by Neil Wild
“O.K.” said Breezie, “there are two issues here, and the important one at the moment is the question of the validity of Black’s valuations. You are, it seems, confident that they are faulty.”
“Yes.”
“And do you agree, from a professional point of view, with what Mr. Brakespeare has said about Mr. Black’s credibility, should he in any way alter his evidence.”
“Yes, it will show that he had not made that ‘detailed study of the case elements’.” said Newberry.
“Very well,” said Breezie smoothly, “we shall no doubt see what transpires. Let’s move on , shall we.”
Brakespeare was emboldened by what had happened, “Well no, with respect, I think we should consider the valuation question some more, you see I had it in mind to use the spreadsheets to challenge Black’s evidence before the Magistrates, but we need to do it at the Crown Court.”
“Crown Court” asked Breezie querulously.
“Yes, you see, as I put in my Instructions, Mr. Newberry does not want – rather he cannot afford to let this matter go to jury trial, because of his health problems.”
“Ah yes, the heart condition. Mr. Newberry, as I am sure you will appreciate, many people want to avoid a jury trial for a multitude of reasons. They are very, very stressful for all concerned, including the barristers. But that is not enough reason to make the preliminary application to have the case struck out, as Mr. Brakespeare suggests. A case would have to be pretty hopeless to stand any chance of such an application being successful, and while we have a lot of preparatory work to do in this case. At the moment I cannot see anything that strikes me as a knockout blow.”
Brakespeare was about to intervene again, but he need not have worried. Newberry had quite clearly come prepared to fight his corner.
“Mr. Breezie, let me offer my own thoughts and observations.” Breezie nodded as Newberry pulled some more papers from his bag. “I’ve written them down,” he said, handing the copies out, “but if I may I’ll go through them with you.”
“Have you seen these before, Mr. Brakespeare?” asked Breezie.
“Er, no.”
“That’s right he won’t have. Now the first point I want to make is about the Charge. It says that I would “ensure” that the National accepted as security ’properties’ which did not represent the value attributed to them.
The simple fact is that as with any other surveyor I was in no position to "ensure" anything. The Valuer reports on the building, and the assessing officer, that’s someone who makes the lending decision, assesses the report and all other matters relating to the application. The National’s system made it impossible for me to "ensure" anything at all! How is it suggested that I did?”
Breezie again nodded, “Well you are quite right, there is no such evidence. You were not in any way involved in those valuations prepared by your colleagues?”
“Any input from me would have been in relation to the valuation technique and not with regard to the actual values adopted.
“So you did have some input?” pressed Breezie.
“No.”
“But you have just said that you did.”
Newberry let out a deep and exasperated sigh. “Why do you lawyers have to twist things. I said “any input” referring to valuations in general, not any specific input to the valuations of the properties that Black has valued.”
Breezie smiled and leant gently across the desk.
“Mr. Newberry, I am asking simple questions here in a conference in my Chambers. This, I assure you is nothing compared to any cross examination at a trial.”
“Which is why I want to avoid a trial.” Newberry shot back, and theatrically reached in his inside beast pocket from which he took a packet of pills and swallowed one, washing it down with the remnants of his coffee.
“You think that the stress could really induce a heart attack in you?” asked Breezie.
“Yes.”
“Seriously”
“Yes”
“Well then - Mr. Brakespeare, we shall need a medical report to that effect.”
Brakespeare nodded”.
“Can you just explain your problem to me in briefly, Mr. Newberry.”
“It’s simple. If I have stress, this could cause my circulation to ‘decompensate’, which could, if the sort of stress I am likely to have at a trial, is high, lead to heart rhythm irregularities including sudden death.”
The barrister and his pupil looked shocked. Breezie took in a deep breath through his nose.
“Well we obviously don’t want that. I do see that the question of trying to avoid a trial is quite an important one. However,” and he looked straight at Newberry, “I am sure that you would want to clear your name at all costs.”
“Not if it’s the last thing that I ever did.”
“So you see, we do seriously need to look at an application to the Court to get the charges dismissed.” urged Brakespeare.
Breezie shook his head. “Mr. Brakespeare, we need Senior Counsel for this.”
“Senior what?” Queried Newberry.
“Queen’s Counsel, Silk, call them what you will Mr. Newberry.”
“A Q.C., really?” asked a surprised Newberry.
“Yes, really. While I would be happy to take this case on it’s own, with the amount of money allegedly involved, and the issues we have discussed this afternoon, I would be far happier if the expertise of Queen’s Counsel were employed in this case. What do you think Mr. Brakespeare.”
Brakespeare thought, and then chose his words carefully. Turning to Newberry he said. ”You know that there are problems with your case David, as we have discussed. You’re up against the establishment which has endless resources and faceless prosecutors who see you only as a name in a file.
So,“ he took a deep breath and paused, “if Mr. Breezie feels that he wants to add a team leader, then I would go for it.”
Newberry did not hesitate. “I rely on you both, so if that’s what you want let’s go there.”
“Good”, smile Breezie. “Mr. Brakespeare, have you anyone in mind?”
