Beyond Innocence (13 page)

As Irene Yarwood sat down there were slight murmurings from those present in Court and the judge felt obliged to restore order with a loud crack from his gavel.

Looking at the prosecution bench he said quickly, “Mr. Nuttall-Jones I know you’re anxious to proceed as quickly as possible but I thought now might be a good time to recess for lunch. Then looking and nodding at both counsel, he said, “Good. Then can we all be back for two o’clock.”

As both counsel nodded affirmatively, the Chief Clerk shouted, “All Rise,” and Lord Chief Justice Ewing left the courtroom.

Despite the noise from the storm outside, the courtroom soon became a cacophony of sound with voices everywhere. It seemed as though everybody had something to say about the morning’s proceedings so much so the departure from the dock of Harry Thompson passed almost unnoticed as he was escorted down the steps to the rooms below. .

When the court reconvened after lunch, evidence of identification of Diane Wilson was given by her father. All those present were touched in some way if it was only due to the stifled, but persistent sobbing of Mrs. Wilson. Several times the judge intervened to ask if she would like a short recess but she refused all such requests preferring, instead, to get the whole traumatic experience over and done with as quickly as possible. With the voice of Mr. Wilson trembling with emotion, Sir Gordon Nuttall-Jones led him slowly and painfully, through his own traumatic ordeal. Due to the distress caused to Mrs. Wilson during this procedure, Sir Gordon revised his witness strategy by deciding that, in order to spare her any further anguish, she would not be called to give evidence. As a result the case moved on to the testimony of the two divers who had discovered the body.

At this stage Irene Yarwood had not asked any questions because nothing had been presented which could be called into question. Evidence of identification, given by the brother of Angela Clarkson, followed the same procedural pattern bringing the second day’s proceedings to a close.

After the lunch recess on the third day, Professor Guy Whittingham was called to the stand to give his expert evidence concerning the DNA results from the samples taken during the course of the police investigation. He was giving his evidence under examination by Sir Gordon Nuttall-Jones. Sir Gordon was a very imposing figure. He stood at least six feet six inches tall and his very presence seemed to fill the Court. Whenever he spoke his voice seemed to reverberate around the room despite the noise emanating from the continuing storm outside. Continuing his examination of the witness he said, “Now professor, for the benefit of the jury, please clarify that statement once again as I don’t want the jury to have the slightest doubt in their minds about the DNA testing. Will you please confirm that you are saying it was the specimen supplied by Thompson, the accused person in the dock. At this point he turned to the jury and ordered them, “Look at him, which provided so many similarities to that sample extracted from the vagina of Diane Wilson and you can put it as high as 98% certain that it came from the same person. In addition, the odds of a similar match being obtained from another person are in excess of 300 million to one.”

Not completely satisfied with this, Sir Gordon continued to milk the scene by repeating 98% certain and 300 million to one.

“Yes that’s what I said and, that is indeed correct.” affirmed the professor.

Sir Gordon was more than pleased with this witness and it showed with the smile that lit up his rounded features. He looked across at Irene Yarwood and said triumphantly in a voice at least an octave lower, “No more questions.”

Irene stood up quickly. She certainly didn’t wish to appear hesitant especially in front of the jury and in the course of her first murder trial, but even so it still took her almost half a minute before she began her cross examination. “Professor Whittingham, thank you for your comments. Now what else can you tell us about this DNA test? For instance are you saying that, absolutely positively and without any question of doubt whatsoever, this sample could have come from one person and one person only and that the person is Harry Thompson, the accused?”

“No” he replied relishing his glory in the spotlight, “I’m not actually saying that. “What I am saying is, unless Mr. Thompson has an identical twin, the odds of a similar profile being obtained from another person are in excess of 300 million to one.”

Sir Gordon couldn’t believe his luck when he heard this statement from his witness. He was on his feet in an instant. Banging his fist on the table in front of him he shouted aloud, “But there are no twins here in this case.”

