Unravel a Crime - Tangle With Women (44 page)

“
But…” started Newberry.

“
No buts please Mr. Newberry,
if I am to successfully represent you. Jonny can I have a word with you?”

She led him away from
Newberry, who found a bench at the side of the foyer to sit on, and read
whatever was in his briefcase. If he had read the case papers once, he had read
them a hundred times, but even though he would play no part in the day’s
proceedings, it still seemed to help him to read them once more.

“
Jonny, is there something
that you haven’t told me.”

Brakespeare was alarmed. “No,
what.”

“
Well as I said Newberry has
been broadcasting his defence to Levy, and Levy to his solicitor. Did you know
that your firm started this all off?”

Panic struck Brakespeare.

“
They’re not my firm, it’s
nothing to do with me.”

Lappin looked at him shrewdly.
“What’s the situation Jonny? We’ve known each other, what over ten years.
You’ve just come back into my life after three years. I need to know the full
picture. Last I heard of you was that you had been suspended by the Solicitors
Regulation Authority. I hope that you haven’t been reduced to the role of bent
solicitor? Look, there’s a cafeteria upstairs, come and have a cup of tea. I
need to know everything.”

She led him upstairs to a
steamy tea room. It was divided into two sections; one for barristers and
solicitors, and the other for the general public. Neither section was very
salubrious; they were typical unsophisticated “tea and wedge” establishments,
but the barristers section at least afforded them some privacy.

They queued together at the
counter where a large West Indian lady splashed tea into two cups, and over the
surrounding counter, while at the same time carrying on a conversation in a
broad Jamaican patois with an equally large colleague.

Lappin insisted on paying for
the tea, and having looked around to see that no-one representing either of the
other two Defendants or the Prosecution were in the vicinity, she led him to a
small table covered by a sticky plastic table cloth.

She took her wig off and put
it down; put her elbows on the table; picked up the hot cup with two hands, and
took a sip.

“
Spill the beans, brother.”

“
There are no beans to spill.”
Brakespeare recounted to her what had happened to him; how the job in Worcester
was the one that ‘turned up’, and all that Mortimer had told him about the
origins of Clearfield Limited after he had started work there.

Lappin listened carefully
while taking sips of tea, while Brakespeare’s went cold.

When he had finished, she sat
back.

“
Can’t see anything there, but
Levy’s Counsel seems to think there is. The trouble is that their defence
really rests on Newberry. If Newberry’s valuations are right; then the
prosecution case collapses and everyone is in the clear. If they are wrong –
well.” she shrugged her shoulders.

“
So what are they saying.”

“
What they are saying is, and
they is Levy and Simmons, although I haven’t spoken to Simmons Counsel yet,
that Newberry was the prime mover in all this, aided and abetted in the early
days by your Mr. Mortimer. If they are in the mire, then it’s down to Newberry.
They say that they had no intentions of defrauding the National, or anyone. If
the valuations were fiddled, then Newberry was on a frolic of his own, to use
an old legal expression. In other words ‘Not me Guv,” and with the finger of
guilt pointing firmly at Newberry – and Mr. Mortimer.”

She sighed and sat back in her
chair, and holding the handle of her empty tea cup and rattled it around in
it’s saucer.

“
They thought that you were
part of the whole set up and were really acting in the interests of the firm as
well as Newberry. They had expected more co-operation from you.”

“
Should I have passed all that
we found on?”

Lappin looked up thoughtfully.
“No, I don’t think so. From what Levy’s counsel said, they consider that
Newberry is on his own in this. Therefore there is no point in giving them any
information which they might use against him. You know,” she said emphatically.
“That man’s a blithering idiot. He can’t see further than his own nose. All
this business about taking his girlfriend and their son on a business trip. Who
in their right mind would do that?”

Brakespeare said nothing, but
shrugged his shoulders.

“
Never mind, Jonny. At least I
can go back and explain that you have been brought in as a locum, and have nothing
to do with any of the background to this case. You’re your own man.” She
smiled. “But you always were. Never in anyone’s pocket. That’s why you’re a
good solicitor, Jonny.”

“
Thanks.” Said Brakespeare,
not particularly gratefully.

“
Oh, and there’s something
else. The Prosecution intend to amend the charge.” Lappin handed him a sheet of
paper. The charge was still one of conspiracy, but read that Newberry:-

………
.would ensure that the
National Building Society accepted as security for any loans that they might
make, properties which would not represent the value attributed to them had the
said properties been valued at a proper and fair market price.

That where mortgage loans had
been granted, that stage payments would be authorised in respect of developments
that at the time that the said stage payment was authorised were not then
properly due to be paid.”

Brakespeare studied the text.
“Well that makes things easier.” He said sarcastically. “They’ve dropped the
allegation that he was involved with Clearfield. I couldn’t see how they could
prove that. But this stage payments thing. There’s no evidence about this.”

“
No there isn’t but I
understand that they’ve asked Mr. Black to look at the stage payments made on
the properties that he’s said that they were over valued.”

“
But that haven’t served that
evidence yet.”

“
No. But perhaps you can ask
Mr. Newberry about this. As I understand the construction of a building, there
are various stages such as putting in the foundations; building walls up,
putting on roofs on etc., and it is generally accepted that each of these
stages represents a percentage of the whole of the building work. In that case,
all Black has to do is give the relevant percentages of his valuations for each
stage.”

Brakespeare looked puzzled.
“But that doesn’t add anything to the case, does it?”

