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Dublin: 11 °C Wednesday 22 May, 2013

Martin McGuinness disagrees with ‘perverse’ Michaela trial verdict

The North’s deputy first minister is meeting with the Mauritian high commissioner in London today to discuss the case.

Image: Peter Morrison/AP/Press Association Images

MARTIN MCGUINNESS HAS said that he disagrees with the “perverse” ruling of a court in Mauritius to acquit the two men who were accused of the murder of Michaela McAreavey.

The North’s deputy first minister said that he disagreed with the verdict of the jury in the case and was meeting with the Mauritian high commissioner in London today to express his concerns with a view to having a retrial taking place.

“There are huge question marks over how the policing authorities in Mauritius handled this investigation from the beginning,” he told RTÉ’s Morning Ireland.

Two former attendants at a hotel on the Indian Ocean island were last week acquitted of the murder of the Tyrone woman in January last year.

There has been considerable criticism of judicial process in Mauritius as well as outrage at the publication of graphic images of Michaela’s body in one of the island’s Sunday newspapers.

McGuinness said the purpose of his meeting with authorities in London was to discuss the “appalling handling of the case and the appalling way” that the McAreavey and Harte families were treated throughout the case.

On Morning Ireland, the Sinn Féin MLA said: “I do disagree with the verdict of the jury” describing it as “perverse” and adding: “I first of all think that the first priority and main focus is how a retrial can be brought into place.”

“I want to hear from the Mauritians what exactly they are doing about that,” he said.

I would be happy with a further investigation with a view to ensuring that there is a retrial and that’s what the main focus has to be.

McGuinness said that there had been agreement on the idea that both the Gardaí and the Police Service of Northern Ireland contribute to a review of the evidence in the case and said that “it all has to be done with a view to a retrial”.

He was speaking as the editor of the Sunday Times newspaper, which published the graphic photos of McAreavey’s body, prepares to go before a court in Port Louis today where he is expected to be charged with ouraging religious and public morality.

McGuinness said that that the publication of the images was “absolutely distasteful” and described the Sunday publication as a “rag of a newspaper”.

He also said that he had not seen the controversial images of McAreavey and the hotel room where she was killed.

Michaela death: Mauritius PM invites Gardaí, PSNI to investigate

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Comments (63 Comments)

  • The whole situation is a scandal, pressure must be kept on to get to the truth,

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  • just hope all this politicing will lead to justice some day.

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    • THIS type of politicing certainly won’t. A politician saying “I’ve decided who’s guilty and I want them convicted!” never does.

      Hopefully justice *will* be done and whoever the murderer or murderers are, whether that be the original accused OR NOT, will be found and convicted. But comments like McGuinness’ run contrary to getting that done.

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  • I have to also add the attitude of punitive transfer mentality among the senior ranks of the Mauritius police. You might be very good and professional and result driven, but there’s no recognition for your good work while being a detective. Once you disagree with a decision or rather indecision or approach in a case made by a senior officer, you are transferred to beat duties in the regular police with immediate effect. This has been the case many times and I’ve witnessed it first hand, as this was done to my former colleagues in the Mauritius police CID, even though they were very good and were bringing results, in difficult and dangerous cases. This MCIT team has been reshuffled countless tines, that we have now ended up with incompetents who can’t even stand in a Court of Law, worse of all, can’t even recollect something that happened few months back, while the more professional and dedicated detective has been transferred to regular police or riot unit as part of a punitive and protectionist mentality from the part of a handful politically-protected seniors. Also, after each regime change, one can expect massive transfers within the seceral police departments. Each government regime always have their guys in places they favour. Fortunately for me I can discuss this now as am out of the now shamed Mautitius police and fear no punitive actions against me. But sadly, there are families here who are directly suffering from the mentality that exists in the police and which has shown a lot of incompetence while dealing with a murder case. With what’s happening now or rather with all the international pressure, hopefully we will see positive changes and reform in the Mautitius police.
    RIP Michaela. Hope that the culprits will be caught and justice done for you.

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  • you can’t just keep trying people until you get the verdict you want. For all we know those guys had their confession beaten out of them and really are innocent. McGuinness of all people should be pretty familiar with that type of scenario.

