Fight for Justice (3 of 5)

Confronted with the Swiss investigators' discovery, Belshaw admitted to forging his wife's dental records. His explanation, however, raised more questions than it answered. Convinced they had uncovered only a fraction of the truth, the Swiss investigators closed in, determined to stay on the suspects’ heels. Belshaw was arrested after making what would prove to be a fatal miscalculation: Traveling to Paris for a conference, where French police were waiting. Backed by some of France's most formidable defence lawyers, he fought a determined legal battle to avoid being sent to Switzerland. The outcome hung in the balance. In the end, however, the courts ruled against him.

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Narrator: 00:17

This is Fight for Justice. Episode three of the Bellshaw case. When Roland Badinter, the French lawyer tasked with preventing Cyril's expedition to Switzerland, visited Belshaw in his cell, he assured him that he would do everything possible to prevent the transfer. Baden interviewed the legal procedures in the Swiss countdown of Vaux as oppressive and questionable. He firmly believed that the expedition request, in its current form, was insufficient.

Narrator: 00:56

The Swiss, he argued, needed to provide additional evidence to the French authorities, evidence he was convinced they simply did not have. In his view, the Swiss couldn't even prove that Betty's death was the result of murder. If they couldn't establish that, how could they possibly accuse his client of such a crime? At this stage, the only incriminating evidence the Swiss had was Cyril's falsification of the dental records, which alone Badinterm maintained would not be enough to justify extradition. At this point in the proceedings, Cyril still had the option to voluntarily present himself to the Swiss authorities.

Narrator: 01:47

In fact, his Canadian lawyer, Henry McLoughlin, advised him to do just that. Bolstered by Badinter's confidence, Cyril remained reluctant, convinced that the Swiss had already decided on his guilt. He was also deeply resentful of the way he had been treated and interrogated by Wies and Fishling in Canada. Ultimately, Cyril chose to oppose extradition, publicly declaring his complete lack of trust in the Swiss legal system, particularly that of the Canton Of Woe. This statement did not sit well with Swiss authorities, who saw it as a further proof of his guilt and an attempt to evade justice.

Narrator: 02:35

The press and public alike echoed this sentiment, arguing that if Cyril were truly innocent, he would have cooperated with the investigation, especially since it concerned his wife's death. The first two hearings regarding the extradition took place on 12/12/1979, and January 1980. Drawing on his vast experience, Badinter presented a compelling argument against extradition. He explained that the treaty between France and Switzerland required the requesting party to provide direct and clear evidence of both a crime and the suspect's guilt, something he insisted the Swiss had failed to do. It is important to note that the French court was not tasked with determining whether Belshaw was guilty or even involved in the case.

Narrator: 03:41

Their role was solely to assess whether the Swiss extradition request met the necessary legal requirements. The key issue before the Court of Appeal and its three judges was whether Betty's death had occurred in Switzerland or France. If they concluded it happened in France, then Swiss jurisdiction would not apply. By the end of the second hearing, unresolved questions remained, prompting the court to request additional evidence from the Swiss who were given two weeks to comply. This development offered Bellshaw and his legal team renewed hope and confidence.

Narrator: 04:25

The Swiss met the deadline, submitting the requested evidence. However, Belshaw later claimed they had merely reverted to previous submissions as they had nothing new to offer. The final decision was scheduled on the third hearing on 01/30/1980. Confident of victory, Badinter did not attend in person. Instead, he sent two of his assistants, along with a plane ticket to Vancouver in Cyril Belshaw's name.

Narrator: 05:01

Simultaneously, the Canadian consulate had reached an agreement with the RCMP in Montreal that upon Belsho's return to Canada, he would not be arrested. The verdict from the Court of Appeal was swift and unequivocal. Extradition granted. The court approved the Swiss request and on the same day the French Minister of Justice signed the deportation order. Cyril was taken to the border and handed over to Swiss authorities.

Narrator: 05:38

Baden Tolley later described this loss as one of the most crushing defeats of his career. Whether or not this was true, one thing was certain. It was a devastating day for Cyril Belshaw. He had chosen to fight, but in the end he lost. From the border Cyril was transported to Bois Mermeil Prison on the northern outskirts of Lausanne.

Narrator: 06:05

On February 2 he met with the public prosecutor, Monsieur Chattler, who explained his rights and informed him that he would remain in detention until the investigation was complete. Only then would the formal charge be brought against him, if at all. At the same time Inspector Weiss, who had led the investigation up to that point, was replaced by Nicolas Margaux, a more senior and experienced investigator. Born to a Swiss father and an English mother, Margaux spent his early years in Bath and London before his family moved back to Switzerland when he was nine. He was known for being meticulous, methodical, and above all exceptionally patienta quality he may have honed during his six month training with the Metropolitan Police in London in 1976.

