"Mrs. Baxter, can you please state your age, your responsibility within the Metropolitan Police force and how long you have undertaken them?"
"I am aged 55, and I am the head of Human Resources in the Metropolitan Police forces, one of the largest and busiest areas within the police force as a whole. I have been in charge ever since I stepped into my predecessor's shoes on July 1st 1991."
"What are your responsibilities towards the average serving officer who works for your organization?"
"We are responsible for issuing strict guidelines for every single facet of the life of the average police officer, from rates of overtime payable, marriage leave down to the fine detail of police uniform. The average policeman or woman might feel that they are operating in an environment without rhyme or reason. Believe me, our word operated through the line of management command, perhaps without knowledge as to who are the original authors of them. That doesn't matter, because the substance of the culture that the average police officer adheres to does matter."
"And what is your attitude to inappropriate behaviour, both external and internal."
"We have an absolute zero toleration of inappropriate behaviour of all kinds. We are firmly opposed to homophobia, xenophobia, discrimination against men and women likewise. More than anything else, we are absolutely committed to rooting out any suggestion of inappropriate behaviour between colleagues. If we are expected to be the exemplars of good behaviour within the wider community, we must be doing everything we can to ensure the same within the police force itself. We have long since had a realistic and achievable business strategy for achieving these goals and to unsure their maintenance."
"Excuse us while we go outside and throw up," muttered Sally Anne and Trisha.
"This is disgusting. I'll join you outside," chipped in Helen, as the spectacle was revoltingly reminiscent of Larkhall.
"Why waste good food? She'll get her comeuppance when George has her turn," Nikki dryly observed while John smiled.
"How long have these policies been in effect, Mrs. Baxter?"
"It took only the first six months of my tenure to be given absolute assurance that these policies were being adhered to."
"So let me turn your attention to the original complaint made by Ms Howe dated April 16th 1996. It is item P4 in your bundle. Do you recall the investigation?"
"I do indeed."
"What was the response of your department when you first received the complaint and the charge?"
"Naturally, the investigating officers interviewed Ms Howe at length. They operated within the strictest guidelines on handling sensitive matters. They also interviewed DC Gossard at length. He gave assurances that he did not know who Ms Howe was. The normal forensic examination took place and the case was reviewed when the results came out. When evidence was received that Ms Howe had engaged in sexual intercourse with DC Gossard, he was reinterviewed and he explained that he must have made a mistake. He explained that he had had a painful and problematic relationship with Ms Howe that had terminated very unpleasantly. He apologized for his mistake and explained that he had wanted to keep the matter quiet, as he had had hopes of reconciling with his wife. It is the policy of the Metropolitan not to drive a wedge between serving police officers and their spouses and, in view of his exemplary record and that the Metropolitan Police force is a very busy one, we were inclined to accept his word on the matter. It was a judgment call and we think we made the right one."
"It's funny when people use expressions like 'judgment call', it is only a puffed up version of 'I think.' I've seen her kind before," sneered Helen derisively under her breath.
"What do you say to Ms Howe's allegation that DC Gossard and a number of his colleagues threatened her with being forced out of her job if she went ahead with the charge?""As you can see," Mrs. Baxter said in the most amused patronizing terms imaginable, "There's absolutely nothing about it in her complaint. Surely as a one time serving police officer, she would have featured it then or in her letter of withdrawal? To the best of my knowledge, I cannot recall such a complaint."
"How can you be sure that your memory doesn't play you false?"
"The average police officer has a better than average grasp of the value of factual evidence. As head of the personnel department, I have made it my business to 'know the staff' that I am responsible for and consequently, I have a very large and retentive memory. The details of the Ms Howe case came back immediately to mind when your solicitor first asked me. The picture is as clear as a summer's day."
"What was your reaction when Ms Howe finally withdrew her charges and what action did you take?"
"To be honest, I wasn't the least surprised. Ms Howe hadn't earned herself a sound reputation and it was entirely in keeping with her record that she withdrew her charges."
"I know all about 'sound reputations', John," observed Helen bitterly to John.
"Finally, Mrs. Baxter, do you see yourself in any way responsible for Ms Howe's misfortunes and if not, why?"
"I can't help feeling sorry for someone who's gone down in the world after leaving the police force but, as a whole, the metropolitan police are entirely blameless. All procedures were in place and were correctly applied from start to end."
