Thursday 1 February 2018

A DAY IN COURT: THE SUICIDAL DEFENDANT (Part 1)


Today's performance was riveting!!! Yours truly was seated in court contemplating my fate since the court staff, whether through negligence or contrivance had misplaced my file.

The registrar announced a particular case and from hearing the name of the case alone, I knew there was no lawyer involved in that matter: the defendants had been listed as Mr and Mrs xyz. (Any lawyer will tell you for free that Mr and Mrs is not a person known to law and the suit is defective ab initio).

The Plaintiff immediately walked forward upon the suit being announced; he was his own counsel, hence the ill-advised 'Mr & Mrs'. One of the Defendants, the "Mrs" in the equation, had to be called in from outside the court. She straggled in, dragging a grubby looking child of about two years old by the hand. She also had a toddler strapped onto her back with the aid of an even grubbier wrapper. As she walked, she dragged her feet with every step, drawing every gaze as she went. Her dark skin told tales of mismanagement and poor hygiene and her shaggy hair was a testament to poverty of the dirty variety.

As she headed for the front of the courtroom, she paused to seat her two-year old on an empty seat before striding to stand before the court.

Her entire manner was quarrelsome and reeked of a preparedness to engage in conflict. The Court asked her a few questions and she responded sulkily each time. Finally the Court demanded to know why her husband was not in court since he was a co-defendant and that was when the real drama started.

"He cannot come," she tossed at the Judge.

He waited a beat for an explanation. When none was forthcoming, he inquired calmly, "Why can't he come to court? Is he bedridden?"

"My husband is a very busy man. He doesn't have time to come here."

In the silence that followed, you could have heard an ant sneeze. The bailiff who had been half-asleep in his seat behind the judge sat up straighter; the registrar who had been doodling idly on a writing pad in front of him ceased the motion; several lawyers stopped whispering to each other and turned collectively to gape at this wonder woman.

The Judge's eyebrows snapped together in a deep frown as he glared down at her from the bench. "What did you say?"

The woman continued with dangerous nonchalance, "My husband doesn't have time to come here. He's a very busy man."

The Judge let his silence express his displeasure with that response and her manner. Then he stated calmly, "I'll adjourn this case and if your husband is not here by the next date, I'll issue a bench warrant to compel his presence. Madam, that means if he's not here on the next date, he would be arrested and brought here by force. This is a court of law. You cannot disobey the court."

The woman hit the roof, "You're a very wicked man! Just wicked! I knew from the moment I came here that the plaintiff paid you. So you want to lock me and my husband abi? Who do you think you are?"

"Madam respect yourself! You're in court," the Judge warned testily.

"And so?" She snapped, practically foaming at the mouth.

Brethren, at this point I think my jaw must have dropped to the very floor. Never, in all my years of practice as a lawyer have I witnessed such a clear case of contempt of court. The Judge was beside himself. Desperate hushed whispers erupted all over the court as well-meaning lawyers urgently tried to get her to head off the angry judge with an apology.

One elderly gentleman of the Bar even leapt to his feet in a desperate bid to do damage control but as he opened his mouth, the Defendant cut him off, "Why must you see my husband? By the way did we say we will not pay the landlord? You can't do anything to me! Who do you think you are?"

"Respect yourself or I would hold you in contempt and get you locked up," the Court ordered.

"Madam, keep quiet," someone began.

"Leave me let me tell this man something! You people cannot do anything to me. If you like, lock me. I'm not afraid of you!"

Her voice was so loud at this point, it shook the very rafters. Different court staff from different offices and even litigants in other courts dashed in to see what the howling was all about. Everyone wanted in on the drama. I looked around; every single mouth was open as we gawked at her as though she had just exited a space ship. Even the Judge looked flummoxed. Then his rage erupted to rival hers.

"Madam you're in contempt of court!!! Take her away and lock her up!" The Judge thundered from his bench.
The police man picked his jaw off the floor and immediately snapped to attention, his belly shooting out as he gamely tried to look smart. He grabbed the woman by the elbow and began to haul her towards the door with her two-year old clinging to her skirts.

To be continued...

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