Court Out - By Elle Wynne Page 0,35
from a council officer detailing that the total amount that has been overpaid to Ms Goodridge is just over fifteen thousand pounds.
After reading through my notes, I next become aware that Serena is reading out the full transcript of Ms Goodridge’s interview. Have I missed something? I turn around to see my solicitor behind me also looking puzzled. Serena reaches the final page of the interview and with a flourish, speaks.
“Your Honour, that is the case for the prosecution.”
This means that she had presented all of her evidence and intends to put nothing else before the jury. Instead of thanking her and allowing me to call my client, the Judge frowns deeply.
“Jury out,” he requests of the usher.
Serena turns and looks at me in bewilderment as the jury are shepherded out of the small door. When they’re all successfully through and the door is shut firmly behind them, he speaks, each word carefully considered.
“Miss Taylor, is it your opinion that now is an appropriate time for you to close your case?”
Serena looks affronted.
“Yes. All of the evidence I’ve read out has been agreed and there’s nothing else I can or want to give them.”
What she hasn’t spotted is that she’s failed to adduce the benefit form that Ms Goodridge signed declaring that she was living as a single woman; without it there is no case. It’s a technicality, but a crucial one.
The Judge picks up a copy of the charge sheet and takes a minute to read it to himself.
“You will of course appreciate that after you close your case then I will not allow you to introduce any further evidence?” He says slowly.
“Of course,” she replies haughtily; rather than acknowledging that he is trying to help her for some reason she seems to be taking his comments as negative interference. I know that some judges would just tell her that she’s missed something huge, but this one prefers to be more subtle. The relevant documents are literally spread out in front of me and as she looks over, I’m tempted to hide them under the rest of my papers. I refrain and keep my eyes forward.
“Well, if you are satisfied that you have made out your case? I am perfectly happy to give you a little time to reflect on your answer?”
“I don’t need any time,” she insists “I’m ready now.”
“So be it.”
He turns to the court usher and indicates that the jurors are to be returned to their positions. I shuffle in my seat as they resume their places, a knot of anxiety forming in my chest. When they are all in their seats, Serena continues where she left off.
“Your Honour, that is the case for the prosecution.”
She takes her seat with a satisfied expression on her face. Rising to mine, feeling like a complete bitch, I clear my throat.
“Your Honour, a point of law has arisen. I wish to discuss it in the absence of the jury.”
Grumbling, the twelve selected made their way out for the second time, shooting me evil looks in the process. I address the Judge when they are out of earshot using the shortest sentence I can manage to get the job done.
“Given that the prosecution are no longer able to prove the charge against Ms Goodridge, it is my submission that there is no case for her to answer. Accordingly I invite you to stop the case and invite you to direct the jury to enter ‘not guilty’ verdicts.”
Serena looks at me openmouthed. Before she has a chance to challenge this, the Judge addresses her.
“You accept Miss Taylor that you can not prove that the Defendant has dishonestly failed to declare a change in her living circumstances?”
“I do not!” she explodes. “The Defendant has signed a declaration stating that she is a lone female, when in fact she was living with a man, who was effectively her spouse.”
I swear I can see a look of pity in our Judge’s eyes.
“That may be so Miss Taylor, but where is the evidence before the jury of that?”
“It’s, it’s-”
She tails off as the penny drops. Serena picks up some pages from the bench in front of her and shuffles through them. We sit in silence as she turns them over in order before stopping at the relevant exhibit. I can see that in her hand she has found her copy of the form signed by Miss Goodridge relating to her latest claim to benefit. She looks at it, then at her pile of notes, then