The Accused Read online

  Kersley So, after Mr Sherwood had made love to you, did he eventually leave?

  Mitchell Yes, it must have been about three in the morning.

  Kersley And how did he treat you the following day?

  Mitchell He was very courteous and professional during ward rounds, but that changed when he asked me to join him in his office.

  Kersley Why, what happened, Ms Mitchell?

  Mitchell As soon as I walked in, he pulled me towards him and started to undo my uniform. I warned him that anyone might come in.

  Kersley What did he say to that?

  Mitchell He didn’t, he just smiled and locked the door.

  Kersley And did he continue to try to undress you?

  Mitchell Yes, we ended up making love on his couch.

  Kersley And did this become a regular occurrence?

  Mitchell Oh, yes. After that, Patrick would often turn up late at night, explaining that he told Elizabeth he was out visiting a patient. He made love with such a passion that I was convinced he no longer had a sexual relationship with his wife.

  Kersley And how long did this affair go on for?

  Mitchell About three months.

  Kersley And he asked you to pick up the prescriptions from Wellingborough soon after you started sleeping with him?

  Mitchell Within days. But by then Patrick knew only too well that I nearly always visited my parents at the weekend.

  Kersley And were these prescriptions ever made out for Mrs Sherwood?

  Mitchell No, they were all for private patients.

  Kersley Can you recall the date of the first one?

  Mitchell Yes. It was about three months before his wife died.

  Kersley How can you be so sure?

  Mitchell Because I made a diary entry that Patrick had given me a ten-pound note to cover the cost, and there was four pounds change, which I returned to him on the Monday morning.

  Kersley But if you were so surprised to be asked to carry out Mr Sherwood’s instructions, why didn’t you report your misgivings to anyone in authority?

  Mitchell Because by then I’d fallen in love with him.

  Kersley And did he ever give any hint that he might have fallen in love with you?

  Mitchell Oh, yes. Patrick regularly told me he was sick of his wife, and he couldn’t wait to be rid of her so he could spend the rest of his life with me. He hated the way she constantly belittled him in front of the staff. He even talked about moving out of Arcadia Mansions, finding a larger apartment and starting a family. I didn’t take it too seriously to begin with. But then one night he proposed.

  Kersley He asked you to marry him?

  Mitchell Yes, he did.

  Kersley While his wife was still alive?

  Mitchell Yes, it was after we’d made love - I’ll never forget it, because he left a few minutes later.

  Kersley So would that have been around three in the morning?

  Mitchell No, just after ten.

  Kersley But you told the court that he usually left around three in the morning, so that no one would realise you were having an affair.

  Mitchell Yes, but that night he told me he had to visit a patient in Westminster and he would come back later, which puzzled me.

  Kersley Why did it puzzle you, Ms Mitchell?

  Mitchell Because he didn’t have his doctor’s bag with him.

  Kersley And did he come back later?

  Mitchell Yes, a few minutes after eleven.

  Kersley And did you notice any change in him when he returned?

  Mitchell Yes, he seemed very nervous. And when I asked if there was a problem, he told me that the patient had died.

  Kersley He told you that the patient had died?

  Mitchell Yes, I tried to calm him, but he just paced around the room mumbling to himself and then suddenly left without warning.

  Kersley And did he ever raise the subject of marriage again?

  Mitchell No. Once his wife had died, Patrick refused even to speak to me.

  Kersley But this was the man who had regularly shared your bed and even asked you to be his wife.

  Mitchell Yes. (Near to tears.) Which is why it came as such a terrible shock when he dropped me without any warning. Of course, relationships can come to an end, but that doesn’t mean you can’t remain on good terms.

  Kersley But you did attend Mrs Sherwood’s funeral?

  Mitchell Yes, but Patrick ignored me and didn’t even invite me back to his flat to join the other guests.

  Kersley Was there anything else you can remember about the funeral?

  Mitchell Yes, I was surprised that Mrs Sherwood was cremated and it made me anxious for the first time.

