A Matter for the Jury

by Peter Murphy

  ‘When was Miss Doyce admitted to your hospital?’

  Dr Walker glanced up at the judge. ‘If I may refer to my notes?’

  Mr Justice Lancaster looked at Martin Hardcastle, who gave the briefest of nods.

  ‘Please do so, Doctor.’

  ‘Thank you, my Lord.’ He opened a large brown file and allowed his finger to move slowly down a page. ‘She was admitted at about 11.30 on the morning of 27 January. I saw her at about 12.45, after she had been stablilised and received some initial treatment from a junior member of my staff and, of course, from the nursing staff.’

  ‘What was her condition when you first saw her?’

  Dr Walker did not seem to need his notes for that question. ‘She was unconscious and barely able to breathe without assistance. Her vital signs were very weak indeed. She had received very serious injuries to the front and right side of the head, indicative of blunt force trauma, which had resulted in a suspected fractured skull. She had two broken ribs, and she had numerous bruises and lacerations to her face and arms. There was bruising in the area around the vagina, and the nursing staff said that there had been some bleeding in that area on admission. She was critically ill and it appeared to me that she was unlikely to recover.’

  ‘Could you explain that conclusion to the jury in more detail?’

  ‘The fact that she was unconscious and that there was such severe head trauma suggested that there would have been some degree of internal bleeding. We had no way to control it. She was too weak even for exploratory surgery – she would never have survived any attempt to intervene surgically. My staff had taken X-rays of the skull which revealed evidence of at least one fracture line, but they were inconclusive as to the extent of the damage. But all the indications were that, if there was internal bleeding, it would probably be fatal. All we could do was make her comfortable. We had her on drips to rehydrate and feed her, but it was just a holding operation – everything we were doing was to keep her stable and prolong her life as far as we could. I informed Jennifer’s mother of the situation.’

  Pilkington smiled.

  ‘In the light of that first impression, Doctor, the events of the next few days must have come as a considerable surprise to you?’

  Dr Walker returned the smile, shaking his head.

  ‘Surprise doesn’t even begin to describe it’, he replied. ‘Medically speaking, it is quite remarkable that she survived. It is even more remarkable that she appears to have done so without catastrophic brain injury. None of the doctors with whom I have discussed the case could relate any similar case within their experience in which that was the outcome. It was not predictable in medical terms at all.’

  ‘A fortuitous combination of circumstances?’

  ‘Indeed so. I can only conclude that her initially profound level of unconsciousness suggested the presence of more serious internal injury than had actually been caused. It also suggests that we, and the emergency crew who treated her at the scene, were highly successful in immobilising her head, and that the portions of the skull where the fractures were did not move relative to each other. This would hold out the possibility that the fracture lines might be stable in themselves, and had not caused significant injury to the brain. In that case, provided that they remained stable, they would gradually heal.’

  He turned over several pages in his file before continuing.

  ‘Either she has someone watching over her, or she is a very lucky young woman,’ he added, ‘depending on your point of view.’

  Pilkington nodded.

  ‘She owes a great deal to you and your team.’

  ‘She owes a great deal to the emergency crew, and to the police officer who realised that she was still alive,’ Dr Walker replied. ‘But for them, my team would never have had the opportunity to do anything for her. She would probably have been dead on arrival.’

  ‘Yes. Doctor, I know that you are not a forensic expert…’

  ‘No, I am not.’

  ‘…so I do not propose to ask you about her injuries in general. But I do want to ask you about one matter. You said that you observed some bruising in the vaginal area, and that you were told that some bleeding had been observed, yes?’

  ‘That is correct.’

  ‘From your own observation, or from anything in your records, are you able to say whether Jennifer Doyce had had sexual intercourse recently, prior to her admission?’

  The judge looked at Martin Hardcastle, as if anticipating an objection. But Martin made no move to get to his feet.

