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A Rouge Barrister

James Williams is one of the best barristers currently practicing in England. But when a case lands on his desk, along with a suspicious brown package, can James do what is right? Or will he use the evidence for his personal gain?

By Andrew FlanaganPublished 3 years ago Updated 3 years ago 10 min read
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A Rouge Barrister
Photo by Ben Rosett on Unsplash

To some I am a miracle worker, to others, I am the scum of the Earth. Well, both those opinions can be true depending on who my client is, and as for today? Today my client is thirty-five-year-old Anthony Mills, an elegy murder and pedophile. So already I know which of the two opinions are going to be flung around the media today and for the next six weeks.

Going through law school I never imagined that I would ever be more than a mediocre barrister in England, but for the last five years, I have been one of the best.

Unfortunately with that comes the defendants I sometimes defend, especially when that defendant happens to be a well-known public figure who is paying me my full retainer.

I look at my client up and down as he sits in the cells underneath the Old Bailey.

My suit is the same as always a rouge tie, paired with a black suit. Once I got the nickname the rouge barrister, I think it was because of the tie, that or a typo in a mjor newspaper.

“What are my chances?” He nervously asked in his brand new suit, with his hair nice and groomed.

I look him dead in the eyes. “Always fifty, fifty” I respond. “The law is not about who is right, but who can convince the jury of their version of events better. I have seen the jury and there is a good mixture, may work in our favor.” I respond trying to stop him from blowing his top. I know he is guilty, it is written all over his face. But I am being paid well over two million pounds for my work so I will do my best for him.

The time goes by and I head into the courtroom my arena, where I lay the blame everywhere I can to help my client. But I know when kids are involved and especially when it is a young three-year-old, all bets are off.

My client walks into the courtroom, chains clinking as he is stood next to me. Tension fills the air as those who are in the room, burrow their eyes deep into the back of the accused’s head.

“It will be fine I whisper.” Before listening to the open arguments. Now is my time to shine.

“Thank you ladies and gentlemen for being here today. I know this will be a tough matter for you to hear. No one ever likes being in this room when children are involved, but alas we are. You are going to be told a grand story by the prosecution, one that paints a horrid picture of the accused. A jigsaw where all the pieces fit perfectly together, which shows the accused as a monster. But ladies and gentleman as we all know, in life jigsaw pieces, do not always fit together nicely as the prosecution would have you believe but instead, this defense will show, that no matter how much the prosecution try to shove the pieces together they simply will not fit. I thank you in advance for what I know will be a tough trial. But I hope that like in your home lives, you will be fair, just, and honorable when deliberating the truth of the accused.” I take a deep breath all eyes firmly on me, where I love them. I look to the judge as I sit down opening statement complete now the true battle will begin over the next six weeks.

***

“We are getting beaten out there,” Anthony shouts as I sit there across from him. This is the part I am used to. It is always funny to me, how the accused immediately turns on his own team when the prosecution brings out what I know to be the facts. But they do not know about the trick I have up my sleeve, neither does the client, that is how I like it.

The game of law is not fair, it never has been, the jury are human and that is all, they have feelings, and thoughts just like the rest of us. “Be patient, we are up to bat now, we are in control.” I smile trying to relax the glittering accused. The media have condemned him already. I have been attacked daily for defending a monster. But even a monster deserves a fair trial… Or at least that is what the Human Rights Act 1998 says.

I once again leave and head upstairs where I meet my long-time friend and prosecutor on the case. “I think we can safely say he is guilty can we not?”He smirks knowing he has the upper hand. “As I have always told you innocent until proven guilty. So far you have not done that beyond a reasonable doubt.” I answer back trying not to raise my voice. My old friend knows he has me on the ropes, it does not take a rocket scientist to know that, but that is where I have my little trick.

“The court is now in session.” Comes the call and silence once again ensues. “Mr. Williams, the floor is all yours, call in your first witness.” The judge bellows out. “Thank you, your honor.” This is how it starts. “I call Casey Higgins to the stand.” There is silence as the young woman, dressed in a white blouse and a grey pan suit walks in and is sworn in. I look at her closely as I stand behind my table. Unlike in America where they get to walk around, we are confined to our tables. “Thank you for coming Ms. Higgins. Can you explain to the court who you are, in relation to the accused?” I ask nicely as possible. She looks up “He was a stranger that I once had a one-night stand with.” She states in front of a shocked courtroom. Now I have everyone's attention. “Your honor this morning I had this package dropped on my desk, having seen the contents as something which proves the accused innocence I would like to admit it into this courtroom,” I say with a smirk on my face. “Objection.” Screams the prosecution, I know what I was doing was wrong. This small brown parcel landed on my desk two weeks ago, the brown package stands at no more than five centimeters high and ten centimeters wide. I am sure that it will not be allowed in the court, but just its mention could swing the jury.

