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“Then let’s begin by looking at the facts of the case as objectively as we can. You either did, or did not, sell, and later buy back, a large number of Barrington’s shares with the sole purpose of harming the company.”
“Why would I want to harm the company?”
“Why indeed. I should mention at this juncture that it will be the other side’s responsibility to prove that you did, and not ours to prove that you didn’t. Nevertheless, on three separate occasions, which coincided with the company having to announce bad news, you sold shares at their peak, and then ten days later when they had fallen in price you returned to the market and repurchased them. Is that a fair assessment?”
“Yes. But I only did so after taking Major Fisher’s advice.”
“I think you should avoid mentioning Major Fisher when you’re in the witness box.”
“But he’s a Member of Parliament.”
“Perhaps this is the time to remind you, Lady Virginia, that lawyers, estate agents, and MPs are only just behind tax collectors in the opinion of most jurors.”
“But why shouldn’t I mention it, when it’s the truth?”
“Because Major Fisher was a director of Barrington’s at the time you sold and repurchased the shares, and as he was your representative on the board, the jury won’t be in any doubt where you were getting your information from. With that in mind, I shall be advising you not to call Major Fisher, although it might be wise for you to alert him to the possibility of his being called by opposing counsel. If I were them, I would subpoena him.”
Virginia looked anxious for the first time.
“And then, at a later date,” continued Sir Edward, “you purchased a large holding in Barrington’s in order to take your place on the board, at a time when the company was selecting a new chairman.”
“Yes. Major Fisher was my choice to chair the board.”
“That’s something else I must advise you against mentioning in the witness box.”
“But why? I thought Major Fisher would make a better chairman.”
“Possibly, but a jury of twelve ordinary citizens selected at random may well feel you were pursuing a vendetta against Mrs. Clifton, which would suggest that your original purpose in buying and selling the shares was indeed to harm her and the company.”
“I simply wanted the best-qualified person as chairman. In any case, I still don’t think a woman is capable of doing the job.”
“Lady Virginia, try to remember that it’s likely half the jury will be women, and such an observation will not exactly endear you to them.”
“This is beginning to sound more like a beauty contest than a trial.”
“If you think along those lines, Lady Virginia, you won’t go far wrong. Now, we must also assume that the other side will call your former husband Sir Giles Barrington as a witness.”
“Why? He wasn’t involved in any way.”
“Except that all these transactions took place after your divorce, and your choice for chairman just happened to be the man who twice stood against him at general elections, which the jury may feel is one coincidence too many.”
“But even if they did call Giles, how can he possibly help their cause? He’s an ex-husband, an ex-MP, and an ex-minister. He hasn’t exactly got a lot going for him.”
“All that may well be true,” said Sir Edward, “but
I have a feeling he would still impress the jury.”
“What makes you say that?”
“He has a great deal of experience as a public speaker, and the dispatch box prepares one well for the witness box. So we can’t afford to underestimate him.”
“But the man’s a loser,” said Virginia, unable to control her feelings.
“I must stress that any personal attacks on the other side will play into their hands, so please remember to remain calm when you’re giving evidence, and play to your strengths. You are the injured party, someone who doesn’t understand the ways of the City and who wouldn’t have the first idea how to bring a company down.”
“But that will make me appear weak.”
“No,” said Sir Edward firmly, “that will make you appear vulnerable, which will work in your favor when the jury see you’re up against a shrewd, tough businesswoman.”
