Young Legal Eagles


Young Legal Eagles

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-Your name?

-Jo Sales.

-You're charged with occasioning actual bodily harm.

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-Jo, you'd better be getting a good shot of this.

-Urgh!

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Is it even possible that you mistook what Alex actually said?

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I definitely heard "Jo".

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I did recover a pair of dark blue sneakers,

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which I later sent for forensic analysis.

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Did you find anything when you examined them?

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Yes, I detected a small amount of blood on the sole of the right trainer.

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Is there anyway that Jo Sales can be lying to you?

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I don't think my cousin would ever lie to me, to be honest.

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-How do you plead?

-Not guilty.

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The Old Bailey, London.

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Crowned by the statue of Lady Justice,

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this is the most famous criminal court in the world.

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All rise.

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For the first time ever, cameras have been allowed inside

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an Old Bailey courtroom and the case you're about to see is unique.

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All the key roles, including barristers, the jury,

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and witnesses, will be played

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by teenagers from UK state schools who are getting an opportunity to find out

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for themselves how the legal system really works.

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As the trial unfolds,

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they will gain a unique insight into the anatomy of a court case.

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-You weren't anywhere near Farley Joseph?

-Yes, I was.

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I saw her have a nosebleed.

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And overseeing proceedings is a real judge,

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former Attorney-General, Baroness Scotland QC.

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All questions of evidence and fact are for you alone to decide.

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Acting as mentors, guiding them through the trial,

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are two teams of expert barristers.

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Assisting the prosecution team, from Essex, are Tim Salisbury

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and Nicola McKinney.

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You're going to be a lot more aggressive.

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Aiding the defence team, from London, are Jacqueline Caspi

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and Lawrence Power.

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Practice makes perfect and it's needed here.

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The case is fictional, but the battle between prosecution

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and defence, to prove guilt beyond reasonable doubt, is very real.

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You say you heard someone behind you - did you turn around to see who this person was?

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No, I didn't.

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Would it be accurate to assume that your hearing may have been

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-slightly impaired?

-I don't think that's fair to say.

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-So, you wouldn't like to see her in trouble?

-No, I wouldn't.

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They're going to have to say she's a liar.

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In fact, that's why you're here, to lie to protect her?

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-She had to do that.

-She had to.

-They are the Young Legal Eagles.

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When the criminal trial process begins,

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a defendant is regarded as innocent.

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The prosecution must prepare their evidence.

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They must prepare their witnesses and their other physical evidence

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and prove the guilt of the defendant through the trial process

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if the defendant pleads not guilty to what he's charged with.

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In the courts of England and Wales we have an adversarial system.

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So you have two sides in any courtroom, it's going to be,

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in a criminal court, prosecution and defence.

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They're pitted against each other

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and the end result is supposed to be a fair result.

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So, how do you achieve that?

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Taking on the case for the prosecution are Sam Byrne and Hannah Gladwell.

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I think, when you get in there, you've got to remember to

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keep professional, but I think the adrenaline kicks in and you,

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kind of, almost rely on that a little bit to propel you forward.

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You prepared well, so you know what you have to say, it's just being professional about it.

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-Yeah.

-Before we start, I think it would be helpful to go through

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what we think the prosecution actually does in a trial.

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What's their ultimate goal?

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I would say it's to try and get, obviously,

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the jury to give a guilty verdict at the end.

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-OK.

-So, to try and present evidence to show that.

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Any other considerations that the prosecution might have in mind?

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You have to prove it beyond reasonable doubt, as a prosecution barrister,

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whereas the defence have just got to present reasonable doubt in a case.

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Every prosecutor also has to bear in mind that they're

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acting in the interests of justice.

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They're not trying to secure a conviction at all costs.

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The prosecution's presenting a factual picture that,

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if all the evidence is shown to be accurate,

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they say is enough for a conviction.

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The defence is then going to try to pick that apart.

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The prosecution, short for the Crown Prosecution Service,

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work on behalf of the Government.

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They bring the case against the defendant.

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It's not the defendant's role to disprove

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or to prove their innocence, but rather to test the prosecution's case.

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Representing the defence are Deborah Azenga and Sadie Marshall.

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If something doesn't go well I have to think on my feet.

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OK, what am I going to do? What am I going to say? All eyes are on me. I have to just go with it.

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So, I think it's brought a lot of confidence to the table.

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The first thing I want you to understand is, when you

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make your arguments in this case, you'll be making them for a jury.

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That's the most important thing to know.

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The role of the defence is to persuade the jury

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that there is reasonable doubt in the case that they're hearing.

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That means that they can't be certain about the prosecution case.

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All rise.

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Many people take part in making the justice system work.

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Overseeing the court proceedings is the judge,

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who is employed by the state.

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The judge has a very different job to the job of either counsel for the prosecution

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or counsel for the defence.

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The judge, if you like,

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is the fair umpire, to make sure

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a fair contribution is made by all

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and the jury has the best chance to understand

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what actually happened on the day in question.

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Assisting the judge is the court clerk,

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who begins the trial by reading out the charge.

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-What is your name?

-Jo Sales.

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You are charged with assault occasioning actual bodily harm,

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contrary to Section 47

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of the Offences Against The Persons Act 1861.

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In that you, Jo Sales, on the first day of March 2011,

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together with Alex Jordan and persons unknown,

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assaulted Farley Joseph, occasioning actual bodily harm.

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-Do you understand?

-Yes.

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The position is a defendant can either plead guilty,

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which means that they accept the evidence presented

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and accept they've done wrong,

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and then they will be sentenced and punished for their offence.

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The alternative is that a defendant pleads not guilty,

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says that they didn't do it

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and that they will dispute the case against them

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-How do you plead? Guilty or not guilty?

-Not guilty.

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You may be seated. Could the jury please rise.

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Could you repeat after me. I will faithfully try the defendant...

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JURY: I will faithfully try the defendant.

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..and give a true verdict according to the evidence...

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'The reason it's so important to have a jury'

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is that is where ordinary men and women

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are able to adjudicate on those facts

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and we're able to have a trial by people who are just like us.

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Prior to the trial of Jo Sales,

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Alex Jordan was found guilty of assault causing actual bodily harm

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for the attack upon Farley Joseph. In the case of The Queen vs Sales,

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although there is no allegation that Jo Sales struck the victim,

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she allegedly filmed the attack and is being charged under

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the principal of joint enterprise for the same offence as Alex Jordan.

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What you're about to see is a dramatic reconstruction

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of the attack on Farley Joseph, based on the victim's testimony.

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On 1st March 2011,

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Farley Joseph was walking through Hillside Park

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on her way home from school, listening to songs on her MP3 player.

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Waiting for her inside the park was Alex Jordan,

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who intended on teaching Farley a lesson by filming

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an attack on her and posting it on the internet.

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-Here she comes.

-Right, come on.

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As Alex Jordan and a gang of three others approached Farley,

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she was also aware of someone else behind her,

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but did not turn around to see who it was.

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GIGGLING

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I'm going to make sure that everyone knows

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you're a no-good lowlife.

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-Loser!

-You're a loser, Farley.

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-Loser!

-Loser!

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Jo, you better be getting a good shot of this.

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-Loser!

-Loser!

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When this goes out on the internet,

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everyone will know what a loser Farley is.

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SHE SCREAMS

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GIGGLING

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After a few minutes, Farley lay on the ground dazed and upset.

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There was a small amount of blood on the floor.

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As Alex and the gang in front of her left the scene,

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Farley Joseph caught a glimpse of someone stepping in her blood,

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who she assumed must have been filming the attack.

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However, the defendant Jo Sales

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denies being present at the scene of the assault.

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The Crown's case is that Jo Sales

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committed actual bodily harm

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on the basis that she took part in the offence,

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not that she actually caused the actual bodily harm,

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but that she knew that it was going to take place

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and that is a concept called joint enterprise.

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With the charge against Jo Sales established...

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-How do you plead? Guilty or not guilty?

-Not guilty.

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..the prosecution begin proceedings with their opening statement.

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The Crown argue that Jo Sales was indeed one of those four others

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and that she indeed filmed the attack on her mobile phone.

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Now, members of the jury, your role will be to assess the evidence,

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decide the relevant facts, and in due course deliver your verdict.

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I'm now going to ask prosecuting counsel to open this case to you.

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Your Honour, members of the jury, along with my learned friend

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Miss Gladwell, I appear for the prosecution.

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My learned friends Miss Azenga and Miss Marshall

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appear for the defence.

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The defendant Jo Sales is charged with assault occasioning

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actual bodily harm in that she was present

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and filmed an attack on Farley Joseph.