Brakespeare started to think of the names he had come across in the past, but Breezie did not allow him to indulge in too much reflection and almost immediately continued. “We have a very eminent silk in Chambers, Geoffrey Blaker QC. I would recommend him.”
Newberry looked at Brakespeare who had not thought of any other name. He would have preferred to have gone away and telephoned some of his former colleagues, but clearly Breezie wanted to keep the work in his own Chambers, and it would have the advantage that if he and Blaker knew each other, then the better chance of the team working. He shrugged.
“I’m afraid I’ve never heard of him, but then I don’t suppose that he has heard of me. Where is he, here in Birmingham or London.”
“In our main chambers in the Temple, but that should not be a problem. Good, well if you’re happy Mr. Newberry, what I propose is that we adjourn this meeting. Mr. Brakespeare, you know what you have to do, and when you have fully proofed Mr. Newberry, then I suggest that we have a consultation with Mr. Blaker.”
“How long will that take, will there be time” asked Newberry.
“Well I can’t see this matter coming on quickly as I have said”. replied Breezie.
“I would have thought it’s going to take a week or more if I am to take a statement from you with the detail that I know we have to have, let alone go through those boxes of evidence with you. Say a consultation in a month!” added Brakespeare.
“A month!” exploded Newberry.
Breezie came to the rescue. ”Mr. Newberry, I can assure you that if Mr. Brakespeare can do all that is necessary within a month, then you will be in very capable hands.”
He stood up to bring the meeting to an end, and walked round the side of the table.
“Mr. Newberry, thank you very much for coming. We shall be meeting again. I just want to say this. Although barristers like myself and Mr. Blaker take on m
any cases a year, we do this job because we not only want to win, but because we want to see justice done. I know that this has been a relatively short meeting, but I have had the chance to meet you, and I will say one thing a lawyer very rarely says to his client, and that is that I believe you. I do not believe that you deliberately set out to defraud the National Bank. You may have been a little unwise in some of your dealings, or at least the timing of them, but I can see that you are not a crook. We will do our best to make sure that you are acquitted of these charges.”
He smiled, put one hand on Newberry’s shoulder and shook his hand.
He offered a hand to Brakespeare who took it. He was still smarting at the way that Breezie had tried to compromise him, but he also knew that he had to work with this man – at least if he was going to stay with the case.
“I think Gordon would be very pleased with you.”
“Thank Miss Barnes. You said that you knew her.”
Breezie sighed and turned away. “Yes, I know of her, but I’m afraid that I don’t approve of her.”
“Approve?” asked Brakespeare incredulously. “What is there to approve of?”
Breezie shrugged and opened his hands. “Perhaps ‘approve’ is not the mot juste. I don’t think that we need take that any further, however I do think that Mr. Newberry can have confidence in you.”
“Gee thanks”, said Brakespeare. How condescending can you get? he thought.
“Please Mr. Brakespeare, however boring it will be, do go through those with Mr. Newberry documents in detail. There may be well something in those exhibits which fits in well with our defence. I want Mr. Newberry to be alert to it.”
“Don’t worry, I will”, replied Brakespeare, not relishing the chore.” There’s a lot riding on a successful outcome of this case.”
Brakespeare did not let Newberry start a conversation until he had found his way out of Birmingham, and was well on his way down the Hagley Road to the M5. He had no difficulty in keeping Newberry silent. Both of them, it seemed, had a lot to think about.
“Well, what did you make of it?” asked Brakespeare, initiating the conversation.
“ Well, he does remind me of the medical specialists I have seen. Top drawer public school; makes sure that there is an arm’s length between him and the patient, but I would have hoped that he could have been more positive. Instead, he has passed the buck to Geoffrey Blaker QC to make the decision.”
“I’m afraid that we’re going to get to know each other well before then,” said Brakespeare.”
“I look forward to it.”
“However, I’m afraid it’s going to have to be at my place, not yours.”
“But you know I can’t drive”
“Sorry, but there’s no way I can bring all those boxes of exhibits over to Malvern. I’m afraid that you’ll have to rely on public transport, or else pay for a taxi.”
“So what are we going to do?”
“Leave no shred of evidence unturned.”
“And what was that stuff about you being negligent.”
“Not sure. There’s something not quite right about him. I can’t put my finger on it yet. I think he was just trying to put me in what he thinks is my place as a common or garden solicitor.“
“Funny that, seeing who he is.”
“Who is he?”
“Don’t you know, he’s Gordon Morrison’s brother in law.”
“What” howled Brakespeare.
“Lookout” shouted Newberry as Brakespeare tried to mow down a pedestrian on a crossing. Brakespeare skidded to a halt in time to receive an angry look from the woman.
“Are you serious, Breezie is Morrison’s brother in law?”
“I’m surprised you didn’t know. I don’t mind. Keeps it in the family.”
A car horn from behind persuaded Brakespeare to start moving again.”
“But it doesn’t make sense. Why mention negligence about his brother in law’s own firm. Have you met him before?”
“No, I only know of him through Gordon. He says he’s very good.”
