by Neil Wild
“7. He accepted gifts and advantage from Levy in breach of his Professional Code
7.1 He was flown to Gibraltar with his family for two weeks at the expense of Clearfield (Exhibit XT 1 - 5)
7.2 He went with his wife and the Levy's to Paris and the cost was met by Levy (Exhibit XT 16 - 20)
7.3 Some twelve months after the settlement he went to Paris at Levy's expense with Mrs and Master Potter. (Exhibit XT 35 -40) “
Brakespeare and Lisa looked gloomily at the receipts and vouchers for airline tickets which Levy had assiduously saved in his files until the day that the Police removed them from his office.
"Well we're really down to the nitty gritty." said Brakespeare. “Christ, what is the man doing going on holidays paid for by Levy. What's this ‘settlement’ and who are Mrs and Master Potter?"
"Doesn't it say what ‘the settlement’ was?"
"Not that I’ve noticed among these papers. Who wrote this?"
Brakespeare turned to the back. It had the names of the three Prosecuting Counsel typed at the end; David Edwards-Mitchell QC, Andrew Evans and Stephen Luke.
"Well I don't believe it took a silk and 2 junior barristers to cobble this up." said Brakespeare.
"What's a silk?"
"Didn't they teach you that at University? Queen's Counsel are known as Silks because that's what their gowns are made of' “
“And what are other barristers gowns made of?”
“Stuff – and solicitors gowns too.”
“Thank you for sharing that with me.” Lisa acknowledged the unimportant information..
She stood next to him with her hands on her hips, still looking at the case summary.
Brakespeare said nothing but put his hands together as if in prayer, his forefingers on his lips, thinking.
Eventually she spoke. “You were right; it’s not looking at all good for David Newberry.”
chapter six
There was a knock at the door, and Margaret's head appeared.
"Sorry, am I interrupting something?" she asked looking rather pointedly at Lisa, still leaning over Brakespeare.
"Only a wake." Brakespeare replied.
Margaret looked puzzled..
"Mr. Newberry", Brakespeare explained. "It looks as if he may be buried, if not dead."
"Oh dear", said Margaret. "He's just been on the telephone, wanting to know what is happening. "
"Well, you'd better make an appointment for him to come in and see me. I'm afraid that I have some bad news for him. "
"Oh, well that's not very nice is it. Unfortunately I'm afraid that you will have to go and see him. You see, he has transport difficulties." She looked towards Lisa as if unwilling to speak the unspeakable. "
Lisa came to her rescue. "After he had been charged by the Police for these offences, David went on a drinking binge, but unfortunately drove. He was stopped by the Police for drink-driving and has been banned for 18 months."
"He lives in Malvern, doesn't he. Isn't there a bus or something." asked Brakespeare.
Lisa and Margaret looked at each other. Lisa walked to the front of the desk and smiled one of her smiles and said, "I think that it's expected that you will go and see him."
Brakespeare shrugged his shoulders. "Well as long as I get paid my travelling expenses, I can't object. Just fix me an appointment - I'll go. "
"How long will you need?" asked Margaret. Brakespeare sucked his teeth. "Hard to know. Depends what he has to say. I think I'm going to have to advise him to plead 'Guilty'" .
"You can't do that." said Lisa quickly.
"Why not?"
Lisa shuffled her feet. "Perhaps you should have a word with Mr. Mortimer."
"I think that's probably best." agreed Margaret. "I'll call Mr. Newberry back and tell him that you'll be over."
"Make it in the morning. "
"Ten o'clock?"
"Fine - make it for the whole morning." He glanced at Lisa. "I'll see Mr. Mortimer." and left the room.
Mortimer looked grave when Brakespeare came into his office and explained to him what he had read of the prosecution case so far.
"So what's the bottom line, Jonny?"