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  • One has to ask about the competency of the Commissioner of Police and his deputy, DCP(Crime), under whom the direct responsibility and management of the CID falls.. Those guys have never done beat duties in their police career and yet they are the top brass of the Mauritius police. What can you expect of many (not all) detectives in elite teams!!! Those top brass have been put there by political backing. After a few months or years in the military and at a very young age(20-25), with a good leaving cert and physical condition, they “passed” a test and with some political backing, are chosen to follow cadet courses in India, France and the UK top military colleges for officers and come back to Mauritius as Cadet Inspector in the police’s military branch and only a year after they are appointed inspector/lieutenant, depending on their posting. Those same guys will then be transferred to various departments as senior officers responsible for teams, that those same senior don’t even know the very basics of the job. How can they manage then. All those things have to change in the police and the prime minister is directly responsible for all those partial selections and promotions. As long as there is no major reform in the Mauritius police, that is, no communalism, protectionism and political interference altogether, we will continue to find those kind of incompetences witnessed in late Michaela’s case and trial. Sadly this is the very truth about the Mauritius Police, and due to a small handful of incompetents from the lowest ranks through to the CP himself, some very good and professional detectives out there are taking the shame and blame.

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  • No sane person who followed the trial and has a basic understanding of the concept of innocent until proven guilty could possibly think that the defendants should have been found guilty.

    He can’t possibly have followed the trial.

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  • I can’t think of anything more impotent than politicians of one country complaining about the institutions of another country.

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  • I wonder what his opinion would be if this happened in the uk or the north and they were 2 catholics on trail who claimed torture by the police. I generally support McGuinness but I thought this was a silly statement. I could be wrong but I reckon those guys didn’t do it.

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    • We might recall a murder in West Cork some years ago and the levels of interest shown in the case by the French Authorities right up to the present day. Nothing unusual her other than politicians rather than legal Bodies getting involved.

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  • One thing that strikes me is that this basically strikes out any hope of skilled PSNI detectives aiding in the case. The Mauritian authorities have said they would welcome such aid but the fact that the joint head of government of NI has now declared publicly who the killers are and directed they be convicted and put in prison it’s almost impossible to see how any evidence uncovered by NI officers could be used to convict them.

    It’s a big setback for the investigation and a kick in the teeth to the hopes of getting justice. It’s only fortunate the Irish government have been more careful in their comments and Gardai can still, credibly, take up the request for assistance.

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    • Denis 19/07/12 #

      His prejudicing of the case has probably ensured the freedom of the two guys.
      Their lawyer just needs to make sure these comments are well publicised in Mauritius and his clients are home and dry.

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    • Fagan's 19/07/12 #

      Dennis. Their being found not guilty has probably more to do with their being released than anythin McGuinness said on the Radio. His clients were home and dry when the verdict was announced. Everything after that is immaterial.

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    • I agree and I wonder why McG has prejudiced the case in this way. He’s far too devious to do this unintentionally..what is his agenda?

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  • Would Martin like to retry all the poor innocent Irish and English people who had IRA trials with no jury and then shot in the head????? Justice I think not!!!!

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  • Kind of ironic coming from a man responsible for negotiating the early release of so many convicted killers. He even lobbied for the release Gerry McCabes murderers. That’s perverse justice.

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  • BTW I don’t blame Mauritians. Most are like most Irish, decent hardworking people. I think maybe anxiety over the effect the murder would have on tourism caused an overreaction. The two accused were arrested suspiciously fast. The whole process was speeded up so not enough care was taken. It’s a shame that justice wasn’t done, both for the family and for Mauritius.

