‘But my comics have been stolen.’
Joyce held her breath for a moment as she thought through the next challenge. ‘Yes, I know but...I tell you Sally, let me bring you a comic. I’ll get one on my way to court.’
Sally did not show she was pleased with the outcome. She had focussed on the end of the sentence.
‘Will you be with me in Court?’
‘I’ll be at the court. I hope to sit alongside you but if not, you will see me in the gallery. It depends if the defence or the Judge lets me in,’ she said crossing her legs.
‘Now the accused will face you, they may smile at you but remember they are not on your side.’
‘Yes.’
‘You will be asked questions first by the prosecutor. Helen will be as helpful as possible. Then your evidence will be tested from the accused’s side. You might find that difficult,’ she said looking for signs of comprehension.
Joyce concluded the only appropriate way. ‘I am sure you will be a good witness, Sally. Simply tell the truth. Answer the questions honestly. That’s all you have to do.’
‘Yes, tell the truth.’
Joyce stood up and shook Sally’s hand. She smiled back at her but looked blankly into her eyes. Joyce knew this would be a challenging legal confrontation. She hoped the prosecutor would rely on other evidence. With that thought in mind she left as Elsie returned to the lounge.
‘Did you understand what the lady was saying to you, Sally?’ she asked.
Sally’s eyebrows rose an inch. ‘Not really,’ she replied with shaking hands. Then she remembered. ‘I must tell the truth.’
‘Yes, and you have always done that haven’t you, dear?’
‘Yes, Mum. I always tell the truth.’
Elsie sighed, feeling sorry for what Sally was about to endure. She sat beside her and rubbed her knee.
‘It will be alright. Now, here’s is a letter addressed to you.’
She handed it to her. Sally took it and ripped it open. She handed it back to her mother as usual but mother always gave her daughter the right to open her letters on every occasion. It gave her ownership even although she could never follow the message a letter sent. Along with a letter was a cheque. It was from Coralee. It was her first royalty which had arrived. The cheque was for £2,947.75.
13
The Trial
Monday 23rd August was an overcast day. It was a muggy, sticky day which promised a thunderstorm as the gods seemed angry. Sally was dressed in a new peppermint green striped blouse. Her yellow cardigan contrasted and her shoes had been polished for more than half an hour the previous evening. Sally knew this was the day, her day. Her citation, which had arrived a week earlier, had made that clear. In her pocket her fingers caressed her A key harmonica.
The County Court seemed very busy as Monday mornings often were. This was the court for the more serious cases. Other less serious cases such as disorderly behaviour were dealt with by the Magistrates’ courts. Many initial Magistrate court cases which had been denied were now at the County court along with the more serious cases arriving for the first time. Frequently advised to deny their cases, their first time proceedings would be adjourned. By doing so the defence solicitors bought time for deals to be made at a future date. That future date had arrived for some of Wigan’s defaulters. Bones and Donkey were in that category in the cells beneath the court hearing the falling rain on the high Perspex roof patter like a kettle drum.
Helen Regan entered the waiting room and found Sally and Elsie seated together at the far end of the room. She shook their hands warmly and advised them that their proceedings would follow after the cases of those now settled by agreement. Elsie stood up and ushered Helen to one side.
‘Who will be defending? The Criminal Justice social worker Joyce told me that might be crucial,’ she said holding on to Helen’s sleeve.
‘How true. I’ll be up against Mr. Ralph Brown. I need say no more. I’ve got my work cut out for me today,’ she said clutching the folder close to her chest.
At 10.45 a.m. Sally was led by Helen through the corridors to appear within Court No 2 and seated on the front row waiting to be called.
His Lordship Nigel Rotherham took up his position on the bench. A jury of twelve people took their seats at the side of the court room. The Judge then invited the Prosecutor to proceed with the next case and to cite the charges.
‘Thank you my Lord. First may I say that that I am obliged to my friend for agreeing that the accused cases can be co-joined.’
‘Is that so Mr. Brown?’
