Tag Archive | Court Room Drama

Oysters and George

I suppose George Carman was one of the more colourful members of the Bar and  my first meeting with him was a little strange to say the least. I was still an articled clerk and I was sent to GEORGE cARMAN qcBlackpool Quarter Sessions to sit behind him in a case of causing death by dangerous driving. He was a small rather busy man, always dressed in pinstripe trousers with a black jacket and the silk waistcoat worn by QC’s. The client was pleading guilty to the charge and after a rather tedious conference, with him George went off to do some work in the robing room. I was left sitting with the client until, about half an hour before the midday adjournment, I was summoned to see George.

‘Go and find out if there is any chance of our case coming on before lunch,’ he said. I did as I was told and scurried off to find the court usher. My enquiries revealed that we were unlikely to be called before the court rose. I returned with the news to the robing room. When I told George he snorted and said, ‘Damn, well I suppose we’d better make the best of it. Do you know where Robert’s Oyster Shop is on the promenade?’

It was a silly question; everyone living in Blackpool knew where to get oysters. I told him I did.

‘Good. Go and tell Robert I want a dozen oysters and a pint of Guinness and tell him I’ll pop in and pay later.’

I was to meet George on many occasions; there were a few other cases while I was still an articled clerk and then when I was living in London and had become a barrister, we frequented the same drinking holes, but I was never in the same case as him again until much later on in my career.

In early 1981 I was instructed to represent a solicitor who was charged with defrauding the Legal Aid Fund of many thousands of pounds. The case was tried in Manchester and I was being led by the leader of the Northern Circuit Mick Mcguire and George was prosecuting. As George called the various witnesses, court clerks, law society staff we began to undermine the prosecution case, which was based on a number of false premises, one of which was that a bail application would only take ten minutes of court time. That was torpedoed when a bail application was interposed in our trial; the judge said it would only take fifteen minutes at the most. It took over an hour as Mick Mcguire pointed out. George was clearly getting rattled as we scored again and again, until one lunch time we heard him on the telephone to the Director of Public Prosecutions. ‘I can take a few bullet holes below the waterline but a bombshell is too much.’

No oysters for George that day.

My Life at the Bar – First Murder Case

First Murder Case

The cell under the courtrooms at Blackpool was bare, the walls and floor the dull grey of unpainted concrete. There was no furniture. In the corner of the room crouched down, his head touching his knees, and rocking to and fro was the figure of my client, David W. He was dressed in a curious mix of ill-fitting clothes garnered from some unknown source; his own clothes having been taken for examination by forensic scientists. The door of the cell closed with the thud of heavy metal behind me and for a moment the rocking ceased as he looked in my direction. Blackpool

‘I loved her. Why would I kill her?’

‘Do you want to tell me about it?’ I said.

The rocking began again. As I waited I thought about David’s wife, Lynn, a thin anxious woman in her early twenties and known locally as the Mandie Queen, on account of her swallowing Mandrax tablets like they were sweets. Her body had been found three days ago lying naked on their bed in a rundown holiday flat on South Shore. The pathologist said she had died as a result of vagal inhibition when pressure was applied to her neck. That assault had resulted in the hyoid bone in her neck being fractured. Although her blood contained a high level of the drugs, they had not been the cause of death, indeed the level was insufficient to have killed her.

David continued to insist he had not murdered her. He said they had both smoked some cannabis and taken other illegally obtained drugs. Lynn had been totally out of it but was demanding he go out and get some food. He’d left her and gone to a local shop where he had bought some bread, ham and milk. When he returned to the flat she was lying on the bed asleep, but when he tried to rouse her he couldn’t. He felt for her pulse and then realised she wasn’t breathing. There was a stash of drugs in the flat, which he decided to get rid of before calling the police, but then he panicked and decided to run for it.

‘I loved her, why would I kill her?’ he repeated.

I didn’t tell him that I was aware he had been violent towards her in the past. Lynn had been to see me a few weeks previously, asking me to represent her in divorce proceedings. I had immediately told her I couldn’t do so as David was already my client, so I didn’t hear what she was complaining about, but a large bruise under her left eye told me all I needed to know.

I stood on the other side of the cell watching him rocking back and forth. It wasn’t really the image I had of a murderer. In my imagination they were tough, brutish, large men with snarling faces, a fairy tale thug, not this disturbed young man with a pale thin face and long dark curly hair who looked more like Prince Charming than a killer.

David maintained his plea of not guilty and the case was heard at Lancaster Assizes in the same court room where the Pendle witches were tried over four hundred years ago. The only issue in the trial was the cause of death, was she strangled or did she die of an overdose. The pathologist I had instructed took the view that the evidence of strangulation was weak, but when in giving evidence he accused the Home Office pathologist of breaking the hyoid bone in a clumsy dissection, the QC representing David advised him to plead guilty to manslaughter and he agreed to do so. He was sentenced to serve six years in prison, some of which he served at Parkhurst in the Isle of Wight, where his brother was serving a sentence for armed robbery.

A few years later the doctor we had instructed to give evidence about the effects of taking large quantities of Methaqualone, the active ingredient of Mandrax tablets sent me a paper published in a scientific journal which argued that the level of Methaqualone, in the kidneys was a better indication of poisoning than that in the blood stream. The levels in Lynn’s kidney was over the safe limit described in the paper.

