Judge Walden

by Peter Murphy

  That’s less obviously true, however, of another woman who describes herself as a ‘Bible-believing Christian’, and is totally opposed to astrologers and any other ‘fortune-tellers’, whose prospects for the afterlife, she implies, are not to be envied. I agree with Susan and Aubrey that we should excuse her from service in our case, and it seems to cause no problem – we still have fifteen potential jurors from whom to select a jury of twelve. One of the fifteen is an attractive young woman who ends up sitting as juror number four, and who has commented on question six by writing ‘live and let live’ by way of an answer.

  ‘Members of the jury,’ Susan continues, ‘in the early part of last year Edith Hunter was working for Girl’s Best Friend, which as you may know, is a leading international jewellery retail company with branches throughout the world. She was a senior manager of the company’s London retail operation, she was earning a substantial salary and good benefits, and her career prospects seemed bright. Mrs Hunter is married. She and her husband Jim, who is a partner in a City law firm, live in Hampstead. Their daughter, Amber, was away at university in Durham.

  ‘In May of last year, Mrs Hunter was head-hunted by an agent representing Le Chat Bien Paré, a French competitor of Girl’s Best Friend, based in Paris. The agent said that she could expect a substantial increase in salary and benefits, in addition to greater responsibility in Le Chat’s corporate structure. Mrs Hunter will tell you, members of the jury, that she was attracted to the possibility, not only because of the financial benefits, but also because she was an admirer of Le Chat Bien Paré and rather liked the idea of living in Paris. But she also had one or two concerns. One was her husband’s job. Jim wasn’t averse to spending some time in Paris – his law firm has an office there – but making arrangements for his transfer would not be straightforward and it would have to be handled delicately. Another concern, of course, was her own job. If it were to become known at Girl’s Best Friend that she was talking to a competitor, it would be bound to cause problems for her: indeed, it might well result in her being asked to resign her position immediately.

  ‘At this critical point in her life, members of the jury, a friend told Mrs Hunter about the defendant, Gerard Busby. In fairness, I should say that this friend, a Mrs Wilson, told Mrs Hunter that she had consulted Mr Busby on a matter concerning a personal relationship, and had found him helpful and insightful; and it may be appropriate now for me to say that the Crown does not deny that Mr Busby has satisfied customers to boast of – and indeed he does boast of them freely on his website – but we say, members of the jury, that this is due to his charm and accomplished bedside manner rather than any actual professional skills. Be that as it may, Mrs Hunter visited Mr Busby’s website, and reviewed the claims he made about himself and his work.

  ‘Members of the jury, we have printed off copies of three pages taken from Mr Busby’s website on Friday, by way of illustration. They are identical to the pages up on the site when Mrs Hunter visited it last year. Your Honour, I understand my learned friend has no objection…’

  ‘None whatsoever,’ Aubrey confirms, smiling.

  ‘Then may these pages become Exhibit one? With the usher’s assistance, there are copies for your Honour and the jury.’

  Dawn, today sporting a bright lime green blouse under her black gown, scurries back and forth, distributing the copies in a matter of seconds. They do make interesting reading. The first page is as follows:

  GERARD BUSBY BA (Oxon)

  Holder of the Diploma of the College of Astrological Studies of Wales

  More than 20 years’ Experience as a Professional Astrologer

  Gerard applies the millennia-old wisdom of astrology to help you with your problems in all areas of life. Among the questions he can answer are –

  Will the man or woman of my dreams come along – and when?

  Why am I having problems in my relationship?

  Will I get that job I’ve applied for?

  Where is that valuable item I’ve misplaced?

  Should I change career or go back to college?

  Should I invest in this new stock?

  I have to go to court: what will happen?

  Gerard works with couples, as well as individuals

  Pages two and three summarise Gerard’s successes in various of these areas, including questions about relationships, investments and new careers, and offer a selection of laudatory comments from clients about the accuracy of his predictions, his helpful manner, and his thorough, professional approach.