Narrator: 07:07

Fluent in English, Margot now took over the interviews with Bellshaw, conducting them with professionalism, fairness, and precision. Without the arrogance or bias that had been attributed to his predecessors, Wies and Fishlein. The interviews were held in the center of Lausanne, the capital of the Canton Of Vaux. Nestled along the shores of Lake Geneva, Lausanne is a city of around 150 inhabitants and is home to both the International Olympic Committee headquarters and the Olympic Museum. Away from the lakeside, its medieval old town is known for its hilly shop lined streets and the twelfth century Gothic cathedral.

Narrator: 07:58

In the days and months that followed, Cyril received weekly visits from the Swiss defense attorney, Maitre Baschim. His first course of action was to submit a request for bail, proposing a sum of 50,000 Swiss francs or 28,000 US dollars to the Tribune d'Accusation, the body responsible for reviewing and confirming Belshaw's continued preventive detention on a monthly basis. The man responsible for ruling on the bail request was Willy Haim, the Attorney General of the Canton Of Weaux. As the head of the prosecution, he oversaw the entire legal process through its three stages: presumed, vindicted, and accused. After carefully reviewing the case, Chaim denied bail, primarily out of the concern that Belshaw, who had been uncooperative, had obstructed the investigation and had fought against extradition, might attempt to flee Switzerland before facing trial.

Narrator: 09:11

With that decision, Bellshaw resigned himself to a lengthy stay in prison. However, always one to adapt and to take control of his circumstances, he settled in quickly. He swiftly made friends, engaged in long discussions with fellow inmates, and earned the respect and admiration of those around him. Before long he had taken on the role of prison librarian and interpreter, spending his time writing long letters to friends and family back in Canada. And true to his background as an anthropology professor, he later described his experience in prison as deeply fascinating.

Narrator: 10:02

Meanwhile across the Atlantic, Ilida Harris, Cyril's former lover, was learning about his predicament. Not from a letter, but from the pages of the Vancouver newspapers. Realizing that the press would soon be on her doorstep, she decided to take matters into her own hands. She approached a representative of the RCMP explaining her concerns about protecting her family's privacy. The officer, impressed by her honesty, sympathized with her position.

Narrator: 10:38

However, he also warned her that if Belshaw were to go to trial, her involvement would inevitably come to light. But until then, he assured her that he would do everything within his power to keep her out of the spotlight. A few days later, to her great surprise, Inspector Nicholas Margaux arrived at her door. He had traveled to Vancouver, accompanied by Inspector Wies, to continue the investigation and to conduct further interviews with Bellshaw's friends and relatives. In his pocket, he even carried Belshaw's signed permission to search his residence.

Narrator: 11:24

Unlike the previous Swiss investigators, Margot's approach was entirely different. Not only was there no language barrier, but his refined manner, professionalism, and deeper understanding of the case allowed him to quickly form a more complete and reliable picture of Cyrille and Betty Belshaw's life. Harris, who Margot regarded as a likable, honest, and reliable individual, openly confirmed the nature of her affair with Cyril. She also provided a detailed account of their travels through Switzerland and France in the summer of nineteen seventy nine, while Betty was still at work at UBC. After making additional stops in Montreal and Toronto to interview more friends and relatives, Wies and Margaux returned to Lausanne on the April 28.

Narrator: 12:23

By that time, Bellshaw's defense team had been granted full access to the prosecution's dossier, giving them for the first time a comprehensive view of the evidence assembled against their client. However, this did not yet include the findings from Weiss and Margot's recent trip to Vancouver, as those new elements still had to be reviewed and formally assessed by the prosecution before being added. Meanwhile, Margot's investigations continued. In Crum, Montana, he interviewed several individuals, including an elderly caretaker of the Bellevue Apartments, which was situated, as we know, next to the Jolie Lac. This man, the only person present during the week leading up to the Belshaw's departure, made an interesting observation.

Narrator: 13:22

He claimed that the shutters on Belshaw's apartment remained closed for at least an entire week. If this account were accurate, it could have supported the prosecution's assumed sequence of events. However, the caretaker's testimony became questionable when he stated that on the night in question there was no noticeable build up of snow between the two buildings. Yet according to weather records from that period, heavy snowfall had occurred. Margot determined that the man's recollection was unreliable, as he might have confused the week in question with the following one when Cyril was in Paris.

