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
d done so, you would have taken your shirt off?

  Sherwood Yes, I would.

  Barrington Would you please turn round now Mr Sherwood? Would you please take you shirt off? (He does so, to reveal a large bum that almost covers his back.) ‘A small burn on his right arm … Only when he takes his shirt off!’ No more questions My Lord.

  The lights fade as everyone stares at Sherwood’s back.

  Scene Two

  The following morning.

  Jury Bailiff walks through the door and once again comes face to face with the audience. The clock shows 9.45 a.m.

  Jury Bailiff Good morning Ladies and Gentlemen of the Jury, on what will be our last day together. When we return to the court in a few moments’ time, Mr Justice Cartwright will begin his summing up. He will only give you guidance on points of law. He will not offer an opinion on the case, as that is solely your prerogative. After he has completed his summing up, I will accompany you back here to the jury room, where I will leave you to consider your verdict. (The Jury Bailiff glances at the clock, which shows 9.50.) The time has come for us to make our way back to Court Number One. Ladies and Gentlemen of the Jury, please follow me.

  Jury Bailiff steps through the door, so thai when the lights come up we are back in Court Number One. Everyone is in place awaiting the Judge and jury.

  Usher Be upstanding in the court. All persons having anything to do before my Lords, the Queen’s Justices, oyer and terminer, and general gaol delivery for the jurisdiction of the Central Criminal Court, draw near and give your attendance. God save the Queen.

  The Judge enters. When he is in place, they all bow and he returns their bow.

  Judge Ladies and Gentlemen of the Jury. Having heard the arguments from both leading Counsel, it is now your solemn task to return a verdict as to whether Mr Patrick Sherwood be guilty or not guilty of murder.

  Among the matters you will have to decide is did Mr Sherwood instruct Ms Mitchell to have six ampoules of Potassium Chloride made up outside London. Or was it compelling evidence - as Sir James suggested - that five out of the six prescriptions were not made out for a Friday - the day on which Ms Mitchell insists Mr Sherwood handed them over to her?

  And then you will want to turn your attention to the open window leading to the Sherwoods’ fire escape, the rubber glove dropped on the kitchen floor, the wineglass found by Mrs Sherwood’s side and the doctor’s bag left by the telephone. Are they simply four red herrings, or do they point to something far more sinister? And remember that when it comes to reaching your final decision, you must deal only with facts.

  Yes, it is a fact that the rubber glove was found to have a deposit of Potassium on it - but was it concentrated grapefruit juice? Yes, it is a fact that an excess of Temazepam was discovered in Mrs Sherwood’s wine - but who put it there? And at the same time, you will want to consider the victim’s words, ’How did you get in?’. Were they addressed to the porter, Mr Webster, as he entered the room, or to someone else who quickly disappeared into the kitchen?

  Did Mr Sherwood return to the flat that night, in order to inject his wife with Potassium Chloride, or was he, as he claims, signing a death certificate in Westminster? You are in possession of that death certificate which unquestionably bears his signature and is timed at 10.27 p.m., but was it signed that night or later the following morning? Unfortunately, no one has come forward to verify either account, so only you can decide.

  Which takes me on to the significance of a life insurance policy for one million pounds, taken out only weeks before Mrs Sherwood suffered her first heart attack. Did you find this a compelling motive for murder, or just another red herring?

  Now we come to the most crucial question in this whole case. Did Ms Mitchell - as she vehemently insisted - have an affair with Mr Sherwood that lasted for several months, or are you persuaded that, having been rejected by him, she made the whole story up? Were you affected by the fact that he obviously knew where she lived or were you more struck by seeing the scar on his back? Although you will recall Ms Mitchell told us that whenever they made love Mr Sherwood insisted that the lights were out. You have been able to observe both of them in the witness box, so you can draw your own conclusions as to which one you feel was telling the truth. For certainly, one of them is a brazen liar.

  If you decide it was Ms Mitchell who was being deceitful about her relationship with Mr Sherwood, then you have every right to be sceptical about the rest of her evidence. But if, on the other hand, you are convinced she did have an affair with the accused, then you might feel that verifies the rest of her story.

  And so the time has now come for you to return to the jury room and consider your verdict. If, when you have completed your deliberations, you feel the Defence have made their case, then it is your duty to return a verdict of Not Guilty. But, if you believe the Prosecution has proved its case beyond reasonable doubt, then it is nothing less than your duty to deliver a verdict of Guilty.

  May God guide and assist you in your counsels.

  Lights dim in the court. Jury Bailiff steps through the jury door, into spot, as house lights go up.

  Jury Bailiff Members of the Jury, the time has come for you to make your decision, but do not do so until I instruct you.

