by Neil Wild
"Funny, someone asked me that a few minutes ago. Well, everything about this case is…….. well it's the dodgiest set up ever.” He shrugged his shoulders in resignation. “I must be the only one not personally involved. Have you anything you need to tell me?" He was half joking; half serious, but was a little surprised when Lisa simply gave a half shrug and a smile.
He sat down at his desk; she sat opposite him and he explained to her what he had learned that morning, and ended with, "What a man; two families. How did he do it?"
He looked across to Lisa expecting a reaction, but received nothing but the same smile.
"Anyway he is insistent that we try and get the case thrown out before it gets to trial before a jury. Although I'm not at all happy about it, it seems as though making a submission before the magistrates may be our only option. "
"What do you mean ?"
"Well, as you know, certain cases, such as this one can only be tried by the Crown Court. In the old days, and for centuries it had always been the rule that you can only send a case before a jury if the local magistrates think that there is a case to send. One of the reasons was that for centuries the accused person could not give evidence in their own defence at trial; which is why the prosecution had, and still have, to prove their case beyond all reasonable doubt. Before the 1960's, all the witnesses were called before the magistrates and had to give evidence, so that the magistrates really did have to consider whether or not there was a prima facie case to send to trial. “
“That must have been along winded process?”
“It was and so the procedures were changed, so that firstly, witnesses did not have to give evidence; their statements could be read out; then the procedure was changed again so that the statements did not have to be read out at all unless the defence requested it, and finally if there was no challenge to the evidence, the magistrates could rubber stamp the committal for trial. "
"A bit of a farce really."
"Yes, but the right to run the case before the magistrates to see if they will throw it out still stands, and this is what we're going to have to do I think in this case."
"Will you be successful. "
"I doubt it, not in front of magistrates. "
"Why, what's wrong with them?"
"Middle aged, middle class, middle minded, and conservative. Always take the safe option. If PC Plod says 'I got him bang to rights, your worships,' then as PC Plod wears a uniform he must be right, even if he is lying his teeth out. "
Lisa sat back in surprise. "Oooh, you must have had a bad experience."
"No, just general experience," said Brakespeare with a sigh. "Ask any lawyer who has defended before magistrates; it's always an uphill battle. Although the law says you are innocent until proven guilty, you really have to prove your innocence before magistrates - only don't quote me. I'm not sure of the statistics, but most people who appear before magistrates and plead 'Not Guilty', are convicted. "
"I don't believe you. "
"Look let me tell you a story. I was in a country magistrates court, not far from here, and my client had been charged with speeding, which he denied. The Police said that they had followed him at a steady 45 miles per hour in a 30 miles per hour zone, or something. His defence was that they hadn't followed at a constant speed but had in fact caught up behind him, and so were travelling faster. It was a classic case of Police versus the Man in the Street. The Magistrates took two and a half hours, yes, two and a half hours deliberation on their verdict. Now if it takes that long then they must have some doubt and ought to acquit. "
"On the basis that they have to be satisfied beyond all reasonable doubt in order to convict?"
"Quite, but instead of acquitting, the Chairman comes out and says to my client, 'Mr. X, we're not sure what to do on this one, and so we're going to give it to the Police!"
"You can't be serious", laughed Lisa.
"Unfortunately, I am. We appealed and of course were successful in getting the conviction quashed. What chance do you think we have with Newberry and a three million pound, or whatever it is, fraud charge against him. Do you know what the magistrates will do? They'll say to themselves, 'if there's three million involved, then there must be something in it.' They wouldn't dare dismiss charges in a case of that magnitude. "
"So what are you going to do."
"The only way out of it would be to try and demonstrate to the Prosecution in some way that they don't stand any real chance of success, and persuade them to drop the charge. Unfortunately and at the moment I don't think that we are able to do that."
"I wonder if I can make a suggestion?" Asked Lisa slowly.
Brakespeare smiled quizzically.
Lisa continued. "While you were out, I thought that I might have a look at some of the papers."
"Oh" Brakespeare said with interest, "Go on."
"Well as I understand it, this man Black, who says that David Newberry's valuations are fraudulent, originally valued the properties about a year ago. He was then asked to give retrospective valuation for two or three years ago."
"That's how I understand it. "
"Well, everyone knows that property prices have been falling." She paused as if to make sure that she had properly paved the way for whatever point she was about to make.
Brakespeare nodded, "All property prices fell - it was the state of the market. "
"And so you would expect that the fall would be consistent." She said slowly.
"Meaning?"
"That all properties would have fallen by roughly the same percentage."
"Well, more or less depending on the area. Property prices fell more in some areas than others. "
"But these are all properties in London, in fact West London. "
"So they should all fall in value by more or less the same amount."
"But not according to Mr. Black."
"What?!"
Lisa pointed to a sheet of paper on his desk that Brakespeare had not noticed.