Gavel in hand, the judge quickly brought the proceedings back to order once again and, although he rebuked the errant QC for his behaviour, the point had been made and it had been hammered home mercilessly...

Miss Yarwood continued as though nothing untoward had actually occurred, “Now Professor Whittingham, you carried out these tests between the samples obtained from the defendant and the samples obtained from the body of Diane Wilson, did you?”

“That is correct,” he replied.

“Did you carry out similar tests with the samples from the deceased and any of the other samples provided?”

“No I did not.”

“Well, Professor, that is indeed a surprise to all of us. Perhaps you can explain to this court why no other tests were carried out?”

“That’s quite simple. You see I wasn’t asked to. I was only provided with the sample referred to and I was asked to compare it as I described earlier.”

“What about the sample obtained from the second victim, together with all of those samples obtained from the volunteer donors in response to the police appeal for help?”

Before the Professor could reply, Sir Gordon was on his feet bellowing, “Objection, objection I must strongly object to this line of questioning by my learned colleague. From the very start of this case, the prosecution have made it abundantly clear that we would not be introducing any DNA evidence in connection with this second count of murder. Therefore it isn’t relevant and I must ask your lordship not to allow this line of questioning to proceed any further.”

Sitting silently in his chair, Judge Ewing banged his gavel repeatedly until order was restored. He ordered both counsel to the bench and addressing Miss Yarwood, he said angrily, “Miss Yarwood what on earth do you think you are playing at? If you do anything like this again I shall hold you in contempt. You know as well as I do, from the documents provided in discovery, that the prosecution are not relying on DNA evidence in the second case, in which case you cannot introduce it.”

Unabashed and unafraid Miss Yarwood replied, “Your honour I am trying to establish that there is DNA evidence in the Clarkson case and it is being suppressed by the police and the Crown. Over 200 people gave voluntary samples including my client, none of which proved a match to that obtained from Clarkson. Now, if the sample obtained from Clarkson could be matched with somebody, then it is likely or at least it’s possible that this person may well have been the last person to see her alive. In that respect that is where the two cases become almost identical. To my mind, there is a marked similarity in the two cases. On the first charge, the DNA sample relates solely to that provided by my client and he readily admits that he had intercourse with his girlfriend. It is because of this that he has been charged. In the second case we know that somebody had sex with Clarkson and that person was definitely not my client. Therefore, I think it is of paramount importance to my client’s case that this point is adequately covered during these proceedings. Please allow me to continue for a little while and, at the same time consider this... If the positions were reversed, then surely it is possible the person who killed Clarkson and left his sample also killed the girlfriend of my client?”

Irene received no sympathy from the judge who told her in no uncertain manner that his patience was now exhausted and she was skating on very thin ice adding, “The point is Miss Yarwood; none of us know the identity of the last person to have sex with the poor woman. Even if we were aware of the identity of that person it seems fair and logical to assume he’s not here because the police think he took no part in the murder and he has been eliminated from their enquiries. In those circumstances the Crown are quite justified in not bringing before this court any DNA evidence regarding Clarkson. Now that is my final ruling on the subject so might I suggest that we get back to the business in hand which happens to be your cross examination of Professor Whittingham.”

Although she had lost the battle, Irene was not disheartened because she knew she had established there was some additional DNA evidence connected to the case and one day, given that she could introduce it, it could prove decisive. As she took her place she announced, “No further questions,” and the Professor was allowed to leave the witness stand.

Nodding to Sir Gordon, Lord Chief Justice Ewing indicated that the next witness was eagerly awaited.

“Call Bridget Riley.” This was immediately repeated by the usher and, a few moments later, she entered the court accompanied somewhat symbolically by another crash of thunder. All eyes were upon her as she made her entrance and, despite her obvious attempts to alter her appearance, she still managed to look like a tart. She took her place in the witness box and repeated the oath whilst holding the bible. Sir Gordon disposed of the usual perfunctory questions such as name and address and then, with the onlookers hanging on every word, posed the question they were all waiting to hear “Occupation?”

