GUILTY UK - Helen Bailey, 51, Royston, 11 April 2016 #4

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  • #401
By the way just to paint a picture of what going to this court case is like. Not sure if anybody is familiar with St Albans. The weather has been consistently bleak and grey, and the walk from the station to the court is about ten minutes and mundane, you are *not* walking through the old part of town; you go past an Iceland, a few crappy cafés, and then government admin offices like the CPS, Valuation Office Agency, and then the court is opposite a small car park. Every day there is a news camera trying to catch footage of parties walking into the court, which feels quite non-consensual, but that's the only noticeable camera around. The Court building itself, like its surroundings, appears to have been built in the 1970s or 80s. It is unusually empty, but it is just like an office building and has none of the grandeur, scale or ambience of something like the Old Bailey.

There are no windows or sources of natural light in the courtroom, where in all there are never more than around forty people. There are 12 members of the jury; four counsel; two court staff; one judge; one security guard in with Ian; then about five members of the public including myself, five family/friends, four journalists and sometimes a couple of police officers involved in the case. All seats in the room are on the same level, apart from the judge and the witness, and it seems smaller than I had imagined. The public "gallery" is actually just four rows of seats directly opposite the jury and adjacent to the QCs who are immediately in front of us. Most of the time only two or three rows are in use, depending on how many witnesses are waiting. The public and the family are all sat together; the family tend to sit in the back row and the public in the row in front of them. I'm not sure why, that's just how it seems to pan out in this trial. John Bailey is never itching to sit in front. I'm surprised at how few members of the public actually show up, given how high profile this case is.

Judge Andrew Bright has a very genteel, alert and friendly manner, kind and explanatory to everybody; the jury, witnesses, and on the rare occasion that he has to address IS, to him too. The relationship between prosecution and defence is perfectly reasonable, there's a sense that they are all just doing a job. There is no sense of "competition" between them, defence is not jumping up saying "objection!" all the time or anything like that. The prosecution counsel aren't tenacious or aggressive in their questioning, but I suppose they're just laying out the Crown's case as strong as it has been made by the police and the CPS already. The defence counsel Simon Russell Flint is the one I would say who has "flair" but he's only really getting up at the end of prosecution questioning, to clarify a couple of points, and usually just sits down again.

It is a very bleak undertaking, I think for John Bailey and Fraser Dyer to be going every single day for what I presume is a six week trial. I honestly find St Albans depressing - the trip to/from the train station to the court, and then passing the time over the lunch break, in this bleak weather and this town which HB had nothing to do with, must really compound whatever grief they feel from the horror of her death, although I've been amazed at how they always put on a brave face and manage to have a chuckle with friends and family during the breaks.
 
  • #402
Thanks for that Lit Up, it's so interesting. The court building always looks depressing on reports. I imaged the scenario inside to be much more dramatic and theatrical than is clearly is.

How does going as a member of the public work? Are there security checks? Can you only get in at the start of a session or is it open access?
 
  • #403
Lit Up, thank you for that very evocative account. I recently spent two days attending a fraud case sentencing of ten people in Nottingham and it was similar but there were ten defence counsel (one each) and there were more 'public' than you describe for this case. That is probably because a very large number of people had been directly affected, and they wanted to see the crooks get their comeuppance. If I lived nearer I would certainly go next week. I do hope you and others living a bit nearer have the stamina to attend some more of this as you really add to our understanding of what's going on.
 
  • #404
Hoping that prosecution comes up with a real trump card!

I think the discovery of the bodies of Helen and Boris was the real trump card. Who else could have buried them on their and IS's home premises?
 
  • #405
How utterly depressing for the family, and of course any members of the public. Thank you Lit Up for all your posts and for putting us in the picture. I am shocked how few turn out, I really am.
 
  • #406
Thanks for that Lit Up, it's so interesting. The court building always looks depressing on reports. I imaged the scenario inside to be much more dramatic and theatrical than is clearly is.

How does going as a member of the public work? Are there security checks? Can you only get in at the start of a session or is it open access?

Don't get me wrong, in the five or so days I've been, there has been drama; particularly when they were describing the body recovery process. I've particularly found evidence interesting when it comes from witnesses who do not usually appear in court; that is, friends/family of HB, the men who drain the cesspits, the cleaner, etc. But none of the drama has been contrived by the prosecution or defence, and "theatrical" or melodrama is not really a term I would use to describe proceedings. There have also been mundane details e.g. when they're talking about alarm systems, and reading out statements from people who aren't testifying in person and only met Ian in passing e.g. nurses/doctors. I have not found the average police officer to be an interesting witness.

Court usually starts at 10am if there are no problems with the jury. There are three breaks; mid morning, lunch, mid afternoon, if the court sits a full day. You can only go in at the start, or after one of the many breaks, although when I showed up, I went in after a witness, but the guard at the door did not seem so impressed. There are security checks at the entrance when you enter the court building. Nothing too intrusive, just sticking your metal items in a tray and walking through the machine type thing.
 
  • #407
I've just had a look back at Helen's mum's evidence.

She didn't actually say Helen was falling asleep while IS was in hospital. She said Helen was complaining she was feeling constantly tired.

Benzo withdrawal symptoms are wide ranging, and include fatigue. https://en.wikipedia.org/wiki/Benzodiazepine_withdrawal_syndrome

So I'm not convinced that Helen was self-administering the drug.

