A Life of Crime: The Memoirs of a High Court Judge

A LIFE OF CRIME

The Memoirs of a High Court Judge

Harry Ognall

Copyright

William Collins

An imprint of HarperCollinsPublishers

1 London Bridge Street

London SE1 9GF

www.WilliamCollinsBooks.com

This eBook first published in Great Britain by William Collins in 2017

Copyright © 2017 Harry Ognall

Cover photograph © Annings Digital Photography, Ilkley

Harry Ognall asserts the moral right to be identified as the author of this work

A catalogue record for this book is available from the British Library

All rights reserved under International and Pan-American Copyright Conventions. By payment of the required fees, you have been granted the non-exclusive, non-transferable right to access and read the text of this e-book on-screen. No part of this text may be reproduced, transmitted, down-loaded, decompiled, reverse engineered, or stored in or introduced into any information storage and retrieval system, in any form or by any means, whether electronic or mechanical, now known or hereinafter invented, without the express written permission of HarperCollins

Source ISBN: 9780008267469

Ebook Edition © November 2017 ISBN: 9780008267476

Version: 2018-11-06

Dedication

To Sally, for so many reasons.

‘That’s it, then’

‘There are worse prisons than words’

Carlos Ruiz Zafón, The Shadow of the Wind

Contents

Cover

Title Page

Copyright

Dedication

Epigraph

Prologue

Chapter 1: Beginnings

Chapter 2: An Opening Door

Chapter 3: The Silk Road

Chapter 4: Advice to the Young Advocate

Chapter 5: A Tribute and a Testament

Chapter 6: Scarlet and Ermine

Chapter 7: At the End of the Day …

Epilogue

Acknowledgements

About the Author

About the Publisher

PROLOGUE

Chinese wisdom encourages us to take comfort that ‘even a journey of a thousand miles begins with a single step’. But what if the journey is not one that lies ahead, but one of retrospect? Does that need less resolve – or more?

My life in the law was filled with so much that enjoyed a high profile at the time, and which has left a legacy of continuing interest, and sometimes fascination. That said, there is an obvious danger that, as a central actor in those dramas, my recall may now be corrupted by the erosion of the passing years. Or my account may be tainted by the temptations of egotism, or the lure of the apocryphal.

And so I have put off this moment for a very long time, until it has become very clear that I should either embark now, or never. I must do my best to tell it as it really was.

1

BEGINNINGS

What follows will be the odyssey of my life at the English criminal Bar and as a Queen’s Bench judge, recounted through the prism of some of the more memorable trials in which I was involved. But every narrative must have a beginning, and my early years seem to me to be as logical a starting place as any. Wholly to ignore the first twenty-five years of my life seems to me, anyway, to leave a void. However accidental my ultimate choice of career may seem to have been, perhaps within my early years is to be found the seed bed out of which my future grew.

I was born in 1934 in Salford, Lancashire, of middle-class Jewish parents. They were never more than easy-going in their orthodoxy, and (save in my early days at school during the war) my religion never featured as a significant or oppressive aspect of my life. I was named (curiously) Harry Henry, after my paternal grandfather, who had died one month earlier. I know very little about him. He was by all accounts a kind, modest and hard-working man. He lived with his wife, Bessie, in Rutherglen, Glasgow, and was a councillor for the Gallowflat Ward in what was then the separate town of Rutherglen, serving for one year as its provost, or mayor. He made the improvement of educational facilities and standards his special interest. He ran a small business, selling smoking pipes and tobacco.

My father, Leo, was the oldest of my grandfather’s three sons and a daughter. He was born in 1908 and left school at sixteen. Thereafter, he worked first in Glasgow and then in Manchester in a variety of generally mundane jobs until the outbreak of the Second World War. (For a short time he was a cub journalist for a national newspaper, and achieved temporary fame by riding pillion on the Wall of Death at a visiting circus.) He worked for some years for a very large mail-order company. That bred in him a deep-seated and lifelong aversion to working for anybody save himself. He was adamant that both my young brother, Michael, and I should become professional men. (Michael was to qualify as a doctor.)

At the outbreak of war in 1939, his extreme short sight meant he was excused military service. He spent the war years working as a supervisor at an ordnance factory near Leeds that produced military vehicles and ammunition.

