0:00:02 > 0:00:04- Your name?- Jo Sales. - You're charged with occasioning actual bodily harm.
0:00:04 > 0:00:09- Jo, you'd better be getting a good shot of this.- Urgh!
0:00:09 > 0:00:12Is it even possible that you mistook what Alex actually said?
0:00:12 > 0:00:13I definitely heard "Jo".
0:00:13 > 0:00:16I did recover a pair of dark blue sneakers,
0:00:16 > 0:00:18which I later sent for forensic analysis.
0:00:18 > 0:00:21Did you find anything when you examined them?
0:00:21 > 0:00:24Yes, I detected a small amount of blood on the sole of the right trainer.
0:00:24 > 0:00:26Is there anyway that Jo Sales can be lying to you?
0:00:26 > 0:00:29I don't think my cousin would ever lie to me, to be honest.
0:00:29 > 0:00:30- How do you plead?- Not guilty.
0:00:39 > 0:00:42The Old Bailey, London.
0:00:42 > 0:00:44Crowned by the statue of Lady Justice,
0:00:44 > 0:00:48this is the most famous criminal court in the world.
0:00:48 > 0:00:50All rise.
0:00:50 > 0:00:53For the first time ever, cameras have been allowed inside
0:00:53 > 0:00:57an Old Bailey courtroom and the case you're about to see is unique.
0:00:59 > 0:01:03All the key roles, including barristers, the jury,
0:01:03 > 0:01:05and witnesses, will be played
0:01:05 > 0:01:09by teenagers from UK state schools who are getting an opportunity to find out
0:01:09 > 0:01:13for themselves how the legal system really works.
0:01:14 > 0:01:16As the trial unfolds,
0:01:16 > 0:01:20they will gain a unique insight into the anatomy of a court case.
0:01:20 > 0:01:22- You weren't anywhere near Farley Joseph?- Yes, I was.
0:01:22 > 0:01:24I saw her have a nosebleed.
0:01:24 > 0:01:27And overseeing proceedings is a real judge,
0:01:27 > 0:01:31former Attorney-General, Baroness Scotland QC.
0:01:31 > 0:01:36All questions of evidence and fact are for you alone to decide.
0:01:36 > 0:01:38Acting as mentors, guiding them through the trial,
0:01:38 > 0:01:40are two teams of expert barristers.
0:01:40 > 0:01:44Assisting the prosecution team, from Essex, are Tim Salisbury
0:01:44 > 0:01:46and Nicola McKinney.
0:01:46 > 0:01:50You're going to be a lot more aggressive.
0:01:50 > 0:01:54Aiding the defence team, from London, are Jacqueline Caspi
0:01:54 > 0:01:55and Lawrence Power.
0:01:55 > 0:01:58Practice makes perfect and it's needed here.
0:01:58 > 0:02:01The case is fictional, but the battle between prosecution
0:02:01 > 0:02:06and defence, to prove guilt beyond reasonable doubt, is very real.
0:02:06 > 0:02:10You say you heard someone behind you - did you turn around to see who this person was?
0:02:10 > 0:02:11No, I didn't.
0:02:11 > 0:02:14Would it be accurate to assume that your hearing may have been
0:02:14 > 0:02:16- slightly impaired?- I don't think that's fair to say.
0:02:16 > 0:02:19- So, you wouldn't like to see her in trouble?- No, I wouldn't.
0:02:19 > 0:02:21They're going to have to say she's a liar.
0:02:21 > 0:02:24In fact, that's why you're here, to lie to protect her?
0:02:24 > 0:02:28- She had to do that.- She had to. - They are the Young Legal Eagles.
0:02:30 > 0:02:32When the criminal trial process begins,
0:02:32 > 0:02:36a defendant is regarded as innocent.
0:02:36 > 0:02:38The prosecution must prepare their evidence.
0:02:38 > 0:02:43They must prepare their witnesses and their other physical evidence
0:02:43 > 0:02:47and prove the guilt of the defendant through the trial process
0:02:47 > 0:02:51if the defendant pleads not guilty to what he's charged with.
0:02:51 > 0:02:55In the courts of England and Wales we have an adversarial system.
0:02:55 > 0:02:58So you have two sides in any courtroom, it's going to be,
0:02:58 > 0:03:01in a criminal court, prosecution and defence.
0:03:01 > 0:03:03They're pitted against each other
0:03:03 > 0:03:07and the end result is supposed to be a fair result.
0:03:07 > 0:03:08So, how do you achieve that?
0:03:08 > 0:03:13Taking on the case for the prosecution are Sam Byrne and Hannah Gladwell.
0:03:13 > 0:03:16I think, when you get in there, you've got to remember to
0:03:16 > 0:03:19keep professional, but I think the adrenaline kicks in and you,
0:03:19 > 0:03:22kind of, almost rely on that a little bit to propel you forward.
0:03:22 > 0:03:26You prepared well, so you know what you have to say, it's just being professional about it.
0:03:26 > 0:03:29- Yeah.- Before we start, I think it would be helpful to go through
0:03:29 > 0:03:33what we think the prosecution actually does in a trial.
0:03:33 > 0:03:35What's their ultimate goal?
0:03:35 > 0:03:37I would say it's to try and get, obviously,
0:03:37 > 0:03:39the jury to give a guilty verdict at the end.
0:03:39 > 0:03:43- OK.- So, to try and present evidence to show that.
0:03:43 > 0:03:47Any other considerations that the prosecution might have in mind?
0:03:47 > 0:03:50You have to prove it beyond reasonable doubt, as a prosecution barrister,
0:03:50 > 0:03:54whereas the defence have just got to present reasonable doubt in a case.
0:03:54 > 0:03:57Every prosecutor also has to bear in mind that they're
0:03:57 > 0:03:59acting in the interests of justice.
0:03:59 > 0:04:03They're not trying to secure a conviction at all costs.
0:04:03 > 0:04:08The prosecution's presenting a factual picture that,
0:04:08 > 0:04:11if all the evidence is shown to be accurate,
0:04:11 > 0:04:14they say is enough for a conviction.
0:04:14 > 0:04:17The defence is then going to try to pick that apart.
0:04:17 > 0:04:20The prosecution, short for the Crown Prosecution Service,
0:04:20 > 0:04:23work on behalf of the Government.
0:04:23 > 0:04:27They bring the case against the defendant.
0:04:27 > 0:04:29It's not the defendant's role to disprove
0:04:29 > 0:04:34or to prove their innocence, but rather to test the prosecution's case.
0:04:34 > 0:04:37Representing the defence are Deborah Azenga and Sadie Marshall.
0:04:37 > 0:04:40If something doesn't go well I have to think on my feet.
0:04:40 > 0:04:45OK, what am I going to do? What am I going to say? All eyes are on me. I have to just go with it.
0:04:45 > 0:04:47So, I think it's brought a lot of confidence to the table.
0:04:47 > 0:04:50The first thing I want you to understand is, when you
0:04:50 > 0:04:56make your arguments in this case, you'll be making them for a jury.
0:04:56 > 0:04:59That's the most important thing to know.
0:04:59 > 0:05:02The role of the defence is to persuade the jury
0:05:02 > 0:05:06that there is reasonable doubt in the case that they're hearing.
0:05:06 > 0:05:10That means that they can't be certain about the prosecution case.
0:05:12 > 0:05:14All rise.
0:05:14 > 0:05:17Many people take part in making the justice system work.
0:05:17 > 0:05:20Overseeing the court proceedings is the judge,
0:05:20 > 0:05:23who is employed by the state.
0:05:23 > 0:05:27The judge has a very different job to the job of either counsel for the prosecution
0:05:27 > 0:05:29or counsel for the defence.
0:05:29 > 0:05:31The judge, if you like,
0:05:31 > 0:05:34is the fair umpire, to make sure
0:05:34 > 0:05:37a fair contribution is made by all
0:05:37 > 0:05:41and the jury has the best chance to understand
0:05:41 > 0:05:44what actually happened on the day in question.
0:05:44 > 0:05:46Assisting the judge is the court clerk,
0:05:46 > 0:05:48who begins the trial by reading out the charge.
0:05:48 > 0:05:52- What is your name?- Jo Sales.
0:05:52 > 0:05:55You are charged with assault occasioning actual bodily harm,
0:05:55 > 0:05:56contrary to Section 47
0:05:56 > 0:05:59of the Offences Against The Persons Act 1861.
0:05:59 > 0:06:02In that you, Jo Sales, on the first day of March 2011,
0:06:02 > 0:06:06together with Alex Jordan and persons unknown,
0:06:06 > 0:06:09assaulted Farley Joseph, occasioning actual bodily harm.
0:06:09 > 0:06:11- Do you understand?- Yes.
0:06:11 > 0:06:16The position is a defendant can either plead guilty,
0:06:16 > 0:06:20which means that they accept the evidence presented
0:06:20 > 0:06:22and accept they've done wrong,
0:06:22 > 0:06:26and then they will be sentenced and punished for their offence.
0:06:26 > 0:06:29The alternative is that a defendant pleads not guilty,
0:06:29 > 0:06:31says that they didn't do it
0:06:31 > 0:06:35and that they will dispute the case against them
0:06:35 > 0:06:38- How do you plead? Guilty or not guilty?- Not guilty.
0:06:38 > 0:06:41You may be seated. Could the jury please rise.
0:06:43 > 0:06:46Could you repeat after me. I will faithfully try the defendant...
0:06:46 > 0:06:48JURY: I will faithfully try the defendant.
0:06:48 > 0:06:50..and give a true verdict according to the evidence...
0:06:50 > 0:06:53'The reason it's so important to have a jury'
0:06:53 > 0:06:57is that is where ordinary men and women
0:06:57 > 0:07:00are able to adjudicate on those facts
0:07:00 > 0:07:05and we're able to have a trial by people who are just like us.
0:07:06 > 0:07:08Prior to the trial of Jo Sales,
0:07:08 > 0:07:12Alex Jordan was found guilty of assault causing actual bodily harm
0:07:12 > 0:07:16for the attack upon Farley Joseph. In the case of The Queen vs Sales,
0:07:16 > 0:07:21although there is no allegation that Jo Sales struck the victim,
0:07:21 > 0:07:24she allegedly filmed the attack and is being charged under
0:07:24 > 0:07:28the principal of joint enterprise for the same offence as Alex Jordan.
