The Accused Page 3

  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
ed.

  Barrington Just over three hundred.

  Hussein Yes, but we did sit next to each other during dinner. At the time you left the Society in no doubt that you felt most Indians ran corner shops and you thought it amusing that you were still unable to tell one from another. However, I would not ask Sir Arthur Conan Doyle to consider that as evidence of anything.

  Barrington I’m delighted that we’ve finally found something we can agree on, Mr Hussein, because convicting Mr Sherwood will depend on substantiated evidence, and not on the arm’s-length opinion of an unqualified chemist. No further questions, My Lord.

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

  Kersley Yes, thank you My Lord. I do have one question for Dr Hussein … I beg your pardon, My Lord … Mr Hussein, may I ask you why you were so willing to assist the police in their enquiries, even agreeing to appear in this case as a Crown witness?

  Hussein To do one’s duty as a good citizen and respect the law is the British way, Mr Kersley. Or that’s what Sir James assured us when he delivered his lecture to the Anglo-Indian Society last year.

  Kersley No more questions, My Lord.

  Judge Thank you Mr Hussein, you may leave the witness box. (Hussein leaves the witness box and passes in front of Kersley.).

  Kersley (aside to Hussein) Dr Hussein, you’re wasted on the medical profession - you should have joined us at the Bar.

  Hussein Oh, no, Mr Kersley, I’m far too honest to make a success of your chosen profession.

  Judge You may call your next witness, Mr Kersley.

  Kersley Thank you, My Lord. I call Professor Alistair Forsyth.

  Usher Call Alistair Forsyth.

  Guard Alistair Forsyth.

  Professor Forsyth is a Scot of around fifty-five to sixty, very formal and slightly pompom. He enters the courtroom and goes straight to the witness box. He takes the card in his right hand, as if he has been through the process many times before. He does not wait for the Usher to instruct him.

  Forsyth I swear by Almighty God that the evidence I shall give shall be the truth, the whole truth and nothing but the truth.

  Kersley Professor, I would like to establish with the jury the particular expertise you bring to this case. (Forsyth nods.) You were educated at Edinburgh Academy, from where you won a scholarship to Cambridge to read medicine?

  Forsyth Yes, Mr Kersley, that is correct.

  Kersley At Cambridge you graduated with honours in Pharmacology and went on to do research for an MD?

  Forsyth That is also correct.

  Kersley On completing your MD, you took up a Fellowship at King’s College, London, where you continued your research. May I enquire what your specialist subject was?

  Forsyth Toxicology, the study of poisons.

  Kersley You were offered the Chair of Toxicology at London University, and you have since written several books on the subject, which are acknowledged as the recognised text for any student reading for a medical degree?

  Forsyth Only three of my works are set texts, Mr Kersley. The rest of them would be far beyond the understanding of the average undergraduate.

  Kersley Quite so. You are a Fellow of the Royal Society and have recently been awarded a CBE for services to medicine?

  Judge I do believe, Mr Kersley, that you have established beyond peradventure the credentials of your expert witness, so perhaps the time has come to get on with the case in hand.

  Kersley I am delighted to learn, My Lord, that you feel Professor Forsyth’s credentials need no further claims on my part, as I believe your endorsement can only give the jury added confidence in his opinions.

  Judge (scowls) Mr Kersley. Get on with it.

  Kersley First let me ask you, Professor, how you became involved in this case?

  Forsyth The Crown Prosecution Service invited me to make a report on Mrs Sherwood’s medical history. I began by reading all Mrs Sherwood’s files held at St George’s.

  Kersley And would I be correct in thinking that you sought a Home Office order to exhume the body?

  Forsyth I would have done so, Mr Kersley, had Mr Sherwood not given instructions for the body to be cremated a few days after her death.

  Kersley Really. Despite this setback, were you able to discover any new evidence?

  Forsyth No, because Mr Sherwood had misled his colleagues into believing that his wife’s previous heart attack explained her premature death. They also emphasised that as she was married to a surgeon who specialised in the subject, her aftercare treatment could hardly have been better.

  Kersley Or worse, as the case may be.

  Judge Mr Kersley, you will in future desist from making these sotto voce remarks. (Turns to the audience.) Members of the Jury, Mr Kersley’s comment should be ignored.

  Kersley But not forgotten, I suspect.

  Judge Did you wish to say something, Mr Kerlsey?

  Kersley My Lord, I was simply at pains to point out that …

  Judge It is not your responsibility to point out anything, Mr Kersley, merely to ask questions, which may elicit answers that in turn might possibly assist the jury.

