Part Sixteen
An immediate ripple ran round the gallery of spectators as Dr. Waugh took the stand. He was a popular figure at Larkhall as a doctor who would actually listen to what he zealously called the patients who were there to be treated. All the prisoners had been heartily glad to see the back of Dr. No No who contemptuously brushed aside what he saw as cons who were bodies cluttering up his waiting room.
"What is Dr Waugh doing? Does he really want to help throw that poor girl to the sharks?" "He should be thoroughly ashamed of himself, Roisin. I did think better of him," Was Babs disgusted verdict.
"We don't know the full story," Karen half turned and leaned over to speak quietly in Babs' ear. "It's more than likely that being the Senior Medical Officer, the CPS would be quick off the mark to snap him up as an expert witness once Lauren arrived in Larkhall. He may have no choice but to testify." Nikki was silent with shock and white faced as the very well known, tousle haired man, casually dressed, holding an untidy sheaf of papers took his place confidently in the witness box for Neumann Mason-Alan to weave his testimony in to the main body of the trial.
"Dr. Waugh, for the benefit of the court, will you state your present occupation, how long you have worked in your present employment and how you came to be involved in giving evidence." "I am the Senior Medical Officer at Larkhall Prison where I have practised for the last year. When Miss Atkins was admitted to Larkhall, she came under my care as a routine matter and I was requested to provide a detailed psychiatric report in connection with the alleged crime in question at the request of the CPS." "What is the range of your duties?" "Well, in a closed environment like Larkhall I have experience of treating the normal physical ailments but from time to time, the matters I come up against are psychological problems." "Do you have any special expertise in the medical field? Can you describe your previous employment and anything in it which enabled you to develop any expertise?" "Well, my basic training and experience is that of a General Practitioner. More recently, I went on to specialise in psychiatric consultancy work before a chance reference by a colleague known to me, Dr. Margaret Richards caused me to deal with one specific case at Larkhall. Shortly afterwards, I took up permanent employment when the previous incumbent left his job." Dr. Waugh exuded an air of total confidence and it was plain to see that he was no newcomer to public speaking.
"If I might turn to the bundle of evidence, I would direct the court to Exhibit 3A which I ask you, Dr. Waugh, to confirm is your report." "It is indeed, sir."" The report ran as follows:
Lauren Atkins: psychiatric report
Name: Lauren Atkins. Case Number: 240073. Date: 21/04/04. Attending Psychiatrist: Dr. Thomas Waugh.
I was asked, by request of the court via council for the prosecution in the case of the crown versus Atkins, Neumann Mason-Alan QC, to examine Miss Lauren Atkins. In performing this statutory duty, I was invited to pay particular attention to Lauren Atkins' state of mind when discussing and/or alluding to the death of her victim, Mr. James Fenner, a former principle officer of Her Majesty's Prison Larkhall. In compiling the results of my examination of Miss Lauren Atkins, I will endeavour to focus on three specific points of speculation. These will be as follows: her thoughts and reasoning as to her actions on and prior to the fifth of October 2003; her distinct and possibly severe lack of closure with regards to the death of her brother, Ritchie Atkins, on the 29th of August 2003; and finally, her general demeanour with regards to a serious breech of the law, such as the one with which she is charged.
To begin with, I have talked at length to Miss Lauren Atkins, on the subject of the undoubtedly premeditated and brutal attack on Principle Officer James Fenner. There can never be any doubt whatsoever, that Lauren Atkins did perpetrate this crime. Indeed, Miss Atkins has herself on a number of occasions, admitted her direct involvement with James Fenner's demise, both to myself and to her fellow inmates. It may even be fair to suggest that Miss Atkins has not only openly admitted her sole involvement with James Fenner's death, but that she has been known to brag about this event, and has undoubtedly been held in high regard by her fellow inmates for her participation in the death of one of their officers. Lauren Atkins has shown little if any remorse for her actions, even though they resulted in a man's death. James Fenner was after all, someone she barely knew. Her only known encounters with Principle Officer Fenner were on the few occasions when she visited her mother, Yvonne Atkins, when Mrs. Atkins was herself an inmate of Larkhall prison. I fail to see any direct causal link between Lauren Atkins and James Fenner, which could possibly have led to her killing him in such a brutal and inhumane fashion. Quite why she felt it necessary to put James Fenner through the severe torture of paralysing him by a bullet through the spine, and then to bury him alive, I couldn't possibly begin to estimate. When asked why she deemed it acceptable to carry out the necessary stalking, abducting and eventual killing of James Fenner, Lauren Atkins simply replied that it was something that needed to be done. Lauren Atkins does not, in my professional opinion, feel a single ounce of guilt for what she has done, except for the worry and concern she has caused both her mother and her close friends by putting them through such an ordeal. Also in my opinion, Lauren Atkins has a definite, extremely secure reason for having killed James Fenner, one, which she has chosen not to share with either myself, or the prison officers who have charge of her. It would have undoubtedly taken an enormous amount of planning and forethought to carry out this crime, faculties, which I believe would not be entirely, present in a person of unsound mind.
With regards to the death of her brother, Ritchie Atkins, who killed himself by drug overdose on the 29th of August 2003, after receiving a custodial sentence, it has become clear to me, during the course of my dealings with Lauren Atkins, that she has not begun to deal with her feelings concerning her brother's death, and that she has not been able to achieve any form of closure regarding this tragic event. For example, whenever Miss Atkins is encouraged or prompted to talk about her brother's death, she will either exhibit a level of anger which, if not handled correctly has the potential to become violent, and extreme bouts of grief and depression. Lauren Atkins will not, in any instance, discuss the circumstances of her brother's death voluntarily. I would severely discourage anyone from attempting to question her on this subject within a formal, legal setting such as a courtroom.
