Found Deceased UK - Sarah Everard, 33, London - Clapham Common area, 3 March 2021 *Arrests* #13

[imstilla.grandma]

original post Dbm.

Thanks to all posting updates.

 

[Alyce]

Bringing this post back over as it is such a good explanation

He will of been offered a “ duty solicitor “ at the police station at the initial arrest. He may of taken LE up on that offer or he may have used his own personal solicitor of choice if he knew one.
That solicitor then instructs a barrister through speaking to the senior clerk in the barristers chambers the QC is a member of ( I was a Snr barristers clerk in a very big set for 20 yrs so I know the drill ) they hold all the diaries for their members of chambers ( QCs and junior barristers ) this is VERY high profile so the defendant will have a QC and Junior representing him in court if it gets to trial and a guilty plea is not entered in July.

This will undoubtedly be Legal Aid possibly with a contribution depending on earnings. The prosecuting QC will have the same ( junior as well ) His clerk will have spoken to the solicitor at length as to the right choice of counsel. You would be very surprised at how not all barristers and QCs are suitable or even that good scarily .... some I wouldn’t trust to take my dog for a walk !
Cab rank rules apply so in THEORY if a barrister has a case in court on the same day as another trial that may be higher profile or better paid he cannot take it. It happens though that the original case goes to someone else in chambers and the barrister is now miraculously “ free “ to do the case very often but it is frowned upon.
The QC and juniors diary is then blocked off, Brief fees as it is termed agreed if privately paid ie, a fee for the first day in court so a big lump sum and what’s known as “ refreshers “ for each subsequent day in court thereafter. Legal aid fees worked out differently.
Now trial date in the diary the QC and juniors get the defence case ready for court in October.

 

[Seattle1]

If that’s what the court said that is what will be accurate. The timings of his shifts actually make a lot of sense. If you assume no one else is involved then most people need some kind of explanation with a partner and family of where they are going/are.

Usual caveats that no one has been convicted but if you were preplanning something like this perhaps the obvious is to act and say things that don’t raise suspicion. Like say you are working a night shift the following day too.

Go home, sleep during the day, nothing unusual, head off to London in the evening on the pretence of a 9 PM to 7 AM shift (I believe they are 10 hours) Means your wife and anyone else isn’t going to be wondering where you are going or expecting you back until after 9 AM the following day.

Timings would fit as well if heading up to London to start a 9 PM night shift

Reportedly, WC worked a 12-hour shift 7 PM - 7 AM.

 

[Lisa@ashford]

Human remains found in biggin hill in Kent
Police investigate as 'human remains' discovered in woodland

 

[imstilla.grandma]

Bones were discovered in a wooded area the back of a property in Biggin Hill, near Bromley, last Thursday (March 11), said the Met Police.

An investigation has been launched by the South Area Command Unit of the force.

A spokesman for Scotland Yard said: "Police were called at 11:01hrs on Thursday, 11 March, to reports of bones found in a wooded area at the rear of a property in Main Road, Biggin Hill.

"Forensic specialists attended the scene. It is believed the bones are human.

"Early indications are that the bones may have been present for a number of years."
Police investigate as 'human remains' discovered in woodland

 

[Stella123]

Although I recall LE said remains had been found and that it was likely to take some time to identify who they belonged to. Which makes it less likely to have been simply a poor choice of words. It’s not clear, I agree, but the way it was phrased suggests the body was unidentifiable and wouldn’t be straight forward/quick to identify. Also bearing in mind the extensive searches that continue, it suggests to me that it wasn’t as simple as finding an intact body, sadly. JMO

Wording is here as per Dame Cressida's TV announcement on and on the timelime started by Tortoise:

"This evening detectives and search teams investigating Sarah’s disappearance have found, very sadly, what appears to be human remains. The discovery was made in an area of woodland in Ashford in Kent. As you can imagine at this early stage we are not able to confirm any identity and indeed that may take us some considerable time."

Link to ITV News channel

UK - Sarah Everard, 33, London, Clapham, 3rd Mar 2021 - TIMELINE *NO DISCUSSION*

 

[infinit]

In response to Alethea’s post -


Is this something you sign up to participate in? I have friends who work in big London law firms and I can’t imagine they just get a call that they have to go defend some rapist just because they work on white collar crime cases. Or is that how it works?

This is for criminal law, most people working in London law firms are not trial lawyers.

 

[TheEditor]

Wording is here as per Dame Cressida's TV announcement on and on the timelime started by Tortoise:

"This evening detectives and search teams investigating Sarah’s disappearance have found, very sadly, what appears to be human remains. The discovery was made in an area of woodland in Ashford in Kent. As you can imagine at this early stage we are not able to confirm any identity and indeed that may take us some considerable time."

Link to ITV News channel

UK - Sarah Everard, 33, London, Clapham, 3rd Mar 2021 - TIMELINE *NO DISCUSSION*

You would not say "what appears to be human remains" unless you can't even tell it's the shape of a body. Even if I saw a skeleton I could immediately know it was human remains.

 

[Parker Knoll]

I just read that the Firm believed to be representing WC has a novel approach under "Direct Access" where one barrister gets involved early instead of both a solicitor and a barrister, there's a consequent and significant cost saving for the client. However, I don't know if they offer this for criminal cases.

