Police ‘merged statements to create confession’
The officer who led the investigation faced claims he meshed a non-incriminating statement made by Avinash Treebhoowon with claims of a suspect-turned-witness before further embellishing the false account.
Chief inspector Luciano Gerard insisted the hotel cleaner had voluntarily signed his own version of events on Jan 13 last year — three days after the crime.
Mr Treebhoowon’s lawyer Sanjeev Teeluckdharry claimed Mr Gerard had taken parts of a statement made by his client two days earlier and added sections of the account provided by a fellow employee at the Legends Hotel where the murder happened, Raj Theekoy.
Mr Gerard rejected any claim that the statement was obtained inappropriately and highlighted that the accused had agreed to take part in a reconstruction at Legends after signing it.
In the statement, Mr Treebhoowon claims he and co-accused Sandip Mooneea murdered the Co Tyrone teacher when she walked in on them stealing.
Meanwhile, the trial heard that detectives did not take statements from fellow guests at the hotel who were staying close to the room where the tragic honeymooner was strangled.
Mr Gerard also told the jury at the Supreme Court in Port Louis that hotel CCTV footage was not used to establish where certain suspects had been during the day of the crime — with only the movements of Ms McAreavey’s husband John fully traced.
Questioned by a lawyer for Mr Mooneea, Mr Gerard conceded he did not know that two garments — a bikini top and belt — had been found at the scene when police handed control of room 1025 back to the hotel two weeks later.
Mr Mooneea, aged 42, and Mr Treebhoowon, aged 31, both deny murdering the daughter of Tyrone football boss Mickey Harte.
Earlier, Mr Gerard had rejected a claim that he denied Mr Treebhoowon his constitutional rights by interrogating him without a lawyer present. The hotel cleaner confessed to the murder but has since insisted the admission was beaten out of him.
Mr Teeluckdharry also defended the length of time — almost six hours — he took to cross-examine the police officer.
“I understand the timeframe but my client could be sent to hell for 60 years and I will need to take as long I need to take.”
A Legends employee who claims he heard cries from room 1025 and then saw the two defendants emerge was poised to take the witness stand yesterday.
However, just after Raj Theekoy entered court, judge Mr Justice Prithviraj Fecknah decided it was too late in the day to embark on fresh testimony and told him to return on Monday.
Mr Theekoy was once a suspect but has since had a conspiracy to murder charge against him dropped.
After Mr Teeluckdharry’s examination was completed, Mr Mooneea’s barrister Rama Valayden took his turn to question Mr Gerard.
The officer — who confirmed he had not interviewed Mr Mooneea at any stage — faced questions about the police’s handling of the wider investigation.
Mr Valayden listed the occupants of the rooms near the murder scene one by one — 1021, 1023, 1029, 1123, 1126. Each time the officer responded “no” when asked was a statement taken from the guests.
Mr Valayden then turned to a husband and wife who had just booked into room 1125.
“Do you know there was also a German couple, Mr and Mrs Marcus Schaer, who arrived at the hotel on Jan 10 around noon?” he asked. “They were in room 1125 and following what happened in room 1025 on Jan 10 asked to move to another room.”
The lawyer claimed the couple had wanted to make a statement but were not facilitated because they could not speak English or French. Mr Valayden said they wanted to report “something they had seen”.
Mr Gerard said he had no knowledge of it. “None of my officers told me of this.”
Mr Valayden then named two medics who attended to Ms McAreavey after she was found and two shop assistants who had been working close by.
The officer said he had not heard the names before and did not know if statements had been taken from them.
He conceded that a guard working at the front gates of the hotel was also not asked to provide records of all people leaving and entering the hotel on the day.
The prosecution claims the defendants strangled the 27-year-old teacher.
Her widower John is on the island but is unable to attend proceedings until he is called as a witness.
Mr Valayden told the court that there were five cameras in and around the scene of the crime.
He asked if police reviewed the footage from noon to midnight from all cameras — 60 hours’ worth. Mr Gerard said he did not do it personally but two officers were given the task.
When asked if the movements of suspects, including Mr Moneea, were retraced on camera throughout the day, the officer said no.
“Did you do it for John McAreavey?” the lawyer added.
“Yes, they have done it for him.”
Explaining why the movements of suspects had not be compiled, Mr Gerard said: “The whole deluxe quarter is not covered by CCTV.”
The lawyer then turned to the swipe cards used to access the room.
He asked the chief inspector did he know that the only cards found in the room were blue and white in colour while the McAreaveys had been issued golden “all inclusive” cards.
“I don’t know, I cannot say,” said Mr Gerard.
Mr Valayden said the cards expired after one month — with the cards in question set to be wiped on Jan 15.
In regard to the card readers on the room doors, the officer said only 1025 was examined on the day of the murder.
He said others were checked in later days but he was not sure when.
Mr Valayden asked the officer did he know that five finger and palm prints hadbeen found in the room that did not belong to any of the men originally quizzedabout the crime, including the two accused, or from Mr and Ms McAreavey.
The officer confirmed he knew of their existence.
