Sunday, August 19, 2012
All rise! Going to court is a question of character.
I'VE sat in a magistrates' court so many times over the past 30 years; never in the dock, fortunately, but I've heard all sorts of cases, either attending as a journalist or sitting as a Justice of the Peace; from murder remands, the nastiest of assault cases, dangerous dog cases and animal suffering, to common or garden shoplifting.
Some days courts were dull and tedious, rife with adjournment after adjournment, or loads of dull paperwork to sort.
Others were packed with high drama and emotion - I remember well the first time as a magistrate when, as part of a bench of three, we sent someone to prison. I couldn't sleep that night as I thought about what that person must be going through right now, not withstanding what they had done. You're playing God, you are depriving someone of their liberty, having a huge impact on theirs and their family's lives.
It's bizarre how the same characters kept reappearing in the dock like a judicial carousel; you knew who they were, they knew who you were, the advocates on both sides of defence and prosecution had dealt with them before, and the sparring continued.
During sentencing, defendants filled out a means form to calculate any fine. Inevitably, they were not in work, living off benefits to support a family of six and didn't have a bean to their name. As you read through the means form, which was often hidden with half truths about the state of their exchequer, the trick was to ask the defendant for a phone or contact point. Quick as a flash, the brain-ache dork in the dock, tastefully attired in enough bling to grace a pharaoh's tomb and whose life inevitably supported the black economy, would produce the latest expensive mobile to reel off their phone number to the court. Muppet!
So on Friday it was a new experience to be in court as a witness - court three at Swindon Magistrates' Court. This time it was to act as a character witness for a friend.
It was curious how differently you are treated by court officials depending on whether you are there for the prosecution or defence.
When I turned up to the court desk to explain I was a witness in a trial, they assumed I was a witness for the prosecution and deferentially asked how my journey had been, explained that someone would be down in a minute to take me to the witness room, pointed out that the cafe was open should I want a quick cup of tea and that the toilets were in the far corner. When I corrected them that I was a witness for the defence, the tone changed sharply. "Oh, well, you can sit over there, I'm sure someone will be along for you shortly". Thanks!
Actually, the court officials were good. I found myself sitting alone outside court for a large chunk of the day waiting for my turn to be called. Two of the court officials recognised me from my days on the Swindon Advertiser, so we passed the time of day catching up on the latest news about the town, discussing the merits of coach holidays and the history of the House of Parliament, and about people we knew in Swindon.
But it was a long wait, as I quietly read my book on the hard metal seats, frustratingly unable to hear the evidence from inside the court room.
Finally, after lunch, I was called. Last witness of the day before summing up, making the walk to the witness box, past Matt from the Adver who was sitting at the press bench taking shorthand notes, taking the oath and then giving evidence.
I'd seen this done many times before, but it was strange to be there on the spot - speak slowly and clearly, think wisely and address the District Judge at all times. But then you think about how you appear. You feel as if you are standing there awkwardly. Where do you put your hands - behind your back, do you hold both sites of the witness box? You certainly don't lean on sides of the box. Don't sway from side to side either.
My evidence as a character witness was quick - too quick, in fact. Less than five minutes. The defence solicitor wasn't the greatest of leads - he's supposed to serve you up a series of easy half volley questions which you dispatch for six. He didn't push as much as he should have done with his leads, but then I guess he knew what he was doing in the context of the case.
Although I couldn't comment on the case, my character evidence could have been more damning with the right questions, since what I couldn't do was to go on a Stanley Holloway monologue and ramble.
The lady from the Crown Prosecution Service remained seated firmly on her bench right in front of me at the end of my evidence, not even venturing to cross examination - what a shame, now that would have been good and may have offered the openings I wanted. Although in the wider picture, it is doubtful it would have changed the verdict, merely served as mitigation in sentence.
The District Judge looked up from his note-taking, thanked me for my evidence, said it would be given due weight. And that was it. I walked out thinking "was that it?"
My friend was later found guilty, sadly. I can't have made that much of an impact, but within the strict letter of the law, which the District Judge applied, she was guilty. Within the spirit of the law? Well that's a different issue altogether. However, life moves on for her and also for the court.
For the current headteacher at Royal Wootton Bassett Academy, who was sat in the public gallery beside the chairman of governors during the court case, life also moves on. The chairman of governors is also a magistrate, by the way, so he will have understood the evidence very clearly given the context of that evidence.
The next governors' meeting should be a very interesting one after serious questions were raised in court about the headteacher's conduct during the whole incident.
Read the story below, and you'll see how George Croxford hardly comes out of the whole episode smelling of roses. One would expect some sort of action will be taken by the governors, though I'm not holding my breath...and I write that totally "tongue in cheek"!
http://www.swindonadvertiser.co.uk/news/9881311.Former_beauty_queen_spied_on_headteacher_s_email/?ref=mr
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