How to be a defence lawyer. Tips from barrister William Clegg QCTo my surprise, many defence barristers, started with the defence. Looking at every from the clients perspective and trying to establish. " what are we saying?" 'What is our client saying'?
My approach was to forget about that and first to see what the other side was saying. And whether they could actually establish what they were alleging. I would pretend for a moment that I was the prosecutor, and work out what they would be doing to try to prove the case and how? Then look at it the other way round, and try and spot the pitfalls in their approach.
I learnt to speed read, scanning a file of papers to identify those passages I needed to revisit. When I reached important witness's. I read their evidence again and again, thinking about it all the time. Often thinking was as important as the reading.
I nearly always visited the scene of a murder, to understand the evidence and to speak more authoritatively in court. There was also the possibility that I would uncover some aspect of the evidence that could be challenged.
Wow..... I love a little video, reveals so much, tells us exactly what we need to know....
Well where do i start!
Clegg.... My God... Scary.... In his own words, he tells us how incompetent he was at defending Dr Vincent Tabak, not only that defending anyone.....
To my surprise... Not just your surprise Bill... but too my surprise, you are happily telling us what you do or don't do for your client...
I would pretend for a moment that I was the prosecutor, and work out what they would be doing to try to prove the case and how? Then look at it the other way round, and try and spot the pitfalls in their approach.Really..... you are actually telling me that you looked at Dr Vincent Tabak and looked for the pitfalls in this case!! Come on Bill... tell me where did you look?? How long did you look for ?? What pitfalls of the Prosecutions approach did you see??
* Missing CCTV from Canygne Road that DS Mark Saunders had viewed for instance??
* Establishing your clients movements at the relevant times??
* Seeing if your client was even in the country at the relevant time??
* Asking why the victims family walked on Longwood Lane before it was even established as a second scene of
crime?
I learnt to speed read, scanning a file of papers to identify those passages I needed to revisit. I nearly spat my coffee out when you said that..... 'Speed read'.... are you serious!! The amount of information that you would miss is beyond belief... I have read over and over again reports on this case and yes... I have scanned the reports... then when I revisited them have found valuable information there....
I cannot believe that you admit to speed reading important documents when your clients freedom is on the line.... I cannot believe that YOU even think that it is OK to do this.... how many years have you been a barrister for ??
* Did you speed read the toxicology results and decide that:
* Joanna Yeates must have not eaten the Pizza because her stomach contents were empty??
* Did you speed read that the blind was broken??
* Did you speed read that Joanna Yeates body had started to thaw
* Did you speed read that Avon and Somerset Fire Service were used on the scene for 4 days?
* Did you speed read that Kingdon heard someone shout "Help me" mid morning on the 18th December 2010??
* Did you speed read that Joanna Yeates arrived home between 8:30pm and 9:00pm on Friday 17th December
2010??
* Did you speed read that Dr Vincent Tabak had in fact seen that CJ's car had moved from the road to the drive and
he wasn't incriminating his landlord?
* Did you speed read that Greg drank from a stale bottle of Cider?? that was purchased on the same evening as the
Pizza?
Scanning files... wow... and if something in those files obviously doesn't spark your interest you appear to ignore that....
When I reached important witness's. I read their evidence again and again, thinking about it all the time. Often thinking was as important as the reading.How did you determine which witness's were important??
Here we go...... Important witness's....
* Sobbing girl ( did you miss her??)
* CJ... ( saw people at the gate)
* Peter Stanley ( helped start Greg's car)
* Tanja Morson ( Dr Vincent Tabak's girlfriend)
* Kingdon ( heard screams)
* Mrs Yeates ( banged on car doors, thought daughter had been abducted)
* Mr Yeates... ( who saw piles of washing in the flat)
* Greg Reardon ( who spent 4 hours, searching a tiny flat, before ringing Joanna Yeates parents)
* Rebecca Scott ( who was on the phone at the same time Joanna Yeates , should be in a shop... no CCTV of her on
a phone in a shop)
* DS Mark Saunders and him viewing CCTV from Canygne Road on the relevant time of the weekend of 17th
December 2010/ 19th December 2010
* DCI Phil Jones and why he took over the chain of command on the 27th December 2010?
* Dc Karen Thomas, and why she interviewed your client for 6 hours, which is the allotted time for a suspect to be
interviewed, in Holland, before either being charged or released... ( he wasn't a suspect at that point ,
apparently!!)
* Geoffrey Hardyman and what he witnessed... Oh yes, nothing he was in bed.... But you used him as a defence
witness talking about Joanna Yeates cat... which was relevant to Dr Vincent Tabak how??
Lets cut to the chase and i will list witness's......
