‘What effect did this have upon the child?’ prompted Hall, looking sideways at the other lawyers, none of whom were smiling any longer.
‘She was extremely distressed,’ said Johnson.
‘And Ms Parkes.’
‘She was also extremely upset. Her concern was for the child: Emily did not understand what was happening. She thought she was going to be hurt.’
‘Were you nervous, Mr Johnson?’
‘Very much so. There were several occasions when I feared there was going to be a serious accident.’
None of the press lawyers questioned either the policeman or the solicitor when invited.
By the time he reached the end of his application Jarvis’s intrusion had virtually stopped. Hall concluded by insisting Annabelle Parkes would be called as a material defence witness at the trial of Jennifer Lomax, finally finishing, ‘I ask your lordship to find there is a very real risk that justice will not be served if this behaviour is allowed to continue. I therefore seek the protection of your lordship on all the points set out before you in my application, which I repeat in the most humble manner I have not brought lightly nor wantonly.’
There were a total of eighteen newspaper, television and radio lawyers, each of whom addressed the judge separately but with very little variation. Those representing the organizations identified by the money offer letters and by the cards thrust upon Jeremy Hall set the tone. The behaviour described was reprehensible and apologies for any excess were sincerely made for each episode. Each lawyer individually undertook on behalf of his organization to guarantee that neither the Hampshire house, the kindergarten nor the hospital would be subjected to any further press interest or intrusion.
‘I submit, however, that it is unnecessary legally to extend the precincts of any future court to include these named premises,’ said the white-haired lawyer who’d first accosted Hall in the hospital grounds. ‘It is my contention that the press of this country are more than capable of policing themselves. I would further ask your lordship to find that there was no risk of justice being interfered with, by the letters that have been produced, but which, incidently, Ms Parkes has not been called formally to swear to as having received. While questionable, such approaches are not uncommon in cases attracting great public interest. The newspaper I represent has made no such approach, nor will it. Once more, I contend the press is capable of establishing its own standards.’
There was a parade of agreement from lawyers that followed and those who hadn’t initially given personal undertakings on behalf of their media outlets all asked to be heard again, to do so. Jarvis allowed them, never once interrupting.
For several moments Jarvis looked between Hall and the lawyers ranged against him. Jarvis did so with his fingers on the very edge of the table, almost as if he was hanging on to prevent himself disappearing beneath it. Then he said, ‘I think the problems of this application, which I accept, Mr Hall, is quite properly brought, have been sufficiently aired. I am minded to accept the assurances of the learned counsel that such behaviour will not be repeated. And I am reluctant to extend on behalf of a judge not yet appointed the precincts of a court not yet convened: I am not aware, in fact, of a precedent. Would you, Mr Hall, be prepared to accept the verbal undertakings offered before me today, upon my making it clear that I would regard any transgression most unfavourably?’
Hall rose, slowly, wondering as he did so just how much he was endangering the career about which Perry was so constantly warning him. ‘Before answering your question, my lord, I would seek to address you on a matter of legal precedent.’
It took him a total of fifteen minutes to list the ten most recent and most highly publicized cases in which trial judges had publicly condemned financial offers to witnesses, in advance of their giving evidence at prominent trials. He did so individually, each time having the clerk carry the identified case record to Jarvis, who risked being even further submerged behind the growing wall of case books.
‘With the greatest respect, my lord, I would be reluctant to accept undertakings not supported by the strength of a legal finding by yourself. What I have complained of today is not the overenthusiasm or momentary lack of judgement that it has been presented to you as being…’ He was conscious of Jarvis’s face hardening into an affronted mask and of the total silence of every lawyer in the room at what each would consider upstart impudence. ‘… As you will see from the stated cases I have produced before you, every time complaints such as mine are made the argument is advanced that the press should be allowed to put its own house in order, to maintain its own standards and integrity. Which lasts only until the next time, when the same excuse is put forward, to yet another excess. There is a need for a precedent, a benchmark, and it needs to be established by someone of your lordship’s stature and pre-eminence…’
‘You’ve failed to cover an important point,’ stopped the determined judge yet again. ‘You have assured me Ms Parkes is to be an essential witness. Yet you’ve failed to bring her before me to satisfy me she was the recipient of these letters. Why?’
‘If it is your lordship’s wish then of course I shall make arrangements to have Ms Parkes brought here. She is, at the moment, at the hospital bedside of Emily Lomax…’
Jarvis leapt in at the hesitation, as Hall had prayed he would and which was why he’d paused. ‘Hospital bedside?’
‘I regret to inform your lordship that Emily Lomax was made so unwell by the events of the day that doctors at St Thomas’s felt it necessary to put her under observation. I am, however, pleased to inform your lordship the problem is not serious: I expect the child to be released later today. But she is extremely dependent upon Ms Parkes: wishes the girl to be with her at all times. It is for that reason I did not insist upon her being here. But as I say, if it is your lordship’s wish-’
‘No, not at all,’ broke in the judge. ‘I’ll take the evidence of the inspector and Mr Johnson as sufficiently supporting…’
‘… As I was saying,’ came back Hall, hurriedly. ‘I am particularly grateful it is before you, my lord, that I make this application today
…’ The mask had begun to soften, he thought. ‘… If my newness to the Bar makes me precocious, then I ask your lordship’s forgiveness and indulgence. I am so solely in the best interests not only of a client in need of defence but also of a four-year-old child who today had no-one to defend her and upon whose behalf I have made this submission to you.’
There was an ice-like chill in the room. Jarvis coughed, a bird-like sound. There is a complexion upon this episode that makes it an important one, with profound legal implications. I was unaware, until this moment, of the effect upon this tiny child and I am obliged to Mr Hall for bringing it to my attention. I am persuaded, therefore, by the eloquence of the presentation, to grant the application, although to limit the precinct extensions to the Hampshire home of Mrs Lomax and the child’s kindergarten but not the hospital in which Mrs Lomax is currently undergoing treatment…’ He looked directly at the press lawyers. ‘In doing so, I would advise each of you to bring to the notice of your clients and your employers what has been said and ruled here today. Until the appointment of a trial judge, the precinct order is mine and I will deal most harshly with any transgression.’
As they left the room Perry said, ‘Jesus, you took a risk talking of the child’s collapse like that.’
‘It wasn’t a lie,’ insisted Hall.
‘It wasn’t the truth, either.’
‘As much of the truth as any of the others were offering.’
‘Where the hell did you get all those stated cases of press complaints?’
‘You weren’t the only one working late last night. I was in the chamber library until midnight, preparing for any press complaint hearing. Came in handy, didn’t it?’