"Well it's an uphill struggle. First we have the discrepancy in valuations. 1 know that at this stage it is one man's word against another, but this chap Black is not going to stick his name on a valuation unless he is pretty confident about it. Add to this the fact that it looks as if Newberry did have a connection with Clearfield, and therefore might stand to gain from any fiddle. At the very least Mr. Newberry has got a lot of explaining to do. "
"So who else is involved in this conspiracy?"
"Well there's Levy of course, who is the man behind Clearfield. and Simon Simmons ... "
"Levy's solicitor."
"You know him?!"
"Of him.
"So there you have the picture. The eternal triangle that you need for a mortgage fraud. A bent mortgagee borrowing money - Levy; a bent surveyor – Newberry; a bent solicitor – Simmons."
Mortimer frowned. "Only David is not bent; not at all. I think we had better include that word 'alleged' somewhere." He gave Brakespeare a stern glance.
"Sorry - of course, but you get the picture?"
"Get the picture?” said Mortimer, thinking about the statement. “Yes, I do indeed." he said heavily.
Brakespeare could not understand why Mortimer seemed so annoyed with him. It was almost a classic case of the messenger being shot. Newberry must be of more importance to the firm than he had understood. Mortimer frowned at his desk, deep in thought. Brakespeare waited for him. Eventually Mortimer looked up; his lips pursed.
"So your next step is to see David?"
"Yes, Margaret is making an appointment for me to go and see him tomorrow. "
"Good. Well, I hear all that you say, but I am sure that you will agree that before any advice is given to David as to how he should plead, you need will to hear his version of events."
"Oh, sure, but I think he ought to know what we think. "
Mortimer looked at him sternly.
"No, I don't think that's right. You may think that he ought to plead “Guilty”, Jonny after a first look at the file, but 'we', and 'we' have known David for a number of years do not. Can I suggest that you avoid any conclusions until you have looked at the whole file in detail, and have heard what David has to say.
Brakespeare bristled visibly. Mortimer continued.
“ Look, I'm not trying to run this case for you, but David is an extremely important client. When I first started in this profession, I did my fair share of criminal work and litigation, as I said. Every new lawyer thinks that he's a Perry Mason, but the secret I soon learned, and I know Gordon will agree with me on this because we've discussed it in connection with cases on many occasions, is to pay attention to the detail of the prosecution case.
This seems to me like a typical half cocked Police case, and remember that you don't have to be all that bright to be a Policeman. The Police have collected sufficient evidence to satisfy themselves that they have a case. Remember that they aren't going to look for evidence which shows that they might be wrong. They started this investigation as a result of a complaint from what is now a major U.K. bank.
The Police then prepare their case and send it to the Crown Prosecution Service. The C.P.S. look to see if there is sufficient evidence to give them a reasonable prospect of securing a conviction, and if they do, the case goes ahead without any other consideration.
In the past, I've seen cases like this, where the Prosecution look as if they have a cast iron case, only to see it fall apart when facts of which the Prosecution have ignored come to light. Destroy the detail and you destroy the case"
Brakespeare had to restrain himself from interrupting this speech at several stages, but tried to argue back as soon as it had finished.
“I understand, and I agree entirely with what you say, but in this case .... "
He got no further. Mortimer co
uld be forceful when he needed.
"Jonny, look. In this case there are a whole lot of papers that you have not read in detail or at all; you don't know if the client has an explanation. It's far too early to give any advice to the client. When you see David, you must have an open mind. Besides, this is obviously a Crown Court case, you are going to need Counsel; let the barrister decide. "
There was a brief silence while Brakespeare digested all that Mortimer had said.
"Point taken. I'll be completely neutral, but I'm going to have to put the Prosecution case to him. "
"Of course," Mortimer smiled, with what seemed a little relief, "but another word of caution. I didn't tell you that David has a heart problem. He needs as little stress as possible - go easy."
"You're joking?"
"No, I'm not.” Mortimer drew himself up in his chair. “Jonny Brakespeare, this is one of the hardest cases that you're ever likely to come across. I know that the odds are stacked against you - or appear to be, but I want you to win it for us. That's why I brought you here."