Sir Gordon       “Did you know the deceased woman Angela Clarkson?”

Bridget             “Yes.”

Sir Gordon       “How well and for how long?”

Bridget             “At least five years.”

Sir Gordon       “How did you meet her?”

Bridget             “Through the escort agency, sometimes we worked together.”

Sir Gordon       “Did you work Rodney Street together?”

Bridget             “Yes we did.”

Sir Gordon       “On a regular basis?”

Bridget             “Yes, if there wasn’t any other work.”

The prosecutor then picked up the watch from the table where the exhibits lay. Turning to Bridget he asked, “Did you ever see Angela Clarkson wearing a watch like this and could this watch have belonged to her?”

He walked slowly over to the witness box holding the watch aloft by the strap in order that the jury could see it as he handed it to Bridget.

Bridget looked at it very briefly and without hesitating replied, “Yes that’s Angela’s watch. She bought it just before she died.”

Sir Gordon       “Have you any idea when she bought the watch?”

Bridget             “I think it was about three weeks before she died but I’m not... absolutely sure.

Sir Gordon then stated that he had no further questions and he asked Bridget to remain in the witness box whilst the defence satisfied themselves about the evidence she had just given.

Even though Irene Yarwood knew beforehand that this evidence would be introduced, she was well aware that it did nothing to improve the chances of her client. Nevertheless, she just had to get on with it and she began her cross-examination.

“Now Miss Riley, you have told this court that you were a long-standing friend of Angela Clarkson’s and that you weren’t simply street corner acquaintances plying your trade together. Is that really true?”

Bridget was now growing in confidence and to some extent she was relishing her moment in the spotlight as she answered, “Yes I’d known her for quite some time.

Miss Yarwood. “So when you said that you saw Angela wearing this watch she showed it to you, did she?”

Bridget             “Yes she did.”

Miss Yarwood  “Did she take it off in order that you could have a good look at it?”

Bridget             “Yes she did.”

Miss Yarwood  “So you had a good look at it and did she tell you how much she had paid for it?”

Bridget             “Yes I had a good look at it but she didn’t tell me that. She just said that she’d come into a bit of money and that she had always wanted a decent watch.”

Miss Yarwood  “Really Miss Riley, I find that very hard to believe. Are you telling this court that Angela Clarkson your long-standing friend, comes down to Rodney Street wearing a very expensive watch and you didn’t want to know where she got it from or how much she paid for it?”

Bridget             “Well I didn’t want to ask too many questions in case she thought I was jealous.”

Miss Yarwood  “And were you jealous?”

Bridget             “A little bit I suppose.”

Miss Yarwood  “I have to remind you now that you are on oath and I am putting it to you that you never saw Angela Clarkson wearing that watch at any time. I am putting it to you like this because I’d like you to tell me how much you think a person might have to pay for a watch of similar quality?”

Bridget             “I suppose she paid about sixty or seventy pounds for it or something like that.”

Miss Yarwood  “As much as that, really, and, you’re telling this court that Angela Clarkson would go out on the streets touting for business, wearing a brand new watch costing sixty or seventy pounds?”

Before Bridget could answer Irene continued, saying, “Well let me tell you something, young lady. That watch didn’t cost sixty or seventy pounds. Actually it cost three hundred and fifty pounds and, I have here a letter of confirmation from the maker’s English agents confirming that.”

Bridget was no longer in control. She was beginning to feel more than a little uncomfortable especially with the way this cross-examination was going. All she wanted to do now was to get out of the witness box and sink at least a couple of large gins. She stood anxiously in the witness box waiting for the next barrage as the QC continued, “Now Miss Riley, are you seriously telling this court that your friend took off this watch in order that you could have a good look at it, and you could see it was quite an expensive item to put it mildly, and she was quite happy to walk the streets wearing it whilst knowing full well that it had cost three hundred and fifty pounds. I put it to you, Miss Riley, that this testimony of yours is nothing more than a pack of lies because Angela Clarkson never bought that watch and you never saw her wearing it at all, did you?”