  ‘It is my medical opinion that her injuries were consistent with recent forceful sexual intercourse,’ Dr Walker replied. ‘But it is my understanding that such injuries cannot be regarded as definitive as to whether the act of sexual intercourse was, or was not, consensual.’

  ‘Was there any other evidence that sexual intercourse had taken place?’ Pilkington asked.

  ‘A junior doctor and a nurse recorded the presence of what might have been sperm in the outer vaginal area. They took swabs, which I understand confirm the observation that sexual intercourse had taken place, but were inconclusive as far as any identification was concerned.’

  ‘Doctor Walker, was there also a red mark, about one inch in length, to the left side of Miss Doyce’s neck?

  ‘Yes.’

  ‘In your opinion, was that mark consistent with…?’

  ‘Really, my Lord,’ Martin Hardcastle interrupted. ‘It is not for this witness to speculate about that.’

  ‘I agree, Mr Pilkington,’ the judge said.

  ‘As your Lordship pleases,’ Andrew replied smoothly. ‘Dr Walker, were Miss Doyce’s personal possessions inventoried at the time of her admission?’

  ‘Yes, of course, that is routine.’

  ‘Do you have that inventory with you?’

  ‘I do, sir.’ Dr Walker turned over several documents in quick succession. ‘Yes.’

  ‘Does the list include any items of jewellery?’

  ‘One silver ring from the right third finger.’

  ‘Anything else?’

  ‘No, sir.’

  ‘Lastly, Doctor, you know that the prosecution intends to call Jennifer Doyce as a witness tomorrow?’

  ‘Yes.’

  ‘Can you confirm for the jury that, in your opinion as her treating physician, she is medically fit to give evidence?’

  Dr Walker closed his file.

  ‘Yes, subject to certain conditions,’ he replied. ‘She is still moving around in a wheelchair and wearing a neck brace. She will travel to court by ambulance with an attending nurse. You understand, we are still monitoring her closely. Skull fractures take some time to heal, and we have not intervened surgically. We may yet have to do so. We continue to take X-rays, which are encouraging, but her recovery is far from complete. Something could still go wrong. A sudden movement could yet cause internal damage. It may be several more months before it would be safe to say that she can lead a fully normal life though, if all goes well, we hope that she will be well enough to return home in a few weeks from now.’

  He looked up at Mr Justice Lancaster.

  ‘But I do wish to make clear, my Lord,’ he added, ‘that the main consideration in allowing her to give evidence is her own wish to do so. I have explained the possible risks, but she is adamant that she wants to tell the court what she remembers. Were it not for that, I would have done everything in my power to keep her out of court. I have no desire to hinder the court in its work, of course. I am speaking as a medical man. I must ask the court to bear in mind that, in addition to her fragile physical condition, giving evidence in this case, reliving the events, will inevitably be a traumatic experience for her. I do ask the court to allow her to pause in her evidence if she wishes to do so. And I consider it important that I should be present in court with her.’

  ‘I am sure th
at there will be no objection to that,’ the judge replied.

  Martin Hardcastle jumped to his feet. ‘None whatsoever, my Lord… The defence will gladly comply with any directions the court may give in accordance with Dr Walker’s advice.’

  ‘I am much obliged,’ Pilkington said. ‘Wait there, please, Doctor Walker. There may be some further questions for you.’

  * * *

  ‘Only one or two,’ Hardcastle said. ‘Doctor, is it your experience that serious head trauma may result in some inability to remember with clarity the events which led to the trauma?’

  Dr Walker shook his head. ‘That’s not really my area.’

  ‘No, of course. But is it not a general medical observation that head trauma may cause some degree of amnesia? Not in all cases, of course, but in some?’

  ‘There are cases in which the patient does not recall everything at first. Sometimes the memory comes back over time.’

  ‘And in a very serious case, it may not return at all, isn’t that right?’

  ‘I am aware that there have been such cases. I have not myself encountered a case in which there was no memory at all. And that is not true of Jennifer’s case.’