  Kersley What were you anxious about?

  Mitchell Well, I began to wonder if Patrick was making sure that no one could ever check what had caused the bruising on her arm.

  Sherwood half rises, catches Judge’s eye and sits back down.

  Barrington My Lord, this is a disgraceful slur on my client. There is absolutely no proof that…

  Judge I agree, Sir James. The jury will disregard Ms Mitchell’s last statement. Ms Mitchell, this court is not interested in your opinions, only in facts. And Mr Kersley, you are as much to blame. You must have known only too well where that question was leading.

  Kersley I did, My Lord, but then I considered Mrs Sherwood’s cremation to be a fact, and one the jury might even find relevant.

  Judge Mr Kersley, you are bordering on impertinence. Stick to facts in future.

  Kersley Ms Mitchell, is it a fact that while you continued working at St George’s Mr Sherwood began to threaten you?

  Mitchell Yes, he did. When I raised the subject of the prescriptions he flew into a rage, warning me that if I mentioned them to anyone, not only would I lose my job at St George’s but he would personally make sure that no other hospital would ever employ me again.

  Kersley So you decided to leave St George’s.

  Mitchell I didn’t have a lot of choice, as he’d made it abundantly clear that I had no hope of promotion while he remained the head of department.

  Kersley So what did you do next?

  Mitchell I resigned and took a short holiday abroad. While I was away, a vacancy arose at Wellingborough Cottage Hospital for the position of senior staff nurse. I was delighted when they offered me the post and hoped this would be my chance to start a new life.

  Kersley But that didn’t prove possible, did it, Ms Mitchell, because Mr Sherwood got in touch with you again. When was that?

  Mitchell It must have been about a month after I’d started my new job. He began phoning me at the hospital.

  Sherwood (rises) I never phoned you. I didn’t even know you’d got another job.

  Judge Mr Sherwood, this is the last time I shall warn you. If you interrupt again, I will have you taken below as long as Ms Mitchell remains in the witness box. Do I make myself clear?

  Sherwood Yes My Lord, but…

  Barrington My Lord, may I be allowed to have a word with the defendant?

  Judge For what purpose, Sir James?

  Barrington To leave Mr Sherwood in no doubt of the harm it will do his cause if he is unable to hear all the evidence offered by this particular witness.

  Judge Do you have any objection, Mr Kersley?

  Kersley If it means I can continue uninterrupted, My Lord, I would welcome it. However, it may be that these unseemly outbursts, repeated by Mr Sherwood at regular intervals despite Your Lordship’s continual warnings, will only serve to shed light on the character of the accused and thus assist the jury when the time comes to consider their verdict.

  Barrington My Lord, my learned friend can never resist making a speech and this one did indeed shed some light, if not on Mr Sherwood’s character, then on the Crown’s lack of any real evidence, which they try to cover up by resorting to personal abuse. However, I will have a word with my client My Lord, and warn him of the gravity of your words. (Barrington goes over to the dock.) Very
good, but that was one more interruption than we agreed on, so don’t do it again. (Sherwood nods and sits back down, Barrington returns to his place.) I’m obliged, My Lord. I think Mr Sherwood now fully understands what is expected of him.

  Judge Thank you, Sir James. Carry on, Mr Kersley.

  Kersley You were telling us, Ms Mitchell, that Mr Sherwood telephoned you at the hospital - for what purpose?

  Mitchell To warn me that the police had begun an investigation into his wife’s death and might want to question me about our relationship.

  Kersley Really? Did he say anything else?

  Mitchell Yes, he begged me not to mention the fact that I’d been with him on the night his wife died, as he had already come up with a more convincing alibi.

  Kersley Why would he need another alibi, if he had been with you?

  Mitchell Because he didn’t want the police to know that we’d been having an affair.

  Kersley And how did you respond to this request?

  Mitchell I told him to go to hell and rang off.

  Kersley Did he call again that day?

  Mitchell Yes, about an hour later, but I refused to speak to him.

  Kersley How did you avoid it?