Providentially, he found his true niche in life in his middle years. He had always been an avid reader of detective fiction. I can remember a monthly magazine devoted to the genre – Black Mask, which was always in our house. With the end of the war, and with no obvious employment in prospect, he decided to give writing a go. It was a courageous decision. He had a wife and three children to support, and no guarantee of success, but against the odds, it worked. His first offering to Collins publishers was accepted. Thereafter, until his death in 1979 he wrote under two pseudonyms some four detective novels a year. The royalties, while never very substantial, more than kept the wolf from the door. Above all, it fulfilled his fierce wish for independence.

My father’s small stature may well account for the fact (which I only recognized after his death) that he never rid himself of deep feelings of inadequacy. Only when going through his effects did I gain true insight into his real self. Over the last ten years of his life he wrote and assembled a large collection of reflections on life entitled ‘Thoughts while Thinking’. To my distress, I realized from reading these that I had scarcely known my father at all. His musings are sometimes provocative, sometimes touching, often profoundly wise, and throughout suffused with melancholy. I read them with a growing sense of wonder, and with sadness. Among them, I found this – written a few years before he died:

All my life I have been a failure. My one achievement is that I am now honest enough to admit it.

How often since I first read those words have I wished I could tell him how wrong he was.

My mother, Cecilia (‘Cissie’ to all her friends), was born in 1909 of Polish immigrant parents who at the turn of the century had fled the pogroms with their families, and later married in the UK. Like many other Jewish refugees, they settled in Leeds. (The city was then a centre for bespoke tailoring, and my grandfather Noah was a skilled tailor.) My maternal grandmother (another Bessie) never learned either to read or write in the English language. Noah could read sufficiently to master the race cards published in the newspapers. He was an avid gambler.

My mother was a physically attractive woman. She was denied any higher education, but was gifted with a considerable native intelligence, insight and a natural charm. Unlike my father, she enjoyed a wide circle of friends. From time to time she turned her hand to the writing of short stories, some of which were published in magazines such as Argosy. She was a regular and successful entrant to newspaper competitions for verse-writing.

It was in those prehistoric days that the free-standing spin dryer burst upon an astonished world. It was the size of a tiny waste bin, with a spout under which an empty bowl had to be positioned. You placed the wet laundry in the contraption in small quantities, and switched on, whereupon it would bounce about merrily on the kitchen floor while a trickle of water dripped out (sometimes) into the bowl. My mother won one such device with this (as I believe, profound) quatrain:

Quick as a dream

A spark, a stream

Life – at life’s end

Must seem

On the day she died, she left the day’s main Daily Telegraph crossword beside her bed, correctly completed. I have always believed that her literary talents exceeded those of my father, but the ethos of those days was such that she subordinated herself to him in the roles of wife and mother.

Those were my parents. I suppose that to most outward appearances they were a pretty ordinary provincial suburban couple, and in many ways they were. But they had undoubted talents and they shared an unshakeable mission to see their children receive every advantage that they had been denied. An obvious question in view of my future career as an advocate is to ask if either ever demonstrated an ability for public speaking. The answer is ‘no’.

When Neville Chamberlain declared war in 1939 we were living in London. I can still remember hearing planes overhead, and being vaguely aware that they were German. Though I never asked my parents, I have often since wondered at their feelings as they listened to reports of Hitler’s unstoppable progress to the French side of the Channel. They, along with all other Jews in this country, can have been in no doubt at all as to the fate that awaited us if the Third Reich conquered our island.

We were living in Wembley, North London when war with Germany was declared. I was just short of six years old. Along with a huge number of other youngsters living in cities deemed vulnerable to the Luftwaffe, I became an evacuee.

I was taken by my tearful parents to Euston station, tagged with a name badge, a gas mask in a cardboard box slung around my neck. I held a tiny suitcase, packed with such few pathetic items as amounted to a wardrobe for a six-year-old child. Thence I was dispatched to Kendal in the Lake District. I was looked after by a couple named Jackson for what turned out to be just a few weeks. They lived on a smallholding at Cartmel, a village near Grange-over-Sands, north of Morecambe Bay. I recall almost nothing of my time there. I do still however remember the contrast between that beautiful, peaceful, hill-shrouded place and the North London suburban home I had left. I also remember with an involuntary shudder being made at breakfast to drink unpasteurized milk, warm and straight from the cow. I believed at that tender age that I would have preferred the hazard presented by the bombers.

