A Covid murder trial. Thread of 13.
This is a tale to chill the blood and cause barristers to wake screaming in the night. Ok, maybe not quite (only maybe) but instructive I hope.
2 accused. In normal days, 6 days. Listed for 2 weeks. Ha!
Initial points.
Counsel never had a cross word. Everything was sorted by agreement. The judge had to rule on nothing but a half-time submission.
The court staff (with 1 exception - wait for it) were completely wonderful. So were the prison staff in the cells. So were the police.
Day 1: D1, it transpired, was in a prison 75 miles from the trial centre and was not “on the list to be brought”. Judge departed “to make enquiries” & returned to announce he’d be here at 2. Jury sworn. Everyone relaxed. Slippage built into estimate. D now to be housed locally.
Day 2: key prosecution witness in custody does not wish to give evidence. D1 informs us this might be because, on arrival at local jail, he’s placed in next door cell... Governor informed. Case opened & other evidence called.
Day 3: witness still recalcitrant. Other evidence.
Day 4: recalcitrant witness informs police he can’t remember anything & won’t leave cell. Warrant issued. Prison staff decide risk of infection means he can’t be brought to court by use of force. Judge mentions contempt. Witness advised. Says he’ll come but won’t give evidence.
We run out of evidence.
Day 5: witness comes, gets advice, gives evidence. Prosecution finish line in sight.
Wait for it.
Day 6: D1 has temperature. Not on bus. Court arranges link (brilliant work by clerk & prison). We go on. D1 tests negative on lateral flow test. Good news!
Day 7: D1 still has temperature. Not on bus. On link. Until lunchtime when reliable Covid test is positive... finish P case with D1’s permission to do interviews (agreed) in his absence. Adjourn for rest of week.
Days 8 - 11: thumb twiddling. Jury build snowpeople (speculation).
Day 12: arrive to find court manager has moved us to a different court. Only 2 problems - (1) video equipment takes 3 hours to move & no one told the relevant company. (2) New court too small. Judge “makes enquiries”. Much use of tape measure. Proposal that juniors sit in
separate building politely rejected. All counsel move papers to new court. 2pm: we remain in old court. ¾ hour wait for it to be opened so papers can be moved back. But jury already sent away for day.
Meanwhile other case supposed to be in old court adjourned day to day until
court available (spoiler: this takes 6 more days during which 4 counsel are required at court each day, whilst a serious child abuse victim waits...).
Day 13: snow. Juror can’t get in. No hearing.
Day 14: D2 thought to have Covid. Not at court. As D1 not giving evidence adjourn.
Day 15: D2 negative. But nurse at prison says he must still self-isolate. Judge “makes enquiries”. Returns to announce D2 will attend tomorrow. Adjourn for the day.
Day 16: miraculously D2, counsel x 6, judge & 12 jurors all attend & D2 gives evidence. BUT D2 can’t be brought
until 2. So his evidence adjourned part heard.
Day 17: D2 finishes evidence. Discussion on law.
Day 18: 2 speeches.
Day 19: 1 speech. Summing up. Jury out 340pm.
Day 20: jury out all day.
Day 21: verdict.
Moral: cooperate with lawyers. Don’t let managers near cases. List better.
On the last point - we have to prioritise victims. Much better to give the following case a new date than make victims wait day to day.
Ends.
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