“Why
was it that, within six months of returning to a ‘civilised’ country, I was
threatened at a local bus stop by a gang of youths? Why is it that, as a law
abiding citizen, I would fear for my life walking around the back streets of
London? Why was it that, when I lived in an ‘uncivilised’ country for six
years, there was not one single occasion when I was remotely threatened by
anyone? Why was I able to walk around the back streets of Riyadh without a
worry in the world?”
Graham Tomlin, Northwich, Cheshire, Daily Telegraph, September 25, 1997
Background: The following takes place in a Britain where contemporary history has taken a slightly
different course. After the Chillenden Murders of July 9, 1996, Stone was still
arrested as in the real world, although DCI Stevens was taken off the inquiry
due to illness, and replaced by DCI Nathan Brooks, a detective who had
masterminded a massive drug bust which had resulted in twelve men receiving
lengthy prison sentences, all of which were subsequently quashed when it was
revealed that the entire operation had been incited by a supergrass, who turned
out to be an undercover police officer.
In November 1997, the Queen abdicated in favour of Prince Charles hoping to lift
him out of his depression following the death of Diana, Princess of Wales in
Paris on August 31, 1997. Stone was arrested for robbery on July 16, 1997 and
subsequently charged with the Chillenden Murders. He was convicted at Maidstone
Crown Court on October 23, 1998 on the evidence of three disputed prison
confessions, after which Barry Thompson went to the national press and admitted
that he had invented the confession the accused had allegedly made to him. Stone’s
lawyers launched an immediate appeal. In the meantime, King Charles announced
that he had converted to Islam.
At a snap election in January 2001 – caused by a financial scandal in Whitehall –
Charles, ignoring protocol, threw his weight behind the revitalised Islamic
Party of Britain. The Party swept into power, and David Musa Pidcock became
Prime Minister, at once instituting a hybrid form of Sharia Law. Usury was
abolished, and although alcohol was not banned, it could only be sold, and
consumed, on licenced premises. People who wanted to drink alcohol at home had
to brew it themselves. Homosexual acts and behaviour were totally banned except
in private homes.
So-called
investment banking was abolished, and debts became unenforceable in law. The
Stock Exchange was also abolished along with speculating in commodities by
licenced brokers. People who wanted to buy stocks and shares or invest in
companies had to trade via the government-run Shares And Commodities Exchange.
The government would match buyers and sellers, and charge a tiny commission for
the transaction, a process which took fourteen days to eliminate arbitrage,
speculation and rip offs.
All
laws against incitement and scores of trivial offences were repealed; the
Christian blasphemy law was replaced by a law forbidding the denigration of the
Prophet Muhammad, but most laws concerning serious crimes remained unchanged,
although the sentencing règime was altered radically.
Both
corporal punishment and capital punishment were reintroduced, and the sentences
carried out in public. The death penalty was mandatory for murder – with an
automatic right of appeal – and for crimes of extreme depravity such as serial
rape and multiple woundings with guns or knives. By the end of the year the
murder rate had dropped by seventy percent, reported rapes by 95%, and,
following the public whipping of a gang of shoplifters in Manchester the
following June, burglary and credit card fraud all but disappeared from the
crime statistics. Seven thousand police officers and two thousand government
lawyers and administrative staff were subsequently made redundant.
The
new government’s anti-crime drive was as much carrot as stick. Recognising the
major cause of poverty and crime as the inability of many unskilled people to
earn a living wage in a highly advanced technological society, the Cabinet
(which included the Monarch) took a bold step and instituted the Social Credit
proposals of Major Douglas. Every citizen over the age of eighteen received, as
a right, a non-means tested basic income which was payable regardless of
wealth, salary or any other considerations. This was funded by the savings made
from interest payments on the National Debt (which was abolished by Act of
Parliament) and from subsidies to the European Union after Britain withdrew.
On
January 18, 2001, Stone was granted leave to appeal his conviction; the retrial
which was to be at Nottingham Crown Court because of the deluge of publicity
was delayed until January 2002, when it was switched to the Supreme Court of
Sharia in the Strand, London – formerly the High Court.
Scene:
Court 1 – there is to be a jury of six imams; the trial is to be presided over
by three judges. The court is very large, the bench is raised considerably, law
books line the side walls, and there are a number of chairs, two desks and some
tables at the side near the front. The jury’s bench and the press box are
adjacent to one another. The press box seats about twenty, and the public
gallery – which is not raised – consists of about two hundred chairs in orderly
rows. The lawyers’ desks are at the front – the prosecution on the right facing
the court, and the defence on the left. The layout is more typical of an American
courtroom.
The
doors open, and the security personnel enter followed by the lawyers for both
the Crown and the Defence. The senior police officers who investigated the
case, DCI Brooks and two of his subordinates, sit with the three Crown
Prosecutors, as does Dr Sheridan, the chief forensic scientist.
The
public gallery fills up rapidly as does the press box. The doors are closed,
and the Usher stands in front of the bench.
Usher:
ALL RISE.
Everybody
in the Court stands, and there is a knock at the door behind the bench. It
opens, and the three judges enter. They are two middle-aged men of Arab
appearance, and a tall elderly white man – the senior judge - Lord Williams-Ali, who had converted to
Islam forty years previously. The black robed judges bow to the court and sit.
Usher:
BE SEATED.
(Everyone
else sits).
Senior
Judge: IS EVERYBODY READY?
Chief Prosecutor and Chief Defence Lawyer rising to
their feet: YES, MY LORD.
Senior
Judge: THEN IN THE NAME OF ALLAH, THE BENIFICENT, THE MOST MERCIFUL, THE
SUPREME COURT OF SHARIA OF THE UNITED KINGDOM AND NORTHERN IRELAND IS NOW IN
SESSION.
(The
judge to his left stands as the two lawyers sit down).
Judge:
GOD SAVE THE KING.
Everyone
in the Court: GOD SAVE THE KING.
(The
Usher flicks a switch, and a brass band is heard to play one verse of God Save The King. After this, the judge
sits down, and the senior judge takes over).
Judge
Williams-Ali: (Shuffling his papers) MR WALTERS, I HAD INTENDED TO DEAL WITH THIS IN THE ABSENCE OF
THE JURY, BUT HAVING GONE THROUGH THE PAPERS NO LESS THAN FOUR TIMES, I HAVE TO
SAY THAT I FEEL IT IS IN THE PUBLIC INTEREST THAT IT BE DEALT WITH BOTH IN OPEN
COURT AND IN THE PRESENCE OF THE ACCUSED.
Chief
Prosecutor (Rising to his feet): IN OPEN COURT, MY LORD?
Williams-Ali:
YES, JUSTICE MUST BE DONE AND BE SEEN TO BE DONE, AND IN THIS CASE I FEEL IT
MUST ALSO BE EXPLAINED. UNLESS YOU HAVE ANY OBJECTION?
Chief
Prosecutor (Hesitating): WELL, ERM…
The
Judge to the right, Imam Begun, speaks: WE HAVE A CONSENSUS.
Chief
Prosecutor: WELL, IN THAT CASE, I HAVE NO OBJECTION. (He sits down).
Williams-Ali:
MR SMITH?
The
Chief Defence Lawyer stands: NO OBJECTION, MY LORD. (He sits down).
Williams-Ali:
WELL, IN THAT CASE I SUGGEST WE GET THIS SHOW UNDERWAY. USHER, PLEASE BRING
FORTH THE ACCUSED.
(The
Usher bows silently, and turns and leaves the courtroom closing the door behind
him. There is an uneasy silence. The three judges confer in whispers, but no
one can make out what they are saying. The door opens outward, and the Usher
walks in. Behind him are two tall, powerfully built prison guards. In the
middle is the accused, he is wearing a traditional comic book prison uniform,
grey with black arrows and a peaked cap. The back of his jacket contains a big yellow
patch on which is emblazoned the words MURDER SUSPECT. He is both handcuffed
and manacled, and walks with some difficulty as the guards hold an arm apiece. The
Usher stands before the bench and bows. The accused and his escort draw up
behind him).
