Give The Devil His Due

by H G White

  ***

  Expert witnesses had been called from both sides; they had given their opinions based on complex scientific processes relating to document authentication. One analysis had indicated this, another that. They were prepared to vouch for the age of the note, but nobody seemed to really put their reputation on the line and say that the document was absolutely genuine. Some said the signature was very likely to be that of Edward De Villiers, some said that it was just as likely not. The only thing that seemed certain to me was that it was all very uncertain. Maybe the thought of a Hitler Diaries-revisited scenario was what led all these guys to be fence-sitters big-time.

  As the case drew to a close, and the judge was summing up before announcing his decision, I began to have another of my horrible feelings. Watching De Villiers; he was so smug, so full of it; just like that day in his office when he’d have been quite content to watch Brian the Thug break my limbs and probably do the same to Phil and Peach. I began to wonder: What if Mart hadn’t done the business? Would one of us have ended up a corpse? It didn’t bear thinking about.

  During one of the breaks, Vaughan and Phil had expressed their doubts to me about the case’s outcome. I asked Peach what would happen if Peter lost. All he would say was that he wasn’t going to lose. If Peter won the case, costs would be awarded. But if not, there was no way that we could all stand by and watch Peach pay De Villiers’ costs. God knows what they were going to be. Without doubt, the total would be well into six figures, taking into account all the personnel involved and research that must have been conducted in order for De Villiers’ legal eagles with their hours billed at extortionate rates to put forward his best defence.

  As Judge Urquhart made more and more negative comments directed towards Peter, Richard and Peach, I started to feel nauseous. Now was the winter of our discontent, and I was certain that unlike the temperature provided by the courtroom heating system, things for us were just about to get that little bit colder.

  The judge had his glasses on. ‘I have listened with great interest to all the evidence presented to the court. Never in all my years on the bench have I been called to take a decision on a dispute that has evidence spanning such a timeframe. I have to say that on balance, both sides have had more than an adequate opportunity to state their case.’

  He was now looking at Peter. ‘I have here the promissory note which you have put forward to the court as the foundation of your action; and it is indeed a document of great interest. However, I am sure you realise that in circumstances such as these, should there be any doubt whatsoever, the court must find in favour of the defendant. Unfortunately Mr Steadman ...’

  I looked over at De Villiers. As he turned to whisper something into Julius Grey’s ear, he caught my glance and winked at me as if to say ‘Gotcha’. I tried to picture him as I’d seen him a month earlier – a dishevelled, blubbering mess, sitting in his own excrement on the office floor. I was hoping it would in some way give me comfort but it didn’t. How I wished I could turn the clock back and let Mart really go to town and level his office. The guy was a wanker.

  The judge continued. ‘I have to say on this occasion, I do ...’ He had stopped mid-sentence. ‘Excuse me for a moment …’ He gesticulated for the clerk to approach the bench. The clerk moved forward and there was muttering between the two of them.

  I looked at De Villiers. He was still grinning at Grey and saying something, probably about the costs coming their way – courtesy of us!

  Without warning, the clerk walked over to where De Villiers and Grey were still congratulating themselves, picked up the nearly full jug of water that they'd been using to top up their glasses, and started to walk back towards Judge Urquhart. De Villiers stopped grinning and in response to such an affront barked at the clerk, ‘I'm drinking that. Put it back, now.’

  The judge expressed his displeasure. ‘Mr De Villiers! That jug is the property of the court and the clerk shall do no such thing.’ That was telling him.

  De Villiers was starting to get angry. ‘What is this?'

  ‘Mr Grey, please advise your client of his position within this court.’

  De Villiers was really put out. ‘I think you sir, should talk to the organ-grinder, not the monkey.’

  Oh dear! Even I (with my sheltered upbringing) knew that you don’t speak to a judge like that, especially one that's about to give a ruling that could go against you. Julius Grey didn’t look too happy about being referred to as a monkey either, come to that.

