The Trials of Sally Dunning and a Clerical Murder

by Miller Caldwell

  ‘Oh yes, both were having a real good fight.’

  ‘A fight, Mr. Pattison?

  ‘Well, no, not a fight. Ms. Dunning put up no resistance. She was helpless on the ground.’

  ‘Thank you. I have no further questions.’

  ‘Mr. Brown, do you have any questions?’ asked the judge with a hint of an invitation to abandon the case now that his defence was becoming untenable.

  Mr. Brown rose with his hands on the table in a slightly crouched position. ‘Mr. Pattison, you were an experienced vet.’ He took a deep breath. ‘When a dog is old, what difficulties does it face?’

  Mr. Pattison hesitated trying to see why this question arose. ‘Er...no two dogs are the same. A larger dog may have hip difficulties and some go a little deaf.’

  ‘Some dogs go deaf and what about their sight?’

  Helen jumped to her feet. ‘My Lord, my friend is being obtuse. We are getting a lecture on the canine health of older dogs. How can any of this be of any significance to the matter in hand?’ asked Helen.

  ‘I am inclined to agree,’ said the Judge with an almighty sigh. ‘Mr. Brown, I hope the lead is appropriate in this canine mystery.’ Helen smiled at the Judge’s dry humour.

  ‘I ask you to bear with me, my Lord. Mr. Pattison, I was asking how frequent do older dogs lose their sight?’

  ‘I think many do lose their sight or more likely their sight may be weakened. Rather like the sight of humans in their latter years. Dogs suffer the same ailments as humans.’

  ‘So you are saying in our latter years we may lose our sight or have sight impairment perhaps?’ but he left no time for him to reply. ‘Mr. Pattison, you attended an identity parade at the police station and did not identify one person according to the report I have before me. You actually identified two people, not one. Not so?’

  ‘Well, yes, I did think I spotted two people.’

  ‘Oh, indeed you did. You incorrectly identified a police officer in civilian clothes as a suspect. Is that not the case?’

  ‘Apparently so,’ said Mr. Pattison with a shaky voice.

  ‘I put it to you, as a retired professional, that your eyesight might be impaired. After all you saw both youths attack the victim in your evidence but you could not identify them both. Perhaps you are diabetic?’

  There was a hesitation.

  ‘Yes, I am diabetic.’

  ‘And do you wear glasses?’

  ‘Yes, I do.’

  ‘Were you wearing them at the time of the alleged incident?’

  ‘No, I don’t need them when I am walking my dog.’

  ‘Eyesight and diabetes have a close relationship. It would seem that this may have made recognition difficult. Would you agree?’

  He felt his heart beat loudly. ‘I identified Ms. Donna Riley. You must realise they ran away in a bent posture. In the identity parade their height was deceptive. But I assure you Ms. Riley was one of the attackers who assaulted Ms. Dunning. I remembered her face well.’

  Mr. Brown returned to his papers. He scribbled some marks then accepting defeat, said ‘I have no further questions.’

  Helen was quick to go for the jugular.

  ‘I call Inspector Mark Rawlings.’

  The court official bellowed the Inspector’s name and in he came standing erect and confident.

  His hand was raised to take the oath as soon as he mounted the witness box.

  ‘Mr. Rawlings, please tell us your length of police service and your position in the force.

  ‘I have been a police officer for fifteen years. I am the lead Inspector of the drugs unit.’

  ‘I believe you accompanied Sergeant Jim Boyd to the home of the accused. What did you find there?’

  ‘It was not the first time I had been there. On this occasion we found a large amount of category A and B drugs in bags secreted around the house. A list of the drug recipients was also found and there were also stacks of money which could not be explained.’

  ‘What happened next?’

  ‘We then returned to the police station cells and charged both Mr. Ritchie and Ms. Riley for the possession and supplying of category A and B drugs.’

  ‘Did you find anything else in the house?’

  ‘Oh yes, I almost forgot. We took possession of their separate computers. They confirmed that they had tried to sell a necklace, an engagement ring and a broach over the eBay service.’