  Hardcastle glanced in the direction of the jury.

  ‘Ah, well, that is why I ask, Doctor,’ he said. ‘You remember, of course, that because of her medical condition, you did not think it advisable for Miss Doyce to attend the magistrates’ court for the committal proceedings in this case.’

  ‘That is correct. It would have…’

  ‘No, no, I mean no criticism,’ Hardcastle insisted. ‘I am sure you had perfectly good medical reasons for giving that advice, and there was no reason why the committal proceedings could not continue without her. But, as a result, we have no deposition from her, as we do in the case of the other witnesses.’

  ‘No.’

  ‘She has spoken to others – to her medical advisers, the police, even her family. We have an informal statement from her, but we have no deposition against which to test the evidence she will give tomorrow. So I must ask you this, Doctor. Tomorrow, the jury must bear in mind, must they not, that Miss Doyce’s recollection of events may not, or may not yet, be quite accurate?’

  Pilkington was on his feet before Dr Walker could reply.

  ‘My Lord, that is quite improper. Miss Doyce’s evidence is for the jury to evaluate. It is not for this witness to comment on it.’

  ‘I am not asking him to comment on her evidence,’ Hardcastle replied. ‘I am simply asking him whether there is a medical basis for the jury to be cautious about it. The witness is a medical man, and there is nothing improper about asking his opinion on that question.’

  ‘I see no objection to the question,’ the judge said. ‘Doctor Walker, you may answer if you can do so based on your medical expertise. If you cannot, just say so.’

  Walker took a deep breath.

  ‘Jennifer has not talked to me about the incident in detail at all,’ he said. ‘I have no personal knowledge of the state of her memory. All I can say is that, in general terms, head trauma sometimes causes some degree of amnesia, which usually goes away in time. Whether that is true in Jennifer’s case, I cannot say.’

  ‘Thank you, Doctor,’ Hardcastle said, resuming his seat.

  ‘Doctor Walker,’ Pilkington asked, ‘in medical terms, is it possible that the emotional trauma of giving evidence in a courtroom may help to bring back a memory which the patient had lost?’

  For a moment, Hardcastle seemed poised to object, then he settled back into his seat without getting to his feet.

  ‘I believe so,’ Doctor Walker replied. ‘As I say, it is not really my field, but I am aware of such cases as a result of discussions with colleagues.’

  ‘Unless your Lordship has any questions…?’ Pilkington said.

  ‘Dr Walker,’ the judge said, ‘has Miss Doyce been receiving any treatment or counselling from a psychiatrist or psychologist?’

  ‘My Lord, I know that she has seen Dr Bushell, our staff psychiatrist, several times. Dr Bushell consulted me before prescribing a sedative and fixing the dosage. I do not know how much he has discussed the events with her, but I am sure that he must have done so to some extent.’

  ‘Yes, I see,’ Mr Justice Lancaster said. ‘Thank you, Doctor. You are released for today. If you want to bring anything to my attention about Miss Doyce’s evidence tomorrow, please let the clerk know.’

  ‘I will, my Lord. Thank you.’

  37

  ‘My Lord, the next witness is Gerald Harlow.’

  Harlow, a small, rather untidy figure, took the oath rapidly and without expression. He was dressed in a grey sports jacket and slacks, and wore a crumpled yellow tie over a white shirt. Several pens of different colours were visible in the top pocket of the jacket. He was carrying a tattered brown leather briefcase, which he placed with a conspicuous gesture on the floor of the witness box. He turned confidently towards the judge.

  ‘Gerald Harlow, my Lord. I am a scene of crime officer employed by Cambridgeshire Police, based at Cambridge.’

  ‘Thank you, Mr Harlow,’ Pilkington said. ‘Could you begin by explaining to the jury what a scene of crime officer does?’

  ‘Certainly, sir. My first job is to attend the scene of a crime on being instructed to do so by the senior investigating officer, and to make sure the scene is intact and is preserved, as far as possible.’

