Authors: Barrie Turner
Bridget “That’s not true. I did see her wearing that watch three weeks before she died and she did tell me that she’d bought it herself.”
Irene then surprised everyone in the court by announcing that she had no further questions but this was just a trick she was playing in an attempt to unsettle or unnerve the witness. Bridget was just about to step down feeling mightily relieved, when the lawyer suddenly turned and said, “I’m sorry Miss Riley but there is something I forgot to ask you. Did you happen to notice the maker’s name of the watch?”
Caught unawares and with her guard completely down, Bridget stood there not knowing what to say and whether to answer or not until Lord Chief Justice Ewing intervened saying to her, “You may answer Miss Riley.”
The question had caught her completely off guard as she falteringly replied, “Yes, I …I …I’m almost sure it was a Rolex.”
Irene knew before she had begun to cross examine this witness that she was lying but she knew that she had no way of proving it unless she could totally discredit her testimony and she reconciled herself to ending her cross examination by correcting her before allowing her to stand down. Just like a conductor leading the orchestra into a finale, she concluded,
“No Miss Riley, you are totally mistaken. It was not a Rolex, it was, in fact a Ramond Viell so I say to you once again, you never saw Angela Clarkson wearing that watch before because the probability is that she only received it on the day she died and, in all probability, it was given to her as a present from a grateful client.”
Bridget stood in the box glaring at the counsel for the defence. Then she repeated defiantly, “I am telling you the truth. I did see Angela wearing that watch before she died. I did and that’s the truth.”
Instead of letting the witness stand down as she had originally indicated, Irene now judged it to be the appropriate time to vary her attack by adopting a different tactic as she enquired almost nonchalantly, “When did you first get fined for soliciting and where did the offence take place?”
For a moment there was no answer. Irene repeated the question.
With utmost reluctance, Bridget replied, “Birmingham 1983.”
This was the opening Irene had worked so hard for and she seized the opportunity immediately.
“Miss Riley, Earlier, you told this court that you had known the deceased woman for 5 years but, if you were convicted in Birmingham in 1983, then it’s highly unlikely that you knew Angela Clarkson in Liverpool or anywhere else five years ago.”
Before she could finish the question, Sir Gordon was on his feet shouting “Objection, Your Honour, I object most strongly to this line of questioning. It’s quite clear to all of us that Miss Yarwood is not only badgering the witness but this line of questioning is totally irrelevant and I demand that it should be stricken from the record.”
Before giving his decision, Lord Chief Justice Ewing used his gavel to good effect. Then, after looking long and hard at Sir Gordon he fixed his gaze on Irene and invited her to explain the relevance of her question and where her cross-examination might be leading.
After thanking his Lordship, Irene kept her eyes firmly upon him as she answered, “Your Honour, before my learned colleague interrupted proceedings, I was simply trying to show to this court that the testimony of this witness is a complete tissue of lies. If the court will bear with me for one moment I think I will be able to show this provided that I am allowed to continue without any more interruptions.”
Noting her remarks, Judge Ewing gave his permission for the defence to continue and Irene repeated the question;
“Miss Riley, earlier you told this court that you had known Angela Clarkson for five years but, if you were convicted in Birmingham in 1983, then it’s highly unlikely that you knew Angela Clarkson in Liverpool or anywhere else five years ago because she was arrested in Manchester for drug offences for which she received a custodial sentence. In fact, she was not released until 1984. Furthermore, in 1984 she was again arrested in Manchester and charged with soliciting. Taking all this into account, your testimony amounts to little more than a tissue of lies.”
Lord Chief Justice Ewing, looked down from his seat on high above the court. He cleared his throat loudly before pointing at, and rebuking the witness very angrily, “Young lady, I must warn you that the penalties for perjury are very severe. You have been called here today to tell the truth and, if I suspect that you have been lying to this Court I will have no hesitation in ensuring that such charges are brought against you and, if you are found guilty on such charges, you will receive a lengthy custodial sentence. Do I make myself clear?”
