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ជនជាតិខ្មែរកើតនៅលើដីខ្មែរ ត្រូវចេះខំថែជាតិឲ្យបានរុងរឿង កេរ្តិ៍ឈ្មោះជាតិ យើងបានថ្កុំថ្កើង លុះត្រាតែយើងចេះថែរក្សា។ ទោះបីខ្មែររស់នៅប្រទេសណា ចូរកុំភ្លេចថាខ្លួនកើតមកជាខ្មែរ កុំឲ្យបរទេស គេមកបង្វែរ ឲ្យខ្មែរនិងខ្មែរ បែកសាមគ្គីគ្នា ថ្វីបើគេហ៊ានចំណាយ ប្រាក់កាសចាយហូរហៀរយ៉ាងណា ចូរកុំភ្លេច កេរ្តិ៍ឈ្មោះខេមរា រុងរឿងថ្លៃថ្លា តាំងពីបុរាណ ព្រលឹងជាតិនៅគង់វង្សបានយូរ ទាល់តែយើង ស៊ូរួបរួមគ្នាគ្រប់ប្រាណ កសាងជាតិដោយក្តីក្លាហាន នោះជាតិយើងបានស្គាល់ក្តីរុងរឿង។

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Thursday, July 12, 2012

Two hotel workers found NOT GUILTY of murdering a honeymoon bride in her hotel room in Mauritius


  • Jurors took only two hours to reach the unanimous not guilty decisions on Avinash Treebhoowoon and Sandip Moneea
  • Members of the McAreavey family walked straight out of court when the verdicts were read out
  • Both accused broke down in tears on hearing the result
  • Michaela Harte had been found dead in bathtub of Mauritius hotel room
  • Michaela and husband John had only married twelve days before her death in January 2011

Two hotel workers have been cleared of murdering honeymoon bride Michaela Harte in her luxury hotel suite on the paradise island of Mauritius.
Jurors took just two hours to reach the unanimous not guilty decisions on Avinash Treebhoowoon and Sandip Moneea who had both been charged with murdering 27-year-old Michaela after she returned to the couple’s room at the exclusive beachside complex and caught them stealing.
As the two acquitted men walked out of the Supreme Court in Port Louis throngs of people cheered 'justice, justice' in Creole as policemen hurried the men through the chaotic scenes and moments later defence lawyers were carried aloft.

Avinash Treebhoowoon
Sandip Moneea
Not guilty: Avinash Treebhoowoon (left) and Sandip Moneea (right) have been acquitted of the murder of Michaela Harte on the paradise island of Mauritius
Members of the McAreavey family walked straight out of court when the foreman of the jury made the verdicts known.
John McAreavey and Michaela Harte had been married only 12 days when she was found strangled in the bathtub of their luxury hotel on the paradise island of Mauritius.
Both accused broke down in tears in the dock while relatives jumped to their feet cheering wildly.
During the trial defence lawyers had said that Avinash Treebhoowoon was tortured into confessing to a murder he did not commit by a police force in a hurry to find someone to blame.
The jury's not guilty verdict showed they believed the room cleaner's insistence that a detailed admission statement produced three days after Michaela McAreavey's death, which bore his signature, was a mere fabrication.
Relief at being spared a potential 60-year jail term will be tempered with anger that he has been incarcerated for the last 18 months on what jurors evidently concluded was a tissue of lies invented by detectives.
The 32-year-old will now attempt to restart his life, still on medication for the recurring nightmares he claims he has about the officers who beat him into signing.
Treebhoowoon had been working at Legends hotel for almost five years when Mrs McAreavey was murdered last January.

As a room attendant he was paid 7800 Mauritian rupees a month - about 200 euro.
It was during that time he met his wife Reshma, who used to be a sales assistant.

'Suffering': John McAreavey, pictured with Michaela on their wedding day, cried in court as closing statements were made during her murder trial
Happier times: John McAreavey, pictured with Michaela on their wedding day
The couple married in 2009. She soon became pregnant but would lose the child.
She was present at court throughout the trial, the orange streak through her hair a symbol of love for her husband.

A potential defence witness, for six weeks she maintained a quiet vigil on a bench outside court room five, unable to attend proceedings.

But each morning she would scurry over to the dock to spend a few moments with him before court began.

When her husband's lawyers decided not to call her to give evidence, she was finally able to sit and listen

to the trial's concluding phases.

