The Trials of Sally Dunning and a Clerical Murder

by Miller Caldwell

  Despite the frequent objections, Helen felt she had won the first round. ‘Exhibit number 2 is a receipt. A receipt for the comics which were sent by Harper & Pierpoint to a special comic and toy auction in London. The receipt is signed by one Ms. Donna Riley.’ Helen showed it to her opponent before lodging it on top of the comics on the desk.’

  Helen approached the table and took a top copy towards the jury for them to see the date of one of the early copies.

  ‘Miss Regan, are you finished with this witness?’

  ‘Not yet your Lordship.’ She looked at Sally. It had been a damage limitation exercise in parts so far, but she had one final matter to deal with.

  ‘You were badly beaten and ended up in hospital. Was that not so?’

  ‘Yes, in hospital.’

  ‘What were your injuries?’

  Sally pointed first to her ribs then her face and finally her head. ‘I had a head scan too.’

  Helen took from the folder some medical X-rays and photographs.

  ‘Have a look at these photographs. I warn you they don’t look pretty. Is that you in them, Sally?’

  Sally lifted the first of three photographs. She hesitated. She saw for the first time how badly beaten she was.

  ‘Yes, I think that’s me, but the photo of a bruised tummy? I’m not sure if that is my tummy.’

  ‘Look at the back of the photo Ms. Dunning. Do you see your name on the back of the photo?’

  ‘Yes, that’s my name.’

  ‘Indeed it is on the back of all three photos.’ Helen took he photographs to the jury and then to Mr. Brown.

  ‘Exhibits number 4, 5 and 6 my Lord,’ she said laying out all three photographs facing the jury.

  ‘These are some horrific photographs of you Ms. Dunning. Who attacked you like this?’

  Sally looked round the court. She saw all eyes looking at her. It frightened her.

  ‘I don’t know,’ she said bringing a beaming smile to Mr. Brown’s lips.

  ‘Think Sally. Why would anyone want to hurt you?’

  ‘Because I did not bring the money?’

  ‘What money do you mean?’

  Sally looked up at the gallery and saw Joyce looking on. She smiled. She stared back. Then she looked at Helen again.

  ‘I asked you, what money was this, Ms. Dunning?’

  ‘It was £500. I did not have it to give to Bones that day.’

  ‘And why was that?’

  ‘Because Becky told me to give no more money to Bones.’

  Helen gave an encouraging smile to Sally. ‘And Becky is your sister, Dr Becky Dunning, is that not so?’

  ‘Yes, Becky is my sister.’

  ‘Thank you Ms. Dunning I have no more questions to ask.’

  ‘Before you rise to your feet Mr. Brown, I think we can resume after lunch at 2 p.m.’ said the Judge prompting the large uniformed court official, who had been observing the proceedings, to play his part.

  ‘Court rise,’ the former Grenadier Guard shouted.

  The Judge stood down from the bench and headed for his smoked salmon sandwich in the fridge in his chambers.

  ‘I suggest you come with me to my office next door Sally and we can have some lunch.’

  ‘What about my Mum?’

  ‘Oh yes, she can come with you.’

  Mr. Brown did not have lunch straight away. He went down to the bowels of the court, to the cells. He then spoke to both accused and told them that the productions looked grim but the prosecutor’s first witness was their weakest link. The accused gave no ground. The case would not be settled or cave in that afternoon.

  At 2 p.m. on the dot the Judge resumed his bench and the participants sat down once more. All except Mr. Brown who stood tall with his drooping black gown held down, as his hands grasped the material by his chest.

  ‘Good afternoon Ms. Dunning, I just have a few questions for you, if you don’t mind.’

  Sally did not do small talk and said nothing.

  ‘Let me call your friends by their nicknames. That’s Donkey and Bones. Did Donkey actually find you lost in the park and brought you home safely?’

  ‘Yes, she did.’

  Mr. Brown let Sally’s response linger in the ears of the jury. ‘That was really a very kind gesture, wasn’t it?’

  ‘Yes, a kind gesture.’