Williams-Ali:
ARE YOU MICHAEL JOHN STONE?
Stone:
YES, MY LORD.
Williams-Ali:
AND YOU HAVE BEEN IN PRISON UNCONVICTED, CONVICTED, AND NOW UNCONVICTED AGAIN
SINCE JULY 1997?
Stone:
YES, MY LORD.
Williams-Ali:
(To the Usher) REMOVE HIS SHACKLES.
(The
Usher and the guards unlock Stone’s handcuffs and manacles; Stone removes his
hat; the Usher takes away the restraints and deposits them on a table at the
side of the Court).
Williams-Ali:
HAVE YOU BEEN IN THE CELLS ALL MORNING, MR STONE?
Stone:
YES, MY LORD, SINCE EIGHT O’CLOCK.
Williams-Ali:
(Looking at his watch) AND HAVE YOU HAD ANY REFRESHMENT THIS MORNING?
Stone:
MY LORD?
Williams-Ali:
DID THEY FEED YOU?
Stone:
WE DIDN’T HAVE TIME, MY LORD.
Williams-Ali:
OH DEAR, DIDN’T THEY GIVE YOU ANY PORRIDGE?
Stone:
MY LORD?
Williams-Ali:
DID YOU EAT YOUR PORRIDGE THIS MORNING?
Stone:
NO, MY LORD.
Williams-Ali:
DEAR OH DEAR, THAT WILL NEVER DO. YOU KNOW WHAT THEY SAY, DON’T YOU?
Stone:
(Looking confused, as is everyone else in the court apart from the other two
judges, who are sitting grim-faced). NO,
MY LORD.
Imam
Begun: (Leaning forward and grinning) IF YOU DON’T EAT YOUR PORRIDGE WHEN YOU
LEAVE, YOU WILL COME BACK TO FINISH IT.
Williams-Ali:
AND WE CAN’T HAVE THAT, CAN WE?
Stone:
NO, MY LORD.
Williams-Ali:
(To the Usher): USHER, PLEASE GO TO THE CAFETERIA AND FETCH MR STONE A BOWL OF
PORRIDGE.
Usher:
(With disbelief): MY LORD?
Williams-Ali:
(Ignoring him) DO YOU LIKE YOUR PORRIDGE WITH SUGAR, SALT OR PLAIN?
Stone:
ER, I’M NOT PARTICULAR MY LORD.
Williams-Ali:
VERY WELL, MAKE THAT WITH HONEY, USHER. AND A CUP OF TEA FOR HIM, TOO.
Usher:
(Standing and staring blank faced) MY LORD?
Williams-Ali:
(Leaning forward) CHOP CHOP!
Usher:
YES, MY LORD. (He turns and scampers from the Court).
Williams-Ali:
THIS COURT WILL ADJOURN UNTIL THE ACCUSED HAS FINISHED HIS BREAKFAST. ALL RISE.
(He stands up, and so does everyone else in the room. The three judges bow to
the Court, turn and leave through the back door).
(As
they leave, a low murmur goes around the courtroom. One of Stone’s guards picks
up a chair from the side of the room, brings it over and beckons to him to sit
down. Everybody else sits down and waits
in silence for a good ten minutes until the Usher returns with a tray
containing a bowl of hot porridge and a mug of tea. As he walks towards Stone
the doors behind the bench open and another Usher walks in).
2nd
Usher: ALL RISE.
(Everyone
rises, the first Usher stops in his tracks, and the three judges enter. They
stand in front of their chairs, bow to the court, and sit. Everyone else sits
except Stone’s guards and the 1st Usher, who moves towards Stone.
The 2nd Usher leaves by the back door. The Usher sets down the tray
on a small table which one of Stone’s guards brings over from the far wall, and
Stone sits looking nervously at his impromptu meal).
Williams-Ali:
THANK YOU, USHER. (He holds out his hand).
Usher:
MY LORD?
Williams-Ali:
YOUR RECEIPT.
(Confused,
the Usher fiddles in his pocket, pulls out a small piece of paper, and
approaches the bench. Williams-Ali reaches down and takes it).
Williams-Ali:
THANK YOU. (He sits back down, removes a small blue book from his pocket, and
producing a goose quill pen and an old-fashioned bottle of ink, writes out a
memo. Then, holding up the paper and blowing it dry, he hands it back to the
Usher) TAKE THAT TO THE FEES REMISSIONS OFFICE AFTER FOUR O’CLOCK.
Usher:
(Taking it) THANK YOU, MY LORD.
(There
is a dignified silence until Stone finishes his porridge and tea).
Williams-Ali:
NOW, MR STONE, HAVE YOU FINISHED?
Stone:
YES, MY LORD. THANK YOU.
Williams-Ali:
RIGHT. GOOD.
Judge
Begun: IS EVERYBODY SITTING COMFORTABLY?
(No
one replies).
Williams-Ali:
THEN WE WILL BEGIN.
(The
Usher discreetly removes Stone’s bowl and mug, and Williams-Ali turns to the
Crown lawyer).
Williams-Ali:
MR WALTERS, YOU WISH TO PROCEED WITH THIS PROSECUTION, I TAKE IT?
Walters:
(Rising) WE ARE READY NOW, MY LORD.
Williams-Ali:
THAT WAS NOT THE QUESTION. YOU WISH TO PROCEED WITH THIS PROSECUTION?
Walters:
(Confused) YES, MY LORD.
Williams-Ali:
AND THAT IS MR BROOKS SITTING NEXT TO YOU?
Brooks:
(Rising) YES, MY LORD.
Williams-Ali:
YOU’VE PUT ON WEIGHT, MR BROOKS.
Brooks:
MY LORD?
Williams-Ali:
YOU’VE PUT ON WEIGHT SINCE THE LAST TIME WE MET.
Brooks:
I’M AFRAID I DON’T REMEMBER, MY LORD.
Williams-Ali:
I DO. IT WAS AT THE COURT OF APPEAL SIX
YEARS AGO.
Brooks:
YES, MY LORD.
Williams-Ali:
DO YOU REMEMBER THE CASE?
Brooks:
NOT IMMEDIATELY, MY LORD.
Williams-Ali:
SOMETHING YOU WOULD RATHER FORGET?
Brooks:
(Nervously) MY LORD?
Williams-Ali:
(Ignoring him and turning to the Chief Prosecutor) MR WALTERS… AND EVERYONE,
THE ACCUSED, MICHAEL JOHN STONE, WAS CONVICTED OF THE MURDERS OF DR LIN RUSSELL
AND HER DAUGHTER MEGAN RUSSELL, AND OF THE ATTEMPTED MURDER OF HER ELDEST
DAUGHTER JOSIE RUSSELL. THIS CONVICTION WAS BASED ENTIRELY ON THE EVIDENCE OF
THREE PRISON CONFESSIONS. IS THAT NOT CORRECT?
Walters:
(Standing and remaining standing) YES, MY LORD.
Williams-Ali:
AND YOU ARE AWARE, ARE YOU NOT, THAT THE SUPREME COURT OF SHARIA REQUIRES FOUR
WITNESSES, PARTICULARLY FOR A CRIME OF THIS GRAVITY?
(There
follows a pregnant silence, and a ripple of mutters goes round the courtroom.
Stone, who is still sitting at the table, looks across to the Crown Prosecutor).
Williams-Ali:
MR WALTERS?
Walters:
THERE WERE A LOT MORE THAN THREE WITNESSES, MY LORD (pause) WITH RESPECT.
Williams-Ali:
THE SHARIA COURT IS NOT INFLEXIBLE, JUSTICE MUST BE DONE AND BE SEEN TO BE
DONE, THAT MEANS JUSTICE FOR THE INNOCENT AS WELL AS FOR THE GUILTY.
Walters:
MY LORD?
Williams-Ali:
WHY DID LORD JUSTICE KENNEDY SAY THE APPEAL MUST
BE ALLOWED?
Walters:
BECAUSE IT WAS UNSAFE.
Williams-Ali:
AND IT WAS UNSAFE BECAUSE?
Walters:
BECAUSE A WITNESS RETRACTED.