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Now, there is no dispute over whether this attack has actually happened

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because Alex Jordan has already been convicted

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of assault occasioning actual bodily harm towards Farley Joseph.

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The Crown's argument is that Jo Sales was present

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and did indeed film this incident.

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If you believe this to be the case,

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she may be convicted under the principle of joint enterprise.

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Let me give you a brief outline of the facts.

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The opening statement for the prosecution is extremely important.

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It is the road map that you're going to use to convince the jury

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of what you're ultimately saying,

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which is that the defendant is guilty.

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With an opening speech, you don't want to be too lengthy.

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It's got to be fairly succinct, so you're not getting into the details

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of the evidence you'll hear. You're giving them the highlights.

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On 1st March 2011,

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Farley Joseph was walking home through Hillside Park,

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where she was approached by Alex Jordan and four others.

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It was then that she was attacked, members of the jury.

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The Crown argue that Jo Sales was indeed one of those four others

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and that she indeed filmed the attack on her mobile phone.

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The first witness you'll hear from is Farley Joseph, the victim.

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She'll present to you two pieces of evidence which place

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Jo Sales at the scene of this attack.

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Firstly, she clearly heard Alex Jordan call out to Jo.

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And secondly, members of the jury,

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she saw a distinctive pair of branded dark blue sneakers.

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Outside the courtroom,

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the mentors are watching the trial proceedings as they unfold.

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Look at his eye contact with the jury. He's not looking down,

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it's all recollection, and that's great in that communication

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and getting that information over.

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You'll hear, members of the jury, from PC Russell,

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the police office who was sent to the home address of Jo Sales.

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He will inform you of how he found a pair of dark blue sneakers

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at Jo's home address

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which did indeed have Farley Joseph's blood on them.

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Now Jo Sales claims to have lost her mobile phone on this very day.

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However, the prosecution argue that she deliberately dumped

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her mobile phone to stop any evidence

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of her filming the attack being found.

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I hope that the defence are taking note of what he's saying,

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because he's pulling the prosecution case quite high.

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If you believe that Jo Sales filmed this attack,

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she may be guilty under the principle of joint enterprise.

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Joint enterprise is simply

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where a group of people set out together

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knowing roughly what will happen.

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Now, if they take part in or encourage the incident

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in any way, they may be equally guilty.

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Remember, members of the jury, you are the sole judges of fact.

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You must take the law from the judge. Thank you.

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If it pleases you, the Crown would like to call

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their first witness, Farley Joseph.

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After being called, the witnesses are brought into court by the usher.

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By being questioned under oath,

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the truthfulness of their statement can be examined by the jury.

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Playing the role of the victim, Farley Joseph, is Danielle Wright.

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-..the whole truth.

-The whole truth.

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-And nothing but the truth.

-And nothing but the truth.

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It's very important that the students stick within their statements,

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because those statements set out the scene,

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the story and the other pieces of evidence from the other witnesses.

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What are the main points as prosecution team

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that you want to get in Farley Joseph's evidence?

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We're trying to establish

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whether Jo Sales was actually there at the attack, filming it.

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What we're trying to do is present her evidence of what

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she remembers, what she saw, and make the jury believe

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that evidence is true, so using her to prove the guilt of Jo Sales.

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-For the benefit of the court, can you please state your name?

-Farley Joseph.

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I'm asking the questions, but could you please keep your voice up

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and direct your answers towards the jury.

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In a courtroom, a witness will be directed

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to deliver their answers to the jury.

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Even though they're being asked questions by the barrister,

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and the natural response is to answer the barrister,

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but the jury are going to be making the decision.

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Can you recall what happened on 1st March 2011?

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I was walking through Hillside Park on my way home from school.

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I was listening to my MP3 player to try and cheer myself up a bit.

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Why were you cheering yourself up?

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-My boyfriend, Alex Jordan, had dumped me at lunchtime.

-Did you talk to him about this?

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I tried to explain to him that I wasn't cheating on him

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and that the text from Loz Carr, he's just my friend

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and it's no big deal, but he wasn't listening.

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So what was happening as you were walking home?

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I saw Alex Jordan and three of his friends approach me from the front.

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I could hear someone behind, but I didn't turn round.

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And what happened after this?

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Alex came up to me and he grabbed me by my coat

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and said he's going to show everyone what a no-good lowlife I am.

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He started calling me a loser and his mates were joining in.

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They were shouting at me.

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-How were you feeling?

-I was quite intimidated and upset.

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Did he say anything else?

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He spoke to the person behind me, who I assume must have been

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filming it, and he shouted, "Jo, you better get a good shot of this.

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"When this goes on the internet,

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"everyone will know what a loser Farley is."

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-And are you sure of what you heard?

-I definitely heard the name Jo.

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Do you know of any Jo?

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The only Jo I know and Alex knows is Jo Sales.

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What happened after this?

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They started punching me and pelting me with eggs.

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I laid on the floor crying for a bit

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and then I saw the four people in front of me run away,

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and that was including Alex.

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The person behind me ran past me

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and they stepped in my blood,

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which was on the floor.

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The answer's too long. That's the entire point of the identification.

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It's critical that the jury get that.

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You have to always think about juries as just being real people.

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Their attention is going to flag at times.

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You need to make sure that you don't rush through

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or assume bits of knowledge.

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Everything needs to be sort of connected together.

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Can you remember what they were wearing at all?

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As I was lying on the floor, I could only see their feet,

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but they were definitely wearing a dark blue pair of sneakers.

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That's the brand sneakers.

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So you made your statement to the police. When was that?

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-On 1st March.

-And did they ask you about the attack?

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They asked me if there was any point during that day that anyone

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-could've got my blood on their shoes.

-And was there?

-Yeah.

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Just before afternoon registration, I had a nosebleed in the playground.

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I didn't have a tissue, so I had to go to the toilet to get one.

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Did you see this Jo Sales that day in the playground?

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I definitely didn't see Jo Sales in the playground.

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Thank you. I have no further questions, but I'm sure my learned friend will.

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When a defence barrister asks prosecution witnesses questions,

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that's called cross examination.

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The purpose of defence cross examination is to test the evidence.

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That means to see if it's accurate, truthful and reliable or not.

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-So, Miss Joseph, you were previously dumped that day?

-Yes, I was.

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-And how were you feeling over the break-up?

-I was a little bit upset.

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I mean, he wouldn't listen to me about the text,

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so I suppose it's his loss, really.

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'What do you think is a proper style'

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of asking questions in this case to this victim?

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Obviously they're a victim and they've been through an ordeal,

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so you have to kind of respect that and ask them not in a badgering way,

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but a sort of calm way, to actually get the evidence out of them.

0:17:430:17:46

Am I correct in saying you were listening to music on your MP3?

0:17:460:17:49

Yes, I was.

0:17:490:17:51

-So you had headphones in both your ears?

-Yes.

0:17:510:17:54

And you would agree that your ability would be impaired

0:17:540:17:56

-to some extent?

-I wouldn't say so,

0:17:560:17:59

it was just sort of a bit of background music.

0:17:590:18:02

You say you heard someone behind you.

0:18:020:18:04

-Did you turn around to see who this person was?

-No, I didn't.

0:18:040:18:07

So the only identification you had was sound?

0:18:070:18:09

Yes.

0:18:090:18:11

So you were unable to catch the identity of the person behind you?

0:18:110:18:14

Other than their footwear, yes.

0:18:140:18:16

What was Alex shouting at you?

0:18:160:18:19

He grabbed my coat and shouted,

0:18:190:18:22

"I'm going to show everyone what a no-good lowlife you are."

0:18:220:18:24

Then he said to the person behind me, "Jo, get a good shot of this. When this goes on the internet,

0:18:240:18:29

"everyone will know what a loser Farley is."

0:18:290:18:31

Is it possible that you mistook what Alex actually said?

0:18:310:18:35

I definitely heard, "Jo."

0:18:350:18:37

-You say you caught a glimpse of the trainer.

-Yes, I did.

0:18:370:18:40

-Are these sneakers common in your school?

-Not really.

0:18:400:18:45

Just to remind the court, you had the nosebleed during the day?

0:18:450:18:47

Yes, I did.

0:18:470:18:49

And the nosebleed took place in the playground, and you had no tissue,

0:18:490:18:52

so you had to walk all the way to the toilet to take care of this?

0:18:520:18:55

Yes. I covered my nose and mouth like this

0:18:550:18:58

to try and stop obviously getting it on my uniform.

0:18:580:19:01

You must've been in a hurry, distressed.