Direct Access - 2 Bedford Row - Criminal Barristers Chambers

Direct access wasn’t allowed in my day - it was strictly through the solicitor then the clerk. It’s pretty common now to offer that in chambers ( or sets as they are also known )

 

[TheEditor]

Human remains found in biggin hill in Kent
Police investigate as 'human remains' discovered in woodland

Interesting. WC used to work in Bromley.

 

[juniper6]

Bones were discovered in a wooded area the back of a property in Biggin Hill, near Bromley, last Thursday (March 11), said the Met Police.

An investigation has been launched by the South Area Command Unit of the force.

A spokesman for Scotland Yard said: "Police were called at 11:01hrs on Thursday, 11 March, to reports of bones found in a wooded area at the rear of a property in Main Road, Biggin Hill.

"Forensic specialists attended the scene. It is believed the bones are human.

"Early indications are that the bones may have been present for a number of years."
Police investigate as 'human remains' discovered in woodland

This is my neck of the woods.

 

[KensingtonandChelsea]

I’m a barrister, albeit not a QC. QCs always do murders, us younger lot aren’t entrusted with them.

 

[Parker Knoll]

In response to Alethea’s post -


Is this something you sign up to participate in? I have friends who work in big London law firms and I can’t imagine they just get a call that they have to go defend some rapist just because they work on white collar crime cases. Or is that how it works?





There is a good post by ParkerKnoll on this.
The QC/chambers are requested/selected by the defence solicitor. The chambers is contacted and maybe QC asked for by name as the defence solicitor knows their expertise and how appropriate they are based on the accused’s defence (caution - we don’t know what this is yet - and that it entitled to be believed as much as the salacious speculation the MSM/we here on WS have participated in).

On this basis, the barrister cannot refuse unless they are already committed to another case or suspect they wouldn’t get paid. My understanding is that they cannot refuse to take the case just because they don’t like the look of the defendant. (They could however refuse if they feel they do not have the sufficient expertise - so no, white collar crime lawyers are unlikely to get called upon in a high profile murder case).

Justice would otherwise not get served if essentially barristers were opining on assumed guilt if the defendant is maintaining innocence. Unless there are any UK legal experts out there who can correct me?

no they cannot technically “ refuse “ because they may be appalled at the alleged crime but the clerk would suggest they perhaps were not the right barrister for the job or sadly “ already busy “ I have known that to happen often. Also many cases I dealt with in the past the Barrister would be personally revolted by the defendant but it is their job. Justice has to be done and everyone has the right to representation however horrific the crime. Justice also needs to be “ seen “ to be done. I cannot imagine any top silk ( QC ) turning this case down frightful as that might sound.

 

[imstilla.grandma]

This is my neck of the woods.

Do I remember correctly the alleged defendant used to work in that area?


Mr Couzens joined the force in September 2018 and was initially based in the Bromley area, the Met said.

In February last year he moved to the Parliamentary and Diplomatic Protection Command where his primary role was uniformed patrols, mainly at a range of embassies in the capital.
Sarah Everard: Met PC Wayne Couzens charged with murder

 

[Parker Knoll]

I’m a barrister, albeit not a QC. QCs always do murders, us younger lot aren’t entrusted with them.

Stick with it .... you will get there !

 

[KensingtonandChelsea]

I’m not sure how barristers are allocated, but perhaps he offered his services given how high profile it is, good publicity for him even if found guilty.

We can’t offer our services. Solicitors contact us and instruct us on behalf of our lay clients and if our schedules and ethical considerations allow, we must accept. We can’t pick and choose who we represent.

 

[Seattle1]

no they cannot technically “ refuse “ because they may be appalled at the alleged crime but the clerk would suggest they perhaps were not the right barrister for the job or sadly “ already busy “ I have known that to happen often. Also many cases I dealt with in the past the Barrister would be personally revolted by the defendant but it is their job. Justice has to be done and everyone has the right to representation however horrific the crime. Justice also needs to be “ seen “ to be done. I cannot imagine any top silk ( QC ) turning this case down frightful as that might sound.

Thanks, @Parker Knoll for your great, legal insight. Agree -- can't imagine any top silk turning this down!

 

[IainD]

Just a thought, if the accused has possibly hired cars on a frequent basis - would they all have trackers ? would the paperwork still remain / be backed up somewhere ?
Potentially this investigation has a long way to go yet, I just hope there is sufficient time. MOO, JMOO.

Not sure if this has been answered yet, but if WC has hired cars before then if it was from one of the bigger hire car companies then it should still be on the system.
I had to hire a car last summer from Arnold Clark and they were able to see records that I had hired from them 4 years ago, even though it was in a different area of the UK..

 

[Stella123]

From today https://twitter.com/beccabarry/status/1371771429805563912?s=21

Court heard that on 3rd March Wayne Couzens had finished his shift earlier that day - in the morning before Sarah Everard went missing.

This tweet is removed. Was it mainstream media?

 

[Blanche]

Direct access wasn’t allowed in my day - it was strictly through the solicitor then the clerk. It’s pretty common now to offer that in chambers ( or sets as they are also known )

I just read that the Firm believed to be representing WC has a novel approach under "Direct Access" where one barrister gets involved early instead of both a solicitor and a barrister, there's a consequent and significant cost saving for the client. However, I don't know if they offer this for criminal cases.

Direct Access - 2 Bedford Row - Criminal Barristers Chambers

I would not have thought this case was at all appropriate for a direct access barrister, also they don't offer it for criminal cases if the defendant is eligible for legal aid and at the hearing they said he had put in application for legal aid so i think it's very unlikely indeed he has a barrister on direct access.