DOWN MEMORY LANE
The Guy Pool trial
Last week Mr. Rene Vidot also known as Flake threatened to bite off Ashford’s private parts. This week in cross-examination Claude Vidot accepted that he had complained to a police officer that Miss Stravens walked up and down pass his cell and it gave him a sexual urge and he wanted her to stop. He also confirmed that he, Claude Vidot, had asked the police for his wife to be brought to his cell because he had not had sex for some days. We end with the testimony and cross-examination of Yvon Bastienne who testified that on the 31st of July, 1972. She went with her friend James Pillay to La Gigolette. And that she was approached by Mr. Albert Rene, a lawyer at the time. Who wanted her to give an account of what took place at La Gigolette the night she was there.
D.W. 5 CLAUDE VIDOT
Jean Claude Vidot. I am not known as Flake. I’ve never been known as Flake. My brother Rene is known as Flake. Early last month I was arrested. It was 3rd August about 9 p.m. I was arrested from my house. I was sleeping. There were Mr. Ashford, a chinese policeman, a dog and about 6 other policemen. I was sleeping when they came. I heard someone calling me. I asked who it was. Someone replied ‘it’s the police”.
I got up, put a shirt and opened the door. I saw Mr. Ashford. He spoke in English to the Chinese looking policeman who translated to me in creole. He told me I had to come down with them as they needed me. I said o.k. I went in to tell my wife that I was going out and I would return later. When I went in to tell my wife, Mr. Ashford and the Chinese p.c came with me. My wife appeared angry and asked whether the police did not have respect for her. I changed clothes and I went with them. They took me to the police station where I was searched. Some papers and some change were taken from me and I was then taken to a cell by the Chinese p.c. Mr. Ashford came behind us. He said “before I lock you up I’ll tell you why I arrested you”. I was taken upstairs to his office. Mr. Ashford spoke in English with the Chinese who translated to me. He asked me if I was poor. I said yes. He said “I am a father to you; I can help you and give you and your family to go overseas”. I asked him why he wanted to give me all these things. He told me he would give me all these things if I would be prepared to help the police. He said he had other evidence, that Mr. Rene put the bomb and that I knew all about it. I told him I knew nothing about it. I asked him for me to see Mr. Rene. He told me Mr. Rene had no right to see anyone there. I asked to see Mr. Valabhji. He told me that Mr. Valabhji charged a lot of money and I wanted a lawyer why didn’t I ask for Mr. Frichot because he charged less than other as I’d just told him that I was poor. I told him “O.K” if I don’t see Mr. Valabhji I can see him tomorrow whether I can see Mr. Frichot”. He asked my why did I want a lawyer, all I had to say was the Mr. Rene has put the bomb. He told me I would not be charged if I gave him that information and he would send me overseas with my family and I would enjoy better life there. I told him I did not know anything concerning this incident. He sent me back to my cell.
Later about 2 a.m. he sent the chinese p.c. to get me. I went with him. Arriving upstairs he told me “once and for all will you say that Mr. Rene put the bomb”. I said “if he has done so I don’t know about it”. He took a revolver and pointed it at my chest. He told me “say that Mr. Rene put the bomb”. He repeated that 2 or 3 times. I said I could not blame anybody, neither Mr. Rene nor anyone else. I was not afraid. I realised he could not kill me, because I was there with them and if he killed me he would be responsible for it. Again he asked me if I knew who had planted the bomb. I said no. He sent me back to my cell. They left me for that night.
Next day I asked to see a doctor and a lawyer. I saw the doctor but the lawyer did not come. I told the doctor that I’d been given a wooden board to sleep on and I’d not slept at all. The doctor gave them instructions. They give me a mattress and a blanket. Two days later I was given a pillow. I’d asked to see Mr. Valabhji. I was told that they had phoned Mr. Valabhji but he was busy. During the day I asked to see Mr. Valabhji but he did not come. About 5 p.m. the chinese p.c. came to fetch me. He took me upstairs to his office but to a different place not near his desk. It was an office upstairs it was an office before you get to his office. You use one door. He read a paper to me and it translated by the Chinese p.c. He told me I was charged. He asked me to sign and I refused. He told me I was charged for putting the bomb at Reef Hotel and Adam Moosa. I was taken to court. I did not have any lawyer to represent me. I was taken to court. The judge spoke and the Chinese p.c. said I had no right to say anything. The charge was read to me and I was told I would be detained in custody until the 14th. I was taken back to the cell.