  ‘As far as possible?’

  ‘It is always possible that the scene may have been contaminated before my arrival. This may occur because of ambient conditions, including weather, or because of careless intervention by a member of the public, or even a police officer, or sometimes just because of the passage of time since the crime was committed. If I may continue…?’

  ‘Please.’

  ‘Once the scene is secure, I then examine the scene as carefully as I can, searching for material capable of being subjected to forensic analysis.’

  ‘What kinds of material do you look for, particularly?’

  ‘First, any pieces of tangible evidence which may relate to the offence, for example an implement used to commit the offence, something left at the scene, or anything that may be relevant. Of course, the investigating officers will usually have picked up anything obvious and, hopefully, placed the item carefully in an evidence bag to preserve it for examination. But they can miss smaller items. It is my job not to miss things. I then proceed to look for latent fingerprints and for stains indicating the presence of blood or other bodily fluids.’

  ‘If you find any material of that kind, do you take impressions or samples for analysis at the forensic science laboratory by yourself or your colleagues?’

  ‘Yes, sir.’

  ‘In this case, did you attend a crime scene on a houseboat called the Rosemary D berthed at Holywell Fen on the afternoon of 27 January this year?’

  ‘Yes, sir, I did, on the instructions of Detective Superintendent Arnold.’

  ‘Please describe the scene to the jury as you saw it on your arrival.’

  ‘If I may refer to my notes, sir?’

  Pilkington glanced across at Hardcastle, who inclined his head.

  ‘Yes.’

  Harlow made a show of producing a large spiral notebook from his briefcase. ‘The scene I was asked to examine was a cabin at the back of the boat. I think they like to call that “aft”, sir.’

  ‘Yes,’ Pilkington agreed, suppressing a smile.

  ‘I was given to understand that this was the sleeping quarters, which was confirmed by the presence of a bed. Other officers had been assigned to the front cabin, and the deck of the boat, and I confined my attention to the aft cabin. I immediately noticed the presence of several large stains which appeared to be blood.’

  ‘By this time, I take it, Mr Gilliam’s body had been removed by other offic
ers, and Miss Doyce had been taken to hospital?’

  ‘Yes, sir.’

  ‘Thank you. Please continue.’

  ‘The largest area of staining was on the floor. It was immediately adjacent to an area marked out by another officer in chalk, which I understood to represent the position in which Mr Gilliam’s body had been found. The position of the stain was consistent with a loss of blood from Mr Gilliam’s head.’

  ‘Did you take a sample from this stain for analysis?’

  ‘I took several swabs, sir, and placed them in individual evidence bags, each marked with an exhibit number consisting of my initials, GH, and a number. On sealing each bag, I signed a label which I then attached to the bag, indicating that it was my exhibit.’

  ‘Is that standard practice? And, to save time, can the jury take it that you followed the same procedure with each exhibit you took from the scene?’

  ‘Yes, sir.’

  ‘Thank you. And – I think there is no dispute…?’

  Hardcastle shook his head.

  ‘I am grateful. There is no dispute that the swabs taken from the position adjacent to Mr Gilliam’s head were later analysed, and found to be stains of human blood of group O. Is that right?’

  ‘That is correct, sir.’

  ‘Thank you. What was the next item that attracted your attention?’

  ‘I also noticed what appeared to be significant blood staining on and behind and to the right side of the bed. The pattern of staining here was very different, because there were numerous smaller areas of staining, some on the bedclothes and some at different positions on the floor. There were also some very small spatter stains adjacent to the large stains, which it was unnecessary to try to deal with separately, even if it had been possible to do so.’

  ‘What did you do in relation to the larger stains?’

  ‘I carefully removed each item of bedclothes from the bed, and placed each in a separate large plastic container, which I then sealed for identification. I took several swabs from each area of staining on the floor and placed them in evidence bags, sealing and marking them as I explained previously.’