‘It is indeed the case, your Lordship,’ said Mr. Brown returning to his seat with a sneering smile of gratitude shown to Helen. It suited his clients as much as it did the prosecution. Court was pure theatre. The players enjoyed their roles, amid heightened concentration.
Helen returned to her feet holding a list of indictments. She peered over her black framed glasses at the accused on each count. ‘Firstly, Ms. Donna Riley, also known as ‘Donkey’ and Mr. Barry Ritchie also known as ‘Bones’ are jointly charged as follows:
‘That you, Mr. Barry Ritchie and you Ms. Donna Riley are jointly charged with the supply of Class A and B drugs on several dates within the last six months with intent to supply to others known. This being an offence under Section 14 of the Misuse of Drugs Act 1971.’
Secondly, Ms. Donna Riley and Mr. Barry Ritchie you are jointly charged with wounding or grievous bodily harm with intent to cause grievous bodily harm to Ms Sally Dunning in the Plantations Park grounds of Wigan on 24th May this year. This being contrary to Section 18 of the Offences against the Person Act 1861.
Thirdly, Ms. Donna Riley and Mr. Barry Ritchie you are jointly charged with Assault occasioning actual bodily harm to Ms Sally Dunning, on 24th May in the Plantations Park grounds of Wigan. This being contrary to Section 59 of the Offences against the Person Act 1861.
Fourthly, Ms. Donna Riley and Mr. Barry Ritchie known as Donkey and Bones are jointly charged with burglary from the premises of the Pines, Leyland Mill Lane, Wigan on a date between 12th April and 3rd May. This being an offence under the Theft Act of 1979 Section 9(3) a.
Fifthly, Ms. Donna Riley and Mr. Barry Ritchie are jointly charged with obtaining money by deception from Ms Sally Dunning between February 28th and May 24th this year. This being an offence under the Theft Act Section 1.
Sixthly, Ms. Donna Riley and Mr. Barry Ritchie are jointly accused of administering poison with intent to injure Ms Sally Dunning on 24th May in the Plantations Park grounds of Wigan. This being contrary to Section 24 of the Offences against the Person Act 1861.’
Thereafter Helen sat down as his Lordship continued to write. Her eyes crossed over to Mr. Brown’s table but when she caught his eye he simply shook his head as if to say, you have thrown in the kitchen sink this time, you’ll never get all these charges proved.
‘Thank you Miss Regan, you may proceed,’ his Lordship intoned.
Helen got to her feet again and pulled her gown over both shoulders. She had prepared the opening statement.
‘Members of the jury, both accused face several charges and that may make you think that there was more than one victim in the events which will unfold. Well, you would be right. A burglary affects a whole family even if they do not live in that burgled relative’s property. You will find there is a main victim and in this case before you today is a woman who has a restricted personality, if I may be as so bold to describe her that way. She is autistic and brain damaged. She has a very necessary and close relation with her mother and sister. This is a case I hope to prove has been devastating for this family and particularly Ms. Sally Dunning, a very vulnerable individual. The Crown will bring evidence of systematic and persistent grooming to the point at which abuse and violence took over. Make no mistake, this is a very serious collection of alleged charges which the alleged perpetrators face and t
he Crown wishes to prove.
I urge you not to place all your sympathies on the victim, as would be natural in this case, but to listen to the evidence presented and to decide accordingly. Thank you,’ she said and took her seat graciously.
Mr. Brown?’
‘Thank you my Lord,’ said Mr. Brown getting to his feet and dropping his gown off his right shoulder. He opened his hands wide in an appealing manner. ‘I don’t deny my clients have known the police in the past. I suspect that, but for the Grace of God, we have not had such an unfortunate start to life. Born into drug consuming families, they did well to find a school which supported them and did much to give them a better start in life. They have tried hard to lead that life and they admit at times they have fallen short. But is that surprising? No, but what is surprising is the number of charges which my clients face. Don’t be bamboozled by the amount of evidence which you will hear. It seems the Crown is throwing the book at my clients. It is for you to catch that book and read its pages. Let the evidence speak for itself. That will show a more caring and deserving couple of accused. I thank you.’ Mr. Brown adjusted his gown and bowed to the jury theatrically as he returned to his seat.