0:07:29 > 0:07:32What you're about to see is a dramatic reconstruction
0:07:32 > 0:07:37of the attack on Farley Joseph, based on the victim's testimony.
0:07:37 > 0:07:39On 1st March 2011,
0:07:39 > 0:07:43Farley Joseph was walking through Hillside Park
0:07:43 > 0:07:47on her way home from school, listening to songs on her MP3 player.
0:07:47 > 0:07:50Waiting for her inside the park was Alex Jordan,
0:07:50 > 0:07:53who intended on teaching Farley a lesson by filming
0:07:53 > 0:07:56an attack on her and posting it on the internet.
0:07:56 > 0:08:00- Here she comes.- Right, come on.
0:08:00 > 0:08:03As Alex Jordan and a gang of three others approached Farley,
0:08:03 > 0:08:05she was also aware of someone else behind her,
0:08:05 > 0:08:08but did not turn around to see who it was.
0:08:08 > 0:08:10GIGGLING
0:08:10 > 0:08:13I'm going to make sure that everyone knows
0:08:13 > 0:08:15you're a no-good lowlife.
0:08:15 > 0:08:17- Loser!- You're a loser, Farley.
0:08:19 > 0:08:21- Loser!- Loser!
0:08:22 > 0:08:24Jo, you better be getting a good shot of this.
0:08:24 > 0:08:27- Loser!- Loser!
0:08:27 > 0:08:28When this goes out on the internet,
0:08:28 > 0:08:31everyone will know what a loser Farley is.
0:08:31 > 0:08:33SHE SCREAMS
0:08:38 > 0:08:41GIGGLING
0:08:41 > 0:08:46After a few minutes, Farley lay on the ground dazed and upset.
0:08:46 > 0:08:48There was a small amount of blood on the floor.
0:08:48 > 0:08:51As Alex and the gang in front of her left the scene,
0:08:51 > 0:08:55Farley Joseph caught a glimpse of someone stepping in her blood,
0:08:55 > 0:08:58who she assumed must have been filming the attack.
0:08:58 > 0:09:00However, the defendant Jo Sales
0:09:00 > 0:09:03denies being present at the scene of the assault.
0:09:03 > 0:09:08The Crown's case is that Jo Sales
0:09:08 > 0:09:10committed actual bodily harm
0:09:10 > 0:09:14on the basis that she took part in the offence,
0:09:14 > 0:09:18not that she actually caused the actual bodily harm,
0:09:18 > 0:09:22but that she knew that it was going to take place
0:09:22 > 0:09:25and that is a concept called joint enterprise.
0:09:25 > 0:09:28With the charge against Jo Sales established...
0:09:28 > 0:09:31- How do you plead? Guilty or not guilty?- Not guilty.
0:09:31 > 0:09:35..the prosecution begin proceedings with their opening statement.
0:09:35 > 0:09:39The Crown argue that Jo Sales was indeed one of those four others
0:09:39 > 0:09:42and that she indeed filmed the attack on her mobile phone.
0:09:42 > 0:09:47Now, members of the jury, your role will be to assess the evidence,
0:09:47 > 0:09:54decide the relevant facts, and in due course deliver your verdict.
0:09:54 > 0:10:00I'm now going to ask prosecuting counsel to open this case to you.
0:10:00 > 0:10:03Your Honour, members of the jury, along with my learned friend
0:10:03 > 0:10:06Miss Gladwell, I appear for the prosecution.
0:10:06 > 0:10:08My learned friends Miss Azenga and Miss Marshall
0:10:08 > 0:10:09appear for the defence.
0:10:09 > 0:10:13The defendant Jo Sales is charged with assault occasioning
0:10:13 > 0:10:16actual bodily harm in that she was present
0:10:16 > 0:10:19and filmed an attack on Farley Joseph.
0:10:19 > 0:10:24Now, there is no dispute over whether this attack has actually happened
0:10:24 > 0:10:26because Alex Jordan has already been convicted
0:10:26 > 0:10:30of assault occasioning actual bodily harm towards Farley Joseph.
0:10:30 > 0:10:33The Crown's argument is that Jo Sales was present
0:10:33 > 0:10:35and did indeed film this incident.
0:10:35 > 0:10:37If you believe this to be the case,
0:10:37 > 0:10:41she may be convicted under the principle of joint enterprise.
0:10:41 > 0:10:43Let me give you a brief outline of the facts.
0:10:43 > 0:10:48The opening statement for the prosecution is extremely important.
0:10:48 > 0:10:53It is the road map that you're going to use to convince the jury
0:10:53 > 0:10:55of what you're ultimately saying,
0:10:55 > 0:10:57which is that the defendant is guilty.
0:10:57 > 0:10:59With an opening speech, you don't want to be too lengthy.
0:10:59 > 0:11:02It's got to be fairly succinct, so you're not getting into the details
0:11:02 > 0:11:05of the evidence you'll hear. You're giving them the highlights.
0:11:05 > 0:11:07On 1st March 2011,
0:11:07 > 0:11:10Farley Joseph was walking home through Hillside Park,
0:11:10 > 0:11:13where she was approached by Alex Jordan and four others.
0:11:13 > 0:11:16It was then that she was attacked, members of the jury.
0:11:16 > 0:11:20The Crown argue that Jo Sales was indeed one of those four others
0:11:20 > 0:11:23and that she indeed filmed the attack on her mobile phone.
0:11:23 > 0:11:29The first witness you'll hear from is Farley Joseph, the victim.
0:11:29 > 0:11:32She'll present to you two pieces of evidence which place
0:11:32 > 0:11:34Jo Sales at the scene of this attack.
0:11:34 > 0:11:39Firstly, she clearly heard Alex Jordan call out to Jo.
0:11:39 > 0:11:41And secondly, members of the jury,
0:11:41 > 0:11:46she saw a distinctive pair of branded dark blue sneakers.
0:11:46 > 0:11:47Outside the courtroom,
0:11:47 > 0:11:51the mentors are watching the trial proceedings as they unfold.
0:11:51 > 0:11:54Look at his eye contact with the jury. He's not looking down,
0:11:54 > 0:11:57it's all recollection, and that's great in that communication
0:11:57 > 0:11:59and getting that information over.
0:11:59 > 0:12:02You'll hear, members of the jury, from PC Russell,
0:12:02 > 0:12:05the police office who was sent to the home address of Jo Sales.
0:12:05 > 0:12:09He will inform you of how he found a pair of dark blue sneakers
0:12:09 > 0:12:11at Jo's home address
0:12:11 > 0:12:15which did indeed have Farley Joseph's blood on them.
0:12:15 > 0:12:18Now Jo Sales claims to have lost her mobile phone on this very day.
0:12:18 > 0:12:22However, the prosecution argue that she deliberately dumped
0:12:22 > 0:12:24her mobile phone to stop any evidence
0:12:24 > 0:12:27of her filming the attack being found.
0:12:27 > 0:12:30I hope that the defence are taking note of what he's saying,
0:12:30 > 0:12:33because he's pulling the prosecution case quite high.
0:12:33 > 0:12:36If you believe that Jo Sales filmed this attack,
0:12:36 > 0:12:40she may be guilty under the principle of joint enterprise.
0:12:40 > 0:12:41Joint enterprise is simply
0:12:41 > 0:12:43where a group of people set out together
0:12:43 > 0:12:45knowing roughly what will happen.
0:12:45 > 0:12:48Now, if they take part in or encourage the incident
0:12:48 > 0:12:50in any way, they may be equally guilty.
0:12:50 > 0:12:54Remember, members of the jury, you are the sole judges of fact.
0:12:54 > 0:12:56You must take the law from the judge. Thank you.
0:12:56 > 0:12:59If it pleases you, the Crown would like to call
0:12:59 > 0:13:02their first witness, Farley Joseph.
0:13:02 > 0:13:06After being called, the witnesses are brought into court by the usher.
0:13:06 > 0:13:09By being questioned under oath,
0:13:09 > 0:13:13the truthfulness of their statement can be examined by the jury.
0:13:13 > 0:13:17Playing the role of the victim, Farley Joseph, is Danielle Wright.
0:13:17 > 0:13:19- ..the whole truth.- The whole truth.
0:13:19 > 0:13:22- And nothing but the truth. - And nothing but the truth.
0:13:22 > 0:13:27It's very important that the students stick within their statements,
0:13:27 > 0:13:30because those statements set out the scene,
0:13:30 > 0:13:35the story and the other pieces of evidence from the other witnesses.
0:13:35 > 0:13:38What are the main points as prosecution team
0:13:38 > 0:13:43that you want to get in Farley Joseph's evidence?
0:13:43 > 0:13:45We're trying to establish
0:13:45 > 0:13:48whether Jo Sales was actually there at the attack, filming it.
0:13:48 > 0:13:52What we're trying to do is present her evidence of what
0:13:52 > 0:13:56she remembers, what she saw, and make the jury believe
0:13:56 > 0:13:59that evidence is true, so using her to prove the guilt of Jo Sales.
0:13:59 > 0:14:03- For the benefit of the court, can you please state your name? - Farley Joseph.
0:14:03 > 0:14:06I'm asking the questions, but could you please keep your voice up
0:14:06 > 0:14:08and direct your answers towards the jury.
0:14:08 > 0:14:10In a courtroom, a witness will be directed
0:14:10 > 0:14:12to deliver their answers to the jury.
0:14:12 > 0:14:16Even though they're being asked questions by the barrister,
0:14:16 > 0:14:20and the natural response is to answer the barrister,
0:14:20 > 0:14:23but the jury are going to be making the decision.
0:14:23 > 0:14:27Can you recall what happened on 1st March 2011?
0:14:27 > 0:14:30I was walking through Hillside Park on my way home from school.
0:14:30 > 0:14:34I was listening to my MP3 player to try and cheer myself up a bit.
0:14:34 > 0:14:36Why were you cheering yourself up?
0:14:36 > 0:14:40- My boyfriend, Alex Jordan, had dumped me at lunchtime. - Did you talk to him about this?
0:14:40 > 0:14:43I tried to explain to him that I wasn't cheating on him
0:14:43 > 0:14:46and that the text from Loz Carr, he's just my friend
0:14:46 > 0:14:48and it's no big deal, but he wasn't listening.
0:14:48 > 0:14:51So what was happening as you were walking home?
0:14:51 > 0:14:56I saw Alex Jordan and three of his friends approach me from the front.
0:14:56 > 0:14:59I could hear someone behind, but I didn't turn round.