  It is your task to decide whether you believe Mr Patrick Sherwood is guilty or not guilty of the murder of Elizabeth Sherwood.

  I will leave you for a few moments to talk among yourselves and consider your verdict. (He leaves the stage for 30 seconds.)

  Usher Silence in Court.

  Jury Bailiff Please take the monitor from the back of the seat in front of you, and register your verdict, guilty or not guilty, now.

  Pause while the audience place their vote. This can be done with cards or a show of hands.

  Jury Bailiff Thank you, Ladies and Gentlemen of the Jury. We will now return to the court, in order that your verdict may be known.

  Jury Bailiff exits through the jury room doors, which split apart.

  VERDIGT

  IF THE AUDIENCE DELIVERS THE VERDICT NOT GUILTY:

  Usher Silence in court. Bring up the prisoner.

  Sherwood returns to the dock.

  Judge Will the foreman please rise. Mr Foreman, have you reached a verdict?

  Foreman (on tape, or from the body of the audience) Yes, we have, My Lord.

  Judge Do you find the prisoner at the bar, Patrick Hugh Sherwood, guilty or not guilty of the murder of Elizabeth Sherwood?

  Foreman Not guilty.

  Judge (turns to face the defendant in the dock) Patrick Hugh Sherwood, you have been found not guilty of the charges laid before you and I therefore discharge you. You are free to leave the court.

  Sherwood comes down from the dock and shakes hands with Barrington and Jarvis.

  Barrington Congratulations.

  Sherwood Thank you.

  Jarvis Well done.

  Sherwood Thank you both. But Sir James, may I ask you a question?

  Barrington Yes, of course.

  Sherwood Am I right in thinking that when a verdict of not guilty has been reached, there can never be a retrial?

  Barrington That is correct. In English law, once a jury has acquitted a defendant he cannot be put on trial again for the same offence.

  Sherwood (smiles) That’s a relief.

  Jarvis So tell me, Mr Sherwood, how do you intend to celebrate your great victory?

  Sherwood I shall go back to work, Mr Jarvis, just as Sir James predicted I would.

  The attention moves to Kersley and Ashton, who are chatting on the other side of the stage.

  Ashton I have a feeling it must have been a close-run thing, so what do you imagine tipped the balance?

  Kersley The burn on his back, would be my guess. Pity Ms Mitchell didn’t stay to hear his evidence. I would like to have seen her face when the good doctor took off his shirt.

  Ashton Perhaps the reality is as Sir James suggests, that having been rejected by Mr Sherwood she was simply seeking revenge. r />
  Kersley I’m not convinced it’s quite that simple. There’s something about this case that doesn’t ring true.

  Ashton In what way?

  Kersley (they start to leave the stage) Well, to start with, why didn’t Mitchell return to hear the verdict?

  As they depart the Jury Bailiff walks quickly back on, as Sherwood is leaving.

  Jury Bailiff Sir, sir. Can I suggest that you stay put for a few more minutes, as there is rather a large crowd gathering on the pavement outside. And once the corridors have been cleared, we can slip you out the back way.

  Sherwood That’s most thoughtful of you, Mr Pierce, but I’m quite happy to leave by the front. I’ve nothing to hide.

  Jury Bailiff No, of course you haven’t, Mr Sherwood indeed, if I may say so, sir, I never doubted for a moment that you were innocent. By the way, the woman Mitchell is hanging around in the corridor trying to get back in, but I didn’t…

  Sherwood No, that’s fine, I’m only too happy to see her.

  Mitchell runs on to the stage and the Jury Bailiff exits.

  Mitchell I booked a table for us at the Caprice. No need to hide in Fulham any longer.

  Sherwood You were always that confident of the verdict?

  Mitchell Of course. Once the jury had seen that scar on your back they were never going to believe that I had slept with you and to quote Mr Kersley, ‘A jury that has doubts will never send a man to gaol for the rest of his life.’

  Sherwood You were brilliant in the witness box, in fact, Sir James only got the better of you once.

  Mitchell And when was that?

  Sherwood When he tricked you into writing your signature on the Usher’s notepad, to show that you’d lied when you claimed you were right-handed.

  Mitchell But I am right-handed. I worked out exactly what Sir James was up to and realised that the image of me signing that pad with my left hand would remain fixed in the jury’s minds.

  Sherwood Then why didn’t you try on the rubber glove?

  Mitchell I did, at the police station, and I just couldn’t get it on, Elizabeth must have had very small hands.

  Sherwood You thought of everything.

  Mitchell Yes, and if only Webster hadn’t walked in just before I’ finished injecting her we could have been married a year ago.