It is not to disparage the kindness of so many people like the Jacksons when I say that, happily, my stay there was a short one. My parents and my very little brother left London and moved to Leeds, where my maternal grandparents had been living for many years, and there I joined them. My father began work (which continued until the end of the war) in his exempt occupation at the huge ordnance factory near the city. Leeds became my home until I left for university.

The remainder of my childhood and adolescence was passed in the city, mainly in a rented semi-detached house in suburban Roundhay, with a large park nearby. For ten years I attended Leeds Grammar School, one of the great northern centres of grammar school education. When I started there in 1942, the fees per term were seven guineas; when I left, they were fifteen guineas (approximately £250 and £400 in today’s money). On one occasion, my mother pawned her engagement ring to pay my fees and those of my brother for that term.

It is strange for me now to recall that, although corporal punishment for young offenders (in the form of birching) disappeared from our criminal law halfway through my ten years at the school, we were no strangers to it in the institution we referred to as LGS. There were two masters who employed it. The swimming instructor kept a piece of chair leg, known to all of us as ‘mutton chop’, that was soundly applied to the wet bum of the last of the class to get out of the pool after the whistle had been blown. The other devotee of similar violence was a bachelor classics master whose motivation I long ago recognized sprang not from a wish to instil discipline, but was beyond doubt the product of perverted sexual instincts. His incessant use of a very long, cylindrical ink ruler on the backsides of his charges was well known and widely feared. He called this weapon ‘Algy’, and would presage its imminent use with the hissed words ‘Algy’s barking.’ Mercifully, he was feared no more after he overstepped the mark with some unruly and very big fifth-formers. They seized him and dumped him bottom first into a very large and deep wicker wastepaper basket so that he was helplessly wedged with his arms and legs up in the air. He was thus found, out in the corridor, by no less a person than the headmaster. It shows how distant was the era when this regime held sway, that it was an accepted commonplace in nearly every boys’ school in the land, and that no parent ever sought to demur.

I ought to say that this aspect of my schooling should not only be seen in the context of its time, but pales into insignificance when I acknowledge all that the school did for me. My teachers, especially in my last three years, were outstanding. My parents’ sacrifices in sending me there still fill me with wonder. I owe both them and LGS an enormous debt of gratitude for the way in which they fitted me for later life.

The school had some 800 boys. I remember that it was well known that the governors restricted the annual intake of Jewish boys to 10 per cent of the total. My first years there – until the end of the war – were the only time that I felt the scourge of anti-Semitism. Adult Jews were seen as draft dodgers, and had a reputation for using their business acumen during times of acute shortages to profiteer on the ‘black market’.

From the snide comments regularly aimed at me and others, it was easy to guess the sort of observations being made at home by their parents. Life is full of ironies. I was living in a country that at the time was totally committed to the destruction of everything represented by the Third Reich – and by no means least, Hitler’s ‘Final Solution of the Jewish Problem’.

The head of the school was Dr Terry Thomas, known as ‘TT’, although any resemblance to the well-known stage and radio comedian of the same name was entirely coincidental. He ruled (and I mean ruled) the school for thirty years, the last ten of which coincided with my time there. Like all of us at LGS, I was in awe and fear of him. How well I still can see in my mind’s eye the scene at the end of each term when all 800 boys assembled in the grand, pseudo-Gothic hall upstairs called Upper School. At the end of proceedings ‘Fritz’ Turner, the music master, played the piano as we all lustily and with total incomprehension sang in Latin the school song: ‘Floreat per saecula, schola Leodenses …’ As the last notes died away TT would say ‘Have a good holiday, boys,’ and from 800 uplifted faces, unanimous in their insincerity, would come the response ‘Same to you, sir.’

But, despite his awesome presence, it is to an encounter with the headmaster in my penultimate year at school that, as much as anything, I owe my future calling as a barrister.

When I was seventeen my father took me to see him for an assessment of my chances of getting into Oxbridge if I stayed on at school for an additional year. Neither of us ever forgot his reply.

‘The reports I have,’ he said, ‘suggest that your son has not learned a great deal, but that he has a talent amounting almost to genius for making what little he knows seem a good deal more.’ As we walked to the tram stop to go home, my father said to me that this pointed possibly to a career at the Bar. And that is how it happened.

