@ 17. May. 2010. – 11:18:41
Most people are aware that, generally speaking, a wife cannot be forced to testify against her husband. Consistent with that understanding, magistrates when listening to a wife who gives evidence on her husband`s behalf, will decide how much weight to give to her evidence.
And so to the tale of Fred and the lovely Maureen. He was a 45 year old self employed builder and she was a hairdresser. It was earlier this year and he had been charged with racially aggravated assault insofar as he had punched the complainant, a youth called Jerry, outside the pub calling him a "lazy gypsy bastard". We had heard evidence from Jerry and the officers who arrived at the scene after the incident and had arrested Fred. In due course Fred gave his account of the incident in which he asserted that he had acted in self defence when Jerry tried to hit him. Under cross examination he was forced to admit that he had used the words ascribed to him but vehemently denied the assault. His only defence witness was Maureen. She obviously had taken time to prepare for her appearance in the witness stand. Not surprisingly her hair was immaculately back combed in a style that my female colleague to my left whispered would have done justice to the late great Dusty Springfield. As she was the only other witness to the incident defence counsel took her slowly through the events of the evening. For those perhaps unfamiliar with the process, witnesses in this country and certainly not in Magistrates` Courts when being questioned by a defence lawyer who is being funded by Legal Aid, are not rehearsed prior to giving evidence unlike the process in eg "Law and Order" or for an older generation "Perry Mason". All was going well for Fred who was listening intently to Maureen describing her husband`s acting to protect himself until when asked whether she had heard her husband use the fateful words stated categorically that he had not uttered them. A brief glance at the dock and it was obvious that Fred had realised the game was up. In her eagerness to please she had let him down and the truth prevailed. We found beyond reasonable doubt that Fred had acted in the manner told to us by Jerry.
Sentencing was adjourned for reports. One can only speculate on the subsequent conversation between defendant and his wife........
And so to the tale of Fred and the lovely Maureen. He was a 45 year old self employed builder and she was a hairdresser. It was earlier this year and he had been charged with racially aggravated assault insofar as he had punched the complainant, a youth called Jerry, outside the pub calling him a "lazy gypsy bastard". We had heard evidence from Jerry and the officers who arrived at the scene after the incident and had arrested Fred. In due course Fred gave his account of the incident in which he asserted that he had acted in self defence when Jerry tried to hit him. Under cross examination he was forced to admit that he had used the words ascribed to him but vehemently denied the assault. His only defence witness was Maureen. She obviously had taken time to prepare for her appearance in the witness stand. Not surprisingly her hair was immaculately back combed in a style that my female colleague to my left whispered would have done justice to the late great Dusty Springfield. As she was the only other witness to the incident defence counsel took her slowly through the events of the evening. For those perhaps unfamiliar with the process, witnesses in this country and certainly not in Magistrates` Courts when being questioned by a defence lawyer who is being funded by Legal Aid, are not rehearsed prior to giving evidence unlike the process in eg "Law and Order" or for an older generation "Perry Mason". All was going well for Fred who was listening intently to Maureen describing her husband`s acting to protect himself until when asked whether she had heard her husband use the fateful words stated categorically that he had not uttered them. A brief glance at the dock and it was obvious that Fred had realised the game was up. In her eagerness to please she had let him down and the truth prevailed. We found beyond reasonable doubt that Fred had acted in the manner told to us by Jerry.
Sentencing was adjourned for reports. One can only speculate on the subsequent conversation between defendant and his wife........
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