Free Unravel a Crime - Tangle With Women by Neil Wild Page A

returned to his
office, he found Lisa sitting waiting for him. "So how did it go?"
    "Funny, someone asked me
that a few minutes ago. Well, everything about this case is…….. well it's the
dodgiest set up ever.” He shrugged his shoulders in resignation. “I must be the
only one not personally involved. Have you anything you need to tell me?"
He was half joking; half serious, but was a little surprised when Lisa simply
gave a half shrug and a smile.
    He sat down at his desk; she
sat opposite him and he explained to her what he had learned that morning, and
ended with, "What a man; two families. How did he do it?"
    He looked across to Lisa
expecting a reaction, but received nothing but the same smile.
    "Anyway he is insistent
that we try and get the case thrown out before it gets to trial before a jury.
Although I'm not at all happy about it, it seems as though making a submission
before the magistrates may be our only option. "
    "What do you mean ?"
    "Well, as you know,
certain cases, such as this one can only be tried by the Crown Court. In the
old days, and for centuries it had always been the rule that you can only send
a case before a jury if the local magistrates think that there is a case to
send. One of the reasons was that for centuries the accused person could not
give evidence in their own defence at trial; which is why the prosecution had,
and still have, to prove their case beyond all reasonable doubt. Before the
1960's, all the witnesses were called before the magistrates and had to give
evidence, so that the magistrates really did have to consider whether or not
there was a prima facie case to send to trial. “
    “ That must have been along
winded process?”
    “ It was and so the procedures
were changed, so that firstly, witnesses did not have to give evidence; their
statements could be read out; then the procedure was changed again so that the
statements did not have to be read out at all unless the defence requested it,
and finally if there was no challenge to the evidence, the magistrates could
rubber stamp the committal for trial. "
    "A bit of a farce
really."
    "Yes, but the right to
run the case before the magistrates to see if they will throw it out still
stands, and this is what we're going to have to do I think in this case."
    "Will you be successful.
"
    "I doubt it, not in front
of magistrates. "
    "Why, what's wrong with
them?"
    "Middle aged, middle
class, middle minded, and conservative. Always take the safe option. If PC Plod
says 'I got him bang to rights, your worships,' then as PC Plod wears a uniform
he must be right, even if he is lying his teeth out. "
    Lisa sat back in surprise.
"Oooh, you must have had a bad experience."
    "No, just general
experience," said Brakespeare with a sigh. "Ask any lawyer who has
defended before magistrates; it's always an uphill battle. Although the law
says you are innocent until proven guilty, you really have to prove your
innocence before magistrates - only don't quote me. I'm not sure of the
statistics, but most people who appear before magistrates and plead 'Not
Guilty', are convicted. "
    "I don't believe you.
"
    "Look let me tell you a
story. I was in a country magistrates court, not far from here, and my client
had been charged with speeding, which he denied. The Police said that they had
followed him at a steady 45 miles per hour in a 30 miles per hour zone, or
something. His defence was that they hadn't followed at a constant speed but
had in fact caught up behind him, and so were travelling faster. It was a
classic case of Police versus the Man in the Street. The Magistrates took two
and a half hours, yes, two and a half hours deliberation on their verdict. Now
if it takes that long then they must have some doubt and ought to acquit.
"
    "On the basis that they
have to be satisfied beyond all reasonable doubt in order to convict?"
    "Quite, but instead of
acquitting, the Chairman comes out and says to my client, 'Mr. X, we're not
sure what to do on