Finally, if I am to make any assessment as to Lauren Atkins' attitude with regards to the issue of breaking the law, I must inevitably refer to the matter of her being an Atkins. This, as any member of the jury will gather, means that for the whole of her life, she has been exposed to the circumstances surrounding serious law breaking, and that she has almost certainly been brought up with the ethos governing the principles of organised crime. However, putting these facts aside, as it would be somewhat unfair to place Lauren Atkins merely by assumption and association in to the category of those who break the law on a regular basis, it can be ascertained by way of a simple conversation with Miss Atkins, that crime, in particular drug dealing and other forms of organised crime, are clearly a way of life she has known for many a year. Lauren Atkins may claim that she has left this life behind, but I feel that all one needs to ask her, is where did she obtain the firearm with which she injured James Fenner, in order to realise that she does not live as far from this life of crime as she thinks she does.
In conclusion, I have examined Miss Lauren Atkins, in accordance with the court's request. I have attempted to categorise my findings in to three areas: that of her thoughts and feelings on the subject of James Fenner's murder; her hitherto unresolved grief at her brother's untimely suicide; and her general attitude with regards to a serious breech of the law. I was further invited to assess whether or not the event of her brother's death may have affected her state of mind severely enough to make her innocent of James Fenner's murder by virtue of diminished responsibility. I cannot by any means endorse this possibility. Whilst there can be no doubt that the event of her brother's suicide has greatly affected her, I do not feel that this alone gives Miss Lauren Atkins sufficient excuse for stalking, abducting and killing someone she barely knew. This course of action would have required a degree of mental capacity, which a person of unsound mind would almost certainly not be capable of maintaining over a prolonged period such as the time it would have taken to achieve such an end. In my professional opinion, Lauren Atkins is simply seeking a loophole with which to bypass the law, and to avoid the custodial sentence, which, if she is found guilty, would be the mandatory punishment bestowed on her.
"What the hell has that guy been saying about Lauren?" Nikki asked in irritated tones. She had been on the outside quite long enough, being used to demanding and getting as of right everything that her sense of justice and forceful personality felt that she was entitled to. "We could do with a copy of the bundle of papers and follow what's going on down there." George laughed. She herself was starting to chafe at being without the familiar set of papers and felt as naked as if she were at a social gathering without makeup.
"For the first time in my life, I'm sitting in a courtroom and relying entirely on Jo Mills to bat for us. I somehow don't think that I can prize a spare set of papers from the judge for our personal use. We'll have to wait and hear what happens." "In your report, you lay particular emphasis on the enormous amount of planning that went into the perpetration of this brutal crime. In your clinical experience, is there any possibility that someone who could be described as not responsible for her actions could commit such a crime?" "Absolutely not. Where the means of carrying out the crime are planned over a sustained period of time with such precision, then such a personality is, within its own terms, what could be loosely described as 'highly together.' An indication of focussed thinking is the way she said that 'it was a necessary course of action.' The words clearly describe a large element of forethought." "You would agree, Dr. Waugh, that the defendant's history has been of a cold blooded violent and dangerous criminal." Neumann Mason-Alan's normally deep, ponderous tones, started to take the first steps to climb to an eventual theatrical crescendo when a totally furious Jo Mills jumped up.
"Objection, my Lord. My learned friend has exceeded his usual style of leading the witness to the extent of putting words into the mouth of the witness." "I allow the objection. Mr. Mason-Alan, you really have not progressed in all the time you have been here before me, in fact quite the opposite. I direct that your last words be struck from the record." John's voice was so pitched as to slice through the barrister in tones of icy contempt and total authority, which John projected with all his force of personality to bring the barrister to order.
"Jesus, I wouldn't have liked to be up for adjudication before a screw like him when I was at Larkhall and I'd done something wrong," Nikki's hushed words were underlined heavily by deep respect.
"You should try rowing with him, Nikki," George grinned. "I did for years when I was married to him." "Your very first words to me, Nikki, when you were down the block and I foolishly entered the cell were 'well, as long as you piss off when I ask you, frankly I couldn't give a toss," Karen said dryly, raising an eyebrow at Nikki who was pretending to be Miss Innocent.
"I'd just had a row with Helen, what did you expect?" Nikki grinned back sheepishly.
John's eye flickered up at the gallery as even their quiet voices could just be heard in the dead silence while Mr. Neumann Mason-Alan licked his lips and shuffled his papers to collect his thoughts. When he led off again, the occasional higher registers could be heard like a badly blown trumpet.
"My apologies, my lord. Dr. Waugh, I shall rephrase the question. Can you describe the defendant's general attitude to the law and also any influences that her family upbringing may have had on her." "……may have had? That is an insinuation if you like. Oh well, Jo, let that one go if you must," echoed George's scornful critical voice, slightly loudly and ending on a tolerant note.
"The defendant's family upbringing has played a very decisive part in her attitude to the law. Put briefly, she has been brought up to believe that to achieve your ends through criminal means is absolutely no bar to acting in a particular manner. She refers to such matters in a completely matter of fact manner as if it were the most natural way of behaving. Even from a cursory examination, it is deeply embedded in her character." "One moment," John interrupted, his impatience and his insatiable curiosity outrunning the slow moving way the court proceedings trundled along. "You say in your report that 'Lauren Atkins may claim that she has left this life behind, but I feel that all one needs to ask her, is where did she obtain the firearm with which she injured James Fenner, in order to realise that she does not live as far from this life of crime as she thinks she does.' Did she or didn't she make such a claim?" John's sharply pointed question flustered Dr. Waugh in the delivery of his words which, up till then, was smooth and persuasive.
"Er, I admit that I cannot recall those words from the defendant. I was making an observation to anticipate a line of argument which the defendant may make in court." "In other words, it was not a matter of fact and I direct that those words be disregarded." A flicker of annoyance passed over Jo's face as she saw that John was up to his old tricks. "Might I be allowed to carry on with examining the witness?" came the long-suffering voice from the other end of the long bench.
John's head turned fractionally to face him and blinked as if taken by surprise.