  Kersley But … My Lord … if I am to discharge …

  Judge No buts, Mr Kersley, as Sir James has so properly reminded us. From you, I only require questions. I expect the answers to come from the witnesses.

  Kersley So be it, My Lord. Professor, would it be possible for an experienced doctor to poison a patient while at the same time fooling his colleagues?

  Forsyth Yes, nowadays that would be easy enough for anyone with Mr Sherwood’s experience. There are three known poisons - only one available on prescription - that would kill an intended victim without leaving any clue that a murder had taken place.

  Kersley Well, I will deal only with the one poison that is available on prescription - Potassium Chloride. Professor, could you poison someone with Potassium Chloride and hope to get away with it?

  Forsyth Oh, yes, it’s the most satisfactory of all poisons for a would-be murderer. Once injected, the victim will suffer a cardiac arrest, showing absolutely no sign of being poisoned.

  Kersley So what led you to suspect that this was not a death by natural causes?

  Forsyth The discovery of a deposit of Potassium Chloride on the rubber glove found on the floor of the Sherwoods’ kitchen.

  Kersley And how much poison was discovered on the glove?

  Forsyth One milligram, which is an amount consistent with checking that a hypodermic needle was working effectively.

  Kersley Would you care to demonstrate to the jury exactly what you mean by that, Professor?

  Forsyth Certainly. (Pulls on a rubber glove and demonstrates to the audience.) Just before injecting a patient, you press the plunger thus, to ensure that the liquid is flowing. (He allows it to fly into the air, landing on his glove.) As you observe, some droplets end up on the glove.

  Kersley And this led you to believe that Mrs Sherwood had probably received an injection of Potassium Chloride just before her death?

  Forsyth Yes, it did.

  Kersley And could such an injection also have caused the bruising on her arm?

  Forsyth Most certainly it could, especially if she had offered any resistance.

  Kersley Professor, I should now like to ask you about the glass of wine found on the table by Mrs Sherwood’s side. Have you been able to analyse its contents?

  Forsyth Yes I have, and they revealed large deposits of Temazepam - a particularly strong sedative, available only on prescription. There was enough left in the glass to have knocked out a heavyweight boxer.

  Kersley Which would, had she taken it, have made injecting her all the more easy.

  Barrington My Lord, I was accused by my learned friend of a plot worthy of A Book at Bedtime. Following Mr Kersley’s flight of fancy, once this trial is over can I assume he will be applying to become an investigative journalist with the News of the World?

  Judge We will leave the jury to decide which one they consider the bet
ter qualified for that job, Sir James. Carry on, please, Mr Kersley.

  Kersley Professor, can you confirm that six ampoules of Potassium Chloride were collected by Ms Mitchell from a chemist in Wellingborough?

  Forsyth Yes, I can. I studied the poison register and checked all six entries against the prescriptions collected by Miss Mitchell and they all tallied.

  Kersley And as a leading authority on the subject, would you now tell the court how many ampoules of Potassium Chloride it would take to cause a fatal heart attack?

  Forsyth (hesitates) Four ampoules would be certain to cause cardiac arrest, but a fifth would leave no hope of survival.

  Kersley And how would the victim die, Professor?

  Forsyth In great pain, before the heart finally gave out.

  Kersley But surely the post-mortem would reveal strong traces of Potassium Chloride that would cause the examining doctor to become suspicious?

  Forsyth Unfortunately not. A heart attack causes an unusual amount of Potassium to be released into the bloodstream, which would be regarded as quite normal by any doctor conducting a post-mortem.

  Kersley And Mr Sherwood would have been aware of this?

  Forsyth A first-year medical student would have been aware of it.

  Kersley Professor, what would be your opinion of a doctor who took advantage of such specialised knowledge?

  Forsyth It betrays the very principles of the Hippocratic Oath, ‘Whatever house I enter, there will I go for the benefit of the sick, refraining from all wrong doing.’ The meaning could not be clearer.

  Kersley No more questions, My Lord.

  Judge Sir James. Do you wish to cross-examine?

  Barrington Thank you, My Lord. Dr Forsyth.

  Forsyth Professor.

  Barrington I do apologise, Professor. May I begin by congratulating you on such an illustrious career, detailed so laboriously by my learned friend. But do you consider, as a scientist, you are also qualified to pass moral judgements on a colleague without relying on a shred of evidence?

  Forsyth The Hippocratic Oath is the very foundation of a doctor’s code of practice.

  Barrington And there is nothing in Mr Sherwood’s equally distinguished career to suggest that he doesn’t agree with you. So let us now consider the facts, Professor. You told the court that none of the doctors at St George’s gave you any reason to believe that Mrs Sherwood had died in unusual circumstances.