0:19:010:19:03

You weren't looking around the playground to see who was there?

0:19:030:19:06

-No, I didn't.

-But how can you be so sure

0:19:060:19:08

you didn't see Jo Sales in the playground?

0:19:080:19:11

I was focusing on my nosebleed.

0:19:110:19:13

-So therefore you weren't focusing on who was in the playground?

-No.

0:19:130:19:16

-I definitely didn't see Jo.

-No further questions, your Honour.

0:19:160:19:20

Your Honour, may we release the witness from the stand.

0:19:200:19:23

After questioning is over, the witnesses can then choose

0:19:230:19:26

to stay in court and watch proceedings from the witness bench.

0:19:260:19:29

-I think, on balance, that was a reasonable cross examination.

-It was, yeah.

0:19:290:19:33

I mean, regardless of whether the defendant was involved,

0:19:330:19:37

This is still someone who's suffered a nasty assault.

0:19:370:19:40

The victim Farley Joseph has given her evidence.

0:19:400:19:43

I could only see their feet,

0:19:430:19:45

but they were definitely wearing a dark blue pair of sneakers.

0:19:450:19:48

The prosecution uses forensics for their case.

0:19:480:19:51

When you examined the trainers, what did you look for?

0:19:510:19:53

Blood that could've come from Farley Joseph.

0:19:530:19:57

Inside the courtroom, watching the case,

0:19:570:20:00

are members of the general public and representatives from the press,

0:20:000:20:03

including the court artist and news reporter, who closely follow proceedings

0:20:030:20:08

and give their take on the trial as it develops.

0:20:080:20:11

Court reporting is absolutely vital.

0:20:110:20:13

It's a fundamental principle of our system of justice

0:20:130:20:15

that it should be open.

0:20:150:20:17

In theory, that means that anybody off the street

0:20:170:20:19

can come into a courtroom and watch what is happening.

0:20:190:20:21

There are public benches in all courts to allow that to happen.

0:20:210:20:26

The thing that reporters need is something visual.

0:20:260:20:28

Television is so reliant on images.

0:20:280:20:32

So, because they don't have cameras in court, I provide that.

0:20:320:20:37

The Contempt of Court Act says that no drawings are allowed to be made in court.

0:20:370:20:44

It has to do with not wanting to intimidate witnesses,

0:20:440:20:48

or expose a defendant to undue publicity.

0:20:480:20:54

The way I do it is I memorise people's faces.

0:20:540:20:59

I am allowed to take written notes and then I go away and do my sketch.

0:20:590:21:04

What we can say and what we can do are governed by ensuring

0:21:040:21:08

that the trial is fair and takes place as it should.

0:21:080:21:12

For example, before a trial begins, there are lots of things that we can't say about case,

0:21:120:21:16

because that might somehow prejudice the jury.

0:21:160:21:20

It's a fundamental principle, firstly, that someone is innocent until they're proven guilty

0:21:200:21:25

and secondly that, in the eyes of society, everybody has a good name.

0:21:250:21:30

As well as issues of privacy, prejudice and libel,

0:21:300:21:32

every reporter needs to be aware of the Contempt of Court Act.

0:21:320:21:36

That means that if you don't follow the rules of court, you can be arrested.

0:21:360:21:40

The whole point of contempt is it is designed to stop somebody being unfairly found guilty.

0:21:400:21:44

Sitting beside news reporter Ben Ando is student Charlotte Isling,

0:21:440:21:49

who will be reporting on the verdict at the end of the trial.

0:21:490:21:54

-Any more witnesses, Mr Byrne?

-If it pleases Your Honour,

0:21:540:21:57

the prosecution would like to call their second witness, PC Russell.

0:21:570:22:00

Very well.

0:22:000:22:01

'A police witness is just a witness.

0:22:010:22:03

'They are not necessarily for the defence or for the prosecution.'

0:22:030:22:06

There are a witness, like anybody else,

0:22:060:22:08

who is there purely to say what they saw, what they observed,

0:22:080:22:12

what they know about the case and what they have learned.

0:22:120:22:16

The officer is a professional witness, so is expected to obey the rules of the court.

0:22:160:22:20

No emotional outbursts, no opinions to be...

0:22:200:22:23

and don't answer a question that wasn't asked of you.

0:22:230:22:26

Playing the role of the arresting officer in the case is Tom Sweeney.

0:22:260:22:31

For the benefit of the court, can you please identify yourself?

0:22:310:22:35

I am PC Russell, attached to Hillside police station.

0:22:350:22:37

Where were you at 7pm on 1st March 2011?

0:22:370:22:42

I received an instruction via my radio earpiece to attend

0:22:420:22:45

the address of one Jo Sales in order to make an arrest.

0:22:450:22:48

for the alleged assault on a victim.

0:22:480:22:49

Generally, a police officer will be there trying to prove their point,

0:22:490:22:55

that what they saw and heard proves that

0:22:550:22:58

the person is guilty of what they suspected they were guilty of.

0:22:580:23:01

How did you receive this order?

0:23:010:23:03

I received it via a new earpiece we were trialling.

0:23:030:23:06

-Is this a regular way in which you receive orders?

-It's not, no.

0:23:060:23:08

We were trialling it for the first time on 1st March.

0:23:080:23:12

The trial discontinued on 5th March, I believe.

0:23:120:23:14

Do you know why it was discontinued?

0:23:140:23:16

Actually, some officers on the force were complaining about

0:23:160:23:19

the way it affected their understanding of communication with witnesses and the like.

0:23:190:23:24

I, for one, didn't experience those problems, but I can understand why.

0:23:240:23:28

You said you received an order. Did you go to Jo's home address?

0:23:280:23:32

I did indeed, yes. I knocked on the door and Jo Sales answered.

0:23:320:23:34

-What do you say to Jo?

-I said, "Where is your mobile phone?"

0:23:340:23:39

-And how did Jo seem when you asked this?

-She actually began to cry.

0:23:390:23:43

Then she answered that they'd lost it.

0:23:430:23:47

I explained why she was under arrest

0:23:470:23:49

and she was clearly quite distressed at that,

0:23:490:23:51

but I believe she was being a bit flustered by the whole incident.

0:23:510:23:55

But she did go on to say that she didn't understand what was going on.

0:23:550:23:58

-Was that the end of your conversation with Jo?

-It was, yes.

0:23:580:24:02

-But I did go in to search the property.

-And did you find anything?

0:24:020:24:06

I was originally there to search for a mobile phone, as used in the assault,

0:24:060:24:10

but unfortunately I was not able to recover the mobile phone.

0:24:100:24:13

I did, however, recover a pair of dark blue sneakers,

0:24:130:24:16

which I later sent for forensic analysis.

0:24:160:24:18

Would the usher please show the evidence to PC Russell?

0:24:180:24:21

Are these the sneakers you found in Jo Sales' home address?

0:24:230:24:27

Yes, these do appear to be the same sneakers.

0:24:270:24:29

If it pleases Your Honour, may these be exhibit A?

0:24:290:24:33

Sam is using this time to think about where he has got to in his questioning,

0:24:330:24:38

what has come out and what he would like to have come out.

0:24:380:24:43

-PC Russell, are you familiar with this make of trainer?

-Yes.

0:24:430:24:45

They are reasonably common at the Hillside School -

0:24:450:24:47

the school I most generally attend.

0:24:470:24:49

-Are they common in any particular colours at all?

-They are.

0:24:490:24:52

They are common in the dark blue and black colours.

0:24:520:24:55

Thank you. I've got no further questions.

0:24:550:24:57

-If you'd like to wait there, I'm sure my learned friend will have some.

-Of course.

0:24:570:25:02

-Good afternoon, PC Russell.

-Good afternoon.

0:25:020:25:05

On 1st March, you were instructed via the earpiece

0:25:050:25:07

to attend the home of Jo Sales. Is this correct?

0:25:070:25:09

That is absolutely correct, yes.

0:25:090:25:12

And remind the court when you were given this earpiece.

0:25:120:25:15

I was given it on the day. It was 1st March, just as I came on duty.

0:25:150:25:19

How will the defence team approach their cross-examination of PC Russell?

0:25:190:25:23

We do want to put him forward as a credible witness.

0:25:230:25:25

We don't want to make out that he's lying or making things up,

0:25:250:25:31

but what we can say is that maybe there was something that caused him

0:25:310:25:36

to write in his statement things he may not have heard accurately.

0:25:360:25:42

Sorry, remind us again why the earpiece was being used.

0:25:420:25:45

It was to receive incoming transmissions,

0:25:450:25:47

so the centre could instruct the police officers what to do.