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  • I am a Mauritian living in Ireland for the last 6 years. I understand the sadness and anger of Michaela’s family and friends. I understand that the Irish public is outraged by the way the whole matter was dealt with in Mauritius and have a lot of sympathy for them. It however pains me also to see the papers every morning and see my country making the front page for all the wrong reasons. I see a hundred guests every morning looking at the papers, mostly about the Mauritius scandal. I overhear conversations about how ‘Mauritius’ has killed one of their own, how ‘Mauritius’ should be ashamed. I am ‘Mauritius’ too and have killed no one, so are my parents, family and friends. I consider myself a hardworking, honest and caring and believe that this makes me a typical Mauritian. ‘Mauritius’ did not kill Michaela, some idiots did and do not represent my country. Every country has its own idiots. So why is it that everyday, I find myself avoiding conversations might lead to the question :”Where are you from?” Would I lie if asked? Certainly not, I still have my pride and love my country. I just don’t have the same big smile anymore when saying it. Instead I find myself lowering my voice, give a straight answer and hope for the best. Most seem to feel ‘sorry for me’, some will avoid the subject, some will cut off conversation and ignore me and I can still live with that. However when someone I put my heart into looking after, would turn his back to me and walk away after saying ‘ I hope no one kills my wife tonight in this Hotel’, I don’t think I deserve that. I agree with all statement that the way Michaela died was horrible, that the enquiry in the matter was shambolic, and that the justice in Mauritius failed to give Michaela’s family some closure. But how did Mauritius suddenly become the worst country? I believe besides Michaela’s family and relations, the people of Mauritius wanted this case solved more than anyone else, I wanted this case resolved quickly and the culprits to be made an example of. This is the same sentiment that probably caused the Mauritius Police to try speed up things and make such mistakes. I was shocked when I first heard the story and so were my family and friends, the country was shocked and embarrassed. We are on the same side!! Why has my country suddenly become the punching ball of Ireland, something to throw all your frustrations at. Are there no crimes here? I recall stories of senseless screwdriver killings, mass stabbing and the more boring ‘shot dead’ stories. However, victims of those crimes tend to remain anonymous, so are their killers. Most stories will be featured a day or two with lines such as ‘man in his 30s from … stabbed to death”. Why is their death less important than Michaela’s, is it the location or the name? I remember reading an online story about a fellow Mauritian who was killed a few years back in Cork, shot in the head, no real explanation or reasons. I tried to look it up and typed “Mauritian killed in Ireland”… no results, all results led back to the murder in Mauritius as if his story had suddenly become a waste of space on the internet archives. I pushed it and typed ‘murder in Ireland’… Same result, it seems that Ireland is now crime free… Mauritius is now the place to be killed. How is that fair? A Mauritian paper had the bad taste of posting pictures of Michaela’s body. I know some tabloids in Ireland who would not have hesitated to publish these pictures if the had hold of them. This stuff unfortunately sells papers. I have never heard of this newspaper myself and now they are in all Irish newspapers, they got what they wanted. I wonder how many Irish people googled this paper on the day. The Irish press made this tiny newspaper known worldwide. they win. I was appalled by it. I hope the Mauritian government does something about it.
    Also, what would you think if Mauritian politicians would interfere in irish Court rulings. This is not acceptable. There is certainly progress to be done in mauritius but that does not make my country a banana republic. The court did what they had to do. Despite pressure from all sides in getting the case closed fast, the judge assigned to this case took the time necessary to conduct a full trial. The jury spent weeks isolated from their family and did what they were asked to do. The lawyers did their job of defending and proved that there were no sufficient evidence to prove their clients were guilty, the prosecution would have done their job too if they were not let down by the investigation and the lack of eveidence. The fact is that these 2 men cannot be re-tried for the same offence and Irish politicians have no jurisdiction over the matter. Even the Mauritian prime minister would not have the authority to refute this verdict. It is awfully sad, but very unlikely that justice will be made in this case, the police did too little too late. I hope the family of the victim will find closure in a different way.
    Back to Mr Mc Guinness, don’t you Irish people believe that your politicians should be focusing their attention on pressing local issues rather than stirring up s**t in other countries? Your politicians are taking a break from solving their own issues and delivering on their own promises by directing people’s attention somewhere else…
    To those 8000 or so fans who ‘like’ ‘ Boycott Mauritius, I wish you could talk to those million tourists who visit the country every year and ask them for their feedback. Mauritius had a record season this year, we must be doing something right. It is your personal choice to visit or not visit the country. I will respect that. For the rest, please don’t put all Mauritians in the same basket. We are as sorry as we can be.

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  • mcbab 19/07/12 #

    MMcG doesn’t do irony. What about justice for Jean McConville? He likes to pick and choose who gets justice it seems.

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    • FG don’t do irony what about justice for their own party member Seamus Ludlow, murdered by the UDR in a sectarian attack south of the border, are FG reps in his locality still saying that it was his family in Armagh that did it. Any apologies from FG for covering up the real killers and cutting off the inestigation. Will FG ever agree to Justice for the victims of the Dublin/Monaghan bombings, will they ever apologize for cutting the bloodiest attack’s investigation off after 6 weeks, once the evidence was pointing in a direction that they didn’t like. Will they apologize for targeting the families for years after via the Special Branch raiding their homes, disrupting their businesses all because the asked why the Govt. stopped the investigation. There are hundreds of things like this.

      One thing that u can say for FF, and I don’t think that I ever complimented them, that for all their crookedness and repeated destruction of the economy that they never covered up things as bad as this.

      One could spend a life time going but, but, whatabout. The 2 sides in the North who suffered greviously, who both had awful things to endure, they have moved on. Isn’t it time for the likes of you to stop trying to keep the bitterness on the boil?

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    • Well Tim …any answer other than Google for Mr McBab?