"What's this? "
"I put the figures on a computer spreadsheet, and this is what the result is in respect of the properties supposedly mis-valued. Black has some properties actually increasing in value over the last three years. Look"
She came round to Brakespeare's side of the desk and put the paper in front of him. As before, he showed no inhibitions in letting her body touch him as she demonstrated the figures she had printed out from her computer. Brakespeare wished that he had the courage to put his arm her.
The sheet listed all the properties which Black had valued. In one column she had entered Black’s retrospective valuations, and in the next she had entered his later and current valuations. In a third column of the spreadsheet she had calculated the percentage increase or decrease between the two valuations..
Sure enough, Black showed the properties increasing in value.
Brakespeare was getting excited. "What's the average increase?"
"11 % over the four years" .
"What we need is some data as to what actually happened to house prices at this time."
Lisa smiled. "I've already found that. The National publishes little brochures now and then, with information as to house prices. They’re also on the website"
"Oh, yes, I've heard news items on the radio and television quoting the National's figures."
"Have you ever been in Dick Ridley's room?"
"Not yet."
"Well he throws absolutely nothing away, and files things meticulously. He had no problem in finding the brochures for me, and bingo, this is what they say. "
She lifted the spreadsheet, and beneath it was another sheet of paper in which she had analysed the National's own figures.
Brakespeare stared at them. "I don't believe this. "
"It's true. According to the National, over the last four years house prices in inner London fell by 20.6% and in Outer London by 13.6%"
"Well either way, the average fall is, what, 16.5%."
"16.6% actually, b
ut if you compare that percentage fall to Black's 11% increase, you come to a 27.5% difference between what the National itself says happened to house prices, and what Black says happened, which means that is Black must be way out "
Brakespeare pushed his chair back, and leaping to his feet hugged the girl. She felt small and soft and yielding in his embrace. He was glad of the excuse. She did not resist, but allowed him to sway with her in his arms.
"Lisa, you're a genius."
"No, I'm no genius." she said laughing and gently pushed him away. “It’s just basic number crunching.”
"This spread sheet of yours, what else can it do?"
"Well we can put all the information we have into it and it will convert it into statistics; just as I have already done. I’m not sure what we will come up with, but it might be significant."
"Really, can we do it straight away?"
"Of course, if you wish. But remember, as far as computers are concerned, the motto is, "Rubbish In, "Rubbish Out" .
"Understood"
chapter ten
Lisa led the way to her small room in the attic of the office. On the way a visibly excited Brakespeare put his head round the door of Margaret's office. "Margaret, if anyone wants me I'm not available. I think that Lisa may have cracked the Newberry case, and we'll be working in her office. "
Margaret could have looked more pleased, he thought. There was something that she did not like whenever Lisa's name was mentioned.
"Oh, that's nice to hear. I won't disturb you. " Margaret replied.
In the office, Brakespeare squeezed himself into a chair next to Lisa, who sat at her desk. It was dominated by a large computer.
"Sure, I got Gordon to buy it for me. "
"He must love you." said Brakespeare, as a throwaway comment. He was unprepared for Lisa's reaction. She turned in her chair and stared at him. Her face was only a few inches from his.
"What makes you say that?" she demanded.
Brakespeare was genuinely puzzled. "To buy you the computer?"
"It's for the office. "
"I know it's for the office. "
"Well then," Lisa turned back to face the computer.
"Well then," added Brakespeare. There was a silence.
"Right," he said, in a jocular tone, "what are we going to do then. Had any good thoughts?" he asked, suspecting that she had. Lisa flashed him one of her smiles.
"Well it has occurred to me that we really ought to see where David was in all this. We know there were other surveyors who did the valuations."
"Yes, I noticed that, and they haven't been charged with anything. That's a good idea. Let's start by seeing how about seeing how many of the valuations were carried out by David. Is that possible. "
"Sure is."
With a skill that amazed Brakespeare, who had had no use for computers, Lisa called up her spreadsheet programme, and rapidly entered information which she asked him to call out from the prosecution evidence, into the boxes on the screen.
With a click of the virtual buttons on the computer screen, she then sorted the information into a meaningful order.
Then, by clicking on another button, marked "wizard" she quickly converted the information into a chart.
They worked both quickly and well together, and by late afternoon they had compiled several sets of statistics, printed out with coloured graphs and charts, giving the addresses of the properties, showing who had valued them and on what date, the valuation figure, and the location of the copy of the valuation in the exhibit bundles.
Brakespeare studied the statistics that Lisa had produced. “I don't believe this!" he said. "This is fantastic Lisa. You may have demolished the Prosecution case against David. "
"Do you think that you have enough to challenge the case in front of the Magistrates?"