"Yes, carry on." "Can you clarify for the court the defendant's manner when the matter of her dead brother Ritchie was brought up?" John winced at the indelicate way the question was phrased but let it go. "I talked to the defendant at some length as she is fairly articulate and forthcoming but never once did she refer to her late brother. I did broach the subject in a tactful enough manner and an extraordinary change took place in her manner. It was as if I had triggered off a time bomb. Her manner was vitriolic and contemptuous to the extreme indicating a callous denial of him as a human being let alone a brother with whom she had grown up. She expressed an intense wish to write him out of her life as if he had never existed. I found her reaction very disturbing." "You mean, you found yourself feeling threatened by her? You felt that if you said just one wrong word and she might physically attack you? Such a reaction would be quite understandable from your description of the woman who you describe as 'having been known to brag about this event, and has undoubtedly been held in high regard by her fellow inmates for her participation in the death of one of their officers,'" jumped in Mr. Neumann Mason-Alan eagerly.
"My lord, I object most emphatically against the prejudicial remarks by my learned friend. Another leading question is immediately followed by hearsay evidence attributed to the defendant in a conversation with an unnamed prisoner. This precludes the ability of the court to test its reliability or otherwise," Jo ended on a heavy sarcastic note sliding up and down the scales in a manner that George noted very approvingly.
John was inwardly vexed at the way that Jo Mills encroached on his position as judge, stealing some of his best lines, but that was as nothing compared to the towering rage that was building up inside him. "I cannot say that in all good conscience that I felt in anyway threatened. I must be allowed to explain myself in my own words," protested Dr. Waugh. He was beginning to be irritated by the way this barrister was trying to twist his words and constrained at this framework of conversation for idiots. Left to himself, he felt that a short, simple address by him would cover all the points that he thought worth making. However, he wasn't going to get that chance. John's pent up fury broke loose like a dam at the moment that the steep wall caved in.
"Mr. Mason-Alan, you are putting me in the position that, in the words of Mr Justice Roskill that I shall have to assume a more inquisitorial role in order to secure a fair verdict if your utterly shambolic conduct of your case continues. I have advised the gallery that I would not tolerate audience participation as their conduct in a past trial proved to be somewhat lively. Instead, I find their conduct exemplary …………….." and at this point, all the women assumed a misleadingly virginal look of innocence at being so flattered"…………whereas you are in danger of being subject to the most extreme penalty that I could impose on an errant barrister. Now, are there any more questions that you care to ask the witness and pray let it be short, sharp and relevant or do I take over?" "I have no more questions, My Lord," He sank back onto his bench and felt like sinking through the floor.
"Dr. Waugh, I can understand why you would wish to address the court in your own terms but a simple address, though no doubt, very fluent would not serve the course of justice as the defence council would be deprived of the opportunity of asking questions and probing to the heart of the matter. I trust you understand," John's sonorous voice smoothed over the emotional backwash of colliding emotions.
Jo Mills was already up on her feet with an agility that spoke of someone chained up for long, being suddenly set free. Her opening remarks were greeted by a sharp glance from John in her direction.
"That is just the point I was going to make. There are questions that I have to ask you of your report partly in terms of questions you have left unanswered and certain inconsistencies that must be explored." Dr. Waugh nodded anxiously, feeling that his accustomed authority was about to slide out of his hands. He was acutely aware that the work that he had slaved over was going to come under searching critical scrutiny which his life's experience had not prepared him for.
"Can you explain why you found the defendant both aggressive and subject to extreme bouts of grief and depression as your report does not explain why she should react that way?" "I can only refer you to the sentence immediately before then when I have stated that the defendant has not begun to deal with her feelings over her brother's death and has not begun to achieve any closure on the event." "In other words, the contradictory feelings exhibited by the defendant may be a surface reaction to something deeper. Can you explain what that might be?" "Sadly, I am unable to offer any further enlightenment as it was as much as I was able to achieve to discuss these matters with her as far as we did." "If such a personality behaved in what I would regrettably call a dysfunctional manner, would this not have been a pattern of her personality in the events leading up to and including the death of Mr. Fenner and is this not inconsistent with your view that she behaved in a calm, controlled fashion in allegedly planning this event." "I suppose it could be the case." "It has been claimed that the defendant has a violent personality. Do you agree with this, Dr. Waugh?" "It is possible that a combination of factors ranging from her family upbringing and her own personality would produce such a tendency. As she has never denied taking the life of Mr. Fenner, then I have to conclude that she is certainly capable of violence." "I offer in evidence item 3K in the bundle of evidence, the defendant's prison record for the past year. As you can see, her record is exemplary which would suggest at the least, the defendant is capable of a considerable level of self-restraint. Is not this a reasonable conclusion to arrive at from your year's experience as an SMO in Larkhall." "I admit that there may be some truth in what you say." "I offer in evidence item 1D, the empty Remmington cartridge case that was found at the scene of where the body of James Fenner was found. If the prosecution is able to prove that the cartridge case is from a gun used by the defendant, do you not agree that this utterly contradicts the point of view urged on you that the defendant has a calculating criminal mind. As you quite rightly observed 'Where the means of carrying out the crime are planned over a sustained period of time with such precision, then such a personality is, within its own terms, what could be loosely described as 'highly together.' If the defendant is as calculated a killer and has been steeped in criminal behaviour for most of her life as you suggest, why would she make such an elementary and fatal mistake as to leave evidence behind?
"She could have made a mistake in the heat of the moment. Your amateur psychology is simply polarising personality types into stock characters," Stammered Dr. Waugh becoming very anxious as this woman was steamrollering her way over the report.
"I put it to you that your report is flawed as you have been regretfully unable to resolve the contradictions in its content. You are saying either that the defendant has a calculating criminal mind as a result of which she planned the taking of Mr. Fenner's life in a like manner or else that there were instabilities and mental conflicts in the mind of the defendant which makes such a smooth correlation far less likely. Of the two possibilities, which possibility do you now think is the more likely?" Jo's smooth restrained questioning technique uncoiled itself as she probed and exposed the weaknesses in Dr. Waugh's report that he had only just now realised were there.
"Again, I would back my clinical experience that the 'either' 'or' alternatives that you are posing are over simplistic," Dr. Waugh's precise earnest tones recovered something of their assurance but the way his eyes shifted about betrayed how trapped he felt.