That night I was sleeping and the Chinese p.c. came to shine a light in my face. I was lying down, I was not asleep. He said hello I did not reply. Later he came again. He opened my cell. He prodded me with his finger, several times, hard. He told me “you will be baised if you don’t say that Mr. Rene planted the bomb”. He pulled my blanket off me. I told him the doctor has prescribed the blanket for me. He left my blanket with me but took my cigarettes and matches and went away.
Next morning I asked to see Mr. Valabhji again. It was Saturday morning. At first he did not come. I asked again and he came. I asked him if I had a right to complain about what they had done to me there. He went to fetch Mr. Goodchild who came back with him. They took me to an office where I was searched previously. There were Mr. Goodchild, Mr. Valabhji, Mr. Stone and an officer whom I don’t know. Mr. Goodchild spoke to Mr. Valabhji and the others. I gave a statement.
The statement was recorded by a police officer. I saw him here yesterday. I signed it. It was in creole. I think it was written down in creole. I can’t read. (shown a statement) This is my signature on the statement. I signed on each page. (Points to 3 signatures. Statement read out by court Interpreter and translated simultaneously by him into English). The statement is correct. It was signed by Mr. Valabhji and the recording officer.
Mr. Kapila: I produce the statement. Exhibit Z (No objection).
Witness: What I said in the statement is true.
The following Wednesday about 11 a.m. I was taken to court. The Chinese P.C. and Mr. Ashford came and told us to get ready to go to court. I went to the Magistrates’ Court. The charge was read out to me but I was told not to plead. From there I was taken back to my cell and in the afternoon I was taken to the prison at Union Vale. Next day, Thursday I was taken to Supreme Court. Mr. Valabhji appeared to me. I heard him say that a lawyer was coming to represent us and the case was adjourned to next day. Next day when I came to court A.G. handed a paper to the court and I was released.
Cross-examined:
Q. When you left the witness box yesterday did His Lordship tell you not to talk to anybody about this case?
A. No.
Q. Do you know you should not talk to other witnesses in the case?
A. Yes. This morning I spoke to Daphne but she only asked me how I was. I am in the habit of walking about. I did not break away from Daphne when I saw the Attorney General come. When Daphne came the Attorney General also arrived. A constable told us we had no right to speak to each other. The Attorney General arrived about the same time as Daphne did. She asked me how I was and I said I was all right. The Attorney General told the P.C. to tell us not to talk.
When Mr. Valabhji came to the cell I complained to him. Before that I asked to see a lawyer and a doctor. I did not complain to Mr. Goodchild. I am satisfied with the way Mr. Goodchild entertained my complaints.
Q. We have evidence here that Mr. Goodchild came to see you on the 5th August as 8.35 a.m. when you gave a statement to Mr. Valabhji?
A. I do not remember.
Q. How did Mr. Valabhji come to the station if you did not speak to Mr. Goodchild?
A. I sent Mr. Valabhji to call for Mr. Goodchild.
Q. How did Mr. Valabhji get to the station?
A. I told several P.Cs who passed by my cell that I wanted to see Mr. Valabhji. Mr. Goodchild visited my cell 2 or 3 times. I did not speak to him. I cannot speak English.
Q. Did you complain to Mr. Goodchild about your having no pillow?
A. I complained to Mr. Ashford who came with Miss Stravens and sometimes with Wen Yam. I do not know how to speak English to tell him that I did not have a pillow. Mr. Ashford always came with Miss Stravens and Wen Yam. Mr. Goodchild did not come with an interpreter. He came alone. If he said that I spoke to him he could be lying. I did not complain to Mr. Goodchild that a chinese p.c. had pulled my blanket from me. I don’t speak English. I complained to Mr. Ashford who came with Miss Stravens. I did not make such a complaint to Mr. Goodchild. I sent for Mr. Ashford and I told Miss Stravens to tell Mr. Ashford about it. That was on 5th August.
