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