The Accused Read online

  Kersley Why were the mourners of any significance, Mr Hussein?

  Hussein I observed a lady standing a few paces behind Mr Sherwood whom I thought I recognised. I studied her face more closely with a magnifying glass and realised I had seen her before, but couldn’t remember where.

  Kersley And did you eventually remember?

  Hussein Yes, it was some days later when I was making an entry in my register of poisons and came across the signature of a Ms J. Mitchell at the top of the page, and recalled that she had visited the pharmacy several times.

  Kersley Can you be certain that it was the same Ms Mitchell whose photograph you saw?

  Hussein Oh, yes, I checked back through the register and discovered that Ms Mitchell had called in to the pharmacy on six separate occasions during a period of three months, and always on a Saturday.

  Kersley But that doesn’t prove she was the woman in the photograph?

  Hussein But Mr Sherwood’s signature does.

  Kersley Mr Sherwood’s signature?

  Hussein Yes, he had countersigned all the prescriptions.

  Kersley Had he? And what were these prescriptions made out for?

  Hussein Ten millilitres of Potassium Chloride.

  Kersley And did you keep ai six prescriptions?

  Hussein I most certainly did, Mr Kersley. I retain all prescriptions for controlled drugs for the required period of five years.

  Kersley You say you served Ms Mitchell on no fewer than six occasions. Do you recall anything in particular about her?

  Hussein She was a self-confident young woman and although she knew exactly what she wanted, she appeared tense, even a little nervous.

  Kersley And is that what made you suspicious?

  Hussein No, I was more puzzled than suspicious, because I couldn’t work out why Mr Sherwood would want to have his prescriptions made up in my small pharmacy in Wellingborough, when St George’s has a large pharmacy of its own. From my experience, doctors want drugs immediately, not some days later.

  Kersley Mr Hussein, an ampoule of Potassium Chloride was found in Mr Sherwood’s bag on the night of his wife’s death. Could it have came from your shop?

  Judge How can Mr Hussein know the answer to that question?

  Hussein (turning to face the Judge) My Lord, if I could see the ampoule I would be able to tell if it had come from my shop.

  Judge How is that possible, Mr Hussein?

  Hussein Because every dangerous drug has a number displayed on its packaging which, when it is sold, has to be entered in my poisons register.

  Kersley My Lord, both the poisons register and the ampoule of Potassium found in Mr Sherwood’s bag are in the court’s possession. They are numbers eleven and twenty-six on the court’s list of exhibits. Perhaps Your Lordship would be kind enough to check the entry in the register, while I ask Mr Hussein to read out the number on the ampoule of Potassium. (Judge nods his agreement.)

  Barrington My Lord, I must object. This parlour game adds nothing to the evidence. After all, the ampoule of Potassium found in Mr Sherwood’s bag was unopened so what possible bearing can it have on the case?

  Judge A great deal Sir James, because if this is not one of the ampoules collected from Wellingborough, it will surely work in favour of your client, as it will show that there is no proof that the other five ever left the hospital. (Jury Bailiff hands the register up to the Bench, while the Usher hands over the ampoule of Potassium to Hussein.) Please read out the number on your package, Mr Hussein.

  Hussein 107293 AZ.

  Judge (nods, and faces the audience) They are identical.

  Kersley So there can be no doubt that the ampoule of Potassium picked up by Ms Mitchell on March the nineteenth from Mr Hussein’s shop, was the one found in the defendant’s bag on the night of Mrs Sherwood’s death, and therefore we can assume that the other five …

  Barrington My Lord, that is outrageous. We can assume nothing…

  Kerlsey Other than that my learned friend will always interrupt whenever he finds his client in any real trouble. No more questions, My Lord. (Resumes his seat.)

  Judge Do you wish to question this witness, Sir James?

  Barrington I most certainly do, My Lord. Mr Hussein, do you keep a box of dusting powder and a brush under your shop counter?

  Hussein (puzzled) No, sir, I do not.

  Barrington What about a fingerprint pad?

  Hussein A fingerprint pad?

  Barrington A pair of handcuffs, perhaps?

  Hussein Why should I do that?

  Barrington Because you seem to enjoy playing the amateur detective.

  Hussein I’m not sure I know what you mean, Sir James.

  Barrington Then allow me to explain. You come across a photograph of Mr Sherwood in a medical journal attending his wife’s funeral With the help of a magnifying glass you spot a lady in the crowd whom you think you recognise. You discover her name in your drugs register and suddenly you’re the Sherlock Holmes of Wellingborough.

  Hussein (looks puzzled) I don’t know a Mr Holmes.

  Barrington You don’t?

  Hussein I don’t recall him ever coming into the shop.

  Barrington When did you arrive in this country, Mr Hussein?

  Hussein Just over two years ago.

  Barrington Only two years ago, so you’re probably still unfamiliar with our ways, not to mention our literature?

  Hussein I have long been an admirer of the British, Sir James.

  Barrington I feel sure you have, Mr Hussein, but that doesn’t make you British. Did you qualify in this country?

  Hussein No, sir, I did not.

  Barrington Then why are you allowed to dispense dangerous drugs?

  Hussein Because I have been a member of the Royal Pharmaceutical Society for the past twenty years.

  Barrington On what grounds, may I ask?

  Hussein Because in my own country I am a qualified doctor.

  Barrington But you are not in your own country, Mr Hussein, so I must ask you, do your qualifications permit you to practise, as a doctor, in this country?

  Hussein No, sir, but … that is purely …

  Barrington No buts, Mr Hussein. They do not permit you to practise as a doctor in this country!

  Hussein Sadly, not yet.

  Barrington Or perhaps not so sadly, for the patients.

  Kersley My Lord, is my learned friend going to be allowed continually to insult the witness in this manner?

  Judge Mr Kersley, this is a charge of murder and, within the bounds of reason, I shall allow the Defence every latitude.

  Kersley Is that latitude to be extended to Sir James asking questions to which he already knows the answer?

  Judge Only a foolish lawyer asks questions to which he does not know the answer, Mr Kersley. Please carry on, Sir James.

  Barrington Thank you, My Lord. Mr Hussein, have you ever visited St George’s Hospital?

  Hussein No, sir, though I have …

  Barrington Have you ever come into contact with Mr Sherwood?

  Hussein Yes, I attended a lecture he gave to the King’s Fund.

  Barrington Along with how many other people, may I ask?

  Hussein There must have been over a hundred people present.

  Barrington I doubt if even Mr Sherlock Holmes would have gleaned enough evidence from going to a lecture, attended by over a hundred people, to conclude that the lecturer should be charged with murdering his wife. If that were sufficient evidence, you’d be claiming we’re old friends simply on the strength of this cross-examination.

  Hussein I wouldn’t dream of doing so, Sir James, especially as we have met before.

  Barrington And when, pray, was that?

  Hussein It was just over a year ago, when you were chairman of the Bar Council and addressed the Anglo-Indian Society - of which I have the honour of being Secretary.

  Barrington And how many people were present on that occasion.

  Hussein Just over three hundr