The Queen V Lucy West

Cross examination of Miss Alexander Kerr Themes 1. Angry, impatient at having to work in the shop. Co-owner of DVD rental store Youve owned the DVD shop over 5 years, that right isnt it. This is a profitable venture for you isnt it? In fact, you co-own 5 similar shops in north London, that correct isnt it? However, you do not work in the shops often do you? You only work when you have there is no other alternative, thats right isnt it? So you are usually called upon as a last minute fill in?

This last minute filling in is usually disruptive to whatever plans you previously made, isnt that so Ms. Kerr? This last minute filling in upsets you doesnt it?

 Earlier this year on Wednesday 18th January, you were asked to fill in at the last minute at the DVD shop, thats correct isnt it? This must have made you angry Ms Kerr. You have another occupation, dont you? And you are also proud of your skill a an actress? You take every opportunity to keep up to date with the industry dont you? You look at other movies to observe other actors portrayals, dont you? You view this as research into your chosen field, dont you? That night was slow at the store, wasnt it? And you had settled into watching a new film? It was your first viewing of this film wasnt it? When Miss West entered the shop you were viewing this film werent you? And she went to the aisles to browse the films, thats correct isnt it? PREVIOUS INCONSISTENT STATEMENT Miss Kerr, you said in your evidence just now that Mr. kerr briefly looked at the DVDs on display? And that she looked cross when browsing the shelves?

And that she banged the covers onto the shelves? And that she glared in your direction? THIS MUST HAVE BEEN QUITE ALARMING TO YOU MISS KERR?

Didnt you originally state that she spent some time looking over the selections and that whilst she did so you continued to watch the the ides of March.

MS KERR YOU MADE A W/S STATEMENT TO THE POLICE WITH REGARDS THIS MATTER DIDNT YOU? YOU MADE IT ON THE 18TH JANUARY THE SAME DAY OF THE INCIDENT DIDNT YOU? AND THE INCIDENT HAD ONLY OCCURRED A FEW HOURS AGO, THATS RIGHT ISNT IT? AND WHEN YOU MADE IT, THE DETAILS OF THE INCIDENT WAS FRESH IN YOUR MIND, WASNT IT? YOU CAN SAY IT MUST HAVE BEEN FRESHER IN YOUR MIND THAN IT WOULD BE TODAY, WOULDNT YOU MISS KERR? AND THEREFORE YOUR ACCOUNT GIVEN ON THE 18TH JANUARY IS LIKELY TO BE MORE ACCURATE THEN THE

ACCOUNT YOU GIVE TODAY, ISNT THAT CORRECT MISS KERR? THE OFFICER WROTE DOWN YOUR ACCOUNT OF THE EVENTS ON THE 18TH JANUARY DIDNT HE MISS KERR? AND YOU WERE ASKED TO READ IT OVER? AND TO CHECK THE ACCURACY OF THE STATEMENT? AND TO ENSURE THAT NOTHING OF IMPORTANCE WAS LEFT OUT? AND TO MAKE ANY NECESSARY CORRECTIONS, IF THERE WAS ANY TO BE MADE WERENT YOU? AND ONLY WHEN YOU WERE SATISFIED AS TO THE CONTENTS OF THE W/S WERE YOU ASKED TO SIGN IT?

Sir I would like the witness to be given a copy of her statement. Miss Kerr is that your signature at the end of this statement? Miss Kerr, could you turn to para 3 please.

Sir with the courts permission I would like to read aloud the relevant paragraph.

Miss West did not bang the covers did she Miss Kerr? Nor did she glare at you did she? You just made that up didnt you Miss Kerr?

When Miss. West approached the counter, you were still looking at the Ides of March werent you? She disturbed your watching of the film didnt ishe? You wanted to serve her as quickly as possible didnt you? And when you realised she had a complaint you became impatient in serving her didnt you? Miss West told you there was a problem with the sound on one of the films didnt she? She told you the problem was with the girl with the dragon tattoo You were too impatient to listen and put the wrong film into the DVD player didnt you? She never said to you there is no fucking sound like the last time did she? You told her theres no fucking problem with any of our DVDs didnt you?