  ‘Members of the jury,’ Susan continues, ‘at this critical point in her life, Mrs Hunter decided to consult the defendant. She will tell you that she had reservations about it: she had never done anything of the kind before, and as a well-educated woman, she felt that she was in danger of trying to solve her problems emotionally rather than logically. She will tell you about her visit to Mr Busby’s office, which is in his home in Kennington, here in south London. She doesn’t remember everything Mr Busby said in a meeting that lasted for more than an hour, members of the jury, but she is clear that Mr Busby advised her as follows: she should pursue the offer of the new job with Le Chat Bien Paré in Paris; she would undoubtedly be offered the job; her husband would be given a transfer to his law firm’s Paris office; and she would be very happy with her choice. She remembers repeated references by Mr Busby to the planet Jupiter and her tenth house.’

  I glance across to the dock, where I see the defendant nodding.

  ‘By that time, members of the jury, Mrs Hunter had spoken to the agent for Le Chat a number of times, and shortly afterwards she was invited to Paris for an interview. Unfortunately, relying on what Mr Busby had told her, she had made no secret of what was going on at work, and on her return from Paris she was asked to resign her position with Girl’s Best Friend with immediate effect. Mrs Hunter wasn’t too concerned about that, members of the jury, as it was what she had planned to do anyway. Not only that, but she and her husband took a lease for a year on a flat in Paris, and he duly applied for a transfer to join her there.

  ‘But sadly, members of the jury, her dreams unravelled when the directors of Le Chat Bien Paré decided not to offer her the position, despite the recommendations of their agent, and despite the fact that, in her eyes, at least, the interview had gone well. Suddenly, in a matter of a day or two, she went from being a woman with a good job to a woman out of work and with no immediate prospect of work. Her husband had also made no friends at his law firm with his suddenly announced departure, and it was difficult for him when he had to apply to withdraw his request for a transfer and ask to remain in London. In addition, the Hunters were stuck with a lease for a year on an expensive flat in Paris.

  ‘Members of the jury, the prosecution doesn’t seek to avoid the fact that, leaving Mr Busby out of the picture, Mrs Hunter could have handled the situation far better than she did. It would no doubt have been wiser to make sure of the job in Paris before making it known that she had been head-hunted; and surely acquiring a flat could have been done when she knew that the job was on offer. We don’t seek to blame Mr Busby for those decisions on her part. What we seek to blame Mr Busby for is this.

  ‘He accepted money from Mrs Hunter – his fee being two hundred and fifty pounds – representing to her that he could accurately predict whether or not she would be offered the job she wanted. That misrepresentation was untrue and he knew it to be untrue, but he falsely and dishonestly assured her that his predictions were based on logic, or, as he put it, on sound astrological wisdom. He preyed on Mrs Hunter’s emotional condition and the difficult decisions she had to make, and lulled her into a false sense of security for which there was no logical basis whatsoever.’

  I see both Aubrey and the defendant taking copious notes.

  ‘Members of the jury, in due course Mrs Hunter complained to the police, an eventuality Mr Busby apparently failed to predict. DC
Trent, the officer in the case who sits behind me, interviewed Mr Busby at the police station in the presence of his solicitor. You will hear the interview read to you. I can summarise it for you quite simply. Mr Busby agreed that he was a practitioner of astrology, and that his work included answering questions calling for some degree of prediction, though he claimed that prediction was only one part of his work. He admitted having read charts for Edith Hunter, and to having predicted that she would be offered the job with Le Chat Bien Paré. He also admitted that Mrs Hunter did not in fact get the job, but he sought to explain that by saying that predictions reflect probabilities and not an absolute guarantee that the predicted event will occur.

  ‘He also suggested that Mrs Hunter had sabotaged her chances of getting the job, and caused difficulties for herself, by the way in which she pre-emptively moved to Paris without waiting for an offer. As I have already said, members of the jury, the prosecution accepts that Mrs Hunter could have handled the situation better. But we say, nonetheless, that Mr Busby predicted her success, that his prediction was dishonest and fraudulent and that he did this in return for a fee of two hundred and fifty pounds. Mr Busby was later arrested and charged.’