"So it could be a bit of both or a bit of everything like a casserole with no defining flavour," Jo's voice took on a dangerous sarcastic edge. "Which means that the defendant could have any personality you care to name with no connection with any predisposition to criminal behaviour, does it not?" Dr. Waugh was silent. His mind refused to form words and his tongue was unable to speak. "Let us move on. When you refer to the defendant as being held in high regard for taking the life of Mr, Fenner, did this not suggest to you that the deceased man was perhaps not held in high regard. In fact is it not possible that he was totally loathed and despised by the inmates." Dr. Waugh's mouth hung slightly open and his mind froze. He could not get out of his mind the vision of that sneering, evil face and the jibes he had made that his then beloved had been 'screwing Wade for months' and that she had left as it had finally threatened to 'come out, so to speak.' The fact that he knew instinctively that the man was telling the truth did not get away from his feelings of outrage that this evil man had deliberately told him to make trouble between him and Helen. In fact, the two streams of anger converged in one churning turbulence of rising anger that made him hit that man right on the nose with all the force of his anger. The last image he had was of the bastard, slumped on the floor, blood trickling down from his nose and the evil smile parted his lips as he said, "Struck a chord, doctor?" Dr. Waugh mopped his brow as the horrible memories came back to him and that tearing feeling of loss ran through him again when he knew in that split second that his life was not going to be with that beautiful charismatic woman who had come along to rescue him from his loneliness, not after the way he had been betrayed before.
"It is possible. Now I come to think of it, it is very possible that the inmates felt about Mr. Fenner in the way you indicate. I should have provided for that possibility." Mr. Neumann Mason-Alan's heart sunk as his key witness in which he had placed such hopes, was letting him down hand over fist.
"In the brief period of time that you were acquainted, exactly what impression did you form of Mr. Fenner?" John's languid voice cut in with the lightning quick thrust of the duellist.
"Damn the man," Jo muttered under her breath. "That's exactly the question I was going to ask." "Someone I knew described him at the time as a misogynist bastard. I would not say that that is an entirely inaccurate description of the man," Dr. Waugh suddenly spoke boldly, the links on the chains on his mind at last being broken apart by the repeated verbal blows on the anvil. "I would finally like to ask you how many times you interviewed the defendant to compile the report," Jo asked gently.
"Only once," Dr. Waugh said shortly.
"Is that usual in your experience? Was there any reason why you chose to base your report on just the one examination?" "I'll be absolutely frank. My preference and past experience is of not less than two sessions, possibly three but I was ordered to limit it to one as the CPS were pressing for an early trial and I was assured that they had every confidence in my work and they had every confidence in me. I agreed not without misgivings." "In other words, to put it in slang, they gave you a load of flannel," John's hard tones echoed round the court chamber and he fixed a penetrating gaze on Sir Ian and Lawrence James, sitting up in the top row of the gallery.
"You do know, Dr. Waugh, that the defendant is someone who does not lightly place her trust in people and may be reluctant to confide in you on the basis of just the one session. That may explain why your report, though carried out with all the best intentions, only tells half the story." "I..I.. I …leave that for the court to decide," Stammered Dr Waugh for the first time in his life. He couldn't wait to get out of the witness box.
"I have no more questions for the doctor," Finished Jo. Her mouth was dry and she felt drained after preparing to take on in cross-examination someone whom she regarded as a professional in his field as much as she was in hers. She had feared that she would have a rougher ride than she did and it was only his honesty that held him back. She could not in conscience give way to petty malicious glee and get a kick out of grinding the psychiatrist down into the dust.
"Do you wish to re-examine the witness, Mr. Mason Alan?" At the emphatic shake of his head to Dr. Waugh's relief, John intoned the formula to declare close of play.
"Court is adjourned."
The women at the front of the gallery filed out with mixed emotions. They took comfort that Jo Mills had done so well in the exchanges so far but the clinical depiction of Lauren's chaotic and troubled state of mind collided violently with their memories of that period as they had lived through what Lauren was like. The exception was Babs but then again, the contrast between her blissful life and being plunged back into the darkness of Larkhall was hard on her spirit.
Nikki was the last to walk down the flight of steps when she spotted Dr. Waugh. She would have thought that he would have made a rapid exit but the uncertain and wavering path that he trod betrayed the stress that he had been under. He was the last person that Nikki wanted to meet as old memories died not at all. Competing with her sudden uprush of anger was a burning curiosity to find out why he had acted as he did.
"Dr. Waugh, did you really believe the report that you wrote?" His eyes focussed sightlessly until automatic thinking shaped the words that came wearily out of his mouth. "Well, I did when I wrote it but not when I was being cross-examined by the defence barrister." "You really hated Fenner, didn't you," Nikki asked quietly, her anger switched off in a second and real respect in her eyes. He had passed her test.
"Yeah, just as much as the rest of you did. If you'll excuse me, I want to head off for home and get drunk. You're with Helen, aren't you." It was more of a flat statement than a question that Dr. Waugh finished up with. "Yeah, I am." "Tell Helen from me, no hard feelings. Everything that happens, happens for a reason even if you don't know it at the time." He smiled briefly and made his way out of the court, and was gone.
Nikki let all feelings drain out of her body in her tiredness. She saw that the others had gone on ahead and chased after them.
It was only in John's chambers that he could let loose his pent up fury at Neumann Mason-Alan. Fortunately, his rapid pacing back and forth in his chambers in a peculiar diagonal pattern took some of the anger out of his system. Regrettably for the waste paper basket, he took a kick at it and sent it flying.
"Judge," protested Coope, "only Mrs. Channing gets you in this sort of a state.
"I know," groaned John. "I thought that I only had that fatuous idiot Mason-Alan to deal with. This is going to be such fun," John sighed, casting his eyes to the heavens and reaching for the mug of tea Coope had placed on his desk. "could you ask Mrs. Mills to join me?" He asked after taking a mouthful. Neumann Mason-Alan he could deal with in court, but Jo was a different matter altogether.
