Date: Fri, 14 Oct 2016 10:37:03 +0100
From: Reickard Masters <succme@zoho.com>
Subject: Juvenile Detention 53

JUVENILE DETENTION

Chapter 53 – The Retrial

Josh was glad that he had been seeing a counsellor and had felt confident
enough to discuss his situation with Sam and Simon with him.  The
counselling had also helped to build his courage concerning the retrial and
the need to face those who had not served him as they should have.  His
time with the counsellor the day following his first sexual adventure with
Simon had helped him to come to the answer he needed, although he had not
yet shared it with Simon.  Simon for his part had kept to his word and not
asked Josh for an answer.

Josh had chosen to leave Simon waiting until he was sure Sam would have got
his letter and had the chance to read it.  Josh wanted Sam to know the
answer first. What Josh had not expected was to get a letter back from
Sam. Mr. Succum had had a hand in it, for the letter had some corrections,
still in Sam's shaky handwriting, but things Josh was sure he would not
have seen for himself.  And the envelope had a first class stamp on it
rather than the franking of the Academy, so it had been posted
privately. That letter cemented Josh's decision.

With the rescheduling of their shifts at KFC, Josh and Simon would be on
together most of the time. During a break in their first shift together
Josh pulled the letter from Sam out of his pocket and folded it a bit, then
passed it across to Simon and told him to read the part he had highlighted
in red.

Simon read it, then looked quizzically at Josh. "I don't get it. What does
this mean?"

"I wrote to Sam and told him about us. I told him about our time together
the other night and I told him that I was glad he had asked me to do
it. Then I told him that I was going to do it some more."

"And this letter is from Sam, then?"

"Yes. I didn't expect him to write back. As you know he is still learning
to read and write, and probably somebody had to help him read my letter,
but I kept it as simple as I could. He must have written back the same day
he got my letter, because I got that yesterday, and I only wrote to him
three days ago."

"And this, `teach as you taught me,' is his way of saying that he's okay
with us two doing things together."

"It's a bit more than that. I can't let you read the whole letter because
that would not be right for Sam, but what he is saying is that he wants me
to be kind and gentle with you and teach you carefully and properly. "

"No wonder he has got your heart. He sounds like a guy I want to meet as
soon as I can. Will you let me meet him?"

"Of course! I hope you and I can stay friends for a long time and that you
and Sam can be friends too."

Their conversation had to be put on hold as their break time had finished
and they had to get back to work. They talked some more as they rode their
bikes home together after their shift, but that was all they were able to
do as Esther was at home when they got there, so they had no privacy for
that sort of discussion. Also waiting for Josh when he got there was a
letter that had had to be signed for on delivery.  Esther handed it to Josh
and saw the colour drain from his face when he noticed that it was from the
sheriff. Josh tore the envelope open and pulled out the single sheet of
paper inside. It was a summons to appear in court to face a retrial on the
charges he had faced nearly a year previously. Josh's hand was shaking as
he silently held the paper out. Simon reached for it but his mother beat
him to it. She had a quick glance at it and then exclaimed, "That's next
week! They haven't given you much time to prepare."

"What is it?" Simon asked still holding his hand out.

"It's a summons for me to attend court to answer charges alleged against
me."

"And it's next week? Mum, we are going to be there to support Josh, aren't
we?"

"You will be in school, and I'm not sure if your father can get time off,
but I will certainly be there."

"Can't I get some time off from school? We could say I'm sick or
something."

"No you can't, and no you won't. This whole retrial is about doing what is
right and proper. Bunking school is the opposite of that. And you don't
know how many days it will take."

"Simon, thank you for wanting to be there with me. But your mum is right,
and I know you will be with me in your head and heart if not your
body. That will give me strength and courage too."

Josh's mobile phone started to ring. Checking the screen before answering
it he saw it was David Groggen. As Josh answered it he heard David's
familiar voice, "Hi, Josh. Did you get a summons today?"

"Hi, David. Yes, I have just got it now."

"Okay. Can you come by the office tomorrow at ten to see me?"

"Sure. If I can't get a lift is there somewhere safe to leave my bike?"

"You can bring it into my office if need be, but there is a place at the
back. Give me a ring when you get here and I will come down and meet you
and show you where to put it.  Do you have a chain for it?"

"Yes, I do."

"Good. I will see you tomorrow then. And don't worry. This case is a piece
of cake, and you are going to get to eat it with icing on top too."

"Okay, I'll be there. Bye."

"The lawyer's office?" Esther asked.

"Yeah. David wants to see me tomorrow at ten."

"I'm afraid you will have to use your bike then. I have to go to work
tomorrow and make sure I can get the time off next week."

"You don't have to do that. I can go alone."

"No, you had to face it alone the last time, and that wasn't right. I will
not let you be alone this time too."

"Thank you. I just don't know how I will ever repay you guys for what you
have done for me."

"There is nothing to repay. We are not doing this for reward but because we
care. Seeing you receive the justice you deserve is enough."