0:14:59 > 0:15:02And what happened after this?
0:15:02 > 0:15:05Alex came up to me and he grabbed me by my coat
0:15:05 > 0:15:08and said he's going to show everyone what a no-good lowlife I am.
0:15:08 > 0:15:12He started calling me a loser and his mates were joining in.
0:15:12 > 0:15:13They were shouting at me.
0:15:13 > 0:15:17- How were you feeling? - I was quite intimidated and upset.
0:15:17 > 0:15:19Did he say anything else?
0:15:19 > 0:15:23He spoke to the person behind me, who I assume must have been
0:15:23 > 0:15:27filming it, and he shouted, "Jo, you better get a good shot of this.
0:15:27 > 0:15:29"When this goes on the internet,
0:15:29 > 0:15:31"everyone will know what a loser Farley is."
0:15:31 > 0:15:34- And are you sure of what you heard? - I definitely heard the name Jo.
0:15:34 > 0:15:36Do you know of any Jo?
0:15:36 > 0:15:40The only Jo I know and Alex knows is Jo Sales.
0:15:40 > 0:15:43What happened after this?
0:15:43 > 0:15:45They started punching me and pelting me with eggs.
0:15:45 > 0:15:48I laid on the floor crying for a bit
0:15:48 > 0:15:50and then I saw the four people in front of me run away,
0:15:50 > 0:15:52and that was including Alex.
0:15:52 > 0:15:54The person behind me ran past me
0:15:54 > 0:15:57and they stepped in my blood,
0:15:57 > 0:15:59which was on the floor.
0:15:59 > 0:16:03The answer's too long. That's the entire point of the identification.
0:16:03 > 0:16:05It's critical that the jury get that.
0:16:05 > 0:16:08You have to always think about juries as just being real people.
0:16:08 > 0:16:11Their attention is going to flag at times.
0:16:11 > 0:16:15You need to make sure that you don't rush through
0:16:15 > 0:16:16or assume bits of knowledge.
0:16:16 > 0:16:19Everything needs to be sort of connected together.
0:16:19 > 0:16:21Can you remember what they were wearing at all?
0:16:21 > 0:16:24As I was lying on the floor, I could only see their feet,
0:16:24 > 0:16:26but they were definitely wearing a dark blue pair of sneakers.
0:16:26 > 0:16:28That's the brand sneakers.
0:16:28 > 0:16:31So you made your statement to the police. When was that?
0:16:31 > 0:16:35- On 1st March.- And did they ask you about the attack?
0:16:35 > 0:16:39They asked me if there was any point during that day that anyone
0:16:39 > 0:16:41- could've got my blood on their shoes. - And was there?- Yeah.
0:16:41 > 0:16:45Just before afternoon registration, I had a nosebleed in the playground.
0:16:45 > 0:16:48I didn't have a tissue, so I had to go to the toilet to get one.
0:16:48 > 0:16:51Did you see this Jo Sales that day in the playground?
0:16:51 > 0:16:53I definitely didn't see Jo Sales in the playground.
0:16:53 > 0:16:57Thank you. I have no further questions, but I'm sure my learned friend will.
0:16:57 > 0:17:01When a defence barrister asks prosecution witnesses questions,
0:17:01 > 0:17:03that's called cross examination.
0:17:03 > 0:17:08The purpose of defence cross examination is to test the evidence.
0:17:08 > 0:17:13That means to see if it's accurate, truthful and reliable or not.
0:17:15 > 0:17:21- So, Miss Joseph, you were previously dumped that day?- Yes, I was.
0:17:21 > 0:17:24- And how were you feeling over the break-up?- I was a little bit upset.
0:17:24 > 0:17:26I mean, he wouldn't listen to me about the text,
0:17:26 > 0:17:28so I suppose it's his loss, really.
0:17:28 > 0:17:30'What do you think is a proper style'
0:17:30 > 0:17:35of asking questions in this case to this victim?
0:17:35 > 0:17:39Obviously they're a victim and they've been through an ordeal,
0:17:39 > 0:17:43so you have to kind of respect that and ask them not in a badgering way,
0:17:43 > 0:17:46but a sort of calm way, to actually get the evidence out of them.
0:17:46 > 0:17:49Am I correct in saying you were listening to music on your MP3?
0:17:49 > 0:17:51Yes, I was.
0:17:51 > 0:17:54- So you had headphones in both your ears?- Yes.
0:17:54 > 0:17:56And you would agree that your ability would be impaired
0:17:56 > 0:17:59- to some extent?- I wouldn't say so,
0:17:59 > 0:18:02it was just sort of a bit of background music.
0:18:02 > 0:18:04You say you heard someone behind you.
0:18:04 > 0:18:07- Did you turn around to see who this person was?- No, I didn't.
0:18:07 > 0:18:09So the only identification you had was sound?
0:18:09 > 0:18:11Yes.
0:18:11 > 0:18:14So you were unable to catch the identity of the person behind you?
0:18:14 > 0:18:16Other than their footwear, yes.
0:18:16 > 0:18:19What was Alex shouting at you?
0:18:19 > 0:18:22He grabbed my coat and shouted,
0:18:22 > 0:18:24"I'm going to show everyone what a no-good lowlife you are."
0:18:24 > 0:18:29Then he said to the person behind me, "Jo, get a good shot of this. When this goes on the internet,
0:18:29 > 0:18:31"everyone will know what a loser Farley is."
0:18:31 > 0:18:35Is it possible that you mistook what Alex actually said?
0:18:35 > 0:18:37I definitely heard, "Jo."
0:18:37 > 0:18:40- You say you caught a glimpse of the trainer.- Yes, I did.
0:18:40 > 0:18:45- Are these sneakers common in your school?- Not really.
0:18:45 > 0:18:47Just to remind the court, you had the nosebleed during the day?
0:18:47 > 0:18:49Yes, I did.
0:18:49 > 0:18:52And the nosebleed took place in the playground, and you had no tissue,
0:18:52 > 0:18:55so you had to walk all the way to the toilet to take care of this?
0:18:55 > 0:18:58Yes. I covered my nose and mouth like this
0:18:58 > 0:19:01to try and stop obviously getting it on my uniform.
0:19:01 > 0:19:03You must've been in a hurry, distressed.
0:19:03 > 0:19:06You weren't looking around the playground to see who was there?
0:19:06 > 0:19:08- No, I didn't. - But how can you be so sure
0:19:08 > 0:19:11you didn't see Jo Sales in the playground?
0:19:11 > 0:19:13I was focusing on my nosebleed.
0:19:13 > 0:19:16- So therefore you weren't focusing on who was in the playground?- No.
0:19:16 > 0:19:20- I definitely didn't see Jo. - No further questions, your Honour.
0:19:20 > 0:19:23Your Honour, may we release the witness from the stand.
0:19:23 > 0:19:26After questioning is over, the witnesses can then choose
0:19:26 > 0:19:29to stay in court and watch proceedings from the witness bench.
0:19:29 > 0:19:33- I think, on balance, that was a reasonable cross examination. - It was, yeah.
0:19:33 > 0:19:37I mean, regardless of whether the defendant was involved,
0:19:37 > 0:19:40This is still someone who's suffered a nasty assault.
0:19:40 > 0:19:43The victim Farley Joseph has given her evidence.
0:19:43 > 0:19:45I could only see their feet,
0:19:45 > 0:19:48but they were definitely wearing a dark blue pair of sneakers.
0:19:48 > 0:19:51The prosecution uses forensics for their case.
0:19:51 > 0:19:53When you examined the trainers, what did you look for?
0:19:53 > 0:19:57Blood that could've come from Farley Joseph.
0:19:57 > 0:20:00Inside the courtroom, watching the case,
0:20:00 > 0:20:03are members of the general public and representatives from the press,
0:20:03 > 0:20:08including the court artist and news reporter, who closely follow proceedings
0:20:08 > 0:20:11and give their take on the trial as it develops.
0:20:11 > 0:20:13Court reporting is absolutely vital.
0:20:13 > 0:20:15It's a fundamental principle of our system of justice
0:20:15 > 0:20:17that it should be open.
0:20:17 > 0:20:19In theory, that means that anybody off the street
0:20:19 > 0:20:21can come into a courtroom and watch what is happening.
0:20:21 > 0:20:26There are public benches in all courts to allow that to happen.
0:20:26 > 0:20:28The thing that reporters need is something visual.
0:20:28 > 0:20:32Television is so reliant on images.
0:20:32 > 0:20:37So, because they don't have cameras in court, I provide that.
0:20:37 > 0:20:44The Contempt of Court Act says that no drawings are allowed to be made in court.
0:20:44 > 0:20:48It has to do with not wanting to intimidate witnesses,
0:20:48 > 0:20:54or expose a defendant to undue publicity.
0:20:54 > 0:20:59The way I do it is I memorise people's faces.
0:20:59 > 0:21:04I am allowed to take written notes and then I go away and do my sketch.
0:21:04 > 0:21:08What we can say and what we can do are governed by ensuring
0:21:08 > 0:21:12that the trial is fair and takes place as it should.
0:21:12 > 0:21:16For example, before a trial begins, there are lots of things that we can't say about case,
0:21:16 > 0:21:20because that might somehow prejudice the jury.
0:21:20 > 0:21:25It's a fundamental principle, firstly, that someone is innocent until they're proven guilty
0:21:25 > 0:21:30and secondly that, in the eyes of society, everybody has a good name.
0:21:30 > 0:21:32As well as issues of privacy, prejudice and libel,
0:21:32 > 0:21:36every reporter needs to be aware of the Contempt of Court Act.
0:21:36 > 0:21:40That means that if you don't follow the rules of court, you can be arrested.
0:21:40 > 0:21:44The whole point of contempt is it is designed to stop somebody being unfairly found guilty.
0:21:44 > 0:21:49Sitting beside news reporter Ben Ando is student Charlotte Isling,
0:21:49 > 0:21:54who will be reporting on the verdict at the end of the trial.
0:21:54 > 0:21:57- Any more witnesses, Mr Byrne? - If it pleases Your Honour,
0:21:57 > 0:22:00the prosecution would like to call their second witness, PC Russell.
0:22:00 > 0:22:01Very well.
0:22:01 > 0:22:03'A police witness is just a witness.
0:22:03 > 0:22:06'They are not necessarily for the defence or for the prosecution.'