Treebhoowoon grew up in a small village in the north of the island and left school early and without qualifications.

Prior to Legends he worked in another hotel - the Meridien - and also had spells of employment as a lorry driver and in one of the country's many textile factories.

During his time in the Meridien he was suspended for two weeks after an Italian couple claimed 500 euro was stolen from their room.

Treebhoowoon insisted he was cleared by a disciplinary committee, which blamed one of his co-workers, and he went on to work at the hotel for another two years.

In that period he says he was offered but turned down a promotion opportunity.

'I was not yet ready for the responsibility,' he told his trial.
At the time of the murder he was one of five room attendants working under the supervision of his co-accused Sandip Moneea.

His day began at 7.15am and he would work to 4pm, cleaning nine or 10 rooms in that period.
One of those he worked with was Raj Theekoy, a man he considered a friend but one who would go on to implicate him in the murder as the prosecution's star witness.

Fellow attendant Govinden Samynaden said the two were always laughing together.

'Avinash and Raj were always joking,' he said.
Accused: Flanked by police officers, Avinash Treebhoowon, 30, (right) and Sandip Mooneea, 42, arrive at Court. They are accused of murdering Mrs McAreavey when she returned to the room at the exclusive beachside complex and caught them stealing
On trial: Flanked by police officers, Avinash Treebhoowon, 30, (right) and Sandip Mooneea, 42, arriving at Court during the trial
Having left school early, Treebhoowoon claims he does not have great command of the English language.

An interpreter had to explain proceedings throughout the trial.

Up until two weeks before the murder, he and his wife had lived at his parents' house in Amaury, a rural village in the centre north of the island close to Riviere du Rempart.

There he spoke a language of Indian origin, Bhojpuri.

His father Sooriedeo is a 52-year-old labourer who cannot read or write.
Treebhoowoon claimed he had a fight with him on December 22, 2010 over his failure to buy gas for the house. The row prompted him to leave.

He stayed for a short period with his wife's mother but then moved into rented accommodation in Plaine de Roches.
John McAreavey pictured at the court: He and Michaela Harte had been married only 12 days when she was found strangled
John McAreavey pictured at the Port Louis court: He and Michaela Harte had been married only 12 days when she was found strangled
Witness: Mr McAreavey arrives at court to give evidence at the trial in the island's capital, Port Louis
Witness: Mr McAreavey pictured arriving at court to give evidence at the trial in the island's capital, Port Louis
It was an episode that prosecutor Mehdi Manrakhan found hard to explain, asking where Treebhoowoon got the money to pay for the new pad.

'Let us not forget that this is a man who would fight with his father over buying a gas cylinder and yet find the money to go rent a house for him and his wife to live in?' he said.

The incident that saw him move out of the family home assumed great significance in the trial. After he signed the confession statement, Treebhoowoon met briefly with his father in a police station.

An officer who witnessed the incident claimed the suspect said: 'Forget about your son now, I have made a mistake.'

But in the witness box both Treebhoowoon and his father insisted he was talking about the family fall out and not the murder, instead saying: 'Don't forget about your son,' before he asked to move home.

In the event he could neither go to Amaury nor settle into his rented apartment.

From the day after the murder his new home was to be the four walls of a prison cell.

Happier times: Michaela and John with her father Mickey Harte, left, Bishop John McAreavey and the groom's father Brendan McAreavey at their wedding at St Malachy's
Happier times: Michaela and John with her father Mickey Harte, left, Bishop John McAreavey and the groom's father Brendan McAreavey at their wedding at St Malachy's
It was  a traumatic trial for Michaela's widower John McAreavey who one point during the prosecution’s 90-minute closing speech appeared to discreetly wipe away tears.
During the trial prosecutor Mr Manrakhan had told the court: ‘The person who has suffered the most in all of this, as if he hasn’t suffered enough after the death of the love of his life, Michaela, is John McAreavey.'
‘I am duty-bound to speak about the manner in which fingers have been constantly pointed at John McAreavey in the most unbefitting manner.’
Judge Justice Prithviraj Fecknah had told jurors to ignore any ramifications their verdicts may have on the reputation of Mauritius.
His direction followed remarks by lawyers for the defendants claiming the verdicts would send a signal out to the world about Mauritius.
He had said: 'I have to remind you this is not your role and you are not to allow yourselves to be influenced by such considerations.
'You are not politicians and you cannot allow yourselves to be swayed by political considerations.'
Nightmare in paradise: The couple's room at Legends Hotel in Grand Gaube, Mauritius
Nightmare in paradise: The couple's room at Legends Hotel in Grand Gaube, Mauritius

