One Law For the Rest of Us

by Peter Murphy

  The judge nodded.

  ‘I quite agree, Mr Schroeder. Ten thirty tomorrow morning, please, members of the jury.’

  ‘Nicely done, Ben,’ John Caswell said as they left court. ‘Good opening. We’ll make a prosecutor of you yet.’

  Ben laughed. ‘Let’s see how we go before you draw any conclusions.’

  ‘Is there anything you need before we get to Emily tomorrow?’

  ‘I don’t think so,’ Ginny replied. ‘As long as you have someone to look after her, and we have the screen ready to go.’

  ‘All done,’ John replied.

  In the silence that followed, a woman approached.

  ‘Excuse me,’ she said hesitantly, ‘but are you dealing with the prosecution of Father Desmond Gerrard?’

  ‘Yes, we are,’ John replied. ‘How can we help you?’

  ‘My name is Mary Forbes,’ the woman said. ‘I want to give evidence for the prosecution.’

  16

  Tuesday 7 May 1974

  ‘My Lady, the prosecution will now call Girl A. But before I do, I have an application, and I’ve asked that the jury remain out of court for now.’

  ‘Yes, Miss Castle.’

  ‘My Lady, Girl A is now almost nine years of age. Assuming that your Ladyship finds her to be competent, she will be giving evidence about events that occurred when she was aged seven and eight. Under any circumstances, that is bound to be an ordeal for her. There’s no need to make it any worse than it has to be. My application is that she be allowed to give evidence while screened in such a way that your Ladyship, the jury, and counsel can see her, but the defendant cannot. The usher has been kind enough to bring a screen into court, and I understand that she can be brought into court via the judicial corridor, without being seen.’

  Judge Rees nodded. ‘Any objection, Mr Norris?’

  Norris stood at once. ‘My Lady, I most certainly do object. It is a basic principle of our law that a man accused of crime should be able to see and confront his accuser. He can’t do that if she’s concealed behind a screen.’

  The judge stared at him.

  ‘Mr Norris, it’s my understanding that the right of confrontation is satisfied when the defendant is given the right to cross-examine the witnesses against him. You will be able to cross-examine in the usual way, and you will be able to see the witness. I fail to see how the defendant would be disadvantaged just because he can’t see her personally, and I must say that I think his appearance may well be intimidating to a young child.’

  Norris turned briefly to look at his client in the dock.

  ‘Forgive me for pointing this out, my Lady, but Father Gerrard is in fact properly dressed as a priest. He is wearing a black cassock.’

  ‘And a massive crucifix.’

  Norris positively threw his notebook down on to the bench in front of him.

  ‘It’s not proper for your Ladyship to criticise a defendant for attending court properly dressed,’ he insisted.

  ‘Sit down, Mr Norris,’ the judge replied.

  ‘Before I sit down, my Lady, I wish to add that if the courts start to travel down the path of allowing witnesses to hide from defendants, just because they may feel nervous about giving evidence, it’s not going to be long before we have secret courts in this country.’

  ‘Sit down, Mr Norris,’ Judge Rees repeated, in a tone that suggested that she meant to be obeyed. Norris obeyed.

  ‘Your application is granted, Miss Castle,’ she said. ‘I will ask the usher to erect the screen, show the witness into the judicial corridor with the court officer assigned to look after her, and then bring the jury down to court. I will rise for a few minutes to allow that to be done.’ As she was getting to her feet, she added, ‘And I very much hope, Mr Norris, that you will bear in mind the age of the witness you are going to cross-examine.’

  Norris gave her his most insincere smile. ‘Of course, my Lady. I wouldn’t dream of being mean or unpleasant to a child. I’ve been doing this long enough to know that juries don’t like it.’

  After the judge had risen, Ginny shook her head and turned to Ben.

  ‘What is his problem, for God’s sake?’

  ‘I wish I knew,’ Ben replied.

  Emily was brought into court with judge and jury already in place, by a female usher. The usher sat Emily in a chair behind the screen and took her own seat next to Emily.

  Judge Rees smiled.

  ‘As you know, we’re going to call you Girl A. That’s not as pretty as your real name, is it?’

  Emily, and the jury, laughed.

  ‘No.’

  ‘No, of course not. It won’t be for long, just long enough for you to give evidence, and then you can have your name back again.’

  ‘Thank you.’

  ‘Girl A, do you know the difference between telling the truth and telling lies?’

  ‘Yes.’

  ‘Can you tell me in your own words what the difference is?’

  ‘Telling the truth means telling someone what really happened.’

  ‘I see. Whereas telling lies means…?’

  ‘Telling lies means making something up, that didn’t really happen.’

  ‘And if someone asks you to tell them about something important that happened, what’s the right thing to do? Would it be to tell the truth, or to tell lies?’

  ‘To tell the truth.’

  ‘Why?’

  ‘Because it’s important to know what really happened.’

  ‘Very good,’ the judge said. ‘Girl A, you know you’re in a court of law today, don’t you?’

  ‘Yes.’

  ‘Do you understand why you’re here?’

  ‘Yes. To tell you what Father Gerrard did at school.’

