43
THE COURTROOM was packed, the two combatants ready. All that was needed was for the bell to ring so the first punch could be landed.
On one side of the ring sat Mr. Trelford, who was going over the order of his questions for the last time. Giles, Emma, and Seb sat behind him, talking quietly, making sure they didn’t disturb him.
Giles looked up as a police constable entered the courtroom, walked across to counsel’s bench and handed Mr. Trelford an envelope. The word URGENT was written below his name. Trelford opened it, extracted a letter, and read it slowly. Giles learned nothing from the expression on the barrister’s face, but he recognized the familiar green portcullis crest at the head of the paper.
Sir Edward sat alone with his client on the other side of the ring, delivering his final instructions. “Be calm, take your time before answering each question,” he whispered. “You’re not in a hurry. Face the jury, and never forget that they are the only people in the room who matter.”
The crowd fell silent, and everyone rose when the bell rang for the first round and the referee entered the ring. If Mrs. Justice Lane was surprised to find the press and public galleries of her courtroom packed on a Monday morning, she didn’t show it. She bowed, and everyone in the well of the court returned the compliment. Once they’d all settled back into their seats, with only Sir Edward still standing, she invited the eminent silk to call his first witness.
Virginia walked slowly up to the witness box, and when she took the oath, she could barely be heard. She wore a black tailored suit that emphasized her slim figure, a black pillbox hat, no jewelery, and little makeup, clearly wanting to remind all those present of Major Fisher’s untimely death. Had the jury retired there and then to deliver their verdict, the result would have been unanimous, and Sir Edward would happily have settled for that.
“For the record, would you tell the court your name and where you live,” asked Sir Edward, as he adjusted his wig.
“Virginia Fenwick. I live alone in a modest flat in Cadogan Gardens, SW3.”
Giles smiled. My name is Lady Virginia Alice Sarah Lucinda Fenwick, only daughter of the ninth Earl of Fenwick, and I have homes in Scotland and Tuscany, and a large apartment on three floors in Knightsbridge, with a butler, maid, and chauffeur, would have been more accurate.
“Can I confirm that you were formerly married to Sir Giles Barrington, from whom you are now divorced?”
“Sadly yes,” said Virginia, turning toward the jury. “Giles was the love of my life, but his family never considered me good enough for him.”
Giles would have happily throttled the woman, while Emma wanted to jump up and protest. Mr. Trelford crossed out four of his well-prepared questions.
“But despite that, and all you’ve been put through, you still don’t bear a grudge against Mrs. Clifton?”
“No, I do not. In truth, it was with a heavy heart that I finally issued this writ, because Mrs. Clifton has many admirable qualities, and has unquestionably been an outstanding chairman of a public company, making her a role model for aspiring professional women.”
Mr. Trelford began to write out some new questions.
“Then why did you issue the writ?”
“Because she accused me of wilfully attempting to destroy her family company. Nothing could be further from the truth. I simply wanted to know on behalf of ordinary shareholders, like myself, if one of her directors had disposed of all his stock the weekend before the AGM, because in my opinion that would have greatly harmed the company. But rather than answer my question, she chose to belittle me, giving everyone in that crowded hall the impression that I didn’t know what I was talking about.”
“Word perfect,” said Giles under his breath, which caused Mr. Trelford to smile. He turned and whispered, “I agree, but then while Sir Edward is on his feet, she knows what questions to expect. She’ll have no crib sheet to rely on when I cross-examine her.”
“In particular,” continued Sir Edward, “you are referring to Mrs. Clifton’s reply to the quite valid question you raised at the AGM.”
“Yes. Rather than answer that question, she decided to humiliate me and ruin my reputation, in front of a packed audience, many of them my friends. I was left with no alternative but to seek the recourse of the law.”
“And you were referring on that occasion, not to Major Fisher, as Mrs. Clifton erroneously suggested, but to Mr. Cedric Hardcastle, who, as you pointed out, sold his entire stock over the weekend before the AGM, thus placing the company in jeopardy.”
“That is correct, Sir Edward.”
“Did she really just flutter her eyelids?” whispered Giles.
“And the late Major Fisher was one of your financial advisors?”
“Yes, and whenever he recommended I should buy or sell shares, I followed his advice. I always found him honest, trustworthy, and utterly professional.”
Emma couldn’t bring herself to look at the jury. Giles did, to find they were hanging on Virginia’s every word.
Sir Edward lowered his voice, like a great thespian demanding silence before he delivered his closing line. “Let me finally ask you, Lady Virginia, if you have any regrets about issuing this libel writ against Mrs. Clifton?”
“Yes, I do, Sir Edward. The tragic and unnecessary death of my dear friend, Major Alex Fisher, makes the outcome of this trial unimportant. If by withdrawing this action I could have saved his life, I would have done so without hesitation.” She turned to the jury, took a handkerchief from her sleeve, and dabbed away an imaginary tear.