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  • “Presidential candidate Martin McGuinness was confronted during his canvas in Athlone this afternoon by the son of a member of the Irish Army who was killed in an incident after the kidnap of Don Tidey in Ballinamore in 1983.
    David Kelly, whose 35-year-old father Paddy was shot dead, called on Mr McGuinness to name those responsible.”
    He has no idea who killed Paddy Kelly, but knows who the killers were on the other side of the world in Mauritius.
    Columbo would be proud!

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  • Well said John

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  • Pot – kettle – black !!!!

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  • Nozaed 19/07/12 #

    Fagan’s are you serious when you say that McGuinness has more political Capitol than Our Taoiseach..? How could the leader of Sinn Fein who were the political wing of the I R A and who only have a small probation of the vote 13% in the 26 counties have more political clout! Remember Ms. McAreavey had an Irish Passport was an Irish citizen and hence the responsibility of the Irish Government to intervene with Mauritus.

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    • McGuinness has met more Fortune 500 company leaders, is in regular personal contact with Hillary Clinton, whose private cell he has and on and on.

      Even if he didn’t spend more time in places like Washington etc than Kenny, Enda is hardly a person that you would describe as a statesman. For flip sake, he had Sarkozt tickling him under the ear, like he was a school girl.

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    • Fortune 500 companies. How revolutionary.

      So basically he’s even more of a shill to international capital than Kenny. That would take some doing.

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    • Not to labour the point but there’s something very postcolonial about saying ‘oh my, he has Hillary’s mobile number!” I mean basically, it’s saying a former revolutionary has a direct line to the most counter-revolutionary, reactionary, imperialist country on earth. That should make SF bots blush, not gush!

      I remember when Bush the war criminal came to Ireland and she Shinners were queuing up to shake his hand. How embarrassing.

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    • Fagan,
      reading your post I can’t help but be reminded of the Big Brother racism row and the moment when Jade Goody told Shilpa Shetty that Jade was superior as she knew Posh Spice.

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    • I think the point I’m trying to make is that I don’t think the contents of McG’ s autograph book are relevant

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  • Personally i think this is about justice for Michaela, and if nothing else Martin Mc Guinness is not your usual run of the mill person, and let’s face it Mauritius is no run of the mill Country, it needs some serious talking, and if i remember it was the lawyer for the prosecution who went on about the past injustices in England, so whats good for the goose and all that, just hope he kicks ass…

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  • The hypocrisy of McGuinness is boundless, he is part of a state that subverts it’s own courts in order to intern veteran Republican Martin Corey. The Mauritian High Commissioner should tell McGuinness to look to the undemocratic and sectarian statelet before he lectures anyone else on human rights and the rule of law

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  • Do you know it’s fairly sicking to see the comments of some those above me who have to have a dig at MMcG and his past at the expense of Michaela McAreavey. FFS we all know what McGuinness did but he is trying to right a miscarriage of justice in a foreign country for a young bride and all ye can do is snipe at McGuinness. Hope ye are proud of yourselves!

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    • What’s the miscarriage of justice here?

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    • If you followed the case you would know the verdict was the right one.

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    • The verdict was not a miscarriage of Justice.

      The police investigation was a complete shambles so the issue should be there, not with what the jury decided.

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    • I think that’s a very unfair mischaracterization.

      Frankly it’s risible to suggest that criticism of McGuinness’ cack-handed comment is “at the expense of Michaela McAraevey”. On the contrary, it’s McGuinness whose comments are at her expense. You’ll note that other politicians have demanded justice but been more circumspect about claiming to know who the murderer or murderers are. By McGuinness claiming to know who the killers are and demanding they be convicted he is, in fact, standing in the way of the proper execution of justice.

      And, frankly, under those circumstances, I think some comment on his historical support of sham trials and vigilante justice isn’t entirely of topic.

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  • Nozaed 19/07/12 #

    Fagan’s are you serious when you say that McGuinness has more political Capitol than Our Taoiseach..? How could the leader of Sinn Fein who were the political wing of the I R A and who only have a small probation of the vote 13% in the 26 counties have more political clout! Remember Ms. McAreavey had an Irish Passport was an Irish citizen and hence the responsibility of the Irish Government to intervene with Mauritus.

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  • Don’t think McGuinness recognises the courts ! !
    How dare he comment on this case , he’s just seeking free publicity , again .
    Him and his murdering republican army. !!

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  • Joe Reid 19/07/12 #

    Reading details of this trial reminded me of the Brits system of justice after IRA bombing attacks on their mainland in the 1970s. Pick up a few “Paddies”, beat the crap out of them, forced to sign statements admitting guilt, put them in a media show trial , lock them up and throw away the key. All for political expedience. Marty now belongs to the political establishment as reflected in his comments.

