JOHN McAREAVEY, husband of murdered Tyrone woman Michaela Harte, will not be needed during the course of the preliminary inquiry into the murder of his wife, a court was told yesterday.
The prosecution led by Mehdi Choony told district magistrate Sheila Bonomally in Mapou of their intention not to call Ms Harte’s husband as a witness.
“The prosecution does not intend to call Mr John McAreavey and we do not intend to tender Mr McAreavey for cross-examination in the preliminary inquiry. If defence feels that it is absolutely essential to hear Mr McAreavey, they can summon him themselves,” said Mr Choony.
This statement followed initial remarks raised by the defence counsels – Sanjeev Teeluckdharry and Navin Bhoyrul – that they needed Mr McAreavey in Mauritius during the course of the preliminary inquiry where they intended to cross-examine him.
“We obtained a DNA report late yesterday [Monday afternoon] in the light of which defence consider it imperative that prosecution’s witness No 25, Mr John McAreavey, be summoned and be made available to the defence for cross-examination,” Mr Teeluckdharry told the court.
Suspect Avinash Treebhoowoon charged with murder was represented by counsels Mr Teeluckdharry and Ravi Rutnah and Sandip Mooneea facing the same charge had Mr Bhoyrul.
Ms Harte was found dead in her room at the Legends Hotel in Mauritius, while on honeymoon with her husband in January this year.
Mr McAreavey, although still in Ireland, told the court through his legal counsel, Dick Ng Sui Wah, who is acting as a watching brief in the inquiry, that he was available for the inquiry should the need arise for him to be physically in court.
The prosecution informed the court of the list of witnesses to be present in court tomorrow among whom were Dr Sudesh Kumar Gungadin (chief police medical doctor) and lead investigator of the major crime investigation team, chief inspector Luciano Gérard.
Mr Choony added another witness who was not initially on the list of witnesses.
Ravi Indradev Seeburn, a room attendant working at the Legends Hotel, will be called at tomorrow’s hearing.
Acting as an independent witness, Mr Seeburn saw Treebhoowoon coming out of room 1025, walking through the alleyway minutes after the official time given by the police of the murder of Ms Harte. The presence of Mr Rutnah as defence counsel for Mr Treebhoowoon, was put in doubt following a statement made by the prosecution.
Referring to the code of ethics for barristers, Mr Choony advised Mr Rutnah under the instructions of the DPP to “withdraw himself from this case as were he to remain as co-counsel for suspect Treebhoowoon, he will be seriously and professionally embarrassed”.
The reason given for such a move by the prosecution was that Mr Rutnah made serious allegations against the investigations team claiming his client was subject to police brutality and the lawyer himself faced hostile officers at the investigating team’s office while assisting his client during the police inquiry stage.
According to the prosecution, Mr Rutnah wrote to several legal institutions – the president of the republic, the DPP’s office and the Bar Council most notably – where he made those allegations. He could be called as a witness in the case if the complaint is fully investigated since the commissioner of police also received such a letter.
Both Mr Rutnah and Mr Teeluckdharry accused the prosecution of dealing “an under belt blow” with such a move claiming the prosecution motive was to “weaken” the defence team. Mr Rutnah added he will not withdraw from the case and stood by allegations he made in the letter.
Ms Bonomally ruled that the court was not the appropriate forum to entertain such a statement and it remains the decision of the accused to choose a defense counsel.
The preliminary inquiry in itself did not start yesterday with both prosecution and defence raising several motions which had to be debated.
However, tomorrow Dr Gungadin will give evidence as the first witness of the prosecution starting the preliminary hearing itself.
In a ruling delivered at the start of the hearing yesterday, Ms Bonomally affirmed her decision not to step down from the preliminary inquiry following a defence motion on Monday challenging the bench.