  ‘From the list of stolen items from the Dunning home could you come to any conclusions?’ Helen asked as she gathered her gown which had slipped down her shoulder and interfered with her writing hand.

  ‘The items put up for auction on eBay were identical to the items stolen from the Dunning house.’

  ‘You have a print-out of the eBay items?’ asked Helen.

  ‘Yes, all on the one page.’

  ‘Then this list of eBay goods is production number 8,’ she said taking it to Mr Brown before depositing it on the table.

  ‘Thank you officer, I have no further questions.’ Helen sat down pleased with this witness’s confident evidence.

  ‘Mr. Brown?’ invited the Judge looking at his watch ostentatiously.

  ‘Thank you my Lord. Yes, officer, and how do you link the eBay dealings with the stolen items beyond speculation, Mr. Rawlings?’

  ‘I’m sorry? Speculation is not part of my work. I’d put the odds extremely high that these were the same items reported stolen from the Dunning residence. Fortunately the items were not sold.’

  Mr. Brown’s eyebrows arched and he pouted his lips. ‘There must be some doubt surely? “extremely high” you said, but not definite,’ Mr. Brown walked closer to the Inspector with anger in his face.

  ‘Only a minimal doubt. I’d put it at 99% certain,’ said the inspector.

  ‘You want to put it at 99% because you want a conviction, don’t you?’ he growled.

  ‘Indeed. I have known both of the accused for a number of years and the evidence which we have collated is before the court.’

  ‘But never has either of my clients faced six charges before?’

  ‘That is true.’

  ‘In fact, it was usually one or two charges in the past. Understandable given their poor start in life. I put it to you that Bones and Donkey are not big time evil crooks. I suggest that you have thrown the book at my clients to bump up your police targets.’

  ‘I find that outrageous, Mr. Brown. The Police do not do what you are suggesting. The evidence supports the charges which the Crown has brought to court,’ he said, with his face and neck turning red as he spoke.

  ‘So you are the Crown and the jury in this case? Thank you, Inspector Rawlings. I have no further questions,’ Mr Brown turned his eyes away from the Inspector and sat down to scribble some more notes.

  Mark strode off the witness box passing Mr. Brown as he did. He hesitated as he approached and gave him a stare which penetrated his eyes for a moment. Mr. Brown flinched first. The jury took note turning to each other with a look of astonishment. Then Helen rose to her feet.

  ‘My final witness is Mr. Michael Harper.’

  Mike Harper was the auctioneer. He strode into the witness box and smiled at Helen. He wore thick black framed glasses and appeared with a silver Christian fish on his lapel. He took the oath with his hand caressing the Holy Bible.

  ‘Mr. Harper you are a senior partner at the auctioneers Harper and Pierpoint, is that not so?’

  ‘Indeed I am.’

  ‘You were approached by a customer offering comics to be auctioned. Do you remember that day?’

  ‘Yes, I do indeed. Comics are rarely brought to us.’

  ‘In the court room do you see the person that brought the comics to you?’

  ‘Yes, over there Ms. Riley,’ he said pointing to Donkey.

  Helen then produced p
roduction number 2. She took it to Mr. Harper.

  ‘Can you tell the court what this piece of paper is?’

  ‘Yes, this is a copy of the receipt I gave to Ms. Riley on receiving the comics which I told her would be sold at a London Auction.’

  Helen returned the receipt to the table in the centre of the court to join the other productions on the table.

  ‘That is all Mr. Harper,’ said Helen returning to her seat as Mr. Brown stood up.

  He straightened his tie knot. ‘Mr. Harper, did you not receive the comics from Wales?’

  ‘That is what I was told, yes.’

  ‘You see my client does not dispute she came to you and had comics to sell, but her deceased uncle in Wales collected them, not so?’

  ‘That was the story she gave me.’

  ‘Come, come Mr. Harper, it was not a story. Surely my client, with a minimal education, could not make that fabricated story up, a story worthy of a Coronation Street episode. Did you not believe her?’ he asked with a circular turn making his gown’s wings fly.