IRISH PRIEST FEARS MURDER WILL TARNISH ISLAND'S REPUTATION

A 95-year-old Irish priest who has lived most of his life in Mauritius said he fears the murder of Michaela McAreavey will tarnish the holiday island's hospitable reputation.
The concerns of Father Bernard Farrelly appear to be borne out in part by the latest visitor figures on arrivals from Ireland.
But while 22 per cent fewer Irish are now travelling to the Indian Ocean island in the wake of the crime, overall tourism rates continue to go in the other direction.
For the first time Mauritius is forecast to attract more than one million visitors this year - up 3.1% on 2011.
Fr Farrelly, who retired from active ministry only three years ago, insisted the crime does not reflect the true nature of the country and its people.
'It was a terrible tragedy,' said the cleric, speaking from his little bungalow beside the white stone Catholic church in Sainte Croix near the capital Port Louis.
'They were young, his wife was a little older than him - she was 27 and he was 26 I think.
'Her father (Mickey Harte) was the trainer of the Tyrone team and he was a public figure and very well known, there was great link between her and her father.'
The cleric said locals have prayed for the tragic honeymooner and her widower John since her death at the Legends Hotel.
In 2010, the year before Mrs McAreavey's death, a total of 3,460 Irish citizens visited the island.
The following year the number dipped significantly to 2,717.
There was also sizeable fall off in the number of British passport holders arriving on the island last year compared to the previous. In 2010 around 97,500 visited, while only 88,200 went to Mauritius in 2011.
Wider trends must be factored in, particularly the economic downturn, but in a year that saw overall visitor numbers rise, something was certainly putting the Irish and British off.
The prosecution had said the defendants attacked the 27-year-old teacher when she interrupted them stealing in the room, having momentarily left her husband John at a poolside restaurant to fetch biscuits.
During the trial the jury had been shown CCTV footage which the defence implied showed John and Michaela arguing at the hotel reception shortly before the killing.
However, police later came to court with proof the couple in the video were German holidaymakers.
In his closing speech Mr Manrakhan had said all the defence theories were ‘short-lived’ and had been abandoned ‘one after the other’ when it became clear they were unfounded.
He contrasted their behaviour with the manner in which Mr McAreavey, a Down GAA player, had given his testimony.
Luxury holiday: A view of the swimming pool at the five-star Legends Hotel in Mauritius, where the newly-wed couple were staying
Luxury holiday: A view of the swimming pool at the five-star Legends Hotel in Mauritius, where the newlywed couple were staying
‘He came all the way from Ireland with his family to seek justice for the wrongful murder of his wife,’ he said.
‘He came and told us about how they met… about the fairytale wedding, about the house they had bought together and never got to share and John told us that his life ended when her life ended.’
Michaela’s brother and the McAreaveys – John, his sister Claire and father Brendan – had remained out  of court on the day details from the post-mortem report were revealed and only heard the graphic details of the injuries Michaela suffered during the court case.
Evidence from three doctors who examined him in January last year ‘confirmed that the allegations of police brutality were totally unfounded’, the lawyer had said.
He also reminded the jurors that Ravi Rutnah, who was acting for Mr Treebhoowoon, had withdrawn from the trial early on and had never come back to support his claim that his client was abused.

Why was the defence lawyer who quit the case not called as a witness?

Defence barrister Ravi Rutnah drew inspiration from Hollywood when he dramatically quit the trial in its second week.

No return: Defence lawyer Ravi Rutnah dramatically quit the trial in the second week, but despite saying he would taking the witness stand he never gave evidence
No return: Defence lawyer Ravi Rutnah dramatically quit the trial in the second week, but despite saying he would taking the witness stand he never gave evidence
'I'll be back,' the colourful lawyer declared. 'In Arnold Schwarzenegger style.'

The London-based counsel was referring to his intention to appear as a witness for the defence.
The defence's decision not to call him to the stand left one of the case's most unusual lingering questions unanswered.
Did he or did he not eat the fried rice?
But unlike Schwarzenegger's Terminator, Mr Rutnah was not to return for another scene.

