The Unsuspecting Housewife

by Olivia Charles

  She walked awkwardly to the kitchen and boiled the kettle for a coffee. As she opened the fridge for milk, which Simon had assured her would be inside, she smiled when she saw a bottle of pink champagne and a note telling her to expect him and to expect to be loved.

  July 26th 2011.

  Henrietta was summoned to her Solicitor’s office to be informed of her responsibilities whilst under supervised and conditional release and to find out what the CPS had to say in their recent communication. The head partner joined Sarah and Kevin to welcome Hetty and Simon and they all sat at the boardroom table. Sarah opened a large file and tried to explain the complex legal problem to be tackled:

  “On the day of your imprisonment, back in March, the prosecution barrister applied to the Judge for a ‘Confiscation Order’ under section 6 of the Proceeds of Crime Act (POCA) 2002. It will seem ridiculous to you but the CPS are going to pursue your assets under the ‘Drug Trafficking Act’. They say your crime was committed over a six month period, so the Judge must accept that you had a ‘criminal lifestyle’ as determined in law, then he must apply the ‘assumptions’ which will be presented to him by the CPS.”

  “But I’ve never had anything to do with drugs and have no money because Terry took everything he could get his grubby, thieving hands on…”

  Linda gave Henrietta a disparaging look for the interruption and took over the meeting:

  “The CPS will present us with a ‘Section 16’ document, which is the Prosecution’s detailed statement to be used in court. It will make clear what their case is and the matters and assets which they wish to bring before the judge for confiscation. It will state what kind of criminal conduct they believe has been committed by you and your co-defendants and will determine your benefit from either ‘General’ or ‘Particular’ criminal conduct and will assert the value of the crime, probably two point six million pounds. They will then determine the sum you could pay if you sell everything you own.” She raised her hand as Simon tried to interrupt her speech.

  “We will then submit our S17 to the court in your defence, which is your typed and signed affidavit in response to all the points in their S16. Then, after considering your S17 the CPS will respond once more to us before the actual Confiscation Hearing in Court where the Judge will decide the appropriate figure and make an order to that effect. Once that order is made, you must realise those assets. If by selling your assets you do not raise the sum ordered, you must go back to court to apply for a ‘certificate of inadequacy’ and the judge may amend the sum he ordered to be paid.” Linda’s hand was still aloft and she spoke with determination to finish her obligation before the imminent interruption from Simon.

  “Henrietta, you obviously remember when your assets were frozen by the Court? Well, the reason for that now becomes plain as the Prosecution’s asset recovery team (RART) begin to pursue those assets. If you refuse to hand over your possession or control of the assets they seek, they will apply for a Court Order to appoint an official receiver and take them from you. If you try to hide or give away any of your assets, RART will ask the Judge to disregard any inadequacy that it believes is attributable in whole or part to anything done by the you to preserve that property. They will also go after anyone who they consider to be the recipient of what they term; ‘a tainted gift’.” The room became uncomfortably silent whilst Henrietta and Simon processed Linda’s information.

  “So what went wrong with your plan Kevin? It seems to me that you now either a) admit you were outplayed by Farnell, in getting Hetty to sign a guilty plea to a ‘count’ rather than a ‘charge’ or b) admit that you knew your advised course of action would result in imprisonment and that confiscation would ensue. Which is it?” Simon’s voice gradually got louder as he struggled to contain his anger and Kevin leaned away from the man he feared and his seat almost toppled. Linda butted in.

  “I’m afraid you have a problem too Mr Hennessy and I cannot allow you to be present at any of our client’s future conferences, as the CPS have named you as being one of the recipients of a ‘tainted gift’ from Henrietta.” She challenged the unofficial advocate who had become a serious nuisance.

  “How dare you? I have done nothing but support the lady. On what grounds can the CPS assert such a preposterous thing and who are the others named?” Simon was outraged.

  “They have checked Henrietta’s bank accounts and highlighted a cheque to you for ten thousand pounds, a couple of thousand to Oscar and quarter of a million to a Mr Michael Lewin. No matter what you say your cheque was for, it is over the five thousand gift threshold and will be treated as ‘tainted’.’ You had better find yourself a lawyer Mr Hennessy and cannot be party to these conferences. I know Hetty looks to you and we can all see how much you care for her but we must advise her from now on. We are ‘Instruments of the Court’ and must act appropriately in accordance with the Law.”

  “What?” Simon shouted and stood up so fast to emphasise his point that he caught the edge of the enormous table which tipped slightly and cups rocked noisily in their saucers. Linda desperately tried to bring the meeting into order and reached for her cigarettes and an ashtray to offer them to Simon as a goodwill gesture. Kevin breathed a sigh of relief as the big man sat down and was placated with a nicotine fix. Kevin curled up his non-smoking nose but did not dare to complain.

  “Linda, I can defend myself but I would like to know who Michael Lewin is?” Everyone turned to Henrietta.

  “He’s the bank manager at Barclays. He converted my pounds to euros. I wasn’t very happy with the service though, as I still haven’t received the return of euros to pounds. I presume it is because RART have frozen all my accounts?”

