Archive | May 2016

Life at the Bar – Inquisitive jury

What happens when one of the jury decides to investigate issues in a trial? I was defending a man charged with importing a Class A drug, namely cocaine. The defendant whose name was ‘Gray’ had arrived in the UK from Jamaica via Amsterdam. The car that collected him from Gatwick was followed through the streets of south London by detectives in an unmarked police car. They claimed a package had been thrown from the nearside front window of the car and they had radioed for assistance before stopping the vehicle. The occupants were asked to get out and my client ran off. He didn’t get very far before he was arrested and searched. Nothing incriminating was found on him nor in the vehicle.    Inner London Crown Court

A search began to find the item thrown from the car. There was some difficulty in locating anything that fitted the description of the item. My client disputed he had thrown anything away although he said he might have dropped the packaging of some food out of the passenger window. Not surprisingly the police found plenty of that. After a thorough search of the area, a young police officer found a small parcel on the pavement of a nearby road. The difficulty for the prosecution was that the parcel was not found on the route the car had taken, nor close to where my client had run. In his defence, I relied on a set of plans of the area and cross examined the detectives as to which streets the car had been driven along and which ones my client had run along. No police officer was able to say they had seen anything dropped by the defendant as he ran away.

When the officer who had found the package was called he gave the name of the street in which he had found the package and he identified it on the plans. He relied for his evidence on notes he had made as soon as he returned to the police station, as he was entitled to do.  I got him to mark the map and asked the jury to do the same on their copies. His explanation for the package not being in the road the defendant had run along was that he must have thrown it over the garden walls.

The next day one of the jurors handed a note for the Judge to the usher. He had been to look at the scene and he judged it was impossible to throw anything from one street to the other. The Judge was very annoyed because the only evidence a jury can take into account is that which they have heard in court. He had two options. The first was to abort the trial and start again with a different jury, or allow all the jury the opportunity to look at the location. He chose the latter.  We all had to wait until the afternoon before a coach could be arranged to take the jury and a car to take the Judge. Counsel and the police officer had to make their own way there. My recollection is that I walked and still arrived before the coach. When the young police officer saw the street he had named, his mouth fell open as he realised he had made a terrible mistake. The Judge was furious.

Had the defendant been in possession of the drugs or was it a plant by the police? The jury came to the conclusion they couldn’t be sure of the defendant’s guilt and acquitted him. I’m sure that police officer would never make the same mistake again.

There was another feature of the case that makes it stick in my memory. ‘Gray’ was a professional musician and claimed to have played with Bob Marley.

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Life at the Bar – The Lemsip Rapists 2

At the start of the trial, the QC representing the older man and the QC leading me for the younger one made applications to sever the trial. The Judge was not having that. In some ways it was less of a disadvantage to us than it was for the co-defendant, because if his counter allegation of blackmail succeeded it was unlikely the jury would convict our client. What emerged during the trial was that the young woman had gone home and told her family what had happened, her father and brother had then gone to the Hotel and confronted the two men, threatened them and demanded a very large sum of money, my recollection is something in the region of £25000 with the promise the allegation of rape would not be reported to the police. The family members just happened to all have criminal convictions for armed robberies and a previous for extortion, which lent some credibility to the older man’s story.  Old Bailey

Some payment was made and again the defence for the older man could prove that on the day the family members had visited the Hotel and gone up to the suite, a sum of money was drawn on cash from the elder man’s bank account. He said he told the girl’s family he needed time to raise the rest of the cash.

One of the facts that may have supported that was the delay of a few days before the rape was reported to the police. From the prosecution point of view it meant that there was no forensic medical evidence to support the allegation. For example blood samples did not reveal the presence of any drugs. The interval between the offence and it being reported allowed the defence to argue the delay was to see if they would get the rest of the money they had demanded. Instead of trying to raise the extra sum the elder defendant left the Hotel and was arrested at Heathrow on his way back to the Middle East. My client had no such opportunity to escape and was arrested the next day. During interviews the older man chose not to reply to any questions he was asked by the investigating officers. My client would have done better to do the same, but he chose to answer questions insisting the sexual intercourse was consensual.

The trial lurched from problem to problem, as the evidence was given before the jury. The young woman maintained they had both raped her. Her father and brother both said they had been to see the two men; they said with the intention of a revenge attack but then thought better of it. The elder man’s reluctance to say anything about his unsavoury business didn’t help anyone. The two defence Silks were continually arguing and attacking each other which allowed the female Silk prosecuting to have a field day. The favourite phrase was ‘It’s like trying to fight with one hand tied behind your back.’ Not surprisingly both men were convicted and were sentenced to seven years imprisonment.