  ‘Allegedly did,’ Norris muttered, just loudly enough to be heard.

  Judge Rees fixed him in her gaze and pointed a warning finger.

  ‘That’s quite right,’ she replied. ‘And do you understand why it’s especially important to tell the truth in a court of law?’

  ‘Yes, because somebody might be punished, and they shouldn’t be punished for something they didn’t do.’

  ‘Very good, Girl A. Do you know what happens to people who don’t tell the truth in a court of law?’

  ‘They can be punished, too.’

  Judge Rees nodded. ‘Does either side wish to address me?’

  ‘My Lady, I submit that Girl A is plainly a competent witness,’ Ginny replied, ‘and that she ought to be permitted to take the oath.’

  ‘I note,’ Norris said, ‘that your Ladyship omitted to ask the witness whether or not she believes in God, in relation to being punished for breaking the oath. Given that we have a priest as a defendant, I would have thought it might be pertinent.’

  The judge looked at both counsel in astonishment. Ginny stood.

  ‘I believe that practice went out of fashion at some time during the late eighteenth century,’ she observed.

  ‘It’s certainly out of fashion in my court,’ Judge Rees replied, with some venom.

  Norris had resumed his seat with a smirk on his face.

  ‘I do,’ Emily said quietly.

  ‘I’m sorry, what was that?’ the judge asked.

  ‘I do believe in God, my Lady.’

  ‘Thank you, Girl A,’ Judge Rees said. ‘I am more than satisfied that the witness understands, not only the difference between telling the truth and telling lies, but also the particular importance of speaking the truth in a court of law. She is, therefore, competent to give evidence. There is a further question of whether she should give evidence under oath, or unsworn under the Children and Young Persons Act 1933. In this case, it may make little difference in practice: as she is complaining of sexual offences, her evidence will require corroboration in any event. But as I am fully s
atisfied that she is capable of giving evidence under oath, I shall permit her to do so.’

  17

  ‘Girl A,’ Ginny began after Emily had read the oath faultlessly from the card handed to her by Geoffrey, ‘I must ask you this, first. Will you look at the card the usher is going to show you? Is that your name written on the card? Is it correct? No one else will see it. It’s just for the court’s use, so that the judge knows who you are.’

  ‘Yes. It’s right.’

  ‘Thank you. How old are you now?’

  ‘I’m eight, almost nine.’

  ‘And do you live with your mum and dad, not very far from Lancelot Andrewes School?’

  ‘Yes.’

  ‘When you were seven years old, did you start at Lancelot Andrewes as a boarder?’

  ‘Yes.’

  ‘Was it your idea to be a boarder, or your mum and dad’s? You live near enough to be a day girl, don’t you?’

  ‘Yes. I said I wanted to board.’

  ‘Why was that?’

  ‘There are a lot of games and activities after school, and it’s easier to join in if you board.’

  ‘What kind of games do you like?’

  ‘I like running, and I want to learn to play tennis.’

  Ginny smiled. ‘Was it fun being away from home, too?’

  She returned the smile, shyly. ‘Yes – quite fun.’

  ‘Are you still a boarder?’

  ‘My parents took me away from the school.’

  ‘When was that? Do you know?’

  ‘A few months ago: when I told them about Father Gerrard.’

  ‘Tell us about what life was like as a boarder. Where did you sleep and do your homework?’

  ‘We slept in dorms, and there was an area by your bed where you could do homework.’

  ‘How many girls were in a dorm?’

  ‘Twelve.’

  ‘All about the same age?’

  ‘Most of the girls were the same age, but there would be one or two a bit older, who were sort of in charge.’

  ‘To make sure you didn’t get too noisy?’ Ginny asked with a smile.

  ‘Yes.’

  ‘I’m sure that was just as well.’

  She laughed. ‘Yes.’

  ‘And was there a particular time for lights out at night?’

  ‘They rang the bell at half past seven for girls my age. That meant that you had to have finished your homework. Then you could read or write letters until quarter past eight, but you had to be washed and in bed by half past eight. It was later if you were there at weekends. Then you could stay up until nine, or even a bit later, and no one minded.’

  ‘I see. But during the week, bed by half past eight?’

  ‘Yes.’

  ‘All right. Now, did anyone ever come into your dorm after lights out?’

  She hesitated and replied more quietly. ‘Yes.’

  ‘Louder, please,’ Norris intervened.

  ‘Mr Norris,’ Judge Rees replied, ‘kindly address any remarks you may have to the court, not to the witness.’

  ‘All I’m saying is that I can’t hear her,’ he persisted.

  ‘And all I’m saying is that you will address yourself to me.’ She turned away from him. ‘Girl A, I know it’s not easy, and you can have a break any time you like – just let me know. Try to keep your voice up as much as you can. Imagine yourself cheering on your hockey team at school.’

  Emily smiled. ‘Yes, my Lady,’ she said, louder and more confidently, this time.

  ‘Who would come into your dorm?’ Ginny asked.

  ‘Father Gerrard.’

  ‘And who is Father Gerrard?’

  ‘He’s the headmaster.’

  ‘How did Father Gerrard dress?’