Williams-Ali:
BECAUSE BARRY THOMPSON, ONE OF THESE SO-CALLED PRISON WITNESSES, WENT TO THE
PRESS AND ADMITTED HE’D TOLD A PACK OF LIES IN COURT. IS THAT NOT CORRECT?
Walters:
ER, YES MY LORD.
Williams-Ali:
AND AT THE RETRIAL, THERE WAS ONLY ONE WITNESS AGAINST THE ACCUSED. IS THAT NOT
CORRECT?
Walters:
NO, MY LORD, THAT IS NOT CORRECT. THERE WERE A LOT OF WITNESSES?
Williams-Ali:
YES, THERE WERE WITNESSES TO THE EFFECT THAT THE VICTIMS HAD BEEN MURDERED, AND
SO ON, BUT THERE WAS ONLY ONE WITNESS WHO ALLEGED HE CONFESSED. IS THAT NOT
CORRECT?
Walters:
DAMIEN DALEY, YES, MY LORD.
Williams-Ali:
A RELIABLE WITNESS OF IMPECCABLE CHARACTER I TAKE IT?
Walters:
RELIABLE, YES MY LORD.
Williams-Ali:
AND HONEST?
Walters:
WE BELIEVE HE TOLD THE TRUTH, MY LORD.
Williams-Ali:
AND THAT WAS THE ONLY EVIDENCE OF AN ALLEGED ADMISSION BY STONE TO THESE
HEINOUS CRIMES?
Walters:
YES MY LORD, BUT WE BELIEVE HE TOLD THE TRUTH.
Williams-Ali:
(Shuffling his papers) MR BROOKS, DAMIEN DALEY IS YOUR RELIABLE WITNESS, IS HE
NOT?
DCI
Brooks: (Standing) YES, MY LORD.
Williams-Ali:
AS RELIABLE AS SORENSEN IN FACT?
DCI
Brooks: S-SORENSEN?
Williams-Ali:
YES, THE UNDERCOVER POLICE OFFICER AND AGENT
PROVOCATEUR IN THE CASE YOU APPEAR
TO HAVE FORGOTTEN.
DCI
Brooks: WITH RESPECT, MY LORD, THIS IS
NOT THE SAME.
Williams-Ali:
NO MR BROOKS, IT IS NOT THE SAME. THIS IS A CAPITAL CASE, YOU ARE SUBMITTING TO
THIS COURT THAT A MAN SHOULD BE CONVICTED OF A DOUBLE MURDER AND EXECUTED ON
THE BASIS OF A CONFESSION HE IS ALLEGED TO HAVE SHOUTED THROUGH A PRISON WALL
TO A SELF-ADMITTED HABITUAL LIAR WHO ALSO HAPPENS TO BE A REGISTERED POLICE
INFORMANT AS WELL AS A HEROIN ADDICT.
DCI
Brooks: I CAN ONLY SAY WE BELIEVE DALEY TO BE A RELIABLE WITNESS, MY LORD.
Williams-Ali:
AND YOU INTEND TO PRODUCE THIS RELIABLE WITNESS AT THIS TRIAL?
DCI
Brooks: YES, MY LORD.
Williams-Ali:
AND HE IS SO RELIABLE THAT HE WILL TURN UP ON TIME?
DCI
Brooks: YES, MY LORD.
Williams-Ali:
IN FACT, YOU COULD PRODUCE HIM NOW, COULD YOU NOT?
DCI
Brooks: YES, MY LORD.
Williams-Ali:
AND HE IS WHERE, EXACTLY?
DCI
Brooks: IN THIS BUILDING, MY LORD.
Williams-Ali:
WHERE IN THIS BUILDING?
DCI
Brooks: (Looking nervous and uncomfortable) DOWNSTAIRS, MY LORD.
Williams-Ali:
DOWNSTAIRS?
DCI
Brooks: YES, MY LORD.
Williams-Ali:
COME, MR BROOKS, DON’T BE SO COY. DOWNSTAIRS WHERE?
DCI
Brooks: (Mumbling) IN THE CELLS, MY LORD.
Williams-Ali:
SPEAK UP, MR BROOKS, THE GENTLEMEN OF THE PRESS CAN’T HEAR.
DCI
Brooks: IN THE CELLS, MY LORD.
Williams-Ali:
IN THE CELLS. AND WHY IS HE IN THE CELLS?
DCI
Brooks: BECAUSE HE’S SERVING A PRISON SENTENCE, MY LORD.
Williams-Ali:
I SEE. A PRISON SENTENCE FOR WHAT?
DCI
Brooks: BURGLARY, MY LORD.
Williams-Ali:
I SEE, SO HE IS RELIABLE. HE CAN BE RELIED ON TO GO STRAIGHT BACK TO CRIME AS
SOON AS HE IS RELEASED?
DCI
Brooks: YES, MY LORD. NO, I MEAN…
Williams-Ali:
(Leaning forward) MR DALEY IS OBVIOUSLY A MAN OF HABIT, BUT HE WILL CHANGE HIS
HABITS WHEN HE IS RELEASED, BECAUSE IF HE COMES BEFORE THIS COURT FOR BURGLARY
AND IS CONVICTED ON UNIMPEACHABLE EVIDENCE, HE WILL LIVE TO REGRET IT.
DCI
Brooks: YES, MY LORD.
Williams-Ali:
DOES MR DALEY HAVE ACCESS TO A TELEPHONE IN THE CELLS, MR BROOKS?
DCI
Brooks: NO, MY LORD.
Williams-Ali:
THEN HE WON’T BE ABLE TO PHONE HIS MOTHER, WILL HE?
DCI
Brooks: ER, I BELIEVE HIS MOTHER IS
DEAD, MY LORD.
Williams-Ali:
THAT DIDN’T STOP HIM LAST TIME, DID IT?
DCI
Brooks: MY LORD?
Williams-Ali:
WHEN YOUR FORCE ARRESTED HIM THE TIME BEFORE LAST, HE TRIED TO PHONE HIS DEAD
MOTHER, DID HE NOT?
DCI
Brooks: I BELIEVE HE WAS CONFUSED, MY
LORD. HE’D BEEN TAKING DRUGS.
Williams-Ali:
AND TAKING DRUGS MAKES HIM THINK HE CAN COMMUNICATE WITH THE DEAD?
DCI
Brooks: I DON’T KNOW WHAT TO SAY, MY LORD.
Williams-Ali:
DO YOU THINK HE HEARS VOICES?
DCI
Brooks: I DON’T KNOW, MY LORD.
Judge
Begun: (Leaning forward) PERHAPS THEY SPEAK TO HIM THROUGH PRISON WALLS?
DCI
Brooks: I DON’T KNOW WHAT TO SAY, MY
LORD.
Williams-Ali:
PERHAPS THEY CONFESS TO MURDER THROUGH PRISON WALLS?
DCI
Brooks: I, I…
Williams-Ali:
MR WALTERS, ARE YOU OF THE OPINION THAT DAMIEN DALEY IS A RELIABLE WITNESS?
Walters:
(Standing) WITH RESPECT MY LORD, JUST BECAUSE HE IS AN HABITUAL LIAR DOESN’T
MEAN HE CAN’T BE TELLING THE TRUTH.
Williams-Ali:
YES, AND THE DEVIL CAN TELL THE TRUTH WHEN IT SUITS HIM, THE SAME WAY HE CAN
QUOTE SCRIPTURE, BUT ARE YOU PREPARED TO PUT A MAN’S LIFE ON THE LINE ON THE
WORD OF A MAN LIKE DALEY?
Walters:
YES, MY LORD.
Williams-Ali:
WITHOUT ANY CORROBORATION AT ALL?
Walters:
THAT WOULD BE FOR THE JURY TO DECIDE, MY LORD.
Judge
Begun: IT WOULD IF IT WENT TO THE JURY.
Williams-Ali:
LET US LEAVE DALEY FOR A MOMENT. THERE IS THE LIVING WITNESS, IS THERE NOT?
Walters:
YOU MEAN JOSIE RUSSELL, MY LORD?