  A further pause for effect was made. ‘Indeed, it was a kind gesture, Ms. Dunning. Was that what made you friends?’

  ‘Yes.’

  ‘And did Donkey not give you a ticket to see this film A Man Named Ove?

  ‘No, he didn’t. It was a man called Ove.’

  ‘I do apologise Ms Dunning, I have still to see the film. But you did receive a free ticket?’

  ‘Yes, I did.’

  ‘And did you enjoy the film?’

  ‘Yes, I enjoyed the film. It was funny.’

  ‘They chose a good film for you, it seems. So Bones and Donkey were very kind to you?’

  ‘Yes, they were kind.’

  ‘In fact, didn’t Mrs Dunning send them a card to thank them for being so thoughtful, so concerned for you?’

  ‘Yes, I took the card to them.’

  A charming smile of the questioner now looked directly at her. ‘Now, these are the actions of good friends. Not so?’

  ‘Yes, good friends.’

  ‘Friends unlikely to beat you up?’

  ‘Yes.’

  ‘Yes what, beat you up or not?’

  ‘No, good friends don’t beat me up.’

  ‘Don’t beat me up you say. But you did end up in hospital, didn’t you? I mean you were injured weren’t you?’

  ‘Yes, I was.’

  ‘And what happened to cause your injuries?’

  ‘I don’t know. I can’t remember.’

  ‘You can’t remember. So it was not likely to be Donkey and it was not likely to be Bones, your friends, was it?’

  Sally was panicking internally. She was not able to grasp Mr. Brown’s question and she resorted to hide under the voice of silence. Conveniently Mr. Brown dropped the subject there and then.

  ‘Now, about the comics. You say they were stolen, was that not the case?’

  ‘Yes, that’s what the police said.’

  ‘So, you are suggesting someone came to your house and took the comics away?’

  ‘Yes, took my comics away.’

  ‘And you think they went missing when you were on holiday?’

  ‘Yes, when we were on holiday in Malta. They were not there when I came back.’

  ‘But Ms Dunning it is possible they were stolen, or went missing a month before you went on holiday. Would that be fair to say?’

  Sally thought through his question. She tried to remember looking at the comics before the holiday. She concluded it was indeed some time ago.

  ‘Yes, I had not seen them for quite a while.’

  Mr. Brown paused. The doubt had been placed in the jury’s mind. They could have been stolen a while ago. The pause was for effect as Helen knew and she wondered which line of attack was to follow.

  ‘When you go on holiday, you make the house safe, don’t you Sally?’

  ‘Yes, make the house safe,’ she said grabbing the witness box rail with both hands, turning her knuckles white.

  Helen rose. ‘Objection, there’s too much leading the evidence from my friend. Make the house safe, indeed.’

  ‘It seems I have given some latitude to both of you. Yet I accept there are some special circumstances required for this witness. I urge you both to keep your challenges in perspective,’ he said.

  ‘And you have a burglar alarm in your house?’

  ‘Yes, we have one,’ said Sally proudly.

  ‘So, if anyone broke in to your home, the alarm would go of
f.’

  ‘Yes.’

  ‘Your neighbours would hear it?’

  ‘The neighbours live down the road.’

  ‘Yes, Sally, maybe they do, but sound travels and house alarms travel so that people can hear them. I don’t think there were any reports of an alarm going off, were there?’ Mr. Brown adjusted his gown with the panache of an actor.

  ‘No, I don’t know,’ she replied casting her eyes around the court and shaking her head from side to side.

  ‘I see you shaking your head. That implies a “No” to me. Anyway, Ms. Dunning, even if the house key was hidden in the garden and even if by chance the burglar found it, the alarm would go off until the code was silenced. Not so?’

  Sally followed what was being said although felt the questions were going too quickly and were far too long.

  ‘So, you can’t tell me who entered the house when you were away, not so?’

  ‘No, it was Donkey and Bones.’

  It was not the reply Mr Brown had been suspecting. He cleared his voice. ‘Ms. Dunning. I am not sure who told you it was Bones and Donkey that broke into your house but there is no evidence leading to my clients breaking into your home. Is there?’