0:25:470:25:51

And it was being used on the first day, that day.

0:25:510:25:54

-That's absolutely correct, yes.

-So, it was like a trial.

0:25:540:25:57

It was a trial, yes. It lasted, I think, five days. Up until 5th March.

0:25:570:26:00

-Yes, so it was like an experiment.

-Yes. You could say an experiment.

0:26:000:26:04

She's putting keywords, like "trial period", "experiment",

0:26:040:26:08

which will resonate with the jury.

0:26:080:26:09

And so the experiment was discontinued five days later,

0:26:090:26:13

because officers were complaining that it was difficult

0:26:130:26:16

-to hear what was going on around them.

-Yes.

0:26:160:26:18

Some officers were actually experiencing some difficulties understanding.

0:26:180:26:23

-You say that Jo said they lost it.

-Yes, she did.

0:26:230:26:25

Would it be accurate to assume that your hearing might have been

0:26:250:26:29

slightly impaired with this earpiece that was discontinued five days later?

0:26:290:26:32

I don't think that's fair to say at all.

0:26:320:26:35

Take us back to when you searched Jo Sales' property.

0:26:350:26:38

-Did you find the alleged phone?

-I didn't, I was unable to recover it.

0:26:380:26:42

-However, you did find the blue sneakers.

-Yes.

0:26:420:26:44

And you are familiar with these sneakers.

0:26:440:26:46

-Absolutely, they are very common.

-No further questions, Your Honour.

0:26:460:26:49

Thank you very much.

0:26:490:26:51

She has really pulled this out

0:26:510:26:52

and this is all her own work at the last minute.

0:26:520:26:54

Well done.

0:26:540:26:56

The final prosecution witness to take the stand is Jane Noel,

0:26:560:26:59

played by Charlotte Naylor.

0:26:590:27:01

-For the benefit of the court, can you please state your name?

-Jane Noel.

0:27:020:27:05

-Your age?

-43.

-And your occupation.

-I'm a forensic scientist.

0:27:050:27:09

Giving his opinion on the case, expert forensic scientist

0:27:090:27:12

Ray Chapman mentors the prosecution team on Jane Noel's statement.

0:27:120:27:17

In this case that we are doing now, there is some blood on the shoes.

0:27:170:27:21

How easy would it be for you to determine how the blood actually got there?

0:27:210:27:25

In the case we're dealing with, we've got very little information

0:27:250:27:28

about what the bloodstain looked like.

0:27:280:27:30

What is more relevant is where it is found.

0:27:300:27:33

The difficulty you've got with this is that both sides

0:27:330:27:36

are giving the same activity to explain the staining.

0:27:360:27:40

They're both saying that the trainer stood on a bloodstain.

0:27:400:27:46

I think it's probably right to say that we can't really distinguish

0:27:460:27:49

between the stain getting on the shoe at the time of the attack

0:27:490:27:53

or at the time of the nosebleed.

0:27:530:27:55

The vast majority of cases that we do,

0:27:550:27:58

we produce a statement and we will never have to go to court.

0:27:580:28:02

If we are required at court, we will be contacted,

0:28:020:28:05

usually by the prosecution side.

0:28:050:28:08

What were you doing on 3rd March 2011?

0:28:080:28:10

On 3rd March, I examined two dark blue sneakers - trainers -

0:28:100:28:14

belonging to Jo Sales.

0:28:140:28:15

Would the usher please show Jane Noel exhibit A?

0:28:150:28:19

-Are these the sneakers that you examined?

-Yes, they are.

-Thank you.

0:28:190:28:25

Did you find anything on the sneakers?

0:28:250:28:27

Yes, I detected a small amount of blood on the sole of the right trainer.

0:28:270:28:31

-Is this consistent with someone stepping in blood?

-It is, yes.

0:28:310:28:34

When you examined the trainers, what were you looking for?

0:28:340:28:37

I was looking to see if the blood could have come from Farley Joseph.

0:28:370:28:41

-And how did you do this?

-I compared the DNA of the blood on the shoe

0:28:410:28:44

to the DNA of Farley Joseph.

0:28:440:28:46

-And what have you conclude?

-I have concluded that there is a one in one billion possibility

0:28:460:28:50

of the blood having not come from Farley Joseph or persons related to her.

0:28:500:28:54

Thank you. I've got no further questions. Please wait - I'm sure my learned friends will have some.

0:28:540:28:58

We don't have a difficulty with your expert witness.

0:28:580:29:00

-Virtually all of her evidence is agreed.

-Good afternoon, Miss Noel.

0:29:000:29:05

Could your test identify if Jo Sales picked up the blood at the school or at Hillside Park?

0:29:050:29:10

-It's not possible to say.

-No further questions, your honour.

0:29:100:29:13

You can't put that piece of evidence to the park or the playground.

0:29:130:29:19

-Yes, the location is still up for grabs.

-Which is doubt.

-Yep.

0:29:190:29:23

Having heard the case against Jo Sales...

0:29:230:29:25

Do you intend to call any further witnesses, Mr Byrne?

0:29:250:29:28

No, thank you. That is the case for the prosecution.

0:29:280:29:31

..when the defendant takes to the witness box,

0:29:310:29:34

who will the jury believe?

0:29:340:29:35

He did in fact tell you about this plan, didn't he?

0:29:350:29:38

Yeah, but I thought they were just empty words.

0:29:380:29:40

He was angry, I didn't think he would go through with it.

0:29:400:29:44

Case for the defence, Miss Azenga.

0:29:440:29:46

If it pleases Your Honour, I would like to bring out the first witness, Jo Sales, please.

0:29:460:29:51

Unlike the prosecution team, who have the burden of proving the case,

0:29:510:29:55

the defence team do not make an opening statement to the jury.

0:29:550:29:58

However, they do have the opportunity to call defence witnesses.

0:29:580:30:02

First to take the stand is the defendant, Jo Sales,

0:30:020:30:06

played by Yasmin Scott.

0:30:060:30:08

The systems we have in the United Kingdom is that everyone is innocent until proven guilty.

0:30:080:30:14

A defendant doesn't have to prove anything at all.

0:30:140:30:19

It's for the prosecution to prove all the facts that they assert.

0:30:190:30:24

It's possible simply to remain silent if you're a defendant,

0:30:240:30:28

and say nothing whatsoever.

0:30:280:30:30

Let's step back

0:30:300:30:32

and into Jo Sales' mind of what happened at the time of the attack,

0:30:320:30:36

because it's her defence she wasn't there.

0:30:360:30:41

If she did go home straight after school,

0:30:410:30:43

then she wouldn't have been anywhere near the attack.

0:30:430:30:46

All we need to do, again, is to play that reasonable doubt

0:30:460:30:50

in the jury's mind so that they believe Jo Sales' evidence.

0:30:500:30:55

-Could you tell us your full name, please?

-Jo Sales.

0:30:550:30:58

-Occupation?

-I'm a student.

-Age.

-17.

0:30:580:31:02

What is your relationship with Alex Jordan?

0:31:020:31:04

We're friends. We're not best friends, but we are friends.

0:31:040:31:08

-What did Alex say to you?

-I think he was really upset

0:31:080:31:12

because he found out that Farley Joseph had been cheating on him.

0:31:120:31:16

-He asked me to help him teach her a lesson.

-What was your response?

0:31:160:31:20

I said no, I was having none of it, I didn't want any involvement.

0:31:200:31:25

And did you discuss any specific part you would play in this attack?

0:31:250:31:29

Not at all, we didn't discuss me filming an attack or anything.

0:31:290:31:32

-Where did you go after school?

-I went straight home.

0:31:320:31:36

I walked along the main road.

0:31:360:31:38

And how would you describe Alex's manner of talking?

0:31:380:31:41

He likes to use a lot of slang words - he uses the word "yo" a lot,

0:31:410:31:45

so I guess that's easy to mix up with my name.

0:31:450:31:49

That "yo"/"Jo" point may be needed for further question.

0:31:490:31:53

That was such an important identification issue.

0:31:530:31:56

-She has left it a bit.

-Agreed.

0:31:560:31:58

-Miss Sales, have you ever been arrested before?

-No, never.

0:31:580:32:03

I was really upset when the police officer came to arrest me.

0:32:030:32:07

It has never happened to me before.

0:32:070:32:10

-What was said in the conversation between you and the police officer?

-I told him I lost my phone.

0:32:100:32:16

Did you tell anyone about your mobile phone going missing?

0:32:160:32:19

Yeah, I told my cousin, Bobbi Forward, that I had lost my phone.

