Published Thursday, 07 June 2012
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The prosecution claims she was murdered by Legends employees Sandip Moneea and Avinash Treebhoowoon when she returned to the room to fetch some biscuits and found them stealing.
The widower had previously told the court how Michaela had insisted on returning to their room to get a biscuit on the day of the murder, as he had gone the night before.
But defence counsel challenged his evidence, saying there was no key card entry to match this account.
On Thursday Mr McAreavey's lawyer read a statement saying that it had actually happened on 8 January 2011, two days before the murder and not on 9 January.
"That's the reason it was not borne out in the room readings," explained Mr McAreavey's lawyer Dick Ng Sui Wa.
Defence are saying they're going to object to it. Presumably they want John in the witness box to question him about it.
UTV's Alison Fleming
During evidence from a Legends security chief on Thursday, timings from key card entries to room 1025 on 8 January showed that someone went into the room at 10.30 and again at 11.12.
The judge said the prosecution would need to make an official motional to have the statement included for John to amend his evidence.
Both defence lawyers said they would object, and a lawyer for Treebhoowoon, Sanjeev Teeluckdharry, insisted that Mr Ng Sui Wa was in court with a watching brief for a witness and so could not admit evidence.
Mr Ng Sui Wa said it was not evidence, just a statement.
Judge Mr Justice Prithviraj Fecknah agreed and pointed out that if he wanted the information to be included as formal evidence, then the prosecution would need to make an official motion to court.
Chief prosecutor Mehdi Manrakhan said he would consider the statement before deciding whether to proceed with a motion.
Defence lawyers for the accused later told the judge they would be objecting to any such course of action.
Mr McAreavey, 27, was in the courtroom to listen to the proceedings from the public gallery on Thursday, along with father Brendan, sister Claire and brother-in-law Mark Harte.