Williams-Ali:
YES. WHAT DO YOU HAVE TO SAY ABOUT HER, MR BROOKS?
DCI
Brooks: SHE SAID STONE LOOKED FAMILIAR,
MY LORD.
Williams-Ali:
AND SHE ALSO SAID, DID SHE NOT, THAT THE MAN WHO KILLED HER MOTHER AND SISTER
WAS A BIG MAN – LIKE MY DAD. WEREN’T THOSE HER ACTUAL WORDS?
DCI
Brooks: YES, MY LORD, I BELIEVE SO.
Williams-Ali:
AND IS STONE A BIG MAN?
DCI
Brooks: BIG TO A CHILD, MY LORD.
Williams-Ali:
BUT IS HE AS BIG AS HER FATHER?
DCI
Brooks: NEARLY.
Williams-Ali:
NEARLY NOTHING.
DCI
Brooks: NO, MY LORD.
Williams-Ali:
THE COURT HAS REVIEWED THE EVIDENCE OF THIS POOR GIRL, BUT EVEN ALLOWING FOR
HER TRAUMA, DON’T YOU THINK SHE WOULD HAVE POINTED TO STONE AND SAID “THAT’S
THE MAN” IF HE WERE INDEED THE MAN?
DCI
Brooks: NO MY LORD, PROBABLY NOT.
Williams-Ali:
AND DO YOU BELIEVE A MAN OF STONE’S BUILD ACTING ALONE COULD HAVE CONTROLLED AN
EDUCATED, INTELLIGENT WOMAN LIKE DR RUSSELL, AND HER TWO DAUGHTERS AND THE
FAMILY DOG AS WELL?
DCI
Brooks: YES, MY LORD.
Williams-Ali:
AND HAVE COMMITTED THESE MURDERS AND WALKED AWAY WITHOUT LEAVING SO MUCH AS A
HAIR AT THE CRIME SCENE?
DCI
Brooks: HE WAS FORENSICALLY AWARE, MY LORD. HE WOULDN’T HAVE LEFT ANY EVIDENCE.
Judge
Begun: THIS COURT REQUIRES EVIDENCE,
MR BROOKS.
DCI
Brooks: WE HAVE THE CONFESSION, MY LORD.
Williams-Ali: NO, YOU DON’T.
DCI
Brooks: YES, WE DO.
Judge
Begun: THE COURT SAYS YOU DON’T.
Williams-Ali:
WE ARE NOT TALKING ABOUT PACE HERE, NOR ABOUT THE JUDGES’ RULES. NOR ABOUT
POLICE VERBAL IN THE BACK OF AN AREA CAR – IT’S A FAIR COP, GUV, AND ALL THAT
POLLAVER. THIS COURT DEMANDS EVIDENCE. WHERE IS IT?
DCI
Brooks: WE HAVE DALEY, MY LORD.
Judge
Begun: NO, YOU DO NOT.
Williams-Ali:
MR WALTERS?
Walters:
WITHOUT DALEY, MY LORD, THE CROWN HAS NO CASE.
Williams-Ali:
AND WITH DALEY, IT IS A LAUGHING STOCK. THIS MAN HAS BEEN IN PRISON FOR FOUR
AND A HALF YEARS, MUCH OF THAT TIME UNCONVICTED, AND YOU HAVE NO EVIDENCE.
DCI
Brooks: WE HAD THE CONFESSIONS, MY LORD, BUT AFTER THE FIRST TRIAL…
Williams-Ali:
AFTER THE FIRST TRIAL, THE CPS SAW SENSE.
DCI
Brooks: STONE DIDN’T TAKE THE STAND, MY LORD. HE NEVER EXPLAINED WHERE HE WAS
ON THE DAY OF THE MURDER.
Williams-Ali:
SINCE WHEN DID A DEFENDANT IN A BRITISH COURT EVER HAVE TO PROVE THAT HE WASN’T
AT THE CRIME SCENE?
DCI
Brooks: I MEAN, MY LORD…
Williams-Ali:
(Interrupting) AND A YEAR AFTER THE EVENT. CAN YOU REMEMBER WHERE YOU WERE ON A
PARTICULAR DAY IN JANUARY LAST YEAR?
DCI
Brooks: AND HE HAD PREVIOUS, MY LORD, FOR A HAMMER ATTACK.
Williams-Ali:
I SEE, HE ATTACKED A WOMAN WITH A HAMMER WHEN, PRECISELY?
DCI
Brooks: HE ATTACKED A MAN, MY LORD.
Williams-Ali:
RIGHT, A MAN WHO HAD BEEN ACCUSED, AND WAS LATER CONVICTED OF, INDECENTLY
ASSAULTING A YOUNG BOY. IN OTHER WORDS, IT WAS A VIGILANTE ATTACK.
DCI
Brooks: IT SHOWS MY LORD THAT HE IS THE SORT OF MAN WHO COULD ATTACK A WOMAN
WITH A HAMMER.
Williams-Ali:
THAT MAY BE WHAT IT SHOWS YOU, TO ME IT INDICATES THAT HE IS A MAN WHO IN SPITE
OF HIS APPALLING ANTECEDENTS IS REVOLTED BY SEXUAL ASSAULTS ON WOMEN AND
CHILDREN, AND THAT HE WOULD BE MOST UNLIKELY TO CARRY OUT A CRIME SUCH AS THE
CHILLENDEN MURDERS, ASSUMING HE WAS ABLE SINGLE-HANDEDLY TO OVERPOWER DR
RUSSELL, HER TWO DAUGHTERS AND THE FAMILY DOG.
OF
COURSE, YOU WOULD HAVE LIKED TO PUT HIM IN THE WITNESS BOX WHERE A STATE
PROSECUTOR AS DUPLICITOUS AS MR WALTERS COULD HAVE CROSS-EXAMINED HIM ON HIS
PREVIOUS CONVICTIONS AND RAISED ALL MANNER OF INNUENDO, BUT THAT IS NOT THE WAY
THINGS WORK UNDER SHARIA. YOU CAN’T JUST GO AND NICK THE LOCAL VILLAIN EVERY
TIME THERE’S A BURGLARY. IT IS ONE THING TO KEEP AN EYE ON THE USUAL SUSPECTS,
IT IS QUITE ANOTHER TO FIT UP AN UNDESIRABLE JUST TO TAKE HIM OFF THE STREETS.
DCI
Brooks: HE…
Williams-Ali:
(Interrupting) DO YOU UNDERSTAND, MR BROOKS?
DCI
Brooks: YES, MY LORD.
(The
judges confer).
Williams-Ali:
DR SHERIDAN?
(The
man sitting to the right of the Chief Prosecutor stands up).
Man:
YES, MY LORD.
Williams-Ali:
DR SHERIDAN, YOU HAVE RECENTLY DONE ENHANCED FORENSIC TESTING ON THE LACE THAT
WAS FOUND AT THE CRIME SCENE?
Dr
Sheridan: YES, MY LORD.
Williams-Ali:
AND ON THE TOWELS?
Dr
Sheridan: YES, MY LORD.
Williams-Ali:
AND YOU FOUND NOTHING LINKING STONE TO THE CRIME SCENE?
Dr
Sheridan: NO, MY LORD.
Williams-Ali:
AND THAT INDICATES WHAT, EXACTLY?
Dr
Sheridan: THAT STONE IS FORENSICALLY AWARE, MY LORD.
Williams-Ali:
DOES IT?
Dr
Sheridan: YES, MY LORD.
Judge
Begun: THE MAN IS SO EVIL, SO DEVIOUS, SO CUNNING, THAT HE DESTROYED THE
EVIDENCE. YES?
Dr
Sheridan: (Failing to recognise the sarcastic tone in the Judge's voice, and
smiling) YES.
Williams-Ali:
THAT'S THE ONLY POSSIBLE EXPLANATION, ISN'T IT?
Dr
Sheridan: YES. THE ONLY ONE.
Williams-Ali:
APART FROM OCCAM'S RAZOR, DR SHERIDAN?
Dr
Sheridan: (Confused) MY LORD?
