Sunday, March 25, 2007

Visit to Belfast

Early start

Our flight from London's Gatwick airport to Belfast had a scheduled departure of 7 a.m. To meet that, Rebecca and I dragged ourselves out of the flat at 4:10 a.m. After a series of buses, trains, and one airplane, we found ourselves in downtown Belfast ready to make our 10 a.m. appointment at Laganside Courts.

The Langanside Courts building.

After we asked for our contact person at the reception desk, the receptionist brightened and said? "You're the students? Excellent. Have a wee seat around the corner and Maureen will be right out."

Maureen materialized and led us through the modern building to the chambers of The Recorder of Belfast. We spoke with the Recorder briefly before we agreed to observe ongoing proceedings in which a judge was delivering his charge to the jury. Our hosts led us through a labyrinth of corridors into a well-lit, chilly, large courtroom. Maureen, Rebecca and I passed just behind the glassed-enclosed dock, where the defendant sat between two prison guards, and the glassed-walled public gallery, where small groups of people were observing the proceedings. We sat in a group of seats intended for members of the bar just to the side of the jury box.

A judge's charge to the jury

In England and Northern Ireland, a judge presents the jury with an oral summary of the evidence presented. The case we had walked in to observe involved allegations of sexual and physical abuse by a defendant's two step-daughters. Among the judge's first comments was, "You may recall that the defendant could not remember that he had a daughter from this previous relationship. Now I expect that there may be parents and even fathers among you, and I would suggest that it is not uncommon that a man may not remember the exact birthdays of all of his children, and ask his wife when the answer is needed. But to forget a daughter?"

The judge also indicated to the jury that it would have to decide whether one of the daughters was motivated to make allegations against the defendant because she thought it would result in a money judgment (in separate civil proceedings). In another rhetorical question to the jury, the judge asked, "But could she have been motivated by money when she lodged a claim against him at age fourteen?"

The judge's summary of the evidence against the defendant included a reprise of completely distressing testimony by the daughters about the defendant's alleged behavior.

The judge concluded his charge to the jury with the instruction that they need not be unanimous, but a decision to request a non-unanimous (at least ten of twelve) verdict as to any individual count could only come after at least two hours of deliberation. The jury then retired to deliberate.

The judge then ordered the defendant to be removed from the dock. The guards rose with the defendant and walked to the door of the dock which was set about seven feet from where we were seated. The defendant passed by, his wrists shackled to the arm of the guard ahead of him, and he looked closely at the three of us.

I think he will receive a long sentence of imprisonment.

Tea and lunch at the Royal Courts of Justice building

Maureen returned us to the Recorder's chambers, and, over tea and biscuits, the Recorder explained the structure of the courts in Northern Ireland and his work administering the courts within his jurisdiction. He explained that the courts still had a small number of Diplock trials -- criminal trials with no jury (created because jurors in IRA-related cases had, during the Troubles, been subject to violence, threats of violence, and general manipulation).

Following our discussion with the Recorder, Maureen brought us briefly to her office where we had a short break. We discussed the advantages and disadvantages of modern courthouses, and she gestured out the window to an old, red brick building, "That building there, you know it's been blown up so many times, but each time they have to build it back as it was. There's a courtroom in there that I take visiting schoolchildren to, and it's very old and lovely. They just enjoy the feeling of sitting in that old courtroom."

During my time in the U.K., I had seen old courtrooms. This was the first reference, however, to an old courtroom in a building that had been the subject of several bomb attacks.

We had to get to lunch, however, so Maureen walked us across the street (which was entirely ripped up and under construction) and over to the Royal Courts of Justice. Rebeeca and I were shown into the chambers of the Lord Chief Justice Brian Kerr, and had lunch with Sir Kerr and a colleague of his on the Court of Appeal.

Our lunch was served on rose-patterned china dishes and included white wine, and after the meal, red wine. Rebecca and I were given little boxes of chocolate truffles. Our lunchtime conversation was delightful. We felt like judicial rock stars.

Our hosts then returned to their work and left us in the hands of a capable court clerk. The clerk gave us a tour of the building, including the old law faculty library. (As in Scotland, all barristers in Northern Ireland work out of the courts' law library.) We then left the courthouse to see the new law faculty library next door.

The Law Faculty Library of Northern Ireland.

The Law Faculty Library building is impressive, modern, and very equipped for modern technology. It has a cafe on its top floor, and a great, if narrow, outdoor balcony with excellent views of Belfast. Each barrister has either a desk or an office, and offices are assigned by seniority (and have different rental fees). Barristers with only desks also appeared to have separate lockers for their coats and other belongings.

Following our 'whistlestop tour' of the library, we returned to town and made our way to the guesthouse where we were staying.

That evening we ventured into The Crown Bar, a Belfast landmark, and the only pub owned by the British Heritage Foundation. It was rather too smokey to our liking, however, so we ate dinner at a restaurant closer to our accommodation. The name of the restaurant is linked to another point of Belfast pride, the Titanic, which was built in the city's shipyard. The food was excellent, and the place was situated next to a company that featured a Pegasus logo: Perfect!



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