Lappin shook her head. “I
don’t think so. It’s smoke and mirrors. If Newberry was wrong on the final
valuation then he must have been wrong on the intermediate stages. Simple.
Sounds good. Impresses a jury. Doesn’t change the case.”

“
A sign of weakness?”

Lappin nodded. “I suspect so.
By the way where’s Miss Barnes?”

“
She saw no point in coming to
this hearing as nothing’s going to happen.”

“
No bad blood been spilt?”

“
What, because you’ve filched
her?”

“
I haven’t filched anybody
Jonny.” Lappin looked at him sternly. “She’s a bright girl, but I expect you
know that. Could you have put Newberry’s defence together without her?”

“
Can’t say that I could. Well
not that quickly” he added. “I’d have had to count on my fingers, and I’m not
very good at that.” He smiled.

“
Well she told me her story.
Perhaps it’s a woman thing, but I thought that I ought to give her a chance.
After all it must have taken a lot of courage to come back to Chambers and seek
me out. I expect you’ll miss her though.”

“
Can’t take her with me.”

“
Are you going to leave the
firm after this case?”

“
Don’t know, Rosie. I
sometimes think that I don’t know anything any more.” He sighed.

“
Shame if you lost contact.”
Lappin smiled at him. “Well we’d better see what’s happening.” She picked up
her wig and stood up.

“
Regina versus David Peter
Newberry, Jonathan Joshua Levy and Simon Roger Greenford Simmons” intoned the
Clerk of the Court. “Do you want them in the dock?” she asked the Judge.

The Judge shook his head.
“This is only a directions hearing; they can sit with their solicitors.”

The Court Room was an
unusually large one. It was used for major fraud cases where there were several
defendants and commensurate stacks of paperwork.

The three Defence teams were
all travelling light, as far as the case papers were concerned but the Crown
Prosecution Service, who seemed to have brought at least two solicitors and two
clerks, had theatrically brought in two heavy trolleys with wire mesh sides in
which were stacked the papers and exhibits which had filled the cupboard in
Brakespeare’s office.

“
May I begin by apologising
for keeping you all waiting, “ said the Judge. “As you may know a 3 week trial
which was due to begin today underwent a change of plea.”

There was a murmured gracious
acceptance from the assembled Barristers.

“
Mr Edwards- Mitchell?”
invited the Judge. The Prosecution Barrister rose to his feet.

“
May it please you my Lord, I
appear for the Prosecution. My learned friend Miss Lappin appears for the
Defendant Newberry; my learned friend Mr Brownwood appears for the Defendant
Levy, and Mr. Winterman for the Defendant Simmons. My Lord the facts in this
case are that…”

“
Yes, yes” interrupted the
Judge. “I’ve read the outline of the Prosecution case and the witness
statements, but I have not read at this stage the rather large number of
exhibits.” He gestured towards the trolleys.

“
I’m obliged to your Lordship
for that indication. I think that your Lordship will be aware of the
application to be made on behalf of the Defendant Newberry to dismiss the
transferred charge. In respect of that the Prosecution wish to make an
application to amend the Indictment.”

He handed a piece of paper to
an usher who handed it to the Clerk, who handed it to the Judge.”

“
Ah, I was wondering where
this was. Is this the only indictment that has been drawn?”

The barrister looked behind to
where the C.P.S. solicitors were sitting. One of them nodded.

“
My Lord, I am instructed that
that is the case, in which case I don’t of course need leave to amend.”

“
Very good. Now what’s this
application. Miss Lappin, I have read your skeleton argument, but not having
read all these papers, of course I do not as yet understand the references to
the exhibits.” He obviously knew Lappin and smiled warmly at her.

“
No, my Lord. The Skeleton
submitted at this stage is to give your Lordship an idea of the thrust of the
application.”

“
And the amendments to the
Indictment, do not affect your argument.”

“
Only as to the deletion of
any reference in my skeleton to my clients alleged involvement in the company
Clearfield Limited, as all reference of this has now been abandoned by the
prosecution.”

“
Can you abandon a reference?
I don’t know,” said the Judge smiling still, “but no matter. Now how long will
this application take? Do you want any Prosecution witnesses called? I assume
from the many references to him in your skeleton argument that you will want
Mr. Black.”

“
Indeed, and I think the
witnesses Dover and Baines.”

“
Who I see say that they were
put under no pressure by your client in their own valuations.” The Judge looked
directly at Edwards-Mitchell who declined to make eye contact, and looked
steadfastly at his papers.

“
Do you intend to call any
evidence for the Defence.”

“
My Lord at this stage I
anticipate not.”

“
It depends on how you get
on?”

“
Quite so.”

“
So how long do you think this
will take.”

“
Well a pessimistic view would
be 5 days.”

“
Mr. Edwards-Mitchell?”

“
I would tend to agree with
that My Lord.”

“
Are there any other
applications to be made on behalf of any of the other Defendants?”

The two remaining barristers
half stood and murmured negatives.

“
Very good, I propose to list
this starting next week with an initial estimate of 5 days… Mr.
Edwards-Mitchell?”

The Prosecuting Counsel had
leapt to his feet. “My Lord I don’t know if that is convenient to the
Prosecution.”

“
It’s convenient to the Court,
and I expect the Prosecution to be ready. I presume that those instructing you
have obtained details of witness availability.”

“
May I take instructions My
Lord.”

Edwards-Mitchell sat down and
turned round to the C.P.S. solicitors. There was a fumbling among files, and
eventually, one, a plump dark woman pulled out some papers which she showed to
Edwards-Mitchell, who, reading them as he did so, stood up once again.