Bridget teetered on the brink. She realised this was going horribly wrong. She could hardly speak out now and admit she was lying because the judge had just told her that if she did, she would probably go to prison. Therefore she knew she would have to try to brazen it out. Facing the judge, she said, “Your Honour, I might have made a mistake about the length of time I knew Angela but I am telling the truth about the watch.”
Feeling triumphant that she might have cast a little shadow of doubt in the minds of the jurors, Irene Yarwood happily conceded she had no further questions to ask at this time, although she reserved the right to recall the witness to the stand at a later time.
Bridget left the witness box with a distinct cloud hanging over her evidence and she knew it. Inwardly she cursed Detective Sergeant West because it was all his fault and, to make matters worse, she couldn’t forget how he’d told her she wouldn’t have to testify. One day, she vowed, she would have her revenge on the evil, lying bastard. As she took her seat at the rear of the court, the usher was already calling in the next witness intoning, in the same monotonous voice, “Call Royston Chambers.”
The call was repeated down the corridor and all eyes swung to the door as Royston Chambers entered and took his place in the witness box.
Meanwhile, Irene Yarwood was hurriedly scribbling a note to Michael Mulrooney, the defence team’s solicitor, asking him to subpoena any bank account details Angela Clarkson might have possessed before she died. As a result of her own cross examination of Bridget Riley it had occurred to her that if Angela Clarkson had purchased the watch then there should surely be some evidence to show that she had that amount of money in her bank account and that she had withdrawn it or, alternatively, she had paid for it by credit card or cheque. She was desperately hoping that if she could find some evidence that the murdered woman had not bought the watch as testified then she could recall this little lying prostitute and crucify her for trying to stitch up her client with false evidence. As an afterthought, she also requested him to contact the agents once again in order to ascertain whether any of the watches had been sold on Merseyside during the crucial time in question. One thing she was quite sure of, whether he was guilty or not, Harry Thompson was going to get as much as she could give in connection with her defence of him.
With Royston Chambers in the witness box, Sir Gordon did not waste time dwelling on the circumstance in which the witness found himself, besides which, he was beginning to develop a distinct respect for his adversary on the opposite side and he was determined to ensure he didn’t give her anything she could sink her teeth into. He hadn’t expected an easy ride in this case and he had to grudgingly admit that Irene Yarwood was putting up a spirited performance at the moment even though her opportunities were severely limited. With almost undue haste, he elicited the facts that Royston Chambers was an old lag, currently residing in one of Her Majesty’s safe houses of correction and penal servitude whilst he was on remand awaiting his own trial for a serious charge of armed robbery.
Irene Yarwood listened with avid interest as the Crown Prosecutor rushed through this preamble and, before the barrister could fire his first question, she was on her feet shouting and protesting with utmost vigour, “Objection. Your Honour, I must strongly object to the testimony of this man being heard. This man is a convicted felon of many years standing and he is currently on remand on other charges. My client strongly denies ever making any of the statements this man will claim he made whilst both of them were being held on remand. My client explicitly denies that he has ever made any confession, or that he has admitted any guilt relating to the charges he faces. In view of this My Lord, I must ask you to rule that the evidence we are about to hear is inadmissible. Without stopping to draw breath and ignoring the expression on the face of the judge, she continued, “It is also my contention, Your Honour, that this witness has been offered some form of deal or a reduction on his sentence as an inducement to present himself here before you with this confession,
allegedly,
freely given to him by my client. Apart from anything else, how can the jury be expected to rely upon the word of a convicted thief and robber, who now stands before you in order to give this testimony which, I might add, is absolutely and, completely uncorroborated.”
Somewhat exasperated, Lord Chief Justice Ewing sat back in his chair. Raising his hands in the air he enquired sarcastically, “Will that be all Miss Yarwood? Have you quite finished?”
She nodded in reply adding, “Yes, Your Honour,” whilst hoping she hadn’t overstepped the mark. If she had it was too late besides which she had a client to defend. It was of no use to him if the prosecution had got in first with the confession and she reasoned that at least the jurors were well aware of what was coming next. There was no hiding that no matter what Sir Gordon Nuttall-Jones did now.
