The Sleep of Reason: The James Bulger Case (41 page)

The prosecution had intended to follow the forensic evidence with the
boys’ teachers. Jim Fitzsimmons had spent many hours taking statements from staff at the school, describing the boys behaviour in and out of the classroom, and the material had been served as part of the Crown’s case.

At the end of the seventh day of the trial, when the last forensic expert had been called, the jury were dismissed, and the judge and counsel discussed the issue of
doli
incapax
–
which the judge referred to as
doli
capax.
Morland said he believed the bulk of the teachers’ evidence was inadmissible, because it was hearsay. The only evidence that was admissible was expert opinion that the boys knew right from wrong.

The Crown restructured its case, and there was some delay the following morning, before the trial resumed at midday. Now the Crown would call only the school’s head teacher, and the man who had taught Bobby and Jon in their first year in the same class. Bobby’s lawyers were surprised to discover that the Crown was also calling on expert opinion from both Susan Bailey and Eileen Vizard. They had thought Eileen Vizard was their witness, though they had already decided not to call her themselves.

During the morning of the eighth day, Bobby’s counsel and his solicitor sat with Eileen Vizard around a table in the magistrates’ retiring room at the court. As they talked it appeared that she had sent a copy of her psychiatric assessment of Bobby to the Crown. Eventually she was asked directly, and said that she had indeed sent the Crown a copy. She said that she had asked Dominic Lloyd, Bobby’s solicitor, if she could send the report to the CPS, and he had said it would be all right. He said he had agreed to her consulting with Susan Bailey and the other experts who had seen Jon, but she had no authority to send the report to the CPS, and he would not have given her that authority.

It was Bobby’s second barrister, David Williams, who took the steam out of an increasingly acrimonious discussion. He established that Eileen Vizard would only give evidence that Bobby knew right from wrong, on the balance of probabilities. She would concede that psychiatric assessment was not an exact science. The Crown would still have to prove beyond all reasonable doubt that Bobby knew what he was doing was seriously wrong.

In the courtroom the mood was all aflutter, everyone intrigued and puzzled by the delay, and fascinated by the entrance of Bobby’s mother, Ann, who had decided to attend for the first time. Ann wanted to see the teachers give their evidence, especially the head, who she felt had failed her son in some way. Ann had taken a single anti-depressant that morning, before setting out for the court. It was partially calming, but she was still shaky and distressed, her eyes
permanently watery with tears. She held her head up as she walked through the court, and took a seat behind Neil and Susan Venables. They had the support of a woman from Aftermath, Ann had her psychiatric nurse.

Eileen Vizard was the day’s first witness and, responding to the cautiously
worded questions of Henriques, she gave evidence against the boy she had been called in to assess
for the defence. On the balance of probabilities, in February, Bobby had known right from wrong, would have known it was wrong to take a young child from its mother, would have known it was wrong to injure a young child and would have known it was wrong to leave an injured child on the railway. There was no evidence that he was suffering from an abnormality of mind at the time of James Bulger’s death. He was fit to stand trial.

In cross-examination by Turner, she gave her opinion that Bobby was suffering from post-traumatic stress and, although he was fit to stand trial, his understanding of the proceedings might be affected by the disorder. It was his preoccupation with what happened and the resulting distress that made her concerned about his level of understanding.

Susan Bailey gave an almost identical set of answers to questions about Jon from Henriques. She agreed with Walsh, in cross-examination, that Jon burst into tears, cried uncontrollably and showed obvious signs of distress when questioned about James’s death. She had formed the opinion that, for a number of good reasons, he was currently unable to talk about the subject of the charges.

This, in summary, perhaps 20 minutes out of 17 days, was the full extent of the trial’s inquiry into the boys’ mental health.

The evidence of the two teachers that followed was similarly confined by carefully phrased questions. Henriques asked the head teacher at what age her pupils understood that it was wrong to strike another child with a weapon. ‘I would say from when they come to school – at four or five years of age.’ She had no doubts that Bobby and Jon knew in February that it would have been wrong to take a child from its mother, two and a half miles across Liverpool, and that it would have been wrong to strike a three-year-old with a brick.