An immediate ripple ran round the gallery of spectators as Dr. Waugh took the stand. He was a popular figure at Larkhall as a doctor who would actually listen to what he zealously called the patients who were there to be treated. All the prisoners had been heartily glad to see the back of Dr. No No who contemptuously brushed aside what he saw as cons who were bodies cluttering up his waiting room.
"What is Dr Waugh doing? Does he really want to help throw that poor girl to the sharks?" "He should be thoroughly ashamed of himself, Roisin. I did think better of him," Was Babs disgusted verdict.
"We don't know the full story," Karen half turned and leaned over to speak quietly in Babs' ear. "It's more than likely that being the Senior Medical Officer, the CPS would be quick off the mark to snap him up as an expert witness once Lauren arrived in Larkhall. He may have no choice but to testify." Nikki was silent with shock and white faced as the very well known, tousle haired man, casually dressed, holding an untidy sheaf of papers took his place confidently in the witness box for Neumann Mason-Alan to weave his testimony in to the main body of the trial.
"Dr. Waugh, for the benefit of the court, will you state your present occupation, how long you have worked in your present employment and how you came to be involved in giving evidence." "I am the Senior Medical Officer at Larkhall Prison where I have practised for the last year. When Miss Atkins was admitted to Larkhall, she came under my care as a routine matter and I was requested to provide a detailed psychiatric report in connection with the alleged crime in question at the request of the CPS." "What is the range of your duties?" "Well, in a closed environment like Larkhall I have experience of treating the normal physical ailments but from time to time, the matters I come up against are psychological problems." "Do you have any special expertise in the medical field? Can you describe your previous employment and anything in it which enabled you to develop any expertise?" "Well, my basic training and experience is that of a General Practitioner. More recently, I went on to specialise in psychiatric consultancy work before a chance reference by a colleague known to me, Dr. Margaret Richards caused me to deal with one specific case at Larkhall. Shortly afterwards, I took up permanent employment when the previous incumbent left his job." Dr. Waugh exuded an air of total confidence and it was plain to see that he was no newcomer to public speaking.
"If I might turn to the bundle of evidence, I would direct the court to Exhibit 3A which I ask you, Dr. Waugh, to confirm is your report." "It is indeed, sir."" The report ran as follows:
Lauren Atkins: psychiatric report
Name: Lauren Atkins. Case Number: 240073. Date: 21/04/04. Attending Psychiatrist: Dr. Thomas Waugh.
I was asked, by request of the court via council for the prosecution in the case of the crown versus Atkins, Neumann Mason-Alan QC, to examine Miss Lauren Atkins. In performing this statutory duty, I was invited to pay particular attention to Lauren Atkins' state of mind when discussing and/or alluding to the death of her victim, Mr. James Fenner, a former principle officer of Her Majesty's Prison Larkhall. In compiling the results of my examination of Miss Lauren Atkins, I will endeavour to focus on three specific points of speculation. These will be as follows: her thoughts and reasoning as to her actions on and prior to the fifth of October 2003; her distinct and possibly severe lack of closure with regards to the death of her brother, Ritchie Atkins, on the 29th of August 2003; and finally, her general demeanour with regards to a serious breech of the law, such as the one with which she is charged.
To begin with, I have talked at length to Miss Lauren Atkins, on the subject of the undoubtedly premeditated and brutal attack on Principle Officer James Fenner. There can never be any doubt whatsoever, that Lauren Atkins did perpetrate this crime. Indeed, Miss Atkins has herself on a number of occasions, admitted her direct involvement with James Fenner's demise, both to myself and to her fellow inmates. It may even be fair to suggest that Miss Atkins has not only openly admitted her sole involvement with James Fenner's death, but that she has been known to brag about this event, and has undoubtedly been held in high regard by her fellow inmates for her participation in the death of one of their officers. Lauren Atkins has shown little if any remorse for her actions, even though they resulted in a man's death. James Fenner was after all, someone she barely knew. Her only known encounters with Principle Officer Fenner were on the few occasions when she visited her mother, Yvonne Atkins, when Mrs. Atkins was herself an inmate of Larkhall prison. I fail to see any direct causal link between Lauren Atkins and James Fenner, which could possibly have led to her killing him in such a brutal and inhumane fashion. Quite why she felt it necessary to put James Fenner through the severe torture of paralysing him by a bullet through the spine, and then to bury him alive, I couldn't possibly begin to estimate. When asked why she deemed it acceptable to carry out the necessary stalking, abducting and eventual killing of James Fenner, Lauren Atkins simply replied that it was something that needed to be done. Lauren Atkins does not, in my professional opinion, feel a single ounce of guilt for what she has done, except for the worry and concern she has caused both her mother and her close friends by putting them through such an ordeal. Also in my opinion, Lauren Atkins has a definite, extremely secure reason for having killed James Fenner, one, which she has chosen not to share with either myself, or the prison officers who have charge of her. It would have undoubtedly taken an enormous amount of planning and forethought to carry out this crime, faculties, which I believe would not be entirely, present in a person of unsound mind.
With regards to the death of her brother, Ritchie Atkins, who killed himself by drug overdose on the 29th of August 2003, after receiving a custodial sentence, it has become clear to me, during the course of my dealings with Lauren Atkins, that she has not begun to deal with her feelings concerning her brother's death, and that she has not been able to achieve any form of closure regarding this tragic event. For example, whenever Miss Atkins is encouraged or prompted to talk about her brother's death, she will either exhibit a level of anger which, if not handled correctly has the potential to become violent, and extreme bouts of grief and depression. Lauren Atkins will not, in any instance, discuss the circumstances of her brother's death voluntarily. I would severely discourage anyone from attempting to question her on this subject within a formal, legal setting such as a courtroom.
