© Dick Francis, 2008

Our thanks to

Miles Bennett, barrister

Guy Ladenburg, barrister

David Whitehouse QC

March 2008

‘Guilty.’

I watched the foreman of the jury as he gave the verdicts. He was wearing a light-coloured tweed jacket over a blue and white striped shirt. At the start of the trial he had also regularly sported a sober striped tie but perhaps, as time had dragged on, the ultra-casual dress of the other eleven had eventually made him feel uncomfortably formal and his shirt was now open at the neck. Unlike most of them, he was grey haired and upright in his stance. Maybe that was why he had been selected as their foreman. I imagined that he was a retired schoolmaster, well used to taking charge and keeping discipline in a classroom full of unruly youth.

‘Guilty,’ he said again rather nervously, but with a strong deep voice. He kept his eyes firmly on the robed and bewigged judge sitting slightly above him to his left. Not once did he look at the young man in the dock, who also sat slightly above him, but to his right. We were in number 3 court at the Old Bailey, which was one of the older, Victorian-built courtrooms of the Central Criminal Court, designed at a time when the process of the law was intended to be intimidating to the wrongdoer and a deterrent to others. However, for all its formality, the courtroom was small, no larger than a reasonably sized drawing room. The judge, sitting up high behind his long bench, dominated the space and all the other participants, defendant, counsel and jury were so close together that they would have been able to lean forward and touch one another, provided, of course, they had wanted to.

In all, the schoolmasterly foreman repeated the same word eight times before sitting back down with, I sensed, a small sigh of relief that the ordeal was finally over.

The jury had found the young man guilty on all eight counts, four of them for assault occasioning actual bodily harm, three of inflicting grievous bodily harm, and one of attempted murder.

I wasn’t really surprised. I was also certain that the young man was guilty, and I was his defence counsel.

Why, I asked myself, had I wasted my most favourite days of the whole year sitting in the Old Bailey trying to save such an undeserving character from a lengthy stretch in the slammer?

Well, for the money, I supposed. But I would much rather have been at Cheltenham for the racing festival. Especially as, this afternoon, I had been expecting to ride my own twelve-year-old bay gelding in the Foxhunter Chase, also known as the Gold Cup for amateur riders.

British justice has, for the past five hundred years, held that a man is innocent until proven guilty. The courtesies of courtroom etiquette are maintained with the accused being referred to simply as the defendant. He is not required to prove his innocence, rather just to defend himself against allegations, allegations that have to be proven beyond a reasonable doubt. The defendant is addressed using the title Mister, Doctor or Sir, or My Lord, or even Reverend or, dare I say, Right Reverend or Your Grace, as is appropriate. However, once the jury has pronounced his guilt, the defendant instantly becomes ‘the offender’ and loses the right to such niceties. The mood changes from one of polite discovery and laying bare of the pertinent facts, to one of punishment and retribution for misdeeds now proven.

Almost before the foreman settled again in his seat, the prosecution counsel rose to inform the court of the previous convictions of the offender. And previous there were. Four times before he had been convicted of violent offences including two of malicious wounding. On two occasions the young man had been detained for periods in a young-offenders’ institution.

I watched the members of the jury as they absorbed the information. They had spent nearly a week in deliberations before delivering their verdicts. Now some of them were visibly shocked to discover the true character of the smartly dressed twenty-three-year-old young man in the dock who looked as if butter wouldn’t melt in his mouth.

I again wondered what I was doing here. Why, I asked myself for the umpteenth time, had I taken on such a hopeless case? I knew the answer. Because I had been urged to do so by a friend of a friend of the young man’s parents. They had all pleaded with me to take him on, promising that he was innocent and that the charges were the result of mistaken identity. And, of course, because they were paying me handsomely.

However, I had soon discovered that the only thing mistaken in this case was the unshakeable belief of his parents that their little angel couldn’t possibly have done such a nasty thing as to attack a family with a baseball bat. The only motive for the attack was that the father of the family had complained to the police about the young man using the road outside their house as a drag-racing strip each night until two or three in the morning.

The more I had learned about my client the more I had realized my error in accepting the brief. So clear was it to me that he was guilty as charged that I thought the trial would be over nice and quickly and I would be able to go to Cheltenham races with a light heart and a heavy wallet. That the jury had inexplicably taken so long to reach a conclusion of the bleeding obvious was just one of those things.

I had thought about bunking off to the races, claiming sickness, but the judge was a racing man and he had only the previous evening commiserated with me that I would be unable to ride in the Foxhunters. To have feigned sickness and then ridden in the race would likely have put me up before him on contempt charges, and then I could kiss goodbye any aspirations I might have of promotion to QC, a Queen’s Counsel – a silk.

‘There will always be next year,’ the judge had said with an irritating smile.

But one didn’t just enter a horse in the Foxhunters, one had to qualify by winning other races, and this was the first time I had managed to do so in ten years of trying. Next year both horse and rider would be another year older and neither of us was in the first flush of youth. There might never be another chance for us together.

I looked at my watch. The race was due off in half an hour. My horse would still run, of course, but there would be another jockey on board and I hated the thought of it. I had played out the race so often in my head and now someone else would be taking my place. I should be in the Cheltenham changing room right now, pulling on the lightweight racing breeches and the brightly coloured silks, not sat here in pinstripe suit, gown and wig, far from the cheering crowd, in depression rather than anticipation.

‘Mr Mason,’ repeated the judge, bringing me back from my daydreaming. ‘I asked you if the defence wishes to say anything before sentence.’

‘No, Your Honour,’ I said, half standing and then returning to my seat. As far as I could see there were no mitigating circumstances that I wanted to bring to the court’s attention. I couldn’t claim the young man was the product of a deprived or broken background, nor could I try to excuse his behaviour by reference to some past abuse. In fact quite the reverse was true. His parents were loving both of him and of each other, and he had been educated at one of the country’s leading private schools, or at least he had until he was seventeen, when he had been expelled for bullying the younger boys and then threatening the headmaster with a broken bottle while being reprimanded for it.