Narrator: 14:08

Margaux also met with Madame Wist, the real estate manager who arranged the Jolilac flat for Cyril. She had previously told Wies and Reichen that she had seen Cyril in the company of another woman. However, when Margot showed her a photograph of Eliza Harris, Madame Weier was unable to confirm it was her. In addition, a cleaning lady, employed by Madame Weier, who was tasked with cleaning the apartments after the residents had left, claimed she noticed bloodstains on the bedsheets. However, she later admitted that the stains might have been found in a different unit, casting again doubt on her testimony and weakening the credibility of the claim.

Narrator: 15:06

Margo also traveled to Beaune and Paris to carry out his own on-site investigations. At both hotels he confirmed that breakfast for two had been ordered, and in Bone even a dinner for two. Yet when he showed the staff a photograph of Betty, no one could remember having seen her. The same was true at the Nouveau Tel in Paris. In fairness, when Eric Stuttman, acting for the defence, later presented a photograph of Cyril to the hotel staff in Boden and Paris, not a single person recognized him either, despite the fact that it was beyond doubt that Cyril himself had stayed at both establishments.

Narrator: 15:56

This raised the paramount question: Did Cyril, alone or with Betty, actually check-in at the motel in Bone, or did he but stage the dinner and breakfast? Margot's investigation led him to the following conclusion: Betty's murder was not premeditated but the result of a dispute that spiraled out of control. The trip to Paris was not planned and never part of a murder plot. More likely, Cyril, once faced with Betty's lifeless body, saw the scheduled trip as a perfect opportunity, both to dispose of the body and to establish a perfect alibi. In reality, Betty had never left Switzerland.

Narrator: 16:45

Betty was never in Beaune or Paris. Before we consider three possible scenarios of what could have happened in January 1979, it is important to review some key facts that directly influenced Belshaw's trip and the disposal of the body in the layby. A. Sunrise and sunset According to the Swiss Meteorological Institute, sunset on the 01/13/1979 was at 05:10PM, meaning darkness setting in around 6PM. B.

Narrator: 17:38

Weather and road conditions. Both were extremely challenging during the day and night in question. Snowfall made road travel difficult and dangerous. Given these conditions, the roads along the route to Paris were severely impacted. Driving must have been extremely tiring and hazardous with poor visibility and icy surfaces both on and off the motorway.

Narrator: 18:08

C. Driving time. Driving non stop from Cromontana to Bourne, with the motorway system not yet fully developed in 1979, would have taken approximately six and a half hours under normal road conditions. Add to that the coffee break, roadworks, filling up the tank, crossing the border, and at least an hour due to the difficult road conditions, and the journey would have taken approximately eight hours. Now let us assume that Betty died before their departure on Saturday morning, say Thursday or Friday at the latest, and that Cyril, not necessarily having murdered her, wanted to conceal her body.

Narrator: 19:03

Cyril would have been stuck with his dead wife in the apartment because his car was still in the garage for repairs. This gave him time enough to come up with a plan, to wrap her in garbage bags and to pro form a pack her suitcase, passport, and whatever she would have taken along to the trip to Paris. Finally he picked up the citron in the afternoon and parked it by the chalet. Now he had the means to transport the body. He could have carried it to the citrus in the evening or, more likely, during the night before their scheduled departure on Saturday morning.

Narrator: 19:41

According to Cyrille's testimony, here is what happened next. The departure was late in the morning, say ten or eleven, which leads, based on the established driving time of eight hours, to an arrival time in Bowen around six or seven P. M. There Cyril and Betty went for a stroll in the Asteries theme park, subsequently had dinner before spending the night at the motel and before continuing their journey to Paris the next morning, arriving in Paris in the afternoon. This is the official version according to Cyril, but oddly enough it is not corroborated by anyone or anything.

Narrator: 20:26

Not a single eyewitness, be it a waiter, petrol station attendant, or hotel concierge, had noticed them. And even more strangely, not a single credit card receipt from a restaurant was available. What could be secured later was the entry at the hotel in Paris, which did not read Mr. And Mrs. Bellshaw or Mr.

Narrator: 20:50

And Mrs. Cyril and Betty Bellshaw, but somewhat strangely Mr. Cyril Bellshaw and Betty, as if a name had been added after a brief moment of consideration. Here, then, is an alternative scenario. Cyril departed in the morning with Betty's body in the boot of the car.

Narrator: 21:15

After about an hour's drive he would have reached Aesle in the Rhone Valley. But now instead of continuing towards Bone, he turned right towards the cul de moss, leading to the sepi layby. He would have reached the layby in broad daylight and disposed of Betty's body before doubling back to Aeschimann and resuming his drive to Bowness. If executed swiftly, this entire detour, including the disposal, would have taken little more than one hour, meaning he could still have arrived in Born in time for leisurely stroll and dinner before checking into the motel and continuing to Paris the following day. But something contradicts this scenario.

