Attempt to blow up petrol station at Grand Anse Mahé |02 February 2022

Suspects plead not guilty

The two men – Jimmy Azemia (suspect number 1) from Glacis and Andrew Estral (suspect number 2) from Maldives – suspected of planning to blow up the petrol station in the district of Grand Anse Mahé, have pleaded not guilty to all charges brought against them.

The three charges laid against them yesterday are conspiracy to commit a terrorist act, punishable under Section 4 b of the Prevention of Terrorism Act (count 1), attempt to commit a terrorist act (count 2) and possession of explosives, punishable under Section 17 of the Explosives Act (count 3).

They denied the charges laid before them by Chief Justice Rony Govinden yesterday morning.

The two were arrested on June 28, 2021, at around 10.20pm in a white Hyundai H1 that was parked at a bus stop near a shop at La Misère. Following a search in the van, a green cotton bag was found and inside were four bottles ‒ two big Coca Cola bottles containing light yellowish liquid, a small Coca Cola bottle containing white powder and a black bottle Caltex Havoline 250ml wrapped in clear cello tape – the contents of which indicated explosive substances.

A backpack with personal items of the second suspect was also seized including their personal phones.

State prosecutor Hemanth Kumar brought in three witnesses in the morning and one witness in the afternoon to be cross examined. The first witness was a female police officer (Corporal Stephanie Agathe) attached to the Police Scientific Support Unit who was instructed on July 19, 2021, to take photographs of the petrol station. The second witness was another police officer (Corporal Alexandro Bethew), also attached to the unit, who also was instructed to take photos of the exhibits, including the van, at the Central Investigation Division (CID), Bois de Rose.

The third witness was a police sergeant (Dave Jeanne) attached to the Financial Crime Investigation Unit and who arrested the two suspects at La Misère and brought them along with the exhibits to be handed over to the investigators at CID. He told the court that he got a call at around 6.30pm to report to State House by the deputy head of Presidential security (Captain Luke Fonseca) with regard to a possible threat against the country to happen that day involving the two suspects and the white van.

He stated that threat was against a take-away food van in the vicinity of Maison Du Peuple, another take-away van located at the Stad Popiler car park and the Grand Anse Mahé petrol station.

The police officer added that after a briefing, he and another colleague were instructed to observe the stadium car park but nothing happened until he was further called at around 8.30pm by the same person (Captain Fonseca) from State House to leave his post and go to Grand Anse to observe the petrol station as the white van had been spotted going in that direction.

He added that when he was up at La Misère and going down to Grand Anse, he was informed on the radio that the van had made a U-turn and was coming back to La Misère.

He said that further down he parked in a siding and waited until the white van, which had another vehicle pursuing from behind, had passed, before following from behind until he overtook the van which had stopped at the bus stop.

He said that he drove further on before making a U-turn to come down to block the van from leaving.

The police officer said that by the time he blocked the van, the team from State House had arrived to take on the two suspects and to start searching the van.

He further said that it was him who arrested the two suspects who had been placed on the steps of the bus stop by members in the security team from State House.

He added that he also informed them of their constitutional rights and participated in the search of the vehicle.

He identified the two suspects in the box and all exhibits, including the photographs of the van that were taken.

Lawyer Joel Camille, representing suspect number 2, said that his client, along with his colleague, were heavily apprehended and they were not informed of their constitutional rights to remain silent, to be represented by a lawyer and also on the reason of the arrest.

Lawyer France Bonte, representing the first suspect, stated that his client was beaten up and that was witnessed by some people from La Misère (to appear as defence witnesses) who were woken up from the noises in regard to the incident and who were further told by the security personnel to go back inside their homes or they will be shot.

The police officer denied that he did not inform the two suspects of their rights, although he said he missed to mention in his police statement the next day, and that he heard nobody threatening anyone that they will be shot.

Appearing as the state witness in the afternoon, the fourth witness (Captain Fonseca) said that he received a WhatSapp call that evening from an intelligence source, who also got the information from another source very close to the two suspects, that a small group opposed to the government had plans to detonate explosive devices.

He added that the intelligence was studied and validated and a team comprising three different groups involving the army and the police was set up under his command to prevent the possible attack to happen in the three aforementioned places by explosive devices, further to an assassination attempt on President Wavel Ramkalawan planned for June 29, 2021.

The captain provided the name of the male person who Whatsapp him the warning to CJ Govinden only, citing security reasons.

He further stated that with the petrol station on the list to be attacked first, he led a team to observe that station and spotted the white van twice coming down the road until the junction at Grand Anse, turned left and come back up again each time slowing down when it reaches the station since they had been stationed in the wood close by at 9.15pm.

He said that on its third trip, the van stopped on its way up and the second suspect (Estral) came out of the vehicle and put on a hooded jacket, he noted, to possibly hide his identity, to view the surroundings. He added that following an alarm, the suspect got into the van and it drove up where his team in a vehicle and another security team in another vehicle followed the van until it was restrained at the bus stop at 10.20pm.

He explained that prior to the van making its third trip down, he had called on the team in Victoria, headed by Police Sergeant (Jeanne), to assist in restraining the van.

He stated that in view of the gravity of the threat, the two suspects were ordered out of the van, handcuffed and put on the pavement before they were arrested by the Police Sergeant (Jeanne).

He further stated that the van was searched and the suspected explosive devices, including the van and other items mentioned, along with the two suspects, were brought down to be handed over to the CID.

Crossed examined by lawyers Bonte and Camille on the use of force, unlawful arrest and infringement of the constitutional rights of their clients, including threatening of civilians, and he, the captain (Fonseca), operating outside of his mandate, the captain denied all allegations.

He stated that the operation was within the law and that was further validated with the presence of the police to enforce the search and make the arrest.

The case will continue to be heard on March 22, 2022.

Patrick Joubert