Chapter 16

Monday 23rd March 2009

The next morning at ten, saw Joseph in the dock of the magistrates' court and Angela in the witnesses' waiting room. The Usher read out his usual legal rigmarole and then it was 'All Stand' while the three magistrates entered and sat down.

The Chairperson of the three was a middle-aged woman with half-moon glasses who sat between two older men. One was tall and thin with a long sharp nose, while the other was overweight with a round face and a small moustache. The rest of the court then sat.

The usher proclaimed Joseph's case and Joseph was asked to stand.

"Please state your full name and address," said the Usher. Joseph gave the information.

"Read the charge," the Chairwoman said.

"On or after the third day of February, Two Thousand and Nine, Joseph Ramsden did move or cause to be moved a motor vehicle belonging to Trevor Gerard Johnson without the owner's consent contrary to Section 12a of the Road Traffic Act."

"Joseph Ramsden," said the Chair, "Do you understand the charge against you?"

"I do, your Worship," said Joseph.

"And do you still plead not guilty to this charge?"

"I do, Madam."

The woman seemed impressed that he used the correct forms of address, and was respecting the court. She was used to less formal and sometimes truculent responses from many of those who passed before her.

She smiled a tight smile and nodded, "You may sit down Mr Ramsden."

"Thank you, Madam."

She nodded again.

"Mr Jones, I take it you are prosecuting this case?"

"I am, Madam."

The Prosecuting Lawyer was average in every respect, average height, about five feet eleven inches, slightly overweight, balding. He was business-like in his approach as if he had been doing this for years, which indeed he had. There was an air of boredom about him as if he had seen it all before and really the outcome had nothing to do with him. He had the resigned air of someone doing a tedious job.

She consulted the two men either side of her, and they nodded. She sighed. "Very well, proceed with your opening statement Mr Jones."

"Thank you, Madam," he consulted his notes and continued in a level tone.

"On the 3rd February last, Mr Trevor Gerard Johnson left the accused's house and began a journey home along a cart track leading to the public highway. There was a heavy snowstorm and before he reached the public highway he was forced by drifting snow to abandon the car. The next day, the 4th February, the accused moved the car from its place on the track to his barn, a distance in excess of some 800 metres, even though there was a field entrance close to where the car was found.

"The act states that if it is necessary to move a vehicle without the owner's consent because it is causing an obstruction, it must be moved the shortest distance possible. I will show that the accused is therefore in contravention of Section 12a of the Road Traffic Act.

"Further, in concealing the car, the accused was denying access to the car by its owner.

"I will call the police officer investigating the matter and the owner of the car, Mr Trevor Gerard Johnson."

A bench of lay magistrates has a lawyer sitting in front of them to advise on matters of law. At this point he rose and spoke to the magistrates.

The Chairwoman asked, "Mr Jones, are you saying that in concealing the car the offence is in fact Aggravated Vehicle Taking, since you allege he concealed it to deprive Mr Johnson of it?"

"No Madam, while the act of concealing the car might have a number of motives, it is not clear whether the accused intended to deprive the owner of the car permanently."

"Continue," she said.

"That concludes my opening statement, Madam."

"Call your witnesses Mr Jones."

In an English Court, witnesses are not allowed into the court until they give their evidence, so the usher has to call them.

The Detective Sergeant was called, sworn in, and in answer to the Prosecutor's questioning established he had visited the house of the accused on the 9th March and found the car locked in a barn. At the police station, the accused had admitted moving the car to the barn, and had indicated where the car had been when moved. The accused had then admitted he had moved it further than the minimum necessary.

Ian stood to cross examine. "Sergeant Wilshaw, when you arrived at his cottage, and you told Mr Ramsden why you were there, what did he say and do?"

"He took us to the barn and opened it for us to identify the car."

"Was the car damaged in any way?"

"We examined it and we could see no damage."

"Did Mr Ramsden say why he had moved it?"

"He said he put it out of harm's way – out of the snowstorm."

"Thank you, Sergeant."

The Sergeant was invited to leave the witness box, and the Prosecutor called Trevor Gerard Johnson. There was no response. The Usher went to the witness' waiting room, and returned to say he was not on the premisses. The Chairwoman looked exasperated.

"Mr Smith? I thought you had agreed witnesses would be in attendance?"

"Mr Johnson did say he would attend Madam."

At that moment there was a commotion and Trevor bustled into the court. He was directed to the witness box.

"Apologies," he said breathlessly. "Traffic hold-up."

The Chairwoman frowned and then asked, "Do you want some time to collect yourself?"

"No, no," Trevor answered, "Thank you your Honour. I'm ready."

The Usher handed him a Bible and a card and he was sworn in.

Mr Jones began, "Mr Johnson, did you visit Mr Ramsden, the accused, on Monday 3rd February last?"

"Yes."

"For what reason?"

Ian stood, "Your Worships, is this relevant to the offence?"

Jones smiled. "It throws light on the accused's actions, your worships."

"Continue."

"I went because my girlfriend at the time was with Mr Ramsden."

"And?"

"We had an argument, and my girlfriend decided to stay there. So I left."

"Then what happened?"

"I drove down the cart track, but after turning the first corner I could not go further, the snow was too deep. I had to leave the car. I became ill as a result of the cold and wet, and couldn't return to pick the car up when the snow abated. I went back some days later and the car was gone. I phoned the police to report it, and they found it in the accused's barn, hidden from sight."

"You are saying that the accused took the car and hid it?"

"Yes, out of spite after the argument."

Mr Jones sat down and Ian stood.

"You returned 'some days later'?"

"Yes."

"Did you contact Mr Ramdsen to ask him where the car was before calling the police?"

"You can't contact Ramsden. He has no phone and mobiles can't get a signal."

"You didn't think to go to the house?"

"After the argument? Not likely! He's got a vicious dog."

"Did he contact you to tell you where the car was?"

"No. I got a garbled message after the police had found the car. He was covering his tracks."

"Your worships, that last remark was conjecture." Ian said.

"Duly noted and disregarded, Mr Higgins."

"You said earlier that the accused hid the car out of spite. It was only an argument about your girlfriend and she remained with him after you left. Would you like to reconsider that remark? Why should he feel spiteful?"

The prosecutor smiled, and Ian knew Trevor had fallen for the ploy.

Trevor puffed himself up. "He was spiteful because years earlier his wife left him to live with me. I took his wife from him and she divorced him. He took my girlfriend in revenge."

"No further questions." Ian sat down.

"Do you have any further questions for the witness?" asked the Lady Chairwoman of Mr. Jones.

"No, Madam, I think the witness's last statement gives the motive for hiding the car so far away from where Mr Johnson had to leave it."

"Mr Johnson you may stand down."

"Mr Higgins, you seem to have a number of witnesses. Are they witnesses to the fact, or character witnesses?" asked the Chairwoman.

"All to the fact, your Worship; two of them are expert witnesses."

"Call them."

"I call Joseph Ramsden."

Joseph was sworn in.

"Please tell the court what happened the day Mr Johnson visited you."

"Well, your Worships, it was late morning and the snow had been driving hard for over an hour when Mr Johnson arrived. There was a discussion about Angela Furness's presence and when she refused to go with him he left the house and drove away.