George Channing couldn't wait to wipe the smile off the face of this smug woman. She stood up straightaway, leaned one hand on the rail and started her attack.
"You say that you know the staff for whose welfare you bear direct responsibility bearing a duty of care under the Health and Safety Act. Can you please explain what is the basis of your knowledge?"
"As I have explained, I have profession qualifications and have long experience in the police force."
"That's not the answer to the question I asked. How would you set about knowing any one officer in the entire metropolis sight from Stepney Green to Greenwich."
"Different officers have reputations. We keep our ears to the ground."
"Reputation? What is a reputation? How is a reputation formed?"
"By the name they build up for themselves. By how they perform their job and the periodic reports."
"And how often are these reports obtained? Who writes them? How much input does the reportee have on it and is the contents known to the police officer?"
"Once a year," Mrs. Baxter admitted in lowered tones. "The line manager writes them and talks to the reportee who gets the gist of what he or she is thought of."
"So this sketchy, flimsy record which the reportee may or may not know the contents of is dependent on the objectivity of the reporting officer with little recourse to put right any inaccuracies. Is that not so?"
"That's your opinion."
"Do you often meet many of those who you claim to know so well?"
"Only by accident. We prefer to stay at arms length from local managers so as not to inhibit them."
"I put it to you that your supposed expertise and knowledge of the people is nothing more than a self protective bubble of utter complacency while the real world goes on elsewhere. It is possible that such noble and worthy policies exist in the sanctity of your cushioned and comfortable environment twenty stories up some plush office block. What I argue is that there is major systemic deceit so that misogynist, bullying attitudes ran rampant through Larkhall police station as my client described all too vividly this morning. Everyone colludes in this deceit and no one asks questions, except such a victim as my client was."
John was thrilled at how George launched into the attack. He was proud of her.
"I say again that you are entitled to your opinions."
"Let's consideryour interesting explanation of the differences between DC Gossard's original statement when, to quote my learned counsel Marian Chambers in Regina versus Nicola Wade part 1, 'the results came through proving this to be a downright lie, he signed a statement that they were in a consensual relationship."
Nikki looked around with an embarrassed smile. She had simply no idea that her two appeals had the sort of fame that they would be quoted in legal precedents in court hearings. She simply had no idea that what had taken place would resonate down the years. Helen squeezed her hand, knowing exactly what Nikki was thinking.
"That means you, sweetheart," she whispered.
"Let's consider DC Gossard's badly spotted history. What is of fascinating interest is how the same policeman really gets about, the late DC Gossard." George drawled, a look of menace in her eyes and a broad smile of triumph on her face, as if she were a gambler ready to pull out her high cards to lay down on the table. She paused deliberately long enough to rattle her opponent.
"I refer to the Appeal Court case Regina versus Nicola Wade Part 1 where evidence was accepted by Judge Huntley that 'There was a clear failure of the police to disclose material evidence to the defence that a year before DC Gossard died, his wife left him, citing mental and physical cruelty as her reasons.' This finding was found in the Appeal Court. Perhaps you can explain this failure seeing that, in your own words, you 'have a very large and retentive memory."
"Mrs. Channing, might I interrupt you, please," Monty called out from above her head, leaving George open mouthed, which covered up for Mrs. Baxter's silence."There is an important point that needs to be considered. Did the Metropolitan Police merely neglect to advise the court dealing with the killing of DC Gossard of his past or did they give out active disinformation?"George's mouth dropped open in horror. This was the one point she never thought to properly pursue.
"It so happens that I took the liberty of obtaining all three court files and if I turn to a letter in the original court papers I see a letter dated September 13th 1996, signed by Mrs. Jean Baxter where, I quote, 'As far as I am aware, DC Gossard has an exemplary work record and is a respected member of the police force.' I think that this clears up the point, doesn't it."
George grinned openly in triumph while Mrs. Baxter's heart sank into her boots, knowing that this dangerous woman was about to continue the onslaught."I refer your lordship toitem MG1 in the bundle of evidence dated August 30th 1995, a year and a quarter after Sally Anne Howe starts working at Larkhall police station. This is the heart-rending letter you sent to DC Gossard's separated wife. There isn't much that needs saying about it. It is obviously your handiwork….."