The judge raised his eyes above his glasses and nodded to Miss Harper. She took the cue.
‘I call my first witness, the alleged victim in this case, Ms. Sally Dunning. My Lord it is important for me to stress at the outset that my client is autistic and has through an accident at birth a mental age of a minor. The court must be aware of these facts and circumstances as she responds to questioning, from both sides,’ she said looking across at Mr Brown whose sneer said it all.
‘Very well,’ his Lordship said while noticing Mr. Brown’s intention to object. ‘Mr. Brown?’
‘My Lord will be familiar with proceedings in the Family courts where children of a very young age are able on occasions to provide crucial evidence which can lead to a parental prosecution and family convictions. While I accept Ms. Dunning may be on the autistic spectrum, I expect she will be able to answer with due ability. After all, it is a continuum and I am sure we are all somewhere on that sliding gauge ourselves.’
‘That remains to be seen, Mr. Brown. However you are right to bring the matter to my attention. Nevertheless, I expect you to refrain from your usual robust enquiry for this vulnerable witness. Not so?’
Mr. Brown did not reply. He merely placed his hand on his writing pad and turned over a new leaf.
Helen then began the prosecutor’s case. She had previously rehearsed the taking of the oath with Sally and so she obliged, holding the bible with both hands until Helen raised her right arm and Sally did the same. Sally then promised to tell the truth, a concept that was a very natural concept for her.
‘Please tell me your full name,’ she asked with a smile at her.
Sally gave a gulp before answering. ‘Sally Dunning.’
‘And where do you live, Sally?’
‘I live at the Pines, Leyland Mill Lane, Wigan.’
‘And your age?’
‘Yes, and my age,’ Sally replied instinctively repeating the question which she had failed to grasp.
Helen paused. It dawned on her that her questioning had to be more prosaic. ‘Ms. Dunning, how old are you?’
‘I am fifty-four.’
‘Thank you. Now I ask you to look around the court. Can you see anyone you recognise?’ Helen awaited the confirmation of Donkey and Bones but that was not what Sally had heard. Nevertheless Helen knew not to stop her in her tracks or criticise her for her ambiguous question.
‘I see Mum, I see Mr. Brown, I see my social worker Joyce. I see the Judge over there, as well.’
The jury smiled, some of whom hid their smiles with the back of their hands.
‘Is there anyone you missed, Sally?’
‘Yes, I missed Donkey and Bones.’
‘And where are they? Can you point to them?’
‘Over there,’ she said pointing at them and smiling. Both accused smiled back at Sally with wide and friendly smiles.
‘How did you meet Donkey and Bones?’ Helen asked as she flicked a stray strand of hair backwards.
‘I was lost in the park and Donkey took me home.’
‘That was kind of her. Wasn’t it?’ asked Helen eyeing Mr. Brown’s surprise at the compliment to his client.
‘Then she gave me a ticket to go to the cinema.’
‘The cinema? And did you go to see a film?’
‘Yes, she paid for my ticket. The film was called A Man Called Ove. It’s a comedy about an old man who gets.....’
‘Let me stop you there Sally, perhaps we can hear about the film at another time?’
‘Okay, later?’
‘Yes, that would be good. You were telling me about Donkey and Bones,’ she smiled as did the Judge and most of the jury. In fact, almost everyone except Mr. Brown who was taking careful notes about Sally’s interesting testimony.
‘Yes, well then I met Bones, the accountant.’
Helen paused a moment giving his Lordship time to complete his writing. ‘You said Bones is an accountant?’
‘Yes, I brought money to him and he made it grow.’
‘You brought money Ms. Dunning. Or were you asked to bring money?’
‘Objection,’ said Mr. Brown jumping up like a jack-in-the box. ‘Leading the witness,’ he said.
