William Clegg - Under the Wig: A Lawyer’s Stories of Murder, Guilt and Innocence

ABOUT THE AUTHOR

William Clegg QC is a lawyer in England specialising in serious crime. He is head of chambers at 2 Bedford Row and has fought more than 100 murder cases more than anyone else currently practising at the English Bar.

TITLE

UNDER THE WIG

A Lawyers Stories

of Murder, Guilt and Innocence

William Clegg QC

COPYRIGHT

First published by Canbury Press, London, in 2018

This ebook edition published in 2018 by

Quercus Editions Ltd

Carmelite House

50 Victoria Embankment

London EC4Y 0DZ

An Hachette UK company

Copyright 2018 William Clegg

The moral right of William Clegg to be

identified as the author of this work has been

asserted in accordance with the Copyright,

Designs and Patents Act, 1988.

All rights reserved. No part of this publication

may be reproduced or transmitted in any form

or by any means, electronic or mechanical,

including photocopy, recording, or any

information storage and retrieval system,

without permission in writing from the publisher.

A CIP catalogue record for this book is available

from the British Library

EBOOK ISBN 978 1 52940 123 3

Every effort has been made to contact copyright holders.

However, the publishers will be glad to rectify in future editions

any inadvertent omissions brought to their attention.

Quercus Editions Ltd hereby exclude all liability to the extent

permitted by law for any errors or omissions in this book and

for any loss, damage or expense (whether direct or indirect) suffered

by a third party relying on any information contained in this book.

Cover design 2018 www.mokerontwerp.nl

Author photo 2018 Canbury Press

www.quercusbooks.co.uk

DEDICATION

For my wife Gay

and

my children and step-children

Joanna, Peter, Robert & Candice

CONTENTS

INTRODUCTION

How can you defend a man

like that?

How can I defend someone who I know is guilty? Its the question I am asked the most often. It is really a velvet glove on some finger-pointing: how can I, a decent man, speak up for a rapist or murderer? How can I put my professional skills and intellect at the disposal of someone who has committed such a terrible crime?

All advocates are asked this question, perhaps me more than most because of the nature of my career. I have defended more than 100 people accused of murder, probably more than any other lawyer practising in England. The first thing to say is that in English law to defend somebody who I know in the strict sense of the word is guilty is not allowed. If the client tells me they are guilty, I must not tell a court they are innocent.

For crimes such as fraud or drugs, a client may freely acknowledge what they have done and plead guilty, perhaps after I have pointed out the strength of the case against them and told them of the reduced sentence that greets a guilty plea. This happens often; I dont varnish the facts.

Murder, though, is different. Murder is killing someone with the intention of causing them serious harm or death and a sentence of life imprisonment automatically follows for anyone who pleads guilty or is convicted by a jury. The most that is given is a minor reduction in the tariff, the minimum jail time that must be served before parole is considered, which is little incentive to admit guilt.

So a client will not usually tell me they have committed murder. They may, however, tell me that they did the killing, but in circumstances that would generate a partial or complete defence. For instance, they may say they were acting in self-defence which is a complete defence to murder and will absolve guilt for a killing.

Or they may rely on one of several defences unique to murder, which will reduce the offence to manslaughter, making the sentence at the discretion of the judge. So my client may admit they did the act, but claim that they were provoked, which is a partial defence. Or they may say there were suffering from an abnormality of the mind such that they had diminished responsibility, which also reduces the offence to manslaughter. So I have to weigh up all the evidence to see which defences may be open.

I like to meet a client as soon as possible after they have been arrested. In a murder case, they are unlikely to be released on bail, to resume their ordinary life while awaiting a trial. Instead they are usually held in a prison. When visiting them, the guards will check I am not taking in contraband such as drugs or any metal objects that could be made into a weapon. My papers and bags will be X-rayed and my watch, wallet, phone and keys will be put in a locker. I am allowed to take in the case papers, minus any metal clasps that hold them together, and normally one pen. The prisoner will usually only have loose papers they are not usually permitted any files.

We will meet in a small room with glass panels, so that the prison officers can look in but not listen. A small Formica table and chairs will be screwed to the floor so the prisoner cant pick them up and use them as a weapon.

This first meeting is normally tense. When you meet a murder defendant for the first time they are facing just about the most important event in their life: a trial that may confine them to prison for the rest of their days; and I, a stranger, am coming to discuss it. Prisoners share information and each will have his favourite barristers; there will be no shortage of inmates advising your client whether you are good, bad or indifferent.

By the time of the first meeting, I will already have an idea of the prisoners circumstances. Their solicitor will have assembled and typed up for me a Proof of Evidence, which is an account of what they are saying. (A solicitor is a lawyer who takes the instructions of the accused and prepares their case, but does not usually represent them in court. As the barrister, I represent the client in court.)

On a first meeting, though, I may not talk about the case in any detail at all. I will probably mention it in rather general terms and focus on trying to build up a rapport. The key thing is to put the client at ease. I may talk about the weather, I may talk about where they live, what work they do. I will ask them how they are getting on in prison, what sort of visits they are having; has the family been able to visit them? One client desperately missed his dog, so we chatted about that. The most important thing is to gain the accuseds trust; unless I can establish trust between them and myself, I am never going to represent them successfully.

This is not always easy. Much may depend on the clients character. Some may have a limited education or may have mental health problems, or may not have English as their first language. Worst of all is talking through an interpreter, which makes life very difficult.

Other defendants may have excellent university degrees, probably better than mine. Many, though, come from fairly ordinary backgrounds. They often perceive that I am from a different class, which is not surprising. By the time the average barrister gets to represent a murder defendant, they are probably well into middle age. They wear a suit and have a posh accent. They seem to be part of the establishment. I try to break down these barriers, but I can only do so much. I cant pretend to be the same as a teenage gang member; that would be ludicrous. I am a 69-year-old lawyer. I will remain part of the establishment. The best I can often hope for is that the client thinks I am on their side.