by Neil Wild
"Do you think so? I'm only expressing an opinion. Lisa, David is desperate to get these charges dropped. Indeed, everyone seems to be desperate to get these charges dropped! Unless we write like this, how are we going to get them to pay any attention to this letter?"
"Well, you could be a little less abrasive."
"But that's not me. Don't you see that we have to take the Crown Prosecution Service head on and make it sit up. They are the Crown, Prosecution, Service.”
He pronounced the words slowly and deliberately, looking straight at Lisa as he did so.
“The Crown, the State, the Government, whatever you want to call it, is not going to take the slightest bit of notice of a solicitors letter when they've obviously invested so much money in the case, if it is of the 'would you mind awfully' variety. Anyway it’s easy to see why Newberry has been selected for prosecution – the involvement in Clearfield."
“But that seems fairly tenuous, just the reference to “A.N. Other”, and the note to keep his name quiet.
“Yes, you’re right. “On second thoughts, perhaps we ought to forget about that, and just attack the discrepancies in Black’s valuations. After all it’s for them to prove his guilt, not us his innocence.”
"You're the boss. "
"Yes, but these are your bullets I'm firing. What else can I do with this ammunition?
We mentioned Mr. John Black, and have to suggest that his report is totally unsatisfactory to the point of negligence. A year ago Mr Black through his firm of Redshaw Linden and Steele was requested to carry out a valuation of the property portfolio of Clearfield Limited Subsequently Mr. Black was requested to carry out a retrospective valuation of the same properties - the time of the National Building Society valuations.
If Mr. Black is to be believed, it means that within 2 years, the portfolio had increased in value on average by 11%. This is at a time, when, according to Mr. Black, the market was depressed! “
"Do you want an exclamation mark?"
"Yes, please."
"You may or may not be aware that the National Bank itself publishes house price figures, and the figures between the dates of Mr. Black’s valuations make interesting reading. You can no doubt obtain the original information from the bank, but overall property prices fell 20.6% in Inner London and 13.6% in outer London in that time.
The point that we seek to make is that in rough figures, in a period where according to the National Bank the relevant property prices have been falling; according to Mr. Black, who valued them on their behalf, they have been rising.
All this begs the question therefore as to whether or not it is in fact Mr. Black who has been negligent and in the circumstances we must invite you to examine whether or not there is even a prima facie case against our client. "
Lisa sat back in her chair, and, folding her hands in her lap and looking at her computer screen, said, "But why would Black do what he has done. He must have known that property prices were falling, why have them increase. "
Brakespeare was equally contemplative, and it was a good few seconds before he answered.
"I’m not sure unless there’s something that we don’t know. He obviously knew why he was being asked to do retrospective valuations, because he talks of negligence. Perhaps like any professional expert witness, he felt that he needed to prove what he was being asking to prove."
"Really?" Lisa turned round in her chair and her eyebrows shot up in surprise.
"Really. In any case where the evidence is really a battle between experts, they are each going to say what they are expected to say for their fees. In this case it is that Newberry’s valuations were wrong."
"That's sad."
"It's a fact of life, and I suppose the way you ask an expert a question. "
"What do you mean?"
"Well, if on the one hand Black is asked, 'were the 1989 valuations correct?' he could answer a simple yes or no and claim his fee with impunity. On the other hand if he is asked, 'do you consider the 1989 valuations to be fraudulent', then he will realise that fraud is suspected, and that what is being asked of him, is to show that there was fraud. I can only assume that Black was asked to prove that the valuations were criminally wrong."
"Wow, that means that he himself was dishonest."
"Well, I wouldn't go as far as saying that, but I'd like to know precisely what his instructions were. "
"Is there any way we can find out."
"It could be something that’s already hidden among all this evidence. Maybe it's something that we'll have to work on, but I just hope for David's sake that we have enough here to make the prosecution sit up and take notice . "
"Is that it, then?" asked Lisa.
They both looked at their watches. "Heavens, it's nearly five o'clock." said Brakespeare.
"Look do you want to leave this for tonight?" Lisa looked at him. "Could we, I do need to leave on time."
Before Brakespeare had time to answer, there was a knock at the door, and Mortimer came into the room looking quizzical.
"Ah, here you both are. Am I interrupting something?"
"No, we're just finishing."
"What are you doing?"
Brakespeare explained the results shown in the spreadsheets, and indicated the letter on the computer screen.
"Lisa has to go, and so we'll finish it of tomorrow. "
"But this is incredible, it's a breakthrough. David did only 21% of the whole of the number of valuations and 11% of them by value?? Can't you finish the letter off now? How much longer will it take?" Mortimer seemed excited.
"Not much longer."
"Lisa," said Mortimer, "can't you make a phone call. We'll pay for any overtime." Brakespeare was almost sure that a look passed between them, but decided that there was nothing in it.
"OK, I’ll use the phone in your office, if I may?" Mortimer nodded.
"Be back in two ticks." She flashed a smile at Brakespeare as she left the room.