Judge Ewing motioned both counsel to the bench, and, through clenched teeth, he whispered, “I am going to call a short recess and I want to see both of you in my chambers immediately. Clearly, they both could see he was not amused and he banged down his gavel as hard as he could to announce the delay. As the gavel crashed down the Chief Usher, who had seemed to be all but asleep, leapt to his feet crying, “All rise,” and the Judge left the court with a look of thunder upon his face.
The two QCs stood in the Judge’s chambers. Lord Chief Justice Ewing rounded upon the defence attorney first, “Miss Yarwood, “Whenever you are in my court, you will kindly refrain from telling me how to conduct proceedings. Regarding your extraordinary outburst in court a few moments ago, am I to understand that you have absolutely no proof that the police have done any kind of a deal with this witness and, if that is so, why on earth did you say it?”
Knowing she was in trouble, Irene relied on a completely honest answer in order to escape the wrath of the judge that she felt certain would descend upon her. “Well, Your Honour, I didn’t see that I had much choice. My client maintains the confession is a complete fabrication and there must have been some form of collusion with the police, leading to the witness being offered inducements of some form, otherwise why invent the confession?”
“Well, Miss Yarwood, that is hardly good enough. I can see, and I understand, the dilemma you were in but I have to ask you why the word of your client should be more acceptable than that of the witness? I’m sure, when I ask Sir Gordon whether or not your allegation is true, he will undoubtedly say otherwise and he will also confirm that this man has never volunteered similar evidence on other occasions, neither has he ever been accused of perjury in the past. Isn’t that true Sir Gordon?”
Sir Gordon leapt at this heaven-sent opportunity, agreeing vociferously with Judge Ewing and thankful it was his opponent who was bearing the brunt of the Judge’s scathing criticism.
“Well, there you are, Miss Yarwood. Now you see my dilemma, I can’t refuse to let Chambers give his evidence because, as far as we know, it is factual. Sir Gordon has told us so. In which case I will allow the evidence to be presented and heard.”
Sir Gordon was all ready to leave the Judge’s chambers but the judge had not finished. Addressing his remarks to him he said, “Now Sir Gordon before we resume, perhaps you can enlighten us by letting us know what steps you have taken to ensure that this confession has not been elicited by any promises from the police or have you and your team simply accepted it as it is, on face value so to speak?”
Sir Gordon was another person who knew the value of the truth in circumstances such as these so he replied truthfully, “Well, er, yes, Your Honour, this was something which just dropped in our laps a short while ago. Obviously it is not something we were involved in and we knew nothing about it until the police advised us that the defendant had confessed to Chambers.” Taken by surprise by the Judge’s question and, in an effort to recover, he added rather hesitantly, “of course, we will rigorously examine the witness on this point and we expect our learned colleague here to do much the same.”
Judge Ewing murmured, “Commendable, most commendable, Sir Gordon but I have to say that I’m going to warn you and, if you have any doubt as to the validity of this confession, you should withdraw the witness. Alternatively, if I have any doubts during his evidence or cross examination, you may rest assured I shall have no hesitation in asking for the evidence to be struck out and for the jury to ignore it. Do I make myself clear?”
“Very clear,” said the much subdued prosecuting counsel.
They both left the judge’s inner sanctum and made their way in silence to the courtroom. The judge did not keep them waiting and the case was taken up from where it had been left.
Mindful of the judge’s comments, Sir Gordon began, “When you were on remand which cell were you in and where was this cell in relation to that occupied by the accused?”
Chambers “Initially I was held on remand at Warrington but, as it was too difficult for my wife to get there to visit me, I asked if I could be transferred to Walton, Liverpool. I was transferred about four months ago. When I first transferred I was in H wing then, after a couple of days, I was moved to A block where I occupied a cell next to the prisoner.”
Sir Gordon “How did you get to know the prisoner?”