You swiped Miss West rental card didnt you?

You saw she had previously returned DVDs because they were faulty didnt you?

You thought Miss West was trying to borrow the DVDs for free didnt you? You thought she was trying to scam your shop didnt you? This made you angrier didnt it? Miss West had been a member of your shop for 2 years that correct isnt it Miss Kerr? And when you swiped her card her borrowing history would have been accessible to you wouldnt it? She usually borrows about 5 DVDs weekly that correct isnt it? So over the 2 year period she has borrowed over 500 DVDs that right isnt it? In in all that time she returned only 4 faulty DVDS in the last 2 months? You are proud of the reputation of your shop arent you?

And customers claiming that the DVDS were faulty would quickly damage that reputation wouldnt it? So you wanted this problem sorted out as quickly as possible, didnt you?

 So you quickly put a DVD into the player to check it for fault didnt you? But you were too impatient to listen to her, when she tried telling you which DVD was faulty did you? You turned the volume of the TV up, and thats why you did not hear her saying that it was the girl with the dragon tattoo that was faulty, thats correct isnt it Miss Kerr? Miss West made a 2nd attempt to get you to watch the faulty film didnt she? She took the girl with the dragon tattoo out of its case and held it out to you didnt she? You waved your hand as if to wave her away didnt you Miss Kerr? That knocked the DVD to the ground didnt it? You accidentally knocked the DVD to the Ground, didnt you?

THATS WHEN THE FIGHTER GOT DAMAGED, THAT CORRECT ISNT IT MISS KERR? WHEN YOU KNOCKED THE DVD TO THE GROUND, IT GOT DAMAGED?

MISS WEST INTENDED TO HAND THAT DVD TO YOU, BUT YOU KNOCKED IT TO THE GROUND WHEN YOU WAVED YOUR HAND IN THE AIR.

2. The lay out of the store. You consider your DVD player a valuable piece of equipment dont you? It is essential to advertise the DVDs you have got in stock? And to check the quality of your films, thats right isnt it? So it is placed on the window side of the counter, thats right isnt it? It is placed in a position to offer the most protection, thats correct isnt it? Where the staff would have control of it, that correct isnt it? And where customers would not be easily able to access it, that correct isnt it?

MISS WEST DID NOT TOUCH THE DVD PLAYER DID SHE? IT WAS TOO FAR AWAY FOR HER TO REACH WITH HER RIGHT HAND. SHE POINTED TO THE EJECT BUTTON DIDNT SHE?

You thought she was attempting to touch it, didnt you?

You pushed the DVD player away from Miss West didnt you? You pushed it to prevent her from reaching it didnt you? But you pushed it so hard, that the wires got damaged, didnt it?

She walked out of the store then didnt she? Your actions caused the damage of the girl with the dragon tattoo didnt it? You also damaged the DVD player? When the police arrived, you felt you had to make up a story didnt you? You were embarrassed at the way you reacted werent you? You felt you would be more believable if you said that Miss West smelt of alcohol didnt you? That was not true was it? You did not smell any alcohol on her breath did you?

Candidate No 1655

CROSS EXAMINATION OF MS. ALEXANDRA KERR

Ms. Kerr is the main prosecution witness, she was the only one in the room was the incident is alleges to occur. She is the first witness for the prosecution. As she was the only one in the room with Ms. West, and Ms. West disputes M. Kerrs version of events, it is important to challenge Miss. Kerr on the main issues and to put my clients case to her. Essentially, this matter will be determined by which witness account the Magistrates believe.

