The Accused (Modern Plays)

by Jeffrey Archer

  Forsyth That is correct, but none of them was aware that Mr Sherwood had been collecting ampoules of Potassium Chloride from a chemist outside London.

  Barrington I will come to that, Professor. Now, in your long report commissioned by the Crown Prosecution Service, you also confirm (Holds up the report.) that Mrs Sherwood’s GP had her on the correct programme of medication for the particular heart problem she was suffering from?

  Forsyth Yes, but Dr Haslam, was not …

  Barrington I wonder, Professor, if you would be kind enough to confine yourself to answering my questions and not making speeches. This courtroom is not an extension of your lecture theatre and I am not one of your undergraduates. So allow me to move on to the constituents of Potassium Chloride and, may I say, Professor, how much we all enjoyed your little demonstration with the hypodermic needle, which you claimed was consistent with the amount of the chemical found on the kitchen glove.

  Forsyth (now angry) It most certainly was.

  Barrington But tell me, Professor, as an acknowledged expert on the subject, would it not also be consistent with the amount of Potassium found in this bottle of grapefruit juice, which is more likely to be located in a kitchen?

  Forsyth Yes, but …

  Barrington Search as I might, I couldn’t find any reference to grapefruit juice in your hundred-and-thirty-nine-page report.

  Forsyth My report was not concerned with … the contents …

  Barrington Then perhaps it should have been. Professor, you told the court that the first thing you did when you were asked to look into this case was to study Mrs Sherwood’s medical history.

  Forsyth And I did so.

  Barrington And so did I, Professor, and I discovered that Mrs Sherwood’s father had died of a heart attack at the age of fifty-eight. Why didn’t you consider this possible hereditary condition worthy of mention?

  Forsyth Because I could find no connection between the death of a thirty-seven-year old woman and her father’s demise at fifty-eight. Had you been one of my undergraduates Sir James, you would have learnt that research is one thing, being able to draw scientific conclusions from it is quite another.

  Barrington Well, let us consider some of your scientific conclusions, shall we, Professor, and try to find out what you have learnt from them. On how many occasions have you testified for the crown in murder trials where poisoning was involved?

  Forsyth A dozen - more, perhaps.

  Barrington And was one of those cases ‘The Crown versus Mr Roger Latham’?

  Forsyth (embarrassed) Yes, it was.

  Barrington And were you called by the prosecuting counsel as an expert witness?

  Forsyth Yes, I was.

  Barrington And was it your evidence that influenced the jury to return a verdict of guilty?

  Kersley (leaps up) My Lord, is my learned friend questioning Professor Forsyth’s integrity?

  Judge Are you, Sir James?

  Barrington Certainly not. But I would refer your Lordship to the Judge’s summing up, and I quote, (He picks up a book and quotes from the trial.) ‘I find the evidence presented by Professor Forsyth as compelling, and feel it should weigh heavily with the jury when they come to consider their verdict.’

  Judge In the judge’s summing up. I see. Please continue, Sir James.

  Barrington Did you tell the court on that occasion that after you had carried out extensive laboratory tests, you were in no doubt that the liquid Mr Roger Latham poured into his brother’s coffee not only poisoned him, but was responsible for his premature death?

  Forsyth That was my opinion at the time.

  Barrington At the time. I see. And did another professor later prove that when the liquid was poured into hot coffee it was immediately neutralised and couldn’t have poisoned a mouse?

  Forsyth Yes, but there was no way of knowing that then. It was some years later …

  Barrington I was not suggesting, even for one moment, Professor, that you were culpable, only human, like the rest of us and therefore capable of making mistakes. Remind me, what verdict did the jury reach on that occasion?

  Forsyth Guilty.

  Barrington And did Mr Latham die in gaol, having served fourteen years of his life sentence?

  Forsyth (nods) Yes, I believe he did.

  Barrington And, two years after his death, did his family receive an unconditional pardon from the Home Secretary?

  Forsyth (softly) Yes, but the antitoxic properties of that particular substance were not discovered until …

  Barrington Until it was too late, Professor. But fortunately it is not too late in this case. Professor, you have already confirmed that the amount of Potassium Chloride found in Mrs Sherwood’s bloodstream was consistent with a heart attack.