Brakespeare thought before replying. "Well, we should, but again, the trouble is going to be to get them to accept all this. If the Magistrates understand as little about computers as me, then I foresee problems. "
"What can we do then?" She looked at him anxiously.
"I'm glad that you said 'we'. We, is going to write a letter to the Prosecution. It's the only way."
"Saying what?"
"Saying that there case is a load of old rubbish and that they ought to drop it. "
"And we've enough to go on."
"Well we've nothing else to go on."
"But won't this give the prosecution advance warning of David's defence."
"Yes, but they can't change the facts, can they. They can't change this information," he said, gesturing to the computer data that had been printed out.
Lisa gave him a slow warm smile.
"Good old Miss Barnes." said Brakespeare, wanting to kiss her – long and slowly.
"Ms. Barnes." The smile became broader.
"Would Ms Barnes type up the letter, on her computer?"
"It might put Margaret's nose out of joint. "
"Then take a letter Ms. Barnes, and remember, this is all down to you. I would never have thought about using one of these spreadsheet things. Right, who are we writing to. "
Lisa reached for the office file and opened it at the correspondence. "Crown Prosecution Service, Headquarters, 50 Ludgate Hill, London EC4M 7EX" she said as she typed.
"Right, let's see," and he began to dictate slowly, often pausing as he searched for the facts that he needed from the evidence. Lisa typed patiently, helping him to find information when she could.
"We write to invite you to consider, whether in this matter, there is sufficient evidence to show a Prima facie case against our client David Newberry.
At all material times, Mr. Newberry was employed as a surveyor with the National Bank .... "
"Building Society." Corrected Lisa.
"National Building Society, now the National Bank.
We presume that the thrust of the prosecution case can be gleaned from the line of questioning by the Police Officer in the case, PC ... “
He rummaged through the prosecution papers.
“Sorry, DC Durkin. Which is that our client had a connection with Jonathan Levy, and as a result of that connection, was allegedly instrumental in carrying out surveys which led to Mr. Levy's company, Clearfield Limited, being granted mortgages by the National Building Society, which would not, but for the surveys, have otherwise been granted"
"Is that right?", asked Lisa.
"Well there's nothing that I have read which suggests otherwise. I suppose that what I'm doing is to try and catch them out. If they say that there were other factors, then that tends to show that David's surveys alone did not, what's the word they've used in the charges .... 'ensure', that the National would accept properties for loans. "
"Very crafty". Said Lisa approvingly.
"That's what a lawyer is supposed to be. “Anyway .....
There is no evidence which has been served upon us which suggests that Mr. Newberry was instrumental in procuring such surveys from others, and in particular, your witnesses Dover and Baines, both of whom were surveyors under our client's supervision, make it quite clear in their statements that there was no pressure put on them in connection with their valuations.
Please find enclosed herewith a list of the mortgage transactions which are the subject of the charges, according to the surveyors who carried out the individual surveys.
We have broken your own data down into:-
the share of the valuations carried out by the various staff surveyors; Mr. Newberry carried out only 21% of the total surveys.
the overall proportion according to the value of the total mortgage advances; Mr. Newberry carried out surveys representing only 11% in value of the total monies advanced by the National Building Society.
This document is at this stage enclosed on a strictly 'without prejudice' basis only, and my not be copied or in any way used in the prosecution of this matter. At all times it remains the copyright of this firm”
"Why have you said t
hat, if they can't change the facts?"
"In this game never say 'never'. Remember that every day 50% of all lawyers lose their cases, and the other 50% win them. It's an insurance, just in case there is something wrong with this information .. "
"But there can't be. It’s all taken from the Prosecution evidence."
"As you said to me, 'rubbish in - rubbish out'. The fault may be in the evidence, and so I'm taking no chances. "
Lisa nodded appreciatively. "Good point, I'm learning a lot. Next?"
"We appreciate that there has been a vast amount of evidence served in this case, but we strongly suspect from our analyses, that no-one in the Crown Prosecution Service has actually sat down to consider what precisely the evidence shows; certainly as far as our client is concerned"
"That's telling them, isn't it?"
"No, it's fair enough for a professional letter. Besides, we're not going to get this case dropped unless we frighten them. “
Moreover in relation to the purchase price at which Clearfield Limited declared it was paying, Mr. Newberry’s average valuations were within 95% of the actual purchase price, with your witness Mr. Dover's average valuations less at 90% and your witness Mr. Baines' valuations at more at 97%.
In short the valuations of the three National surveyors were all within 7% of each other in their valuations, and all valued the properties at less than the purchase price.
We therefore have to suggest to you, that the analyses indicate that there is nothing untoward as far as our own client's valuations are concerned, especially when compared with those of his colleagues whose evidence you seek to use against him, and it seems to us that to select our client of all the surveyors for individual prosecution is little short of malicious. "
"Aren't you making that a little strong? That's a serious charge to make against the Crown Prosecution Service. "
