Courting Disaster

Evidence – What’s That?

This little story about my police career in London relates to a most important part of policing and that is ‘the giving of evidence at court’.    For a young officer starting out it can be, and in my case certainly was, a daunting and indeed frightening experience.   In order to familiarise officers with their local Magistrates court, they spend several days sitting in and listening to different cases before being released upon the general public.

Magistrates Courts have two different sets of those presiding as judge, a Bench which consists of two or three non-legal members who are basically independent but really are under the legal control of the Court Clerk.    The other type is a solitary Stipendiary Magistrate who is legally trained and vastly experienced in law.

In our local court we had for the most part, Stipendiarys and the main one in those days was Mr. Neil McElligott.  He could be frightening not only for those appearing before him for trial but more so for young officers giving evidence.    The older officers used to say if Mr. Mac liked you, you were well in..............

He had a way of making headlines even those days before he became the Chief Magistrate in London and was outspoken in regards to anything that he came across during his duties.

In fact, there is a record of a Question in Parliament by an M.P. to the Attorney –General about Mr. Mac which puts it into perspective (It is recorded in Hansard, the record of the House of Commons dated 9 April 1973 vol 854 cc930-1930).

‘The M.P. Mr. Kaufman asked the Attorney-General if he will remove Mr. Neil McElligott from the list of magistrates.   The Attorney-General replied ‘No Sir’.   Mr. Kaufman continued and I will abbreviate the conversation to save time.    He stated that Mr. McElligott’s reputation for prejudicial and intemperate remarks in his court had been capped by his latest statement.  It concerned a woman from the Lebanon who appeared before him for shoplifting.  He said that Mr. McElligott claimed that 75% of shoplifting cases in his court were caused by people from her part of the world who came to London to thieve.    Mr. Kaufman claimed that this was a mass slander against millions of people.

The Attorney General then gave statistics relating to the high percentage of such cases that proved Mr. McElligott’s point.   He added that London has a fascination for such people who had considerable substance who just came here to thieve.  He ended by saying ‘I consider what the magistrate said was justifiable’.

Another M.P. added that ‘......there was scarcely a magistrate more highly regarded than Mr. McElligott’.   The Attorney General added ‘I am glad to hear that.....’.

This is just one sample of hundreds of such statements Mr. Mac made over the years and this was the man who would be hearing my evidence in upcoming cases.

The thought scared me silly...............

My first case before him was an African man who I had reported for failing to stop whilst driving for a red traffic light.   He pleaded ‘Not Guilty’.   I gave my evidence before Mr. McElligott and when I came to what the man said when I pointed out the offence, Mr. Mac looked puzzled.   You see, the man had said ‘The rowboat was purple’ and I had recorded it immediately.   Mr. Mac asked “He said what officer?”   When I repeated the sentence, Mr. Mac merely shrugged his shoulders.

The man then entered the witness box and began to speak in a strong African accent.   He said that when he drove up to the lights ‘The rowboat was purple and not red’.   After several questions by Mr. Mac it transpired that the man was calling the actual traffic light standard a ‘robot’ and that the light was not red but orange which he called ‘purple’.    The smile on Mr. Mac’s face was delightful.    I think he fined the man a few pounds but then called me over to his chair and whispered to me   ‘Congratulations officer, you got it right, word perfect, well done’.

As luck would have it, the following week I appeared before Mr. Mac again but this case was one of indecency.   The woman involved was, with the greatest respect to her, as thick as two short planks.   However, the man was a local businessman and they were charged with committing ‘an indecent act’.   I will not elaborate.

This time I was so nervous that I think I was actually trembling and whilst holding my note book in which I had my evidence, it was obvious to everyone by the way it was shaking that I was almost ready to faint.   However, Mr. Mac was sitting and immediately came to my rescue.   Incidentally, the man and woman had pleaded Not Guilty and the man was represented by an expensive Barrister.

Mr. Mac began:  “Right Officer BrayheadMike, I know you have a wonderful soft Irish accent but this time I want you to speak up so that everyone can hear what you have to say.   Next I want you to take that note book you are holding and throw it as far down the court as you can.   Go ahead, do it now”.   I did, I threw my notebook which contained all my evidence into the well of the court.

Mr. Mac continued:  “Right next thing is, you can forget what they taught you in Police College, just tell me in your own words what you saw and what you heard”.

I was amazed, and looking straight at the Magistrate, I went into my evidence.   Every now and again Mr. Mac would say words like “Oh no: Are you sure? You saw what? and similar short questions.   I was now not in fact giving evidence but I was merely having a chat with Mr. Mac.     

He asked me “Was he wearing a belt of braces?”   I remember saying “I haven’t got the faintest idea sir because I wasn’t looking at that, but I swear to God, I could see what they were doing”.   Mr. Mac replied “Are you making all this up as you go along?”    I was truly shocked at even being asked the question.   I looked him straight in the face and said with a hurt note in my voice “I never lie sir, never, I swear to God”.

The Barrister had been listening while all this went on and as I had now finished ‘my story’, he stood up.   Before he could speak a word, Mr. Mac raised his index finger and said “Before you ask the officer a single question, I believe every word he says.   May I suggest you speak to your client and if an apology is forthcoming, this case can be resolved in a satisfactory manner”.    He took about ten seconds to speak to his client then said to the Magistrate.   “Sir, we now change our plea to Guilty and ask for the mercy of the court”.

They were both fined ten pounds which was quite a lot in those days.    This time Mr. Mac did not say anything to me but when I looked at him he give me a wonderful smile and one hell of a big wink.

The Court Inspector who had been listening throughout and had recovered my note book took me aside and said “Congratulations Mick, you are now in Mr. Mac’s good books.   Just don’t spoil it by getting too cocky”.

So.........that was my introduction to the gentle Mr. Neil McElligott without doubt one of the most famous East End Magistrates of all time who would continue to nurture me throughout my uniform career until I joined the supposedly ‘elite’ CID – Criminal Investigation Department.

God rest you Mr. Mac one of the truest gentlemen I have met in my life.......

------Mike-----