I began this blog by writing about the cases in which I had played a role either as an articled clerk, then a solicitor and for over twenty-five years as a barrister. Although mostly I worked in the criminal courts -‘defending the indefensible’ I did some cases in the family court and a few cases in the High Court.
I have recently published a number of these anecdotes in a memoir called Trials, Errors, and Misdemeanors. It is available as an e-book and a paperback on Amazon. From tomorrow 7th June to 12th June the e-book is available free.
Just a quick thought as we move into 2019. In the last pages of her book, the Secret Barrister bemoans the lack of interest in the Criminal Justice System in comparison to the NHS or education.
Her book has been a best seller but in The Guardian, on Saturday the list of 100 bestsellers for the year was published and guess what ‘The Secret Barrister’ was nowhere to be seen but ‘This is Going to Hurt; secret diaries of a Junior Doctor’ by Adam Kay was number 2. Says it all really!
I would urge anyone who values freedom to read The Secret Barrister and for a more fictionalised account of how the Criminal Justice System works try either of my novel ‘Crucial Evidence’ or ‘Reluctant Consent.’ on Amazon.
Reluctant Consent my second novel is now available on Kindle. Here is a brief outline.
Barrister Cassie Hardman is being stalked by an unknown male. She doesn’t know why but there is some connection to the defendant Paul Sadler, who faced trial for rape.
Cassie struggles with the unwanted invasion into her life as she works on a murder trial – her most important case to date. Each communication forces her to relive her role in the Sadler trial.
How does a woman like Cassie cope with defending a man accused of rape?
Can she overcome the distress caused by her stalker and defend the accused in her current to the best of her ability?
Can the stalker be identified before she comes to any harm?
I went to see the film last night. I’d read the book when it was first published and did say in a review that I thought Ian McEwan had done a brilliant job of portraying the life of a lawyer – in this case a judge. The film is perhaps even better. Emma Thompson is superb as the judge Fiona Maye. Every advocate knows that moment as one walks into the courtroom – one’s personal life, ones feeling left behind. Emma Thompson gets it just right.
The scenes in court reflect the real world. One could say that the robes aren’t quite right but the behaviour is. A High Court Judge in a tetchy mood is not to be trifled with. It also demonstrates the emotional cost for lawyers dealing with these very difficult cases, not just in the family courts but in the criminal courts as well.
The setting of the film in and around the Royal Courts of Justice and Grays Inn are as I remember them. Elegant buildings, a haven from the rough and tumble of every day London, set around manicured lawns.
Custody disputes are distressing. There are no winners and the children are usually the ones who suffer most. Today courts do their best to ensure that no child is upset by the proceedings and very few attend court, their views being placed before the Judge by a social worker. But, at the start of my career, contested custody cases were heard by the High Court Judge when he came on circuit.
My client, Sarah, was disputing the custody of her two children, a boy of ten and a girl of eight. Since the divorce, they had been living with their father. He worked and they spent a great deal of time with their grandparents, neither of whom enjoyed the best of health. That was the basis for Sarah’s claim for custody of her children.
She was a strange character. A tall blond who always wore dark glasses because, she claimed, of some medical condition. This was her second divorce, although to be fair to her, her first marriage had not lasted very long and there were no children. She had left her first husband for the man who she then married and who was the father of the two children. This marriage had lasted twelve years, but then she had found another man, left her husband and the children. The new relationship was over very quickly and now she wanted her children back. I, rather cynically, thought she was more interested in the maintenance than their welfare.
When the court’s children’s officer spoke to the children they said they wanted to tell the judge they wished to stay with their Dad. I advised Sarah that she should withdraw her application for custody as I believed the Judge would not go against their wishes. The lapse of time – they had been with their father for over a year – was against her as well. She insisted the hearing should go ahead as she thought the children were being pressurised by their father.
The hearing was at Lancaster Assizes. The High Court Judge was on circuit and was sitting in the courtroom inside the Castle. This case would not be heard in that room but in the judge’s chambers. We waited outside the room in a narrow corridor, all of us crushed together. The children had been brought by the social worker. They ignored their mother’s smiles.