(1): * Darragh Bewell (Friend of Joanna Yeates)
(2): * Andrew Mott (Forensic Officer )
(3): * Lyndsey Lennen (Forensic Specialist)
(4): * DC Mark Luther (Officer In charge of Case )
(5): * Tanja Nickson (Wall Analyist)
(6): * Lindsey Farmery ( IT Power Point Expert)
(7): * Dr Delaney (Pathologist)
(8): * Dr Carey (Pathologist)
(9): * Greg Reardon (Joanna Yeates boyfriend)
(10) * DC Karen Thomas ( Holland Interview)
(11) * Father Henwood (Dog walker who met Joanna Yeates )
(12) * Brotheron (Asummed role of Chaplain)
(13) * DC Geofrey Colvin (Arrested Dr Vincent Tabak)
(14) * Rebecca Scott (Joanna Yeates friend )
(15) * Harry Walker ( neighbour who heard screams )
(16) * Florian Lehman (Neighbour who heard Screams )
(17) * Zoe Lehman (neighbour who heard screams )
(18) * Dr Jennifer Miller ( Examined Joanna Yeates stomach contents )
(19) * DC Richard Barnston ( 200 page transcript?? Interviewed Dr Vincent Tabak)
(20) * DC Paul Derrick ( asked about Dr Vincent Tabak's first lawyer ).
(21) * Karl Harrison (Forensic Archeologist)
(22) * Maria Brown (Held the Party on Canygne Road)
(23) * Peter Brown (Held Party on Canygne Road)
(24) * Nurse Ruth Booth Pearson (examined Dr Vincent Tabak when he was arrested )
(25) * Daniel Birch ( Dog walker who found Joanna Yeates)
(26) * Samuel Huscroft (Friend Joanna Yeates ) (text received from Joanna Yeates )
(27) * Mathew Wood (Chris Yeates Friend... Joanna Yeates (text Received from Joanna Yeates )
(28) * Sarah Maddox (At Dinner Party Dr Vincent Tabak attended )
(29) * PC Steve Archer ( Was there when Dr Vincent Tabak was arrested )
(30: * Mathew Phillips (Heard a shreik... was at party on Canygne Road )
(31) * Louise Althrope (Attended Party with Dr Vincent Tabak)
(32) * Geofrey Hardyman (Tenant of 44 Canygne Road )
(33) * Elizabeth Chandler ( Office Manager at BDP)
(34) * Shrikart Sharma ( Dr Vincent Tabak's Boss )
(35) * Glen O'Hare ( Hosted Part Dr Vincent Tabak attended ).
(36) * Anneleise Jackson, (PC... Greg's Phone Call statement )
(37) * Peter Lindsell ( Friends of Joanna Yeates .. at Bristol Mead Station ( Text received from Joanna Yeates )
(38) * Andrew Lillie (Attended a Dinner Party with Dr Vincent Tabak )
(39) * Linda Marland (Attended Party Dr Vincent Tabak attended ) (party was in a bar in Bristol)
(40): Micheal Breen... Not sure where to put him
(41): PC Martin Faithful
Did you question why Civilian Andrew Mott was in charge of a Crime scene trying to stop a body from thawing?? Did you question why PC Martin faithful, also tried to stop a body from thawing??
Did you question why 3 forensic tents were used none of which covered the body of Joanna Yeates??
What did each one of these witness's tell you?? The Birches for instance? were you happy that they just said that they found Joanna Yeates.... Did you not question the exact location that they found her in ?? we know that the location changed... did you not question that, or were you just happy that some random people stated they found her??
Bill.... did you really read all of those 41 witness's statement or did you, as in your own words...
I learnt to speed read, scanning a file of papers to identify those passages I needed to revisit... Did you decide on a quick speed read and a scan that the witness's were not relevant?? I don't know.... I am asking!!!
I read their evidence again and again, thinking about it all the time. Often thinking was as important as the reading.Which evidence did you read again and again?? and what exactly were you thinking of at the time??
Bill... the only important witness you appear to have taken any notice of was a witness who wasn't important at all... 'Geoffrey Hardyman'... A man who saw nothing nor heard nothing, yet you used his statement for Dr Vincent Tabak's defence!
Now this next statement might just be my favourite bit....
I nearly always visited the scene of a murder, to understand the evidence and to speak more authoritatively in court. There was also the possibility that I would uncover some aspect of the evidence that could be challenged.Did you visit Canygne Road?? Did you Bill.... Did you see the distance from Joanna Yeates door to the glass panelled door that was supposed to be Dr Vincent Tabak's door?? Did you calculated how hard it would be to carry a dead weight between the two, and not only close Joanna Yeates door behind him but open his own door and then take Joanna Yeates into his spare room???