“When did he tell you that?”
“Oh, ages ago in general conversation.” He turned in his seat to look at Brakespeare. “Don’t get paranoid. You know that we all know each other.”
Am I getting paranoid? thought Brakespeare. Everywhere he turned in this case there appeared to be connections. Why did they chose him as a locum? Was it because he had a good reputation, or was it because they knew that he was damaged goods and might not ask too many questions?
“I take it that you’ve never met Breezie before?” asked Brakespeare.
“No, I haven’t.”
“Well that’s something”.
“You are paranoid. Look, you do business with people you know and trust. I know and trust Gordon.” He paused. “I’m getting to know and trust you, and Breezie is also known and trusted by Gordon. That’s all there is to it.”
“You trust Breezie?”
“Shouldn’t I? I trust you all.?” He paused. “I have to.”
They had reached the end of the Hagley Road and Brakespeare turned down the Quinton Expressway to join the southbound M5 motorway.
“You do understand that the application to the Court is not guaranteed to succeed, and if it fails, while it is not the end, as far as your ‘Not Guilty’ plea is concerned, we shall have shown all our aces to the Prosecution?” Brakespeare asked.
“I understand, but I have to take the risk.”
“On that basis, can you call me tomorrow to arrange to meet. I need to clear my desk as far as I can before seeing you, because I think that taking you through the evidence is going to take some time.”
chapter eighteen
It was half past five by the time that Brakespeare had taken Newberry back to Malvern. They had spent most of the remainder of the journey in silence. There was not a lot more to say. Whether or not Newberry felt any happier after the conference Brakespeare was unable to tell.
Brakespeare knew that it was hard for Newberry to sit and wait for the panoply of English law to creep forwards. Having been in a similar position himself, he could empathise. He wondered whether or not to go to his digs or to the office. There was nothing to do at the digs and so he drove into College Yard.
He was surprised to see Lisa sitting at his desk, and she looked up rather guiltily when he walked in.
He noticed that against one wall of the office the exhibits had been taken out of their boxes and stacked in a tall pile. He looked at Lisa quizzically.
“Well if you’re going to take David through the evidence, I thought that we’d better get it all out.”
“Who told you that.”
There was a silence and Lisa was saved from answering, as Margaret walked into the room
“Mr. Breezie called after you had left him. He told us what had happened at the conference and what he had asked you to do, and so we decided that we had better make a start.”
“Breezie called you to tell you what went on.”
Margaret went quiet and looked at Lisa who gave her no support but looked down.
“I’m afraid it was possibly out of habit. Mr. Breezie always telephones me to explain want went at conferences with Mr. Morrison, so that I can make notes and make arrangements for anything that has to be done.”
Brakespeare looked at her coldly.
“Mr. Breezie being Mr. Morrison’s brother in law.”
There were audible gasps from both women.
“Good job Mr. Newberry told me or I might never have known, might I?” he asked menacingly.
There was a silence. Margaret was completely thrown. “I’m sorry”, was all she could say, and scuttled out.
Lisa looked at him anxiously.
“You knew?” he asked.
She nodded.
“Why not tell me. That man is a pompous bastard. Just because he is your boss’s brother in law he thought he could treat me like a piece of shit. Tried to accuse me of negligence in writin
g that letter to the C.P.S.”
“If it’s any consolation, I don’t like him either.”
“So why not warn me?”
She shrugged. “I don’t know what you know, and what you don’t know, or what I’m supposed to tell you or not tell you. You know what it’s like. Office politics and so on.” She looked up. “I keeps meself to meself and does as I’m told.”
Brakespeare could not help but smile at her Eliza Doolittle impression.
“O.K., but if there’s anything you feel I should know in future, tell me.”
Lisa nodded.
“Is there anything?” He put his hands on the desk and lent over towards her. He was smiling as he did so; he was half in jest, but was surprised to see an anxious look again flit across her face.
Then she sat up. “No of course not”, she said, and immediately pulled some papers towards her as if to change the subject.
Brakespeare stood back and looked at her. He response had not been convincing. He bit his lip, and decided not to purse that matter. He pulled up a chair, and tried to look as relaxed as possible. “So why don’t you like Breezie?”
“For all the reasons you said; he’s a pompous bastard.” She stood up, walked to the open office door, and closed it, resuming her place in Brakespeare’s chair.
She smiled grimly. “Now you’ve met him, where do you think he comes from?”
“Comes from?” asked Brakespeare with surprise.
“Yes, what are his origins?”
“Does that matter?”
Lisa did not reply and Brakespeare was forced to continue.
“Well I expect he’s a typical barrister; Public School, Oxbridge etc. etc.”
“Wrong, and that’s why he is like he is. He went to Battersea Grammar School, and then to Keele University. When he went there he had a London accent you could cut with a knife, but he had to share a room with a genuine public schoolboy, and soon changed his accent and learned all the airs and graces. He’s no better than I am really.”
“Is that why you don’t like him?”
“Among other things.”
“What other things.”
“It doesn’t matter.”
“How do you know all this.”
“Gordon told me.”
