AN APPLICATION by lawyers defending one of those accused of the murder of Michaela Harte, seeking to have the magistrate hearing his bail application replaced, was dismissed yesterday by the supreme court in Mauritius.
Ms Harte was the daughter of Tyrone senior football manager Mickey Harte.
Lawyers for Avinish Treebhoowoon, a room attendant at the hotel in Mauritius where Ms Harte was honeymooning when she was murdered in January, sought to have presiding magistrate Ms Bonomally disqualify herself last week on the basis that their client would not get a fair hearing from her.
According to documents they lodged, Mr Treebhoowoon “honestly believes that each time he was brought before the court . . . he was not allowed by Your Honour to make a full complaint about the torture and ill-treatment he has been subjected to” by officers investigating Ms Harte’s murder.
According to Mr Treebhoowoon’s barrister Ravi Rutnah, the supreme court ruled the application was invalid.
“This means that Magistrate Bonomally will continue in the case and will hear my client’s bail application, which has now been scheduled for February 16th next,” he said.
He added that there was no reason given why the application was ruled invalid.
In all, five men have been charged in connection with Ms Harte’s death – two with murder and three with conspiracy.