  ‘Mr Grey! This is the last time I shall say this. If your client speaks again I shall have him removed and held in contempt.’ Julius Grey put his hand on De Villiers’ wrist stopping De Villiers from waving angrily in the Judge’s direction. It was then that I noticed something.

  I scribbled a note and passed it to Phil whispering, ‘Give this to Peach.’

  Peach was seated in front of Phil, but at a stretch, Phil could get the note to him. Phil looked at the note first and looked back at me with raised eyebrows as if to say ‘What the fuck's that mean?’.

  I hissed, ‘Just give it to him, quick.’

  Peach took it, glanced at it, looked over in De Villiers’ direction then wrote something on a piece of paper, which he pushed in front of Coleman. Coleman read what Peach had written and immediately rose to his feet. ‘My Lord, I submit that there is vital new evidence which has only just come to light.’

  ‘Mr Coleman, I hope for your sake you are not just wasting the court’s time. Are you in possession of this vital new evidence? Or are you seeking an adjournment?’

  ‘No My Lord, I am not seeking an adjournment. The evidence I wish the court to examine is here at this very moment.’

  ‘And what new evidence is this, may I ask?’

  ‘Your Lordship might have noticed that the defendant has a ring on the little finger of his left hand. This is the vital new evidence that has come to light.’

  ‘Mr Grey,’ the judge looked at De Villiers’ barrister, ‘the ring your client is wearing on his left hand, would he be willing to offer it to the court so that it may be examined?’

  ‘I fail to see the relevance My Lord.’

  ‘Your failings are not the court's concern Mr Grey. The ring on your client’s left hand, however, is.’

  Grey consulted with De Villiers. ‘My Lord, my client insists that the ring has been on his finger for many years and cannot be removed.’

  I thought You lying barristard. Suddenly, I had one of my engaging-mouth-before-brain moments. I don't know what made me do it; the words just came out, and loudly. ‘Well, he wasn't wearing it yesterday!’

  The judge was looking in my direction. ‘Who said that?’

  I stood up and bowed my head. ‘It was me My Lord. I don’t know what came over me. I can’t apologise enough.’

  ‘Give me one good reason why I shouldn't have you removed and held in contempt?’

  He stared at me. I wasn't sure whether or not he really did want me to give him a reason, but as he was staring, once again my mouth opened up – and out it came.

  ‘My Lord, he's interrupted you three times’ (I pointed to De Villiers) ‘and I've only done it the once. So, by letting him stay, and throwing me out, you'd kind of, well, be breaking a precedent that you've already set, if you know what I mean, sort of, legally speaking.’

  ‘Young man, from your rhetoric, am I to deduce that you harbour aspirations to become a student of the law?

  ‘Er, no sir.’

  ‘That is indeed a relief to us all.’ There were a few chuckles from the gallery.

  ‘As you are, how shall I put it, blissfully ignorant of what is deemed acceptable etiquette within the confines of these four walls, please let me enlighten you. This is a court of law and the earlier warning given to the defendant applies to you and everyone else present.

  ‘I am not a vindictive man, and so you may remain, but be under no misapprehension, any interjection from you will be dealt with swiftly and severely. I suggest that in fut
ure you hold your tongue. Is that clear?’

  ‘Yes My Lord.’

  ‘Very well, we shall proceed.’

  That was telling me, but at least he hadn’t chucked me out.

  ‘Mr Grey, please inform your client that although we do not feel the need to employ security cameras inside the court, there are however, several situated in and around the building, and they are recording at all times. May I also ask you to remind your client that perjury carries a minimum tariff of ...’

  ‘My Lord, my client has just informed me that the heating conditions within the courtroom have facilitated a loosening of his ring.’

  I put my head down and my hand over my mouth, trying to stop myself laughing. Phil and Vaughan were having similar problems. This wasn’t a court; it was a Carry-On film! A ‘loosening’ of De Villiers’ ring? There was a bit of déjà vu going on here.

