Authors: Barrie Turner
Whilst the persons assembled in the chambers waited for copies of the file to be distributed, Sebastian produced a bottle of champagne, and he proposed a toast to the successful conclusion to the case. Then, returning to the serious side of the business, he addressed everybody, “This case is not over yet, and whatever is discussed here tonight must remain within these four walls. I want you all to be quite clear about this, Irene has done a magnificent job, but it’s far from over. Also, please remember, she’s taken a tremendous risk in bringing out these papers that is why I want this to be kept strictly under wraps. This is Irene’s case, and how she proceeds from here will be entirely up to her, but if anybody in this office can come up with any specific form of procedure which may assist our colleague, I’m sure it will be greatly appreciated. The only thing which bothers Irene and me is we will all sleep much happier once these files have been returned to the Central Criminal Records Office, so, it goes without saying that the original file must be returned by motor cycle courier first thing in the morning. With that he handed the meeting over to Irene.
Irene thanked those present and then began “As you know I’ve just been to the appeal court where my client’s appeal was denied as was permission to appeal to the House of Lords. I was expecting that, and now it leaves the way clear for me to appeal this case direct to the European Court of Human Rights. Just in case you’re not familiar with this, I must add that this stems from the verdict in the recent “Hurst” case, whereby Mr. Hurst was denied his right to silence when a DNA sample of his was taken from him, and used without his permission. During my appeal, the thought occurred to me that because Thompson had not given his permission for a DNA specimen of his to be used then his right to silence had also been taken from him. Using the same argument, it will be my contention that this was an abuse of his human rights. A successful appeal on this basis will be sufficient to get the verdict against him overturned, and then, I’ll go back to the appeal courts to have his other conviction overturned. In this latter case, there was so little evidence against him I’m more than hopeful their lordships will rule that conviction unsafe.”
“Whilst waiting for all of this to take place I now have to consider what to do concerning this file. Quite clearly, we all know now that although Timothy Harris was eliminated from the murder enquiry there was a cover up by the Merseyside Police to keep his name out of the press, and we also know it was Timothy Harris who gave that watch to Angela Clarkson. If that’s true then it’s abundantly clear Bridget Riley couldn’t possibly have seen her colleague wearing that watch at any time. Therefore, this proves without any shadow of doubt somebody from the Merseyside Police leaned on this woman in order to get her to commit perjury. Knowing this, I can now turn to the evidence of Royston Chambers, because, his confession also includes the watch, and if Thompson had made any kind of confession at all then there would not have been any reference to any kind of watch in it. Therefore reference to the watch in the confession could only have come from one source, and that source was the Merseyside Police.
“Following the loss of the appeal, Lord Chief Justice Lord Stanhope insisted the transcripts of the appeal be sent to the Home Secretary to see if further charges are to be brought, and to order an enquiry into the allegations of the activities of the Merseyside Police. At first, I was going to consider taking no action on this matter until the results of these actions were known, but on reflection I don’t think that’s the best way forward. With an investigation under way, I can’t see a better chance of bringing this out into the open. So I think it would be a good idea to turn this information over to the Home Secretary’s department and let matters take their course from there.
“With particular reference to Timothy Harris, it’s abundantly clear from the file, he committed perjury during his libel trial against the London Independent Newspaper Group where he was awarded a record sum in damages. I need hardly remind you that, in addition, he lied to parliament. It is because of this, I think I should contact the lawyers acting for the London Independent Newspaper Group because I’m sure they will be more than pleased with this information, and they should have no difficulty whatsoever in reversing that verdict. However, that will be entirely up to them.”
“All of these charges are of a very serious nature indeed, and at the conclusion of all the cases there are going to be quite a few lives in ruins. Quite rightly one of these will be Timothy Harris.
“Finally, I’d like to thank you all for being here tonight and as Sebastian said earlier, if anyone has any thoughts on procedure please feel free to let me know as soon as possible.” Feeling quite tired, Irene made her excuses and withdrew from the scene, leaving her colleagues in earnest discussion about all aspects of the case. As she descended the stairs she couldn’t help reflecting that she’d certainly given them food for thought, as well as, plenty to talk about.