  Forsyth What I actually said was ….

  Barrington Yes or no, Professor? It either was consistent with a heart attack or it wasn’t.

  Forsyth (hesitates) Yes, it was.

  Barrington Could someone with Mrs Sherwood’s medical history have suffered a heart attack, if she had been surprised by an intruder? Yes or no?

  Forsyth Yes, it’s possible.

  Barrington And are you aware of any other doctors who have prescriptions made up outside of the hospital they work in? Yes or no?

  Forsyth Yes.

  Barrington And could the amount of Potassium Chloride found on the rubber glove have been concentrated grapefruit juice? Yes or no?

  Forsyth Yes, I suppose it could.

  Barrington And if Potassium Chloride is taken in small doses, isn’t it harmless - and in certain cases even beneficial? Yes or no?

  Forsyth Yes, but …

  Barrington Shall we dispense with all these buts, Professor, and remove any doubt in the jury’s mind once and for all? I wonder, My Lord, if I might be shown exhibit twenty-six, the ampoule of Potassium Chloride that was found in Mr Sherwood’s bag, which Mr Hussein identified as coming from his shop.

  Judge For what purpose, Sir James?

  Barrington Like the distinguished professor, My Lord, I wish to conduct an experiment.

  Judge I do hope you’re not wasting the court’s time, Sir James.

  Barrington Heaven forbid, My Lord. I simply wish to prove my client’s innocence.

  The Judge nods to the Usher who removes the ampoule from Sherwood’s bag and hands it over to Barrington, who breaks the ampoule and drinks it slowly.

  Barrington A little dry for my taste, but as you can see, Professor, not fatal. So let us hope that once again it will not be your expert evidence who allows an innocent man to rot in gaol for the rest of his life.

  Kersley My Lord, this goes far beyond the bounds of… legitimate cross-examination …

  Judge You are quite right, Mr Kersley. Sir James, that comment was unforgivable, and I must insist that you withdraw it immediately.

  Barrington (pauses) My Lord, I am unable to do so.

  Judge And why is that, Sir James?

  Barrington I was the defence counsel in The Crown versus Mr Roger Latham and I will go to my grave aware that my feeble advocacy failed to save the life of an innocent man. I am determined that it will not happen a second time. No further questions, My Lord.

  The lights slowly dim and everyone’s eyes remain on Barrington. The curtain falls, but goes back up during the interval, to reveal the jury door back in place.

  CURTAIN

  Act Two

  Scene One

  The following morning.

  The stage remains dark, but the audience can still see the jury room door. On the wall, the clock is showing 9.45 a.m. When the house lights dim, the Jury Bailiff steps through the door and addresses the audience.

  Jury Bailiff Good Morning, Ladies and Gentlemen of the Jury and thank you for reporting back in good time. The second day of the trial will begin with Mr Kersley’s final witness, Ms Jennifer Mitchell, Ms Mitchell is the Crown’s principal witness, so I would not be surprised if she was in the witness box for most of the day.

>   Please continue to be vigilant when it comes to discussing this case with anyone not on the jury. If there are no questions, we should make our way back to Court Number One. Ladies and Gentlemen of the Jury, please follow me.

  The Jury Bailiff steps through the door, and when the lights come up, we are back in Court Number One, where we discover the barristers are talking among themselves while they await the entrance of the Judge and jury.

  Ashton I’ve just bumped into Ms Mitchell as she was coming up the steps.

  Kersley What’s she wearing?

  Ashton Smartly tailored blue suit, very conservative, and virtually no make-up.

  Kersley Good, that’s exactly the image I want fixed in the jury’s mind.

  Ashton And I reminded her to refer to her father, Councillor Mitchell, as often as possible.

  Kersley And under no circumstances to mention the reason she left St George’s at such short notice?

  Ashton It was the last thing I emphasised.

  Kersley Good. Then we can only hope that Sir James doesn’t know the real reason.