  The judge signalled to the clerk to bring him the ring. The clerk walked over to De Villiers, who begrudgingly parted with the jewellery. Moments later the ring was in the possession of Judge Urquhart.

  The judge studied the ring carefully and then the document, putting his magnifying glass on his desk. The court was silent. The judge beckoned the clerk forward and handed him the document and ring, giving his instructions.

  Using the court’s overhead projector, the clerk shone the image of the document on to the white screen that had been set up in the court for papers to be shown. He then placed the ring in front of the court’s video camera, which had a feed to a monitor set up adjacent to the projector screen, as he focused the lens, the ring face became clear.

  Suddenly there were gasps from the gallery. The impression of the wax seal on the document and the ring face were what I would describe as almost identical – apart from one tiny black spot visible within the seal.

  ‘Mr Grey, it would seem that the impression on the wax has been made by the ring. Do you agree?’ asked the judge.

  Grey paused. ‘My Lord, I would agree they are similar, but not identical. If I may …?’ Grey pointed. The judge nodded.

  ‘It is apparent that the impression cast on the seal does not have the definition of the ring, in addition, there is a flaw in the seal, a dark spot to the left of centre. Therefore, as I stated previously My Lord, they are not identical.’

  ‘Mmm … I am not convinced Mr Grey. I see that Doctor Stevens and Professor Hull are still present. Perhaps one, or even both of you for that matter, might be kind enough to offer the court an opinion. Gentlemen?’

  Professor Hull spoke. ‘If I could take a closer look My Lord … and if your Lordship would be so kind as to ...’

  Judge Urquhart already had the magnifying glass in his hand. He motioned to the clerk who passed it to the professor.

  ‘Thank you My Lord.’

  Professor Hull proceeded to scrutinise each object. After about a minute, he placed the magnifying glass on the table.

  Judge Urquhart looked at Professor Hull. ‘Well Professor, have you formed an opinion?’

  ‘Yes My Lord.’

  ‘Will you share it with the court?’

  ‘Yes My Lord. My opinion is this: the ring on the table is indeed the ring used to cast an impression upon the sealing wax that is on the document in question.’

  Grey was on his feet. ‘My Lord, I would like to strenuously object!’

  ‘Strenuously Mr Grey?’

  ‘Yes My Lord. Professor Hull's opinion is merely that, and should not be taken as conclusive. If it pleases your Lordship, may I once again draw the court’s attention to the depth of impression, and the dark area that is visible upon the wax?’

  The judge looked at Grey. ‘It pleases me Mr Grey to draw your attention to the fact that Professor Hull is an expert witness that has been called by the defence.’ Oh dear, the judge sounded like he was having his button pushed by Grey discrediting his own witness.

  ‘Please, Professor Hull, continue ...’

  ‘Thank you My Lord. I was about to say, that I am also of the opinion that the less-defined impression on the sealing wax is due to the excessive temperature of this courtroom.’

  Of course! The heat was making the wax soften slightly.

  ‘And the darkened area, Professor Hull. Do you have an opinion regarding that?’

  ‘My Lord, although it looks large because it is being magnified during projection, it is in fact very small, and I am in no doubt whatsoever that it is a strand of hair.’

  There was more chatter from the gallery. Peach and Coleman were conferring. De Villiers looked like he was going to throttle Grey.

  Coleman rose to his feet. ‘My Lord, as Counsel for the claimant, I would like to request an adjournment until conclusive forensic testing has been carried out on the sealing wax of the document and ring. Furthermore, the tests are to include a DNA test of the strand of hair contained within the wax.’

  ‘Anything else, Mr Coleman?’

  ‘Yes My Lord. A DNA test to be taken from the drinking glass directly in front of the defendant.’

  The chattering in the gallery had now become full-on conversations.

  ‘Order, order!’