  Sally did not like his tone. She looked at him and raised her voice. ‘Donkey knew the alarm code.’

  Mr. Brown hesitated. He was on thin ice. There was no need to repeat the question as it stood. He must try another tack. Helen scribbled furiously.

  ‘Ms. Dunning, do you remember either Donkey or Bones ever being in your home?’

  ‘No, they have not been to my home.’

  ‘Exactly,’ said Mr. Brown who strode across the court floor for effect; hopefully influencing the jury once more.

  ‘I know Donkey’s alarm code and she knows mine.’

  Mr. Brown scratched his collar. ‘Oh really, Ms. Dunning. I doubt very much if either of my clients have burglar alarms.’

  Sally felt bullied. Her anger arose. ‘Donkey’s number is 9876 mine is 3629.’

  Mr. Brown’s mouth hung open as he turned towards his clients. His gaze cut through both of them. He had heard enough from this slippery witness. He simply said, ‘No more questions.’

  But there was some clarification required and Helen wanted the evidence confirmed.

  ‘I have just a couple of questions, Ms. Dunning. So, I won’t be long,’ she said. ‘Can you tell the court how the exchange of door codes came about?’

  Sally gripped the witness box rail once more but with less tension and bent over it a little. She looked up at Joyce and her recollections came back.

  ‘It was a game. They tried to guess mine but they couldn’t so I told them what mine was. They told me Donkey’s number too. It was 9876.’

  ‘In that sequence?’

  Sally did not understand.

  ‘These exact numbers from 9 down to 6?’

  ‘Yes, that’s how I remember their code.’

  ‘So you have no doubt that you gave Donkey your code 3629?’ Helen asked in a slow clear delivery.

  ‘Yes I gave it to Bones too. And they wanted to know where the spare key was left.’

  Helen was taken aback. She had no notes about the key yet it seemed the missing link. She had to eek out this new evidence like picking out a winkle.

  ‘You say Bones wanted to know where your spare key was. Did you tell him?’

  ‘Yes.’

  ‘And where was it?’

  ‘It was behind a stone near the back door flowers. I use it when I forget my key.’

  ‘Just to clarify, Ms. Dunning. You told Bones that the back door key to your house was under a stone in the back garden?’

  ‘Yes,’ she said and smiled as she saw Helen smiling at her.

  ‘So Bones and Donkey not only had your back door key but also the code to enter your home?’

  Sally realised that it was now possible for both Bones and Donkey to have been in her house. She had given them the means.

  ‘Yes, I told them about the key and the code.’

  ‘Thank you Ms. Dunning, I have no more questions. You may now leave the witness box.’

  The Judge gave Miss Regan a moment to make her notes then his eyebrows were raised and Helen took the cue to proceed.

  ‘My next witness is Mr. Brian Kinghorn.’

  A man in his early forties came to the witness box in a light grey suit. His hair was cut short making him look rather bald. He took the oath.

  ‘Mr. Kinghorn, your age and occupation please,’ asked Helen as she gathered her papers in order.

  ‘I am aged forty-one and I am a scene of crime officer of the Lancashire Police.’

  ‘And how many years of Police service have you?’

  ‘Er..that would be twenty-two years.’

  ‘So a very experienced scenes of crime officer, I presume.’ Helen raised her hand to prevent him agreeing to her assertion.

  ‘I believe you attended a housebreaking report on 23rd of April this year. Is that correct?’

  ‘Yes, it was at the home of the Dunning family, at Leyland Mill Lane on the outskirts of town.’

  ‘What were your findings that day?’

  ‘We did a thorough search of the house and ended up in the attic. There is a snooker table there. We noticed scores had appeared on the blackboard although an attempt had been made to rub the numbers out. We did however get a fingerprint sample from the chalk that was on the fingers of one of the accused. It was when the player had gripped the snooker table underneath its lip.’

  ‘And what did that show?’