Did the court hear the truth and nothing but the truth. I don’t think they did. I believe there was more to this, than any of the parties were prepared to admit. I know what I think, but has anyone else any thoughts on this case.

Life at the Bar – The Lemsip Rapists part 1

Sometimes a case can seem so bizarre that no writer could ever invent such a script. The pair described in the press as the Lemsip rapists were just such characters. The two men were an unlikely pair, one of Middle Eastern extraction, aged about fifty and the other a thirty something Londoner who had made good. The scene of the rape was a top floor suite in a Park Lane Hotel. The suite comprised  two bedrooms, each with its own bathroom, a sitting room and a dining room which was furnished as an office. The elder of the two was an arms dealer who, when he was in London,  lived and worked from this suite of rooms. He wasn’t my client so I was never privy to the ins and outs of his business, just enough to know it was very lucrative. My client was the younger man who was employed to run the office and ensure all the paper work for exporting weapons was in order.

Most of the work involved meetings with clients, discussing their requirements that seemed to range from hand guns to helicopters, arranging the purchase and most importantly ‘end user certificates’. These certificates are meant to limit the sale of armaments to persons or countries of which our government disapproves.  I wasn’t in any doubt that most of the transactions were illegal.     

The young woman who alleged rape was another employee. She was a temporary secretary who was recruited through an employment agency. It was quite a nice job. The pay was good, the hours flexible and lunch, as well as tea and coffee, was available from room service.

On the day in question, she had come into work with a very heavy cold and during the course of the morning the older man prepared a glass of Lemsip for her and told her to go and lie down in one of the bedrooms. Her case was that he had put some drugs into the drink which made her very drowsy and she had passed out, only gaining consciousness  when he was on top of her and having sexual intercourse. Further, she said, when he had finished my client had come into the bedroom and also had intercourse with her against her will. Both men denied the allegations but when interviewed by the police they told very different stories from each other, stories that were mutually incompatible.

The older man said the woman had made the allegation up and she was trying to blackmail him in respect of some of the arms deals he had made. My client said his employer had raped the girl and she had sought solace in his arms and that had resulted in them having intercourse. It was an almost hopeless case to defend, not only was there this conflict between the two defendants but a forensic examination of the hotel suite found traces of a white powder that were crushed sleeping tablets. Both men denied having brought any drugs into the hotel arguing that the rooms had been used be a number of guests in the preceding weeks. They said, and it seemed plausible, the insides of wardrobes and cupboards were not always swept clean.

The trial took place at the Old Bailey.

to be continued

Life at the Bar – Paying the Price

Sitting in a Magistrates Court waiting for your case to come on can be very entertaining. I was doing just that at Bow Street  Magistrates Court when a man was brought before the Stipendiary Magistrate for an offence of indecent behaviour in a Royal Park. The man had picked up a prostitute on Park Lane and they had gone into Hyde Park to complete the transaction. A policeman had caught them ‘in delicto flagrante’ under a tree.

Bow Street Magistrates Court

Bow Street Magistrates Court

‘I allowed them time to straighten their dress which was in some disarray and then arrested them,’ the officer said with the sort of straight face only a police officer in court can muster. The man pleaded guilty and the magistrate imposed a fine warning him that the consequences may be more severe if he was caught again and may result in him having to explain to his wife where he was and why.
The next person in the dock was the prostitute. She had a long list of previous offences for soliciting in a public place, but the Magistrate was reluctant to do anything other than fine her. When he told her how much she would have to pay, she asked for time.
‘Have you no money with you?’ the magistrate asked.
‘No.’
The court officer confirmed she had only a few coins in her possession and a return ticket to Birmingham where she lived. She was one of a number of woman who came to London and solicited on Park Lane near the hotels in order to supplement their benefit.
‘Did you not get paid last night?’ the magistrate said.
‘No, Sir.’
‘Has Mr X gone?’ said the Magistrate to the court officer.
The policeman put his head round the door to the custody area, turned back and said, ‘He’s still here, Sir.’
‘Right bring him back.’
Mr X was led back into the courtroom, somewhat bemused, and stood facing the Magistrate.
‘You didn’t pay her last night,’ the Magistrate said, nodding towards the woman in the dock.
‘No, there wasn’t time.’
‘Well there is now, you’ll pay her fine.’
And with that both were dismissed from the Courtroom.