After that, I never gave thought to any other option, including the profession of solicitor. For me, that side of legal practice seemed too cerebral, too closeted an existence. I had no connections at all with the Bar, nor did we know of anybody who could help me along that road. It was simply that I instinctively knew that was the way for me to go. Not for the only time in my life, I was lucky.

I went up to Lincoln College, Oxford in the autumn of 1953 to read law. Looking back, I have always cherished the privilege of being an ‘Oxford man’, but there has also been another side to that coin for me. I rowed and played tennis for my college. In my last year, I was President of the University Law Society. I made good friends. Despite all that, I still feel that I worked too hard, and did not make as much as I should have done of the many freedoms offered by undergraduate life. Weekends were often quite lonely. College chums with money – and there were still plenty of them in those days – would take themselves off to the fleshpots of London, and the tolling of many church bells on Sundays did nothing to lift my spirits. Perhaps my memory plays tricks?

The exciting news came in my last summer term, when I was offered a year’s scholarship to the University of Virginia Law School to write a comparative law thesis for a Master’s degree. I was fortunate to receive a Fulbright award to fund my travel expenses.

I spent a very happy year in the USA, during which I travelled extensively. It gave me a lasting affection for so many things that great nation has to offer. My brother and sister and my younger son all live there. My wife and I are frequent visitors, and we hugely enjoy the time we spend in California with our grandsons.

In those days one could read for the final Bar examination by correspondence course, and (working from home) that is what I did. As every intending barrister must do, I joined one of the four Inns of Court (in my case, Gray’s Inn), and regularly travelled the 200 miles to London to fulfil the requirement of dining in hall on a stipulated number of occasions. Having passed the final exam, on 25 November 1958, wearing a dinner suit rented for the occasion from Moss Bros, I bowed before the Treasurer of the Inn, who called me to the Bar.

The summer before I went into chambers for the first time, I was invited by Mr Justice Pearson (later a Lord of Appeal) to be his marshal on circuit in the Midlands. (I had met him when I was at Oxford.) A marshal is a kind of aide de camp to the judge, and occupies a purely ceremonial position. I stayed in the local judges’ lodgings with him, and accompanied him in sitting on the bench, and so got my first glimpse of what my future was about. It was a fascinating few weeks. I never forgot his kindness.

I joined chambers in Leeds, and became a member of the North-Eastern Circuit, to which all those practising in Yorkshire, Durham and Northumberland belonged. It exercised a modest disciplinary function, but at its core it was a giant freemasonry for all of us who fought against each other forensically by day, and caroused together by night in regularly held Bar messes in cities up and down the Circuit. Those of us who travelled the Circuit also came to know every decent eating place on offer wherever we went. The barrister who practises in criminal courts has as his essential work of reference Archbold’s Criminal Pleading and Practice. One of the boon companions of my later days at the Bar was Peter Taylor QC, later to become no less than Lord Chief Justice. It was he who advised me that there were two essential books to be carried on our professional travels – an out-of-date Archbold, and an up-to-date Good Food Guide!

I became a pupil in Vince’s Chambers in Leeds. As protocol dictated, my father paid 100 guineas to Alter Hurwitz, head of the chambers, for me to undertake a year’s pupillage with him. My status as a pupil did not prevent me from accepting instructions to draft pleadings or from being briefed as an advocate – provided anything was offered to me. I had no independent means, which meant it was imperative that I should begin receiving work from solicitors, either in private practice or otherwise, as soon and as frequently as I could. But I was unknown to them. How was this to be achieved? The answer lay in the hands of the clerk to the chambers. There you took pot luck.

In short, the clerk was the interface between the barristers in the chambers and those who wished to instruct them. In those days, they received 10 per cent of all fees earned by ‘their’ barristers. Unless the solicitor in question asked for a particular barrister, it was left to the clerk to decide who he would favour with a case. In trivial cases, such as driving without due care and attention, the solicitor would not usually be concerned with the identity of the youngster chosen to conduct the case. They left it to the clerk. So you can readily see that for someone like me the clerk’s power of patronage was enormous. I was fortunate that in those very early days my clerk, Frank Davies, took a shine to me. I thus received a fair number of otherwise unassigned instructions.

Of course, once the door was thus opened, it was up to me to prove my mettle. Receiving further instructions from the same source, but this time with my name on them, was what mattered. And so, by this means and by word of mouth, a reputation may ever so slowly start to build.

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