0:22:06 > 0:22:08There are a witness, like anybody else,
0:22:08 > 0:22:12who is there purely to say what they saw, what they observed,
0:22:12 > 0:22:16what they know about the case and what they have learned.
0:22:16 > 0:22:20The officer is a professional witness, so is expected to obey the rules of the court.
0:22:20 > 0:22:23No emotional outbursts, no opinions to be...
0:22:23 > 0:22:26and don't answer a question that wasn't asked of you.
0:22:26 > 0:22:31Playing the role of the arresting officer in the case is Tom Sweeney.
0:22:31 > 0:22:35For the benefit of the court, can you please identify yourself?
0:22:35 > 0:22:37I am PC Russell, attached to Hillside police station.
0:22:37 > 0:22:42Where were you at 7pm on 1st March 2011?
0:22:42 > 0:22:45I received an instruction via my radio earpiece to attend
0:22:45 > 0:22:48the address of one Jo Sales in order to make an arrest.
0:22:48 > 0:22:49for the alleged assault on a victim.
0:22:49 > 0:22:55Generally, a police officer will be there trying to prove their point,
0:22:55 > 0:22:58that what they saw and heard proves that
0:22:58 > 0:23:01the person is guilty of what they suspected they were guilty of.
0:23:01 > 0:23:03How did you receive this order?
0:23:03 > 0:23:06I received it via a new earpiece we were trialling.
0:23:06 > 0:23:08- Is this a regular way in which you receive orders?- It's not, no.
0:23:08 > 0:23:12We were trialling it for the first time on 1st March.
0:23:12 > 0:23:14The trial discontinued on 5th March, I believe.
0:23:14 > 0:23:16Do you know why it was discontinued?
0:23:16 > 0:23:19Actually, some officers on the force were complaining about
0:23:19 > 0:23:24the way it affected their understanding of communication with witnesses and the like.
0:23:24 > 0:23:28I, for one, didn't experience those problems, but I can understand why.
0:23:28 > 0:23:32You said you received an order. Did you go to Jo's home address?
0:23:32 > 0:23:34I did indeed, yes. I knocked on the door and Jo Sales answered.
0:23:34 > 0:23:39- What do you say to Jo?- I said, "Where is your mobile phone?"
0:23:39 > 0:23:43- And how did Jo seem when you asked this?- She actually began to cry.
0:23:43 > 0:23:47Then she answered that they'd lost it.
0:23:47 > 0:23:49I explained why she was under arrest
0:23:49 > 0:23:51and she was clearly quite distressed at that,
0:23:51 > 0:23:55but I believe she was being a bit flustered by the whole incident.
0:23:55 > 0:23:58But she did go on to say that she didn't understand what was going on.
0:23:58 > 0:24:02- Was that the end of your conversation with Jo?- It was, yes.
0:24:02 > 0:24:06- But I did go in to search the property.- And did you find anything?
0:24:06 > 0:24:10I was originally there to search for a mobile phone, as used in the assault,
0:24:10 > 0:24:13but unfortunately I was not able to recover the mobile phone.
0:24:13 > 0:24:16I did, however, recover a pair of dark blue sneakers,
0:24:16 > 0:24:18which I later sent for forensic analysis.
0:24:18 > 0:24:21Would the usher please show the evidence to PC Russell?
0:24:23 > 0:24:27Are these the sneakers you found in Jo Sales' home address?
0:24:27 > 0:24:29Yes, these do appear to be the same sneakers.
0:24:29 > 0:24:33If it pleases Your Honour, may these be exhibit A?
0:24:33 > 0:24:38Sam is using this time to think about where he has got to in his questioning,
0:24:38 > 0:24:43what has come out and what he would like to have come out.
0:24:43 > 0:24:45- PC Russell, are you familiar with this make of trainer?- Yes.
0:24:45 > 0:24:47They are reasonably common at the Hillside School -
0:24:47 > 0:24:49the school I most generally attend.
0:24:49 > 0:24:52- Are they common in any particular colours at all?- They are.
0:24:52 > 0:24:55They are common in the dark blue and black colours.
0:24:55 > 0:24:57Thank you. I've got no further questions.
0:24:57 > 0:25:02- If you'd like to wait there, I'm sure my learned friend will have some.- Of course.
0:25:02 > 0:25:05- Good afternoon, PC Russell. - Good afternoon.
0:25:05 > 0:25:07On 1st March, you were instructed via the earpiece
0:25:07 > 0:25:09to attend the home of Jo Sales. Is this correct?
0:25:09 > 0:25:12That is absolutely correct, yes.
0:25:12 > 0:25:15And remind the court when you were given this earpiece.
0:25:15 > 0:25:19I was given it on the day. It was 1st March, just as I came on duty.
0:25:19 > 0:25:23How will the defence team approach their cross-examination of PC Russell?
0:25:23 > 0:25:25We do want to put him forward as a credible witness.
0:25:25 > 0:25:31We don't want to make out that he's lying or making things up,
0:25:31 > 0:25:36but what we can say is that maybe there was something that caused him
0:25:36 > 0:25:42to write in his statement things he may not have heard accurately.
0:25:42 > 0:25:45Sorry, remind us again why the earpiece was being used.
0:25:45 > 0:25:47It was to receive incoming transmissions,
0:25:47 > 0:25:51so the centre could instruct the police officers what to do.
0:25:51 > 0:25:54And it was being used on the first day, that day.
0:25:54 > 0:25:57- That's absolutely correct, yes. - So, it was like a trial.
0:25:57 > 0:26:00It was a trial, yes. It lasted, I think, five days. Up until 5th March.
0:26:00 > 0:26:04- Yes, so it was like an experiment. - Yes. You could say an experiment.
0:26:04 > 0:26:08She's putting keywords, like "trial period", "experiment",
0:26:08 > 0:26:09which will resonate with the jury.
0:26:09 > 0:26:13And so the experiment was discontinued five days later,
0:26:13 > 0:26:16because officers were complaining that it was difficult
0:26:16 > 0:26:18- to hear what was going on around them.- Yes.
0:26:18 > 0:26:23Some officers were actually experiencing some difficulties understanding.
0:26:23 > 0:26:25- You say that Jo said they lost it. - Yes, she did.
0:26:25 > 0:26:29Would it be accurate to assume that your hearing might have been
0:26:29 > 0:26:32slightly impaired with this earpiece that was discontinued five days later?
0:26:32 > 0:26:35I don't think that's fair to say at all.
0:26:35 > 0:26:38Take us back to when you searched Jo Sales' property.
0:26:38 > 0:26:42- Did you find the alleged phone?- I didn't, I was unable to recover it.
0:26:42 > 0:26:44- However, you did find the blue sneakers.- Yes.
0:26:44 > 0:26:46And you are familiar with these sneakers.
0:26:46 > 0:26:49- Absolutely, they are very common. - No further questions, Your Honour.
0:26:49 > 0:26:51Thank you very much.
0:26:51 > 0:26:52She has really pulled this out
0:26:52 > 0:26:54and this is all her own work at the last minute.
0:26:54 > 0:26:56Well done.
0:26:56 > 0:26:59The final prosecution witness to take the stand is Jane Noel,
0:26:59 > 0:27:01played by Charlotte Naylor.
0:27:02 > 0:27:05- For the benefit of the court, can you please state your name?- Jane Noel.
0:27:05 > 0:27:09- Your age?- 43.- And your occupation. - I'm a forensic scientist.
0:27:09 > 0:27:12Giving his opinion on the case, expert forensic scientist
0:27:12 > 0:27:17Ray Chapman mentors the prosecution team on Jane Noel's statement.
0:27:17 > 0:27:21In this case that we are doing now, there is some blood on the shoes.
0:27:21 > 0:27:25How easy would it be for you to determine how the blood actually got there?
0:27:25 > 0:27:28In the case we're dealing with, we've got very little information
0:27:28 > 0:27:30about what the bloodstain looked like.
0:27:30 > 0:27:33What is more relevant is where it is found.
0:27:33 > 0:27:36The difficulty you've got with this is that both sides
0:27:36 > 0:27:40are giving the same activity to explain the staining.
0:27:40 > 0:27:46They're both saying that the trainer stood on a bloodstain.
0:27:46 > 0:27:49I think it's probably right to say that we can't really distinguish
0:27:49 > 0:27:53between the stain getting on the shoe at the time of the attack
0:27:53 > 0:27:55or at the time of the nosebleed.
0:27:55 > 0:27:58The vast majority of cases that we do,
0:27:58 > 0:28:02we produce a statement and we will never have to go to court.
0:28:02 > 0:28:05If we are required at court, we will be contacted,
0:28:05 > 0:28:08usually by the prosecution side.
0:28:08 > 0:28:10What were you doing on 3rd March 2011?
0:28:10 > 0:28:14On 3rd March, I examined two dark blue sneakers - trainers -
0:28:14 > 0:28:15belonging to Jo Sales.
0:28:15 > 0:28:19Would the usher please show Jane Noel exhibit A?
0:28:19 > 0:28:25- Are these the sneakers that you examined?- Yes, they are.- Thank you.
0:28:25 > 0:28:27Did you find anything on the sneakers?
0:28:27 > 0:28:31Yes, I detected a small amount of blood on the sole of the right trainer.
0:28:31 > 0:28:34- Is this consistent with someone stepping in blood?- It is, yes.
0:28:34 > 0:28:37When you examined the trainers, what were you looking for?
0:28:37 > 0:28:41I was looking to see if the blood could have come from Farley Joseph.
0:28:41 > 0:28:44- And how did you do this?- I compared the DNA of the blood on the shoe
0:28:44 > 0:28:46to the DNA of Farley Joseph.
0:28:46 > 0:28:50- And what have you conclude? - I have concluded that there is a one in one billion possibility
0:28:50 > 0:28:54of the blood having not come from Farley Joseph or persons related to her.
0:28:54 > 0:28:58Thank you. I've got no further questions. Please wait - I'm sure my learned friends will have some.
0:28:58 > 0:29:00We don't have a difficulty with your expert witness.
0:29:00 > 0:29:05- Virtually all of her evidence is agreed.- Good afternoon, Miss Noel.
0:29:05 > 0:29:10Could your test identify if Jo Sales picked up the blood at the school or at Hillside Park?
0:29:10 > 0:29:13- It's not possible to say. - No further questions, your honour.
0:29:13 > 0:29:19You can't put that piece of evidence to the park or the playground.