The Fatal Step

This  is the working title of my new novel and so far I am about half way through the first draft. Some how the summer has not been conducive to writing – who wants to be stuck in front of a computer when the sun is shining outside. I think too, I am rather daunted by the task I have set myself. I didn’t think about it with Crucial Evidence. I’d started that as part of my dissertation for my MA and I just kept going until  I’d finished. Then I drafted and redrafted without thinking, each time telling myself that this time it would work and when I sent it to agents someone would love. They didn’t and I began to realize that it wasn’t my writing that was the real problem but the type of book I wanted to write. Also talking to agents at places like Winchester Writers’ Conference and at The London Book Fair I knew any publisher would want a series of novels and I didn’t want to be tied to writing a book a year. In the end I decided to publish  the book myself. In the process I’ve learnt at lot about writing and publishing, but that makes the mountain I have to climb much higher and harder than the first.  I know how long it takes and how difficult it can be.Old Bailey

But you have to begin somewhere so this is the first page of my second novel. It follows the career of barrister Cassie Hardman as she gets her first leading brief in a murder case.

As Cassie hurried along the driveway from Snaresbrook Crown Court towards the tube station, she turned on her mobile phone. Amongst the emails from fashion houses, department stores and restaurants, there was a message showing the subject matter as Paul Sadler. He had been the defendant in a rape trial, who she had successfully defended at the Old Bailey the week before last. She didn’t recognise the name of the sender, Malcolm Delaney. Normally she was very careful about opening emails from unknown people but it was from someone who knew about her involvement in the Sadler case. She clicked the message open and read, ‘Miss Hardman, I wanted to congratulate you on your representation of Mr Sadler. Your cross examination was very effective and your closing remarks were obviously persuasive. Clearly they carried the jury along, as you know from the verdict. I would like the opportunity of congratulating you in person, and would like to invite you to have lunch or dinner with me. We can arrange a time and place later. I look forward to hearing from you. Malcolm’

The email gave no clue as to how Malcolm Delaney, knew she had represented Paul Sadler or what Delaney’s connection to the case was. Was he a police officer, a member of the court staff or just a spectator from the public gallery? She knew there were a number who came regularly to watch the proceedings at the Bailey; the staff  described them as ‘groupies’ and she had been told by one of the ushers that some of them would ask which barristers were appearing in which court and make a point of watching their favourites’ cases. The wording of the message was a little old fashioned so perhaps it was one of them. The thought that one of the men from the gallery wanted to invite her to dinner amused her, but nothing more. 

Back in Chambers, the senior clerk, Jack, summoned her into his room and closed the door behind her. On his desk were four lever arch files, tied with pink tape, the front sheet bore the title R v David Winston Montgomery. Jack beamed at her. ‘I’ve managed to get you a leading brief in a murder at the Bailey. I assume you’ll want to apply for silk in a couple of years. This is a good one; you’re ready for it, even though it’s a murder. None of the silks want this. Scared they’ll get tarred with a racist brush, I dare say. A woman won’t of course. Judge Crabtree is in a bit of a panic thinking the defendant might want to represent himself. I said, to Colin in the list office, my Miss Hardman can handle it. Spoke to Tim. Didn’t take long to persuade him you could do it. So there you are a leading brief in a murder.’

Any comments to make about that so important first page.

 

 

 

Old Bailey London

My novel Crucial Evidence is set in the London with which I was very familiar. Until a  few years ago I was often working at the Central Criminal Court, more commonly known as the Bailey to the lawyers who work in there. The original Edwardian building houses the famous Number 1 Court and the hall with its painted ceiling. Next to that, opened in 1970 by the then Lord Mayor of London, is a newer building in which the courtroom 12, where much of my novel  takes place, is situated. My journey to work was by Central Line Tube from Notting Hill Gate to St Paul’s. The map shows where the Old Bailey is on the edge of the City of London.

Map of area around the Central Criminal Court

Map of area around the Central Criminal Court

I would walk along Newgate Street to the Old Bailey which is the name of the street which gives its name to the court. Quite often, when a terrorist trial was taking place the police would hold the traffic and pedestrians back at the junction with Warwick Lane to allow the prison van to sweep into the yard of the court. They would be dressed in bullet proof vests and carrying guns. I thought it was a bit stupid to hold up to twenty people where they would be in the line of fire if anyone tried to free the prisoners. The police may have prevented the escape but they risked a number of dead bystanders.

Junction of Newgate Street and Warwick Lane

Junction of Newgate Street and Warwick Lane

 

I wanted to see if the area had changed since I had last been there and if, when I described the places my main character, barrister Cassie Hardman would see on her journeys around the area, they were the same as I remembered them.  In the novel Cassie stands in the Bailey looking out onto a wet street scene. She describes the cobbles of Seacoal Lane glistening in the rain. If you look at the map, the lane has vanished into the middle of an office block.  In another scene she looks sees the spire of St Brides Church – the journalist’s place of worship –  now a new building under construction will hide it from view, if it has not already done so.

St Bride's Spire

St Bride’s Spire

Artists Impression of a new office block on Old Bailey

Artists Impression of a new office block on Old Bailey

I will have to do some editing when I come to the part in may next novel, whose working title is The Fatal Step  where Cassie is looking out of the windows of the Bailey. At the moment as she gazes across the city the spire of St Brides in sparkling sunlight, but it will not be visible so instead she’ll have to look at the glass of the building opposite. But at least it was worth while going to London and walking around to see these changes for myself and, of course see how or when I can work them into my story. I’ll continue my walk along Fleet Street another time, but there have been changes there as well. Creating that sense of place in a novel really does rely on knowing the streets scenes you are writing and there is nothing like walking around with  a camera and capturing it to take back to your desk.