Cross-examination of the witnesses of the prosecution counsel:
Peter Sunderland, chief inspector.
1) Was Mr. Barr with that arrested for the smuggling five men?
No, Mr. Barr was on the other side of London. He was walked towards the South Bank Tube Station.
2) Do you know, Mr. Sunderland, was the accused have ever met them before?
No, I don’t. When we showed Mr. Barr to them, we didn’t noticed some sign of meeting.
3) And after the search, had you found some materials, which would allow to identify one of those smugglers?
No, there was only a large amount of money.
3) So, how can you allege, that the defendant was waiting one of that person to take from him money, if we know, that he didn’t know anybody from them and he hadn’t any thing, which can help to identify that person?
Emm… I don’t know! Maybe he got special gesture.
4) Thanks you, Mr. Sunderland. I have no further question, your honor.
John Ashworth, detective inspector.
1) Did you see how Mr. Barr sold the van?
Yes, I saw him, when the deal was concluded.
2) And can you compare the thickness of the wallet before he got the money and after that?
As I think, the wallet was similar before and after deal.
3) Had you noticed some signals from that smuggler, who bought the van?
No, I didn’t. He came to the van as soon as possible and said something to Mr. Barr. After that, Mr. Barr got very satisfied face and take keys to him.
4) Mr. Ashworth, did you see similar vans selling on that day?
Yes, there was a lot of vans.
5) In the mean, how much they cost?
About 800$.
6) So, the price of the van wasn’t overstated?
Ar… Come out as the price wasn’t overstated. But he can write this price, but get more than the written.
&) Thank you, Mr. Ashworth. I have no further question, your honor.
Examination-in-chief of the witnesses of the defense counsel:
Mr. Barr, accused.
1) Are you Mr. David Barr?
Yes, I am.
2) Do you work as an Australian school teacher with our wife?
I do.
3) Would you please tell the court in your own words how the heroin came to your van?
I left Sydney, Australia, in September 1988 to drive around the world to England. I was accompanied by my wife. I had no criminal intentions and can’t understand how the heroin came to be in my petrol tank. The only explanation I can offer to the court is that when I was in Marseilles, I had a road accident, because of which, I got my van to strange man, who repaired the car in a service station. It takes about 2 days.
4) You didn’t know that the heroin was in the tank of your van, didn’t you?
No, I didn’t.
5) Can you prove that the car was repaired?
I can’t show any documents, because that man only repaired it without money and cheque, but I can show the place which was broken and after that repaired.
6) Your honor, I have the results of experts which confirm that the car was broken in the period defendant affirm.
Mr. Barr, can you prove that you didn’t get more money for the van, than you set?
Yes, I hadn’t much time to lay the money which I got from the sale with the money, which I had before the deal. So, the police found 2100$ + 900$, not 3000$ together.
7) Your honor, I have the report of the describing that place. The words of the defendant are true.I have no further question, your honor.
Mrs. Sandra Barr, wife of the accused.
1) Are you Sandra Barr?
Yes, I am.
2) Do you work as an Australian school teacher with our husband?
I do.
3) Would you please tell the court in your own words why Mr. Barr carrying so much money?
Mr. Barr is very distrustful man. Because of it, he doesn’t want to create an account in the Bank. He hasn’t got any bank account in the world.
4) Did you notice some deviation from his conduct when you were with him?
No, I didn’t. Moreover, we were all time together and he looked like very happy and cheerful.
5) Can you confirm the words of you husband?
Yes, I can.
6) I have no further question, your honor.
Closing speech of the defense counsel:
The speech of the prosecuting counsel was convincingly. But we forgot about some facts, which correspond to the truth.
There are:
First, Mr. Barr didn’t know about the heroin in his van. It was established by that fact that all his words have solidly base. It expresses in results of the experts.
Second, the police cannot prove that Mr. Barr was paid more than the van was worth. We know it from the evidence given by John Ashworth and Mr. Barr.
Dear jurors, I count on fairly decision.
Prosecution
Opening speech of the prosecution counsel:
Your Honor, dear impartial jury! You must try enough difficult case. I will statement of the circumstances of this the case. On Saturday the 19th of August in 1989, two Australian school teachers, David and Sandra Barr, arrived in Dover from Calais. At Dover their van was given a very thorough examination by officers of H.M. Customs, who found the heroin in the tank of their van, but Mr. and Mrs. Barr were allowed to enter the country. They drove to London and put up at a hotel in the Earl's Court Road.
The next Saturday on the 26th of August, Mr. Barr drove his Dormobile to the South Bank Road where many Australians go every Saturday to sell their Dormobiles before flying home. Mr. Barr put a notice on the side of his vehicle saying "For sale, 950$". A few minutes later a man offered Mr. Barr to buy the vehicle for the asked price. He said he would either pay by cheque there and then, or meet Mr. Barr on the following Monday and pay 1,000$ in cash, but Mr. Barr still refused to sell the van. The man walked away.
A few minutes later another man approached Mr. Barr. They talked for a few minutes. Then the man examined the van very carefully. Then he gave Mr. Barr an envelope containing a quantity of bank notes and drove away in the van. Mr. Barr walked towards the South Bank Tube Station. As he was about to enter the station he was arrested by two police officers.