“I am sorry you have been put through this ordeal, Lady Virginia, so soon after the death of your friend and advisor Major Fisher. No more questions, my lady.”
If they had been alone together in chambers, Trelford would have congratulated his learned friend on a quite masterful cross-examination. He opened his file to see the words Giles had advised, written at the top of the first page. MAKE HER LOSE HER TEMPER. He then looked down at his first question, newly minted.
“Lady Virginia,” he said, emphasizing the word “lady,” “you told the court of your admiration for Mrs. Clifton, and your devotion to her brother Sir Giles Barrington, but despite that, you didn’t invite a single member of the Barrington or Clifton families to attend your wedding to Sir Giles.”
“That was a shared decision, Mr. Trelford. Giles felt every bit as strongly about it as I did.”
“If that is the case, Lady Virginia, perhaps you could explain your father’s words at the time of the wedding, recorded in the Daily Express by William Hickey: My daughter was ready to call off the whole thing if Giles hadn’t agreed to her demands.”
“Gossip column tittle-tattle, written to sell newspapers, Mr. Trelford. Frankly, I’m surprised you feel the need to resort to such tactics.”
Sir Edward couldn’t resist a smile. His client had clearly seen that one coming.
“And later, in your evidence,” said Trelford, moving swiftly on, “you went on to blame Mrs. Clifton for your divorce.”
“She can be a very determined woman,” said Virginia, “as I’m sure you yourself have discovered.”
“But surely your divorce had nothing to do with Mrs. Clifton, but was rather caused by the quarrels you had with your husband about him being cut out of his mother’s will?”
“That is not true, Mr. Trelford. Giles’s inheritance never interested me. I married him for richer, for poorer, and frankly, since you mention it, I was richer than he was.”
This caused enough laughter in court for the judge to scowl menacingly down from her bench.
“So it wasn’t you who insisted that Sir Giles should issue a writ against his own sister, disputing the validity of his mother’s will? That was another shared decision?”
“No, that was Giles’s decision. I think I advised against it at the time.”
“Perhaps you’d like to reconsider that answer, Lady Virginia, as I can always call Sir Giles as a witness, and ask him to set the record straight.”
“Well, I admit that I felt Giles had been treated rather shabbily by his family, and that he had the right at least to question the validity of his mother’s will, as it had been rewritten while the poor lady was in hospital, only days before she died.”
“And what was the court’s decision on that occasion?”
“The judge came down in favor of Mrs. Clifton.”
“No, Lady Virginia, he did not. I have Mr. Justice Cameron’s judgement to hand. He ruled that the will was valid, and that Mrs. Clifton’s mother was of sound mind when she executed it. Which is particularly relevant, considering what she had to say about you at the time.”
Sir Edward was quickly on his feet.
“Mr. Trelford,” said the judge sharply, before Sir Edward could offer an opinion, “we have already traveled down that road and it came to a dead end. Do I make myself clear?”
“I apologize, my lady. Would you have any objection to my asking Lady Virginia if I could read out—”
“Yes, I would, Mr. Trelford. Move on,” she said sharply.
Trelford glanced across at the jury. As it was clear from the looks on their faces they had ignored the judge’s instruction not to read any newspaper reports of the case and must have been well aware of what Mrs. Clifton’s mother thought of Lady Virginia, he was happy to obey the judge’s wishes and to move on.
“Lady Virginia, are you aware that despite the learned judge’s ruling in favor of Mrs. Clifton and her sister, Dr. Grace Barrington, they both agreed that their brother could go on living at their family home in Gloucestershire, as well as at the London house in Smith Square, while Mrs. Clifton and her husband continued to reside at their more modest Manor House?”
“I have no idea what Giles’s domestic arrangements were after I divorced him for adultery, let alone what Mrs. Clifton was up to.”
“You had no idea what Mrs. Clifton was up to,” repeated Mr. Trelford. “In which case, Lady Virginia, you must have either a very short or a very selective memory, because only a few moments ago you told the jury how much you admired Mrs. Clifton. Allow me to remind you of your exact words.” He slowly turned back a page of his file. “‘Emma has many admirable qualities, and has unquestionably been an outstanding chairman of a public company, making her a role model for aspiring professional women.’ That wasn’t always your opinion, was it, Lady Virginia?”
“My opinion of Mrs. Clifton has not changed, and I stand by what I said.”
“Did you purchase seven and a half percent of Barrington’s stock?”
“Major Fisher did on my behalf.”
“For what purpose?”
“As a long-term investment.”
“And not because you wanted to take a seat on the board of the company?”
“No. Major Fisher, as you well know, represented my interests on the board.”
“Not in 1958 he didn’t, because in that year you turned up at an Extraordinary General Meeting of Barrington’s in Bristol, claiming your right to sit on the board and to vote on who should be the company’s next chairman. For the record, Lady Virginia, who did you vote for?”