Q. Why didn’t you say so in chief?
A. I did not think to say it then. I remember to say what Mr. Ashford did to me. I was asked to relate.
Q. Did you ever tell Mr. Goodchild that a P.C. had pointed his finger at you and had told you, you know something in this case you will have to say?
A. No.
Q. Did you tell Mr. Valabhji on the 5th that “last night on the 4th a chinese p.c. , I did not know his name, came to the cell, lighted the torch in my face and said “Aye you wake up”. I remained lying on the bed. Later he came to the cell again. I was sleeping, he pulled the blanket off me and pointed his finger to my face and said “I am going to beat you up if you don’t say that the bomb was put by Mr. Rene”?
A. I did not speak to Mr. Goodchild.
Q. Have you grounds for complaints against Mr. Goodchild?
A. No.
Q. Even though he said this and you deny it?
A. I never told him anything.
Q. Mr. Goodchild said that at 8.35 a.m. that morning the name of Mr. Rene was not mentioned by the P.C.?
A. I did not speak to Mr. Goodchild.
Q. And yet in Mr. Valabhji’s presence 3 – 4 hours later you said that the P.C. had told you the night before that he would beat you up if you don’t say that it was Mr. Rene who planted the bomb?
A. I said that in Mr. Valabhji’s presence.
Q. Why did it take you 4 hours to mention Mr. Rene’s name when in the morning you did not say so?
A. I thought I was not allowed to make a complaint to a senior police officer. I had to find out from Mr. Valabhji if I could do so.
Q. Why did you make complaints to Mr. Ashford?
A. I only made minor complaints to him e.g. about not having a pillow and things like that.
Q. The complaint about the P.C. waking you up is a major one.
A. Yes. He was an ordinary P.C.
Q. Did you complain about Miss Stravens caressing your leg?
A. No. I thought it was not something that I should mention?
Q. Why say it here?
A. It is time that I should say it. I’ve been asked to say it. I was asked about things that happened to me. I made a statement to my lawyer before. That was after I was released, in the afternoon of that day. I related to Mr. Valabhji who translated it for Mr. Kapila to write down. I told them of Miss Stravens caressing my leg. I related to them all that happened to me. Mr. Valabhji has known it for some time. I did not feel well when she caressed my leg. I did not like women to caress my leg. I did not like women to come and caress me like that .
Q. Did you ever complain to the police that Miss Stravens walked up and down your cell and it gave you a sexual urge and you wanted her to stop?
A. I did.
Q. You have a fertile sexual imagination?
A. No.
Q. Did you ask the police for your wife to be brought to your cell because you had not had sex for some days?
A. I did.
Q. I put it to you, you have sex uppermost in your mind?
A. It does not control me but I told him I felt it was a long time that I’d be without it. Miss Stravens did caress me. I could say so in her presence.
Q. Was a meeting arranged between you and your brother while you were in the cell?
A. No. Rene came to see me a day or two after he had been released. I was taken to an office in the presence of several policemen. He asked me how I was and he went away. I don’t know who arranged the meeting. I never asked Mr. Goodchild about this.
Q. If Mr. Goodchild said he arranged it would you agree with it?
A. No.
Q Why?
A. I never made arrangements with Mr. Goodchild. He was present at the interview, I had with my brother.
Q. You said Mr. Ashford pointed a gun at you?
A. Yes it’s the truth.
Q. From where did he get the gun?
A. He was sitting. I could not see his hands. I can’t say whether he got it from a drawer. I was looking at Wen Yam. Suddenly I saw him get up and point the gun at me.
Q. What kind of a gun was it?
A. A black one about this long (shows 6 – 7 ins). He pointed it at my chest. I was not afraid. I realised they were responsible for me and they could not kill me. There was a gun which he pointed at me. I have not made this up nor have I made up that the p.c. pointed his finger at me. There was no typed statement which I was asked to sign. There was charge read out to me before I was taken to court on Wednesday. I was not asked to sign a completed typed statement except for the charge which was read to me.
Q. Mr. Ashford, Miss Stravens and Mr. Wen Yam have told the court that the only question which they asked you was “Are you Flake Vidot”?
