Hopes of getting justice for Michaela McAreavey took a major blow as the case against a man facing a theft charge in relation to the murder probe was struck out.
Sandip Moneea, 52, was previously acquitted of Mrs McAreavey’s murder in 2012.
But this year he faced a fresh charge with conspiracy to commit larceny in relation to the honeymooner’s hotel room in Mauritius.
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It came after the case was re-examined by police there last year following pressure from Michaela’s family and politicians up here.
Michaela, 27, was strangled in her room at the Legends Hotel on the Indian Ocean island on January 10, 2011.
The teacher, who had married John McAreavey 10 days earlier, was attacked after she returned to her room alone and disturbed a burglary.
No-one has been convicted of murdering the daughter of Gaelic football manager Mickey Harte.
Former hotel worker Moneea, of School Lane, Petit Raffray, had been accused of conspiring with another employee to steal a magnetic key card to the room to commit larceny.
The provisional charge was struck out in court yesterday, his barrister Neelkanth Dulloo said.
The other man charged with conspiracy to commit larceny is former hotel security guard Dassen Narayanen, 37, whose case was adjourned until July 25. Both previously denied any wrongdoing.
Speaking to the Irish Mirror last night, Mr Dulloo explained Mr Moneea is considering bringing his own case against the state. He said the state had claimed that Moneea got access to the room from a stolen access card from Mr Narayanen.
Mr Dulloo said: “What I believe now, Moneea is having recourse against the state for unlawful and arbitrary arrest.
“Mr Moneea had always had a multi- purpose card.
“Why would he need to steal the card when he had a master card in the hotel?
“When Mr Moneea was arrested he told the police, ‘Whatever I have to say I have to said. ‘I have already been subject to trial. I have been acquitted unanimously.’”
Mr Dulloo insists when a fresh case is brought in such circumstances, they need “fresh and compelling” evidence, which he claims they had none in Mr Moneea’s.
He added: “As far as I am concerned, I don’t see if there was a need to come back 10 years later without fresh and compelling evidence. I think this matter is closed. I don’t know what the intention of the police, or the DPP. For me this matter is closed. We are at dead end.
“We have stop. Mr Moneea, he has always been questioning the issue as to why him when there is no evidence. Why him? It was a mess. Police went into a mess of an investigation.
“They are still making inference and acting suspicious without evidence. It is based on wrong inferences.”
Mr Dulloo insists that he has sympathy for Michaela’s family but believes police should go abroad to get help from international investigators.
He added: “Something happened. And the criminal or criminals are still on the loose. Those involved in this murder are on the run.
“We have always said, that, if police officers are unable to resolve the matter, get international help. They should not be afraid of this.”
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