0:32:190:32:24

-Do you have any idea where you may have lost your phone?

-I'm not sure.

0:32:240:32:28

I had it in the last period, but when I got home it wasn't there.

0:32:280:32:32

I usually keep it in the front compartment of my bag,

0:32:320:32:36

so I'm guessing it must have gone missing on the way home.

0:32:360:32:39

Tell us about your dark blue sneakers.

0:32:390:32:42

They're my favourite trainers, so I wore them at school.

0:32:420:32:46

But I didn't want to get them dirty

0:32:460:32:48

so I changed into my old pair of Feets to walk home.

0:32:480:32:52

-And did you see Farley Joseph at all during school hours?

-Yes.

0:32:520:32:55

I think I saw her in the playground when she had her nosebleed.

0:32:550:32:59

I called across to see if she was OK, but I don't she heard me.

0:32:590:33:01

No further questions, Your Honour.

0:33:010:33:03

Please remain on the stand, as my learned friend for the prosecution may have further questions.

0:33:030:33:08

Just in terms of cross-examination,

0:33:080:33:10

you've got to treat the witness aggressively,

0:33:100:33:14

-because your case is that she's lying.

-Yeah.

0:33:140:33:17

It's not a case of mishearing or a witness mis-seeing something.

0:33:170:33:20

This is a witness you're saying is actually telling a lie,

0:33:200:33:23

so you have got to directly challenge her.

0:33:230:33:27

Miss Sales, in evidence you have said you are friends with Alex.

0:33:270:33:30

-That's correct, isn't it?

-Yes, we are friends.

0:33:300:33:33

In fact, you share most of your classes together, don't you?

0:33:330:33:36

-Yes, we are at the same school and in the same year so...

-That suggests you spend a lot of time together,

0:33:360:33:41

-at least during school.

-Well, they're lessons, so we don't get much chance to talk.

0:33:410:33:45

And he did in fact tell you about this plan, didn't he?

0:33:450:33:47

Yeah, but I thought they were just empty words.

0:33:470:33:50

He was angry, I didn't think he would go through with it.

0:33:500:33:52

But do you think the fact that he told you about the plan in the first place

0:33:520:33:56

-shows that you were quite close friends?

-Er...

0:33:560:33:58

I guess it could suggest that.

0:33:580:34:01

He was confiding in you about a criminal offence he was planning to take out, wasn't he?

0:34:010:34:05

I just saw it as his anger and frustration

0:34:050:34:09

that Farley Joseph had cheated on him.

0:34:090:34:12

In fact, if somebody is upset, do you not think that makes them more unpredictable?

0:34:120:34:17

I suppose so, yes.

0:34:170:34:18

So, why did you not feel the need to tell anyone, to protect your friend?

0:34:180:34:21

Because I did genuinely didn't think he would actually attack her.

0:34:210:34:26

She's doing incredibly well. She doesn't know what she's expecting here.

0:34:260:34:30

This is a real-life fire exercise and she is doing so well dealing with these questions.

0:34:300:34:36

In fact, I put it to you, Jo, that the reason you didn't tell anyone

0:34:360:34:39

-was because you WERE a part of this plan.

-That's incorrect.

0:34:390:34:42

In fact, this is why you weren't walking along the main road.

0:34:420:34:45

-You were walking through Hillside Park.

-I did not walk through Hillside Park that day.

0:34:450:34:49

Can you account for why Farley heard Alex called to "Jo"?

0:34:490:34:51

Er, like I said, Alex likes to use slang, like "yo",

0:34:510:34:56

and my name is really close to that, so it is possible that she misheard.

0:34:560:35:01

So despite not being good friends,

0:35:010:35:03

you're able to tell what he talks like a lot of the time?

0:35:030:35:06

Yeah, I'm at school with him. I'm in lessons when he speaks.

0:35:060:35:09

Now, Jo, do you believe that teenagers today are quite

0:35:090:35:11

close to their mobile phones?

0:35:110:35:13

Yeah, you could say that.

0:35:130:35:15

Do you think that you were quite close to your mobile phone?

0:35:150:35:18

Um, I can't really say, to be honest.

0:35:180:35:21

You keep your phone in a zipped compartment, don't you?

0:35:210:35:23

-Yes, in my bag.

-Why do you think you keep it in a zipped compartment?

0:35:230:35:27

So it doesn't get lost or stolen.

0:35:270:35:30

And, yet, quite remarkably, your phone did get lost on this particular day, didn't it?

0:35:300:35:33

Yes, it did.

0:35:330:35:35

In fact, Jo, I put it to you that you deliberately dumped your mobile phone?

0:35:350:35:38

I did not. That's incorrect.

0:35:380:35:41

Just to confirm to the jury, you do own a pair of dark blue sneakers, don't you?

0:35:410:35:44

Yes, I do. They're my favourite trainers.

0:35:440:35:47

-And, these are the same trainers that Farley Joseph saw, weren't they?

-Yes.

0:35:470:35:51

And they're also the same trainers

0:35:510:35:52

that a lot of students wear at the school, so...

0:35:520:35:55

In fact, it's true, isn't it, that Farley Joseph's blood

0:35:550:35:57

was found on your sneakers?

0:35:570:35:59

Yes. I'm presuming that's from the nosebleed earlier that day.

0:35:590:36:04

You said to the defence, "I shouted to Farley to check if everything was all right".

0:36:040:36:07

-That's correct, isn't it?

-Yes.

0:36:070:36:09

When you say you shouted, that would suggest that you're not close to her?

0:36:090:36:12

Not at that moment. No, I wasn't.

0:36:120:36:15

In fact, it's quite unlikely that you were able to step

0:36:150:36:18

-in the fresh blood if you weren't close to her?

-Not at that point,

0:36:180:36:21

but blood doesn't really dry that quickly, does it?

0:36:210:36:24

-The jury are not convinced?

-No.

-In fact, Jo,

0:36:240:36:26

you weren't there at all, were you?

0:36:260:36:28

-You weren't anywhere near to Farley Joseph?

-Yes, I was.

0:36:280:36:30

I saw her have a nosebleed.

0:36:300:36:33

And, therefore, there was no way that you could have got her fresh blood on to your shoes?

0:36:330:36:36

When I was walking back into school, that's how I presume

0:36:360:36:39

it did get on to my shoes.

0:36:390:36:41

So, just to clarify, Jo, you do own a pair of dark blue sneakers?

0:36:410:36:44

-Yes, I do.

-Of which Farley Joseph's blood was found on?

-Yes.

0:36:440:36:49

-You do no longer have your phone?

-That's correct.

-Thank you.

0:36:490:36:53

-I've got no further questions.

-Well done. Here we've got a good witness.

0:36:530:36:57

-In the real world we'd have problems.

-Yes.

0:36:570:36:59

The jury has heard Jo Sales give her evidence.

0:37:010:37:04

Alex likes to use slang like, "yo" and my name is really close to that.

0:37:040:37:09

But how will the next defence witness hold up

0:37:090:37:11

when faced with some tough questions from the prosecution?

0:37:110:37:15

-Why was she so upset?

-You can replace a phone, but not the memories you have on it.

0:37:150:37:18

Memories and videos of an attack, maybe?

0:37:180:37:20

Would the defence like to call any further witnesses?

0:37:220:37:25

Yes, can we call Bobbi Forward.

0:37:250:37:26

The second and final defence witness in this case is Jo Sales' cousin,

0:37:270:37:32

Bobbi Forward, played by Catherine Kalloco.

0:37:320:37:34

Could you state your name for the court, please?

0:37:340:37:38

-My name is Bobbi Forward.

-And your age?

-17 years old.

0:37:380:37:40

-And your occupation?

-Student.

0:37:400:37:42

-What is your relationship to the defendant, Jo Sales?

-I'm Jo's Cousin.

0:37:420:37:46

-And where were you on 1st March?

-I was at home.

-Where is home?

0:37:460:37:50

I'd been living with Jo, in her house, for the past three years.

0:37:510:37:54

-What were you doing at home?

-I was playing my Gamebox.

0:37:540:37:58

-And, can you remember what time Jo came in from school at?

-Not really.

0:37:580:38:02

Did you notice anything about her?

0:38:020:38:05

Um, like 15 minutes later, I heard she was upset in the kitchen.

0:38:050:38:08

So I asked her what was wrong. She told me that she'd lost her phone.

0:38:080:38:12

-How did she seem to you?

-She was really upset.

0:38:120:38:14

No further questions, your Honour. If you'd like to stay there,

0:38:140:38:17

my learned friends may have some more questions for you.