A police witness's claim that the lawyer asked to share his portion of takeaway food the evening his client - Avinash Treebhoowoon - allegedly admitted Michaela McAreavey's murder prompted his withdrawal from the case.

'It was a cordial, friendly atmosphere because we even shared our food with Mr Rutnah,' Inspector Luciano Gerard told court.

'I still remember there was fried rice and I'm not fond of fried rice and I gave him my portion - it was takeaway.'

An incensed Mr Rutnah said the accusation, along with claims he turned up to the meeting at the offices of the police's major crime investigation team (MCIT) more than an hour late, amounted to an attack on his professional integrity.

'As a direct consequence of that, I have decided to withdraw representing accused number one, Avinash Treebhoowoon,' he said.
At that he grabbed three legal textbooks between his hands, tapped them loudly on the bench, turned on his heels and strode out of a shocked court room.

If some observers found the theatrical exit hard to digest, the fried rice simply refused to leave the menu.

Time and again lawyers returned to the topic.

But they were not indulging in frivolity, for the fast food portion became a touchstone for the competing claims of the defence and prosecution.

If Mr Rutnah had shared rice with police officers in a convivial atmosphere it would have undermined his claim that both he and his client were threatened before Treebhoowoon was forced to sign a fabricated confession statement.

If the episode was a figment of the police's imagination it was further proof, defence counsel maintained, that they were prepared to stop at nothing to cover up the fact that they had used violence to compel the suspect to make an admission.

With Mr Rutnah departed stage left, Treebhoowoon's senior counsel Sanjeev Teeluckdharry set about getting to the bottom of the affair.
'You gave your fried rice to Mr Rutnah?' he challenged Mr Gerard under cross-examination.

The policeman replied: 'Yes, I am adamant about that.'

The tenacious lawyer then produced a statement from Mr Gerard's superior, Assistant Police Commissioner Yoosoof Soopun, in which he claimed it was actually him who donated rice to a hungry Mr Rutnah.

'Mr Soopun said he gave fried rice to Mr Ravi Rutnah, and not on the 12th but on 13th January.'
Mr Gerard did not think twice before contradicting his boss.

'If Mr Soopun had given a statement that it was on the 13th I will say that Mr Soopun has made an error. I am totally sure about that.'
The lawyer hit back: 'My instructions are, neither your version or the version of Mr Soopun are correct.'
Mr Gerard stood by his story: 'I would say my version was correct because it was my takeaway. And I gave it to Mr Rutnah.'

On trial: A sobbing Treebhoowoon pictured arriving at court. He pleaded not guilty to the killing
On trial: A sobbing Treebhoowoon pictured arriving at court earlier in the trial

Mr Teeluckdharry insisted the whole thing had been made up in an attempt to force his colleague to step aside.

'These are allegations and a below-the-belt attack on a legal representative,' he said
Chief prosecution Mehdi Manrakhan reacted with incredulity to this assertion.

'What allegations?' he asked.

'Giving someone your fried rice is not an allegation? Below the belt?'

Days later a key prosecution witness unwittingly got embroiled in the matter.
Raj Theekoy, who was originally arrested in the wake of the honeymooner's murder, was asked by Mr Teeluckdharry if he had been served food when in custody.

'Yes, fried rice,' the hotel cleaner replied, wondering why his answer had been met with stifled giggles in the public gallery.

Soon it was the turn of Mr Soopun to give his version of the by then infamous meal in the MCIT building in Port Louis two days after Mrs McAreavey's murder.

'We normally had a special dinner when we worked late and we worked until late on the 12th (January 2011),' he explained to Mr Manrakhan.

Mr Soopun, the head of the MCIT, claimed that after a five-minute meeting with his client about his intention to make a full confession statement the next day Mr Rutnah and Treebhoowoon emerged.

'Then we invited them to share our meal,' he said. 'They said they would be delighted and accepted our invitation.

'Our meal was fried rice, my Lord. Mr Gerard doesn't like to eat fried rice. Mr Rutnah made a request if he can be given the share of Mr Gerard's fried rice and he was happy with it.'

It was an account Mr Rutnah never got the opportunity to challenge in court.

He did not come back as promised in his movie-style farewell.

But if he failed to follow the lead of Schwarzenegger's most famous film character, he still fully intends to replicate the Austrian-born actor's real-life career change.

The lawyer has made no secret of his desire to get into politics and one day become the prime minister of Mauritius.

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