"…..It's obvious as I signed it…." snapped Mrs. Baxter petulantly.
"That's not what I was getting at. There is the same rose tinted view of DC Gossard, the same refusal to acknowledge that DC Gossard's wife might be telling the truth about his physical and mental cruelty. I refer your lordship to item MG2 in the bundle of papers that the basis of the divorce was physical and mental cruelty. While I would concede that the date of the divorce obviously postdates the letter sent by you to Mrs. Gossard, I put it to you that the facts underlying the later divorce should have been known by you. It all smacks of, at the very least, the same professional negligence. Looks like a pattern, doesn't it."
George looked up at Monty who indicated to George with his forefinger to carry on. She drew breath before carrying onwards to batter her way through the tissue of lies. She felt that she was on the home stretch after an exhausting race. Her mouth was feeling dry and she swallowed a mouthful of water down. She was starting to feel tired but the intensity of emotion provided the adrenaline thrust that propelled her ever onwards.
"I refer to Part 2 of the same case which considered character evidence given by DC Gossard's colleagues that his character was such that he could not have tried to rape Ms Williams. This was overturned by both appeal court hearings. In other words, the whole system of flawed appraisal systems and 'Chinese whispers' was shown in a criminal court of the highest level, to be a tissue of fabrication."
"Are you attacking my integrity?" spluttered Mrs. Baxter, red in the face at what she took to be an insinuated charge against her.
"Not necessarily so, Mrs. Baxter. Do not unnecessarily accuse yourself. There are two alternatives, one that you took an active part in this cover up, which verges on the criminal. In this case, you are guilty of colluding with forcing my client to resign under pressure and covering up the rape that took place. The alternative is that you are simply and consistently negligent, deceiving yourself and closing your ears and eyes as to what was happening on your watch, and that you utterly failed in your duty of care to my client as a serving policewoman in the Metropolitan Police."
"It was also accepted at both hearings that the original police investigation into the causes of the death of D C Gossard did not accept that he was trying to rape Ms Trisha Williams. Once again, the consensus opinion upon which you are reliant upon is so wide of the mark. As to who should be believed, in the first case, you have a wife who was divorced on grounds of mental and physical cruelty in a court of law against her husband, the supposed paragon of virtue. In the second case, you have the same policeman on the one hand and my client on the other. In the third case you have two women's evidence as opposed to one policeman who admittedly was unable to give his own account of events but his colleagues and you, Mrs. Baxter, spoke on his behalf and misled the court. What is the one factor in common? Why DC Gossard? And what have we here but a head of personnel whose main qualification is that of reality denial if not active collusion in this tragic catalogue of abuses. After all, you know all the police officers on your watch," George concluded with a heavy sneer for final effect.
.
She paused in this oration as she glimpsed the shining eyes of the row of women in the gallery as she tightly pulled the strings of the case together. Now she knew how Jo Mills felt in one of her cases. In that second, she felt mild feelings of regret for her sarcastic jibes at her over the years. This was washed away by the thought that she was spiritually Jo Mills' sister but in her own way. Her voice just carried her through to conclude in a rather hoarse tone of voice.
"I trust that you have no doubt as to where the truth lies and where the deceit exists.
No one can take away my client's sufferings over the years but I urge that the case is found in favour of my client and punitive damages exacted to give her the only recompense possible and to ensure that nobody else has to go through what my client has gone through."
George sank back onto her seat with almost a curtsey. She had put on the performance of a lifetime and was overcome with the intensity of emotion at what she had conjured up.
"Do you wish to ask Mrs. Baxter any questions?" Monty intoned. Donald Frobisher shook his head silently. Once again, he had been beaten. It was thirty love against him.
"I will take this lunchtime to consider my verdict," Monty proclaimed in confident ringing tones with a twinkle in his eye. "I am confident that when I return, I will be in the position to give a decision. Court is adjourned."The four women immediately made their way to the nearest pub while John made a discreet exit to his chambers to have a quick look through his in tray. Sally was flanked by all three women who understood the tension that she was under while the case awaited judgment. Sally eagerly asked the others just how she had come over and they reassured her that she looked more composed than she might have felt. The lunchtime raced by at an express pace until Helen checked her watch and indicated that it was time to return to court. Trisha's arm circled Sally Anne's shoulders as her legs were like jelly and hardly carried her up the flight of steps. John smiled his greetings to them and took his place, as did Lawrence James and Sir Ian. Only Gill was conspicuous by her absence, which was taken as a good omen. Every pair of eyes was fixed on Monty Everard as he stood up, cleared his throat and started to speak.
