“Well, obviously, I can’t be absolutely certain.”
“Are we to infer then, Professor Steptoe,” Davina’s voice rose an octave, “that, maybe, just maybe, some other party could have moved her body? Indeed, could Mrs Hoskins have, in fact, already been dead when this move occurred?”
“I don’t think that’s very likely…”
“Is it not a possibility that my client had no part at all in bringing about her death, that he was merely guilty of moving her body post mortem?”
“As I say, it’s very unlikely.”
“Nevertheless, is what I suggest a possibility, yes or no?”
“Well, yes, but…”
“Thank you, professor. No further questions.”
The court rose for lunch at twelve-thirty. Danny had still not turned up, but his mum had phoned in and said he would definitely attend the next day. It was far from ideal, but Smith, having passed a message to the judge, decided Don should go into the box. This was despite the protocol that police evidence was normally presented only once all the civilian evidence had been heard.
There was the familiar knot in Don’s stomach as he took the oath and confirmed his identity. He handed the bible back to the usher and took his pocketbook from the breast pocket of his tunic.
Leslie Smith stood up and said to the judge, “My lord, may the officer refresh his memory from his official notebook?”
The judge spoke to Don: “When were these notes made, officer?”
“These were notes made as soon as possible after the events, my lord.”
The judge looked back to Smith. “I understand that some of these notes would have been made several days after the events in question. Is that not so?”
“That is correct, my lord. PC Barton was in hospital recovering from his injuries and unable to write up his notes for several days.”
The judge looked over at Davina. “Does the defence have any objection?”
Davina stood up; Smith sat down. “No, my lord. My client is content for the officer to use his notebook.”
All eyes now turned to the dock where Churcher was sitting, scowling, between the two prison officers.
Content wasn’t the term the judge would have used to describe the defendant’s demeanour. However, all he said was, “Proceed.”
Smith now led Don through his evidence, starting with his sighting of the two men in the car, the first accident, his journey with the two brothers, and concluding with a description of the second, fatal accident.
Davina had sat quietly taking notes and allowed this narrative to run without interruption. However, when she stood up, Don felt the tension rising. The court fell totally silent.
“PC Barton, may I begin by congratulating you on making such a full recovery from this unfortunate accident.” She emphasised the word accident. “However, there are one or two details in your account that I’m sure will be of concern to the jury.”
She smiled at the jury of eight women and four men. Feeling that women were less likely than men to feel sympathy for a professional sex worker, Davina had used the challenges available to her to engineer this ratio. She was pleased with the result.
“Now you say you recognised this car, having seen it previously?”
“Yes, ma’am.” Don had not, at this point, been required to give details of his first meeting with Suzanne. Such evidence was deemed hearsay as Churcher wasn’t present to hear what had been said.
However, under cross-examination, the hearsay rule did not apply. The defence could also ask what are called leading questions, i.e. those where the fact is spelt out and simply confirmed or denied by a yes or no answer.
“Could you explain to the court the circumstances whereby you saw this vehicle?”
Don went through the details of his first, and only, meeting with Steve and Suzanne Hoskins.
“And what was said at the time about the car?” Davina asked him
“I don’t understand. Nothing was said about the car.”
“So, you’ve no idea whether the car still belonged to the Hoskinses? I mean, was it up for sale? Maybe it had already been sold?”
“Objection!” Smith was on his feet, and Davina sat down. “My learned friend is badgering the witness.”
“Is this line of questioning taking us anywhere?” asked the judge.
Davina stood back up. “Indeed, it is, my lord. I am seeking to establish that the officer’s decision to stop my client and his brother was based on an honestly held, but false, assumption of ownership of the vehicle in question. That being the case, there was actually no reason for the Churcher brothers to have caused the accident nor to kidnap the policeman.”
The judge looked dubious. It was obvious to him that Davina was trying to exploit Steven Hoskins failure to provide any evidence about the Jaguar car. She was within her rights, but James Miller did not like to see a jury misdirected by young lawyers who were sometimes too smart for their own good.
“I presume you intend introducing evidence of this change of ownership?” he asked.
“Mr Churcher will be stating as much, my lord.”
“I think we can safely proceed on the assumption that the officer has no knowledge of this car being sold. Pray continue with your examination.”
“Thank you, my lord. Now, officer, if I may turn to the domestic dispute between the deceased and her husband. There was evidence of violence at the premises, is that not so?”
“Towards property, yes, not people.”
“Oh, so you had Mrs Hoskins medically examined, did you?”
“No, but…”
“You’re not a doctor, are you?”
“She told me she wasn’t injured.”
“And you just took her word for it?”
“Yes, ma’am,” Don looked, and felt, crestfallen.
“So, in the middle of the night, you went off and left this poor lady at the mercy of a violent and abusive husband, no medical exam, no support, no ongoing plan of action. The fact is, you didn’t make a proper job of it at all. You treated it as just another nuisance domestic, not worthy of your attention. Is that not right, Mister Barton?”