Suitably refreshed after a good night’s rest Irene awoke early to the sound of the morning paper falling on the mat. As she had expected the paper contained the story of the failed appeal but the main focus had shifted to the allegations against the Merseyside police force. The editorial comment column was particularly vitriolic, singling out the defence team for the worst of the criticism with banner headlines proclaiming justice had been done, and it was a pity hanging had been abolished. This in turn was followed by an attack on the legal system which, through the legal aid system, not only allowed, but actually encouraged appeal cases such as Thompson’s which were almost certainly doomed to failure. It highlighted the cost to the taxpayer of yesterday’s case, pointing out it was a total waste of money, and the whole system was in need of reform. Irene smiled to herself as she read, and re-read, all the nonsense written in the name of journalism thinking to herself. ‘Boy if you only knew what is coming tomorrow,’ and how these moaning editors will be forced to eat their words. In a very good mood and high spirits, she set off for the office determined she was going to have a good day, and that she was going to enjoy every minute of it.
Timothy Harris was in consultation with Jerome Jerome at the High Court. They were awaiting the pronouncement from the judge that it would be in order to switch off the support systems keeping his wife alive. As they were unaware of the most recent developments in the case, they were under the impression this was just going to be a mere formality.
In due course the proceedings began, and Doctor Peter Woods was called to give evidence before the presiding judge, His Lordship Martin Russell.
“Now Mr. Woods,” began his lawyer, “Can you tell this court what improvement, if any, you have found in your patient since the last hearing?”
His voice was loud and clear as he answered, “Yes I can. Since I attended the last hearing I have to advise you there has been a significant change in the condition of Mrs. Harris. First of all we have established, beyond any shadow of doubt, this lady can hear everything which is going on around her, and she has some movement which allows limited communication. When I say some movement, please allow me to clarify that by saying that Mrs. Harris is able to use one finger; the little finger on her right hand, and through this she is able to communicate with those around her. It’s very limited, and very time consuming. However, we are hoping this is just the start of a much bigger, and general improvement in her well- being.”
The impact and effect of this testimony was very dramatic, and the atmosphere in the court became electric. Amidst the noise, the judge banged his gavel repeatedly shouting, ‘order, order.’ Eventually, order was restored.
The judge looked at the plaintiffs and enquired, “Have you got any questions Mr. Jerome about this most wonderful news?”
“Yes, Your Honour, I have. “On behalf of my client I would like to protest about this so-called improvement in the condition of the patient, on the basis that she is still totally dependent upon those same support systems for life. It is not her hearing, or the movement in her little finger which is keeping her alive now is it? Furthermore, the good doctor here cannot possibly guarantee there will be any continued improvement now, or in the near future, can he? Because of this, I respectfully submit you conclude this hearing in favour of Mr. Harris.”
“Hold on now, Mr. Jerome, the judge replied, “When we were here the last time, I ruled if there was no improvement in the condition of Mrs. Harris within twenty-eight days, I would grant the order in favour of your client. At the time I made that pronouncement, I said that I did so with the utmost regret as I might be seen to be taking life away from somebody, and I found that a very difficult matter for my conscience to live with. I must point out, Mr. Jerome, when I gave that judgement, you made no effort to ask me for any clarification on the point, or question of improvement, or even the degree of it. You did not stand up before me in this court and ask how would any improvement be made, or measured. In fact, you were more than prepared to leave it up to me. Now you see the consequences of leaving the matter in my hands. Thanks to some kind of minor miracle, I am completely satisfied there has been some improvement in the medical condition of Mrs. Harris, and your client’s petition is denied.”
“Bbut Your Honour,” stuttered Jerome.
That was as far as he got, “No buts about it Mr. Jerome. I came here today with a very heavy heart. I am leaving now in the best of spirits, knowing full well a most difficult decision has been taken from me by some form of divine intervention. Consider an appeal if you must, but I must warn you, the mere fact that Mrs. Harris can hear will weigh very heavily against you.”
The jubilant defendants rushed from the court eager to telephone the good news to all concerned.
Once again, the hounds of the press pack were sharpening their pencils in readiness of another field day. Timothy Harris was in the news again, but this time for the wrong reasons. As he left the court building accompanied by his legal team, it was obvious to all observers that Timothy Harris was a far from happy man. Ignoring his lawyer’s advice about hostility from the press, he was busy issuing instructions to reinstate divorce proceedings without delay.
Irene had completed a hectic morning. She had been in contact with the London Independent Newspaper’s legal team, and as a result of the information she had sent by fax, one of their senior lawyers had boarded the first available plane for Manchester and he was due to arrive any minute, via the fast car which had been sent to meet his arrival at the airport. Arrangements had been put in hand for an appeal to the Court of Human Rights, and although this would take quite some time before it would be heard, the process had to begin somewhere.