  “No, wrong, Mr Lewin has nothing to do with Barclays Bank. The police have said you paid the money into the man’s personal bank account which was at Barclays. Are you saying you didn’t know he was just a customer?” Linda asked.

  “I knew there was something odd about that business when I checked Henrietta’s paperwork but the police never picked up on it and Hetty wouldn’t believe me when I suggested he might be in on the con with Newman and Hoare and wanted to employ a private detective. Can she go to court to recover the money from the man now, Linda?” Simon handed his handkerchief to Hetty who started to cry.

  “Why go to the personal expense of recovering it when it would only be confiscated by the court?”

  “Then whoever the man is, he gets away with it? Unbelievable!”

  “The CPS doesn’t seem to have identified him yet.” Linda was unsure.

  “Well, I remain by Henrietta’s side, officially or unofficially. Are we all clear?” It was not a question and for the sake of decorum and professional pride Linda temporarily accepted Simon’s proposal.

  On the journey home Simon was adamant they find a new defence team as soon as possible and he would employ a private detective to find out more about Mr Lewin. They spent the next two weeks driving around three counties to consult with many lawyers who all said the same; that Henrietta’s defence team had been negligent and should not have told her to plead guilty. The private investigator informed Simon that Michael Lewin was a customer at Barclays with a business account in the name of International Currency, there was a registered company office at a house in Surrey which had no employees.

  Meanwhile Sarah sent a copy of the S16 which had arrived from the CPS identifying and confirming Hetty’s assets to be confiscated which included the flat she lived in with Oscar, her car, her personal number plate, Oscar’s car and the sum of the transactions through her UK bank account and her Spanish bank account over the previous six years which included the money she had paid Simon. Sarah enclosed a copy of the proposed S17 response in which the flat would be offered to the Court as it had not been put in a Trust prior to the Spanish mortgage application. Sarah said their firm could not continue to defend Henrietta unless she would also sign a separate typed note to accept the basis of her plea. Henrietta was angry and frustrated that her lawyers want
ed to create a secure defence for their own actions but were unable to defend her. She refused to sign her S17 and told Simon that she wanted to retract her guilty plea and intended to write to the sentencing Judge. Simon believed she would be wasting her time but his advice did not deter her.

  Henrietta received an unprecedented reply from Southwark Crown Court and the relevant forms she would need to make an application to the Royal Courts of Justice.

  February 2012.

  Kevin Merrill informed the judge that Henrietta wanted to dismiss her defence team but explained that both he and the solicitor could not legally or morally leave Henrietta un-represented in Court until the Judge gave the necessary permission to transfer her legal aid to alternative lawyers. The Judge was rankled that his time was wasted but Henrietta explained that she was struggling to find a replacement lawyer as Aiden Hoare had compromised every law firm within a 30 mile radius of her home. “How many law firms have you consulted with Mrs Champion?”

  “Fourteen, your Honour.” The Judge was shocked, Sarah gasped and Kevin almost fainted! The Judge implored Hetty to resolve the problem during a recess for lunch:

  “Mrs Champion, please try to patch up any differences you may have with your lawyers, for my sake, so this hearing can proceed with me in it and make life easier for all concerned?”

  He smiled encouragingly at her then rose from his seat to leave.

  “All rise.”

  Henrietta and her current legal team went out of the court and into the fresh air where Simon took the advantage of a much needed cigarette and listened to Kevin.

  “Henrietta, you heard the Judge and I am prepared to help you in accordance with his wishes but I know you have made an application to retract your guilty plea and I have been informed of the grounds you submitted which allege that I misdirected you into making that plea, which amounts to legal negligence.” Henrietta was embarrassed that Kevin’s chambers had been so swiftly informed by the Royal Courts of Justice. “Now, I sympathise with you and understand that mistakes may have been made, but it is too late to change anything now. You do realise that you stand no chance of being granted an appeal don’t you?”

  “Why?”

  “Because the Law does not allow a criminal to overturn their conviction by slandering their own Counsel.”

  “But it is not slander.”

  “Henrietta, I am very fond of you but be realistic; I would lose my job if I don’t deny the charges. Please promise to drop your application and let me help you today. We go back at 2pm and need to give the Judge a satisfactory answer. Think about it and let me know.”

  Henrietta and Simon were silent as they walked away from Kevin and headed towards a café. An hour later they sat side by side on the low brick wall at the foot of the court steps.

  “Hetty, what are you minded to do?”

  “What would you advise?”

  “No way, this decision is far too important for me to influence you, but I am stunned that Kevin just tried to blackmail you. A self-declared housewife should not have to defend herself in Court against that snake, Farnell.”

  “But I couldn’t do any worse.” She took a deep sigh. “Sod it, I’m sick of being bullied, I will sack them. Let’s just hope the Judge allows me to transfer my right to legal representation.”

  “Phew, a long shot.” He took hold of her hand and squeezed it. “You are a very brave girl.”

