Unfortunately the word is out and my identity has been revealed to a select few in chambers. Although one has confidently claimed he would have guessed it was me, part of the difficulty is that my peers now wish me to share a little of my experience (see 12/11/12) rather than that of other people (perhaps unfairly pointing out that I have more than my fair share of it).
The highlight (lowlight)? came in a trial with 4 defendants in Teesside last year, 1 of which I defended, along with 2 colleagues from chambers, and a 4th prosecuting the case. As first defendant, I was supposed to have recruited the others to the criminal enterprise. It followed that if I was acquitted then all would be, and also that my closing speech would have to come first.
My style is not really to swagger and put on a great show, but as I came to an important point I was into my stride.
The point I was trying to make was that my client had been cautioned before the interview and complied fully with the officers throughout. In setting up this point I decided to stress how familiar we as the general public are with the words of the caution due to exposure to The Bill and others:
Young Rumpole (for it was he):
Members of the jury, we have all seen The Bill. We all know the words of the caution that are used on arrest. The same words used before interview or charge. I expect you could recite them to me if I were to ask you to do so now: You do not have to say anything, but it may fail to harm your defence if your questions are...ah...
The transcript we obtained of the hearing afterwards does not record the giggling from my supportive colleagues, nor that of the Judge who appeared to be stuffing his robes into his mouth and making a noise like a motorbike starting up.
Gamely I batted on. We won.
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