0:29:19 > 0:29:23- Yes, the location is still up for grabs.- Which is doubt.- Yep.
0:29:23 > 0:29:25Having heard the case against Jo Sales...
0:29:25 > 0:29:28Do you intend to call any further witnesses, Mr Byrne?
0:29:28 > 0:29:31No, thank you. That is the case for the prosecution.
0:29:31 > 0:29:34..when the defendant takes to the witness box,
0:29:34 > 0:29:35who will the jury believe?
0:29:35 > 0:29:38He did in fact tell you about this plan, didn't he?
0:29:38 > 0:29:40Yeah, but I thought they were just empty words.
0:29:40 > 0:29:44He was angry, I didn't think he would go through with it.
0:29:44 > 0:29:46Case for the defence, Miss Azenga.
0:29:46 > 0:29:51If it pleases Your Honour, I would like to bring out the first witness, Jo Sales, please.
0:29:51 > 0:29:55Unlike the prosecution team, who have the burden of proving the case,
0:29:55 > 0:29:58the defence team do not make an opening statement to the jury.
0:29:58 > 0:30:02However, they do have the opportunity to call defence witnesses.
0:30:02 > 0:30:06First to take the stand is the defendant, Jo Sales,
0:30:06 > 0:30:08played by Yasmin Scott.
0:30:08 > 0:30:14The systems we have in the United Kingdom is that everyone is innocent until proven guilty.
0:30:14 > 0:30:19A defendant doesn't have to prove anything at all.
0:30:19 > 0:30:24It's for the prosecution to prove all the facts that they assert.
0:30:24 > 0:30:28It's possible simply to remain silent if you're a defendant,
0:30:28 > 0:30:30and say nothing whatsoever.
0:30:30 > 0:30:32Let's step back
0:30:32 > 0:30:36and into Jo Sales' mind of what happened at the time of the attack,
0:30:36 > 0:30:41because it's her defence she wasn't there.
0:30:41 > 0:30:43If she did go home straight after school,
0:30:43 > 0:30:46then she wouldn't have been anywhere near the attack.
0:30:46 > 0:30:50All we need to do, again, is to play that reasonable doubt
0:30:50 > 0:30:55in the jury's mind so that they believe Jo Sales' evidence.
0:30:55 > 0:30:58- Could you tell us your full name, please?- Jo Sales.
0:30:58 > 0:31:02- Occupation?- I'm a student.- Age.- 17.
0:31:02 > 0:31:04What is your relationship with Alex Jordan?
0:31:04 > 0:31:08We're friends. We're not best friends, but we are friends.
0:31:08 > 0:31:12- What did Alex say to you? - I think he was really upset
0:31:12 > 0:31:16because he found out that Farley Joseph had been cheating on him.
0:31:16 > 0:31:20- He asked me to help him teach her a lesson.- What was your response?
0:31:20 > 0:31:25I said no, I was having none of it, I didn't want any involvement.
0:31:25 > 0:31:29And did you discuss any specific part you would play in this attack?
0:31:29 > 0:31:32Not at all, we didn't discuss me filming an attack or anything.
0:31:32 > 0:31:36- Where did you go after school? - I went straight home.
0:31:36 > 0:31:38I walked along the main road.
0:31:38 > 0:31:41And how would you describe Alex's manner of talking?
0:31:41 > 0:31:45He likes to use a lot of slang words - he uses the word "yo" a lot,
0:31:45 > 0:31:49so I guess that's easy to mix up with my name.
0:31:49 > 0:31:53That "yo"/"Jo" point may be needed for further question.
0:31:53 > 0:31:56That was such an important identification issue.
0:31:56 > 0:31:58- She has left it a bit.- Agreed.
0:31:58 > 0:32:03- Miss Sales, have you ever been arrested before?- No, never.
0:32:03 > 0:32:07I was really upset when the police officer came to arrest me.
0:32:07 > 0:32:10It has never happened to me before.
0:32:10 > 0:32:16- What was said in the conversation between you and the police officer? - I told him I lost my phone.
0:32:16 > 0:32:19Did you tell anyone about your mobile phone going missing?
0:32:19 > 0:32:24Yeah, I told my cousin, Bobbi Forward, that I had lost my phone.
0:32:24 > 0:32:28- Do you have any idea where you may have lost your phone?- I'm not sure.
0:32:28 > 0:32:32I had it in the last period, but when I got home it wasn't there.
0:32:32 > 0:32:36I usually keep it in the front compartment of my bag,
0:32:36 > 0:32:39so I'm guessing it must have gone missing on the way home.
0:32:39 > 0:32:42Tell us about your dark blue sneakers.
0:32:42 > 0:32:46They're my favourite trainers, so I wore them at school.
0:32:46 > 0:32:48But I didn't want to get them dirty
0:32:48 > 0:32:52so I changed into my old pair of Feets to walk home.
0:32:52 > 0:32:55- And did you see Farley Joseph at all during school hours?- Yes.
0:32:55 > 0:32:59I think I saw her in the playground when she had her nosebleed.
0:32:59 > 0:33:01I called across to see if she was OK, but I don't she heard me.
0:33:01 > 0:33:03No further questions, Your Honour.
0:33:03 > 0:33:08Please remain on the stand, as my learned friend for the prosecution may have further questions.
0:33:08 > 0:33:10Just in terms of cross-examination,
0:33:10 > 0:33:14you've got to treat the witness aggressively,
0:33:14 > 0:33:17- because your case is that she's lying.- Yeah.
0:33:17 > 0:33:20It's not a case of mishearing or a witness mis-seeing something.
0:33:20 > 0:33:23This is a witness you're saying is actually telling a lie,
0:33:23 > 0:33:27so you have got to directly challenge her.
0:33:27 > 0:33:30Miss Sales, in evidence you have said you are friends with Alex.
0:33:30 > 0:33:33- That's correct, isn't it? - Yes, we are friends.
0:33:33 > 0:33:36In fact, you share most of your classes together, don't you?
0:33:36 > 0:33:41- Yes, we are at the same school and in the same year so...- That suggests you spend a lot of time together,
0:33:41 > 0:33:45- at least during school. - Well, they're lessons, so we don't get much chance to talk.
0:33:45 > 0:33:47And he did in fact tell you about this plan, didn't he?
0:33:47 > 0:33:50Yeah, but I thought they were just empty words.
0:33:50 > 0:33:52He was angry, I didn't think he would go through with it.
0:33:52 > 0:33:56But do you think the fact that he told you about the plan in the first place
0:33:56 > 0:33:58- shows that you were quite close friends?- Er...
0:33:58 > 0:34:01I guess it could suggest that.
0:34:01 > 0:34:05He was confiding in you about a criminal offence he was planning to take out, wasn't he?
0:34:05 > 0:34:09I just saw it as his anger and frustration
0:34:09 > 0:34:12that Farley Joseph had cheated on him.
0:34:12 > 0:34:17In fact, if somebody is upset, do you not think that makes them more unpredictable?
0:34:17 > 0:34:18I suppose so, yes.
0:34:18 > 0:34:21So, why did you not feel the need to tell anyone, to protect your friend?
0:34:21 > 0:34:26Because I did genuinely didn't think he would actually attack her.
0:34:26 > 0:34:30She's doing incredibly well. She doesn't know what she's expecting here.
0:34:30 > 0:34:36This is a real-life fire exercise and she is doing so well dealing with these questions.
0:34:36 > 0:34:39In fact, I put it to you, Jo, that the reason you didn't tell anyone
0:34:39 > 0:34:42- was because you WERE a part of this plan.- That's incorrect.
0:34:42 > 0:34:45In fact, this is why you weren't walking along the main road.
0:34:45 > 0:34:49- You were walking through Hillside Park.- I did not walk through Hillside Park that day.
0:34:49 > 0:34:51Can you account for why Farley heard Alex called to "Jo"?
0:34:51 > 0:34:56Er, like I said, Alex likes to use slang, like "yo",
0:34:56 > 0:35:01and my name is really close to that, so it is possible that she misheard.
0:35:01 > 0:35:03So despite not being good friends,
0:35:03 > 0:35:06you're able to tell what he talks like a lot of the time?
0:35:06 > 0:35:09Yeah, I'm at school with him. I'm in lessons when he speaks.
0:35:09 > 0:35:11Now, Jo, do you believe that teenagers today are quite
0:35:11 > 0:35:13close to their mobile phones?
0:35:13 > 0:35:15Yeah, you could say that.
0:35:15 > 0:35:18Do you think that you were quite close to your mobile phone?
0:35:18 > 0:35:21Um, I can't really say, to be honest.
0:35:21 > 0:35:23You keep your phone in a zipped compartment, don't you?
0:35:23 > 0:35:27- Yes, in my bag.- Why do you think you keep it in a zipped compartment?
0:35:27 > 0:35:30So it doesn't get lost or stolen.
0:35:30 > 0:35:33And, yet, quite remarkably, your phone did get lost on this particular day, didn't it?
0:35:33 > 0:35:35Yes, it did.
0:35:35 > 0:35:38In fact, Jo, I put it to you that you deliberately dumped your mobile phone?
0:35:38 > 0:35:41I did not. That's incorrect.
0:35:41 > 0:35:44Just to confirm to the jury, you do own a pair of dark blue sneakers, don't you?
0:35:44 > 0:35:47Yes, I do. They're my favourite trainers.
0:35:47 > 0:35:51- And, these are the same trainers that Farley Joseph saw, weren't they?- Yes.
0:35:51 > 0:35:52And they're also the same trainers
0:35:52 > 0:35:55that a lot of students wear at the school, so...
0:35:55 > 0:35:57In fact, it's true, isn't it, that Farley Joseph's blood
0:35:57 > 0:35:59was found on your sneakers?
0:35:59 > 0:36:04Yes. I'm presuming that's from the nosebleed earlier that day.
0:36:04 > 0:36:07You said to the defence, "I shouted to Farley to check if everything was all right".
0:36:07 > 0:36:09- That's correct, isn't it?- Yes.
0:36:09 > 0:36:12When you say you shouted, that would suggest that you're not close to her?
0:36:12 > 0:36:15Not at that moment. No, I wasn't.
0:36:15 > 0:36:18In fact, it's quite unlikely that you were able to step
0:36:18 > 0:36:21- in the fresh blood if you weren't close to her?- Not at that point,
0:36:21 > 0:36:24but blood doesn't really dry that quickly, does it?
