Page 3 of The Accused


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My Lord, we call our first witness, Chief Inspector Payne.

Usher Call Chief Inspector Payne.

Guard Chief Inspector Payne.

The Usher stands and announces Chief Inspector Payne, as he will do for all ather witnesses from the lobby outside the double doors. He then shuts the door and returns to his seat. The Chief Inspector enters and takes his place in the witness box. Whenever witnesses speak, they should face the jury - the audience.

Usher Take the testament in your right hand and read from the card.

Payne I swear by Almighty God that the evidence I shall give shall be the truth, the whole truth and nothing but the truth.

Kersley Is your name Alan Payne and are you a Detective Chief Inspector with the Central Area major incident team?

Payne Yes, I am, sir.

Kersley Chief Inspector, can you tell the court how you became involved in this case.

Payne (Checks his notebook and faces the Judge.) May I refer to my notebook, My Lord?

Judge (nods) You may, Chief Inspector.

Payne On the evening of March the twenty-first 1999 we received an emergency call at Wimbledon police station, from a Mr Albert Webster, the porter of a block of flats in the division. He informed us that he thought a burglary had taken place and, as there had been several in the area recently, we immediately went round to Arcadia Mansions to investigate.

Kersley And what did you find when you arrived at the Sherwoods’ flat?

Payne I found Mrs Sherwood lying on the floor, covered in a blanket. She was sobbing and holding up her right arm, which appeared to be badly bruised. I assumed that she must have taken an intruder by surprise, but when I asked her what had happened she was incoherent. She kept pointing to a glass of wine on a side table. A few moments later an ambulance crew arrived and after they had examined her, told me that she must be taken into hospital immediately.

Kersley Did you follow the ambulance to St George’s?

Payne No, my first priority was to take a statement from the porter before checking over the flat.

Kersley And once you had done that, were you still of the opinion that a burglary had taken place?

Payne No, I was puzzled. There was clearly evidence of a struggle, but I could find no sign of a forced entry. All the locks and windows were intact, with the exception of a kitchen window, which led on to the fire escape and was slightly open. No drawers appeared to have been left open, which is what one would expect if a burglary had taken place.

Kersley Did anything else arouse your suspicions?

Payne A rubber glove that had been dropped on the kitchen floor, and I was also curious about the glass of wine Mrs Sherwood had been pointing to, so I instructed forensics to have the glove and the wineglass sent to the lab for testing.

Kersley Did you then go to the hospital?

Payne Yes, as I hoped Mrs Sherwood might have recovered sufficiently to answer some questions.

Kersley And was she able to do so?

Payne No, she died a few minutes after I arrived at St George’s.

Kersley And the cause of death, Chief Inspector? How was it entered on the death certificate?

Payne Congestive cardiac failure, but as Mrs Sherwood had suffered in the past from (Checks his notebook.) atherosclerosis, her heart attack was not considered to be suspicious.

Barrington My Lord, I apologise for interrupting, I simply wish to seek your guidance.

Judge (suspiciously) Yes, I’m listening, Sir James.

Barrington Is the Chief Inspector a qual

ified medical practitioner? Because if he isn’t, perhaps we could dispense with his medical opinions and stick to the facts in this case.

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