‘It doesn’t matter,’ I said as a way of finishing the discussion on the matter. He would tell me if he wanted to, or not if that was his choice. My questioning would not sway the matter one way or another. Sir James was like the most unhelpful courtroom witness who has his own agenda about what evidence he will give and the direction of counsel’s questioning will make no difference. Perhaps it takes an obdurate man to break down another of similar character, which was why Sir James Horley was one of the greatest advocates in the land.
‘I was advising the judge in the case,’ he said. So he did want to tell me after all. He was now showing off, I thought ungraciously.
‘Oh,’ I said noncommittally. I, too, could play his little game. I turned away to collect some letters from the pigeonhole behind me marked MR G. MASON. It was one of an array of wooden boxes each about twelve inches square lining one wall of the clerks’ room. There were ten such spaces in each of six horizontal rows, open to the front, with each having a neatly printed label in a brass surround at the top showing the owner’s name. They were not, of course, arranged in alphabetical order, which would have made finding someone else’s box nice and easy; they were arranged in order of seniority, with Sir James’s pigeonhole at the top right nearest the door. Consequently, our clutch of QCs had their boxes at eye-level while the juniors were below, even if the ‘junior’ had been called to the Bar long before the most recent QC and was easily old enough to be his father. Those juniors most recently called and those doing pupillage had almost to prostrate themselves on the floor to see what had been deposited in the deeper recesses of their boxes. I assumed that the whole plan was aimed at ensuring that the juniors did not forget their place. No doubt, if and when I myself made it to the lofty heights of being a QC, I would think that the system was ideal. Becoming a Queen’s Counsel implied real status and was meant to be reserved for only the very best of the profession. Every barrister wanted to be a QC, but only ten per cent or so actually made it.
‘The case hung on the question of intimidation,’ Sir James said to my back, continuing our conversation.
It didn’t surprise me. Julian Trent had intimidated me. I lifted a pile of papers from my box and turned back.
‘The judge in the case and I were at law school together,’ he went on. ‘Known each other for forty years.’ He gazed up as if remembering his lost youth. ‘Anyway,’ he said, looking back down at me, ‘the problem with the new trial was that the prosecution witnesses now either refused to give evidence at all or said something completely opposite to what they had said before. It was clear that they had been intimidated.’
Intimidation in the legal system was rife and a major obstacle to criminal justice. We all had to deal with it on a day-to-day basis.
I stood patiently and waited through a silence as Sir James appeared to decide if he would continue or not. Having decided in the affirmative, he went on. ‘So the judge wanted some advice as to whether the initial statements from witnesses taken by the police at the time of the incident could be read out in court as evidence without the prosecution calling the individuals concerned.’
I knew that Sir James had been a recorder for many years and that meant he sat as a Crown Court judge for up to thirty days per year. It was the first step to becoming a full-time judge and most senior practising QCs were or had been recorders. It was not uncommon for sitting judges to seek advice from them, and vice versa.
‘And what advice did you give him?’ I asked him.
‘Her, actually,’ he said. ‘Dorothy McGee. I advised her that such evidence could be admissible provided the witness was called, even if the witness was now declared as being hostile to the Crown’s case. However, it seemed that all the witnesses in the case had changed their tune, including the victim of the beating and his family, who now claimed that the event didn’t happen in the first place and that the injuries were due to him falling down some stairs. Do they really think we are stupid or something?’ He was getting quite cross. ‘I advised her to press on with the case. I told her that it is essential to justice that such intimidation cannot be seen to succeed and I was sure the jury would agree and convict.’
‘Trent probably intimidated the jury as well,’ I said. I wondered if he had intimidated the three jurors who had come forward at the appeal.
‘We’ll never know,’ he said. ‘This note says the case has collapsed so it probably never went to the jury. I suspect that in the face of no witnesses to the event, except those denying that it ever occurred, the CPS, or maybe it was Dorothy, they just gave up. What an absolute disgrace.’ He suddenly turned on his heel and walked away, back towards his room down the hall. My audience was over.
‘Morning, Mr Mason,’ said the Chief Clerk suddenly, making me jump. He had been sitting impassive and silent at his desk during my exchange with Sir James and I had not noticed him behind the computer monitors.
‘Morning, Arthur,’ I replied, moving to see him more clearly. He was a smallish man but only in stature, not in personality. I presumed he was now in his late fifties or early sixties as he often claimed to have worked in these chambers for more than forty years. He had already been a well-established Chief Clerk when I had first arrived twelve years before and he didn’t seem to have changed one bit in the interim, apart from the appearance of a little grey in a full head of thick black curly hair.
‘Bit late this morning, sir?’ He phrased it as a question but it was meant more as a statement.
I glanced up at the clock on the wall above his head. Half past eleven. I had to agree that it was not a particularly prompt start to the working week.
‘I’ve been busy elsewhere,’ I said to him. Busy in bed, asleep.
‘Are you misleading the court?’ he asked accusingly, but with a smile. Misleading the court was the most heinous of crimes for a barrister.
The Chief Clerk was supposed to work for the members of chambers but somehow no one had ever told Arthur that. He clearly presumed that the reverse was true. If a junior or pupil misdemeanoured in some way, either through their bad behaviour or their poor work, then it was usually the Chief Clerk rather than the Head of Chambers who dealt out the admonishment. Each member of chambers paid a proportion of their fees to provide for the services we enjoyed and to pay for the team of clerks who were our secretariat, our minders and our chaperones. It was rumoured that in some chambers, with many high-earning barristers, the Chief Clerk was earning more than any of the masters he served. Arthur may have been nominally subservient to me but, as a junior who had aspirations of becoming a silk, I would be a fool to cross him.
‘Sorry, Arthur,’ I said, trying to look as apologetic as possible. ‘Any messages for me?’
‘Only those already in your box,’ he said, nodding towards the papers in my hand. Fortunately for me his telephone rang at this point and I scampered for the safety of my desk while he answered it. Why, I mused, did I always feel like a naughty schoolboy when in Arthur’s company. Maybe it was because he instinctively knew when I was not where I should be at any given time, usually because I was on a racecourse somewhere having more fun.
Perhaps my nervousness was the result of a guilty conscience. On more than one occasion during my early years I had been forced to sit and listen to Arthur deliver a warning about my conduct, no doubt passed down from my more senior colleagues. Even though each of us was self-employed, the level of our billing was relevant to the smooth running of chambers and no one would be carried as a passenger if their fees were below par. Fortunately for me, in spite of taking days away to ride in races, my fee base was strong and none of my colleagues could ever accuse me of not pulling my weight, which had been eleven stone three, stripped, at Sandown Park races on the previous Saturday.