Dr Vincent Tabak, is carefully carrying Joanna Yeats as to not leave any evidence behind... he must be super strong.... Did you not question if that was even possible??
Body fluids???? Did that not pop into your head?? Did you not ask where all of the body fluids disappeared to?? None in Joanna Yeates Flat and none in your clients Flat or your clients car?? Did that not strike you as odd!!
Did you walk around Flat 1 Canygne Road?? Did you walk around your clients flat??
Did you go to Longwood Lane and see how difficult it would be for a body to lay on a grass verge for over 8 days without being spotted??
Not only that, did you try to time, how possible everything was within the time frame Dr Vincent Tabak had??
Did you read all of the text messages from everyone in this case?? Did you try to see what your client did for 1 hour whilst sat in his Flat with the body of Joanna Yeates?? Did you check Dr Vincent Tabak's business phone??
Did you check whether or not the blind stayed up all the time as Greg had stated.... Or did you just take Greg's word for that??
Did you see that the Flat had all of its carpets removed... That the Flat had been staged.... that tiles had been painted.... That all of Greg's possessions had been removed.... Did you see how tiny that flat was?? Did you see the surfboard in the hallway?? Did you see how small that kitchen was, where no signs of a struggle were seen,?? You couldn't swing a cat in that kitchen!!
Did you not question why your client would move Joanna Yeates to her bedroom and put her on a bed?? The difficulty in that manouver, and for what purpose?? Only to move her again from there down the hall out of the door turn left, turn left again... carry her along the back and into his Flat and put her in his spare room!!
Why would he?? Why would he want to have evidence in his own home??
Did you not think it prudent to speak to CJ??? The Landlord whom had seen/heard people at the gate on the evening of the 17th December 2010? Did you not ask what he had witnessed?? Did you not ask him if he had seen your client that evening..... I know that he did.... why don't you??
You see Bill... I could go on..... Did you check all the CCTV.... or did you just take the prosecutions word that the CCTV was what it was??
Did you not look at Dr Delaney's report and question why Joanna Yeates was found in a flower patterned pink top, when in The Ram her top is clearly plain?? Did that not peek your interest??
My approach was to forget about that and first to see what the other side was saying. And whether they could actually establish what they were alleging. I would pretend for a moment that I was the prosecutor, and work out what they would be doing to try to prove the case and how? Then look at it the other way round, and try and spot the pitfalls in their approach.Did you really check what the prosecution were alleging?? Because I cannot see that myself.... As my 2 years posting on here will prove.... My cross referencing of everything I can find and questioning why I believe you failed your client.....
So Bill..... Would you now like to tell us in detail... How you investigated, the evidence for your client Dr Vincent Tabak? And why you didn't apply for bail??
One last thing Bill..... Was it the statement from the chaplain that made it a slam dunk??
Did you see what Brotherton said as an apparent man of the cloth and you believe that??
Did the fact that Brotherton was implying that your client had confessed to killing Joanna Yeates, make you believe that was true?? Was it this scanned witness statement that clinched the deal for your client?? This man whom had assumed the role of Chaplain, you appear to have believed his statement true and correct??
Because with what you have divulged as your approach.... that is the only conclusion I can come too.... And you obviously believe a man of the cloth would not lie.... (imo)
I often wondered whether you read this.... But i don't think you have.... You might have scanned through it and believed that no-one gives a damn....
But Bill.... I give a damn.... and I am sure the public give a damn, when they realise, your scanning of files is not good enough... when you cherry pick what you think is relevant.....
Now I understand why you stated those things about your client in court.....
1: his conduct after Yeates died when he hid the body was “frankly disgusting” and had caused untold anguish and agony to her family.
2: “I’m not going to ask you to like Vincent Tabak. There’s probably nothing to like.”
3: And Miss Morson seems to agree, having failed to make a single appearance at court.
4: He had told “lie after lie to the police.
5: “did everything he could to cover his tracks”.
6: He added that he would not try to justify Tabak’s actions after her death, saying his client was “living a lie” by attending dinner parties and attempting to carry on his life as normal.
7: “I’m not going to ask you to have any sympathy for him. He deserves none.
8: “I’m not going to ask you to excuse his conduct. There can be no excuse.
9: “If I was to set out to win a popularity contest I would lose.
10: He told the court: “Of course, afterwards his behaviour is utterly disgraceful. It’s not going to be justified by me
Those ten statements that had me concerned.... concerned whether or not you had your clients best interest at heart....
Obviously you didn't... I think you forgot something Bill....
I would pretend for a moment that I was the prosecutor, When it came to trial you weren't the prosecutor, even though your behaviour suggests that you were!! (imo)
You obviously forgot..............!!!
https://www.youtube.com/watch?v=GW6MM7dLhuY