When Karl arrived home he announced to them that he had taken a week's
leave for the next week. "I saw it on the courts calendar and went straight
to my manager and asked for the time off. He didn't even argue. He just
gave me the form and signed it as soon as I had filled it in. I didn't
realise that he also had looked at what had happened to you, and he is on
your side too. In fact most of the people at the courts are on your side,
and there is one judge and one defence attorney who are probably very
worried right now."

David did not spend a lot of time with Josh the next day and just ran
through some stuff that he wanted to make sure Josh understood and what he
should say when asked certain questions. He left Josh with a list of things
to work through and made him promise to phone or text David if he was not
sure of anything. As he rode home, Josh was pleased that Esther had not
taken time off; he had spent only a half hour or so with David, and that
would have cost Esther a whole day's pay.

That evening there was a discussion on what Josh should wear for the
hearing. Josh told them that David had asked that he wear the exact same
clothes that he had worn at the previous trial, for the first day at least,
as he wanted to use that to make a point. He also said that David thought
the hearing would only take the one day, as it was rather an open and shut
case. What would take more were the claims and civil hearings later on.

The next few days seemed to drag by interminably for Josh. His nerves were
taking a pounding, but with the support of all three members of the Silvey
family he was able to hold it together. Although nervous, he was able to
enter the courtroom with an air of confidence. This time he sat next to
David instead of having to stand in the dock with a guard beside him.

As is customary, the prosecution made their presentation first. They put
forward the exact same case they had at Josh's first trial. David passed
Josh a quickly scribbled note. "They are not even trying to defend
themselves with this drivel."

The prosecution spent less that fifteen minutes presenting their case,
stating that the evidence was before the court and there was no need to go
over it again. Then David stood up to present the defence case. "Your
Honour, it amazes me that the prosecution have not even made an attempt to
explain the reason for not considering the evidence which has been
presented to support this retrial. Once again, they are showing a complete
disregard for justice and fairness. I believe this court will have no
option but to declare my client innocent and that a great travesty was
perpetrated in the farce of a trial which saw my client unlawfully detained
for a period of six months. Your honour, I refer to the court's docket
number `HMC four zero zero six two oblique seven five six A' and the
supporting sworn statements of evidence. If it pleases the court I will
quickly summarise the points made in this docket: First, the defendant's
own claims, made to the police at the time of his arrest and subsequently
to his state appointed defence counsel, were totally ignored and not
investigated at all. Second, the defendant was not given an opportunity to
speak for himself, despite his own plea for such an opportunity from the
dock at the time of sentencing. Third, none of the others arrested at the
same time claimed to know my client, yet this did not raise even a doubt
amongst any of the authorities concerned. My client is also a full two
years younger than any of the other defendants who were prosecuted for the
same offence, and again no question was asked why this would be so, even
though he is not related to any of them and there is no known association
between my client and even one of the others co-accused with him. Finally I
would draw your attention to the transcript of the hearing, where it is
clearly recorded that my client called out from the dock and requested to
be allowed to speak, a request that was ignored by both the judge and the
defence. No investigation of any sort was made by those responsible for
doing so. No, your honour, instead a person with no legal experience who
took the time to listen to my client and who could see that he was speaking
the truth did some private investigation and found the evidence that was
needed while my client was serving this unlawful sentence.

"I refer the court to the witness statements of three independent
individuals who each testify that while the offence in question was being
perpetrated, my client was some distance away watching a film in a
cinema. The investigators of this case could have obtained this evidence
with as little as two hours' work and prevented this mockery of our justice
system. Additionally the defence made no attempt to establish a true
understanding of my client's character. Had he done so, he would have been
very aware that this action for which my client was jointly accused but
separately tried was totally out of character for him. With that knowledge,
he should have investigated further. But that did not happen. Furthermore,
despite still being a legal minor, when his step-father refused to help him
no social advocate was appointed to assist him. On the day of his trial he
was not even given a cup of water to drink, such was the lack of care and
concern by those in authority. Moreover his defence counsel gave him no
advice and made no attempt to appeal the sentence after it was passed.

"Your honour, the evidence already submitted clearly shows that my client
is not a criminal, but a victim of crime. Mr. Joshua Tolmers is the victim
of the crime of total lazy incompetence on the part of his defence
counsel. He is the victim of the crime of total dereliction of duty on the
part of the police investigators and the prosecution service. This court
has no other option but to find my client innocent and order that his
earlier conviction be expunged from the records."

