Unravel a Crime - Tangle With Women (50 page)

“
That must be him” said Lisa.

The two ladies from the C.P.S.
were talking vigorously to a plump, dark haired man with black rimmed
spectacles and a bulging briefcase. He seemed agitated and kept shaking his
head.

“
Doesn’t look the picture of
confidence.” Said Brakespeare.

“
Bastard”. was Newberry’s only
contribution.

The public area of the café
was greasy and crowded.

“
I’ll buy this round.” said
Newberry and queued for their orders, while the other three managed to secure a
table.

Brakespeare could tell that
Lisa wanted to find out more from him about the telephone call, but Kate
maintained a constant stream of banal chatter, even after Newberry returned.
The four of them sat at the table, each with their own thoughts as Kate offered
her views of the morning’s proceedings, while hugging Newberry’s arm.
Brakespeare occasionally caught Lisa’s eye to confirm that she was as unimpressed
as he was. Newberry however seemed to be totally smitten by his paramour.

Brakespeare glanced at his
watch with relief as it showed thirteen minutes past twelve.

He was just about to usher the
others back to the Court, when suddenly Lappin burst into the café.

“
Jonny.” she called across the
room in an urgent voice.

Brakespeare jumped up from the
table and followed her outside.

“
They’re throwing the towel
in.” she announced.

“
They’re what.”

“
Black is not happy to go into
the witness box. Apparently he is now saying that his remit from the National
was to value the properties as assets, and not as security for mortgages, and
therefore comparing his valuations with Newberry’s is not to compare like with
like – just as you said, Jonny.”

“
But in his statement he has
said….”

“
I know. He had specifically
said that Newberry’s valuations were wrong.” She shrugged her shoulders. “He
has also said, again as you pointed out, and it was going to be one of my lines
of cross examination, that he only carried out pavement inspections of the
properties and never went inside; therefore they were not proper valuations. I
can only assume that similar to St. Paul he has seen the light on the road to
the witness box. ”

Brakespeare wanted to say a
lot. Instead he tried to look a picture of innocence. He could see that Lappin
was looking closely at him.

Fortunately for him, at this
moment, Lisa led Newberry and Kate out of the café.

“
It’s all over, David.” Said
Brakespeare.

Newberry went pale. “What do
you mean, ‘it’s all over?”

It was Lappin who replied.
“Mr. Black has agreed that he is in no position to challenge your valuations.
The Prosecution are going to consent to the charges being dropped.”

Lisa gasped and clutched
Brakespeare’s arm. She looked up at him, and he twitched an eyebrow.

Newberry was silent for a
moment. “Thanks Jonny, thanks Miss Lappin.” was all he said.

Kate let out a screech and
jumped at Newberry, wrapping herself round him with both arms and legs and
causing him to nearly overbalance in the process.

“
Let’s get back to the Court.”
suggested Lappin with distaste.

She led the way down the
stairs with Brakespeare on one side of her and Lisa on the other.

“
You know it’s very strange.
Andy Evans says that they had a conference with Black just over a week ago
before the directions hearing. He was apparently very bullish and confident.
It’s almost as if something has happened.”

She suddenly stopped and gave
Brakespeare an old fashioned look. “This is nothing to do you with you, Jonny,
is it.”

Brakespeare smiled. “Miss
Lappin, even if it was, do you think I’d tell you?”

Lappin looked at Lisa, who
struggled to look a picture of innocence.

“
I see” she said, and
proceeded to lead them back into Court.

In the foyer there was no sign
of Black; the two C.P.S. ladies were sitting in Court looking dejected.
Crawford looked up, caught Brakespeare’s eye and smiled ruefully.

Once in his seat, Newberry
could not sit still. He fidgeted continually and Brakespeare had to tell him to
stop tapping his feet.

“
The Court will rise.” The
Usher re-instituted the proceedings.

“
My Lord, in the recess, there
have been some developments.” Evans addressed the Judge. He explained the facts
that that Lappin had recounted.

The Judge showed no reaction.

“
So you wish to withdraw the
charges against Mr. Newberry?”

“
My Lord”

“
Very Good. Mr Newberry?”

“
Stand up”. Hissed
Brakespeare.

“
Mr. Newberry, you have heard
what Counsel for the Prosecution has to say. The charges against you are
dismissed. You are free to go.”

“
What now?” asked Newberry

“
Sit down.” Hissed
Brakespeare.

“
Mr. Evans, before we move on,
there are two other co-defendants in this case. What is their position?”

“
My Lord, I need to speak with
senior Counsel, Mr Edwards-Mitchell.”

“
Why? Surely with Mr. Newberry
off the scene so to speak, there is no case for them to answer?. Miss Lappin
was quite right. Apart from the evidence of Mr. Black, there is simply no
evidence of any conspiracy.”

“
My Lord, this is something
that we need to consider. The other two Defendants are of course not here.”

“
No but it would appear that
they are represented.” The Judge indicated the two young barristers, who looked
petrified.

“
My Lord.”

“
Mr. Evans, the position is
that the Prosecution have had to concede that there is not, and probably never
was any evidence to justify the charge of conspiracy to defraud the National
Bank.. I have read the bundle of correspondence between Mr. Black’s firm and,
Skinners, is it? Surely those who instruct you must have read this as well as
you yourself. Mr. Black horribly compromised his position.”

“
My Lord I was unaware of this
correspondence until recently.”