0:38:170:38:19

When you are cross-examining Bobbi,

0:38:190:38:21

the way you treat her is based on why you think her evidence needs to be challenged.

0:38:210:38:25

You're not saying that she's making a mistake, you're saying she's lying

0:38:250:38:29

That's the main point you need to make.

0:38:290:38:30

That's the main point that I'll to challenge her on.

0:38:300:38:33

That she's her cousin and, you know,

0:38:330:38:35

they've clearly concocted a story to cover for her.

0:38:350:38:38

Don't be scared of getting a no.

0:38:380:38:40

Because that's why you have a live witness.

0:38:400:38:42

When you're dealing with credibility you ask them the question,

0:38:420:38:46

they say no, and it's whether the jury believe that no.

0:38:460:38:49

Can you confirm Jo Sales' state of mind as she came home?

0:38:490:38:53

Um, she was all right when she came home,

0:38:530:38:54

-but a little while after she was upset.

-Did you know why she was so upset?

0:38:540:38:58

-She'd lost her phone.

-That's what she told you?

-Yep.

0:38:580:39:01

-Is it possible to replace a mobile phone?

-Yes, it is.

0:39:010:39:05

-Then why was she so upset?

-Because all the things you'd have on your phone,

0:39:050:39:08

you can't replace that, but you can replace the phone, but not all the memories you have on it.

0:39:080:39:12

Memories and videos of an attack maybe?

0:39:120:39:14

-Um, no.

-How do you know?

0:39:140:39:17

Because I know Jo pretty well, since I've been living with her.

0:39:170:39:21

I don't think she's like that whatsoever.

0:39:210:39:23

What would you say is worse? Being in trouble with the police or losing a mobile phone?

0:39:230:39:27

-Being in trouble with the police.

-So, that's the real reason because she'd done a bad thing?

0:39:270:39:31

She would have been upset earlier if she knew she was going to be in trouble,

0:39:310:39:34

but she was all right when she came home, then later on she got upset realising that she'd lost her phone.

0:39:340:39:39

So, are you saying that she knew she was going to be in trouble with the police?

0:39:390:39:42

No, if she knew she was going to be in trouble, she'd have been upset when she got home, but she wasn't.

0:39:420:39:47

-She's arguing, effectively, with the witness.

-Yeah.

0:39:470:39:49

Is there anyway that Jo Sales can be lying to you?

0:39:490:39:52

I don't think my cousin would ever lie to me, to be honest.

0:39:520:39:55

-In your statement you said that Jo was wearing an old pair of Feets, is that correct?

-Yes.

0:39:550:40:00

-What was the significance of including the brand?

-Jo just normally wears them,

0:40:000:40:03

because they're old pairs, so I just kind of remember it.

0:40:030:40:06

You remember details clearly that day?

0:40:060:40:08

Nothing traumatic happened for me to remember it, but I do remember some details.

0:40:080:40:11

The incident happened on 1st March

0:40:110:40:13

-and your statement to the police was made two days later, on 3rd March.

-Mm-hm.

-So two days' difference?

-Yes.

0:40:130:40:18

-So what's your relationship with Jo like?

-Um, I think we're quite close.

0:40:180:40:21

-So you wouldn't like to see her in trouble?

-No, I wouldn't.

0:40:210:40:24

Life at home would be pretty hard if you were giving evidence against her, let's say.

0:40:240:40:27

It wouldn't be that hard because I wouldn't be giving evidence against her

0:40:270:40:31

cos I know I would not lie on behalf of my cousin, so everything we're saying here today is truthful.

0:40:310:40:35

For the prosecution now to get home with this witness,

0:40:350:40:38

they're going to have to say she's a liar.

0:40:380:40:40

-So you wouldn't like to see her in trouble?

-No, I wouldn't.

0:40:400:40:43

In fact, that's why you're here, today. To lie, to protect her.

0:40:430:40:46

There we go. She had to do that.

0:40:460:40:48

Not to lie to protect her - to protect her by telling the truth.

0:40:480:40:50

-In your statement, you said you were playing on your Gamebox, that's correct?

-Mm-hm.

0:40:500:40:54

-So you were concentrating on the game.

-Partially -

0:40:540:40:56

that's how I still remember what shoes she had on when she came in.

0:40:560:40:59

How can you be so sure of details - you say you remember things

0:40:590:41:02

quite clearly - if you were playing on your Gamebox?

0:41:020:41:04

As I said before, I wasn't fully concentrating on it.

0:41:040:41:07

She's so confident now, as a witness, she doesn't feel

0:41:070:41:10

she's being hurt by any questions or answers.

0:41:100:41:13

-You said that you wouldn't like to see her in trouble.

-Yes.

-That's why you're here?

0:41:130:41:17

That's why I'm here today, to help her by telling the truth

0:41:170:41:21

to the jury, to help prove that she is innocent.

0:41:210:41:24

-Thank you, I have no further questions.

-Thank you very much.

0:41:240:41:27

If you'd like to step down now.

0:41:270:41:29

After the prosecution and defence teams have questioned their witnesses,

0:41:290:41:32

they then sum up all the evidence they have raised during the trial in their closing statements.

0:41:320:41:37

The real point of the closing speech is what conclusions

0:41:370:41:41

do you want them to draw from the evidence that you've heard?

0:41:410:41:45

So you may have highlighted the strengths and weaknesses in the opening,

0:41:450:41:49

they've then heard the evidence - what conclusions do they draw

0:41:490:41:52

from those strengths and from those weaknesses as a result?

0:41:520:41:56

This is the point where the passion can come in a bit.

0:41:560:41:59

I think you need energy and you need conviction in your case.

0:41:590:42:03

You're her advocate relating it back to the opening speeches

0:42:030:42:06

at the beginning of this trial.

0:42:060:42:08

I told you that we would show you this. And that this would be said.

0:42:080:42:12

You've seen that and it's a matter for you

0:42:120:42:15

whether you believe the prosecution's case or the defence's explanation for that.

0:42:150:42:19

Your Honour, members of the jury.

0:42:190:42:22

The defendant Jo Sales is charged with assault, occasioning actual bodily harm upon Farley Joseph,

0:42:220:42:26

in that she filmed this attack on her mobile phone in Hillside Park

0:42:260:42:30

and was in fact present at the attack on Farley Joseph.

0:42:300:42:33

There are three main things that prove the guilt of the defendant, Jo Sales.

0:42:330:42:37

The first thing is that Farley Joseph said Alex was shouting the name Jo.

0:42:370:42:42

Shouting, suggesting that she did hear quite clearly.

0:42:420:42:45

Also, Jo Sales' shoes were identified at the scene.

0:42:450:42:48

This is the second point to consider.

0:42:480:42:50

Remember how in evidence,

0:42:500:42:51

Farley recalls dark blue sneakers being worn.

0:42:510:42:54

Remember, these shoes were identified at the scene.

0:42:540:42:57

The victim's blood has been found on these shoes

0:42:570:43:00

through forensic testing by Jo Noel.

0:43:000:43:02

They've also been found at the defendant Jo Sales' house.

0:43:020:43:06

Even Jo Sales herself has admitted to wearing the shoes this day.

0:43:060:43:10

Ask yourselves, members of the jury,

0:43:100:43:12

why would she change her shoes just to walk home in?

0:43:120:43:15

Shoes she was so comfortable to wear the whole day at school?

0:43:150:43:18

Now, members of the jury, the defence would have you believe

0:43:180:43:20

a series of improbable events that happened on that day.

0:43:200:43:23

They would have you believe that Jo Sales lost her mobile phone.

0:43:230:43:26

That Jo Sales happened to step in blood at the nosebleed.

0:43:260:43:29

And that Farley misheard.

0:43:290:43:31

Despite the fact that Alex Jordan had told her plans for the attack,

0:43:310:43:35

they say she wasn't involved.

0:43:350:43:38

Members of the jury, she was already involved when he told her her plans.

0:43:380:43:42

However, all of this evidence relies heavily on the statement

0:43:420:43:45

of Bobbi Forward.

0:43:450:43:48

Remember, they're cousins, they've lived together for three years.

0:43:480:43:52

Some would say they're practically sisters.

0:43:520:43:55

Remember, the incident happened on 1st March and Bobbi's statement to

0:43:550:43:58

the police was made to the police on 3rd March - two days later.

0:43:580:44:02

Members of the jury, I ask you to question how reliable can she be?

0:44:020:44:06

The Crown, however, says that Jo Sales dumped her mobile phone

0:44:060:44:10

on the way home from filming the attack on Farley Joseph in Hillside Park.