  Within the next few minutes Susan concludes her opening with a few standard remarks about the burden and standard of proof, and we are ready to begin the evidence. But we’re not going to do it immediately. Tony Morales and one or two other interruptions have taken us within striking distance of one o’clock, and we agree to adjourn a bit early. I extend Mr Busby’s bail throughout the trial, and rise. And so to lunch, an oasis of calm in a desert of chaos.

  A snigger runs round the judicial mess as I enter. Despite having risen early, when I returned to chambers I found several written applications on my desk needing my urgent attention, so I’m the last to arrive.

  ‘Have you got the famous astrology case started?’ Marjorie asks. I’ve been expecting a few humorous asides – the case of Gerard Busby has achieved a certain notoriety at Bermondsey Crown Court – and I’m bound to get some ribbing about it. ‘Has Chummy predicted fame and fortune for you?’

  ‘Never mind fame and fortune,’ Hubert says with his most annoying grin, ‘has he predicted what’s on the menu for lunch? That’s the real question. The dish of the day is Breton fish pie, by the way. Not bad, but it would take a bit of predicting, wouldn’t it?’

  ‘No, Hubert, the real question is whether he’s predicted the outcome of the trial,’ Legless counters. ‘You know, that could be a useful skill. It would save the court a lot of time if he could predict the results of all our cases, and think how much money it would save for the Grey Smoothies. We’d be in their good books forever.’

  ‘Well, obviously he can’t do that,’ Marjorie insists. ‘If he’d predicted that the jury would convict, he would have pleaded guilty early on and made sure of the one-third reduction in his sentence.’

  ‘Well, in that case he must have predicted that he’s going to get off,’ Hubert replies.

  They all laugh.

  ‘Very funny,’ I say. ‘He hasn’t predicted anything, as far as I know, though he did ask us all to tell him when and where we’d been born, so that he could analyse our characters.’

  ‘Did you tell him?’ Marjorie asks.

  ‘No, of course not.’

  ‘Oh, you should have, Charlie,’ she says. ‘It would be fun to see what he has to say about you. Perhaps he sees the Old Bailey in your future.’

  ‘If he sees anything in my future,’ I reply, ‘it’s probably the Grey Smoothies, and I can do without any more of that, thank you.’

  ‘Who’s representing him?’ Hubert asks.

  ‘Aubrey Brooks.’

  ‘What,’ Marjorie says, ‘with Susan Worthington prosecuting? I’d pay good money to see that.’

  ‘Aubrey, needless to say, has given Chummy his birth details. He told us.’

  ‘Well, of course,’ Marjorie says, ‘he probably had no choice if he wanted the case. Chummy would have insisted on making sure they’re compatible.’

  ‘Oh, Aubrey would do it anyway,’ Legless points out. ‘He’s so full of himself, and I’m sure Chummy is telling him he’s a sure thing for Lord Chief Justice in a few years’ time, if he can just get him a not guilty.’

  We all laugh at that thought, and the conversation drifts to other topics. At ten to two Stella knocks on the door and comes in.

  ‘Sorry to disturb, Judge Walden,’ she says, ‘but just to let you know, the Grey Smoothies are going to be here after court – Sir Jeremy and Meredith.’

  ‘You see, Charlie,’ Legless says, ‘you don’t even need an astrologer. You predicted that all on your own.’

  ‘Not by means of astrology,’ I reply, ‘just the voice of long experience. Did they say what they want?’

  ‘They’ve received a complaint of religious discrimination,’ Stella replies.

  I look around the table. ‘All right then, who’s been mean to the Salvation Army?’

  ‘Not me, Charlie,’ Hubert replies. ‘I’m always very nice to them.’

  ‘It’s in your court, actually, Judge,’ Stella says.

  ‘Mine?’

  ‘Yes. One of the women in your jury panel thinks her freedom to express her religion has been denied her.’