"Jonny, I can't tell you how relieved I am, especially in the light of what you said at lunch time." said Mortimer.
"Well don't thank me, thank Lisa, she's a bright girl, as you said. Probably just not good at examinations. She had the idea of using a computer spread sheet to sort all the information out. I wouldn't have had a clue on how to use one. "
“ She'll go far. She's certainly a help on this case. "
"Then make good use of her, but ..... " There was a pause.
"But what?" asked Brakespeare.
"As you said, she'll go far, and she's a very determined girl. Just remember, she's just a paralegal, and this is your case. Don't let her take dictate what happens. "
Brakespeare looked puzzled. "But how could she? Being bright is one thing; having the experience to use her brightness is another. "
Mortimer shrugged his shoulders. "That's life Jonny. I suggest that you don't tell Lisa what I have said. She might feel embarrassed, and it might spoil your working relationship. "
As if on cue, Lisa walked in.
"That's OK Mr. Mortimer, for a couple of hours. "
"Right, I'll sort things out with you later, Lisa."
She gaqve an understanding nod to him
"Well, carry on Jonny. Perhaps you'll let me have a copy of the letter in the morning. Don't forget to tell David. " Mortimer left the room.
Lisa settled herself at her computer once more. "Now where were we?"
"Well I think that we've fired all the bullets that we have in connection with the valuations, we'd better say what we can about Clearfield. "
"What can you say?"
"Very little, and that's what we need to say, very little, otherwise it looks as if we're worried. "
"Which we are?" Lisa asked.
"Which we most certainly are. Right, here goes ..
We appreciate of course that it has been postulated that Mr. Newberry has or rather had a connection with Mr. Levy. His explanations as to that have been given fully in his interview with the Police and ou
r own instructions are exactly the same. He has nothing to hide. He had ceased to have any connection with or involvement with Clearfield Limited before the time of the valuations complained of. Guilt is not proved by association. You, the Prosecution need to prove that our client took an active part in the alleged conspiracy, and with respect, your evidence not only fails to even begin to do that, but in our view, and as we have said, shows that our clients valuations were on a par with those of his professional colleagues; two of whom are your witnesses, and not defendants, and one of whom, Mr. Dover carried out ...
"What's the figure for his colleague Dover's valuations?"
Lisa quickly went to the spreadsheet "50%".
50% of the valuations which are the subject matter of the charge against our client."
"1 think that's about as much as it's safe to say on that subject, and so let's wind up.
“We are obviously anxious to avoid two things. Firstly the financial cost of defending our client. To get to this stage of the proceedings has already taken ....
Did you make a note of the time you spent on the file?"
"No, but it was a good 2 hours. "
"OK Make a note, we'll have to tot up the hours later but at a guess I must have spent 40 hours. Put that in, we can change it later. ... and to analyse in greater detail John Black's valuations, and to obtain our own expert evidence is going to take as long again. It seems to us to be a total waste of time and money for us to have to check on the accuracy of views and opinions of the Prosecution's key witness in this way. It is with respect, something that you should have done. "
"That's the second 'with respect' you have used. "
"Always use it when you are about to have a go at someone. Remember litigation like this is a fight to the death. But it is controlled aggression, and so it has various rules of conduct and etiquette so that it can take place in a civilised manner. "
"Right - oh, what else. "
"Well I was thinking of mentioning David's heart problem."
"The sympathy touch? What after you have told them that they haven't done their homework?"
"Hmmm, yes it might backfire. They might see it as an indication of weakness on our part; that David might need to plead guilty rather than stand the stress of a trial. No I think we'd better not mention the heart. Just put..
“Secondly of course, we are anxious to spare our client an unnecessary public trial “
“Can you underline 'unnecessary - in this matter. We therefore ask you to urgently consider the information that we are enclosing, with a view to withdrawing all charges against our client.
Now here's the crunch ...
We have to say, with respect, that if this case does proceed and what we have said in this letter is proved to be correct and the charges against our client dismissed, then we reserve the right to produce this letter to the Court in support of an application for costs personally against the Crown Prosecution Service.
Bearing in mind that our client is the only surveyor employed by the former National Building Society who has been charged with an offence, despite the fact as we have demonstrated that the was involved in but a small percentage of the surveys around which this case centres, he reserves all other causes of action open to him, should this prosecution in any way prove to be malicious.
If you do decide to proceed, then we shall want to make submissions to the magistrates at committal after cross examination of Mr. Black
Then just end it, Yours Faithfully"
"Well," said Lisa, sitting back in her chair, "that should give them something to think about."
"Well, I hope so. What's the time?"
"A quarter to six. "
"Well we've missed the post for tonight." Brakespeare stood up and stretched, “I suppose I'd better check it before it goes. Send a copy to Newberry as well. "
"Sure, boss." Lisa turned round in her chair and gave him an inviting smile. Brakespeare hesitated, but then decided to seize the initiative.
"How about a drink for all your hard work?" Lisa did not hesitate.