“It wasn’t like that.” But when Davina glanced over at the jury she noted, with satisfaction, that they obviously thought it was exactly like that.
Davina was on a roll. “Right, let’s talk about this so-called kidnapping,” she said.
Davina emphasised the words “so-called” and gave another meaningful look to the jury.
“Let’s start from the beginning, shall we?” she began. “You saw the Churcher brothers driving the Jaguar car and, having jumped to the conclusion that they had stolen it, you decided to give chase, is that correct?”
“I decided to stop the vehicle to find out what they were up to, yes.”
“So, you chased after it?”
“Well, I followed it and put my blue light on to get it to stop.”
“In your statement,” she appeared to consult a sheaf of papers, “you say that you were driving a marked police vehicle. Describe this vehicle.”
“Well, it was a blue and white Ford Escort van—”
“A van!” Another glance to the jury.” You were driving a little van? Is that the type of vehicle the Thames Valley Police normally use for traffic enforcement?”
“Well, no but…”
“So, a normal driver would not be expecting to be stopped by this type of police vehicle, is that not so?”
“Not usually, maybe but…”
“And how were you dressed, officer?”
“In full uniform, just as I am now.”
“Did you have your hat on?”
“No, it was beside me on the seat.”
“As an ex-Traffic officer, I assume you are aware of the requirement for a policeman to be in full uniform to stop a vehicle – including a hat?”
“Objection, my lord!” Smith stood up; Davina sat down. “The defendant has not been charged with any motoring offences. The office
r is being questioned over evidence that hasn’t been presented.”
“Indeed, Miss Cooper, I fail to see where this is leading us,” said the judge.
Davina stood up. “My lord, the basic facts of this case are, by and large, not in dispute. However, the interpretation of those facts is very much in contention. I am seeking to establish, with the cooperation of the witness, that a much more likely explanation exists for why the Jaguar failed to stop, how the initial accident happened, and how it was that the officer ended up being transported by the defendant.”
“Very well, but please try and stick to the point. Continue.”
Davina could not have been more pleased with herself. With his objection, Smith had handed her a golden opportunity to plant seeds of doubt in the minds of the jurors.
“So, incorrectly dressed and driving an inappropriate vehicle, you have raced after my client and his brother in an effort to stop them. I put it to you, officer, that my client’s assertion that the brothers had no idea initially that you were following them is perfectly reasonable.”
“No! They made off at speed.”
“Mr Barton, they were taking a recently acquired, high-performance car for a spin in the country. You would hardly expect them to be driving sedately, now would you?”
“Well, as far as I was concerned, they were trying to get away from me.”
“As far as you were concerned! But now, with the benefit of hindsight, do you agree that it is possible that the men were, in fact, unaware of your presence and simply driving fast?”
“That’s not how it seemed to me.”
“But it is possible, isn’t it?”
Don went silent for a moment.
“Come along, officer,” said the judge. “Counsel for the defence has asked you a perfectly straightforward question. Is it a possibility, however remote, that the men did not know you were trying to stop them?”
“I suppose it has to be a possibility, my lord, but…”
“Thank you, constable!” said Davina. “We’re finally getting somewhere.”
Don looked annoyed, but somewhat crestfallen, and Davina became concerned that some of the jurors might be feeling some sympathy with him.
“Now, as to the actual accident,” she continued. “If the deceased, Mr Churcher, suddenly became aware that he was being followed by a police officer. In fact, one who he suddenly realised was trying to stop him, it isn’t surprising that he panicked and hit his brakes, is it?”
“Objection!”
“Sustained, you are asking the witness to hypothesise the thoughts of another person. Pray confine your questions to the witness’s own thoughts and actions.”
“Apologies, my lord,” said Davina, then to Don, “Is it not the case that your driving into the back of the Jaguar car could have been a simple accident, yes or no?”
“Yes, but…”
“Thank you, and as a result of this accident you suffered a nasty concussion, is that correct?”
“Yes.”
“In fact, you were knocked unconscious?”
“Yes, I was.”
“So, when you came around, your thoughts were confused?”
“To start with yes, but…”
“And it was while you were in this state of delirium that you imagined you were being kidnapped?”
“Objection!”
“Sustained.” The judge gave Davina a pointed look.
Davina changed tack. “Officer, why did you assume you were being kidnapped?”
“Well, they had a gun for one thing.”
“Ah yes, the gun. A legally held shotgun that Mr Churcher says they had with them to shoot rabbits. Did either of the men actually threaten you with the gun?”
“Not in so many words maybe…”
“Was it pointed at you?”
“Not directly, no, but…”
“No, indeed! The fact is, that once again you jumped to a conclusion. You do rather a lot of that, don’t you? My client’s claim that they were looking after you following the accident and were taking you to the doctor’s surgery is perfectly reasonable. In fact, it makes perfect sense, is that not so?”
“I think I know the difference between being given a lift to the doctors and being kidnapped!” Don was furious.