  The attention moves across to Barrington and his junior, Jarvis.

  Barrington And so we finally come up against their star witness.

  Jarvis And how do we feel about that?

  Barrington If Ms Mitchell is as innocent as Mr Kersley would have us believe, we’re in a lot of trouble.

  Jarvis Surely not, after the roasting you gave Webster and Forsyth yesterday.

  Barrington Yes, but try not to forget the doctor’s bag. Kersley made me feel like a pupil who’d just arrived in chambers, so if under his guidance Ms Mitchell proves a little too convincing, I may have to take the odd risk.

  Jarvis What do you have in mind?

  Barrington I might even consider asking the occasional question to which I do not know the answer. So if I put out my hand, (He makes a gesture.) make sure you pass me a blank sheet of paper.

  Usher Be upstanding in the court. All persons having anything to do before my Lords, the Queen’s Justices, draw near and give your attendance. God save the Queen.

  All rise as Mr Justice Cartwright enters and resumes his place. All bow and he returns the bow.

  Usher Bring up the prisoner. (Sherwood enters the dock.)

  Judge (to the audience) Ladies and Gentlemen of the Jury, good morning. Mr Kersley, you may call your next witness.

  Kersley Thank you, My Lord. I call Jennifer Mitchell.

  Usher Call Jennifer Mitchell. (A woman of thirty, attractive and dressed in smart suit, enters the witness box.)

  Guard Jennifer Mitchell.

  Usher Take the testament in your right hand and read from the card.

  Mitchell (quietly) I swear by Almighty God that the evidence I shall give shall be the truth, the whole truth and nothing but the truth.

  Kersley Is your name Jennifer Alice Mitchell and are you presently working as a senior staff nurse at Wellingborough Cottage Hospital?

  Mitchell Yes, I did.

  Kersley Did you previously work at St George’s Hospital, Tooting?

  Mitchell Yes, I did.

  Kersley And was the consultant in charge of the cardiac unit the defendant, Mr Patrick Sherwood?

  Mitchell (avoids looking at the dock) Yes, he was.

  Judge Can you please speak up, Ms Mitchell, The jury (He waves a hand, sweeping the audience.) will need to hear every word you have to say. (Mitchell nods.)

  Kersley When you first began working for Mr Sherwood, what were your responsibilities?

  Mitchell I was a junior staff nurse attached to the cardiac unit.

  Kersley And did Mr Sherwood ever ask you to carry out any duties not directly related to your work on the cardiac unit?

  Mitchell Yes, a few months after I’d started working at St George’s, Mr Sherwood asked me to pick up a sedative for his wife from the hospital pharmacy, which I was happy to do.

  Kersley Understandably. You would want to please your boss.

  Judge Mr Kersley, that was both leading as well as an opinion. Do not further try my patience.

  Kersley (facing the judge) I will attempt very hard not to do so, My Lord. (Turning back to Mitchell.) Ms Mitchell, did Mr Sherwood ask you to collect any other prescriptions from the hospital pharmacy?

  Mitchell Yes, but that would be quite normal practice for any of the nurses.

  Kersley But then one Friday evening he asked you to pick up a prescription from outside London?

  Mitchell Yes, that was just before I was leaving to spend the weekend with my parents in Wellingborough and he instructed me not to have that prescription made up at the hospital pharmacy.

  Sherwood I did no such thing - I’ve never asked you to pick up any of my prescriptions in Wellingborough.

  Mitchell But you did tell me not to have them made up at St George’s.

  Sherwood I most certainly did not…

  Judge Mr Sherwood, you must not interrupt the witness while she is being questioned by counsel, now sit down (Sherwood reluctantly sits down). Carry on, Mr Kersley.

  Kersley Thank you, My Lord. Did Mr Sherwood give any explanation as to why you shouldn’t have the prescription made up at the hospital pharmacy?

  Mitchell No, he just said that it was for a private patient.

  Kersley Is that also normal practice?

  Mitchell No, I had never been asked to do that before by any doctor.

  Kersley Did you question Mr Sherwood about this?

  Mitchell No one questioned Mr Sherwood about anything - not even Sister.

