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Defense requests the end of preliminary inquiry

12 septembre 2005, 20:00

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The family of the victim must be disappointed. More than four years after the murder of Vanessa Lagesse, defence senior counsel Ivan Collendavalloo has asked that the preliminary inquiry be stopped. The counsel for Bernard Maigrot, the main suspect, has asked the magistrate at Mapou Court to refer the case to the Director of public prosecutions (DPP).

Bernard Maigrot was charged with Vanessa Lagesse’s murder on 14th April 2003 – two years after her death. Her battered body was found on 10th March 2001 in her bathtub in her bungalow in Grand-Bay.

The senior counsel presented two motions: the first one claims that his client would not have a fair trial, as he has already been “tried by the press” before the beginning of the preliminary inquiry ordered by the DPP.

The accusation has objected to the motion, which will be debated on 3rd and 18th October.

<B>Pre-trial publicity</B>

According to Ivan Collendavelloo, there was a “constant campaign against Bernard Maigrot by the police as well as potential witnesses”. Hence, he thinks this caused “an unlawful prejudicial pre-trial publicity with press articles, interviews, letters and comments.” He also stated that the police fed the press with information which he considers to be “biased, twisted and highly prejudicial statements”.

The defence counsel’s second motion claims that an interview given by ASP Prem Radhooa to l’express dimanche of 14th August constitutes a contempt of Court. It could also be prejudicial to the result of the preliminary enquiry in which his client Bernard Maigrot is involved. The accusation did not object to that motion and the DPP will give his ruling on 20th September. He also views with concern the fact that the police took a lot of time to start the preliminary investigation.

Moreover, following another motion made by Ivan Collendavelloo, the magistrate prohibited lawyer Hervé Duval Jr. from entering a “watching brief” to represent the interests of Vanesa Lagesse’s parents and sisters. As Hervé Duval has already been solicited as witness for the accusation, he can’t represent the interests of other witnesses. But the magistrate made it clear that the victim’s relatives can take another lawyer.

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