The Gazette’s report of a solicitor being struck off for telling a judge in Leicester that he was in London rather than Germany reminds me of a case I had at Lewes Crown Court.
My case concerned the eminent pathologist Keith Simpson, an unassuming man who used to deliver his reports by hand (usually unannounced) to my office and sit sipping tea while I read them and asked questions. This was a murder case in which we hoped Simpson’s evidence would get the charge reduced to manslaughter.
There was no question of fixing a date in those days and the trial suddenly popped up in the list. I telephoned Simpson’s secretary. No, he could not be in Lewes – he was in Mold, giving evidence. Into the Lewes witness box I was put to explain why an adjournment was necessary. The judge was not impressed.
Surely, I had issued a subpoena? Adding a couple of m’lords, I said it was not usual to subpoena one’s own expert. The judge adjourned for 10 minutes and came back in a temper. It turned out that Simpson was not in North Wales at all. He had told that court the same story to excuse himself there. In fact, he was lecturing to some RAF cadets in Mildenhall, Suffolk.
This time the judge said Simpson was to be in court at 2pm, or he would issue a warrant. Simpson was there at a quarter to, just in time for a consultation. He sat next to the jury throughout the prosecution witness expert’s evidence, muttering ‘that’s right, good boy, absolutely, that’s what I taught you’.
There was really no need for anything but a brief cross-examination. By the end of the afternoon, the prosecution had capitulated. They would take a plea to manslaughter.
Just before he rose the judge said ‘Sir Keith, haven’t you something to say to me?’
‘I’m sorry for any mistake and inconvenience,’ or words to that effect, said the pathologist. ‘Quite right, Sir Keith,’ said the judge. ‘Just remember in future whose court this is.’
The next day my client received four years. That was ‘a result’.
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