The Accused Read online

  Forsyth That is correct, but none of them was aware that Mr Sherwood had been collecting ampoules of Potassium Chloride from a chemist outside London.

  Barrington I will come to that, Professor. Now, in your long report commissioned by the Crown Prosecution Service, you also confirm (Holds up the report.) that Mrs Sherwood’s GP had her on the correct programme of medication for the particular heart problem she was suffering from?

  Forsyth Yes, but Dr Haslam, was not …

  Barrington I wonder, Professor, if you would be kind enough to confine yourself to answering my questions and not making speeches. This courtroom is not an extension of your lecture theatre and I am not one of your undergraduates. So allow me to move on to the constituents of Potassium Chloride and, may I say, Professor, how much we all enjoyed your little demonstration with the hypodermic needle, which you claimed was consistent with the amount of the chemical found on the kitchen glove.

  Forsyth (now angry) It most certainly was.

  Barrington But tell me, Professor, as an acknowledged expert on the subject, would it not also be consistent with the amount of Potassium found in this bottle of grapefruit juice, which is more likely to be located in a kitchen?

  Forsyth Yes, but …

  Barrington Search as I might, I couldn’t find any reference to grapefruit juice in your hundred-and-thirty-nine-page report.

  Forsyth My report was not concerned with … the contents …

  Barrington Then perhaps it should have been. Professor, you told the court that the first thing you did when you were asked to look into this case was to study Mrs Sherwood’s medical history.

  Forsyth And I did so.

  Barrington And so did I, Professor, and I discovered that Mrs Sherwood’s father had died of a heart attack at the age of fifty-eight. Why didn’t you consider this possible hereditary condition worthy of mention?

  Forsyth Because I could find no connection between the death of a thirty-seven-year old woman and her father’s demise at fifty-eight. Had you been one of my undergraduates Sir James, you would have learnt that research is one thing, being able to draw scientific conclusions from it is quite another.

  Barrington Well, let us consider some of your scientific conclusions, shall we, Professor, and try to find out what you have learnt from them. On how many occasions have you testified for the crown in murder trials where poisoning was involved?

  Forsyth A dozen - more, perhaps.

  Barrington And was one of those cases ‘The Crown versus Mr Roger Latham’?

  Forsyth (embarrassed) Yes, it was.

  Barrington And were you called by the prosecuting counsel as an expert witness?

  Forsyth Yes, I was.

  Barrington And was it your evidence that influenced the jury to return a verdict of guilty?

  Kersley (leaps up) My Lord, is my learned friend questioning Professor Forsyth’s integrity?

  Judge Are you, Sir James?

  Barrington Certainly not. But I would refer your Lordship to the Judge’s summing up, and I quote, (He picks up a book and quotes from the trial.) ‘I find the evidence presented by Professor Forsyth as compelling, and feel it should weigh heavily with the jury when they come to consider their verdict.’

  Judge In the judge’s summing up. I see. Please continue, Sir James.

  Barrington Did you tell the court on that occasion that after you had carried out extensive laboratory tests, you were in no doubt that the liquid Mr Roger Latham poured into his brother’s coffee not only poisoned him, but was responsible for his premature death?

  Forsyth That was my opinion at the time.

  Barrington At the time. I see. And did another professor later prove that when the liquid was poured into hot coffee it was immediately neutralised and couldn’t have poisoned a mouse?

  Forsyth Yes, but there was no way of knowing that then. It was some years later …

  Barrington I was not suggesting, even for one moment, Professor, that you were culpable, only human, like the rest of us and therefore capable of making mistakes. Remind me, what verdict did the jury reach on that occasion?

  Forsyth Guilty.

  Barrington And did Mr Latham die in gaol, having served fourteen years of his life sentence?

  Forsyth (nods) Yes, I believe he did.

  Barrington And, two years after his death, did his family receive an unconditional pardon from the Home Secretary?

  Forsyth (softly) Yes, but the antitoxic properties of that particular substance were not discovered until …

  Barrington Until it was too late, Professor. But fortunately it is not too late in this case. Professor, you have already confirmed that the amount of Potassium Chloride found in Mrs Sherwood’s bloodstream was consistent with a heart attack.

  Forsyth What I actually said was ….

  Barrington Yes or no, Professor? It either was consistent with a heart attack or it wasn’t.

  Forsyth (hesitates) Yes, it was.

  Barrington Could someone with Mrs Sherwood’s medical history have suffered a heart attack, if she had been surprised by an intruder? Yes or no?

  Forsyth Yes, it’s possible.

  Barrington And are you aware of any other doctors who have prescriptions made up outside of the hospital they work in? Yes or no?

  Forsyth Yes.

  Barrington And could the amount of Potassium Chloride found on the rubber glove have been concentrated grapefruit juice? Yes or no?

  Forsyth Yes, I suppose it could.

  Barrington And if Potassium Chloride is taken in small doses, isn’t it harmless - and in certain cases even beneficial? Yes or no?

  Forsyth Yes, but …

  Barrington Shall we dispense with all these buts, Professor, and remove any doubt in the jury’s mind once and for all? I wonder, My Lord, if I might be shown exhibit twenty-six, the ampoule of Potassium Chloride that was found in Mr Sherwood’s bag, which Mr Hussein identified as coming from his shop.

  Judge For what purpose, Sir James?

  Barrington Like the distinguished professor, My Lord, I wish to conduct an experiment.

  Judge I do hope you’re not wasting the court’s time, Sir James.

  Barrington Heaven forbid, My Lord. I simply wish to prove my client’s innocence.

  The Judge nods to the Usher who removes the ampoule from Sherwood’s bag and hands it over to Barrington, who breaks the ampoule and drinks it slowly.

  Barrington A little dry for my taste, but as you can see, Professor, not fatal. So let us hope that once again it will not be your expert evidence who allows an innocent man to rot in gaol for the rest of his life.

  Kersley My Lord, this goes far beyond the bounds of… legitimate cross-examination …

  Judge You are quite right, Mr Kersley. Sir James, that comment was unforgivable, and I must insist that you withdraw it immediately.

  Barrington (pauses) My Lord, I am unable to do so.

  Judge And why is that, Sir James?

  Barrington I was the defence counsel in The Crown versus Mr Roger Latham and I will go to my grave aware that my feeble advocacy failed to save the life of an innocent man. I am determined that it will not happen a second time. No further questions, My Lord.

  The lights slowly dim and everyone’s eyes remain on Barrington. The curtain falls, but goes back up during the interval, to reveal the jury door back in place.

  CURTAIN

  Act Two

  Scene One

  The following morning.

  The stage remains dark, but the audience can still see the jury room door. On the wall, the clock is showing 9.45 a.m. When the house lights dim, the Jury Bailiff steps through the door and addresses the audience.

  Jury Bailiff Good Morning, Ladies and Gentlemen of the Jury and thank you for reporting back in good time. The second day of the trial will begin with Mr Kersley’s final witness, Ms Jennifer Mitchell, Ms Mitchell is the Crown’s principal witness, so I would not be surprised if she was in the witness box for most of the day.