The Accused Read online

  Kersley And then you left the party a few minutes later?

  Sherwood Yes, I did.

  Kersley Did Ms Mitchell leave with you?

  Sherwood No, she did not.

  Kersley Several people were present at that party, Mr Sherwood.

  Sherwood I’m not saying she didn’t leave at the same time. I’m simply pointing out that she didn’t leave with me.

  Kersley A nice distinction. But did you then offer to accompany her home?

  Sherwood No, we went our separate ways.

  Kersley Was it raining at the time?

  Sherwood No, it began to rain later.

  Kersley Just as you arrived back at her house?

  Sherwood I’ve never been to her flat.

  Kersley I didn’t say flat, Mr Sherwood, I said house.

  Sherwood I’ve never been to her flat, her appartment or her house. I don’t even know where Oldfield Road is.

  Kersley Oldfield Road? Who mentioned Oldfield Road?

  Sherwood Ms Mitchel must have done when she gave her evidence.

  Kersley I don’t think so, Mr Sherwood, she referred to Tooting, but she made no mention of Oldfield Road. I could always call for the court transcript, just to be sure.

  Sherwood Then I must have seen it written on her file somewhere, but I have no idea where it is.

  Kersley Do you know where your office is by any chance, Mr Sherwood?

  Sherwood Yes, of course I do.

  Kersley And did Ms Mitchell lie when she told the court you asked to see her in your office the following morning?

  Sherwood No, I wanted to apologise more formally for what had happened at the staff Christmas party.

  Kersley And her response was to unbutton her uniform?

  Sherwood Yes, that’s exactly what she did.

  Kersley Was that before or after you had locked the door?

  Sherwood I didn’t lock the door.

  Kersley So you didn’t have sex with her on the couch?

  Sherwood Mr Kersley, I’m a surgeon not a film director.

  Kersley So it’s pure fantasy for her to suggest that you regularly visited her flat in the early hours of the morning?

  Sherwood I never visited her flat at any hour of the night or day.

  Kersley And you never took her out for dinner or to the theatre?

  Sherwood No, I did not.

  Kersley Have you seen the play, The Real Thing.

  Sherwood (pause) I may have done.

  Kersley And whom did you see it with, Mr Sherwood?

  Sherwood I don’t recall - probably my wife.

  Kersley Yet another person who is conveniently unable to confirm or deny your story. So allow me to try to refresh your memory, because we are now in possession of the two programmes for the plays Ms Mitchell says you took her to see. (He holds up two programmes.) An Inspector Calls, and The Real Thing.

  Sherwood That doesn’t prove I took Jennifer.

  Kersley Jennifer. No it doesn’t, but you will recall that Ms Mitchell - I do apologise - Jennifer, was also in the habit of making notes in her diary, and that diary has been in the court’s safe keeping for several weeks. I wonder My Lord if you would allow the Usher to pass Ms Mitchell’s diary - exhibit four ~ across to Mr Sherwood.

  Judge Yes. Usher. (Usher hands the diary to the defendant.)

  Kersley Please turn to February the fifteenth, 1999 Mr Sherwood, and read to the court Jennifer’s entry for that evening.

  Sherwood 7.30 The Real Thing.

  Kersley Yes, but do read on, Mr Sherwood. Isn’t there another entry below that?

  Sherwood (hesitates) P.S. at the Albery Theatre.

  Kersley P.S. Patrick Sherwood, I suspect - unless, of course, Jennifer had an assignation with Peter Stringfellow.

  Sherwood Post script seems more likely, Mr Kersley.

  Kersley But she stated unequivocally that it was you.

  Sherwood She also stated unequivocally that I drove her home when I don’t own a car or even have a driving licence.

  Kersley No. No, Mr Sherwood, Ms Mitchell never claimed that you drove her home. Her exact words in reply to your learned counsel were, (Picks up a sheet of paper.) ‘He always took me home’ and if you would like her to explain what she meant by that, Mr Sherwood, we can always call her back as she would still be under oath.

  Sherwood Why bother, when the oath means nothing to her?

  Kersley Are you suggesting that Jennifer committed perjury?

  Sherwood Your words, not mine, Mr Kersley.

  Kersley But why should she do that?

  Sherwood ‘Mr Sherwood, you will live to regret this.’

  Kersley Your words, not hers - because there’s no proof she ever said them.

  Sherwood Ask any doctor at St George’s and they’ll tell you about Ms Mitchell’s reputation.

  Kersley What a gallant fellow you are, Mr Sherwood, which would explain why you dumped her the moment she’d served her purpose.

  Sherwood You can’t dump someone with whom you’ve never had a relationship.

  Kersley Wouldn’t you describe having an affair for three months as a relationship?

  Sherwood Yes, I would, but I wouldn’t describe one drunken kiss as having an affair.

  Kersley But if you weren’t having an affair with Jennifer, why would she bother to go to Wellingborough to pick up those drugs for you?

  Sherwood She didn’t go to Wellingborough to pick up those drugs until after I’d thrown her out of my office.

  Kersley Or was it after you’d had ‘after-rounds sex’ with her in your office?

  Sherwood You’ve crawled back into the gutter, Mr Kersley.

  Kersley I’m searching for you, Mr Sherwood.

  Sherwood Then you won’t find me there.

  Kersley But I will find you in your flat pouring your wife a glass of wine. How did you get in? And then adding a sedative. How did you get in? And then leaving without your doctor’s bag. How did you get in? And then returning via the fire escape. How did you get in? And then injecting her with five ampoules of Potassium Chloride. How did you get in? And then leaving her to die a slow, painful and terrible death.

  Sherwood Nothing could be further from the truth.

  Kersley I cannot think of a more accurate summing-up of your entire evidence. No more questions, My Lord.

  Judge Sir James, do you wish to re-examine?

  Barrington My Lord, it would be a travesty of justice were I not to do so. My learned friend has suggested that if the Jury conclude that Mr Sherwood did have an affair with Ms Mitchell, then they must dismiss the rest of his evidence as a tissue of lies. I now intend to prove beyond reasonable doubt that no such affair ever took place. But to do that I must return to your love of sailing, Mr Sherwood. When the Falklands armada was being assembled, were you called up to join the fleet?

  Sherwood Yes, in 1982 I was still on the Reserve list.

  Barrington And in what capacity were you asked to serve?

  Sherwood As a surgeon captain to the fleet.

  Barrington And to which ship were you assigned?

  Sherwood HMS Sheffield.

  Barrington And were you on board that gallant vessel when she was hit by an Exocet and went down in flames?

  Sherwood Yes, I was, Sir James, and most fortunate to be among those who survived.

  Barrington And while you were in the water, Mr Sherwood, were you burned - which would account for the small scar on your right forearm, which Ms Mitchell referred to as intimate knowledge only a lover could have been aware of?

  Sherwood Yes, Ms Mitchell is quite right about the burn.

  Barrington Would you show it to the jury? (Sherwood takes off his jacket and rolls up his sleeve to reveal a small burn.) Now, she would have seen that every day in the operating theatre?

  Sherwood Yes and whenever I was scrubbing up.

  Barrington And whenever you were making love?

  Sherwood We never made love.

  Barrington Because if you ha