Finally, if I am to make any assessment as to Lauren Atkins' attitude with regards to the issue of breaking the law, I must inevitably refer to the matter of her being an Atkins. This, as any member of the jury will gather, means that for the whole of her life, she has been exposed to the circumstances surrounding serious law breaking, and that she has almost certainly been brought up with the ethos governing the principles of organised crime. However, putting these facts aside, as it would be somewhat unfair to place Lauren Atkins merely by assumption and association in to the category of those who break the law on a regular basis, it can be ascertained by way of a simple conversation with Miss Atkins, that crime, in particular drug dealing and other forms of organised crime, are clearly a way of life she has known for many a year. Lauren Atkins may claim that she has left this life behind, but I feel that all one needs to ask her, is where did she obtain the firearm with which she injured James Fenner, in order to realise that she does not live as far from this life of crime as she thinks she does.
In conclusion, I have examined Miss Lauren Atkins, in accordance with the court's request. I have attempted to categorise my findings in to three areas: that of her thoughts and feelings on the subject of James Fenner's murder; her hitherto unresolved grief at her brother's untimely suicide; and her general attitude with regards to a serious breech of the law. I was further invited to assess whether or not the event of her brother's death may have affected her state of mind severely enough to make her innocent of James Fenner's murder by virtue of diminished responsibility. I cannot by any means endorse this possibility. Whilst there can be no doubt that the event of her brother's suicide has greatly affected her, I do not feel that this alone gives Miss Lauren Atkins sufficient excuse for stalking, abducting and killing someone she barely knew. This course of action would have required a degree of mental capacity, which a person of unsound mind would almost certainly not be capable of maintaining over a prolonged period such as the time it would have taken to achieve such an end. In my professional opinion, Lauren Atkins is simply seeking a loophole with which to bypass the law, and to avoid the custodial sentence, which, if she is found guilty, would be the mandatory punishment bestowed on her.
"What the hell has that guy been saying about Lauren?" Nikki asked in irritated tones. She had been on the outside quite long enough, being used to demanding and getting as of right everything that her sense of justice and forceful personality felt that she was entitled to. "We could do with a copy of the bundle of papers and follow what's going on down there." George laughed. She herself was starting to chafe at being without the familiar set of papers and felt as naked as if she were at a social gathering without makeup.
"For the first time in my life, I'm sitting in a courtroom and relying entirely on Jo Mills to bat for us. I somehow don't think that I can prize a spare set of papers from the judge for our personal use. We'll have to wait and hear what happens." "In your report, you lay particular emphasis on the enormous amount of planning that went into the perpetration of this brutal crime. In your clinical experience, is there any possibility that someone who could be described as not responsible for her actions could commit such a crime?" "Absolutely not. Where the means of carrying out the crime are planned over a sustained period of time with such precision, then such a personality is, within its own terms, what could be loosely described as 'highly together.' An indication of focussed thinking is the way she said that 'it was a necessary course of action.' The words clearly describe a large element of forethought." "You would agree, Dr. Waugh, that the defendant's history has been of a cold blooded violent and dangerous criminal." Neumann Mason-Alan's normally deep, ponderous tones, started to take the first steps to climb to an eventual theatrical crescendo when a totally furious Jo Mills jumped up.
"Objection, my Lord. My learned friend has exceeded his usual style of leading the witness to the extent of putting words into the mouth of the witness." "I allow the objection. Mr. Mason-Alan, you really have not progressed in all the time you have been here before me, in fact quite the opposite. I direct that your last words be struck from the record." John's voice was so pitched as to slice through the barrister in tones of icy contempt and total authority, which John projected with all his force of personality to bring the barrister to order.
"Jesus, I wouldn't have liked to be up for adjudication before a screw like him when I was at Larkhall and I'd done something wrong," Nikki's hushed words were underlined heavily by deep respect.
"You should try rowing with him, Nikki," George grinned. "I did for years when I was married to him." "Your very first words to me, Nikki, when you were down the block and I foolishly entered the cell were 'well, as long as you piss off when I ask you, frankly I couldn't give a toss," Karen said dryly, raising an eyebrow at Nikki who was pretending to be Miss Innocent.
"I'd just had a row with Helen, what did you expect?" Nikki grinned back sheepishly.
John's eye flickered up at the gallery as even their quiet voices could just be heard in the dead silence while Mr. Neumann Mason-Alan licked his lips and shuffled his papers to collect his thoughts. When he led off again, the occasional higher registers could be heard like a badly blown trumpet.
"My apologies, my lord. Dr. Waugh, I shall rephrase the question. Can you describe the defendant's general attitude to the law and also any influences that her family upbringing may have had on her." "……may have had? That is an insinuation if you like. Oh well, Jo, let that one go if you must," echoed George's scornful critical voice, slightly loudly and ending on a tolerant note.
"The defendant's family upbringing has played a very decisive part in her attitude to the law. Put briefly, she has been brought up to believe that to achieve your ends through criminal means is absolutely no bar to acting in a particular manner. She refers to such matters in a completely matter of fact manner as if it were the most natural way of behaving. Even from a cursory examination, it is deeply embedded in her character." "One moment," John interrupted, his impatience and his insatiable curiosity outrunning the slow moving way the court proceedings trundled along. "You say in your report that 'Lauren Atkins may claim that she has left this life behind, but I feel that all one needs to ask her, is where did she obtain the firearm with which she injured James Fenner, in order to realise that she does not live as far from this life of crime as she thinks she does.' Did she or didn't she make such a claim?" John's sharply pointed question flustered Dr. Waugh in the delivery of his words which, up till then, was smooth and persuasive.
"Er, I admit that I cannot recall those words from the defendant. I was making an observation to anticipate a line of argument which the defendant may make in court." "In other words, it was not a matter of fact and I direct that those words be disregarded." A flicker of annoyance passed over Jo's face as she saw that John was up to his old tricks. "Might I be allowed to carry on with examining the witness?" came the long-suffering voice from the other end of the long bench.
John's head turned fractionally to face him and blinked as if taken by surprise.