“I voted for Major Fisher.”
“Or do you mean you voted against Mrs. Clifton?”
“Certainly not. I listened to both their presentations most carefully and decided on balance in favor of Major Fisher, rather than Mrs. Clifton.”
“Well then, clearly you have forgotten what you said on that occasion, but as it was recorded in the minutes of the meeting, allow me to remind you. I don’t believe that women were put on earth to chair boards, take on trade union leaders, build luxury liners, or have to raise vast sums of money from bankers in the City of London. Hardly a ringing endorsement for aspiring professional women.”
“Perhaps you should read on, Mr. Trelford, and not be quite so selective in your quotations.”
Trelford looked beyond the paragraph he’d underlined, and hesitated.
Mrs. Justice Lane gave him a nudge. “I would like to hear what else Lady Virginia had to say on that occasion.”
“And so would I,” said Sir Edward, loud enough for everyone in court to hear.
Trelford reluctantly read out the next couple of lines. “I shall be supporting Major Fisher, and I only hope that Mrs. Clifton will accept the major’s generous offer to serve as his deputy.” Mr. Trelford looked up.
“Please keep going, Mr. Trelford,” prompted Lady Virginia.
“I came here with an open mind, willing to give her the benefit of the doubt, but sadly she has not lived up to my expectations.”
“I think you’ll find, Mr. Trelford,” said Virginia, “that it’s you who has either a very short or a very selective memory, not me.”
Sir Edward applauded, although his hands didn’t actually touch.
Mr. Trelford quickly changed the subject. “Shall we move on to Mrs. Clifton’s words which you claim were libelous and belittled you?”
“I’m quite happy to do so.”
“If it was your intention to bring the company down, Lady Virginia,” continued Trelford, as if he hadn’t been interrupted, “then … you have failed, and failed lamentably, because you were defeated by decent ordinary people who want this company to be a success. Now, Major Fisher admitted that he carried out his dealings in Barrington’s shares simply to make money, which in his case was illegal—”
“In his case, but not in mine,” said Lady Virginia. “In my case he was simply acting on my behalf. For all I know, he was giving exactly the same advice to several other clients.”
“So Major Fisher was not a close friend, who kept you in touch with what was happening on the board of Barrington’s, but simply a professional advisor?”
“Even if we were friends, Mr. Trelford, when it came to business matters, everything he did on my behalf was conducted at arm’s length.”
“I would suggest, Lady Virginia, that when it came to business matters, far from being conducted at arm’s length, it was very much hands-on, and, just as Mrs. Clifton suggested, the two of you planned on three separate occasions to try to bring the company down.”
“Mr. Trelford, I think you are confusing me with Mr. Cedric Hardcastle, a director of the company, who sold all his stock over the weekend before the AGM. When I asked Mrs. Clifton a perfectly legitimate question about who that director was, she seemed to have conveniently forgotten his name. Someone else with either a very short or a very selective memory.”
Sir Edward’s smile was growing broader by the minute, while Trelford was sounding less and less assured. He quickly turned another page.
“We all regret the tragic death of Major Fisher…”
“I certainly do,” said Virginia. “And as I said earlier, which I’m confident you will have recorded word for word, Mr. Trelford, I would never have considered issuing a writ in the first place if I had thought even for a moment that it could have resulted in the tragic and unnecessary death of my dear friend.”
“I do indeed remember your words, Lady Virginia, but I wonder if you noticed that just before proceedings opened this morning, a policeman entered this court and handed me a letter?”
Sir Edward edged forward in his seat, ready to pounce.
“Would it surprise you to know it was addressed to me, and that it was from your dear friend, Major Fisher?”
If Mr. Trelford had wanted to go on speaking, his words would have been drowned out by a cacophony of noise that came from all corners of the courtroom. Only the judge and the jury remained impassive. He waited for complete silence before he continued.
“Lady Virginia, would you like me to read out to the court the last words your dear friend Major Fisher wrote, moments before he died?”
Sir Edward leaped up. “My lady, I have not seen this letter in the bundle of evidence, and therefore have no idea if it’s admissible or even authentic.”
“The blood stain on the envelope would suggest its authenticity, my lady,” said Trelford, waving the envelope in front of the jury.
“I haven’t seen the letter either, Sir Edward,” said the judge, “so it certainly isn’t admissible as evidence until I say so.”
Trelford was quite happy for them to go on discussing the legal niceties as to whether the letter was admissible or not, well aware that he had made his point without having to produce any evidence.
Giles studied the sphinx-like expression on Trelford’s face and couldn’t be sure if Emma’s counsel even wanted the letter to be read out in court, but following what had started out as a triumphant morning for Lady Virginia, he had once again sown a seed of doubt in the jury’s minds. Everyone in the court’s eyes were on him.
Mr. Trelford tucked the envelope back into an inside pocket of his jacket. He smiled up at the judge, and said, “No more questions, my lady.”