  Mr. Harper took off his glasses and as he spoke jabbed them in the air. ‘Then if I am to believe her, she told me she was going to give her aunt some of the proceeds she would get when the comics were sold.’

  ‘Exactly. Not a thug, not a housebreaker but a caring niece.’

  ‘The aunt had no name or address mentioned in Wales but I acted in good faith with a clear conscience. It is an aspect of my profession to judge each submission with perspicacity,’ he added returning his glasses to his nose with a grin informing all that his outburst placed the onus back on Donkey.

  ‘I have no more questions,’ he said ignoring the auctioneer’s last comment.

  ‘That is the case for the Crown my Lord, I have no more witnesses,’ Helen said relieved that the battle with Mr. Brown was over from her side. She waited to see if Mr. Brown had any witnesses. If he had, she would object that she had not been notified of them or had not had sufficient time to precognose them. The trial had taken a lot out of her. Mr Brown had been up to his usual antics and theatrical roles which he loved to play, especially with the press in attendance. Helen was still very much on edge. She opened her handbag and looked down into it. Yes, it was a full packet of cigarettes she saw. She patted the box. It would soon be time for their appearance.

  ‘Mr. Brown, are you ready to proceed?’

  ‘One moment my Lord. May I have a brief word with my clients?’

  ‘Make it brief Mr. Brown,’ said Lord Rotherham.

  Mr. Brown strode off to the accused like a half-time football goalie having let in a couple of goals. Three heads congregated in an inaudible murmur. There was a titter amongst the jury members and Helen tapped her pen on the table to a regular tempo.

  Eight minutes later Mr. Brown arrived and the case continued.

  ‘My Lord, I do not intend to call any witnesses.’

  Helen relaxed. Mr. Brown seemed to have lost some of his confidence.

  ‘Then, Miss Regan, are you ready to sum up the case for the prosecution?’

  She nodded. ‘Indeed, I am my Lord.’

  Helen took the time to place her papers in order. It was appropriate preparation for the jury to see that she was a thorough professional.

  ‘What this case is about is exploitation. Exploitation of the nastiest kind, carried out by two well-known locals with greed on their minds. So the grooming of Sally Dunning began, taking her home, giving her free cinema tickets. She received £20, not interest from her deposit, but to keep her from prying into their financial affairs and not forgetting their devious caring manner which bled Ms. Dunning’s account to the sum of £2,500. Then we learned today of the banker, the accountant. The banker indeed. Would you use Banker Ritchie? I doubt it. Now I refer you to the fingerprint on the snooker table, the evidence of Mr. Kinghorn witnessing the attack. I remind you of what the computers of both accused showed. Stolen goods from the Dunning household being auctioned on eBay. And what can we say about the drugs? The reason they bullied and extorted Sally Dunning was to enable their drug kingdom to flourish in Wigan and beyond. And why could Sally Dunning not remember who attacked her? Was it because she did not want to offend them? No. Was it because they were friends? No. It was because they gave her Scopolamine a powerful drug which knocked her out before she was assaulted. Ladies and gentlemen of the jury, you have only one duty left to perform. It is for you to consider the evidence of what you have heard and the exhibits you have seen. Does the weight of facts tilt towards guilt or innocence? I put it to you that beyond reasonable doubt, the legal standard required in this case, Bones and Donkey, the aliases of Barry Ritchie and Donna Riley, did assault Sally Dunning, did defraud Sally Dunning’s bank account, did break into the Dunning’s home and did steal items of jewellery and comics, did deceive, did administer drugs to Sally Dunning and did trade in the supply of Class A and B drugs. If you agree then you must find Mr. Ritchie and Ms. Riley equally guilty of deception and exploitation in all of these charges. I await your verdict with patience and thank you for sitting through attentively to the trials of Sally Dunning.’

  Helen returned to her seat and took a drink from a glass of water. She was dying for a cigarette. She would not have long to wait now.

  ‘Mr. Brown, are you ready?’ asked Lord Rotherham.

  ‘Indeed, I am. Ladies and Gentlemen of the jury,’ he began striding up and down the court close to the deciding members stalls. ‘It is easier to drive a Mini than an E-type Jaguar with Turbo jets. I am sure you agree.’