  I shake my head. Not for the first time, and without any help from Gerard Busby, I predict that it’s going to be a long week.

  * * *

  Monday afternoon

  ‘Mrs Hunter, what is your full name?’

  ‘Edith Dorothy Hunter.’

  ‘Do you live with your husband, Jim, in Hampstead, and is your husband a solicitor and a partner in a law firm in the City?’

  ‘Yes, that’s correct.’

  ‘And do you have one daughter, Amber, who’s currently studying for her degree at Durham University?’

  ‘Yes.’

  ‘Mrs Hunter, what do you do for a living?’

  Mrs Hunter pauses for some time, appearing rather distressed. She’s smartly dressed in a conservative dark blue suit, her makeup neat and understated, but there’s no hiding that life has dealt her a blow from which she hasn’t yet recovered. She removes a tissue from her handbag, though she doesn’t deploy it immediately.

  ‘I’m currently unemployed.’

  ‘How long have you been unemployed?’

  ‘Since September of last year.’

  ‘What was your occupation at that time?’

  ‘I had a senior managerial role with Girl’s Best Friend in London.’

  ‘Girl’s Best Friend being a well-known international jewellery retail company?’

  ‘Yes.’

  ‘Mrs Hunter, in May of last year, did anyone approach you regarding possible alternative employment?’

  ‘Yes. I was approached by an agent acting for the French jewellery company Le Chat Bien Paré, who asked if I might be interested in relocating to Paris to work for them.’

  ‘You were head-hunted, in effect?’

  ‘Yes.’

  ‘Did the agent give you any information about the salary and terms of employment you could expect with Le Chat Bien Paré?’

  ‘Yes. Putting it bluntly, the salary and perks were considerably better than I was getting with Girl’s Best Friend.’

  ‘How did you react to the agent’s suggestion?’

  She smiles sadly. ‘That’s not an easy question to answer. I was very attracted to the idea of moving to Paris – my husband and I adore the city, and we both speak French fairly well – and the terms were very generous. Also, Amber had effectively left home, so she wasn’t tying us down.’ She pauses for some time. ‘But we are a two-career family. Jim is a senior partner in his firm. They do have an office in Paris, but he would have to apply for a transfer; it wasn’t certain that there would be a position for him, and even if there was, if mi
ght not have been at the same level.’

  ‘So this was something of a difficult crossroads in your life?’

  ‘Yes, you could say that.’

  ‘Around that time, did you have a conversation with a friend, whose name, I believe, is Mrs Wilson?’

  ‘Pat Wilson, yes. I’ve known her for years.’

  ‘Was it within your knowledge that Mrs Wilson had recently been through some marital difficulties?’

  ‘Her husband was having an affair with his secretary, so you could say that, yes.’

  Susan glances across at Aubrey. ‘Give me a moment, Mrs Hunter: I just want to check that there’s no objection to hearsay.’

  ‘None whatsoever, your Honour,’ Aubrey replies with a smile. Well, of course not – his client is about to get a ringing endorsement.

  ‘I’m much obliged. Mrs Hunter, did Mrs Wilson tell you about something she had done in that situation?’

  ‘Yes. She said she’d been to see an astrologer, and that he had given her a good deal of insight into her husband and the situation that had developed, and laid out various options for her. She said that she found him very helpful and professional. She gave me his card.’

  ‘I don’t think there’s any dispute about it. Was the astrologer in question the defendant Mr Busby?’

  ‘Yes, that’s correct.’

  ‘What did you decide to do?’

  She pauses again, shaking her head. ‘I don’t know why, because I’d never had anything to do with fortune-telling of any kind before, but I decided to go and see him. All I can say is that I felt really conflicted, I didn’t have much time to think – the agent was pressing me for a quick answer – and I needed to decide what to do. Jim was willing to go with whatever I decided, but he needed to know. I thought, if this man was able to lay out the options for Pat, he might be able to do the same for me. I don’t know – looking back it seems mad now – but I thought he might somehow help me to reach a decision.’