"I can give you half an hour, if we're quick." she said as she began to shut her computer down.
"And after half an hour?"
Again the smile. "I turn into a pumpkin. "
"Well I'll just have to eat you," he replied before he realised what he had said.
"Mr. Brakespeare, you are a solicitor……….. " She expressed horror but was smiling.
He thought that she might be teasing him, but thought better of assuming that. She might be very politically correct.
"Sorry."
"I'll forgive you. Come on we have half an hour to get to know each other. "
That was an invitation Brakespeare was unable to refuse.
“So where shall we go.”
“The Farriers Arms. It’s just across the road in Fish St. It’s as good as anywhere.
“Right, I’ll get my coat. I presume we have to lock up. Have….?”
“Sure, don’t worry I’m allowed to have a set of keys. I’ll do it.”
chapter eleven
“So?” said Brakespeare.
“So?” said Lisa, and they clinked glasses across the small table in the public house, “Whatever next?”
“What indeed, - and what a first week.”
“Like something from a novel.”
“Yes, I might write it one day – when I know the happy ending.” Brakespeare laughed cynically.
“Do you think that there will be a happy ending?
Brakespeare sighed, and put his glass on the table. He leaned back in his chair and gazed at the nicotine stained ceiling. “Well all I can say at this stage is, I suppose, that thanks to your work with the computer, we have at least something to cling on to. Often in criminal cases it’s a straight argument over the facts, and who has their facts right, and who has them wrong. In white collar crime….”
“What’s that?”
“Crime committed by executives, - fraud, fiddling the books, embezzlement – that sort of thing. In those cases, it’s the prosecution who usually have to use computers to show how things have been fiddled, with acres and acres of paperwork; forged receipts and the like.”
“Isn’t that what they’ve done in David’s case?”
“Not really. I know that there’s stacks of papers we haven’t yet looked at, but their case all seems to turn on Black’s valuations. The trouble is that this valuation lark seems wonderfully vague.
How anyone can put his hand on their heart as Mr. Surveyor Black has, and say that a property is worth so much now, and was worth so much less 4 years ago, seems to me the basis of a dodgy prosecution case.”
“So why have they brought it – the case, I mean.”
Brakespeare picked up his glass again and sipped slowly. It was only half a pint of shandy but he a savoured it as if it were wine. He put it down again.
“Mr. Clive Masters, I expect.”
“Clive who?”
“The Chief Executive of the National Bank. It’s just like him to want to nail somebody; to hang them out to dry.”
“You know him?” she asked quizzically.
“I’m afraid so. He’s why I’m here.”
“What; about this case?”
“No, because he once tried to ruin my career, in fact he did, and now it seems that he wants to ruin David’s.”
Lisa’s eyes opened wide, but she had the sense not to ask any more questions and allow him either to change the subject or tell his tale. Brakespeare caught her glance, took a deep breath and sighed.
“No reason why you shouldn’t know; the partners do. Are you sitting comfortably?”
Lisa nodded.
“About 5 years ago I worked for the Crown Prosecution Service in Birmingham. I think I did well, at least I seemed to have my fair share of interesting cases, - murders; rapes; frauds. A lot of them made the newspapers.” He laughed ” I had to prosecute a woman once for fortune telling in the street under some ancient Birmingha
m byelaw..”
“What’s a byelaw”
“Laws passed by local authorities, usually in the Nineteenth Century to prohibit things such as spitting or urinating in the street. Anyway this woman had been taking money by palm reading in the street or something, and the Police decided to prosecute her. I can’t remember the detail, but I do remember that she cursed me in Court, and that made the Daily Telegraph. It made my Mum and Dad very proud!”
“Did it worry you?”
“At the time no, but I do sometimes wonder about it in the light of what subsequently happened to me.”
Again, Lisa waited for him to continue. She could see that whatever it was, it was something he did not care to think about.
“Anyway, I enjoyed the work. It was the only time in my career when I’ve jumped out of bed in the morning, and thought ‘Yippee” I’ve got to go to work!’” He paused.
“Do you like chocolate?”
“What! Yes of course.”
“But would you want to do it all the time. I can tell you murder sounds a glamorous case to prosecute, but the cases are never like they are in detective novels, and after you’ve dealt with a few, you’ve dealt with the lot. The work became routine to me. The trouble with something like the Crown Prosecution Service is that it is part of the Civil Service. To get promoted, you have to fit in, and I’m afraid I’m too much of a loner to fully do that, so all the dull boys get the good jobs. Anyway you have to move around the country to get anywhere. If you don’t, it can be like waiting for dead men’s shoes. So, when one of the bigger firms in Birmingham offered me a job at half as much again as I was getting on a Civil Service salary, I quit and joined.”
“What firm was that?”
“Hattons. Anthony Hatton was a big man in Birmingham. Flash solicitor; owned a night club; drove a Rolls Royce and had made his name doing criminal work. He knew everybody, went everywhere, did everything. Thought I was “a like mind” or so he told me, and made me an offer I couldn’t refuse.”