A. I was asked that question but I was also told to say that it was Rene who planted the bomb against other things.
Q. If these 3 witnesses said on oath that they only asked you whether you were Flake Vidot, they would by lying?
A. It was not the only question they asked me. They lied.
Q. Do you realise this is a serious allegation you’re making against the police?
A. Yes I’m saying what they did and said to me. That was not the only question they asked me.
Q. Are you Flake Vidot?
A. No.
Q. Were you asked this question?
A. Yes. I said no I’m Claude Vidot.
Q. Mr. Ashford said that you replied “I’m not talking to you” or words to that effect?
A. I told him I was not Flake Vidot. Then he asked me whether I knew who planted the bomb etc. and I told him I would answer him in the presence of a lawyer and I requested a lawyer.
Q. I put it to you that you just said “I’m not talking to you”?
A. I said “I’m not Flake Vidot” and then he went on with the other questions.
Q. Are you ever mistaken by anybody as Flake Vidot?
A. No I’ve never been called Flake.
Q. Did Mr. Ashford ever beat you?
A. No.
Q. Wen Yam?
A. He poked me with his finger. He did not beat me but he threatened that they would baise me if I did not say that it was Mr. Rene who planted the bomb. He said so. I kicked Wen Yam. I’d told him to leave me alone several times after I’d been put in the cell, I wanted to sleep I was tired but he continued coming and I kicked him so that he would leave me alone. I complained to Miss Stravens several times that Wen Yam was disturbing my sleep.
Q. Did you ever make such a complaint to a senior officer?
A. No. I did not consider it serious. I consider somebody poking his finger at me as serious. I was tired and I could not get a good sleep but I was interrupted all the time. When I kicked Wen Yam he did not hit back.
Q. Does that show he is a violent man?
A. He was not quite at all.
Q. I put it to you he never pointed his finger at you, never assaulted you and he never threatened you?
A. He did not beat me but he threatened me and poked his fingers at me. He did come to my cell to speak to me. Nobody has ever called me Flake by mistake. I agree I kicked Wen Yam. I am not a violent man but I was tired and I told him so. I have never used violence against anyone else. Once I was still a boy a man came and attacked me and I was convicted for unlawfully wounding. I was bound over for 6 months. I pleaded no guilty. I was found guilty. I pleaded not guilty so that I could get a chance to explain. I gave evidence on oath. The court found me guilty.
Q. That was 4th July, 1958?
A. I don’t remember.
Q. I put it to you that the statement you made before Mr. Valabhji is false?
A. It’s true.
Q. You made it up to cast malicious aspersions on the police?
A. No it’s true. I related what they did to me. What I said about Mr. Ashford, Miss Stravens and Wen Yam are true. They did that to me.
No re-examination
Witness excused.
D.W. 6 YVON BASTIENNE
Yvon Bastienne. I remember 31st July, 1972. It was a Monday. I got my pay on that day. In the evening I met a friend and we went to Marie’s bar. My friend was James Pillay. I met him about 6 p.m. We went straight to Marie’s. We had 2 beers and then we decided to go to Coco Rouge at Anse Aux Pins. That’s a restaurant. We decided to go and have something to eat. We had finished eating about 8 p.m. After that we sat down and chatted until about ¼ to 12. We then got the owner to phone a taxi for us. We came down and stopped at Akai’s place at Mont Fleuri. We went in. The owner said he was closing as it was midnight. We decided to go to Marie’s again. We went there but it was closed. We came down and the only place that was open was La Gigolette. We’d gone to Pirates Arms and it was closed. We went to La Gigolette. It was after midnight. After I had sat there for a long time, Mr. Ashford came in with W.P.C. Stravens and P.C. Wen Yam. We’d sat there for about 3/4 hour before they arrived.
They came in and sat down. They ordered some drinks. They sat down with their backs turned to La Gigolette and sat down with my back turned to Queen’s Building. There is a bar next to La Gigolette apart from the La Gigolette discotheque itself.