‘Mr. Brown, Miss Regan asked a question with only two possibilities. Either Ms. Dunning brought the money on her own volition or she was asked to bring the money. From the evidence I have heard, so far, the money was received by your clients, or your accountant client, as I have noted. It is not a matter that the money was received, but how it was received is of significance to me. I wait to hear the response. Miss Regan, continue please.’
‘Miss Dunning, were you asked to bring money?’
‘Yes.’
Helen glanced at Mr Brown to make sure he was listening. He pouted his lips in response.
‘I see, and have you received any money back?’
‘Yes,’ Sally said excitedly. ‘I got £20 back.’
Mr Brown’s eyebrows lifted in surprise. The prosecution was making his clients saints. Or that was his interpretation on the facts so far stated.
‘Can you tell the court how much money you gave to Bones?’
Sally frowned. She did not like wrong answers but this was a wrong question.
‘I didn’t give him money. He asked for it.’
‘I see, sorry,’ Helen said biting her lip. ‘But can you remember how much it was Bones asked for?’ she said giving a mild grin at her adversary.
‘No,’ she said shaking her head vigorously from side to side, unable to remember the grand total.
Helen moved towards the table in the centre of the court holding a bank statement. ‘This is Ms. Dunning’s bank account from which, on a regular basis, the sum of £500 has been removed from the account. Does the sum of £500 ring a bell for you Ms. Dunning?’
‘Yes, it rings a bell. £500. I gave him £500 each time.’
Mr. Brown got to his feet. ‘Objection, leading evidence. Placing the sum of ‘£500’ in her mouth. Like a parrot she replies just after not remembering how much she withdrew.’
‘Noted Mr. Brown, for the time being. I look forward to reading exhibit 1 which will address this issue.’
Helen obliged. ‘Production 1 is this bank statement in which £2,500 has been withdrawn in five equal amounts of £500 pounds.’ She walked forward and placed the itemised bank statement on the table. She turned and looked at Sally.
‘Why did you give Donkey and Bones these amounts of money?’
‘Because Bones is a banker, an accountant and he can make money grow if you give him some.’
‘Who told you Bones was a banker?’ Helen asked drawing closer to Sally.
Helen let the moment swell in the minds of the jury.
‘Now, you were away from home not so long ago on holiday weren’t you?
‘Yes, I was in Malta. I met Tom.’
Helen looked at her papers. There was no mention of Tom. She had to either exclude this evidence or make use of it in support of Sally’s case. First she needed confirmation. ‘Who is Tom, Sally?’
Sally realised Helen had never met Tom and he was not in court. In truth she had difficulty in describing who he was and what he meant to her so she resorted to stare ahead and remain silent.
Professional eyes flew around the court for a moment but Helen did not pursue the enigma of Tom. ‘Anyway, when you returned from holiday, was anything missing from your home?’
‘My comics were missing.’
‘To be more accurate Sally, these were not just comics were they?’ she asked tilting her head.
‘No.’
‘What made them special?’
‘I had lots of them in boxes. The boxes were empty.’
‘Yes Sally, but what was special about the comics?’
‘They were all mine.’
Mr. Brown looked at the bench who looked at the jury wondering where this line of questioning was heading, if not for the buffers.
‘Were they not a collection of.... special comics....’ Helen held her breath for a moment. She was going to annoy Mr. Brown but she did not hold back.
‘Were they not the complete set from Edition number 1 to the most recent?’
‘Yes.’
Mr. Brown got to his feet. ‘My Lord, if my friend had asked if she had book markers in each comic, I suspect this witness would answer “Yes”. In fact, this is an agreement exercise and I’d ask the court to take note that this is an unreliable witness.’ Mr. Brown sat down his point having been made to his smug satisfaction.
The Judge looked at Mr. Brown with stern eyes piecing the lawyer’s gaze.
‘Evidence will be what it is, Mr. Brown. Be grateful you do not suffer from any affliction other than my wrath. We shall soon see if the Crown has produced a sequence of comics to redress the balance. Take note, Mr Brown. Miss Regan, please continue.’
The Trials of Sally Dunning and a Clerical Murder Page 11