The school aimed specifically to teach children how to behave towards one another. The boys’ previous class teacher said that pupils were specifically taught about right and wrong, and explained the circumstances in which a class talk on the subject might occur. ‘During the course of the year a child might come to me and say so and so has been pulling the legs off insects or standing on ants, and this would lead to a general discussion about cruelty to each other.’

After the
doli
evidence, the court began hearing the boys’ police interviews, which were relayed through loudspeakers, with radio pick-up headphones for the jury, the judge, the lawyers and Bobby and Jon if they wanted them. Only the first of Bobby’s interviews was played that afternoon, and at the end of the day’s session Bobby was privately put through a dry run of cross-examination by David Turner, to see if he could be called to give evidence.

Bobby sat in his room at the court, facing Turner. His mother, his case worker, his solicitor and his second barrister were also in the room. Turner said he would have to be tough, but didn’t want to frighten Bobby. It began gently and calmly. Bobby said he wasn’t really frightened of Jon. Jon had never beaten him up, they had never fought. Messing about fights, not a real fight. He couldn’t say if Jon was a good fighter. Bobby hadn’t seen any proper fighting in the school yard. He didn’t know what he was like at fighting.

On 12 February Bobby didn’t know if he was frightened of Jon. There was nothing to make him frightened of him … well, when we were up on the railway.…

Bobby had been happy at the Strand. He didn’t notice Jon take another boy. The first time he noticed James was in TJ Hughes, when they came round to go near the steps. He couldn’t remember if they went up the steps. He noticed James following, but didn’t know how far behind he was. He didn’t see Jon take hold of James until the top of the steps in TJ Hughes. He couldn’t remember if he saw Jon hold James’s hand.

I seen him hold James’s hand a few times in the Strand. I didn’t ask him what he was doing.

Why not?

I just didn’t.

Outside by the taxi rank, Bobby said he didn’t take hold of James’s hand. Turner said there was evidence that they both held his hands. Bobby said, some of it is right. He didn’t take hold of James’s hand before the canal. It wasn’t his idea to go to the canal, he just went down. He wasn’t in the lead.

On the bank Jon picked the baby up and threw him on the floor face down. I was in shock.

Did you do anything?

No. I didn’t think Jon was the kind of lad to do that.

Do you know what shock is?

Yes, I was nearly stiff. It lasted a couple of seconds. I went round and up and I left Jon and the baby.

Did you say anything?

I said what did you do that for? He ignored me.

Did you ask again?

No. James was crying then. Really crying. I seen a bit of a mark on his head.

Bobby thought what Jon had done wasn’t really wrong, but wrong, yes
.

In the room, Bobby had been looking up, and maintaining eye contact with Turner or one of the others. Now he covered his face with a wad of tissues, and kept it there, uncovering his mouth and shouting his replies.

He said he didn’t tell in case Jon did it again. He was thinking, if he went and told somebody, Jon would do it again.

He just walked up, but Jon followed him. They went down near the post office and came back.

Wasn’t the best thing to do to take him back to the Strand?

I don’t know.

Wasn’t the best thing to do to go to the security?

I never thought to do that. I didn’t say anything. It was a shock for me. I’d never seen Jon do anything like that before.

Bobby was crying now. He didn’t remember the taxi driver saying Jon had carried James. He didn’t see that. He didn’t see how James crossed Stanley Road. He didn’t think where Jon was taking James, and didn’t ask.

Was there anything to stop you?

No. I’m not really bothered about whether James is with us.

Did you speak to James?

I asked him what his name was. He said Tony. He was asking for his mum. I didn’t say do you want your mum. I guess he would want his mum.

Bobby said they walked past the church, crossed over at the Mons. It was very busy. He didn’t pick James up. He didn’t have to. He didn’t know what Jon did on the reservoir. Bobby hadn’t played there before.

Turner.
It’s not a very exciting place to play, is it?

Bobby.
No, it isn’t.