“I’m going to find some lunch”, was all Brakespeare could think to say.
chapter seven
The road from Worcester to Malvern offers one of the most romantic views in England – that of the Malvern Hills - a designated area of outstanding natural beauty and inhabited by man since the Iron Age.
To music lovers it is Sir Edward Elgar country.
Brakespeare slowed the Fiat. He was going to be early, and the sight of the rolling countryside laid out before him calmed any anxiety he felt over the forthcoming meeting .
In one way, he was looking forward to meeting David Newberry, a man about whom he knew so much, but of whom at the same time he knew very little. A man against whom there seemed to be overwhelming evidence; but a man who was apparently going to deny all the charges against him.
The traffic in Malvern Link was, as usual, heavy. The pelican crossing was busy and the lights seemed to be permanently at red. As ten o'clock drew nearer, Brakespeare felt his stress levels rising again. He breathed in deeply
The house was not difficult to find. A tall 4 storied detached house on Worcester Road; opposite Malvern Link common. He brought the Fiat to a halt on the stroke of 10.00 a.m.
He had not brought any papers with him other than his Counsel's notebook beloved of all lawyers, with it's perforated sheets of lined writing paper.
With the notebook in his hand, he opened the wrought iron gate, and looked up to see a man waiting at the open door of the house at the end of the front footpath. He was tall and well built, with a shock of ginger hair, and the pink freckled face that people with such colouring usually have.
"Mr. Shakespeare? I was beginning to wonder where you were."
Brakespeare, glanced at his watch. One minute past 10.
"Brakespeare, Jonny Brakespeare. No relation to William.“ He tried to lighten the situation with a joke. “I'm sorry if I'm late, it's only just gone ten o'clock, according to my watch."
"Is it, oh well, my watch must be wrong then. Come in." The man was clearly on edge, and must have been waiting for some time .
Newberry held out his hand; Brakespeare shook it. The grip was not as strong as he would have expected from the taller man. It was also distinctly moist.
"You seem to be travelling light. "
"Well as this is a preliminary discussion, there seemed little point in bringing any papers over. "
"Have you read them?"
Now this man is distinctly aggressive, thought Brakespeare. "Enough at this stage to understand what the case is about. "
Newberry lead him down a gloomy hallway into a comfortable lounge at the back of the house. Brakespeare noticed how clean and tidy everything seemed to be. It did not have a "lived in" feel to it. The lounge was furnished with a green leather suite and dark wooden tables, but little else. On the walls were two or three mass produced oil paintings with brass lights above them. The whole room appeared elegant, but not necessarily comfortable, as if the owner was copying a style which did not come naturally to him.
"Sit down." The request was more of an order. Whatever else, Newberry did not exactly ooze charm, but, as Brakespeare often had to remind himself, people faced with a lawyer for the first time are often uneasy, and show their nervousness in an aggressive manner.
The leather of the chair creaked as Brakespeare lowered himself into it. "Well then." said Newberry.
"Well then." said Brakespeare, "perhaps you had better tell me what you make of it all. "
"Quite simple I did not undervalue those properties. "
"Right, but have you seen the valuations put on them by Black. "
"Black, who is Black?"
"Have you read any of the prosecution papers? "
"No."
"Oh. Sorry I thought that the firm might have sent perhaps the case statement over."
"I thought that you would be bringing something over. "
"Again I'm sorry, but as I believe you know, I only started yesterday "
"Yes, yes, I know but I thought that you might have checked up on the file to see what had or had not been done. "
Brakespeare could feel his stress levels rising again. Why are people invariably like this? Newberry was understandably concerned about the case; who wouldn't be when charged with a three million pound fraud, but like Mortimer, why shoot the messenger? Brakespeare knew that he needed to take charge of this meeting regardless of the consequences. After all this job was only a temporary assignment for him.