Elsewhere, things were hotting up. There had been an announcement via the news bulletins that the government had ordered an enquiry into the actions of the Merseyside Police following the allegations of coercion, and corruption, made by the defence. This enquiry was going to be led by officers from the West Yorkshire Police force, and this news was being welcomed by those concerned on Merseyside. In addition, the announcement of the enquiry attracted a great deal of comment in the lunchtime editions of the press which were just beginning to hit the streets.
The car turned into St. Mary’s Parsonage, Manchester, the home of the chambers and offices of Messrs. Kreiff Kreiff and Isaacs and the sole occupant alighted.
As the car sped away, Irene stepped forward offering her hand in greeting saying, “Mr. Atherton, my name’s Irene Yarwood, I’m very pleased to meet you.”
Malcolm Atherton returned the greeting and introduced himself allowing Irene to lead the way to the offices which were normally occupied by Sebastian Krieff. All in good time, the formalities were dispensed with and the meeting got under way. Irene produced the copy of the file which her visitor began to devour with amazing speed, making many remarks and comments as he did so. At times, he could hardly contain himself as he digested the information contained therein and considered the effect on those persons mentioned. When he had finished, he placed the file on the table beside him whilst he found the right words to say, “Well Irene, this is absolute dynamite. How on earth did you get hold of that?”
“Christ Almighty, to think with his lies, that evil little rat Harris almost closed our paper, won record damages, and one way or another, was responsible for the death of the editor of the paper. A fine man who was a close and very personal friend of mine, so I have more than a personal interest in nailing this little lying bastard. My God I just can’t wait to get him in court now.”
Irene could understand how he felt because, to some extent, she shared the same feelings about Timothy Harris and it was certainly time for him to be brought to justice. She smiled briefly as she spoke, “Well Malcolm, that’s what you’ve come all this way for, and that is your certified true copy.” All that remains is, for you and your colleagues to set the wheels in motion with the launch of your appeal against him. We’ll turn the file over to the West Yorkshire Police who think that they have been sent over here on a rubber stamping mission. You can imagine their reaction when they get their grubby little hands on this lot.”
“Indeed I can, he replied, “believe me, I just can’t wait to get started. He stopped briefly to look at his watch, then he said, “I suppose this really calls for a celebration. Why don’t you let me take you out for a spot of lunch? Then I’ll catch the five o’clock shuttle back to London.”
Irene readily accepted this invitation, and offered to allow him to sample the lunch- time delights of the Wig and Gown. Once the lunch was over, Irene said goodbye to her companion for the day, wishing him every success for a speedy conclusion to his newspaper’s appeal. In return, he did the same and they went their separate ways, both filled with eager anticipation of events to come.
The following day, the London Independent formally lodged their appeal in the libel case against Timothy Harris. The lodging of the appeal caused a sensation, but that was nothing compared to the interest generated by the London Independent. As the information filtered into the public domain, the resultant storm slowly gathered strength, it reached hurricane level when it became clear that Timothy Harris had lied to, and misled, parliament. There was no need for any baying hounds from the opposition benches this time. The Prime Minister was the first to react to the news. The errant MP was swiftly summonsed to the Prime Minister’s private office in the commons, there he was told in no uncertain manner he was being sacked, and removed from office with immediate effect. This time, no amount of pleading by Timothy would allow the Prime Minister to relent. Neither was he content to leave his decision in abeyance until such time as the London Independent News appeal was heard.
In all the press, editorial comment on his dismissal followed the same pattern, ‘Good Riddance to a bad apple, rotten to the core.’ For a change, MPs, on all sides of the political spectrum were united in their condemnation of a man who had let the House down in such dramatic fashion. This was mirrored by party supporting newspapers, praising the Prime Minister to the hilt for acting so decisively and with such speed in getting rid of him. Although Timothy Harris was rank bad news, the baying hounds could smell blood; now they wanted blood.
In no time at all it was the day of the libel case appeal. People had come to the courts from all over the country and many had slept out overnight in order to ensure they got a seat. So great was demand, limits were placed on the press allocation and when the court opened it was soon packed to capacity. There was a loud and continuous buzz of excited conversation as everybody waited eagerly for the case to begin.
The appeal was being heard before His Lordship Sir Campbell McKenzie the judge who presided in the original libel trial. Once again the London Independent’s lawyers were Robert Jackson QC and Elizabeth Collins QC. With Jerome Jerome and co. acting for Timothy Harris the stage was set for the finale.
“All rise,” intoned the dull monotonous voice of the usher allowing Sir Campbell McKenzie to stride purposefully into court. Today, it was quite apparent he wasn’t very pleased, and that was an indication to all concerned not to get the wrong side of him.
