The Accused Read online

  Kersley Why should that make you consider a crime had been committed? After all, Mr Sherwood has the authority to write out such prescriptions.

  Payne Yes, but why have them made up outside London when St George’s Hospital has a large pharmacy of its own?

  Kersley Why indeed, and did Mr Sherwood collect these prescriptions himself?

  Payne No, over a period of three months he used a Ms Jennifer Mitchell, a junior staff nurse at St George’s, to collect them on a Saturday in Wellingborough and then return the ampoules of Potassium to Mr Sherwood’s office on the Monday morning.

  Kersley Chief Inspector, would I be correct in saying that if Ms Mitchell had not volunteered a statement, you would never have considered charging the defendant?

  Payne That is correct. Her evidence was to prove vital. She stated that over a period of twelve weeks, between January and March of 1999, Mr Sherwood had instructed her on six occasions to pick up ten-millilitre ampoules of Potassium Chloride. But he only handed her the prescriptions on a Friday evening, when he knew she would be visiting her parents in Wellingborough.

  Judge Wellingborough keeps cropping up, Chief Inspector. Does it have some particular significance in this case?

  Kersley Wellingborough has no relevance in itself, My Lord. All Mr Sherwood needed was for the prescriptions to be dispensed at a chemist outside London, so that none of his colleagues at St George’s would be aware of what he was really up to.

  Judge Ah, so it could well have been Milton Keynes or Henley?

  Kersley Yes, My Lord, but only if Ms Mitchell had lived in Milton Keynes or Henley.

  Judge Ah, yes, I see. Carry on, Mr Kersley.

  Kersley Chief Inspector, were any of these prescriptions for Potassium Chloride made out for Mrs Sherwood?

  Payne No, they were all prescribed for his private patients.

  Kersley So what made you think that they might not have reached those patients?

  Payne When the results of the lab test came back, they showed that there were traces of Potassium Chloride on the rubber glove found on the Sherwoods’ kitchen floor.

  Kersley On the glove, I see … and did the lab tests reveal anything else of significance?

  Payne Yes, the glass of wine found on the table by Mrs Sherwood’s side contained thirty millilitres of Temazepam, which is three times the recommended dosage.

  Kersley And did you identify any fingerprints on that glass?

  Payne Yes, Mrs Sherwood’s.

  Kersley But did you also check the fingerprints on the wine bottle?

  Payne Yes, I did, and we could only find Mr Sherwood’s.

  Kersley Only Mr Sherwood’s. But what about the rest of the flat?

  Payne The only other fingerprints identifiable were those of the porter, Albert Webster.

  Kersley So there was no reason to believe there had ever been an intruder?

  Payne None that we could discover, sir.

  Kersley Once you had gathered all your evidence, what did you do next?

  Payne I obtained a warrant for the arrest of Patrick Sherwood, which I executed on June the ninth at St George’s Hospital. I cautioned him, and then charged him with the murder of his wife, Elizabeth Sherwood.

  Kersley Thank you, Chief Inspector. No more questions, My Lord.

  Judge Sir James, do you wish to cross-examine the Chief Inspector?

  Barrington I most certainly do, My Lord. Chief Inspector, I must begin by asking you if it is usual to open a full murder inquiry on information supplied by one young woman.

  Payne No, but…

  Barrington No buts, Chief Inspector, it was a simple enough question and the answer was no. My next question is equally simple. The bruises on Mrs Sherwood’s arm. Surely the most likely explanation is that they resulted from a struggle with an intruder? You told us there had been several burglaries in the area recently.

  Payne I could find no evidence of a burglary, sir.

  Barrington Chief Inspector, is it common for burglars to leave their fingerprints all over the place, hoping you will find them?

  Payne No, but.,.

  Barrington I thought we’d agreed on no buts, Chief Inspector, Can I also confirm, that it was you who discovered the kitchen window open?

  Payne Someone had unlatched it from the inside.

  Barrington It hardly matters who unlatched it, Chief Inspector, only who might have used it as a means of entry, and I do hope you’re not going to suggest that Mr Sherwood entered his own flat by the fire escape, when he could so easily have walked in through the front door.

  Payne Unless he had a reason for not wanting to be seen walking in through the front door.

  Barrington And on that flimsy supposition you decided to charge Mr Sherwood with murder?

  Payne No, that decision was made by the Crown Prosecution Service after they had considered all the evidence.

  Barrington I see. So let me finally ask you, Chief Inspector, when you charged Mr Sherwood, did he make any statement?

  Payne Yes. (Checks his notebook.) He said, ‘This is ridiculous. I adored my wife; someone must have been feeding you with false information’.

  Barrington Someone must have been feeding you with false information. Now, I wonder who that can have been? No further questions, My Lord. (He resumes his seat.)

  Judge Do you wish to re-examine, Mr Kersley?

  Kersley (rises slightly) No, thank you, My Lord.

  Judge Thank you, Chief Inspector. You may leave the witness box. (The Chief Inspector leaves the witness box and the courtroom.) Perhaps you’d like to call your next witness, Mr Kersley.

  Kersley Yes, My Lord. I call Mr Albert Webster.

  Usher Call Mr Albert Webster.

  Guard Mr Albert Webster.

  Webster is a man aged between forty-five and fifty. He is wearing a T-shirt and a well-worn suit. He enters the courtroom, baking lost, and the Usher has to guide him to the witness box.

  Usher This way, sir. Please take the testament in you right hand and read from the card.

  Webster I never bothered with the reading.

  Usher Then repeat after me, I swear by Almighty God.

  Webster I swears by Almigh’y God.

  Usher That the evidence I shall give.

  Webster That the evidence I shall give.

  Usher Shall be the truth, the whole truth and nothing but the truth.

  Webster Shall be the truth, the ’ole truth and nothin’ but the truth. (He stares at the Judge.)

  Judge Mr Webster, there’s no need to address your remarks to me. It is the jury who will want to hear all your evidence.

  Kersley Is your name Albert Philip Webster?

  Webster You got it, mate.

  Kersley And where do you live?

  Webster Arcadia Mansions, Arcadia Road, Wimbledon.

  Kersley And what is your occupation?

  Webster I’m the resident porter - ‘ave been for the past twelve years, ‘aven’t I, ever since I came out of the army.

  Kersley Mr Webster, can you tell the court why the late evening of March twenty-first 1999 is etched on your memory?

  Webster I dunno if it’s etched on me memory, but I won’t never forge’ it.

  Kersley So please tell the court what happened that night, Mr Webster.

  Webster It must ’ave been around ’alf past ten, ’cos that’s when I goes on me night round ’fore turnin’ in. Always starts at the top of the building and works down to the bottom, where I live. It’s only logic, innit? When I reached the landin’ of the sixth that night, I ’eard noises comin’ from the floor below.

  Kersley Can you describe those noises?

  Webster Yes, it was as if someone was ’avin a row, and then I ’eard a crash - like a chair turnin’ over.

  Kersley A row? Could it have been a quarrel between a man and his wife?

  Barrington (rises) My Lord, how can Mr Webster possibly know the answer to that question?

  Webster Cos I ’eard voices.

  J