  Charles De Villiers now looked like he wanted to kill someone. He was slowly reaching for the glass, hoping that with all the commotion no-one had noticed him doing so.

  Judge Urquhart boomed, ‘Mr Grey! Unless your client wishes to be charged with perverting the course of justice, I suggest he remove his hand from the close proximity of that evidence, NOW!’

  De Villiers put his hand back on to his lap. The clerk walked over to the table and using a piece of white paper picked up the glass, quickly removing it to the table directly in front of the judge.

  ‘I am adjourning this hearing for twenty-one days. The three items of evidence shall be logged by the clerk and will remain in the court’s charge. Collection of the items and tests that are carried out must be by a laboratory that is approved by the Home Office. A list of such laboratories is obtainable from the clerk of the court. That will be all.’

  The judge stood up, immediately mirrored by the clerk. ‘All rise.’ The judge gathered his papers and walked out. Suddenly the place was a-buzz with excitement. De Villiers and his brief were having serious words. Richard Coleman and Peach were examining a list provided to them by the clerk.

  I looked at Vaughan. ‘Any thoughts?’

  ‘Yes, I'm starving dear boy, starving!’ It was time for us to have something to eat.

  So we had three weeks to wait ...

  Chapter 34

  Three weeks seemed like three years. The day of the reconvening finally came; we were on eggshells.

  When De Villiers and his team arrived at court again they looked confident and very rich in their Savile Row suits. Our lot still appeared like the very poor relations. Peachy’s suit looked less Savile Row, more Jimmy Savile. And Peter looked extremely unwell; all the stress was starting to take its toll.

  As we waited in court for Judge Urquhart to take his seat, I was beginning to feel sick again. Once this thing was over, win or lose, I was going to have a holiday in some form or other.

  The judge entered and we all stood up. The formalities of going through who was who and why they were present dispensed with. We were back to where we had left things three weeks earlier – with the required tests now having been carried out.

  The judge was reading the papers in front of him. Although it had been up to each side to choose its preferred lab and pay for tests to be done, the test results themselves came to court direct. I guess this was to stop them being tampered with.

  The judge called the clerk forward. Both sides were issued with duplicates of the results. Judge Urquhart motioned to the clerk to read the results to the court.

  ‘As you will see before you, the evidence that was submitted has now undergone testing. Each party has chosen a different laboratory, but each result has the same validity within this court.

  ‘With regard to the sealing wax contained on the document and
samples taken from the face of the defendant’s ring, it has been concluded that traces of the wax taken from the ring are an absolute match to that used on the document. It is also stated that there can be no question that the ring submitted for testing is indeed the ring that was used to seal the document tested.’

  De Villiers had a look of incredulity on his face.

  ‘With regard to the DNA test from the hair found embedded within the wax seal – Sample (A), and saliva taken from the drinking glass used by the defendant – Sample (B). The findings are these: The DNA is not an exact match.’

  De Villiers was starting to look smug again.

  The clerk continued. ‘Consistent testing has shown that the Y chromosome DNA present in both samples produced the numerical values that are shown as follows:’

  He then started reading stuff about base pairs and markers; it all seemed to be getting a bit complicated. As figure after figure was read out I was beginning to wonder if we were going to be home in time for Christmas.

  ‘In conclusion therefore, positively establishing that paternal ancestry exists between the provider of sample A and the provider of sample B …’

  ‘Yes!’ Richard Coleman had shouted his approval of the lab’s findings. Coleman quickly apologised to the Judge for his lack of self control. The clerk went on to read the second set of test results which had been done by a different lab but paid for by the defence. The wording was different, but the conclusions the same.

  De Villiers had his head in his hands. Peachy was grinning from ear to ear. Peter was smiling. The atmosphere in the room was once again highly charged.

  ‘It is therefore this court’s decision to find in favour of the claimant Mr Peter Steadman. Costs are to be awarded to the claimant.’