  Mitchell I made some excuse to Sister about not feeling well, and went home early. But that night I was so distressed I just couldn’t get to sleep, so in the morning I told my parents everything.

  Kersley And it was your father, Councillor Mitchell, who left you in no doubt as to where your responsibility lay?

  Mitchell Yes. He advised me to tell the police everything I knew, otherwise I could be an accessory to the crime and just as guilty as he was.

  Kersley And when the police got in touch with you, you immediately volunteered a statement?

  Mitchell Yes, I did.

  Kersley And has Mr Sherwood tried to contact you again since you made that statement?

  Mitchell He never stops phoning, sometimes twice a day, but I haven’t spoken to him since that morning he rang the hospital. (Sherwood rises but then sits back down.)

  Kersley And despite all that you’ve been put through these last six months, you still have no regrets about taking your father’s advice?

  Mitchell None whatsoever. My only regret… (She hesitates.)

  Kersley Yes, Ms Mitchell? Your only regret?

  Mitchell (stares at Sherwood) … is that I ever agreed to collect those prescriptions for him in the first place.

  Kersley No more questions, My Lord.

  Judge Your witness, Sir James.

  Barrington Thank you, My Lord. Allow me to begin, Ms Mitchell, with the subject of the prescriptions. Can I confirm that you were aware that Potassium Chloride was classified as a controlled drug?

  Mitchell Yes, of course I was.

  Barrington So you would have had to sign for them?

  Mitchell Yes, I signed for all six of them, and as the prescriptions are in the court’s safe keeping, you can check for yourself.

  Barrington I already have, from my photocopies. I just wanted you to confirm that it was your signature on the originals.

  Usher shows her the originals.

  Mitchell Yes, that is my signature.

  Barrington Then perhaps you won’t mind writing your name on the Usher’s pad so that the jury can be left in no doubt. (She signs her signature with her left hand and the Usher shows the pad to Barrington.) Yes, there is no doubt it is your signature. (He checks the prescriptions.) You said in your statement to the police that Mr Sherwood only gave you those prescriptions on a Friday evening, just as you were about to leave for the weekend.

  Mitchell Yes, that’s correct.

  Barrington Then perhaps you can explain why, of the six prescriptions (Holds them up.) one is dated on a Tuesday, two on a Wednesday, two on a Thursday, leaving only one made out on a Friday, which was the one found in Mr Sherwood’s bag. (He places five of them to one side.)

  Mitchell I said nothing about when they were made out, only when he handed them to me for collection and that was always on a Friday evening.

  Barrington How convenient. Unless, of course, you held on to them until you went home for the weekend.

  Mitchell Why should I do that?

  Barrington Why indeed, unless, of course, you had your own reason for wanting to implicate Mr Sherwood, which brings me on to this mythical relationship you claim he began.

  Mitchell It wasn’t mythical and he certainly began it.

  Barrington You say he showered you with presents, sent you flowers, took you out to dinner - even occasionally to the theatre.

  Mitchell Yes, he did.

  Barrington Do you have any proof that these presents ever existed?

  Mitchell No, of course I don’t. The flowers have died and I’ve eaten all the chocolates.

  Barrington Now that is convenient. So you’re asking the court to believe that all these presents were in one way or another, how can I put this, biodegradable? And were these dinners always at restaurants where he wouldn’t be recognised?

  Mitchell Yes, that was the idea. Patrick said it wouldn’t look good if we were seen together while his wife was still alive.

  Barrington Can you name any of these restaurants?

  Mitchell (considers this) Not off the top of my head, no. But then we never went back to the same one twice, although I do remember we once ate in Fulham.

  Barrington And after you’d had dinner at these restaurants you can’t name, you would sometimes go on to the theatre?

  Mitchell Yes, on at least two occasions.

  Barrington So you must be able to name at least two of the plays?

  Mitchell (hesitates) Not immediately. After all, it was over a year ago, but I remember one of them was by Tom Stoppard - and in any case I kept the programmes.