"Yes, carry on." "Can you clarify for the court the defendant's manner when the matter of her dead brother Ritchie was brought up?" John winced at the indelicate way the question was phrased but let it go. "I talked to the defendant at some length as she is fairly articulate and forthcoming but never once did she refer to her late brother. I did broach the subject in a tactful enough manner and an extraordinary change took place in her manner. It was as if I had triggered off a time bomb. Her manner was vitriolic and contemptuous to the extreme indicating a callous denial of him as a human being let alone a brother with whom she had grown up. She expressed an intense wish to write him out of her life as if he had never existed. I found her reaction very disturbing." "You mean, you found yourself feeling threatened by her? You felt that if you said just one wrong word and she might physically attack you? Such a reaction would be quite understandable from your description of the woman who you describe as 'having been known to brag about this event, and has undoubtedly been held in high regard by her fellow inmates for her participation in the death of one of their officers,'" jumped in Mr. Neumann Mason-Alan eagerly.
"My lord, I object most emphatically against the prejudicial remarks by my learned friend. Another leading question is immediately followed by hearsay evidence attributed to the defendant in a conversation with an unnamed prisoner. This precludes the ability of the court to test its reliability or otherwise," Jo ended on a heavy sarcastic note sliding up and down the scales in a manner that George noted very approvingly.
John was inwardly vexed at the way that Jo Mills encroached on his position as judge, stealing some of his best lines, but that was as nothing compared to the towering rage that was building up inside him. "I cannot say that in all good conscience that I felt in anyway threatened. I must be allowed to explain myself in my own words," protested Dr. Waugh. He was beginning to be irritated by the way this barrister was trying to twist his words and constrained at this framework of conversation for idiots. Left to himself, he felt that a short, simple address by him would cover all the points that he thought worth making. However, he wasn't going to get that chance. John's pent up fury broke loose like a dam at the moment that the steep wall caved in.
"Mr. Mason-Alan, you are putting me in the position that, in the words of Mr Justice Roskill that I shall have to assume a more inquisitorial role in order to secure a fair verdict if your utterly shambolic conduct of your case continues. I have advised the gallery that I would not tolerate audience participation as their conduct in a past trial proved to be somewhat lively. Instead, I find their conduct exemplary …………….." and at this point, all the women assumed a misleadingly virginal look of innocence at being so flattered"…………whereas you are in danger of being subject to the most extreme penalty that I could impose on an errant barrister. Now, are there any more questions that you care to ask the witness and pray let it be short, sharp and relevant or do I take over?" "I have no more questions, My Lord," He sank back onto his bench and felt like sinking through the floor.
"Dr. Waugh, I can understand why you would wish to address the court in your own terms but a simple address, though no doubt, very fluent would not serve the course of justice as the defence council would be deprived of the opportunity of asking questions and probing to the heart of the matter. I trust you understand," John's sonorous voice smoothed over the emotional backwash of colliding emotions.
Jo Mills was already up on her feet with an agility that spoke of someone chained up for long, being suddenly set free. Her opening remarks were greeted by a sharp glance from John in her direction.
"That is just the point I was going to make. There are questions that I have to ask you of your report partly in terms of questions you have left unanswered and certain inconsistencies that must be explored." Dr. Waugh nodded anxiously, feeling that his accustomed authority was about to slide out of his hands. He was acutely aware that the work that he had slaved over was going to come under searching critical scrutiny which his life's experience had not prepared him for.
"Can you explain why you found the defendant both aggressive and subject to extreme bouts of grief and depression as your report does not explain why she should react that way?" "I can only refer you to the sentence immediately before then when I have stated that the defendant has not begun to deal with her feelings over her brother's death and has not begun to achieve any closure on the event." "In other words, the contradictory feelings exhibited by the defendant may be a surface reaction to something deeper. Can you explain what that might be?" "Sadly, I am unable to offer any further enlightenment as it was as much as I was able to achieve to discuss these matters with her as far as we did." "If such a personality behaved in what I would regrettably call a dysfunctional manner, would this not have been a pattern of her personality in the events leading up to and including the death of Mr. Fenner and is this not inconsistent with your view that she behaved in a calm, controlled fashion in allegedly planning this event." "I suppose it could be the case." "It has been claimed that the defendant has a violent personality. Do you agree with this, Dr. Waugh?" "It is possible that a combination of factors ranging from her family upbringing and her own personality would produce such a tendency. As she has never denied taking the life of Mr. Fenner, then I have to conclude that she is certainly capable of violence." "I offer in evidence item 3K in the bundle of evidence, the defendant's prison record for the past year. As you can see, her record is exemplary which would suggest at the least, the defendant is capable of a considerable level of self-restraint. Is not this a reasonable conclusion to arrive at from your year's experience as an SMO in Larkhall." "I admit that there may be some truth in what you say." "I offer in evidence item 1D, the empty Remmington cartridge case that was found at the scene of where the body of James Fenner was found. If the prosecution is able to prove that the cartridge case is from a gun used by the defendant, do you not agree that this utterly contradicts the point of view urged on you that the defendant has a calculating criminal mind. As you quite rightly observed 'Where the means of carrying out the crime are planned over a sustained period of time with such precision, then such a personality is, within its own terms, what could be loosely described as 'highly together.' If the defendant is as calculated a killer and has been steeped in criminal behaviour for most of her life as you suggest, why would she make such an elementary and fatal mistake as to leave evidence behind?
"She could have made a mistake in the heat of the moment. Your amateur psychology is simply polarising personality types into stock characters," Stammered Dr. Waugh becoming very anxious as this woman was steamrollering her way over the report.
"I put it to you that your report is flawed as you have been regretfully unable to resolve the contradictions in its content. You are saying either that the defendant has a calculating criminal mind as a result of which she planned the taking of Mr. Fenner's life in a like manner or else that there were instabilities and mental conflicts in the mind of the defendant which makes such a smooth correlation far less likely. Of the two possibilities, which possibility do you now think is the more likely?" Jo's smooth restrained questioning technique uncoiled itself as she probed and exposed the weaknesses in Dr. Waugh's report that he had only just now realised were there.
"Again, I would back my clinical experience that the 'either' 'or' alternatives that you are posing are over simplistic," Dr. Waugh's precise earnest tones recovered something of their assurance but the way his eyes shifted about betrayed how trapped he felt.