  ‘It was a perfect match with the fingerprint taken of Ms. Donna Riley at the police station. It also matched our records of Ms Riley’s past fingerprints.’

  ‘Do you have that forensic report with you?’

  ‘Yes, I have,’ he said offering it to Helen to present to the court.

  ‘Exhibit number seven,’ she said and delivered it to the table moving a photograph to make room for this exhibit forming a jigsaw of productions.

  ‘Did you encounter any other evidence?’

  ‘There was a trace of blood on a fibre of the attic carpet. We managed to trace a further sample on a cushion which had recently been washed. Both samples were analysed.’

  ‘What did the analysis show?’

  ‘It showed a DNA sample identical to that of Ms. Riley.’

  ‘Do you have that report to hand?’

  ‘Yes, here it is,’ he said holding it out.

  Helen approached him and took hold of the document. In a flourish she approached the table.

  ‘Exhibit number 8, I think, the blood DNA matching of carpet fibre and the cushion to that of Ms. Donna Riley.’ She turned towards the jury and gave a contented smile. ‘I have no further questions.’

  ‘Mr. Brown?’

  ‘Thank you my Lord,’ he said rising and hitching up his suit trousers. ‘Mr. Kirkwood, the attic you say, all evidence in the attic. You mean to say there was no other evidence relating to my clients anywhere in the house?’

  ‘That is the case for the house, except the attic, sir.’

  ‘Did you look for fingerprints, for example, on the alarm pad?’

  ‘Yes sir. We left no stone unturned. We did examine the code pad but we suspected a gloved hand was used. The result was disappointing. The chalk fingerprint however was more than ample evidence in my opinion, that and the partial blood smear on carpet fibre and cushion which is matched to that of Donkey, Ms. Riley,’ said Mr. Kirkwood in a smug fait accompli manner.

  ‘So no fingerprints on the alarm,’ he said to gain the upper hand. ‘I have no other questions,’ said Mr. Brown as he ran his fingers through his hair before sitting down. He gave a glance at his clients. They were chatting quietly to each other and grinning. They seemed to be enjoying the atmosphere, oblivi
ous to the possible consequences. Most inappropriate he thought and his grim face pointed at them to show his anger.

  ‘Miss Regan?’

  ‘No questions my Lord. I call upon Mr. Ronald Pattison.’

  A tweed-jacketed Ronald Pattison entered the witness box. His hair was brushed backwards and his forehead was tanned. He held the bible, raised his right hand and took the oath.

  ‘You are Mr. Ronald Pattison? Please tell the court your age and profession.’

  ‘I am aged sixty-five and I recently retired.’

  ‘What may I ask did you do before retirement?’

  ‘I was a veterinary surgeon with Kennedy and Marsham in town.’

  ‘You have a dog of your own I believe. You walk it in Mesnes Park and also at the Plantations. Both dog walking parks in town. Not so?’

  ‘Yes, I do. I have a Patterdale/Spaniel cross mongrel.’

  ‘On the day in question you observed a fracas. Explain what happened.’

  ‘Yes, I was walking Georgie, my dog, when I came across a woman on the ground being kicked relentlessly.’

  ‘What did you do then? How did you react?’

  ‘At first I shouted. That seemed to do little good. They just swore at me. But it eventually made them abandon the attack and then they scarpered off. At that point I phoned the emergency services.’

  ‘And what else did you see?’

  ‘The ambulance came quickly and assessed the victim. Then, after checking her breathing, they placed her in their vehicle and took her away. The police then asked my name and began taking a statement.’

  ‘And I believe you were asked to come to the police station for an identity parade.’

  ‘Yes, that’s true.’

  ‘Did you recognise the two individuals involved in the assault?’

  ‘No, I recognised just one.’ Then Mr. Pattison raised his arm and pointed to one of the alleged offenders. ‘That’s him there; he’s the one on the left.’

  ‘You are pointing to Mr. Barry Ritchie?’

  ‘Yes, I believe that is his name. Mr. Ritchie was one of them.’

  ‘And for clarification, although you only recognised one, both were engaged in attacking Ms. Dunning?’