Scene Twenty-Eight
By contrast, Donald Frobisher rose to his feet in an unaccustomed hurry to refute Jo Mills' arguments before the appeal court judges could be swayed by such spurious sophistries. His preferred style was languid self-assurance. Sir Ian and Lawrence James couldn't wait for their man to pull out all the stops and blow away all this spurious bleeding heart liberal stuff. By contrast, the three women in the gallery clutched nervously at the rail running round the balcony.
"My Lords, I would urge caution in considering the central line of argument. My learned colleague is turning this hearing into a one sided trial, in absentia, of DC Gossard for alleged rape when he is unable to give evidence for himself. The proper course for an appeal is to consider the death of DC Gossard. The facts are indisputable and haven't been disputed that he was unlawfully killed at the hands of the woman you see before you, Nicola Wade in 'a most vicious manner' as even the original court of appeal put it.
I submit that this is more productive than pursuing the 'might have beens' or 'could have beens' as my learned colleague has sought to do. Indeed, the counsel at the original court of appeal hearing hinted at the actual guilt of the appellant in stating that she 'reacted, perhaps over reacted.' I would direct your lordships to the contemporaneous statement made by Ms Nicola Wade at the time of the killing. It shows that there were no ifs or buts about the matter and the wanton disregard for the due process of law. Instead of Ms Wade being regarded as a 'have a go hero', I would suggest that she acted as a one woman vigilante, and one that was acting entirely outside the due process of law. There is no place in a civilized society justice for judge, jury and executioner to roam the lands at large.
In item 3 in the bundle of evidence, Ms Wade said as follows. 'I stuck what was left of the broken bottle in his neck. He fell to his knees; he was trying to hold the blood in with his hands. I could tell straightaway he didn't have a chance. There was a hell of a lot of blood. I didn't regret a single drop of it. He tried asking me to help him, stupid bastard. I phoned the police then. While we waited, I told him why I stabbed him. He knew anyway; course he did, but I told him anyway. He tried to rape Trisha, and you lot were never going to do anything about it, were you? He was one of yours, a copper, and I'm glad the bastard's dead." These words were said in the full knowledge of Ms Wade in the presence of the two examining policemen. No one is seriously suggesting that somehow words were put in her mouth."
Trisha turned white with anger as this pompous man who was trying to rubbish everything that she and Nikki had gone through.
"I can't sit still any longer. I want to tell the bloody court what really went on."
"Sit down Trisha," Helen said in a low key but forceful fashion as Trisha made to stand up." You won't be doing any good to disrupt the court proceedings." Although Helen pulled at Trisha's sleeve, she understood and felt her rage.
"The appeal reduces itself to utter absurdity in arguing that there are absolutely no consequences that should be visited upon the wanton killing of a policeman with that most vicious of instruments, a broken bottle. We operate under the public eye, in the spotlight of public opinion. It would create the most dangerous precedent imaginable.
I freely admit that I have my own certain reservations about the original judgment, not least that for some reason, Ms Wade was never called upon to give evidence. Perhaps it might be that she had something to hide and that she had boxed herself sufficiently into a corner not to risk her coming under closer scrutiny. The original appeal court exercised a degree of understandable mercy but, to quote a famous phrase, 'here we stand and we should move no further.'
The final question I want to ask is why on earth a policeman, a heterosexual male should be in the slightest way sexually interested in a lesbian, a woman who he might reasonably not take the slightest notice of. For all we know, the supposed victim might have been wearing dungarees and boots and be utterly unattractive to a normal male."
Donald Frobisher lounged back against the rail, a smug expression on his face as he rounded into his conclusion. Up in the gallery, Trisha gesticulated to herself, keeping quiet under Helen's watchful eye. John Deed saw what was going on, whispered briefly to Joseph Channing who nodded agreement.
"I can see that you want to attract the attention of the court to some vital point. Could you tell us your name and what point you are trying to make," John called out.
"Go for it Trisha," hissed Helen forcefully. Her decisive nature knew as it knew nothing else that this was their golden opportunity.
"I am Trisha Williams. I used to run the club with Nikki Wade. As you can see, it's obvious why DC Gossard got totally the wrong idea about me."
"Could you please stand up for the benefit of the court?"
Trisha Williams, you are amazing, Nikki thought, her body shivering in sudden relief after that dreadful verbal assault on her.
This is weird, thought Trisha. I've never in my life posed to be looked over by three men, let alone judges. I'm not entering a straight beauty contest for all the tea in China. She saw Nikki's eyes shining up at her and Sally Anne Howe's expression, urging her to carry on. She stood up, feeling a total fool but reconciled herself to the necessity of it. After all, Nikki, Helen and Sally Anne were all for it.
"You can sit down. I must thank you for your help," John said graciously." Please continue, Mr. Frobisher."
"I repeat my earlier point that a three year sentence for manslaughter, operating retrospectively is a right and proper one. I urge your lordships to reject this appeal," Donald Frobisher concluded curtly, somewhat red faced and spotting out of the corner of his eye Jo Mills and Claire Walker grinning at him.
There was a pause in the proceedings while the three judges conferred with each other. Both sides had fired their broadsides and this was the part of the proceedings where Jo Mills was not sure what was going to happen next. The three judges might make a statement that they would retire behind the scenes and emerge to announce their verdict or alternatively, adjourn to deliberate on their own and deliver a written judgment. Jo didn't even want to consider the possibility of Nikki's life going on hold for days, maybe weeks and that possibility had given her the occasional sleepless night. She thought that there was a definite third possibility and that was that Nikki would be called as a witness for questioning. She knew John of old and it was perfectly in line with John's insatiable desire for both knowledge and justice. She discounted the fact that he was a junior partner of the tribunal, as she knew above all how persuasive John was. All two trials had taken place effectively in Nikki's absence except for that ill-advised statement. She had never broached this possibility to her and made a judgment that this very strong woman would have the presence of mind to rise to the occasion if it came to it. All this would be very likely to be put to the test.
"We are of the unanimous conclusion there has been one key witness whose evidence has never been put before any court of law. We are fortunate to have that witness before us, I mean Nicola Wade," Joseph Channing pronounced.
It was as if a current of high voltage of electricity ran through Nikki. The next second, it felt as if the words were unreal, as if she had dreamed them. The next moment, a small bible was offered to her left hand while a white card was offered to her right. Her nerveless fingers just about grasped them without dropping them.
"You mean me," stammered Nikki. She looked beseechingly upwards at the three judges who towered above her, tall though she was.
"You are the one person whose testimony has never been heard. It doesn't seem right to me that your life is dissected and analysed without input from you. Regrettably, Trisha Williams is excluded from being called as a witness as notice has not been served to transform her from a visitor to a witness. You are not in that situation. I must emphasize that we aren't here to prosecute. We just have that impulse to get at the truth." John Deed explained softly.
Nikki was on the point of hyperventilating when she heard those words that were such a fundamental part of her nature and called out to her very soul. The man's blue eyes seemed to sparkle and his smile reassured her. She looked over to Jo and Claire whose gaze implored her to take courage, then to Helen's loving presence and Trisha's and Sally Anne's friendship. All at once, her nerves steadied, her mind became calm, analytical, the way she reacted in any crisis. She grasped the book and card more firmly and uttered the required words as her warming up routine for taking the stage.