As this is the only witness for the prosecution that can give evidence as to whether Miss. West intentionally damaged the property of The Screening room, casting doubt in her version of events will allow the cross examination of other witnesses in the trial to

CASE THEORY

Miss. Kerr is a successful businesswoman who is proud of the success of her ventures. She is also proud of her skill as a budding actress. While she is proud of the success of the DVD shops, she does not regularly work in the hops, she only works when there is a shortage of staff,

unfortunately this means that any plans she has is interrupted, usually with short notice, and this makes her angry. On 18th January her plans were interrupted and she was angry, as the store was quiet she decided to look at a movie, as a budding actress she felt that by looking at others in the profession she could improve herself, she became engrossed in the film when she was disturbed by a customer, this added to her earlier irritation. When she realised that Ms. West was complaining again about a faulty DVD, this really was the straw that broke the camels back. She was vocal in her anger, and had already decided that Miss West was lying, so she did not follow the exchange procedure. She was also concerned that the reputation of a DVD rental shop would quickly become destroyed if it became known that their stock was faulty.

Ms. West, who was a regular at the store quickly realised this and she became defensive. They had a loud, heated exchange, which was observed by the only other person present in the store that night. However what followed was really accidents created by Miss. Kerr aggression and determination to prove that Miss. West was trying to borrow DVDs for free. She accidentally knocked the DVD to the floor where it got damaged. She then tried to protect the player, as she thought Miss West was attempting to touch it, but in her haste she pushed it too hard and the wiring strained and got damaged.

Unfortunately, Tasmin Greene had already called the police, and when they arrived to avoid the embarrassment of everyone realising that she had blown the incident out of all proportion, Miss. Kerr concocted a story, even adding that Miss. West was drinking so that her version would seem more credible.

THEMES TO DRAW OUT IN THE CROSS EXAMINATION

Attitude to last minute call out to work Previous inconsistent statement-credibility of Witness Anger at interruption while watching film Miss West borrowing history- No evidence of trying to watch DVDS for free Layout of store- impossible to reach DVD Player and lift with one hand Lied to cover her embarrassment

The evidence of Ms. Kerr is damaged to Ms. West defence. This is essentially a case where the only persons present on the room, dispute what the other says about the fact that are in issue. If Ms. Kerr version is believed then it means that the defence has failed to successfully challenge her and create some doubt in the minds of the Magistrates. Ms. West defence is that Ms. Kerr is lying, on all the important issues she has stated that Ms. Kerr has made her story up or has exaggerated the incident. She says Ms. West was drinking. Ms. West says she was not. She says Ms. West pulled the DVD player, Ms. West says she did not touch it. She says Ms. West slammed the DVD, Girl with the dragon tattoo to the counter, it fell to the floor and Ms. West kicked it and broke it, Ms. West says she knocked the DVD out of her hand and it fell to the ground. These are all instances showing that acceptance of Ms. West version of events means that Ms. Kerr is lying.

Cross examination of Ms. Kerr should be mainly challenges to her version; an effective cross will cast doubt on her version. The most important area would be to show that she has been making things up in the witness box, thus showing her to be a person who makes things up on the spur of the moment, if her credibility is show to be questionable, the Magistrates may be more inclined to believe Ms. West.

In my closing speech I can say that as an actress, Ms. Kerr is used to embellishment, and can show how the events of the night got blown out of all proportion and in an attempt to seem like the innocent party Ms. Kerr made up a story. That she never intended to call the police but as they had been called she felt pressured into making a report. She knew that Ms. West had been borrowing DVDS for some time and had no confrontations with the staff so in order to give a reason why Ms. West would act so aggressive in her version, she stated that Ms. West was drinking. However the whole account consisted of fabrication and exaggeration by an actress who had blown the incident out of proportion.

FACTS TO COVER IN CROSS EXAMINATION Reason for being on shop that night State of mind Previous inconsistent statements Location of DVD player Content of conversation Ms. Kerr sweared at Ms. West

Ms. West stating that The girl with the dragon tattoo was faulty Ms. West had not been drinking Ms. Kerr pushed the DVD player away from Ms. West

The cross examination will follow a chronological order. This is to ensure that Magistrates can see the build-up of anger, which culminated in Ms. Kerr losing her temper and accidentally damaging the stores property. State of mind Watching the DVD Interruption Impatience at interruption Anger at returns Heated exchange with Ms. West Property damage Made up story to account for her behaviour