Legal argument nearly collapsed trial six weeks in
The threat surfaced in a legal argument in the absence of the jury, when defence lawyer Sanjeev Teeluckdharry lodged a motion to have the jurors dismissed after claiming their minds had been poisoned by interventions by the judge.
Mr Teeluckdharry was referring to questions Justice Prithviraj Fecknah posed to his client Avinash Treebhoowon during cross-examination by the prosecution.
These, he alleged, may have “unfairly influenced and poisoned the jury’s right thinking”.
“It may appear... the court has embarked on cross-examination... of [Mr Treebhoowon] in such a way as to convey the impression that his lordship may have descended into the arena and has had his vision clouded by the dust of conflict between the parties,” he claimed.
Mr Teeluckdharry’s motion suggested two courses of actions: that all judicial interventions he raised concern on be struck from the record, or that the jury be dismissed outright.
As the submission was outlined, chief prosecutor Mehdi Manrakhan reacted furiously. “The motion constitutes a direct attack on the impartiality of your lordship.”
He noted that all 30 prosecution witnesses had been subject to cross-examination and during that exercise the judge had also intervened.
The day before, Mr Teeluckdharry had asked for time to review transcripts of proceedings so he could re-examine his client on the stand.
The court adjourned after the judge granted the lawyer time to complete the exercise — the thought of a potential collapse at the forefront of many minds. Mrs McAreavey’s widower John looked particularly concerned.
Almost four hours later, the court reconvened. Before proceedings got under way Justice Fecknah said he was well aware that a judge should be an independent arbitrator as “matters are thrashed out between counsel”.
However, he said: “The judge is allowed to put a few questions to witnesses to clarify matters.”
Afterwards, the jury was told a “matter of law” had now be “dealt with”.
But later in the trial, after Mr Teeluckdharry’s request to put leading questions to his client was checked by the judge, he again lodged a motion.
This time he called for legal proceedings against Mr Treebhoowon to bepermanently halted. The judge ordered all counsel into chambers.
When they emerged, the judge said he had decided all questions he had asked during cross-examination should be expunged from the record.
Mr Teeluckdharry said he would not insist on his motion. The judge told jurors a “technical issue” meant they should “purely and simply disregard and ignore” the questions he put to Mr Treebhoowon and his answers.
Within minutes of the verdict, thousands took to social media sites to vent their fury at the outcome.
Among the most vocal were GAA players, many of whom would have met Michaela or her father, Tyrone bainisteoir Micky Harte.
They took to Twitter to vent their fury.
* “Thoughts are with the McAreavey and Harte families today. The trial has been a circus from day one over there. #sickening,” tweeted Kildare player Ronan Sweeney.
* Cork footballer Paul Kerrigan wrote on his account: “Can’t believe there will be no justice for the Harte\McAreavey families. ?#disgrace.”
* Players joined thousands of people calling for the paradise island to be avoided by Irish holidaymakers. Among the comments under the tag #boycottmauritius was one from Mark Poland of Down, who wrote: “All rite minded irish people shud never visit that fukn hole again #boycottmauritius” get that trending #jokeofasystem.”
* Tomas Quinn of Dublin agreed: “2 not guilty verdicts in McAreavey murder trial? Seems like joke of a court case from start to finish. Strike Mauritius off places to visit”
* Aaron Kernan of Armagh tweeted: “What a shambles in the Michaela McAreavey trial... It was a joke from the outset!!! More suffering for the Harte & McAreavey families.”
* Cathal McCarron was one of the few Tyrone players to tweet about the verdict of a trial which had such a huge impact on his team in particular: “Very sad day for Mickey and Johns family’s.. No justice.. I’m sure there in everyone’s thoughts.”
On Facebook, several pages were set up in the wake of the verdict. One called “Boycott Mauritius” saw its membership grow rapidly yesterday evening. At 5pm it had just over 300 members. By 9pm that had swollen to almost 3,000.
— Stephen Rogers
* To read more on the Michaela McAreavey murder trial, click here
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