“
Well that must be a matter
between yourself and your Instructing Solicitors. My overall impression has
been that this case is nothing but sour grapes by the National Bank. Someone,
somewhere made a decision to lend against these properties. Probably due to the
fault of no-one, and as a result of the recession, that investment proved to be
a bad decision, and the National Bank has been looking for a scapegoat.”

“
My Lord.”

“
Mr. Black, will you please
stop saying that.” The Judge almost shouted. He looked at the two terrified
young barristers. “I’m sorry, I’m afraid that I don’t know your names, but you
are here on a watching brief for the Defendants Levy and Simmons, are you not?

“
Yes, My Lord.” They chorused
as they rose to their feet..

“
And you have been briefed by
their respective solicitors?”

“
Yes My Lord.”

“
Do you have any objection to
the charges against your clients being dismissed.”

They looked at each other and
then at Lappin who was looking across the bench, smiling at them encouragingly.
She shook her head.

“
No, My Lord.”

“
Mr. Evans, I am minded to
discharge Mr Levy and Mr. Simmons, and avoid their attendance at Court and a
further waste of public money. Is there anything that you wish to say before I
do so? You may wish to take instructions from those sitting behind you.”

A defeated Evans turned round
to the two ladies. He didn’t say anything but raised his eyebrows in question.
They looked at each other and shook their heads.

“
My Lord, in view of what Your
:Lordship has said, no.”

“
Very good, the charge of
conspiracy against Jonathan Levy and Simon Simmons, is also dismissed. Is there
anything else.”

Lappin whispered to the two
young barristers, who nodded their heads. She rose to her feet. “My Lord, there
is the question of costs. In the circumstances I am permitted to make this
application on behalf of my client, Mr. Newberry, and those represented by my
learned friends, to save repetition.”

The Judge smiled at the way
that she had rescued the two young barristers from the terror of doing
something that they were totally unprepared for.

“
Your Lordship has described
this prosecution as sour grapes by the National Bank. Unfortunately as the
status of the Bank is merely that of the Complainant in this case; it is not a
party to these proceedings. Unless Your Lordship is able to correct me, as such
no application for costs can be made against the Bank.”

“
Yes, Miss Lappin, I think
that that must be right.”

“
On the other hand it is quite
clear that this prosecution should never have been brought. I appreciate that
the Prosecution has apparently been let down at the last minute by Mr. Black,
but the writing has been on the wall for some time.”

The Judge nodded.
“Particularly your Instructing Solicitors letter to the Crown Prosecution
Service.”

“
Particularly that, which did
not receive any or any adequate response. That letter of course referred to the
question of costs if the Prosecution proceeded and the case was dismissed. In
my respectful submission, and with all respect to my Learned Friend, the Crown
Prosecution Service have merely rubber stamped this case without giving these
matters any thought. Accordingly, they should pay the Defendant’s costs in this
matter.”

“
What would be the normal
position. Miss Lappin?” asked the Judge.

“
My Lord, the costs will be
paid by the taxpayer, out of Central Funds.”

“
Will it still not be the
taxpayer who ultimately pays, if I accede to your application?”

“
Indeed, My Lord.” Conceded
Lappin.

“
Mr. Evans?”

“
My Lord, I of course must
resist that application. In this case the Crown Prosecution Service was
presented with evidence from a Chartered Surveyor from a well known and
respected firm of Chartered Surveyors. They relied, as they are entitled to on
his evidence.”

“
But did they not adequately
consider the letter from Mr. Newberry’s solicitors.”

“
My Lord, that was considered
at conference with Senior Counsel, and Mr. Black stood by his evidence.”

“
Well he hasn’t stood by it
now. What about the letters from Redshaw Linden and Steele to Suttons.”

“
They were not considered
germane to the case by those who instruct me, My Lord.”

“
Well that was an error of
Judgement on somebody’s part.”

“
My Lord.”

The Judge looked irritated.
“Very well.” He sat back for some minutes and made notes before delivering his
decision.

“
In this case I am asked to
award costs against the Crown Prosecution Service. My power to do so comes from
section 19 of the Prosecution of Offences Act 1985. I do not think that there
is any doubt that a Crown Prosecutor falls within the category of legal
representative on behalf of a party to proceedings. In my view the test that I
ought to apply is whether the Crown Prosecution Service have been ‘improper,
unreasonable or negligent.’ That indeed is set out for me in section 19,
subsection A, sub sub section 3 of the Act.

On the first point I am unable
to find that there has been any impropriety by the Crown Prosecution Service,
nor do I think that Miss Lappin would suggest that.”

Lappin nodded.

“
On the second point again I
do not think it can be said that these proceedings were unreasonable, if only
in the sense that it is not unreasonable to consider a prosecution where
substantial sums of money have been lost in what, if proved, could be a fraud.

This leaves me with the final
head; negligence. Negligence in the general meaning of the word, means
“behaviour that is culpable because it falls short of the legal standard
required of a reasonable person in protecting an individual against the harmful
acts of other members of society or themselves.”

Put in the context of this
case, the question I must ask myself is whether the conduct of the Crown Prosecution
Service put the Defendant Newberry in a position he would not otherwise have
found himself in. In other words, does Mr. Newberry’s appearance in Court stem
from something which was done, or which was not done, as the case may be by the
Crown Prosecution Service.

I am unable to answer that
question in the affirmative. The Crown Prosecution Service were faced with a
complaint of the loss of a substantial amount of money by a large bank,
supported by what at first blush, is compelling evidence from Mr. Black.

In my view on the basis of
that evidence they were right to bring this prosecution.