Williams-Ali:
A SCIENTIFIC PRINCIPLE WITH WHICH YOU ARE NO DOUBT FAMILIAR.
Dr
Sheridan: YES, OF COURSE.
Williams-Ali:
WHICH SAYS WHAT?
Dr
Sheridan: THE SIMPLEST EXPLANATION IS THE LIKELIEST.
Williams-Ali:
SO IF STONE'S DNA IS NOT AT THE CRIME SCENE, THE SIMPLEST EXPLANATION IS WHAT?
Dr
Sheridan: THAT HE IS FORENSICALLY AWARE.
Williams-Ali:
RIGHT, VERY GOOD.
Dr
Sheridan: THANK YOU, MY LORD.
Williams-Ali:
HE WORE GLOVES.
Dr
Sheridan: YES.
Williams-Ali:
AND A FACE MASK?
Dr
Sheridan: YES?
Williams-Ali:
AND A FORENSIC SUIT?
Dr
Sheridan: (Looking confused) MY LORD?
Williams-Ali:
THE SIMPLEST EXPLANATION PROFERRED BY OCCAM'S RAZOR IS THAT HE WAS NEVER AT THE
CRIME SCENE IN THE FIRST PLACE. ISN'T IT, DR SHERIDAN?
Dr
Sheridan: NO, MY LORD?
Williams-Ali:
IT ISN'T?
Dr
Sheridan: NO, MY LORD, WE KNOW HE WAS AT THE CRIME SCENE.
Williams-Ali:
REALLY, AND HOW DO WE KNOW THAT?
Dr
Sheridan: HE CONFESSED TO DALEY, MY LORD.
Williams-Ali:
THROUGH THE PRISON WALL?
Dr
Sheridan: YES, MY LORD.
Williams-Ali:
AND THAT ALLEGED CONFESSION IS TO BE TRUSTED?
Dr
Sheridan: YES, MY LORD.
Williams-Ali:
WHY?
Dr
Sheridan: (Thinking) BECAUSE DALEY HAD NO MOTIVE TO LIE.
Williams-Ali:
I SEE, ADMITTED LIAR, REGISTERED POLICE INFORMANT AND INVETERATE BURGLAR DAMIEN
DALEY, WHO IS SITTING IN THE CELLS BENEATH THIS COURT AT THIS VERY MOMENT HAD
NO MOTIVE TO LIE?
Dr
Sheridan: NO, MY LORD. NOT ON THIS OCCASION.
Williams-Ali:
WHILE STONE IS AN INVERATE LIAR WHO IS NEVER TO BE TRUSTED?
Dr
Sheridan: NO MY LORD.
Williams-Ali:
YOU CAN'T BELIEVE A WORD HE SAYS?
Dr
Sheridan: NO, MY LORD.
Williams-Ali:
(Raising his voice) SO WHEN HE SHOUTS A CONFESSION TO A DOUBLE MURDER THROUGH
THE WALL OF THE SEGREGATION UNIT IN CANTERBURY PRISON, YOU CAN'T BELIEVE THAT
EITHER?
Dr
Sheridan: NO, MY LORD, I MEAN, YES.
Williams-Ali:
(Yawning) REALLY. AND WHY SHOULD WE BELIEVE HE TOLD THE TRUTH ON THIS OCCASION?
Dr
Sheridan: WE HAVE CONFIRMATION, MY LORD.
Williams-Ali:
FROM SELF-CONFESSED LIAR DAMIEN DALEY?
Dr
Sheridan: YES, MY LORD, AND FROM THE CRIME SCENE.
Williams-Ali:
FROM THE CRIME SCENE?
Dr
Sheridan: YES, MY LORD.
Williams-Ali:
BUT YOU'VE ALREADY TOLD US THERE WERE NO FORENSICS LINKING STONE TO THE CRIME
SCENE.
Dr
Sheridan: YES, MY LORD, BUT YOU SAID YOURSELF THAT WAS BECAUSE HE WAS SO
DASTARDLY CLEVER THAT HE DIDN'T LEAVE ANY.
Williams-Ali:
SO WE HAVE THE BEST EVIDENCE OF ALL?
Dr
Sheridan: YES, MY LORD.
Williams-Ali:
THE FACT THAT THERE IS NO EVIDENCE IS CERTAIN PROOF OF HIS GUILT?
Dr
Sheridan: (Smiling) YES, MY LORD. YOU UNDERSTAND NOW.
Williams-Ali:
(Shaking his head) I SEE, WELL I HAVE A CONFESSION TO MAKE. STONE IS INNOCENT,
AND DO YOU KNOW WHY?
Dr
Sheridan: NO, MY LORD.
Williams-Ali:
BECAUSE I COMMITTED THE CHILLENDEN MURDERS, THAT'S WHY. AND THE PROOF OF THAT
IS THAT I DIDN'T LEAVE ANY FORENSICS.
Dr
Sheridan: (Laughing) I SEE, YOU'RE JOKING.
Williams-Ali:
(Raising his voice) THIS IS THE SUPREME COURT OF SHARIA OF THE UNITED KINGDOM
AND NORTHERN IRELAND, DR SHERIDAN, NOT AMATEUR NIGHT IN YOUR LOCAL COMEDY CLUB.
WHY DO YOU PRESUME I WOULD JOKE ABOUT SUCH A MATTER?
Dr
Sheridan: (Confused) WELL, YOU COULDN'T HAVE DONE THE MURDERS.
Williams-Ali:
REALLY, WHY NOT?
Dr
Sheridan: BECAUSE...YOU'RE A JUDGE.
Williams-Ali:
AND YOU, DR SHERIDAN, ARE A FOOL.
Dr
Sheridan: MY LORD…
Williams-Ali:
SIT DOWN, FOOL.
Dr
Sheridan: YES, MY LORD. (He sits down).
Williams-Ali:
(Turns to Judge Begun and whispers).
Judge
Begun: IS THERE ANYONE ELSE IN THIS COURTROOM WHO HAS NOT LEFT EVIDENCE AT THE
MURDER SCENE?
(There
is a low murmur and some muted laughter).
Williams-Ali:
THIS IS THE SUPREME COURT OF SHARIA OF THE UNITED KINGDOM AND NORTHERN IRELAND.
WHAT YOU HAVE WITNESSED IS MOCKING OF THIS COURT BY A SENIOR PROSECUTOR, A
SENIOR POLICE OFFICER, AND A FORENSIC SCIENTIST. THEY HAVE BETWEEN THEM
EFFECTED AND SUPPORTED A PROSECUTION FOR THE SUPREME CRIME, THAT OF TAKING THE
LIFE OF ANOTHER HUMAN BEING WITH MALICE AFORETHOUGHT AND MURDEROUS INTENT. THEY
HAVE SUPPORTED THIS PROSECUTION WITH NOT ONE SCRAP OF EVIDENCE, AND THEY HAVE
KEPT THIS MAN IN CUSTODY AND NOW FACING A DEATH SENTENCE ON THE MEREST OF
INNUENDOES.
IT
IS TRUE THAT MICHAEL STONE WAS, ON THE FACE OF IT, A GOOD SUSPECT. HE APPEARED
TO FIT THE PROFILE OF THE KILLER, INITIALLY AT ANY RATE, BUT IT WAS, OR SHOULD,
HAVE BEEN PATENTLY OBVIOUS THAT HE WAS NOT THE MAN THE POLICE SOUGHT. THOUGH INSTEAD
OF DROPPING THE CHARGES – WHICH SHOULD NEVER PROPERLY HAVE BEEN BROUGHT IN THE
FIRST PLACE – THEY SOUGHT TO MAKE THEM STICK BY THE MOST IGNOBLE OF MEANS. IN
DOING SO THEY HAVE NOT ONLY PUT AN INNOCENT MAN THROUGH HELL, BUT HAVE
SQUANDERED HUNDREDS OF THOUSANDS IF NOT MILLIONS OF POUNDS OF PUBLIC MONEY,
AND, EVEN WORSE, HAVE ENSURED THAT THE REAL KILLER – OR KILLERS – OF DR RUSSELL
AND HER DAUGHTER, WILL PROBABLY NEVER BE BROUGHT TO JUSTICE.