  Helen’s eyes met the Judge’s in disbelief at his opening gambit. Two of the jurors shook their heads in disbelief as well. It was a good sign, Helen thought.

  ‘So, too, would it be easier to judge a Breach of the Peace case than a convoluted collection of half-baked charges as we have today. Ladies and gentlemen, you may think the evidence is cut and dried. But I ask you why the good vet was unable to identify both accused? And was there any evidence, I mean the names, and not the list, of who my clients supplied the drugs to? Well possibly, but they were not productions of the Crown. Now, I crucially turn to the victim. I see and understand where your sympathies lie. Make no mistake, ladies and gentlemen, no one regrets the disadvantages in life which have befallen Ms. Sally Dunning more than I, but on her evidence we heard a woman anxious, indeed over anxious to please. Please the prosecutor of course, but please me too with her honest friendship with my clients. They are friends. It is, ladies and gentlemen, not a plain sailing case. At times it has been a muddled and confused story. If we have in the UK a system which stands up to scrutiny then it is the law of this land. I ask your consciences this. With the evidence you have heard, is there not sufficient doubt in your mind that Bones and Donkey have been set up in a system, out to catch them and return them to prison? We are, ladies and gentlemen above that temptation. If you agree with me, ladies and gentlemen, then you are duty bound to find my clients not guilty. I thank you,’ he said gathering his black wings and perching on his seat to listen to the conclusion of the case.

  Helen was still counting the times Mr. Brown had used the phrase ‘ladies and gentlemen’ in his summing up. She could admit he had charm but hoped that would not extend to the grim faced jurors.

  Lord Rotherham then addressed the jury. He reminded them to make their decision on the facts of the case and not on the reputations of the accused, or either lawyer. He also urged them to consider Sally Dunning’s evidence with care, particularly when she agreed with her questioners. Finally they could take as long as they wished to reach their conclusion. They were told to return to their room where tea and coffee would be served.

  The court official rose up from a slouched position and loosened his black neck tie.

  ‘Court rise!’ he bawled like a football supporter and the proceedings ended. But for how long? Would it be a speedy decision? It could be, thought Helen, but not
too soon she hoped. She was heading outside onto Darlington Street where she’d enjoy her cigarette watching the traffic flow by.

  14

  The Verdict

  At 4.45 p.m. the jury returned to take their seats. The accused appeared from the cells below and Mr. Brown returned to his desk shaking his head at them. Had his clients accepted his advice a deal might have reduced the sentence they now might face. But they wanted to have their day in court and it seemed to have backfired. Mr. Brown bore no grudge, it was unprofessional to do so, but his eyes now avoided them as if he were a blinkered horse.

  Judge Rotherham mounted his bench. He called on the chairman of the jury.

  ‘Have you reached a verdict?’

  Mr. William Shankland stood in his sports jacket and orange tie. He cleared his throat. ‘We have reached a unanimous verdict.’

  ‘How do you find the accused in relation to the first charge: the charge of supplying class A and B drugs?’

  ‘Both guilty.’

  ‘On charge two: causing grievous bodily harm?’

  ‘Both guilty.’

  ‘On charge three: that of assault?’

  ‘Both guilty.’

  Bones shook his head while Donkey sat impassionedly as if a school master was reading out a poem.

  ‘Charge four: burglary.’

  ‘Both guilty.’

  ‘Charge five: administering poison with intent to injury?’

  ‘Both guilty.’

  ‘Charge six: obtaining services by deception.’

  ‘Both guilty, my Lord.’

  ‘And you found them both guilty of all the charges, is that so?’

  ‘Yes, my Lord both guilty of all the charges.’

  ‘Thank you. You may be seated,’ said his Lordship scribbling his last few lines should there be an appeal of the decision he was about to make.

  The Judge gathered his papers together and bumped them on his table. He first turned to the jury on his left and addressed them.

  ‘You have been chosen to represent your community and you have diligently followed this case. It has been a trying case and a challenge for all of you to make your decisions. I am grateful for your deliverances.’