The court is quickly emptied by the judge. Everyone is out except for me, the judge, and the prosecution. “I have seen some dirty moves from you Williams, but this takes the biscuit.” The prosecution screams. “Silence.” Whispers the judge. “You are on very thin ice here. I may have to call a mistrial.” The judge finishes. “Your honor, this came to me this morning, it contains a note from Ms. Higgins to the accused, stating that she was with him that night and thanked him for such great intercourse. As we know the murder and rape of the young victim happened at midnight. That God-awful CCTV that the prosecution claims could be anyone now beyond a reasonable doubt is the accused. He is innocent your honor. If I would have had this sooner, I would have opened it for discovery, but it came to me last minute.”

I know this is a lie and could get me thrown off the register and disgraced, but I never got to the top by playing fair. I watch as the judge considers this unexpected brown box and sighs.

“I cannot see a reason not to allow it. But the prosecution will be able to cross-examine the defense's witness about this.” I nod my head, knowing that I have already prepped her for this.

I can see the prosecution is angry, but now I have a case to win, a case that has swung in my favor. The jury are brought back in. Now every single person looks at me. Once again it is my time to shine.

“Ms. Higgins” I begin by raising my voice to gain everyone's attention. “Can you explain to me what happened on the night of the murder?” I look directly at her, “come on as we rehearsed.” I think, trying to use the power of osmosis to pass my thoughts.

“I can, at around eight in the evening, me and Anthony… the accused were at his house having sex, we were there all night & even ordered a take away around eleven. I fell asleep around one in the morning and left his house nine the next morning.” She bows her head. Inside I am smiling like a Cheshire Cat.

“So then it is impossible for the accused to commit the crime?” I ask, already knowing the answer. “Yes, yes it is.” She replies.

“I would like to show the new exhibit, which I have named exhibit D five three two. It is a brown package, badly wrapped, which was placed on my desk this morning. Ms. Higgins, do you know what this is? If so can you explain to the fine members of the jury what it is?” I ask, already knowing the answer again.

She nods, “yes, that is a note I left the accused after our night together, when I heard on the news about everything that had happened I was disgusted, I knew he did not do it I was with him that night. I remember going through my bag just yesterday and I found the note that I thought I had left at his house. I could not hand it in, so I wrapped it up hastily in a brown box that I had lying around and had a friend deliver it this morning. I can not see an innocent man go to jail like this. I am just glad that the note was forgotten.” She smiled as she spoke making good eye contact with the jury.

“No further questions your honor,” I say knowing that I now have that reasonable doubt.

*****

A week on from this shock discovery and it was time to hear the verdict. Just hours before I had sat with my client in the cells. “The jury has taken a while, what does that mean.” He says I sigh, this is the question I always get asked. “It means they are still deciding.” I always say although I am sure we will win.

Now we wait in the courtroom, as the jury files back in, I try to see what they are going to say by their facial features, but I just can never tell.

The judge is now ready. “Has the jury come to a verdict on which all agree.” He bellows out, the foreperson stands up. “We have your honor.”

“On count one the rape of Milly James we find the defendant… not guilty.” Those words ring around the courtroom as the murmurs begin. “Quiet.” The judge yells.

“On count two the first-degree murder of Milly James, we find the defendant not guilty.” The foreperson finished. Crying from the parents can be heard. I nod at my client who is told he is free to go.

“Your free Mr. Mills, have a good life.” I say knowing that I do not mean it at all, hoping that one day he does get everything he deserves.

In my heart of hearts I know he is guilty, and I know I did not play by the rules of law. But thankfully that brown paper package that looked suspicious and was enough of a shock to the prosecution was my win. That is all that matters.

I know it may be wrong, but I always have to put myself first, guess that’s why you can call me a rouge or yet better a rogue barrister.

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Andrew Flanagan

Mindset & Business Coach:

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