Without wasting any time, and, equally anxious not to suffer the wrath of this judge, Robert Jackson QC opened the case for the appeal, “My lord, this appeal has been brought before you on the basis that, in the previous libel case, the witness Harris lied on oath and perjured himself, in order to secure the verdict against my clients. During that trial, the defendant Harris denied he had been in the company of Angela Clarkson on or about the night she died. We now have evidence which we shall lay before you, that this was the first lie, perpetrated by Harris. Harris also stated, in his evidence, he had not given Angela Clarkson the gift of a watch, and he allowed a watch to be produced as evidence here before you, knowing that was also untrue. Before I go any further, I should like to point out this new evidence, which is now before you, has been provided by the defendant himself, when he sought to extricate himself from the murder enquiry into the death of Angela Clarkson. So, there can be no doubt whatsoever about the authenticity, or, the validity, of my client’s case.”
Sir Campbell’s face had a look like thunder, and it was clear the source of his displeasure lay in the defendant Timothy Harris. Before anybody could speak, and, in order to silence anybody who dared, his gavel came down with an almighty crash. “Silence!” he ordered, “Silence in this court.” He fastened his gaze upon Timothy Harris, then his gravel filled voice filled the room as he spoke, “Mr Harris, these are very grave and serious charges you are facing, and before this case continues any further, I feel it only fair to warn you that I don’t have much time, or sympathy, with those who come before me and perjure themselves. Let there be no doubt in your mind, if that is the case here, you will be facing a long custodial sentence. After your victory in my court, I can recall the jury awarding you a record sum in damages, and should you suffer any reversal here I will be mindful of that, when I make any award against you. As a result of this and, for the duration of this case, I am going to make an order, before this court, freezing all of your assets. Do you understand?”
Whilst Timothy nodded, Jerome was on his feet. He asked the judge for permission to approach the bench. The judge gave his approval to this request, and both counsel made their approach.
“Well man, what is it? The judge snapped impatiently.
“Your honour I was wondering if we might be able to have a word in chambers about this. My client is fully aware of the wrong he has committed, and he is most anxious to put matters to rights. Even to the extent of admitting his guilt here, and now. He is acutely aware, with his police statements in the possession of the defence, he cannot possibly defend these allegations against him. He would also like to state this is something he will always have to live with and, to his everlasting shame, it is something that he will always regret. In mitigation, he simply wishes to say all this stemmed from his wish to keep his name out of the papers during the police enquiry into the death of the poor Clarkson girl, because of his position in public life. He is most genuinely sorry he did not come into the open at the time, and he now realises, had he done so, none of this would have happened and, whilst he might have had to resign his position in government, he would at least have earned some respect for doing so, even if it meant he sacrificed his career.”
Sir Campbell listened to this impassioned plea, without a trace of emotion, or any change in his facial expression. Announcing a recess whilst he conferred with both parties in his chambers a hush descended on the courtroom as they hurriedly left the court.
Once in the privacy of the Judge’s chambers, Jerome continued from where he had left off, “Your honour, it goes without saying, my client will repay the sum he was awarded in damages, together with accrued interest, and he will also pay the full legal costs of both hearings. Furthermore, if we can reach some agreement here, then there will be quite a considerable saving in costs, but if we have to go through a lengthy, and protracted hearing, there will be a dramatic escalation in costs, which might mean my client would not be able to meet all his obligations.”
Sir Campbell McKenzie looked inquisitively at Robert Jackson QC. and posed the question, “What do you think about this. It’s your clients who have brought the action, and if they will be satisfied with the offer, it’s up to them. However, personally, I don’t think that is the end of it. Is it Mr. Jerome? If you, and your client are thinking this will square matters then, you’d better think again. In the first place, this man had the temerity to come into my court and commit perjury. I don’t mind the two parties striking a fair deal, but there will be no negotiations on any other matters. Do I make myself clear, Mr. Jerome.? Once this hearing is concluded, the papers will be passed to the Director of Public Prosecutions in order to ascertain whether a charge of perjury should be brought against your client.”
A nod from the judge indicated to Robert Jackson QC. that it was his turn to make a contribution to the hearing. He quickly responded, “On behalf of London Independent Newspapers may I say that, if the offers mentioned were put on the table, together with a public apology, then, I don’t think my clients will object. If this case went the full distance, my clients would not benefit by another penny piece, and as we have just been advised, there may not be a big enough pot if the case is prolonged. In that case, if you will let me confer with my clients on that basis I will see what I can do to secure their agreement.”