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  • Mac Stout is an expert on good judgement especially when it comes to who should live and who should die. He is over qualified. If the poor family are relying on people like him for support the the families of his victims must want to vomit.

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  • “Perverse verdict”? Guilty or innocent, the police investigation was so botched and the trial not conducted as well as it could have been, there was so much reasonable doubt that a conviction couldn’t and shouldn’t have been secured. Anyone else think that the police didn’t carry out thecincestigation properly because they thought if they got a confession the case would be done and dusted?

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  • Any 5 year old who followed that trial should have seen the two accused could not have been acquitted. But I suppose then again Sinn Fein have never really understood the Courts and Justice systems.

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    • Jesus Lionel anything to have a go at SF. As you said your self a miscarriage of justice but never mind that let’s have a go at SF. Never mind the dead womans family let’s use this to throw in snide remarks about the shinners. You need help lad.

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    • Any 4 year old following the trial could see that the two accused were acquitted though but I suppose then again Lionel Hutz never really understood the Courts and Justice systems.

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    • No doubt it sucks Lionel that they were but its not right to cash in on it either. McGuinness whether you like it or not, is the joint leader of the area that she lived and worked in. He certainly has a lot more political capital and contacts across the world than Enda has. He knows the Hartes, why shouldn’t he help out if he can.

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    • This result is not perverse. The police forensic gathering was like a sieve. The missing of good evidence was sloppy because the investigation was flawed. It is perverse to extend the suffering of the Family in this way. Let them alone at this dreadful time of their lives

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    • Should we not defer to Martin’s extensive experience of foreign jurisprudence. Remember he has a background in Australian marsupial courts from his previous job!

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    • I have been to court as main investigating officer in many criminal cases, and as is the habit with criminals, under instruction from their lawyers, they usually plead that their human rights were abused by police during investigation. As is usually the case, the sitting judge or magistrate will suspend the hearing and will order the accused party to make a formal complaint to the Human Rights Commission which is chaired by a Sworn Judge who will investigate the Human Rights abuse claim. The original trial will normally remain pending and resume only after being notified of the conclusions of the HRC Judge.
      In the case of Michaela’s trial, this wasn’t done the same way, and the human rights abuse claim were left as a fact for juries to consider while deciding about the verdict. This is serious incompetence on the part of the Supreme Court.
      Also, as I’ve mentioned in other comments, communalism is sadly a reality in Mauritius. One has to ask what were the composition of the jury! According to the media, the jury were constituted of X number of males and X number of females. This isn’t enough in deciding about the composition of a jury. Consideration has to be given to Mauritian ethnic/religious demography. Actually, Mauritius is composed of mainly Hindus, about 52%, Muslims 15%, Blacks/African decent 27%, Chinese 3% and whites/European decent 3%. Having a jury composed of only Hindus or majority of Hindus will have a definite positive effect on a pro-defence verdict, while having a jury consisting mainly of Muslims will have brought an adverse verdict for accused. As far as I know, picking out jury in Mauritius is very selective and I wouldn’t be at all surprised if the Jury in Michaela’s case were composed mainly of Hindus if not all, rather than a fair and well balanced mixture of the representation of different ethnicities that exists in Mauritius. I don’t think that the trial was fair. View the motions of both sides, prosecution has proven one of them was a liar and if the jury were fairly composed, the verdict would have never been a unanimous one. Investigative journalists should dig deeper on the above and question Mauritian government reps and the court service.

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    • In this particular case, a retrial is impossible except if new evidence were to be uncovered. I think pressure should be put on authorities to consider an appeal before the Privy Council in the UK before the 21-day deadline expires. This is to make sure whether the two accused are really innocent or guilty because the Mauritius Supreme Court has committed many blunders as well during the trial, where normal court procedures according to the Courts Act were not respected or adopted, like in the human rights abuse claim made in court by one of the defendant.

      The media should uncover the truth about baffled procedures etc…and make it public.

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  • I had no idea this trial was televised. I had to rely on Tommie Gorman’s reporting for info. John McAreavey was in court for all the trial. The defence tried to cast suspicion on him, did they not? MMcG close to his family. He’s looking for a retrial. I wonder how many of you castigating MMcGuinness voted to amend our constitution to accommodate the GFA, or are you all part of the 8% who voted against it.We were told to move on for Queen Elizabeth’s visit. MMcG plays a major role in the Peace Process who is highly respected around the world, and treated accordingly. Taoiseach is a diddering idiot who is also treated accordingly.

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