  Kersley And was this prescription also for a sedative?

  Mitchell No, it was for ten millilitres of Potassium Chloride.

  Kersley Did he ever ask you to pick up any more ampoules of Potassium Chloride?

  Mitchell Yes, he did. It must have been about two weeks later - also on a Friday evening, and he asked me to drop it back to his office on Monday morning.

  Kersley And how many times did he ask you to have prescriptions for poison made up outside London?

  Mitchell Half a dozen times during the next three months.

  Kersley I apologise, Ms Mitchell, but I must now ask you an embarrassing question as I want the jury to understand fully why you became so willing to fall in with Mr Sherwood’s plans. During the time leading up to Mr Sherwood asking you to collect these prescriptions from Wellingborough, did he maintain a professional relationship with you?

  Mitchell To begin with he did, but then he started to give me presents, send me flowers and even invited me out to dinner.

  Kersley And did you accept any of these invitations?

  Mitchell No, not immediately, but then he became more and more insistent, and it’s quite difficult for a junior nurse to go on refusing the senior consultant. So I finally gave in and agreed to have dinner with him at a restaurant in Fulham, where he assured me no one would recognise us.

  Kersley So he chose the restaurant, but did you make the booking?

  Mitchell No, he did. And he paid for the meal in cash - he explained that way it couldn’t be traced back to him.

  Kersley And did he invite you out again?

  Mitchell Oh, yes. After that, Patrick regularly invited me out for a meal, or to the theatre. He kept telling me how lonely he was. And then one night on the way home, he said he was falling in love with me.

  Kersley What was your reaction?

  Mitchell I was very flattered at the time, and when we arrived back at my flat he asked if he could come up for coffee.

  Kersley And did you agree to his request?

  Mitchell No, I made some excuse about having to be up early for morning rounds. I didn’t mind having dinner with him, but I wasn’t willing to begin a relationship with a married man, especially one who was working at the same hospital.

  Kersley Quite understandably. But that later changed?

  Mitchell Yes, it was a few weeks later, at the staff Christmas party - he pulled me under the mistletoe and started kissing me.

  Kersley B
ut isn’t that normal at a Christmas party, Ms Mitchell?

  Mitchell Yes, but it isn’t normal for a doctor to put a hand on your breast.

  Kersley And how did you respond?

  Mitchell I pushed him away and then left the party as quickly as possible, hoping that none of the other nurses had noticed.

  Kersley And did you go straight home?

  Mitchell I would have done so, but he followed me out. He apologised immediately and asked if he could walk me back to my flat.

  Kersley Did you let him?

  Mitchell Yes, I lived less than a mile away and he seemed very contrite.

  Kersley And did he leave you once you arrived back at your flat, Ms Mitchell?

  Mitchell No, he asked if he could come in for coffee.

  Kersley And did you agree this time?

  Mitchell Yes, I’m afraid I did. You see, on the way home he never stopped telling me how much he adored me and longed to be with me. And in any case, it had started to rain and I felt rather sorry for him.

  Kersley So after he’d joined you in the flat, what happened next?

  Mitchell I made us some coffee, but he hung around long after he’d drunk it. I pointed out that it had stopped raining, but he just wouldn’t go.

  Kersley And did he once again try to kiss you?

  Mitchell Yes, he did.

  Kersley Forgive me for being indelicate, Ms Mitchell, but how far did it go?

  Mitchell (looks at the Judge) Do I have to answer that question, My Lord?

  Judge Yes, indeed you do, Ms Mitchell. You see the jury need to know exactly what took place that night.

  Mitchell (hesitates) We ended up making love.

  Sherwood We’ve never made love and you know it.

  Judge Mr Sherwood, I have already spoken to you about interrupting this witness.

  Sherwood My Lord, do I have to sit in silence while this woman goes on telling lies about me?

  Judge You must listen to all the witnesses without interrupting, Mr Sherwood. You will in time be given an opportunity to answer questions from the witness box under oath, if you choose so to do. But until then, you will remain silent. (Sherwood sits down.) Carry on, Mr Kersley.