Wednesday 5 June 2024

Reflections - the sequel... pt 3

And, finally, on Tuesday 21st May, the prosecution rested on a trial that began on 14th April, neither of the five defendants elected to take the stand or call any witnesses, and we were dismissed at just gone 15:00 to come back Thursday morning at 10:00 (court wasn't sitting Wednesday due to a prior engagement) to hear closing arguments. So off we all went, eager to get back in to maybe find out why one brief had been so insistent on questioning the lead detective on the shape of his client's garden, a non sequitur of baffling proportions compared to the actual offence he was charged with. 

And we all turned up bright-eyed and bushy-tailed dead on 10:00, waited about 20 mins in the jurt room, then our usher called us in and....the dock was empty! I knew this was a sign we wouldn't sit and hoped the judge would tell us why. but all she said was how sorry she was that we had had a wasted journey, but that this was due to 'events beyond the court's control' and we were released until 10:30 Thursday 30th, but told to keep our mobiles on and if we couldn't sit after all, we'd get a call on Wednesday afternoon. 

So on Saturday I got a letter through the post, a breakdown of the four week expense claim I'd submitted the following week. It was for 15 days (as some days the court wasn't sitting, due to prior appointments or bank holidays) @ £3.50 bus fares per day (all backed up with Oyster printouts) and @ £5.71 meal rate per day. I made the fares £85.65 and the meals £52.50.

The court made it £63 and £114.20 respectively! 🤷‍♀️

I went back to work, WFH on the Wednesday, awaiting a call to tell me we wouldn't be sitting on Thursday after all. No call, so off I went! I had forgotten that it was half-term. so set off early to miss the school run and got there early, as did some of the other jurors. The usher came down to call us at 10:05, but obviously some were still in transit. He had understood that we'd been told to come at 10:00.

Eventually, the others turned up, off we went, waited 10 mins in the retiring room, then into court. Relaxed when I saw the defendantts were all ptresent, then the bombshell; because of the delays, we couldn't continue today, as this trial's estimated date for finishing of 6th June was not now achievable and we were told to go back to the retiring room and write a note with all our dates we couldn't attend up to the 7th July! Not the reason, the judge assured us, she didn't need that, just the dates.

So we did, many of us wondering why this couldn't have been done by email or the expected phone call! The usher collected our notes, and we waited again. After a long pause, he returns - asking us to give the reason for these dates. The judge obviously decided she did need the reason after all! We all amended our notes. Another wait, then the usher comes back in to ask us to confirm if the days we'd put were all full days, or were some of them just morning or afternoon? Another wait. Then the door opens and this time, the amendment was to run the unavailability dates up to the end of July.  

Then we were called back into court after another wait and the judge said she needed more time and she was dismissing us for lunch, to come back at 14:30 (it was about 12:15).

14:30 came and went, as did 15:00 and we were finally called in at 15:45. Went into court to be told she was very sorry, but the trial could not continue, so we would be discharged, and the defendants would face a new trial, so we couldn't talk about it. So I can't tell you who these miscreants are, but you can bet I'll be monitoring local news and as soon as they are convicted - if they ever are - I will! And so we all headed home, strangers who'd become friends over the course of eight weeks, even if we did only attend court for 28 days, and maybe did actual jury work for less than 2/3 of that.

We weren't given a reason for this declaration of mistrial, but I can only conclude it's because the judge couldn't find a long enough period of time we were all available to hear the evidence and deliberate, without cutting into other cases waiting to start...

The very next day, a survey request dropped into my mailbox.


So I duly filled it in. I seem to remember getting one of these last time as well, but I certainly didn't get this back then! 

Another sign of the times. 

I wouldn't let this put me off any further requests, should they come. It's an experience everyone should encounter at least once in their lives. 


6 comments:

  1. I admire your patience Julia, it's an experience which I will be quite happy to avoid.

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  2. I have given evidence in court, arbitrations (including international) and mediations, as well as to a Parliamentary Committee – all as an ‘Expert’ – in construction related litigation. The first thing I want to say is that it’s no use complaining about lawyers defending what any one of us would consider to be the indefensible, as their job is nothing to do with justice, it’s about winning for their client(s). Quite often, the judgement seems wrong, but it’s based on points of law – and again, justice doesn’t seem to come into it.
    OM the basis that the daily fee for an Expert Witness can be considerable, I’d be delighted to work on a long case!

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    Replies
    1. I was once an expert witness in a case where some guy had injured himself with an industrial nail gun and was after his compo. He didn't get any.

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  3. I've been called up just once. I spent the whole time just being on standby. I was lined up to cover a case but the guy changed his plea at the last minute. I seem to recall that the food was quite reasonable.

    Stonyground.

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  4. I followed your progress on X. I'm not sure whether you have an admirable (maybe excessive) sense of civic duty, are a masochist, or have finally lost your marbles! Nothing could induce me to do it again - I only ever had minimal tolerance for incompetence even when much younger, now that my piss has been boiling for decades I wouldn't last a minute!

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  5. "...it's an experience which I will be quite happy to avoid."

    Oh, lots say that, but it really does feel like you're part of something really important, and how many things can the average citizen say that about? Certainly, 'voting' no longer fits the bill!

    "The first thing I want to say is that it’s no use complaining about lawyers defending what any one of us would consider to be the indefensible, as their job is nothing to do with justice, it’s about winning for their client(s)."

    Indeed so. We'd all want someone like that in our corner should the worst ever happen.

    "...the daily fee for an Expert Witness can be considerable, I’d be delighted to work on a long case!"

    There's mobile phone cell site expert who's probably going to be delighterd to get a second fee for this one!

    "I've been called up just once. I spent the whole time just being on standby. "

    Oh, that must be soul destroying!

    "I was once an expert witness in a case where some guy had injured himself with an industrial nail gun and was after his compo. "

    Gosh!

    "... have an admirable (maybe excessive) sense of civic duty..."

    I wouldn't have said I had that, before the first stint! Which made me eager to do it again, it's just such a pity it wasn't as satisfying an experience this time around.

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