I
SAY KILLERS, BECAUSE HAVING SEEN THE CRIME SCENE PHOTOGRAPHS AND THE EXTENT OF
THE BRUTALITY METED OUT TO THIS UNFORTUNATE WOMAN AND HER TWO DAUGHTERS, ONE OF
WHOM, BY THE GRACE OF ALLAH, SURVIVED, WE ARE BY NO MEANS CONVINCED THAT THE
CHILLENDEN MURDERS WAS THE WORK OF ONE MAN. LEAST OF ALL OF AN OVERWEIGHT, FIVE
FOOT NOTHING DRUG ADDICT WHOSE MAIN PREOCCUPATION WAS STEALING PROPERTY TO SELL
IN ORDER TO FUEL HIS DRUG ADDICTION.
THERE IS THOUGH, AN
ISSUE HERE WHICH TRANSCENDS THIS ONE CASE, DREADFUL THOUGH IT IS. THERE HAS, IN
THE PAST, BEEN A WILLINGNESS OF THE BRITISH POLICE, AND IF THE TRUTH BE TOLD,
OF POLICE OFFICERS THROUGHOUT THE WESTERN WORLD, TO MANUFACTURE EVIDENCE OF
GUILT AGAINST PEOPLE THEY REGARD AS UNDESIRABLES IN ORDER TO TAKE THEM OFF THE
STREETS, AND DOUBTLESS TO EARN COMMENDATIONS ETC FOR THEMSELVES. THE EASIEST
WAY TO MANUFACTURE EVIDENCE OF AN ACCUSED'S GUILT IS BY FAKING A CONFESSION,
WHICH SOMETIMES INCLUDES BROW BEATING, INTIMIDATING OR DUPING A VULNERABLE
SUSPECT INTO MAKING ONE. IF THE COURTS HAVEN'T ALWAYS BEEN WILLING TO
ACKNOWLEDGE THIS, AND HAVE ONLY ON VERY RARE OCCASIONS CONDEMNED IT, PARLIAMENT
DID AT LEAST RECOGNISE THE PROBLEM VERY BELATEDLY WITH THE POLICE AND CRIMINAL EVIDENCE ACT OF 1984.
THIS COURT CANNOT OF
COURSE RECTIFY PAST ERRORS ANY MORE THAN IT CAN EXTEND ITS JURISDICTION OVER
THE ENTIRE WORLD, BUT IT CAN ENSURE THAT WHEN SUCH SHODDY PRACTICES REAR THEIR
UGLY HEADS WITHIN ITS OWN BAILIWICK, THEY ARE NOT ONLY NOT TOLERATED, BUT
PUNISHED. MR BROOKS, WILL YOU STAND, PLEASE?
Brooks: (Looking
confused) MY LORD?
(Judge Begun whispers
to Williams-Ali, and all three confer).
Williams-Ali:
NOT YET, MR BROOKS. (He waves at him, and Brooks sits down. Turning to Stone)
THE ACCUSED WILL STAND.
(Stone
stands).
Williams-Ali:
MR STONE, THIS COURT HAS EXAMINED THE EVIDENCE AGAINST YOU FOR THE CHILLENDEN
MURDERS, SUCH AS IT IS, AND FINDS THE CASE UNPROVED. NOT ONLY THAT, WE FIND
THERE HAS BEEN A CONSPIRACY TO FRAME YOU FOR THESE HEINOUS CRIMES, AND WE SO FIND FOR THE FOLLOWING REASONS.
MICHAEL
JOHN STONE WAS ARRESTED FOR AN UNRELATED OFFENCE A YEAR AFTER THE CHILLENDEN
MURDERS. THAT CHARGE WAS EVENTUALLY DROPPED, BUT WHILE ON REMAND, A NUMBER OF
INMATES CLAIMED HE HAD CONFESSED TO THE CRIME, THOUGH IT REMAINS TO BE SEEN WHY
HE SHOULD HAVE DONE THIS, HAVING REPEATEDLY DENIED ANY INVOLVEMENT WHEN
QUESTIONED BY THE POLICE.
THE
ACCUSED WAS SO CONCERNED ABOUT THESE ALLEGATIONS THAT HE ASKED TO BE SEGREGATED
FROM OTHER PRISONERS. THEN, WE ARE TOLD, HE CONVENIENTLY CONFESSES BY SHOUTING
THROUGH THE CELL WALL, TO AN INMATE HE DOES NOT KNOW AND HAS NEVER EVEN SEEN.
WE HAVE ONLY THE WORD OF THIS INMATE THAT THIS CONFESSION ACTUALLY HAPPENED,
BUT THE OTHERWISE SO SKEPTICAL POLICE AND CROWN PROSECUTORS ARE SO IMPRESSED BY
THE QUALITY OF THIS ALLEGED CONFESSION THAT THEY BASE THEIR ENTIRE CASE ON IT
THE SECOND TIME AROUND.
THE
EVIDENCE AGAINST THE ACCUSED, SUCH AS IT IS, IS THAT HE IS THE SORT OF MAN WHO
IS LIKELY TO HAVE DONE IT. ALTHOUGH HE HAS NO CONVICTIONS FOR VIOLENCE AGAINST
WOMEN, HE DOES CARRY A HAMMER FOR PROTECTION AGAINST FELLOW DRUG DEALERS. THIS
HAMMER WAS ELIMINATED FROM THE INQUIRY, AS WERE ALL THE OTHER FORENSICS
RELATING TO HIM AND HIS CHATTELS.
WHAT
IS MOST INTERESTING ABOUT THIS CASE IS NOT WHAT THE CROWN SAYS BUT WHAT IT
DOESN’T SAY. THERE IS FORENSIC EVIDENCE FROM FIBRES AT THE CRIME SCENE, AND ONE
PARTIAL FINGERPRINT, WHICH DOES NOT BELONG EITHER TO THE ACCUSED OR TO THE
VICTIMS. THE EVIDENCE OF THE SURVIVING VICTIM JOSIE RUSSELL, WHICH WE HAVE NOT
DISCUSSED AT ANY LENGTH HERE, AND THE EVIDENCE OF THE OTHER EYEWITNESSES –
WHICH WE HAVE NOT DISCUSSED AT ALL – RELATING TO PERSONS SEEN IN THE AREA AT
THE TIME, DOES NOTHING TO IMPLICATE THE ACCUSED.
IT
WAS DECIDED AT A MEETING OF THE SUPREME SHARIA COUNCIL OF GREAT BRITAIN SHORTLY
AFTER THE ELECTION OF THE ISLAMIC PARTY AND BY THE GRACE OF HIS MAJESTY – GOD
SAVE THE KING…
The
other two judges: GOD SAVE THE KING.
Williams-Ali:
IT WAS DECIDED THAT THE DEATH PENALTY WOULD BE REINSTATED FOR THE CRIME OF
MURDER, AND ESPECIALLY MURDER MOST FOUL, AS CLEARLY THIS WAS. SOMEWHAT
SURPRISINGLY AND PERHAPS AGAINST NATURAL JUSTICE, IT WAS DECIDED TO BACKDATE
THIS LEGISLATION. IT IS NOT FOR THIS COURT TO COMMENT ON THE WISDOM OF
RETROSPECTIVE LEGISLATION, SUFFICE IT TO SAY THAT WHERE THE ISLAMIC STATE
EXACTS THE SUPREME PENALTY, THE THRESHOLD OF PROOF MUST BE CORRESPONDINGLY
HIGH.
THAT
CLEARLY IS NOT THE CASE IN THE MATTER OF REX V MICHAEL JOHN STONE, SO THIS CASE
IS DISMISSED FORTHWITH.