Examination-in-chief of the witnesses of the prosecution counsel:
Peter Sunderland, chief inspector.
Are you Peter Sunderland?
Yes, I am.
Do you work as a chief inspector of the Dangerous Drugs Squad at New Scotland Yard?
Yes, I do
Would you please tell the court in your own words what happened with you on the 26th of August 1989?
On Saturday, August 26, Mr. Barr drove the Dormobile to the South Bank and parked it for sale. I sent Detective Inspector John Ashworth to find out if Mr. Barr was prepared to sell the van. Detective Inspector Ashworth offered to buy the van from Mr. Barr but Mr. Barr refused to sell it. A few minutes later Mr. Barr sold the van to another man. Police officers followed the van to a warehouse in the East End of London. Police raided the warehouse and arrested five men for smuggling illegal drugs. These men admitted their guilt. Mr. Barr was also arrested for smuggling drugs.
How did you know that the van of Mr. Barr contained the heroin?
In July 1989 the Dangerous Drugs Squad at New Scotland Yard was advised by Interpol that a group of criminals were trying to smuggle a large amount of heroin into Britain. The heroin was to be concealed in a Dormobile van driven by some Australians. On August 19 they found heroin hidden in the petrol tank of a Dormobile driven by Mr. and Mrs. Barr. I asked the Customs at Dover to let the van enter the country and arranged to have the vehicle followed.
What did they do then with the van?
Mr. Barr drove his Dormobile to Earl's Court Road in London. He parked the van in the hotel garage and didn't go near it for a week. During that time Mr. and Mrs. Barr travelled around London by underground and behaved as ordinary tourists.
John Ashworth, detective inspector.
Are you John Ashworth?
Yes, I am.
Do you work as a detective inspector of the Dangerous Drugs Squad at New Scotland Yard?
Yes, I do
Would you please tell the court in your own words what happened with you on the 26th of August 1989?
On Saturday, August 26, 1989, I was one of the police officers who were watching Mr. Barr as he drove his Dormobile to London's South Bank and put it up for sale. I tried to buy the van from Mr. Barr. I approached Mr. Barr and pretended that I wanted to buy his van. I asked him how many miles it had done. I asked whether it was in good condition. I then said I would buy the van for 950$. I offered Mr. Barr a cheque. Mr. Barr said he could not accept a cheque for such a large sum of money and that he did not have an English bank account. I then said you would give Mr. Barr cash on Monday morning. Mr. Barr answered that if he did not manage to sell the van that morning (the Saturday), and then I should come to his hotel on Monday with the cash. A few minutes later Mr. Barr sold the van to another man. The van had driven away. Mr. Barr walked towards the South Bank Tube Station. As he was about to enter the station he was arrested for smuggling dangerous drugs.
What sum of money did you offer to Mr. Barr?
I offered £ 1,000 in cash
Why did you offer higher sum of money then the price?
I wanted to check up he really wanted to sell the van or carried out a criminal plan, waited for someone from their criminal gang to transfer a van.
Helen Smite, the witness:
Are you Helen Smite?
Yes, I am.
Do you work as an Australian doctor?
I do.
Would you please tell the court in your own words what happened with you on the 26th of August 1989?
I was offering for sale my Dormobile on the South Bank.
How many people wanted to buy the van of Mr. Barr?
He had two buyers. At first this man has approached to Mr. Barr. He offered to him a cheque, but he did not accept it. Then the man offered cash, but he only could give it later. But Mr. Barr refused to sell the van to him. The man walked away. A few minutes later another man approached Mr. Barr and gave a salute to him. They talked with animation for a few minutes. Then the man examined the van very carefully, inspecting the engine, the interior and the bodywork. He then crawled underneath the van and inspected the underside. Then he gave Mr. Barr an envelope containing a quantity of banknotes and drove away in the van. Mr. Barr walked away.
Cross-examination of the witnesses of the defense counsel:
Mr. Barr, the accused:
Why did you trust to repair you’re the van to stranger man so easy?
I thought that he really excused about accident and had good intentions.
How can you prove that these damages of the van were got as a result of accident in Marseilles?
I don’t know! But this true!
Thank you, Mr. Barr. I have no further question, your honor
Mrs. Sandra Barr, wife of the accused.
Mrs. Barr, did you notice that your husband was agreeing with someone about sale of the van?
No, I didn’t.
Thank you, Mrs. Barr. I have no further question, your honor
Closing speech of the prosecution counsel:
Your Honor, Dear jury! In trial, we have seen that many facts confirming guilty of the accused. Such facts as:
Mr. Barr refused to sell his van to Detective Inspector Ashworth for the established cost because he was waiting for a member of the gang, who paid him more than the van was worth.
The police found 2100$ + 900$, not 3000$ together, but they didn’t find an envelope, which you received from their man. That is why, we don’t know that he sold the van for 900$ or 2100$.
Mr. Barr's story about the accident in Marseilles may be true, but even if the smugglers created an accident of this kind, Mr. Barr may still have known that they intended to put heroin into his petrol tank. That is why, this accident is part of their criminal plan.
Dear jurors, you know that actions speak louder than words. I hope you will reach a fair verdict.