After they had come in a nonsense fellow by the name of Rath came in. He came straight to me. When I say nonsense fellow I mean someone who always creates nuisance, an undesirable character. He came to me and asked me for a beer. I gave him a beer. Then he was talking loud and Mr. Ashford talked to P.C. Wen Yam and said that the fellow was disgraceful or something like that. The fellow had two trousers on him. He had a dirty pair of trousers, rags on. P.C. Wen Yam talked to Rath. I did not hear what he said. The fellow removed the top trousers and he had another pair of trousers underneath and these were quite good. I don’t know if it was a joke. Then Mr. Ashford got up and chased him out. He told him to get out. I did not see if he touched him. Mr. Ashford went out with him as far as the stairs. There was another argument with another fellow out. Mr. Ashford chased Guy out too. Then Mr. Ashford came and sat down.
After that one Claude Savy came in with another friend. They stood at the bar. They ordered a drink. My friend and I then left. When we left Claude Savy and his friend were at the bar and Mr. Ashford and his company were still there.
Cross-examined by Mr. Grimmett :
It was Monday 31st July. 31st August was also a Monday. I think so 31st August was a Monday. I’m definite about that. I’m also definite that 31st July was also a Monday. That was the only day I went to La Gigolette.
Q. 31st August 1972 was a Thursday?
A. Maybe I misunderstood it. It was a Monday when I went to La Gigolette. I got paid that day. Costains pay on 31st. I started off at 6 p.m. with a friend. We went to Marie’s bar we had something to drink. We went to Coco Rouge and we had something to eat. We then had a couple of small beers and we chatted. The owner is a good friend of mine. I did not sip it with a straw. I was having some drinks that night. After 11.45 I had some more drinks. I was not thirsty at 11.45. When you drink beer your thirst does not stop. I was enjoying myself.
It was Monday when I went to La Gigolette. I was not in a state of intoxication when I got there. I did not have a drink at Akai’s. It was closing. We went to Marie’s and then to Pirates Arms. These two were also closed. Then my friend said the only place we could go to was La Gigolette. I was sitting on the seat near the wall. I had my back turned to Queen’s Building. There is a bench there. My friend was sitting on a bench. He was sitting at the end. The end does not touch the wall. Mr. Claude Savy stood at the bar. He was facing the same way I was facing. He had his back to me. He stood to one side of me, to my left. There was one person with Claude Savy. I do not know who it was. That was between 31st and 1st August. 5 days ago I was approached to give a statement in this case. I was approached by Mr. Albert Rene, lawyer. He told me he had an information that I was in La Gigolette on 31st/1st August. He said a fellow had seen me there. He did not mention the name to me. I would say a person not a fellow because as you suggest it could have been a woman. He told me someone had told him so. He approached me on Monday. I was able to cast my mind back. I was not drunk. I could remember what happened. I did not make it up if you were asking me about 31st July or 31st August.
I’ve been to La Gigolette only once and that was when the nuisance men were thrown out. I do not know Mr. Martinez. If he was there I would not know his identity.
Q. He said something about a man being thrown out sometime that week but he said not 31st July.
A. It was on 31st July, Monday. I did not go anywhere on 31st August. I was at home for the whole night. On 31st July I was not with my wife. I was roaming about. On 31st August I’d gone back with my wife and I stayed at home. I was enjoying myself on 31st July, not getting drunk. I was not back with my wife on 1st August. I went back to her on 3rd or 4th August.
Q. On Tuesday 1st and Wednesday 2nd you were still free to go out on a spree by yourself?
A. Yes.
Q. I put it to you that the incident when the man was thrown out was on the 2nd or after that?
A. I did not go back after that. It was between Monday and Tuesday that the man was thrown out.
I know Mr. Ashford. He is here in court. I’ve met him many times. He is the head of C.I.D. I am a Seychellois and I must know that.
(Mr. Ashford is in court and so is W.P.C. Stravens).
I work for Costains. We are paid at the end of each month. I am paid monthly.
Q. I put it to you that Costains pay their workers monthly on a Saturday?
A. Never. On Saturday they pay the weekly people. What I’ve related happened on Monday 31st July/1st August. I saw Mr. Claude Savy there that night. He came and met me there. I can’t say his state of intoxication that night.