  They got up from the wall and walked slowly back to Kevin who was waiting anxiously at the court door, already wearing his wig and gown, as if to reinforce his role.

  “I’m sorry Kevin, I can’t sell myself. I won’t do it. I have my family to think of.”

  “Oh dear, then there is no more to say except; I wish you well.” He seemed to mean it.

  Simon moved towards the doors to the court but was blocked by a large man in a grey suit who spread out his arms out across the doors.

  “You can’t go in.” He said with such determination that Simon backed away.

  “He’s DC Wooster, the police officer that arrested me. He is nearly always in Court. What’s he doing there?” She asked of Simon but Kevin offered the answer:

  “Whilst you were out of court, deciding what to do, the Judge made his Orders of Confiscation on the others. I probably shouldn’t tell you now but you will find out soon enough: The chap who owned the financial services company has been ordered to pay fifty thousand pounds. Mr Hoare has been ordered to pay what he can afford, which is the value of his car valued at fifteen thousand pounds and Mr Newman has been ordered to pay one pound because he has shown that he has no money left in his bank accounts.”

  “I don’t believe it! What about his offshore bank accounts?”

  “It isn’t for me to tell RART how to conduct their business, even if it seems ludicrous.”

  “But Kevin, that is the point of hidden assets; he has hidden them. Surely he should be made to hand them over or go to jail?” Simon could not believe what he was hearing.

  “All I can say is that there was mention of abuse of the public purse if RART were to go to Spain, Gibraltar or Switzerland.” Kevin had said what was required of him, then slipped past the police officer and went back into the court. Simon and Henrietta were speechless as DC Wooster stood down as guard and entered the court himself.

  “I don’t know what just happened in there but I’ve never heard of a police officer being deployed to prevent anyone from entering a public court. Are the police guarding Newman or are they frightened that you will go mad when you find out that they have allowed him to get away with all the money he stole from you. It is outrageous!”

  Ten minutes later Henrietta and Simon were ushered into court.

  “Mrs Champion, I have given you the opportunity to speak with your counsel and trust you have done so?”

  “Yes, your honour.”

  “Excellent.” He then turned to acknowledge Kevin Merrill who was still seated with his head bowed. “Can we now resume this hearing? Counsel, are you in a position to continue?” Kevin rose to his feet and looked up to the Judge.

  “I am afraid not, your honour, I have been dismissed by my client.” The Judge was ignited in his fury.

  “Mrs Champion, your barrister comes to you from highly regarded legal chambers, why must you procrastinate and waste the court’s time? What do you think you can do that your counsel cannot do today?” The Judge wrung his hands in frustration.

  “I owe it to myself and my family, to tell the truth and not let myself be forced to say things just to please the court your honour. I’m sorry.” She dropped her eyes away from the red faced, red robed man and to the thin red carpet.

  “What says the prosecution, Mr Farnell?” The Judge looked to the lead barrister.

  “A typical and deliberate act of denial by the accused, my lord. We say she must act for herself and we continue this hearing on that basis.” The barrister looked pleased with predatory glee and the entire court, including the Judge noticed as he gloated and smirked at Henrietta as she dithered behind the light oak witness stand. It was an awkward moment which seemed to last too long.

  “Mrs Champion, how do you feel about continuing today and defending yourself against the accusations of Mr Farnell?”

  “Absolutely terrified your Honour.” Her voice was barely audible. The court fell silent whilst the Judge consulted with his conscience.

  “I give you three months to find suitable representation. Your new lawyers must notify this court immediately.” He thrust his hands against the desk and pushed back his chair, then nodded to the Court and abandoned the bemused hearing.

  Everyone began to leave the court and Kevin Merrill approached Henrietta.

  “I am not happy but I respect you for what you just did.” He disappeared in the direction of the robing rooms. Then Farnell breezed towards Henrietta.

  “As you have relinquished your legal representation, it falls to me to speak to you now, to establish whether you fully understand what you must do.”
He reiterated the directions of the judge, then bowed and floated away with his female assistant.

  “That’s that then darling. Wine bar?”

  “Why not Simon.”

  March 2012.

  The day came for Henrietta to formally request her application for an appeal and finally have her say in Court. Simon accompanied her to London on the train and they took a black taxi cab to the Royal Courts of Justice. As they stood at the steps of the cathedral of courts, Hetty was both intimidated and excited about her ordeal but instinctively and professionally enthused about the magnificent Victorian building. She informed Simon that the Court was designed by George Edward Street and considered that if a lawyer could become such a successful architect, then perhaps it was not impossible for an interior designer to act for herself as lawyer. They walked into the vast reception hall and enquired where they should go for the hearing and reported to the appropriate Court Clerk.

  The interior of the cavernous court room was lavishly lined with carved oak panels and leather bound books and felt like a high church library and was infused with hundreds of years of fear and reverence. As Hetty sat on the front tier of the gallery she knew she required divine intervention as she watched the three grand judges enter the court. Once seated, the Clerk informed them that Henrietta was in attendance. The Judges looked most disgruntled.