Narrator: 22:03

It is with great certainty that the body was disposed of under the cover of darkness, apart from being seen the culprit, as did the road worker three months later, would have noticed the body being held up against the tree and would have done anything to rectify that. And hardly did he wait until nightfall lingering for hours, increasing the risk of being seen, especially given how distinctive his car was before depositing the body. This brings us to a second scenario. What if Cyril left Cromontana not in the morning but later, say between four and five p. M?

Narrator: 22:51

He then could have arrived and discharged the body at the lay by after dark. But still having to drive to Beaune, he would have reached the motel around midnight. Hardly a time for a casual walk in the local theme park, and not to be noticed or remembered by anyone of the motel staff. So this seems very unlikely as well. Which brings us to the third scenario, one that addresses the inconsistencies of the previous two versions.

Narrator: 23:23

As we have heard, Cyril Citroen Maserati was returned from the workshop on Friday, January 12. Assuming that Betty was already dead, then perhaps Cyril did not only place her body in the car that night, but also drove it to the lay by, disposed of it, and here is the difference, returned to Cromontana. All within the same night, all within complete darkness and without time pressure, the round trip would have been completed in two hours. Having cleaned up the apartment and packed her suitcase and personal belongings, he then departed for Paris the next morning exactly as he testified, but with one crucial difference. Without his wife Betty.

Narrator: 24:15

Betty who started to slowly decompose by the layby. Although this scenario was, at least to my knowledge, never openly considered by anyone, it does make sense. But now let us put the possible travel scenarios to the side for the time being and return to 1980. Cyril had been in the Lausanne prison of Bois Mermaid since November seventy nine, anxiously awaiting his fate. Then in June, two important things happened.

Narrator: 24:53

Firstly, Meier Felix Bachou was joined by Eric Studman, a much more experienced lawyer in criminal law. He should play a significant role in the defense of Cyril Belshaw. Studemann, now in his early nineties, is still living in Lausanne and was readily available for an interview. Here is his account on how and why he joined the defense team.

Voice Over: 25:29

Paschoud didn't practice criminal law at all. He was a different kind of lawyer and chosen because he was the Canadian embassy's official lawyer and spoke English. At the time, there were people who spoke English, but it wasn't as common as it is today. So he was put on the case and left for Paris when Belshaw was arrested. He saw him at Fleury Meierochisse Prison.

Voice Over: 25:52

He was a kind man, but he was also somewhat naive when it came to crime. So he asked Belshaw, did you kill your wife? Belshaw said no, and Pashu believed that he was innocent. Pashu took charge of the case from the beginning, but at a certain point, he realized that he was uncomfortable with it. So his associates, particularly his partner, I think, told him to ask for my assistance.

Voice Over: 26:38

I was working in criminal law at the time, and I was much younger. So I went to his office, and he said to me, this man is innocent. I said, listen. I'd like to see the case file first. When I looked at it, I saw that the case was bad, very bad.

Voice Over: 26:56

The tampering with the dental chart was catastrophic for the defense. So I said to him, okay. I'll take the case, but not with the kind of conviction of innocence that you want to proclaim. The client may be innocent, but it's far from obvious. We can, however, argue for reasonable doubt.

Voice Over: 27:16

Nothing more. To this he replied, if Belshaw agrees, I agree. So I went up to the prison and explained to Bellshaw that his case was difficult, which he was well aware of. And he, not even reluctantly, agreed to a defense where we would work on the notion of doubt. From then on, Peschow wasn't very keen on the case anymore and said, I'll take care of introducing the man at the trial, and you take care of the rest.

Voice Over: 27:53

This suited me because it was the more interesting part. That's how it all started.

Narrator: 27:59

Also in June, the prosecution, to further substantiate their case, called for an on-site visit at Lessepi and Cromontana. Thus on June 20 two cars left Lausanne in the direction of the Rhone Valley. In the first car Willie Heimann and Roland Shutler for the prosecution, together with the defense attorney, Paschou. In the second car Cyril Bellshaw, in the presence of the three police officers Fishlin, Wies, and Margot. It was a calm autumn morning with little traffic as they first arrived at Les Episley Bay, overlooking the steep incline where Betty was found.