Sir Campbell was, at last, beginning to mellow, “Well Mr. Jerome,” he said quietly, “I think you’d better go and have a word with your client as well. Tell him what his options are and ensure he fully understands the future which awaits him. Then, we’ll reconvene after lunch.” With a dismissive wave of the hand, Sir Campbell allowed both men to leave for their own consultations.
When the court reconvened after lunch, it was a very different man who appeared in the dock before his Lordship. Timothy Harris looked a completely broken man. He knew before the hearing started that the future for him looked bleak to say the least, but he hadn’t expected it to be as bad as Jerome senior had painted it. By the time this hearing was over, he would be lucky to have any money left at all, added to which there would still be the divorce costs, together with whatever settlement was made.
During the recess, both parties had come to an agreement covering all financial matters. All that remained was for the judge to confirm his agreement to the details. He coughed slightly before he began his address, “Ladies, and gentlemen, in the case of London Independent Newspapers versus Timothy Harris, agreement has been reached with the plaintiffs for the repayment of the sum of two million pounds damages, plus accrued interest. In addition, the defendant Timothy Harris, has agreed to pay all of the costs of the plaintiffs covering both hearings and amounting to one million two hundred and fifty pounds. Mr. Harris has also agreed to issue a public apology to all concerned. All monies were to be lodged, and deposited, with these courts offices within the next seven days. Any non compliance of such agreement will be met with the issue of a warrant for immediate arrest.”
Before bringing this case to a conclusion, I have to point out that the papers are being sent to the Department of Public Prosecutions in order to consider whether, or not, to bring charges of perjury against the defendant Harris. Coming to the end of his speech, he motioned to the usher that proceedings were drawing to a close, and the usher’s familiar cry of, “All rise,” echoed around the courtroom.
This prompted a mad scramble from the assembled press and television reporters to convey their stories to the waiting public. Timothy Harris was now very big news indeed, but for all the very wrong reasons.
The conclusion of the hearing dominated the news and the whole of the national press for quite some time, and it certainly gave the Prime Minister more than a few anxious moments in parliament.
However, this was only the tip of the iceberg. The West Yorkshire police force had descended on Merseyside but this was not to be they easy whitewash they had at first anticipated. Now the file was out in the public domain, some very serious and embarrassing questions were now being posed. Almost immediately, it was announced that the Chief Constable was being suspended on full pay until such time as the investigation was concluded. The same treatment was given to Detective Inspector Taylor as well as Detective Sergeant West. In turn, this led to even more embarrassing questions being put to the government, and the Home Secretary.
Over the next few weeks the press had a feeding frenzy, during which time they devoured every morsel which came their way. Never before had so many had so much to write about because these topics covered greed, corruption, sex, lies and genuine sorrow. Even so, each revelation seemed to add a dimension of its own. Interest in the three suspended police officers had waned a little after it was announced that they had all been certified sick, and too ill to attend the enquiry when summonsed. The feeling amongst the general public at large was with the passage of sufficient time, this would peter out, and the principals concerned would retire to oblivion.
Just as everybody had resigned themselves to a normal life, suddenly, the glare of publicity erupted again. Once again, the spotlight was on Timothy Harris. He was to be tried for perjury, and this was to take place in three months time before his Honour Sir Campbell McKenzie. Following the announcement of this news, Timothy Harris held a series of urgent consultations with Jerome Jerome. He was told, in no uncertain manner, his position from a legal standpoint was almost hopeless, and he should spend his time up to the trial putting all his personal affairs in order, and to prepare himself for the worst.
As a result of the furore caused by the news surrounding the Merseyside police enquiry, no less a person than Lord Chief Justice Stanhope had been in contact with Irene Yarwood. As he had insisted upon sending the transcripts of the appeal hearing to the authorities for investigation, he felt morally obliged to keep himself fully informed of all developments surrounding the case. As a result, he had studied a copy of the secret prosecution file, and he had been appalled at what he saw. As soon as he had read the contents he could see the allegations made in his court concerning perjury, and the false confession, possessed more than a ring of truth about them. If that were the case, then leave to appeal to the House of Lords should have been given to the defence at that hearing. First of all, he communicated with the two judges who had also heard the appeal, and once they confirmed their own agreement that they concurred with this decision, he wasted no time communicating this to the defence.
This news came as a tremendous surprise to Irene, and the defence team. She began by submitting the defence application to that body, citing, under Article Six of The Human Rights Act, the rights of Harry Thompson had been abused when his DNA sample was wrongly used for comparison without his permission being obtained. In support of the application, she also included the evidence of malpractice by the Merseyside Police.