"So it could be a bit of both or a bit of everything like a casserole with no defining flavour," Jo's voice took on a dangerous sarcastic edge. "Which means that the defendant could have any personality you care to name with no connection with any predisposition to criminal behaviour, does it not?" Dr. Waugh was silent. His mind refused to form words and his tongue was unable to speak. "Let us move on. When you refer to the defendant as being held in high regard for taking the life of Mr, Fenner, did this not suggest to you that the deceased man was perhaps not held in high regard. In fact is it not possible that he was totally loathed and despised by the inmates." Dr. Waugh's mouth hung slightly open and his mind froze. He could not get out of his mind the vision of that sneering, evil face and the jibes he had made that his then beloved had been 'screwing Wade for months' and that she had left as it had finally threatened to 'come out, so to speak.' The fact that he knew instinctively that the man was telling the truth did not get away from his feelings of outrage that this evil man had deliberately told him to make trouble between him and Helen. In fact, the two streams of anger converged in one churning turbulence of rising anger that made him hit that man right on the nose with all the force of his anger. The last image he had was of the bastard, slumped on the floor, blood trickling down from his nose and the evil smile parted his lips as he said, "Struck a chord, doctor?" Dr. Waugh mopped his brow as the horrible memories came back to him and that tearing feeling of loss ran through him again when he knew in that split second that his life was not going to be with that beautiful charismatic woman who had come along to rescue him from his loneliness, not after the way he had been betrayed before.
"It is possible. Now I come to think of it, it is very possible that the inmates felt about Mr. Fenner in the way you indicate. I should have provided for that possibility." Mr. Neumann Mason-Alan's heart sunk as his key witness in which he had placed such hopes, was letting him down hand over fist.
"In the brief period of time that you were acquainted, exactly what impression did you form of Mr. Fenner?" John's languid voice cut in with the lightning quick thrust of the duellist.
"Damn the man," Jo muttered under her breath. "That's exactly the question I was going to ask." "Someone I knew described him at the time as a misogynist bastard. I would not say that that is an entirely inaccurate description of the man," Dr. Waugh suddenly spoke boldly, the links on the chains on his mind at last being broken apart by the repeated verbal blows on the anvil. "I would finally like to ask you how many times you interviewed the defendant to compile the report," Jo asked gently.
"Only once," Dr. Waugh said shortly.
"Is that usual in your experience? Was there any reason why you chose to base your report on just the one examination?" "I'll be absolutely frank. My preference and past experience is of not less than two sessions, possibly three but I was ordered to limit it to one as the CPS were pressing for an early trial and I was assured that they had every confidence in my work and they had every confidence in me. I agreed not without misgivings." "In other words, to put it in slang, they gave you a load of flannel," John's hard tones echoed round the court chamber and he fixed a penetrating gaze on Sir Ian and Lawrence James, sitting up in the top row of the gallery.
"You do know, Dr. Waugh, that the defendant is someone who does not lightly place her trust in people and may be reluctant to confide in you on the basis of just the one session. That may explain why your report, though carried out with all the best intentions, only tells half the story." "I..I.. I …leave that for the court to decide," Stammered Dr Waugh for the first time in his life. He couldn't wait to get out of the witness box.
"I have no more questions for the doctor," Finished Jo. Her mouth was dry and she felt drained after preparing to take on in cross-examination someone whom she regarded as a professional in his field as much as she was in hers. She had feared that she would have a rougher ride than she did and it was only his honesty that held him back. She could not in conscience give way to petty malicious glee and get a kick out of grinding the psychiatrist down into the dust.
"Do you wish to re-examine the witness, Mr. Mason Alan?" At the emphatic shake of his head to Dr. Waugh's relief, John intoned the formula to declare close of play.
"Court is adjourned."
The women at the front of the gallery filed out with mixed emotions. They took comfort that Jo Mills had done so well in the exchanges so far but the clinical depiction of Lauren's chaotic and troubled state of mind collided violently with their memories of that period as they had lived through what Lauren was like. The exception was Babs but then again, the contrast between her blissful life and being plunged back into the darkness of Larkhall was hard on her spirit.
Nikki was the last to walk down the flight of steps when she spotted Dr. Waugh. She would have thought that he would have made a rapid exit but the uncertain and wavering path that he trod betrayed the stress that he had been under. He was the last person that Nikki wanted to meet as old memories died not at all. Competing with her sudden uprush of anger was a burning curiosity to find out why he had acted as he did.
"Dr. Waugh, did you really believe the report that you wrote?" His eyes focussed sightlessly until automatic thinking shaped the words that came wearily out of his mouth. "Well, I did when I wrote it but not when I was being cross-examined by the defence barrister." "You really hated Fenner, didn't you," Nikki asked quietly, her anger switched off in a second and real respect in her eyes. He had passed her test.
"Yeah, just as much as the rest of you did. If you'll excuse me, I want to head off for home and get drunk. You're with Helen, aren't you." It was more of a flat statement than a question that Dr. Waugh finished up with. "Yeah, I am." "Tell Helen from me, no hard feelings. Everything that happens, happens for a reason even if you don't know it at the time." He smiled briefly and made his way out of the court, and was gone.
Nikki let all feelings drain out of her body in her tiredness. She saw that the others had gone on ahead and chased after them.
It was only in John's chambers that he could let loose his pent up fury at Neumann Mason-Alan. Fortunately, his rapid pacing back and forth in his chambers in a peculiar diagonal pattern took some of the anger out of his system. Regrettably for the waste paper basket, he took a kick at it and sent it flying.
"Judge," protested Coope, "only Mrs. Channing gets you in this sort of a state.
"I know," groaned John. "I thought that I only had that fatuous idiot Mason-Alan to deal with. This is going to be such fun," John sighed, casting his eyes to the heavens and reaching for the mug of tea Coope had placed on his desk. "could you ask Mrs. Mills to join me?" He asked after taking a mouthful. Neumann Mason-Alan he could deal with in court, but Jo was a different matter altogether.