  Kersley whispers to Ashton, who makes a note.

  Barrington And after he’d taken you to the theatre, would he then drive you home?

  Mitchell Yes, he always took me home.

  Barrington And on one occasion he asked if he could join you for coffee?

  Mitchell Yes, that’s right.

  Barrington And until then, he hadn’t tried to do anything that could be described as improper?

  Mitchell No, but two weeks later he grabbed me at the staff party and started kissing me under the mistletoe, and then he put his hand on my …

  Barrington Quite. Where was the mistletoe hanging, Ms Mitchell?

  Mitchell (hesitates) From a light in the middle of the room.

  Barrington From a light in the middle of the room. Let me see if I can picture this, Ms Mitchell. He had one hand on your breast, while at the same time trying to kiss you, in the middle of a crowded room, in front of all his colleagues - and your friends.

  Mitchell Yes. It was very embarrassing.

  Barrington Not embarrassing enough to stop you letting him take you home and then end up in bed with him.

  Mitchell I felt sorry for him.

  Barrington Ah, yes, I remember, it was raining. Have you any idea, Ms Mitchell, how unlikely this story is sounding?

  Mitchell It’s the truth and he knows it.

  Barrington Well, then let’s continue with this morality fable, shall we? The following morning Mr Sherwood called you into his office, locked the door and started trying to undo your uniform?

  Mitchell Yes, he did.

  Barrington And then he made love to you on his couch?

  Mitchell Yes, just as I described it.

  Barrington What time of day was that?

  Mitchell I don’t remember exactly.

  Barrington Well how about vaguely - eight o’clock, nine o’clock, ten o’clock?

  Mitchell I think it must have been about nine thirty. Yes, it was just after we’d completed the early-morning rounds.

  Barrington So you’re asking the court to believe that having left you, exhausted, at three in the morning, he then made love to you again at nine thirty?

  Mitchell Yes, and I wasn’t the only nurse
who’d been subjected to ‘after-rounds’ sex.

  Barrington Strange, because I don’t see any of those nurses on the list of Crown witnesses.

  Mitchell They didn’t want to know, once they realised the police were involved.

  Barrington Strange how everybody and everything disappears whenever you’re involved. And after this romp on the couch, he regularly made love to you in his office and sometimes spent the night with you back at your flat?

  Mitchell No, he never stayed the night. He always left around three in the morning. He didn’t want anyone to find out that we were having an affair.

  Barrington And you say that this relationship went on for several weeks?

  Mitchell Over three months.

  Barrington And you would also have us believe that on one occasion, he asked you to marry him?

  Mitchell Yes, he did.

  Barrington Was this at a restaurant you can’t remember, or after a play you don’t recall?

  Mitchell No, I remember the occasion well; it’s not something a girl is likely to forget. You see, he proposed to me on the night his wife died.

  Barrington (sharply) How could you possibly have known it was the night his wife was going to die?

  Mitchell Obviously I didn’t know until, the following morning. But I’ll never forget his words after we’d made love - ‘Elizabeth won’t be around for much longer, so we ought to start thinking about our future together.’

  Barrington Elizabeth. Did you ever meet Mrs Sherwood?

  Mitchell Only when she came to pick up her husband from the hospital.

  Barrington So you never visited her at the flat?

  Mitchell No, why should I do that?

  Barrington To help her with her injections, perhaps?

  Mitchell No, I’ve never been to Arcadia Mansions.

  Barrington Arcadia Mansions. So it wasn’t you who was at the apartment when Mrs Sherwood said, ‘How did you get in?’

  Mitchell No, I was at home all that evening.

  Barrington Alone?

  Mitchell No, Patrick joined me around eight o’clock. I cooked dinner for him and then we made love in front of the fire. Perhaps you’d like me to go into the details?

  Barrington Yes, I would, Ms Mitchell, because if this relationship was as intimate as you say, you’ll be able to tell the court if Mr Sherwood has any scars, birth marks or even unusual habits that only someone who was so intimate with him would be aware of.