The door was opened by a very tall slender young man with lank fair hair dressed in a morning suit. He stood to one side and waved us into the room. He introduced the case in a rather high pitched voice. I had to suppress a smile at the thought that his voice hadn’t broken. The judge was sitting at his desk in the centre of the room. His robes lay over a chair and his wig on the desk. The room was quite large with windows that overlooked the Priory Church and a small square. One of those windows was the size of a door with a small step in front of it.
‘Come and stand here,’ the Judge said to the two children. They inched forward, eyes wide open.
‘Now, do you know what this room is called?’
They shook their heads, their eyes fixed on the Judge.
‘It’s called the Drop Room. And can you guess why it’s called that?’
Again they shook their heads. ‘Oh no.’ I thought. I knew what he was about to say.
‘You see that window there?’
This time they nodded but their eyes were even wider and they stared at the window.
‘You see it’s got a step up?’
Their faces were rigid and they only tipped their heads down.
‘They used to hang people from there. Pushed them out of the window with a rope round their necks.’
The children’s faces were white.
‘Well that’s not going to happen to you. Now, I understand you want to tell me about where you want to live.’
The little boy stuttered, ‘With Dad.’
The Judge looked at the girl. ‘And you?’
She took her brother’s hand and nodded, but couldn’t speak.
Not surprisingly the Judge awarded custody of the two traumatised children to the father.
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Identification issues used to be a frequent problem for the courts. The case of George Davies highlighted how unreliable an eyewitness can be. As an aside a friend of mine was involved with the Free George Davies campaign and was one of those who dug up the cricket pitch at Headingley just before a test […]
The trial was to take place at the Old Bailey and the Crown main’s evidence was that of the Professor. Although he had never seen Enid he wrote a full report on her and the dead children, dismissing the results of the post mortems and concluding she had murdered all three children. The silk leading me wasn’t over impressed but he didn’t think we could object to the report being presented to the court. We also sought the advice of one of the most experienced forensic pathologists in the country. He thought the Professor’s report was probably correct. We had a conference with him to try and see if there was any way of disputing it. One of the features of the case was that all the children were very premature.
‘Is it possible that being born prematurely would make them more susceptible to being the victim of SIDS?’ I said. I asked the question because I had been recently diagnosed with late onset asthma and my GP had asked me if I was premature. When I confirmed I was, she said there was a link between poor lung function and asthma. Also a friend of mine had a young child who was very premature and I knew he still had a number of problems.
‘The children wouldn’t have been discharged from hospital if there had been any risk,’ the pathologists said. The QC nodded his agreement.
It began to look as if there would be no defence to the case. However the psychiatrist’s report from the secure unit described Enid as having an IQ of 65, very low indeed. Additionally she had no sense of reality and confabulated all the time. That meant she told lies and she remembered her lies better than the truth. Their view was that her admissions to the social worker and the police were unreliable. Without the admissions the prosecution case was reliant on the Professor who didn’t examine either the children or Enid and was in conflict with the evidence of the pathologists who had carried out the post mortem.
The prosecution had their own psychiatrists examine Enid and they too came to the conclusion the admissions could not be relied on. The prosecution was dropped and Enid acquitted on all three counts of murder.
That wasn’t the end. When Enid gave birth to her fourth child the baby was taken into care and the subsequent care proceedings in the Family Courts confirmed that decision. The judge found on a balance of probabilities she had killed her children, but of course he was relying on the Professor’s theory which has been discredited.
So did she kill her children? What about the low IQ of both Enid and her husband? In addition the children were all born prematurely; what role did that play? Both Enid and her husband smoked – a known factor in SIDS. Then they were very poor and that too may have meant Enid could not afford the new mattresses, a recommendation to reduce the risk of cot deaths. Enid was probably incapable of raising a small child but a finding of killing your child must be very difficult to recover from.
The death of a child is a tragedy for the parents, but imagine not only has your baby died but you are arrested and interviewed as a murderer. A number of cases which were highly publicised were brought against mothers who were diagnosed as having Munchhausen’s by proxy. The condition was the brainchild of a pediatric Professor working in Leeds. He believed that some women harmed their children in order to get attention and sometimes went so far as to kill them. The child was usually a quite young baby and the cause of death was asphyxiation. These deaths were often given the name of Sudden Infant Death Syndrome or more commonly ‘a cot death.’ The Professor’s theory was that one cot death was a tragedy, two was suspicious, three and it was murder. I was instructed to represent one such woman. I’ll call her Enid.