He made himself appear as calm as he could manage. He forced himself to give the most relaxed smile that he could, and looked Newberry straight in the eye, concentrating on one eye only, so that his gaze did not waver.
"Mr. Newberry, I'm here to try and help you. I know that Gordon Morrison is your solicitor, but it's not my fault that he's not around to deal with the case. I'm willing to give it my best shot, but give me a chance. "
Newberry glared at him, but then his gaze softened. He gave a big sigh.
"I'm sorry."
"I understand that this case is taking it's toll ... "
"Too right. I've been suspended by the National for a year while this bloody ridiculous investigation has taken place. I've had nothing else to think about. Is it surprising that I'm uptight. With all due respect when your solicitor suddenly goes out of action it doesn't help matters, Mr. Brakespeare .. "
"Jonny"
"Jonny - I'm desperate."
"I can see that. "
"Yes, but do you know what it feels like when everything is against you. When the establishment, or whatever you want to call it is out to get you?"
Brakespeare remained silent. There was no point in telling Newberry that he knew exactly how that felt. That would not help matters.
"I'm desperate; desperate and helpless. "
"You’re not helpless. That is why I'm here. Look, as I said, I understand, but a lawyer is like a doctor. Whilst I sympathise with you, and I do appreciate how you feel, like a doctor I can't become emotionally involved. All I can do is to use my professional skill and judgement to try and help you."
"And cure me."
"No lawyer can guarantee a cure. Unlike a doctor who simply has to cure the patient, a lawyer has to face another lawyer on the other side trying his best to kill him!. No doctor has to undergo that!"
To Brakespeare’ s relief, Newberry smiled, and then gave another big sigh. "Point taken. I haven't even offered you some refreshment. Tea or coffee?
"Tea please. Coffee winds me up too much."
Newberry gave him a pointed look. "Tell me about it. Come with me."
Newberry led him into the kitchen. It was a modem one with the latest design of kitchen units, as pristine and apparently as little used as the rest of the house.
"Have you lived here long" asked Brakespeare.
"About ten years."
"Even while you were working in London. Surely you didn't commute?"
"N
o, I worked in London during the week, and came home at weekends."
"That's expensive. "
"Not as expensive as buying in London - this house," Newberry gestured about him, "would cost four or five times as much in London. "
Brakespeare looked out of the kitchen window to the side of the North Hill and Malvern Wells. " ….and in London, you haven't got the views. "
"Exactly."
"But doesn't - didn't, your wife mind?"
Newberry stiffened perceptibly as he poured hot water into the teapot. "She accepted it. She has her own life. "
Shakespeare, merely nodded. Such things, if necessary, were for later. "What brought you here? Are you local?”
"Yes and no, I was born and bred in Worcester"
"So you've always been in this area?"
"Apart from a few years in Birmingham, just after I joined the National, yes.
There was a lull in the conversation while he prepared the tea.
“Let's go back to the lounge." suggested Newberry and lifted the teapot, two mugs, a bottle of milk and a packet of sugar onto a tray. "No frills catering I'm afraid.“ he said.
“Suits me.” said Brakespeare.
They went back into the lounge, and settled back into the chairs.
“So, how did you start out as a surveyor? “
“Well, I went to Worcester Royal Grammar, but I wasn't particularly bright, and so I left at 16 after getting a few G.C.E Certificates, and got a job at the old Worcester County Council in the surveyors department. I just worked my way up; sat the Chartered Surveyors exams and qualified as a surveyor about 10 years later, when I was 26."
“You didn't stay?”
“Well, no. Having qualified, there wasn't really a job for me!“ He laughed. "That's the worst of local government, you don't get promoted by ability, you either have to wait for dead men's shoes, or move on. So I moved on and joined the National as an in-house surveyor. "
“And from then on you did have the chance to work your way up?"
"Yes. You've heard of Clive Masters?"
Brakespeare was sipping his mug of strong Yorkshire tea, and nodded while trying not to splutter.
