Yet the lawyer merely states he must comply with any and all requests made by the police, the police can do what they want with him for 48 hours, and he is not even allowed to go to the toilet if they don't want him to.
The Procureur takes the position that he is in fact the top detective in Swiss. Within hours of the discovery of the body of Oscar De Llano, the Procureur already has a prime suspect under arrest and held incommunicado.
The police seem to ignore the finding of the Médecin Légiste that Oscar de Llano ''est probablement décédé le 28 avril 2015 entre 02:00 et 07:00.''
I am of course writing this long after Philip has been released and found not guilty but as the information was flowing from Swiss to Australia I had a feeling that Philip came very close to being executed in one form or another, before he could lodge an appeal. When the news that Inspector Fontannaz had spent 3 hours trying to get Philip's partner to change her original statement that Philip had been at his residence at the time that Oscar died, I confess I found it difficult to accept the police version of the facts.
Philip said to himself, that this was brutal treatment.
It could only mean that the police ''forcing'' investigation has not produced the expected result that is to say his pleading guilty of the murder of Oscar.
Philip makes a quick inventory of his situation :
First he knows that he did not kill Oscar.
Second he knows he has good alibis, he was at home on Monday evening with his compagne, that early on Tuesday he was minding the baby and the post office delivered a parcel addressed to him at 14h33 and that he signed for it.
Third he knows that his lawyer will find means of disproving the enquiries of the police which will probably be defective.
Fourth Oscar was in bad health and his health records are in Zurich and another one locally.
Fifth, he knows how to obtain Oscar's last message which was on the mobile phone and that the police tried to destroy.
Therefore Philip has to continue saying ''No''. Of course the police torture will continue.
After the departure of the Procureur, inspector Fontannaz follows on and asks Philip if he pleads guilty to the murder of Oscar, to which Philip replied ''No.''
The inspector replies, '' Good, then it is the immediate incarceration.''
The police seem to ignore the finding of the Médecin Légiste who has quickly established the date of death of Oscar on the 28 april 2015 between 02:00 and 07:00.
And the médecin legiste has most likely informed the police. In that period of time Philip was at home in Martigny, 9 kilometers away from the house in Fully. It is only on the 22 May 2015 that the Procureur informs Philip's lawyer that Doctor Bettina Schrag, Head of Legal Medecine, declares that Oscar probably died between 02h00 and 07H00 on 28 April 2015.
Inspector Fontannaz disappear for a moment then comes back and attacks.
He insists that Philip is lying, insist that Philip is guilty of the murder of Oscar.
Philip answer ''No.''
The polices in uniform come back on the attack. They insist that Philip is lying, insist that Philip is guilty of the murder of Oscar.
They ask ''are you ready to plead guilty?''
Philip answer ''No.''
The polices and the inspector repeat the same questions continually as part of the ''forcing''.
They held Philip there until about midnight. There was a clock in the room, therefore Philip took mental note of the hours.
Then inspector Fontannaz decided to take Philip to the local police station.
Philip had refused some requests of the police, namely a photo of him naked and a DNA sample at his residence. Apparently Philip could do that but once at the police station he is not allowed to refuse.
The uniforms police and Fontannaz refuse him again the toilet ''until he cooperated'' that is to say to plead guilty.
The polices hold on to their idea that Phil has drugs in his anus.
When Philip arrived at the police station, inspector Fontannaz conducts him to a room where there is another person who said that he was an inspector of police. He did not give his name.
Why hide his identity?
A guilty conscience?
Philip does not need his name. All the polices are suspects.
This new inspector does not surprise Philip because he declares that he will write down Philip's statements and that if Philip refuses to sign the documents, he would be submitted to the torture called ''waterboarding'' (he used the English word) until Philip agreed to sign all the documents.
The police made sure there was no witness to this statement because the police does not want this statement to show up in the official records of proceedings. The police however wants Philip to be concerned about this threat.
Philip requests an interpreter.
The inspector dismiss Philip's request for an interpreter.
The inspector replied that the questions are very simple.
Notice that the inspector does not reply to Philip, the inspector merely state that the questions are simple.
Clear evidence that most police are aware of the fact not to allow interpreter or own lawyer to Philip in spite of regulations.
Before some madmen like this, Philip says to himself, I sign anything and will make objections later. He has no intention in his present state to risk the torture called ''waterboarding'' because of his asthma. Also that Philip does not plead guilty to the murder of Oscar Llano.
Toward 02h30 the polices introduce a man as Philip's lawyer.
Philip answers that the man is not his lawyer.
The man answers that he is the duty lawyer.
A lawyer hired and paid by the police.
Philip asks to see his business card.
The man replies that he doesn't have a business card and said to Philip that he doesn't have need of an interpreter because he, the lawyer, is here.
Philip asks the man if he speaks English.
The man said ''No.''
Philip is allowed to confer with his "lawyer" in private. Yet the lawyer merely states he must comply with any and all requests made by the police, the police can do what they want with him for 48 hours, and he is not even allowed to go to the toilet if they don't want him to.
Philip is showing signs of fatigue. Two people enter the room, a plainclothes policeman who took photographs at the house, and a woman .
Philip is asked to remove his clothes as the Procureur wants a photo of him naked.
Once at the police station, Philip is informed that he has to comply.
As the reader can see the plan of the Procureur is being applied, making a file ready to charge Philip as soon as Philip pleads guilty.
Philip removes his clothes.
The detective says that he needs a close up photo of Philip's genitals.
The police man becomes aggressive when Philip says no.
The police in uniform calls out in a loud voice ''So you are resisting! You are refusing!''
The standard question to prove that the accused refuses a police request. The police are trying to trap Philip refusing a police request.
This causes the other people in the room to stop and look up.
Philip says loudly, ''Yes, I refuse because you are a bunch of perverts!''
The police attempt to get Philip to deny a police request fails.
The policeman puts away his camera. The police will try again later.
But the police ''forcing'' moves on.
Philip is forced to give a DNA. The young woman in plain clothes takes six samples around Philip's penis.
Philip is thinking that the police brought out a woman to intimidate and humiliate him. Philip is not surprised, he puts it down to ''forcing'' in progress.
The young woman is probably medical staff.
The new inspector gets his questionnaires and begins his questions.
The man completes many questionnaires.
Finally he puts the documents before Philip with a pen.
Phil asks ''All this does not contain a statement that I am pleading guilty of killing Oscar Llano?''
The new inspector says no. The statement you are referring to can only be made in front of a judge.
Philip takes the first document and signs.
Philip move to the following document.
Philip says that he does not understand anything of all this gibberish. Philip is tired by the forcing, he has not slept, he signs.
Finally all the questionnaires are signed.
The new inspector takes all the documents and disappears with inspector Fontannaz and the duty lawyer.
It is now early on the 29 April 2015. Philip is tired after all the torture he has been subjected to.
Philip fails to notice a document which read ''Form relating to rights and obligations of the accused.'' written in English, which he has signed.
Philip has made a mistake there.
One item reads: ''You can at any moment, turn to a defending counsel of your choice.''
Another items reads: ''You have the right to ask for assistance by a translator or interpreter.''
Right from the beginning Philip has asked precisely for these two items and they have been refused by the Procureur himself.
The honesty of the police is nonexistent. The polices are liars.
It is now about 05h00 and the polices in uniform tell Philip to get dressed as they are going to take him to the jail.