THERE
REMAINS THOUGH ANOTHER MATTER TO BE DEALT WITH. UNLIKE THE OLD RÈGIME, WHICH
CONFERRED BLANKET IMMUNITY ON ANY CIVIL SERVANT WHO WAS ONLY DOING HIS JOB – AS
THEY SAID AT NUREMBERG – THE ISLAMIC STATE WILL NOT TOLERATE ANY SORT OF
MENDACITY OR EXCUSES OF VICARIOUS LIABILITY. THIS MAN HAS BEEN DETAINED FOR
SOME CONSIDERABLE TIME UNDER FALSE PRETENCES, SO A FORFEIT MUST BE PAID
AS
LONG AGO AS 1862, IN THE CASE OF LIMPUS V LONDON GENERAL OMNIBUS COMPANY, IT WAS HELD THAT “A MASTER IS LIABLE FOR THE
TORTS OF HIS SERVANT ACTING WITHIN THE SCOPE OF HIS AUTHORITY EVEN WHEN HE HAS
EXPRESSLY FORBIDDEN THE SERVANT TO DO THE THING COMPLAINED OF.”
WHAT
THIS HAS MEANT IN PRACTICE, AS FAR AS CIVIL SERVANTS AND MOST ESPECIALLY POLICE
OFFICERS ARE CONCERNED, IS THAT THEY CAN DO WHAT THE HELL THEY PLEASE, AND AT
THE END OF THE DAY, IF A PERSON IS GRAVELY WRONGED BY THEM ACTING IN EVEN THE
MOST PERFIDIOUS OF MANNERS, THAT INDIVIDUAL HAS NO REDRESS EXCEPT PERHAPS TO
BRING A CASE IN THE CIVIL COURTS – FOR WHICH HE MAY NOT BE GRANTED LEGAL AID –
AND WHICH THE EXPENSIVE, CLEVER, AND OFTEN DUPLICITOUS, POLICE LAWYERS WILL
FIGHT ALL THE WAY AND SETTLE AT THE COURT DOOR WITH NO ADMISSION OF LIABILITY. AND OF COURSE THE TAXPAYER PICKS UP THE TAB
FOR THIS UNWARRANTED LITIGATION. THAT SHODDY PRACTICE ENDS HERE AND NOW.
(The
Judge picks up his goose quill pen and writes for a full minute on a sheet of
A4 paper).
Williams-Ali:
(Handing it to the Usher) USHER, TAKE THIS TO THE CLERKS’ OFFICE AND HAVE THEM
DRAW UP THE FORMAL ACQUITTAL AND RELEASE PAPERS.
Usher:
(Taking the paper, bowing and leaving the Court) YES, MY LORD.
(They
sit in silence for a minute or two until the Usher returns, whispers to the
judges, then resumes his place at the side of the bench).
Williams-Ali:
YOU ARE NOW A FREE MAN, MR STONE. IT WILL TAKE A LITTLE WHILE TO DRAW UP THE
ORDER BUT IN THE MEANTIME WE HAVE ANOTHER MATTER TO DEAL WITH, WHICH I HAVE NO
DOUBT YOU WILL FIND MOST INTERESTING. THIS IS THE QUESTION OF COMPENSATION
AS
I SAID PREVIOUSLY, POLICE OFFICERS AND OTHER CIVIL SERVANTS WHO OVERSTEP THE
MARK WITH MALICIOUS INTENT WILL NOT BE TOLERATED, AND WILL BE PUNISHED BY THE
SUPREME COURT OF SHARIA. TODAY, THIS PUNISHMENT WILL BE COUPLED WITH
COMPENSATION FOR THE VICTIM OF THIS MALICIOUS AND UNWARRANTED PROSECUTION
Judge
Begun: MR STONE, I READ IN AN INTERVIEW SOME TIME AGO THAT YOU HOPED TO START A
GARAGE IF YOU WON YOUR APPEAL. IS THAT CORRECT?
Stone: YES, MY LORD.
Williams-Ali:
YOU LIKE CARS, MR STONE?
Stone:
YES, MY LORD.
Williams-Ali:
(Turning to DCI Brooks) WHAT SORT OF CAR DO YOU
DRIVE, MR BROOKS.
DCI
Brooks: PARDON?
Williams-Ali:
WHAT CAR DO YOU DRIVE, MR BROOKS?
DCI
Brooks: A JAG, MY LORD.
Williams-Ali:
OF COURSE. DID YOU DRIVE HERE TODAY?
Brooks:
YES, MY LORD.
Williams-Ali:
YOUR KEYS, PLEASE.
DCI
Brooks: MY LORD?
Williams-Ali:
YOUR CAR KEYS.
DCI
Brooks: WHAT ABOUT THEM?
Williams-Ali:
GIVE THEM TO ME.
DCI
Brooks: (Looking dumbfounded) I…
Williams-Ali:
(Forcefully) NOW!
(The
police officer fishes in his pocket and pulls out his keys. The Judge nods to the Usher, who collects them
and hands them up to the bench).
Williams-Ali:
HAND THEM TO MR STONE, PLEASE.
(The
Usher does so. Stone takes them, open-mouthed).
Williams-Ali:
MR STONE, WHEN YOU ARE FINISHED IN HERE, THE USHER WILL SHOW YOU THE CAR AND
ARRANGE FOR YOU TO INSPECT IT. IT WILL BE STORED FOR YOU FREE OF CHARGE UNTIL
YOU ARE READY TO COLLECT IT WITH THE CORRECT DOCUMENTATION, YOUR UP TO DATE
DRIVING LICENCE AND INSURANCE. MUSTN’T DRIVE WITHOUT INSURANCE, MUST WE?
Stone:
ER, NO MY LORD.
Williams-Ali:
DO YOU KNOW WHAT HAPPENS TO PEOPLE WHO DRIVE WITHOUT PROPER INSURANCE?
Stone:
NO, MY LORD.
Judge
Begun: (Leaning forward and grinning) FORTY LASHES.
Williams-Ali:
FOR A FIRST OFFENCE.
(Stone
gulps but says nothing).
Williams-Ali:
(Turning to DCI Brooks) MR BROOKS, I BELIEVE YOU ARE THE TREASURER OF THE KENT
POLICE WELFARE FUND.
Brooks:
(Standing up) ER, YES MY LORD.
Williams-Ali:
THAT REALLY IS A DIVINE BLESSING. DO YOU HAVE YOUR CHEQUE BOOK?
Brooks:
ER, YES MY LORD (sounding and looking confused).
Williams-Ali:
WE HAVE REVIEWED MR STONE’S CRIMINAL RECORD AT SOME LENGTH, AND THERE ARE TWO SCHOOLS
OF THOUGHT AS TO THE QUANTUM OF COMPENSATION. THE FIRST IS THAT IT A MAN OF
GOOD CHARACTER SHOULD RECEIVE MORE COMPENSATION THAN A MAN OF PROVEN BAD
CHARACTER. THE OTHER IS THAT IT IS A GREATER SIN TO FIT UP A MAN OF POOR
CHARACTER BECAUSE HE IS FAR LESS LIKELY TO BE ACQUITTED, AND BECAUSE THE
SENTENCE HE RECEIVES WILL GENERALLY BE CORRESPONDINGLY GREATER.
THE
GOOD NEWS FOR KENT POLICE, MR BROOKS, IS THAT WE DECIDED UNANIMOUSLY THAT IN
SPITE OF THE GRAVITY OF THIS CASE AND THE DEATH SENTENCE HANGING OVER MR STONE,
THAT HE SHOULD RECEIVE LESS COMPENSATION. WE CAME TO THIS CONCLUSION LARGELY
BECAUSE OF THE TABLOID INTEREST IN THIS CASE.
(Turning
to the public gallery and especially the press box).
I HAVE NO DOUBT THAT MR STONE WILL IMMEDIATELY ON LEAVING HIS BUILDING SELL HIS
STORY TO A DOWNMARKET TABLOID FOR A TIDY SUM. IN FACT I CAN SEE SOME OF THEM
LICKING THEIR LIPS ALREADY.
(A
ring of laughter goes round the Court).
WE
HAVE DECIDED THEREFORE THAT KENT POLICE SHOULD PAY MR STONE A MERE THIRTY
THOUSAND POUNDS IN COMPENSATION.
DCI
Brooks: MY LORD?
Williams-Ali:
YOU DID SAY YOU HAVE YOUR CHEQUE BOOK?
