Cold Blooded Murders by Alex Josey Read Free Book Online Page B

remove any impression
created by these words.
    His Lordship: I shall myself tell the
jury when I come to sum up, when I reach that stage, that the issues they are
concerned with are clear and simple and nothing else. But I certainly, if you
feel that you are labouring under any sense of injustice, Mr Coomaraswamy, I
shall certainly allow you to continue your cross-examination if you like. If
you wish to add anything at the end of it you may certainly so do.
    Mr Coomaraswamy: Well, in view of the
words used by your Lordship just now, I don’t think I need pursue the matter
any more.
    His
Lordship: It is entirely your responsibility, Mr Coomaraswamy. I shall tell the jury what they have to consider and nothing else.
    Mr Coomaraswamy: As your Lordship
pleases.
    His Lordship: But don’t let that debar
you from saying anything at this juncture that you think you should be allowed
to say, provided it is relevant and admissible, and has a bearing on the case.
I will give you every attention.
    Mr Coomaraswamy: Well, in that event,
my Lord, I should like a few minutes to consider the position.
    His Lordship: You needn’t make the
decision at the moment, but I will leave the matter before you at any time
during the continuance of this hearing.
    Mr Coomaraswamy: As your Lordship
pleases.
     
    Mr Coomaraswamy continued with his
cross-examination of the boatman, Yusuf, until the end of the day’s proceedings
when he asked the judge’s permission to make a personal statement. “My Lord,”
he began, “I must with the greatest respect differ from your Lordship as to
what is the proper conduct of an advocate and solicitor in the circumstances I
was placed— ”
     
    His Lordship: What were the circumstances?
    Mr Coomaraswamy : As to the taking of
the statement from this witness.
    His Lordship: I am told he was given
some milk by somebody and he got $10, and he got another $30. This is
impropriety on the part of a solicitor. What were the circumstances? Why did
you do it?
    Mr Coomaraswamy: That is what I am
about to explain.
    His Lordship: I am sure you did it with
the best of intentions.
    Mr Coomaraswamy: The position was that
I was informed of an attempt being made to interfere with this witness, and I
thought one way to ensure things would be to have a statement recorded from
him.
    His Lordship: Surely the right thing to
do was to lodge a complaint forthwith with the State Advocate-General to the
effect that information has come to your ears that this key witness has been
interfered with? Surely this was the proper thing to have done?
    Mr Coomaraswamy: Unfortunately, in this
particular case there were circumstances which made it impossible for me to
communicate with the State Advocate-General. I don’t want to disclose these
reasons now. In any case, my Lord, I think I am straying from the point, but I
have always known it to be the position, and this is the attitude taken by the
Law Society in England with the full approval of Lord Goddard, the Lord Chief
Justice, that there is no property in a witness whether it is a witness for the
defence or a witness for the prosecution. The defence can, as soon as a man is
arrested for an offence, serve subpoenas on everybody and thereby deprive the
prosecution of witnesses. Now, there are some persons who hold the view that
the position in Malaya is different because of certain provisions, but I see no
reason to make that distinction, and, in fact, before interviewing the witness,
I did consult a very senior criminal lawyer with a considerable criminal
practice.
    His Lordship: Even the greatest of
criminal lawyers are known to make mistakes. Some of them have been warned by
the Law Society. But I accept your point. In the whole of my extensive career
both at the Bar and on the Bench, I have never heard of this being done before.
    Mr Coomaraswamy: May I continue?
    His Lordship: If you were informed of
an attempt to do so, surely you should have communicated with the Public
Prosecutor’s