0:36:24 > 0:36:26- The jury are not convinced?- No. - In fact, Jo,
0:36:26 > 0:36:28you weren't there at all, were you?
0:36:28 > 0:36:30- You weren't anywhere near to Farley Joseph?- Yes, I was.
0:36:30 > 0:36:33I saw her have a nosebleed.
0:36:33 > 0:36:36And, therefore, there was no way that you could have got her fresh blood on to your shoes?
0:36:36 > 0:36:39When I was walking back into school, that's how I presume
0:36:39 > 0:36:41it did get on to my shoes.
0:36:41 > 0:36:44So, just to clarify, Jo, you do own a pair of dark blue sneakers?
0:36:44 > 0:36:49- Yes, I do.- Of which Farley Joseph's blood was found on?- Yes.
0:36:49 > 0:36:53- You do no longer have your phone? - That's correct.- Thank you.
0:36:53 > 0:36:57- I've got no further questions.- Well done. Here we've got a good witness.
0:36:57 > 0:36:59- In the real world we'd have problems.- Yes.
0:37:01 > 0:37:04The jury has heard Jo Sales give her evidence.
0:37:04 > 0:37:09Alex likes to use slang like, "yo" and my name is really close to that.
0:37:09 > 0:37:11But how will the next defence witness hold up
0:37:11 > 0:37:15when faced with some tough questions from the prosecution?
0:37:15 > 0:37:18- Why was she so upset? - You can replace a phone, but not the memories you have on it.
0:37:18 > 0:37:20Memories and videos of an attack, maybe?
0:37:22 > 0:37:25Would the defence like to call any further witnesses?
0:37:25 > 0:37:26Yes, can we call Bobbi Forward.
0:37:27 > 0:37:32The second and final defence witness in this case is Jo Sales' cousin,
0:37:32 > 0:37:34Bobbi Forward, played by Catherine Kalloco.
0:37:34 > 0:37:38Could you state your name for the court, please?
0:37:38 > 0:37:40- My name is Bobbi Forward. - And your age?- 17 years old.
0:37:40 > 0:37:42- And your occupation?- Student.
0:37:42 > 0:37:46- What is your relationship to the defendant, Jo Sales?- I'm Jo's Cousin.
0:37:46 > 0:37:50- And where were you on 1st March? - I was at home.- Where is home?
0:37:51 > 0:37:54I'd been living with Jo, in her house, for the past three years.
0:37:54 > 0:37:58- What were you doing at home? - I was playing my Gamebox.
0:37:58 > 0:38:02- And, can you remember what time Jo came in from school at?- Not really.
0:38:02 > 0:38:05Did you notice anything about her?
0:38:05 > 0:38:08Um, like 15 minutes later, I heard she was upset in the kitchen.
0:38:08 > 0:38:12So I asked her what was wrong. She told me that she'd lost her phone.
0:38:12 > 0:38:14- How did she seem to you? - She was really upset.
0:38:14 > 0:38:17No further questions, your Honour. If you'd like to stay there,
0:38:17 > 0:38:19my learned friends may have some more questions for you.
0:38:19 > 0:38:21When you are cross-examining Bobbi,
0:38:21 > 0:38:25the way you treat her is based on why you think her evidence needs to be challenged.
0:38:25 > 0:38:29You're not saying that she's making a mistake, you're saying she's lying
0:38:29 > 0:38:30That's the main point you need to make.
0:38:30 > 0:38:33That's the main point that I'll to challenge her on.
0:38:33 > 0:38:35That she's her cousin and, you know,
0:38:35 > 0:38:38they've clearly concocted a story to cover for her.
0:38:38 > 0:38:40Don't be scared of getting a no.
0:38:40 > 0:38:42Because that's why you have a live witness.
0:38:42 > 0:38:46When you're dealing with credibility you ask them the question,
0:38:46 > 0:38:49they say no, and it's whether the jury believe that no.
0:38:49 > 0:38:53Can you confirm Jo Sales' state of mind as she came home?
0:38:53 > 0:38:54Um, she was all right when she came home,
0:38:54 > 0:38:58- but a little while after she was upset. - Did you know why she was so upset?
0:38:58 > 0:39:01- She'd lost her phone. - That's what she told you?- Yep.
0:39:01 > 0:39:05- Is it possible to replace a mobile phone?- Yes, it is.
0:39:05 > 0:39:08- Then why was she so upset? - Because all the things you'd have on your phone,
0:39:08 > 0:39:12you can't replace that, but you can replace the phone, but not all the memories you have on it.
0:39:12 > 0:39:14Memories and videos of an attack maybe?
0:39:14 > 0:39:17- Um, no.- How do you know?
0:39:17 > 0:39:21Because I know Jo pretty well, since I've been living with her.
0:39:21 > 0:39:23I don't think she's like that whatsoever.
0:39:23 > 0:39:27What would you say is worse? Being in trouble with the police or losing a mobile phone?
0:39:27 > 0:39:31- Being in trouble with the police. - So, that's the real reason because she'd done a bad thing?
0:39:31 > 0:39:34She would have been upset earlier if she knew she was going to be in trouble,
0:39:34 > 0:39:39but she was all right when she came home, then later on she got upset realising that she'd lost her phone.
0:39:39 > 0:39:42So, are you saying that she knew she was going to be in trouble with the police?
0:39:42 > 0:39:47No, if she knew she was going to be in trouble, she'd have been upset when she got home, but she wasn't.
0:39:47 > 0:39:49- She's arguing, effectively, with the witness.- Yeah.
0:39:49 > 0:39:52Is there anyway that Jo Sales can be lying to you?
0:39:52 > 0:39:55I don't think my cousin would ever lie to me, to be honest.
0:39:55 > 0:40:00- In your statement you said that Jo was wearing an old pair of Feets, is that correct?- Yes.
0:40:00 > 0:40:03- What was the significance of including the brand? - Jo just normally wears them,
0:40:03 > 0:40:06because they're old pairs, so I just kind of remember it.
0:40:06 > 0:40:08You remember details clearly that day?
0:40:08 > 0:40:11Nothing traumatic happened for me to remember it, but I do remember some details.
0:40:11 > 0:40:13The incident happened on 1st March
0:40:13 > 0:40:18- and your statement to the police was made two days later, on 3rd March. - Mm-hm.- So two days' difference?- Yes.
0:40:18 > 0:40:21- So what's your relationship with Jo like?- Um, I think we're quite close.
0:40:21 > 0:40:24- So you wouldn't like to see her in trouble?- No, I wouldn't.
0:40:24 > 0:40:27Life at home would be pretty hard if you were giving evidence against her, let's say.
0:40:27 > 0:40:31It wouldn't be that hard because I wouldn't be giving evidence against her
0:40:31 > 0:40:35cos I know I would not lie on behalf of my cousin, so everything we're saying here today is truthful.
0:40:35 > 0:40:38For the prosecution now to get home with this witness,
0:40:38 > 0:40:40they're going to have to say she's a liar.
0:40:40 > 0:40:43- So you wouldn't like to see her in trouble?- No, I wouldn't.
0:40:43 > 0:40:46In fact, that's why you're here, today. To lie, to protect her.
0:40:46 > 0:40:48There we go. She had to do that.
0:40:48 > 0:40:50Not to lie to protect her - to protect her by telling the truth.
0:40:50 > 0:40:54- In your statement, you said you were playing on your Gamebox, that's correct?- Mm-hm.
0:40:54 > 0:40:56- So you were concentrating on the game.- Partially -
0:40:56 > 0:40:59that's how I still remember what shoes she had on when she came in.
0:40:59 > 0:41:02How can you be so sure of details - you say you remember things
0:41:02 > 0:41:04quite clearly - if you were playing on your Gamebox?
0:41:04 > 0:41:07As I said before, I wasn't fully concentrating on it.
0:41:07 > 0:41:10She's so confident now, as a witness, she doesn't feel
0:41:10 > 0:41:13she's being hurt by any questions or answers.
0:41:13 > 0:41:17- You said that you wouldn't like to see her in trouble. - Yes.- That's why you're here?
0:41:17 > 0:41:21That's why I'm here today, to help her by telling the truth
0:41:21 > 0:41:24to the jury, to help prove that she is innocent.
0:41:24 > 0:41:27- Thank you, I have no further questions.- Thank you very much.
0:41:27 > 0:41:29If you'd like to step down now.
0:41:29 > 0:41:32After the prosecution and defence teams have questioned their witnesses,
0:41:32 > 0:41:37they then sum up all the evidence they have raised during the trial in their closing statements.
0:41:37 > 0:41:41The real point of the closing speech is what conclusions
0:41:41 > 0:41:45do you want them to draw from the evidence that you've heard?
0:41:45 > 0:41:49So you may have highlighted the strengths and weaknesses in the opening,
0:41:49 > 0:41:52they've then heard the evidence - what conclusions do they draw
0:41:52 > 0:41:56from those strengths and from those weaknesses as a result?
0:41:56 > 0:41:59This is the point where the passion can come in a bit.
0:41:59 > 0:42:03I think you need energy and you need conviction in your case.
0:42:03 > 0:42:06You're her advocate relating it back to the opening speeches
0:42:06 > 0:42:08at the beginning of this trial.
0:42:08 > 0:42:12I told you that we would show you this. And that this would be said.
0:42:12 > 0:42:15You've seen that and it's a matter for you
0:42:15 > 0:42:19whether you believe the prosecution's case or the defence's explanation for that.
0:42:19 > 0:42:22Your Honour, members of the jury.
0:42:22 > 0:42:26The defendant Jo Sales is charged with assault, occasioning actual bodily harm upon Farley Joseph,
0:42:26 > 0:42:30in that she filmed this attack on her mobile phone in Hillside Park
0:42:30 > 0:42:33and was in fact present at the attack on Farley Joseph.
0:42:33 > 0:42:37There are three main things that prove the guilt of the defendant, Jo Sales.
0:42:37 > 0:42:42The first thing is that Farley Joseph said Alex was shouting the name Jo.
0:42:42 > 0:42:45Shouting, suggesting that she did hear quite clearly.
0:42:45 > 0:42:48Also, Jo Sales' shoes were identified at the scene.
0:42:48 > 0:42:50This is the second point to consider.
0:42:50 > 0:42:51Remember how in evidence,
0:42:51 > 0:42:54Farley recalls dark blue sneakers being worn.
0:42:54 > 0:42:57Remember, these shoes were identified at the scene.