Turner.
When did you hold James?

Bobby.
I had him by the hand at AMEC.

Turner.
Why?

Bobby
(crying
again)
I don’t know why, we were just walking.

Ann.
If they put him in that box they’ll bury him.

Bobby
.
(crying)
I’m not giving evidence. I’m not going in that box.

He calms down a little. He says when they were down at the alleyway by the police station he wanted James to go in. They didn’t climb up on the railway there, they walked back to City Road. He didn’t know what they were doing, they were just walking. He didn’t know why.

Turner asks, why go on the railway? Bobby is crying again. I don’t know. I didn’t think Jon was going to hurt James.

Why not?

I’m not a mind reader.

But you’re not daft either?

No. I didn’t speak to Jon. You’re not listening to me. On the canal I said, what did you do that for? He just said, I didn’t. I just didn’t ask again.

Why not?

I don’t know.

Bobby is shouting, angry, interrupting as Turner tries to speak.

I don’t know. I don’t know. I don’t know.

Turner asks about the paint. Bobby sighs heavily. He agrees it was a horrible thing to do. Turner asks how James’s clothes came off. Read the statement, says Bobby, sighing. He says, Jon took them off. He sighs some more. He says, I don’t want to talk about it. It’ll make me mum upset. Turner says perhaps it’ll make you upset. Bobby shouts, if it makes me upset it doesn’t bloody matter. Turner asks again about the clothes. Bobby shouts, I said, Jon took them off. It doesn’t sound like you’re listening to me. He did it? Yes. Don’t ask me what for. Bobby sighs. I saw it.

On the railway, says Bobby, James had already been hit by bricks and the iron bar. There was loads of red stuff. He was out unconscious, not talking, on his back. Bobby doesn’t know why he stayed and watched Jon do it. He never asked Jon why.

Turner asks if James’s body was on the line to make it look like an accident. Bobby says how does he know. He doesn’t read Jon’s mind. Jon never said anything about it. Bobby says he put bricks on James’s head. He says it was to stop the blood coming out. Turner asks how that would stop the blood coming out. Bobby says he never said it was a plaster. Turner asks if Bobby couldn’t have helped James. Bobby says, no, you ask some silly questions don’t you.

The dry run finishes with Bobby emerging from behind his tissues, cockily asserting that the shoes they showed in court weren’t his. The only shoes he’s got with D rings are Doc Martens.

Bobby would not be giving evidence.

*

It took another four days to complete the playing of the interviews to the court. First Bobby’s, then Jon’s. There was no point in playing Bobby’s last three tapes, because they had added nothing to his version of events. A précis of them was read out in court.

Jon’s interviews were also edited, but his hysterical crying was still very much in evidence, and was noticeably affecting to many people in court.

Bobby seemed affected by Jon’s statement, in his first interview, that Bobby was like a girl because he played with dolls. Bobby gave Jon a long hard look. Later in Jon’s interviews he described how Bobby had said that they should get a kid lost so he’d go in the road and get knocked over. Jon said he had told Bobby that was a very bad thing to do. He said Bobby had replied, no it isn’t. When the tape played Bobby’s alleged words – no it isn’t – Jon looked guiltily in Bobby’s direction. It was probably just one more lie, among so many, from both boys.

The Crown seemed anxious to disprove Bobby’s claim that he and Jon had taken James onto the railway line at City Broo and not, as Jon had
claimed, at the end of the entry, opposite the police station on Walton Lane. A police officer was called into the box at the beginning of the third week of the trial. He had been down to City Road bridge at the weekend, and tried to get over the fence onto the railway embankment. He had his picture taken doing it, just so that the court could see how treacherous it was, and how implausible it was that the boys could have got on to the railway at that point.

It was hard to see why this mattered so much, except to highlight yet another lie from Bobby, or a truth from Jon. Most kids in Walton would have said that City Broo was an easy way onto the line. The bent fencing there was some testimony to its frequent use. David Turner and the police officer became quite fractious with each other, as Turner tried, with no great success, to undermine the officer’s evidence.