She had given birth to three children all of whom had died on and around their first birthday. Forensic pathologists had carried out post mortems and found nothing suspicious. Two were said to be ‘cot deaths’ and, one the result of a viral infection. Now she was expecting her fourth child and not surprisingly the local Social Services Department were anxious that this child should not meet the same fate. The practice at the time, and I assume still is, was for joint committees of social workers, police and health professional discussing problem cases. Enid’s was one of those. Someone made the decision to ask Enid to travel to Leeds and see the Professor. She agreed to do so.
Normally she would have been escorted to Leeds by one or two social workers. However, instead it was a social worker and a female police officer. On the train journey north, Enid admitted she had killed the three children. The three women returned to London and Enid was interviewed under caution, where she repeated the admission. She was charged with their murder and remanded to a secure psychiatric unit. When she saw a solicitor she denied murdering the children.
I had a QC leading me in this case and when we saw her at the hospital she again admitted the offences. I returned to Chambers and almost as soon as I arrived Enid was on the telephone saying it wasn’t true and she had not killed her babies. Normally when a client says they have committed the offence the barrister cannot represent them if they plead not guilty, but the circumstances here were unusual because of Enid’s fragile mental health and we decided to press on with her defence.
To be continued.
PS. For one week only Trials and Errors in free on Kindle. It contains some of the stories published on this blog and a few extra ones.
Kings Cross in London in 1993 was a well known as a place to buy or sell drugs. In order to clean up the area the police began an operation known as Operation Welwyn. Undercover officers posed as buyers and when they were offered drugs the person selling was arrested and charged with offences under The Misuse of Drugs Act 1971. They used video cameras in fixed positions and also in vans. Many people were arrested in the course of this operation and it resulted in a number of trials. There is a fine line when undercover officers make such a purchase between encouraging the crime and trapping a defendant, which is illegal, and simply taking advantage of the dealer’s willingness to supply the drugs.
My client, Angela was of mixed race and in her mid-twenties. She was charged with one offence of supplying cocaine in the form of crack. The police officers said they had bought cocaine from her. Angela was filmed meeting the two officers and going to a telephone booth. According to the officers they paid her for drugs and she handed them over when they gave her two twenty pound notes. That transfer of drugs and money was obscured by a large traffic sign pointing the way to Cambridge and The North. There was no question that it was anyone other than the defendant. She was clearly identifiable wearing a denim jacket and her long hair tied up with a brightly coloured ribbon.
Angela was arrested some time later. This was to avoid others being alerted to the ongoing operation. When she was interviewed she denied supplying drugs to the police officer but said she made a telephone call to another person who could have supplied the police woman with cocaine. If that was the truth then she would still have been guilty of the offence but on a different basis, although it raised the issue of entrapment. Legal argument on that point was resolved by the Crown agreeing that the jury could only return a verdict of guilty on the grounds that Angela had sold cocaine to the officers.
When the two police officers gave evidence they said they had spoken to Angela on the street and asked to buy drugs from her. She had suggested the deal took place in the telephone booth and they had followed her but had stood outside while she took the drugs out of her handbag. They had handed her two twenty pound notes in exchange for the crack. The numbers of the notes had been recorded, but none were found in Angela’s possession. The Crown’s explanation was she had spent it between the offence being committed and her arrest.
Although the traffic sign obscured not only the telephone booth but the two officers as well, I could follow their shadows as they crossed the pavement. At no time had they approached the telephone booth, instead, after they had spoken to Angela they had walked towards a pedestrian crossing where they became visible on the film. They were unable to explain their movements when I cross examined them.
The Judge trying the case became so interested that on his way home he drove to Kings Cross to see for himself the location of the traffic sign and the telephone booth. He summed up for an acquittal and Angela was found not guilty.
This story along with others appears in the very slim volume Trials and Errors.
I have just received the proof copy of a slim – anorexic actually – volume of tales from my Life at the Bar. It includes some of my blog posts and some new stories. The front cover shows the colonnades between Inner and Middle Temple built after WW2 when the building on that site, if my recollection is right it was called Fig Court, was destroyed along with Inner Temple Hall by enemy action.
There is also the first chapter of my novel Crucial Evidence.
The book is already available on Amazon without the final proof reading and will be available for your Kindle on 24th October. I hope you enjoy this little book.