DCI
Brooks: YOU’RE SAYING THE POLICE FUND SHOULD PAY THIS MAN COMPENSATION, MY
LORD?
Judge
Begun: (Leaning forward and grinning) YOU WOULD PREFER THE TAXPAYER OR PERHAPS
KENT RATEPAYERS TO PAY INSTEAD?
DCI
Brooks: USUALLY COMPENSATION IS PAID BY THE GOVERNMENT, MY LORD.
Williams-Ali:
MR BROOKS, THIS IS NOT THE MICKEY MOUSE JUSTICE THAT WAS DISHED OUT IN THE NAME
OF HER MAJESTY THE QUEEN. THIS IS THE JUSTICE OF THE SHARIA COURT. JUSTICE
DICTATES THAT THE GUILTY PAY FOR THEIR SINS, NOT THE TAXPAYER.
DCI
Brooks: THE OFFICERS WHO CONTRIBUTE TO THIS FUND AREN’T GUILTY, MY LORD.
Williams-Ali:
THIS IS NOT A DEBATING CHAMBER, MR BROOKS. TAKE OUT YOUR FUND CHEQUE BOOK,
WRITE MR STONE A CHEQUE FOR THIRTY GRAND, AND LATER YOU CAN TELL YOUR BROTHER
OFFICERS WHAT FINE, UPSTANDING MEN AND WOMEN THEY ARE. AND IF THAT IS INDEED
THE CASE, THEY WON’T BE PAYING OUT COMPENSATION FOR WRONGFUL ARREST, MALICIOUS
PROSECUTION AND FALSE IMPRISONMENT IN FUTURE.
DCI
Brooks: MY LORD, I.
Williams-Ali:
THIS IS NOT A DEBATING CHAMBER, MR
BROOKS. IN VIEW OF THE GRAVITY OF THIS CASE YOU SHOULD CONSIDER YOURSELF LUCKY
THAT THE COURT IS DISPOSED ONLY TO IMPOSE A FINANCIAL PENALTY RATHER THAN ORDER
A FULL INVESTIGATION BY THE SUPREME COUCIL, AND AN INEVITABLE CRIMINAL
PROSECUTION. DO YOU UNDERSTAND, MR BROOKS?
DCI
Brooks: YES, MY LORD. (He writes out the
cheque and hands it to the Usher who passes it up to the bench. Williams-Ali
approves it and gives it back to the Usher, who hands it to Stone).
Williams-Ali:
I DON’T THINK WE NEED DETAIN YOU ANY LONGER, MR BROOKS.
DCI
Brooks: MY LORD?
Williams-Ali:
NOR YOU, DR SHERIDAN?
Dr
Sheridan: (Standing up) MY LORD?
Williams-Ali:
GOOD DAY, GENTLEMEN.
(Confused,
the two men pick up their papers, bow to the Court and leave).
Williams-Ali:
(Turning to Stone) NOW, MR STONE, DO YOU FEEL JUSTICE HAS BEEN DONE?
Stone:
YES, MY LORD. THANK YOU, MY LORD.
Williams-Ali:
AND DO REMOVE THAT JACKET, THERE’S A GOOD FELLOW. YOU ARE NOW NO LONGER A
MURDER SUSPECT.
Stone:
(Removing the jacket) YES, MY LORD. THANK YOU, MY LORD.
Williams-Ali:
NOW IT MAY BE MR STONE THAT WHEN YOU LEAVE THIS COURT YOU WILL, AFTER SELLING
YOUR STORY TO THE PRESS, YOU WILL DECIDE TO START UP THAT GARAGE YOU SPOKE OF BEFORE.
IT MAY BE THAT YOU DECIDE ON ANOTHER COURSE OF ACTION. WHATEVER YOU DO, I DON’T
MUCH CARE, BUT I WILL TELL YOU THIS.
THE
SHARIA COURT DELIVERS JUSTICE TO THE INNOCENT, AND RETRIBUTION TO THE GUILTY.
HAVING SEEN YOUR CRIMINAL RECORD, IT IS CLEAR WHY THE POLICE SHOWED AN INTEREST
IN YOUR ACTIVITIES. AND IT IS UNDERSTANDABLE THOUGH NOT OF COURSE FORGIVEABLE
THAT SOME OF THEM DECIDED YOU SHOULD BE TAKEN OFF THE STREET BY FAIR MEANS OR
FOUL.
IF
YOU COME BEFORE THIS COURT AGAIN, MR STONE, FOR ANY OFFENCE, AND IF UNLIKE THIS
TRAVESTY OF A PROSECUTION THERE IS SUFFICIENT EVIDENCE TO CONVICT, YOU WILL SEE
THE RETRIBUTIVE SIDE OF SHARIA AS WELL. DO YOU UNDERSTAND, MR STONE?
Stone:
YES, MY LORD.
Williams-Ali:
IF YOU GO BACK TO CRIME AND STEAL FROM YOUR FELLOW CITIZENS THERE WILL BE NO
PRISON FOR YOU AND CERTAINLY NO PROBATION. YOUR TARIFF BEGINS WITH ONE HUNDRED
LASHES.
Stone:
YES, MY LORD.
Williams-Ali:
AND IF YOU USE GROSS VIOLENCE AGAINST ANOTHER PERSON DURING THE COURSE OF A
ROBBERY OR ANY OTHER CRIME, OR FOR THE SAKE OF IT, YOU WILL FORFEIT YOUR RIGHT
HAND.
Stone:
YES, MY LORD.
Williams-Ali:
AND IF YOU TAKE A KNIFE TO A MAN AS YOU DID YOUR FORMER FRIEND ADRIAN…
Judge
Begun: (Leaning forward and grinning) YOU WILL FORFEIT YOUR HEAD.
Stone:
(Swaying slightly) YES, MY LORD.
Williams-Ali:
RIGHT, I THINK THAT JUST ABOUT COVERS EVERYTHING. THE USHER WILL ESCORT YOU TO
THE CELLS WHERE YOU CAN PICK UP YOUR PROPERTY, THEN TO THE ADMINISTRATION
BLOCK, TO DO THE PAPERWORK. YOU WILL
ALSO NEED TO SIGN THE GOOD CITIZENS CHARTER, THAT IS ASSUMING YOU WISH TO
RECEIVE YOUR BASIC INCOME?
Stone:
YES, MY LORD.
Williams-Ali:
I THOUGHT SO, IT WILL OF COURSE BE BACKDATED.
Stone:
THANK YOU, MY LORD.
Williams-Ali:
AND I HAVE NO DOUBT YOU WILL BE MET AT THE FRONT OF THE COURT BY THE GENTLEMEN
OF THE PRESS.
Stone:
YES, MY LORD, THANK YOU MY LORD.
.Williams-Ali:
REMEMBER WHAT I SAID, MR STONE.
Stone:
YES, MY LORD.
Williams-Ali:
NOW THAT YOU HAVE RECEIVED COMPENSATION AND WILL ALSO RECEIVE A NON-MEANS
TESTED BASIC INCOME IN ADDITION TO ANY PAYMENTS YOU RECEIVE FROM THE PRESS, YOU
HAVE NO EXCUSE TO BREAK THE LAW EVER AGAIN.
Stone:
NO, MY LORD.
Williams-Ali:
OR MITIGATION.
Stone:
NO, MY LORD.
Judge
Begun: (Sitting forward and grinning) ESPECIALLY NOW YOU HAVE FINISHED YOUR
PORRIDGE.
Stone:
NO, MY LORD.
(Williams-Ali
nods to the Usher).
Usher:
ALL RISE.
(Everyone
stands).
Usher:
IN THE NAME OF ALLAH, THE BENIFICENT, THE MOST MERCIFUL, THE SUPREME COURT OF
SHARIAH OF THE UNITED KINGDOM AND NORTHERN IRELAND IS NOW ADJOURNED. GOD SAVE
THE KING!
Everyone
in the Court: GOD SAVE THE KING!
(The
Judges stand, bow to the Court, and exit by the back door. The press and public
file out. Stone shares a joke with his former guards and shakes their hands as
the Usher approaches him. The scene fades out).
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