0:44:100:44:14

The expert forensic said this blood found on the shoe was one in one billion chance that it was not

0:44:140:44:20

from Farley Joseph or related persons.

0:44:200:44:22

If the Crown could take you again back to Jo Sales' cross-examination,

0:44:220:44:26

Jo Sales said she was shocked that Alex was involved

0:44:260:44:29

and attacked Farley Joseph.

0:44:290:44:31

The Crown disputes this.

0:44:310:44:33

She was already aware that he was capable when he told her his plans.

0:44:330:44:36

Lastly, we have the nosebleed of Farley Joseph.

0:44:360:44:39

Remember how in evidence,

0:44:390:44:42

Farley said she was careful to catch the drops of blood?

0:44:420:44:45

Remember Jo shouted to Farley,

0:44:450:44:47

suggesting that there was a fair distance between them.

0:44:470:44:49

Ask yourselves, how likely is it that Jo stepped in blood at that time,

0:44:490:44:54

if there were such a distance between them?

0:44:540:44:56

If there was no way that blood got on the ground -

0:44:560:44:59

which is what Farley says - there is only one possible explanation

0:44:590:45:02

and this in fact is the only reason.

0:45:020:45:05

Jo Sales was at the attack

0:45:050:45:07

and indeed filmed this attack on her mobile phone.

0:45:070:45:09

If you also believe this,

0:45:090:45:12

the Crown would urge you to find the defendant Jo Sales guilty.

0:45:120:45:15

-Thank you. That's the case for the prosecution.

-Thank you very much.

0:45:150:45:18

She did very well. That last segment about the blood in the playground

0:45:180:45:22

was very persuasive to me. I thought she presented that well.

0:45:220:45:25

Miss Marshall?

0:45:250:45:27

Members of the jury, the prosecution have tried to prove that

0:45:270:45:30

the defendant was at the scene of the crime.

0:45:300:45:33

Evidence of this is that Farley Joseph heard the name "Jo".

0:45:330:45:36

However, Farley Joseph admits that she had an MP3 player in her ears

0:45:360:45:40

at the time. With music going on

0:45:400:45:42

in the background, how can she be sure what she actually heard?

0:45:420:45:46

Also, Alex Jordan, Farley's ex-boyfriend,

0:45:460:45:49

has been known to use slang terms - "Yo".

0:45:490:45:52

How was Farley Joseph sure that she heard "Jo" instead of "yo"?

0:45:520:45:56

Farley Joseph also states that she saw the sneakers of the fourth person

0:45:560:45:59

who she assumed to be filming the attack.

0:45:590:46:03

However, even though Farley Joseph states

0:46:030:46:06

that these sneakers are not common amongst Hillside students,

0:46:060:46:10

PC Russell disagrees with this.

0:46:100:46:12

He says that they are common and they are popular.

0:46:120:46:16

So how can we be sure this was Jo Sales?

0:46:160:46:18

It could have been any other student amongst the school.

0:46:180:46:21

The blood found on Jo Sales' sneakers was Farley Joseph's.

0:46:220:46:26

This is not to be disputed.

0:46:260:46:27

However, when and where the blood and sneakers come into contact

0:46:270:46:31

is the question.

0:46:310:46:33

Farley Joseph had a nosebleed in the playground earlier.

0:46:330:46:36

Jo Sales was in the playground earlier.

0:46:360:46:39

Jo Sales called over to Farley Joseph, to ask if she was OK.

0:46:390:46:42

However, as she was having a nosebleed,

0:46:420:46:45

she ran across the playground without hearing her.

0:46:450:46:48

The forensic evidence proves that we cannot tell whether the blood was

0:46:480:46:51

found on the shoes at the playground or at the scene of the crime.

0:46:510:46:56

Finally, Jo Sales was assumed to have also filmed the attack

0:46:560:47:00

on her mobile phone.

0:47:000:47:02

However, to this day, the phone still has not been found,

0:47:020:47:05

and so how can you be sure that ANY filming,

0:47:050:47:08

let alone that Jo did it, took place?

0:47:080:47:10

She's used the fact that there's no mobile phone as a strength

0:47:100:47:14

for the defence and a weakness for the prosecution.

0:47:140:47:17

Members of the jury,

0:47:170:47:19

Jo Sales has never been involved with the police before.

0:47:190:47:22

She walked home on the main road,

0:47:220:47:25

she did not walk through Hillside Park.

0:47:250:47:26

She was wearing her Feets and her cousin, Bobbi Forward,

0:47:260:47:29

confirms this. PC Russell found the sneakers in Jo Sales' home.

0:47:290:47:35

If Jo did take part in this attack, surely she'd have done

0:47:350:47:38

a better job at hiding the shoes that had the blood on them.

0:47:380:47:42

Jo Sales is innocent in this case.

0:47:420:47:43

This case is based on ifs, buts and why. Not pure facts.

0:47:430:47:47

I ask you to find the defendant not guilty.

0:47:470:47:50

The barristers have summed up their case.

0:47:500:47:54

The Crown would urge you to find the defendant Jo Sales guilty.

0:47:540:47:57

She walked home on the main road.

0:47:570:47:58

She did not walk through Hillside Park.

0:47:580:48:00

But will the jury find Jo Sales guilty or not guilty?

0:48:000:48:04

She seems as though she's all right, that she didn't want to be part of it.

0:48:040:48:09

Well now, members of the jury,

0:48:090:48:11

the directions I give you as to the law, you must accept and apply.

0:48:110:48:17

However, whenever I refer to the evidence,

0:48:170:48:20

the position is quite different.

0:48:200:48:23

All questions of evidence and fact are for you and you alone to decide.

0:48:230:48:30

That includes the evidence which has been agreed

0:48:300:48:33

between the prosecution and the defence and placed before you.

0:48:330:48:38

This case basically boils down to who do you believe?

0:48:380:48:45

Do you believe the victim when she says that she was assaulted

0:48:450:48:50

and that at the time, she heard the perpetrator of that assault say "Jo"?

0:48:500:48:57

Or did, as the defence claim, did he say "yo"?

0:48:570:49:01

Do you believe, as the victim says, that the person

0:49:010:49:06

who stepped into the blood at the scene was this defendant?

0:49:060:49:12

Do you believe the blue sneakers that were identified were the same

0:49:120:49:17

sneakers, or do you believe, as the defence say, that this could have

0:49:170:49:23

been blood found at the playground into which the defendant stepped?

0:49:230:49:29

It's important for you to remember, members of the jury,

0:49:290:49:32

that the prosecution must prove the defendant's guilt.

0:49:320:49:36

It is not for her to prove that she is innocent.

0:49:360:49:41

The prosecution must prove that the defendant is guilty

0:49:410:49:44

beyond reasonable doubt.

0:49:440:49:47

There are very few things in this world that we know

0:49:470:49:51

with absolute certainty.

0:49:510:49:53

Both the defence and the prosecution agree that

0:49:530:49:57

if you find that Jo Sales was at the scene

0:49:570:50:03

when the assault came about, then joint enterprise is made out.

0:50:030:50:11

I will now ask you to retire to consider your verdict.

0:50:110:50:17

Thank you very much.

0:50:170:50:19

I shall keep this jury in a private and convenient place.

0:50:190:50:21

I shall suffer no-one to speak to them,

0:50:210:50:24

nor shall I speak to them myself, except with leave of the Court,

0:50:240:50:27

save to ask them whether they have agreed upon their verdict.

0:50:270:50:29

Could the jury please rise and follow me.

0:50:290:50:32

In order for someone to be found guilty,

0:50:340:50:38

the judge will ask the jury to come to a unanimous verdict.

0:50:380:50:42

That means a verdict upon which they are all agreed.

0:50:420:50:47

I think the trial process is to test the truth.

0:50:470:50:50

I think people go there, they take the oath, their evidence is to be tested

0:50:500:50:55

and a jury - the best place to do so -

0:50:550:50:57

finds out by deliberating between themselves what they believe.

0:50:570:51:01

And you get a very democratic process of the 12 then voting.

0:51:010:51:06

Well, this is behind the curtain of secrecy for us.

0:51:060:51:10

-This is uncharted territory. We never get to see this.

-OK, guys.

0:51:100:51:14

Shall we have a quick show of hands as to who wants to elect themselves to be foreman?

0:51:140:51:18

-I'll put myself forward.

-OK.

-Anyone else?

0:51:190:51:24

All right.

0:51:240:51:26

Well, the problem I have is the place of where the blood is found,

0:51:260:51:31

which is on the sole of the shoe.

0:51:310:51:34

Does that actually mean she was at the scene of the incident?