  ‘He always wears a long black… like a dress… I don’t know what the word for it is…’

  ‘That’s all right: don’t worry…’

  ‘And a big silver cross, with Jesus still on it.’

  ‘Yes, I see. What time would it be when he would come? Was it always about the same time?’

  She thought for some time.

  ‘It was always after lights out… but…’

  ‘You don’t know the exact time. Of course you don’t. That’s my fault for asking a silly question. You weren’t wearing your watch in bed, were you?’

  ‘No.’

  ‘No. But it was after lights out?’

  ‘It was usually before I fell asleep.’

  ‘Do you fall asleep quite quickly once you’re in bed?’

  ‘Usually, yes.’

  ‘Good. Thank you, Girl A. How often did Father Gerrard come to your dorm at that time, after lights out?’

  She hesitated. ‘I don’t know.’

  ‘I don’t mean exactly: but was it every week, more often than that, less often?’

  ‘Less often.’

  ‘Let me try another way,’ Ginny said. ‘Between the time when you started boarding and the time when your mum and dad took you away from the school, how often did Father Gerrard come to your dorm?’

  She thought for some time, apparently counting on her fingers.

  ‘About twelve times.’

  ‘About twelve. All right. And when he came, what would he do?’

  ‘He would choose a girl to go with him.’

  ‘Just one girl, or more than one?’

  ‘Just one.’

  ‘Girl A, were you ever that girl?’

  She did not reply immediately. ‘Yes.’

  ‘How many times were you chosen?’

  Again, not immediately. ‘Four, I think.’

  ‘Take your time. If you can’t remember exactly, that’s all right: just tell us you don’t remember.’

  ‘I think it was four… my Lady, could we stop for a few minutes, please, so that I can go to the toilet?’

  ‘Of course,’ Judge Rees said. ‘Let’s take fifteen to twenty minutes.’

  ‘Is she going to be all right?’ John Caswell asked, from behind Ginny, after the judge had left the bench.

  ‘She’ll be fine,’ Ginny replied. ‘She’s doing fine.’

  18

  ‘Are you all right, now?’ Ginny smiled.

  ‘Yes, thank you.’

  ‘Good. Girl A, I was asking you about the times when Father Gerrard came to your dorm after lights out, and chose a girl to go with him. Do you remember?’

  ‘Yes.’

  ‘And you said he chose you – you can’t be absolutely sure – but about four times?’

  ‘Yes.’

  ‘Try to remember, if you can, the first time that happened – when you were chosen. Can you do that?’

  ‘Yes.’

  ‘Where did you go with Father Gerrard?’

  ‘We walked all the way downstairs.’

  ‘When you say, “all the way”, what do you mean?’

  ‘My dorm was on the sixth floor, and we walked all the way down to the ground floor, to his study.’

  ‘Did you go into his study, or where did you go?’

  ‘No. We went into a room near his study.’

  ‘Was it a room you’d been to before?’

  She shook her head.

  Ginny smiled, and indicated the court reporter. ‘Girl A, I’m afraid you have to answer out loud, so that this lady can make a note of what you’re saying.’

  ‘No. I’d never been there before.’

  ‘Just before I ask you about the room, what were you wearing?’

  ‘Just my nightdress. Nothing else.’

  ‘What did you have on your feet?’

  ‘Nothing.’

  ‘I see. Did you and Father Gerrard go into the room?’

  ‘Yes.’

  ‘What did you notice ab
out it? What was the room like?’

  She thought for some time. ‘It wasn’t a big room – not like this. But there were books all around the walls, and red chairs, and a big table.’

  ‘So, a bit like a library of some kind?’

  ‘Yes.’

  ‘All right. When you went in, was there anyone else in the room?’

  ‘Yes. There were two men.’

  ‘Can you describe these men?’

  ‘I couldn’t see their faces.’

  ‘Why not?’

  ‘They were wearing masks.’

  ‘Really? What kind of masks? Can you describe them?’

  Emily thought for some time. ‘You know, like the Lone Ranger.’

  ‘Oh, yes,’ Ginny replied. ‘He wears a black mask, doesn’t he, and you can see his eyes, but the rest of his face is covered?’

  ‘Yes, that’s what they were like.’

  ‘Hi-ho, Silver,’ Judge Rees said, to loud laughter, including from Emily.

  ‘Yes, my Lady.’

  ‘What can you tell us about them, apart from their faces?’ Ginny asked.

  ‘They weren’t very old,’ Emily replied.

  ‘How do you know that?’

  ‘They both had thick black hair. When you’re older, you lose some of your hair, don’t you? At least, my dad has. But they still had theirs.’

  More laughter from the jury. Ginny joined in.

  ‘I’m sure he won’t mind your telling us. What were they wearing?’

  ‘Suits. Black or grey, I’m not sure, and a tie, and black shoes with laces.’

  ‘Did you hear them call each other by name?’

  ‘No.’

  ‘What were they doing when you and Father Gerrard came in?’

  ‘They were having a drink and talking.’

  ‘Do you know what they were drinking?’

  ‘No.’

  ‘All right. Girl A, what happened next?’

  ‘Father Gerrard told me to stand in front of the table where the men were standing, and not to say anything unless they asked me something.’