There followed a further hour of argument and counter argument by the
prosecution and defence, during which Josh was called to the stand and
questioned by both prosecution and defence. Timothy Clarke was also called
to give verbal evidence and back up his written statement that Josh had
been with him and the two girls at the cinema. Excerpts from the police
interview statements were read to show that it had been recorded that Josh
had claimed to be at the cinema; that his step father had refused to help
him; and also that none of the others arrested with him admitted to knowing
him, or even his name. To underline the incompetence of the defence lawyer,
David pointed out that what Josh was dressed in for this court appearance
was exactly what he was dressed in before, only it was cleaner because he
had not been given the opportunity to obtain clean clothes and had been
forced to appear in the only clothing he had had for the past thirteen
days. "Yes, your honour, in addition to the full six months of his
sentence, he had already been held in cells without access to clean clothes
for two weeks." David emphasised this additional time Josh had spent in
detention and that it had not been taken into account when calculating his
release date.

Once both sides had exhausted their arguments the judge announced an
adjournment for one hour while he deliberated his decision. David took Josh
and met up with Esther and Karl for a quick lunch in a little café near
the courts. David kept a close eye on the time and made sure they were back
outside the courtroom five minutes before the doors were opened to allow
them in. As they were standing there Josh jumped when a hand came down on
his shoulder from behind. Turning, Josh exclaimed, "Stephen!" and then
hugged the owner of the hand.

Karl had a huge grin on his face. "Allow me, Josh. Esther, David, may I
introduce to you Stephen. Stephen, my wife Esther and Josh's defence
counsel, David.  Stephen is one of the officers from the Academy who has
believed in Josh's innocence from the start."

There was a round of hand shaking and greetings. "Josh, you have nothing to
worry about. David here has painted such a strong picture that there is no
doubt which way the judge will rule. It is just what else he might add to
his ruling that we can't be sure of."

The doors opened and they all filed back into the court room, Josh once
more sitting beside David at the defence counsel's table and the lawyer for
the prosecution sitting alone and looking rather chagrined.

The clerk of the court called for all to rise and the judge entered and
moved to his seat.  There was a bit of shuffling and paper rustling as
everyone sat down, but not a voice was heard, and once everyone was seated
there was total silence in the court. The judge waited for a few moments
and took a sip of water.

"I have had the honour and privilege of being a judge in this court for
over fifteen years," he began and then cleared his throat. "In all that
time I have never been asked to preside over a hearing as distressing as
this one. I am ashamed to have to admit that my profession, a noble
profession, has been found wanting. However, I do find some small
consolation in being able to start to put things right. I am pleased to be
able to declare without any doubt whatsoever that you, mister Joshua
Tolmers, are completely innocent and I hereby order that it be noted
against the previous record of conviction that it is null and
void. Furthermore, I order the Independent Police Complaints Commission to
make a full and thorough investigation into the failings of the police
investigation in this case. I also order that defence counsel Dozen Affald
and judge Nessan Devlan be relieved of their duties until a full and
thorough investigation of their actions has been undertaken by the Crown
Prosecution Service. I further rule that the findings of these
investigations be made public through the media at the conclusion of the
investigation."

Then turning to look directly at Josh he added, "Mr. Tolmers, you have this
court's most sincere apologies for the manner in which you have been
mistreated. You are an innocent victim of people who should have known and
acted better. You have good counsel beside you there. I suggest you ask
your counsel to begin civil proceedings to obtain some justice against
those who have wronged you and in the process to claim recompense for your
suffering. Unfortunately, we cannot give you back the time you have lost
while you were incarcerated, nor can we undo the physical, mental and
emotional anguish you must have suffered. All that must be factored into
the compensation awarded to you. My hope is that by being made public no
other innocent person will be made to suffer in the same way through a
failing by those who should know better. Now before we go, you were not
given the opportunity to speak in that first trial. You have been allowed
to give your evidence today, but would you like the opportunity to say
something to this court now?"

Josh turned and looked at David, who stood. "Your honour, I believe my
client would like to say something, but I ask your leave for a few minutes
for him to think about it and for me to advise him."

"Granted."

David then spent a few minutes explaining to Josh the correct etiquette to
use and making a few notes on a piece of paper to guide him. Josh then
stood. "Your honour, after I was sentenced and led back to a holding cell
to await my transport to the Academy, I resolved that I would do whatever I
had to in order to ensure that I would be released at the earliest possible
opportunity and would be released with a clean record. I promised myself
that I would come back and get my name cleared. I had been abandoned by
all. By my family, by the police, and by my defence counsel, but I knew
that as long as I clung to my innocence one day I would see justice. Today
you have given me that justice, for which I thank you most
sincerely. Today, I can truly walk out of here with my head held high, but
that is not enough to stop it happening again to someone else. I am,
therefore, very grateful that you have ordered that investigations be
carried out. Not so that I can be avenged. I have never looked for revenge,
but lessons can be learned and hopefully something put in place to ensure
that this situation is never repeated. That will be my reward for what I
have suffered unjustly. Thank you."

As Josh sat down the only sound that could be heard in the court was Esther
weeping in the seat behind Josh. Josh turned and held out a hand to her in
comfort.

The judge sat silently for several moments, then he spoke: "Today in our
hearing a young man has spoken with a maturity and wisdom well beyond his
years. I foresee a great future for you, Mr. Tolmers. This court is now
dismissed."