0:51:340:51:37

When you look at the blood spot, it's a circle - that's like

0:51:370:51:40

when blood drops from a nose, it makes like a splodge, like that.

0:51:400:51:44

That's how it looks on the shoe.

0:51:440:51:46

But then the forensic scientist did say she could have stepped on it.

0:51:460:51:49

I mean, call it luck, or the lack of it, really.

0:51:490:51:52

I don't think she'd walk past the nosebleed, that doesn't make any sense.

0:51:520:51:55

To say that the trainers aren't popular, though, that's what I don't get.

0:51:550:51:58

Why would she say that they're not common in the school, when they are?

0:51:580:52:02

Well, let's move on to, I think the victim.

0:52:020:52:05

She had an MP3 player playing in her ears, OK? Any comments about that?

0:52:050:52:09

No, other than "Jo" and "yo" are very similar.

0:52:090:52:13

Someone heard them say, "Jo, do it."

0:52:130:52:15

It does kind of lean towards...

0:52:150:52:17

That's what I'm saying.

0:52:170:52:20

That's what I expect a jury room to be - I think this is realistic.

0:52:200:52:24

-Some quiet ones, some strong ones.

-Also, just another point.

0:52:240:52:28

You know how we're saying it's very coincidental? Don't forget

0:52:280:52:30

Jo hasn't had a criminal record or any...

0:52:300:52:33

She's never been involved in any type of crime.

0:52:330:52:37

She seems as though she's all right, she didn't want to be part of it.

0:52:370:52:41

Also, we should take into account the cousins gave in their statement

0:52:410:52:44

two days afterwards.

0:52:440:52:46

It could be that the cousin tweaked the story

0:52:460:52:48

so that it matched and reinforced what her...

0:52:480:52:51

Definitely. I agree.

0:52:510:52:52

She's been living in their house for three years, like sisters,

0:52:520:52:55

-you wouldn't let them go to prison.

-Yeah.

0:52:550:52:58

Or suffer consequences just like that.

0:52:580:53:00

-You'd obviously back up someone in your family.

-Is that it?

0:53:000:53:02

-Any more points?

-No.

0:53:020:53:05

Shall we take another count of who thinks that Jo Sales

0:53:050:53:08

is indeed guilty?

0:53:080:53:10

OK. That's 3 out of 12. And 9 against.

0:53:120:53:16

If, after a period of time, the judge comes to the conclusion

0:53:180:53:22

that it is possible to take a majority verdict, then the judge

0:53:220:53:26

could accept a verdict about which 10 of the 12 jurors are agreed.

0:53:260:53:33

What stands against a jury here today is that there was no witness

0:53:330:53:37

for the victim.

0:53:370:53:40

She was attacked, obviously, because we know that.

0:53:400:53:46

She had an MP3 player playing in her ears, OK?

0:53:460:53:50

The only thing we have to go on is the fact there's blood on her shoe

0:53:500:53:52

and no-one knows when the blood got on the shoe - it could have been either time.

0:53:520:53:56

-It is very weak evidence.

-I don't think there's enough to say...

0:53:560:53:59

-I don't think there's enough to put her away.

-Yeah.

0:53:590:54:02

And that should be the point to take a vote. Is there enough?

0:54:020:54:06

So, can I have a show of hands of who thinks that Jo Sales

0:54:060:54:08

is not guilty?

0:54:080:54:11

OK, so that means that we have a vote of 11 out of 12.

0:54:130:54:16

If the jury comes back and finds the defendant guilty,

0:54:160:54:22

then it will be a matter for the judge to sentence that defendant.

0:54:220:54:26

In order to decide upon the appropriate sentence,

0:54:260:54:29

a judge will have to do a number of things.

0:54:290:54:31

The first thing the judge will have to do is take into account

0:54:310:54:34

the facts of the case and what happened

0:54:340:54:37

and the severity of the allegations made against the defendant.

0:54:370:54:43

So, for example, in this case, a judge will have to consider

0:54:430:54:46

the amount of damage that was caused to the victim.

0:54:460:54:51

The judge will also take into account

0:54:510:54:53

the history of the defendant.

0:54:530:54:54

The defendant may have lied on their oath

0:54:540:54:59

and it's likely that the defendant will be treated more harshly

0:54:590:55:05

than if the defendant simply owned up to it and pleaded guilty.

0:55:050:55:09

So finding someone guilty of an offence of actual bodily harm

0:55:100:55:14

is a very serious thing to do.

0:55:140:55:16

Would the defendant please stand.

0:55:200:55:21

Could the foreman please stand.

0:55:230:55:25

Have you reached a verdict upon which you have all agreed?

0:55:250:55:29

No, we have a majority.

0:55:290:55:31

What is your verdict?

0:55:350:55:36

-Not guilty.

-You may be seated.

0:55:360:55:39

You have been discharged by this jury. You may now leave the dock.

0:55:420:55:48

Members of the jury, may I thank you for your service.

0:55:520:55:55

You have discharged your civic duty.

0:55:550:55:58

Without jurors being prepared to try matters like this,

0:55:580:56:01

our judicial system would not be that which it is.

0:56:010:56:06

I thank you very much. You may now leave the court.

0:56:060:56:10

With the verdict announced, the journalist uses the notes taken

0:56:120:56:15

during the trial to film her report ready for the evening news deadline.

0:56:150:56:20

Today at the Old Bailey,

0:56:200:56:22

a 17-year-old was relieved to be acquitted of the charge

0:56:220:56:25

of actual bodily harm for her alleged part in a malicious

0:56:250:56:28

after-school attack that took place in Hillside Park on 1st March 2011.

0:56:280:56:33

The defendant, who cannot be named for legal reasons,

0:56:330:56:36

did not physically assault the victim,

0:56:360:56:39

however was accused of filming the attack on her mobile phone

0:56:390:56:42

and was therefore being tried under the principle of joint enterprise.

0:56:420:56:45

The prosecution's case was based on circumstantial evidence

0:56:450:56:49

and a series of coincidences.

0:56:490:56:51

After lengthy deliberation, the jury returned

0:56:510:56:54

and there was silence in the court.

0:56:540:56:56

The foreman stood and revealed the not-guilty verdict

0:56:560:56:59

and the defendant seemed to breathe a sigh of relief.

0:56:590:57:03

In summing up, Baroness Scotland said that there were very few things

0:57:030:57:06

in this world that we know in absolute certainty,

0:57:060:57:08

but it was for the jury to decide.

0:57:080:57:10

This is Charlotte Isling, BBC London News, at the Old Bailey.

0:57:100:57:14

Well, let me first say congratulations to both teams today.

0:57:150:57:19

We've been thrilled at how all of you have performed

0:57:190:57:23

and on balance, when you look at what we saw in the jury room,

0:57:230:57:26

you'll see how the jury got to that decision.

0:57:260:57:28

There was really a debate in there

0:57:280:57:31

and that's down to the fact that you both did your jobs very well.

0:57:310:57:34

Don't think of it as lost - think of it as the whole experience

0:57:340:57:38

and the fact that this is the criminal justice system working.

0:57:380:57:41

What I really enjoyed is the fact that you didn't get sidetracked.

0:57:410:57:46

That really comes from years of experience,

0:57:460:57:48

but you already were doing it now.

0:57:480:57:51

So what did the students think of each other's performance in court?

0:57:520:57:57

The way they put forward their case was more friendly, I think,

0:57:570:58:00

than sometimes I could be.

0:58:000:58:01

And I think their tone, and the way they handled their witnesses,

0:58:010:58:04

their witness and them had a really good relationship.

0:58:040:58:08

Let's look at how it felt being the defendant.

0:58:080:58:10

um, I started to think that I was a bit more guilty!

0:58:100:58:14

I felt that they picked out all the right points to focus on.

0:58:160:58:20

I hope that the events have given some of you some enthusiasm and

0:58:200:58:24

aspiration to come and do our job, as barristers, because we need you.

0:58:240:58:28

You're the future not just of the bar of England and Wales

0:58:280:58:31

but of the judiciary - that's a hugely important thing.

0:58:310:58:34

Something to look for in the future,

0:58:350:58:37

it's a nice little taster of what it's going to be like.

0:58:370:58:41

Before, I thought law was very boring.

0:58:410:58:44

Not really interested. I got into it and I absolutely love it.

0:58:440:58:47

When you're young and you say, "I want to be a lawyer when I'm older,"

0:58:470:58:50

it sounds really like you're not going to do it and you realise, actually, I can do it.

0:58:500:58:54

It's been overall, a good experience.

0:58:540:58:56

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