********
" I have considered the evidence at great length and in announcing my verdict. I feel it is in order to explain my reasonings. The onus of proof in a civil case is on balance of probabilities, in other words that it is more probable than it is not that such a proposition is found to be based in fact. Both sides of the case must be considered and the arguments, both for and against must be carefully weighed. This is a different standard of proof from a criminal case where the burden of proof on the state in taking criminal prosecution is 'beyond all reasonable doubt.
I am quite positive that in DC Gossard, there is a rotten apple in the Metropolitan Police force. I accept the very clear and persuasive evidence of Miss Howe, when placed in conjunction with the circumstances of his death. I had the honour to sit in judgment along with my two worthy fellow judges at the second court of appeal hearing. I have also taken account of whether or not innocent mistakes did or did not happen. As has been said on numerous occasions, no one is perfect. I would be loath to suggest that there was deliberate error where a simple 'one off' mistake took place. When this is repeated, this level of explicability is more difficult to sustain. For these reasons, I would look somewhat askance at 'two off' mistakes. Where there are 'three, four or five off mistakes' involved, simple neglect would become progressively unsustainable. On the contrary, it starts to build a pattern of a systematic cover up.
However, these events all date from September 13th 1996 onwards from the letter I quoted from. The critical events of Miss Howe's ill starred period of service with the Metropolitan Police force are April 1994 when she joined the police force, April 14th 1996 when she was sexually assaulted and to July 31st 1996 when she left it. At that point, DC Gossard was a policeman and not the stuff of the front page of the tabloids. What is instructive are the circumstances and time sequence leading up to DC Gossard's separation and divorce and I am compelled to conclude that the Metropolitan police through Mrs. Baxter willfully blinded itself as to the abuses that went on at Larkhall Police station. The much harder test is whether there was deliberate collusion in covering up these abuses and, at the point in question, I have to conclude on balance of probability that it did not. However, I am inclined to take a very severe line with such negligence in the scale of the punitive level damages that I intend to impose. In doing so, I am mindful that the average citizen is dependent on the police force being first on the scene where crime is committed and that its work should not be undermined. I am also mindful that Miss Sally Anne Howe was a member of this very police force and that, if she had had the proper support that she deserves, she would still be pursuing a career in the force. For these reasons, I order that the Metropolitan Police force pay Miss Howe a sum of ninety thousand pounds in compensation for her mental distress and interruption of her earning power."
The front row of the visitor's gallery openly showed their delight in cheering at the verdict while John grinned openly and his tacit support for them made him an honorary member of their club, no doubt about it. Monty's clear open expression warmed her inside and her friends with a gentle glow of justice. Trisha flung her arms round her in joyous exaltation round Sally's neck while Nikki, the other side of her, stroked her shoulder and Helen openly clapped loudly.
"I can't believe it," Sally murmured blissfully into Trisha's ear. Every part of her body was suffused by an inner glow of satisfaction.
"Well, this is how justice feels like, babes," came the soft reply.
Nikki and Helen smiled on fondly as Sally Anne's incredible fortune was theirs as well. That was how the sisterhood operated. Helen who sat next to John saw the twinkle in his eye and the looks he exchanged with Monty. Sir Ian and Lawrence James shot out of the courtroom to relay the news to the Home Office while Mrs. Baxter scuttled out of the back door of the courtroom.
"Excuse me but I have to leave you," John said courteously. "The gentlemen of the press will be swarming around I ought to keep out of the spotlight for once in my life. I'm going to keep Monty Everard company."
"Have a drink on us, John," Nikki called out cheerily.
"You'll all be in our thoughts, don't worry."
The six women filed out of the back door and made their way down the staircase when Sally Anne who led the way was brought up short by a sight that was forever branded on her mind. She looked down open mouthed at Mrs Baxter who was trapped in the crowded foyer, that normally smart suited powerful woman who held the strings on so many police officers who worked for the Metropolitan Police. She had looked so strong and confident when she first went into court and now she looked shrunken diminished by that very kindly judge. By contrast she and her friends stood on the curved staircase and held the strategic advantage.