Davina held up her hand. “Under normal circumstances, of course, you do. But these were not normal circumstances were they? In fact, given your state of mind following the excitement of the car chase and the nasty blow on the head – not to mention your penchant for jumping to conclusions.”
“Objection!”
“Will this take much longer, Miss Cooper?” The judge looked at his watch.
“No, my lord, I’m nearly there. I would just like to ask a couple of questions about the tragic accident in which my client lost his brother.”
Up to this point, Alan Church had been silently enjoying watching the policeman being taken to task by his barrister, but now he jumped to his feet and shouted, “Yes, you murdering bastard, tell them how you let my brother burn to death!”
There was a brief scuffle as the prison officers forced him back into his seat. The judge looked over to him.
“I will not tolerate outbursts of that nature in my court,” said the judge.
Alan, who was by now quietly weeping and sobbing, simply nodded his head in compliance.
“Continue, Miss Cooper,” the judge said.
“If we could turn now to the matter of the second accident. There is no dispute, once again, as to the facts; however, there is one point I would like to clarify. officer. Why did you feel it appropriate not to attempt to rescue Frank Churcher?”
“It was too dangerous. The car was about to explode, and in any case, Frank Churcher was already dead.”
“But you’ve already told us you have no medical training, how could you be sure?”
“It seemed obvious.”
“More jumping to conclusions?”
“Objection!”
“Sustained. I won’t warn you again, Miss Cooper.”
“Apologies, my lord. However, Mr Barton, can we be quite clear about this. You felt justified leaving Mrs Hoskins to her fate on the night of the domestic dispute, and you felt it was acceptable, given the circumstances, to abandon Mr Churcher to a burning car.”
“Given the circumstances at the time, yes.”
“Thank you, officer. I have no further questions, my lord.”
The judge took a long look at his watch then spoke to Smith, the prosecutor.
“I presume you will have a number of points to raise with this witness during re-examination?”
“Indeed so, my lord.”
“It has been a long day for the jury, and I am minded to ask you to leave that until tomorrow, if there are no objections?”
“No, my lord.”
“None, my lord.”
“Constable Barton, I will remind you that you are under oath and you are not to discuss your evidence with anyone other than your counsel, Mr Smith. Is that clearly understood?”
“Yes, my lord.”
“In that case, we will adjourn until ten o’clock tomorrow morning.”
The court usher stepped forward. “Court will rise!” he said.
Chapter Twenty-Two
The Case Continues
Don was feeling dejected as he drove home from the court. Whatever idiot had coined the phrase “dumb blonde” had never come across Davina Cooper, that was for sure! Don fully realised that the attractive young barrister had run rings round him in the witness box.
“She had me by the balls from the minute she started,” he told Rosemary over dinner. His wife had cooked him a delicious spaghetti Bolognese and bought a bottle of Yugoslav Riesling to wash it down with, but even that couldn’t lift his mood. “She even had me doubting my own testimony by the time she was finished. She is one clever lady,” he added.
“When will men ever start taking women seriously?” said Rosemary. “She obviously has to be good to
survive in such a male-dominated world. So, what happens now?”
“Tomorrow I’ll go back into the box, and our barrister will question me to re-examine my evidence. He’s allowed to clear up any ambiguities and so on, but we’re not allowed to bring anything new out. Then it’s Dave Johnson’s turn; basically the whole case rests on his interviews with young Churcher.”
“Well, in that case, you’ve nothing to worry about. I really can’t see any young brief getting the better of Dave, however slick she may be.”
“You really rate him, don’t you?”
“Don, he’s the best friend we’ve had in a long time. Yes, I do rate him.”
On arrival at court the next morning, Don was instructed to report to the police office where Johnson was waiting for him together with the barrister, Mr Smith. Danny Jackman, dressed in his school uniform, was also in the room together with his mother.
Smith was in a buoyant mood. “Good morning, Don,” he said. “I’ve just been chatting to young Danny here, and I’ve decided to put him straight into the box. Unless you have any strong objections, I feel we are best served by forging ahead. That means I won’t bother with re-examination as far as you are concerned. Is that all right with you?”
Don was actually quite relieved. “Whatever you say, sir,” he replied. “We in your hands.”
“Excellent, that’s settled then.”
Danny pleasantly surprised everyone by giving his evidence clearly and confidently with no apparent trace of nerves. Smith led him through his statement virtually line by line and, as each question was posed, the boy looked directly at him and replied in strong, clear tones, albeit tinged with a strong Berkshire accent.
In conclusion, Smith asked, “Danny, you say you recognised the demons from having seen them before.” He held up a warning hand. “We don’t need the circumstances.” Smith had been advised to make no mention of drugs during the trial. “A simple yes or no will suffice.”
“Yes.”
“Do you see that man in the court today?”
“Yes.”
“Can you point him out, please?”
“That’s him, there.” Danny indicated Churcher who, in return, scowled at the boy making him visibly quake with fear.
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