Narrator: 28:52

While Paschoud and a handcuffed Cyril took in the fresh air, Margot and Chaim carefully inspected the scene again, all the while keeping a close watch on Cyril for any unusual reaction. But nothing of that sort happened. As always, he remained composed and in control. Arriving in Cromontana around noon, the party, meanwhile joined by Reichen, the policeman from the Canton De Valle, headed for lunch. Cereal instead was brought to a cell at the Cromontana police station.

Narrator: 29:31

And after lunch they picked him up and went to the Jolilac Apartments. First they closely examined the Jolilac and Bellevue Apartments' overall layout. To the front, an open view of the lake. To the back a road running parallel to the lake slightly above the buildings. The driveway and parking area for both buildings were in front of the Bellevue Chalet.

Narrator: 30:04

Once inside the Jolie Lock apartment, the group examined the entrances, exits, and most importantly, a ground level window facing the Bellevue Apartments. This window offered a more discreet escape route, allowing someone to reach the parking area relatively unnoticed, unlike using the lift or staircase and front door. The primary objective of the visit was to conduct a reenactment to determine whether Cyril could have realistically transported the body to his car. To simulate this, a police officer of similar build to Cyril carried a woman matching Betty's height and weight from the department to the lift. One flight up he continued through the lobby to the front door and then the six or seven meters along the road to the front of the Bellevue where the Citroen Maserati had been parked.

Narrator: 31:04

While the officer managed to complete the task, he struggled significantly. The team took it into consideration that now it was summer and thus the conditions were different. This was especially important when they considered the alternate routes through the ground window and garden. There were no deep snowdrifts blocking the path between the Jolie Lac and the Bellevue, as there had been at the time of the actual event, had he chosen that route. The prosecution understood that these differences meant the results had to be interpreted with caution.

Narrator: 31:43

Still, both scenarios appeared possible. Throughout the two hour visit, Cyril was continuously questioned. At one time he got into an argument with Haim's insinuations that he almost lost his countenance and Bashu had to intervene, telling him to shut up. In the end, the Reconstruction was inconclusive. And when the sun set, they were back in Lausanne.

Narrator: 32:14

By the autumn of nineteen seventy nine, Margot had gathered everything there was to know about the case and about Cyril Bellshaw. He had spent countless hours interviewing him, probing for inconsistencies, for moments of hesitation, for anything that might betray the truth. He had met with Bellshaw friends and relatives, listened to their recollections, their defenses, and their doubts. He had read his books, studied his letters, examined the way he expressed himself in writing, searching for clues between the lines. He had spoken to his affair, Elijah Harris, and to his students, some who spoke of him with admiration, others who did not hide their resentment.

Narrator: 33:07

Every element was there, every piece necessary to construct a complete and nuanced portrait of the man. And yet something remained elusive. There was an absence, a gap in the understanding that Margot could not quite define. In all his years of dealing with suspects, this was a feeling he had never encountered before. It unsettled him, a vague but persistent sense that something crucial was slipping through his grasp.

Narrator: 33:43

He struggled to articulate it, to pinpoint what exactly made him uneasy. It was not just the case itself, not just the facts laid out before him. It was something about Bellshaw, about the way he carried himself, about the way he responded. In Ellen Gottfried's excellent book about the Belschaw Murder, Margot described his experience as follows. These are his words, but not his voice.

Voice Over: 34:14

Never before have I met a person that was capable of what Belschaw did. He had not once revealed his real self to me. I have only seen the mask. A man who cannot bear to be in error, who doesn't like to be contradicted, and who must always be right. He withstood every probe.

Voice Over: 34:33

He always kept to himself, cold, dignified, and utterly private.

Narrator: 34:39

And so on 10/09/1980, the prosecution court, after reviewing the Bellshaw dossier, handed down its ruling. Bellshaw was no longer indicted but accused and would be tried for the falsification of documents and the murder of his wife, Betty. A week later the dossier reached Jean Pierre Guignard, president of the Aeschimann Criminal Tribunal, who from then on took charge of the case and its proceedings. The trial was set for 12/03/1980, a date that carried an unsettling significance. It fell on Cyril's birthday.

Narrator: 35:25

Just a stroke of fate or a dark omen. The answer and more will be revealed in the next episodes. This was episode three, fight for justice of the Belshaw murder case. Stay tuned for trial and verdict, the fourth episode of this mysterious and riveted criminal case as part of the Swiss Murder Mysteries podcast. Researched, written, and hosted by me, Rudolph Isler.

Narrator: 36:05

Available on Apple Podcasts or any platform of your preference. Please check out the show notes and visit our website at swissmurdermysteries.com to get familiar with the geographical details and the region and for additional information including maps and photographs as well as details on how to support the fully independent creator of this podcast.