0:42:57 > 0:43:00The victim's blood has been found on these shoes
0:43:00 > 0:43:02through forensic testing by Jo Noel.
0:43:02 > 0:43:06They've also been found at the defendant Jo Sales' house.
0:43:06 > 0:43:10Even Jo Sales herself has admitted to wearing the shoes this day.
0:43:10 > 0:43:12Ask yourselves, members of the jury,
0:43:12 > 0:43:15why would she change her shoes just to walk home in?
0:43:15 > 0:43:18Shoes she was so comfortable to wear the whole day at school?
0:43:18 > 0:43:20Now, members of the jury, the defence would have you believe
0:43:20 > 0:43:23a series of improbable events that happened on that day.
0:43:23 > 0:43:26They would have you believe that Jo Sales lost her mobile phone.
0:43:26 > 0:43:29That Jo Sales happened to step in blood at the nosebleed.
0:43:29 > 0:43:31And that Farley misheard.
0:43:31 > 0:43:35Despite the fact that Alex Jordan had told her plans for the attack,
0:43:35 > 0:43:38they say she wasn't involved.
0:43:38 > 0:43:42Members of the jury, she was already involved when he told her her plans.
0:43:42 > 0:43:45However, all of this evidence relies heavily on the statement
0:43:45 > 0:43:48of Bobbi Forward.
0:43:48 > 0:43:52Remember, they're cousins, they've lived together for three years.
0:43:52 > 0:43:55Some would say they're practically sisters.
0:43:55 > 0:43:58Remember, the incident happened on 1st March and Bobbi's statement to
0:43:58 > 0:44:02the police was made to the police on 3rd March - two days later.
0:44:02 > 0:44:06Members of the jury, I ask you to question how reliable can she be?
0:44:06 > 0:44:10The Crown, however, says that Jo Sales dumped her mobile phone
0:44:10 > 0:44:14on the way home from filming the attack on Farley Joseph in Hillside Park.
0:44:14 > 0:44:20The expert forensic said this blood found on the shoe was one in one billion chance that it was not
0:44:20 > 0:44:22from Farley Joseph or related persons.
0:44:22 > 0:44:26If the Crown could take you again back to Jo Sales' cross-examination,
0:44:26 > 0:44:29Jo Sales said she was shocked that Alex was involved
0:44:29 > 0:44:31and attacked Farley Joseph.
0:44:31 > 0:44:33The Crown disputes this.
0:44:33 > 0:44:36She was already aware that he was capable when he told her his plans.
0:44:36 > 0:44:39Lastly, we have the nosebleed of Farley Joseph.
0:44:39 > 0:44:42Remember how in evidence,
0:44:42 > 0:44:45Farley said she was careful to catch the drops of blood?
0:44:45 > 0:44:47Remember Jo shouted to Farley,
0:44:47 > 0:44:49suggesting that there was a fair distance between them.
0:44:49 > 0:44:54Ask yourselves, how likely is it that Jo stepped in blood at that time,
0:44:54 > 0:44:56if there were such a distance between them?
0:44:56 > 0:44:59If there was no way that blood got on the ground -
0:44:59 > 0:45:02which is what Farley says - there is only one possible explanation
0:45:02 > 0:45:05and this in fact is the only reason.
0:45:05 > 0:45:07Jo Sales was at the attack
0:45:07 > 0:45:09and indeed filmed this attack on her mobile phone.
0:45:09 > 0:45:12If you also believe this,
0:45:12 > 0:45:15the Crown would urge you to find the defendant Jo Sales guilty.
0:45:15 > 0:45:18- Thank you. That's the case for the prosecution.- Thank you very much.
0:45:18 > 0:45:22She did very well. That last segment about the blood in the playground
0:45:22 > 0:45:25was very persuasive to me. I thought she presented that well.
0:45:25 > 0:45:27Miss Marshall?
0:45:27 > 0:45:30Members of the jury, the prosecution have tried to prove that
0:45:30 > 0:45:33the defendant was at the scene of the crime.
0:45:33 > 0:45:36Evidence of this is that Farley Joseph heard the name "Jo".
0:45:36 > 0:45:40However, Farley Joseph admits that she had an MP3 player in her ears
0:45:40 > 0:45:42at the time. With music going on
0:45:42 > 0:45:46in the background, how can she be sure what she actually heard?
0:45:46 > 0:45:49Also, Alex Jordan, Farley's ex-boyfriend,
0:45:49 > 0:45:52has been known to use slang terms - "Yo".
0:45:52 > 0:45:56How was Farley Joseph sure that she heard "Jo" instead of "yo"?
0:45:56 > 0:45:59Farley Joseph also states that she saw the sneakers of the fourth person
0:45:59 > 0:46:03who she assumed to be filming the attack.
0:46:03 > 0:46:06However, even though Farley Joseph states
0:46:06 > 0:46:10that these sneakers are not common amongst Hillside students,
0:46:10 > 0:46:12PC Russell disagrees with this.
0:46:12 > 0:46:16He says that they are common and they are popular.
0:46:16 > 0:46:18So how can we be sure this was Jo Sales?
0:46:18 > 0:46:21It could have been any other student amongst the school.
0:46:22 > 0:46:26The blood found on Jo Sales' sneakers was Farley Joseph's.
0:46:26 > 0:46:27This is not to be disputed.
0:46:27 > 0:46:31However, when and where the blood and sneakers come into contact
0:46:31 > 0:46:33is the question.
0:46:33 > 0:46:36Farley Joseph had a nosebleed in the playground earlier.
0:46:36 > 0:46:39Jo Sales was in the playground earlier.
0:46:39 > 0:46:42Jo Sales called over to Farley Joseph, to ask if she was OK.
0:46:42 > 0:46:45However, as she was having a nosebleed,
0:46:45 > 0:46:48she ran across the playground without hearing her.
0:46:48 > 0:46:51The forensic evidence proves that we cannot tell whether the blood was
0:46:51 > 0:46:56found on the shoes at the playground or at the scene of the crime.
0:46:56 > 0:47:00Finally, Jo Sales was assumed to have also filmed the attack
0:47:00 > 0:47:02on her mobile phone.
0:47:02 > 0:47:05However, to this day, the phone still has not been found,
0:47:05 > 0:47:08and so how can you be sure that ANY filming,
0:47:08 > 0:47:10let alone that Jo did it, took place?
0:47:10 > 0:47:14She's used the fact that there's no mobile phone as a strength
0:47:14 > 0:47:17for the defence and a weakness for the prosecution.
0:47:17 > 0:47:19Members of the jury,
0:47:19 > 0:47:22Jo Sales has never been involved with the police before.
0:47:22 > 0:47:25She walked home on the main road,
0:47:25 > 0:47:26she did not walk through Hillside Park.
0:47:26 > 0:47:29She was wearing her Feets and her cousin, Bobbi Forward,
0:47:29 > 0:47:35confirms this. PC Russell found the sneakers in Jo Sales' home.
0:47:35 > 0:47:38If Jo did take part in this attack, surely she'd have done
0:47:38 > 0:47:42a better job at hiding the shoes that had the blood on them.
0:47:42 > 0:47:43Jo Sales is innocent in this case.
0:47:43 > 0:47:47This case is based on ifs, buts and why. Not pure facts.
0:47:47 > 0:47:50I ask you to find the defendant not guilty.
0:47:50 > 0:47:54The barristers have summed up their case.
0:47:54 > 0:47:57The Crown would urge you to find the defendant Jo Sales guilty.
0:47:57 > 0:47:58She walked home on the main road.
0:47:58 > 0:48:00She did not walk through Hillside Park.
0:48:00 > 0:48:04But will the jury find Jo Sales guilty or not guilty?
0:48:04 > 0:48:09She seems as though she's all right, that she didn't want to be part of it.
0:48:09 > 0:48:11Well now, members of the jury,
0:48:11 > 0:48:17the directions I give you as to the law, you must accept and apply.
0:48:17 > 0:48:20However, whenever I refer to the evidence,
0:48:20 > 0:48:23the position is quite different.
0:48:23 > 0:48:30All questions of evidence and fact are for you and you alone to decide.
0:48:30 > 0:48:33That includes the evidence which has been agreed
0:48:33 > 0:48:38between the prosecution and the defence and placed before you.
0:48:38 > 0:48:45This case basically boils down to who do you believe?
0:48:45 > 0:48:50Do you believe the victim when she says that she was assaulted
0:48:50 > 0:48:57and that at the time, she heard the perpetrator of that assault say "Jo"?
0:48:57 > 0:49:01Or did, as the defence claim, did he say "yo"?
0:49:01 > 0:49:06Do you believe, as the victim says, that the person
0:49:06 > 0:49:12who stepped into the blood at the scene was this defendant?
0:49:12 > 0:49:17Do you believe the blue sneakers that were identified were the same
0:49:17 > 0:49:23sneakers, or do you believe, as the defence say, that this could have
0:49:23 > 0:49:29been blood found at the playground into which the defendant stepped?
0:49:29 > 0:49:32It's important for you to remember, members of the jury,
0:49:32 > 0:49:36that the prosecution must prove the defendant's guilt.
0:49:36 > 0:49:41It is not for her to prove that she is innocent.
0:49:41 > 0:49:44The prosecution must prove that the defendant is guilty
0:49:44 > 0:49:47beyond reasonable doubt.
0:49:47 > 0:49:51There are very few things in this world that we know
0:49:51 > 0:49:53with absolute certainty.
0:49:53 > 0:49:57Both the defence and the prosecution agree that
0:49:57 > 0:50:03if you find that Jo Sales was at the scene
0:50:03 > 0:50:11when the assault came about, then joint enterprise is made out.
0:50:11 > 0:50:17I will now ask you to retire to consider your verdict.
0:50:17 > 0:50:19Thank you very much.
0:50:19 > 0:50:21I shall keep this jury in a private and convenient place.
0:50:21 > 0:50:24I shall suffer no-one to speak to them,
0:50:24 > 0:50:27nor shall I speak to them myself, except with leave of the Court,
0:50:27 > 0:50:29save to ask them whether they have agreed upon their verdict.
0:50:29 > 0:50:32Could the jury please rise and follow me.
0:50:34 > 0:50:38In order for someone to be found guilty,
0:50:38 > 0:50:42the judge will ask the jury to come to a unanimous verdict.
0:50:42 > 0:50:47That means a verdict upon which they are all agreed.
0:50:47 > 0:50:50I think the trial process is to test the truth.
0:50:50 > 0:50:55I think people go there, they take the oath, their evidence is to be tested
0:50:55 > 0:50:57and a jury - the best place to do so -
0:50:57 > 0:51:01finds out by deliberating between themselves what they believe.
0:51:01 > 0:51:06And you get a very democratic process of the 12 then voting.
0:51:06 > 0:51:10Well, this is behind the curtain of secrecy for us.
0:51:10 > 0:51:14- This is uncharted territory. We never get to see this.- OK, guys.
0:51:14 > 0:51:18Shall we have a quick show of hands as to who wants to elect themselves to be foreman?
0:51:19 > 0:51:24- I'll put myself forward. - OK.- Anyone else?
0:51:24 > 0:51:26All right.
0:51:26 > 0:51:31Well, the problem I have is the place of where the blood is found,
0:51:31 > 0:51:34which is on the sole of the shoe.
0:51:34 > 0:51:37Does that actually mean she was at the scene of the incident?
0:51:37 > 0:51:40When you look at the blood spot, it's a circle - that's like
0:51:40 > 0:51:44when blood drops from a nose, it makes like a splodge, like that.
0:51:44 > 0:51:46That's how it looks on the shoe.
0:51:46 > 0:51:49But then the forensic scientist did say she could have stepped on it.
0:51:49 > 0:51:52I mean, call it luck, or the lack of it, really.
0:51:52 > 0:51:55I don't think she'd walk past the nosebleed, that doesn't make any sense.
0:51:55 > 0:51:58To say that the trainers aren't popular, though, that's what I don't get.
0:51:58 > 0:52:02Why would she say that they're not common in the school, when they are?
0:52:02 > 0:52:05Well, let's move on to, I think the victim.
0:52:05 > 0:52:09She had an MP3 player playing in her ears, OK? Any comments about that?
0:52:09 > 0:52:13No, other than "Jo" and "yo" are very similar.
0:52:13 > 0:52:15Someone heard them say, "Jo, do it."
0:52:15 > 0:52:17It does kind of lean towards...
0:52:17 > 0:52:20That's what I'm saying.
0:52:20 > 0:52:24That's what I expect a jury room to be - I think this is realistic.
0:52:24 > 0:52:28- Some quiet ones, some strong ones. - Also, just another point.
0:52:28 > 0:52:30You know how we're saying it's very coincidental? Don't forget
0:52:30 > 0:52:33Jo hasn't had a criminal record or any...
0:52:33 > 0:52:37She's never been involved in any type of crime.
0:52:37 > 0:52:41She seems as though she's all right, she didn't want to be part of it.
0:52:41 > 0:52:44Also, we should take into account the cousins gave in their statement
0:52:44 > 0:52:46two days afterwards.
0:52:46 > 0:52:48It could be that the cousin tweaked the story
0:52:48 > 0:52:51so that it matched and reinforced what her...
0:52:51 > 0:52:52Definitely. I agree.
0:52:52 > 0:52:55She's been living in their house for three years, like sisters,
0:52:55 > 0:52:58- you wouldn't let them go to prison.- Yeah.
0:52:58 > 0:53:00Or suffer consequences just like that.
0:53:00 > 0:53:02- You'd obviously back up someone in your family.- Is that it?
0:53:02 > 0:53:05- Any more points?- No.
0:53:05 > 0:53:08Shall we take another count of who thinks that Jo Sales
0:53:08 > 0:53:10is indeed guilty?
0:53:12 > 0:53:16OK. That's 3 out of 12. And 9 against.
0:53:18 > 0:53:22If, after a period of time, the judge comes to the conclusion
0:53:22 > 0:53:26that it is possible to take a majority verdict, then the judge
0:53:26 > 0:53:33could accept a verdict about which 10 of the 12 jurors are agreed.
0:53:33 > 0:53:37What stands against a jury here today is that there was no witness
0:53:37 > 0:53:40for the victim.
0:53:40 > 0:53:46She was attacked, obviously, because we know that.
0:53:46 > 0:53:50She had an MP3 player playing in her ears, OK?
0:53:50 > 0:53:52The only thing we have to go on is the fact there's blood on her shoe
0:53:52 > 0:53:56and no-one knows when the blood got on the shoe - it could have been either time.
0:53:56 > 0:53:59- It is very weak evidence.- I don't think there's enough to say...
0:53:59 > 0:54:02- I don't think there's enough to put her away.- Yeah.
0:54:02 > 0:54:06And that should be the point to take a vote. Is there enough?
0:54:06 > 0:54:08So, can I have a show of hands of who thinks that Jo Sales
0:54:08 > 0:54:11is not guilty?
0:54:13 > 0:54:16OK, so that means that we have a vote of 11 out of 12.
0:54:16 > 0:54:22If the jury comes back and finds the defendant guilty,
0:54:22 > 0:54:26then it will be a matter for the judge to sentence that defendant.
0:54:26 > 0:54:29In order to decide upon the appropriate sentence,
0:54:29 > 0:54:31a judge will have to do a number of things.
0:54:31 > 0:54:34The first thing the judge will have to do is take into account
0:54:34 > 0:54:37the facts of the case and what happened
0:54:37 > 0:54:43and the severity of the allegations made against the defendant.
0:54:43 > 0:54:46So, for example, in this case, a judge will have to consider
0:54:46 > 0:54:51the amount of damage that was caused to the victim.
0:54:51 > 0:54:53The judge will also take into account
0:54:53 > 0:54:54the history of the defendant.
0:54:54 > 0:54:59The defendant may have lied on their oath
0:54:59 > 0:55:05and it's likely that the defendant will be treated more harshly
0:55:05 > 0:55:09than if the defendant simply owned up to it and pleaded guilty.
0:55:10 > 0:55:14So finding someone guilty of an offence of actual bodily harm
0:55:14 > 0:55:16is a very serious thing to do.
0:55:20 > 0:55:21Would the defendant please stand.
0:55:23 > 0:55:25Could the foreman please stand.
0:55:25 > 0:55:29Have you reached a verdict upon which you have all agreed?
0:55:29 > 0:55:31No, we have a majority.
0:55:35 > 0:55:36What is your verdict?
0:55:36 > 0:55:39- Not guilty.- You may be seated.
0:55:42 > 0:55:48You have been discharged by this jury. You may now leave the dock.
0:55:52 > 0:55:55Members of the jury, may I thank you for your service.
0:55:55 > 0:55:58You have discharged your civic duty.
0:55:58 > 0:56:01Without jurors being prepared to try matters like this,
0:56:01 > 0:56:06our judicial system would not be that which it is.
0:56:06 > 0:56:10I thank you very much. You may now leave the court.
0:56:12 > 0:56:15With the verdict announced, the journalist uses the notes taken
0:56:15 > 0:56:20during the trial to film her report ready for the evening news deadline.
0:56:20 > 0:56:22Today at the Old Bailey,
0:56:22 > 0:56:25a 17-year-old was relieved to be acquitted of the charge
0:56:25 > 0:56:28of actual bodily harm for her alleged part in a malicious
0:56:28 > 0:56:33after-school attack that took place in Hillside Park on 1st March 2011.
0:56:33 > 0:56:36The defendant, who cannot be named for legal reasons,
0:56:36 > 0:56:39did not physically assault the victim,
0:56:39 > 0:56:42however was accused of filming the attack on her mobile phone
0:56:42 > 0:56:45and was therefore being tried under the principle of joint enterprise.
0:56:45 > 0:56:49The prosecution's case was based on circumstantial evidence
0:56:49 > 0:56:51and a series of coincidences.
0:56:51 > 0:56:54After lengthy deliberation, the jury returned
0:56:54 > 0:56:56and there was silence in the court.
0:56:56 > 0:56:59The foreman stood and revealed the not-guilty verdict
0:56:59 > 0:57:03and the defendant seemed to breathe a sigh of relief.
0:57:03 > 0:57:06In summing up, Baroness Scotland said that there were very few things
0:57:06 > 0:57:08in this world that we know in absolute certainty,
0:57:08 > 0:57:10but it was for the jury to decide.
0:57:10 > 0:57:14This is Charlotte Isling, BBC London News, at the Old Bailey.
0:57:15 > 0:57:19Well, let me first say congratulations to both teams today.
0:57:19 > 0:57:23We've been thrilled at how all of you have performed
0:57:23 > 0:57:26and on balance, when you look at what we saw in the jury room,
0:57:26 > 0:57:28you'll see how the jury got to that decision.
0:57:28 > 0:57:31There was really a debate in there
0:57:31 > 0:57:34and that's down to the fact that you both did your jobs very well.
0:57:34 > 0:57:38Don't think of it as lost - think of it as the whole experience
0:57:38 > 0:57:41and the fact that this is the criminal justice system working.
0:57:41 > 0:57:46What I really enjoyed is the fact that you didn't get sidetracked.
0:57:46 > 0:57:48That really comes from years of experience,
0:57:48 > 0:57:51but you already were doing it now.
0:57:52 > 0:57:57So what did the students think of each other's performance in court?
0:57:57 > 0:58:00The way they put forward their case was more friendly, I think,
0:58:00 > 0:58:01than sometimes I could be.
0:58:01 > 0:58:04And I think their tone, and the way they handled their witnesses,
0:58:04 > 0:58:08their witness and them had a really good relationship.
0:58:08 > 0:58:10Let's look at how it felt being the defendant.
0:58:10 > 0:58:14um, I started to think that I was a bit more guilty!
0:58:16 > 0:58:20I felt that they picked out all the right points to focus on.
0:58:20 > 0:58:24I hope that the events have given some of you some enthusiasm and
0:58:24 > 0:58:28aspiration to come and do our job, as barristers, because we need you.
0:58:28 > 0:58:31You're the future not just of the bar of England and Wales
0:58:31 > 0:58:34but of the judiciary - that's a hugely important thing.
0:58:35 > 0:58:37Something to look for in the future,
0:58:37 > 0:58:41it's a nice little taster of what it's going to be like.
0:58:41 > 0:58:44Before, I thought law was very boring.
0:58:44 > 0:58:47Not really interested. I got into it and I absolutely love it.
0:58:47 > 0:58:50When you're young and you say, "I want to be a lawyer when I'm older,"
0:58:50 > 0:58:54it sounds really like you're not going to do it and you realise, actually, I can do it.
0:58:54 > 0:58:56It's been overall, a good experience.