I think if she was, she would have had consistent daily episodes of drug-induced day-time sleeping, and the evidence suggests it was far more sporadic. Also the increasing drug quantities found in the hair segment closest to her scalp (March) suggests whatever she was taking would have had to increase, which isn't likely with a daily supplement, and would have required frequent and measured tampering to increase the contents.

Another withdrawal effect is headaches. So with it being hard to disguise the bitter taste of zopiclone in food and drink, I'm almost certain he was tampering with paracetamol capsules, and being present to gradually increase the dosage in the capsules and giving them to her. There would be less paracetamol in the capsule but presumably her headaches would improve with the drug countering the withdrawal symptom of the headache.
 
  • #408
As he liked making things I wonder if he visited paint shops and picked up bleach (chlorox) and acetone - which I learn from the net can be easily obtained in such. Then with the aid of an online tutorial made up his own chloroform. I have never tried it ! - but it would have been a means to knock HB out cold before suffocating.
Let's hope Dolly doesn't get any ideas about trying this one out after the pills experiment!
 
  • #409
By the way just to paint a picture of what going to this court case is like. Not sure if anybody is familiar with St Albans. The weather has been consistently bleak and grey, and the walk from the station to the court is about ten minutes and mundane, you are *not* walking through the old part of town; you go past an Iceland, a few crappy cafés, and then government admin offices like the CPS, Valuation Office Agency, and then the court is opposite a small car park. Every day there is a news camera trying to catch footage of parties walking into the court, which feels quite non-consensual, but that's the only noticeable camera around. The Court building itself, like its surroundings, appears to have been built in the 1970s or 80s. It is unusually empty, but it is just like an office building and has none of the grandeur, scale or ambience of something like the Old Bailey.


Describes every modern court UK court building I've been in. Some towns still use an old magistrates court that has a bit of Victorian character but most county/crown court buildings are like this now.

There are no windows or sources of natural light in the courtroom,

There never are! Jurors are entitled to anonymity. I think this is the reason.

where in all there are never more than around forty people. There are 12 members of the jury; four counsel; two court staff; one judge; one security guard in with Ian; then about five members of the public including myself, five family/friends, four journalists and sometimes a couple of police officers involved in the case. All seats in the room are on the same level, apart from the judge and the witness, and it seems smaller than I had imagined. The public "gallery" is actually just four rows of seats directly opposite the jury and adjacent to the QCs who are immediately in front of us. Most of the time only two or three rows are in use, depending on how many witnesses are waiting. The public and the family are all sat together; the family tend to sit in the back row and the public in the row in front of them. I'm not sure why, that's just how it seems to pan out in this trial. John Bailey is never itching to sit in front. I'm surprised at how few members of the public actually show up, given how high profile this case is.

Judge Andrew Bright has a very genteel, alert and friendly manner, kind and explanatory to everybody; the jury, witnesses, and on the rare occasion that he has to address IS, to him too. The relationship between prosecution and defence is perfectly reasonable, there's a sense that they are all just doing a job. There is no sense of "competition" between them, defence is not jumping up saying "objection!" all the time or anything like that.


That never happens in British court cases. I've no idea if they actually do that in the US either, but it's certainly something we Brits would only ever see in US court drama TV/Film scenes.

The prosecution counsel aren't tenacious or aggressive in their questioning, but I suppose they're just laying out the Crown's case as strong as it has been made by the police and the CPS already. The defence counsel Simon Russell Flint is the one I would say who has "flair" but he's only really getting up at the end of prosecution questioning, to clarify a couple of points, and usually just sits down again.

This give me some cause for thought. I have seen many trials where the prosecution or the defence counsel were like a dog at a bone. Although, to be fair, the Queen's Counsels are usually a tad more droll and laid back. However it does make me wonder about the evidence. From what we've heard so far (bearing in mind reporting is somewhat limited) it doesn't sound like either side are particularly concerned about the outcome of the case. Perhaps they think it's open and shut too?

It is a very bleak undertaking, I think for John Bailey and Fraser Dyer to be going every single day for what I presume is a six week trial. I honestly find St Albans depressing - the trip to/from the train station to the court, and then passing the time over the lunch break, in this bleak weather and this town which HB had nothing to do with, must really compound whatever grief they feel from the horror of her death, although I've been amazed at how they always put on a brave face and manage to have a chuckle with friends and family during the breaks.

Not related to Lit's comment but others, I'm thinking about the various witnesses and their attempts to make eye contact etc with IS or not. Witnesses are briefed before appearing that they mustn't make any contact or attemopt to communicate with the defendant. The sons are young and it's probably their first court appearances I'd imagine. They are used to having "adults" tell them how to behave and what to do. They perhaps followed this instruction to the absolute T. Both before, during and after giving evidence. The financial adviser, older chap, possible given evidence before, might have better understood that after completing his evidence and being discharged from the witness stand, he was no longer obliged to avoid contact.
 
  • #410
I understand that there is no court tomorrow because the defence counsel is doing a case at southwark crown court; then the prosecution case will conclude on Friday, and then the defence case beings next week, with Ian taking the stand on Monday apparently.

Just in case people missed this.

No court today.
 
  • #411
It is interesting wrt to the defence counsel. I read an article recently by a barrister talking about how people always say it must be hard to defend a party you believe to be guilty, and he said that actually it's much more stressful defending someone you believe to be innocent as their future is hinged on you doing your job well enough. I should think that IS's defence is in for a challenge trying to pick enough of a hole in the prosecution's case for Nick and Joe to wiggle in through.

I had a dream last night that IS was innocent and actually it was my milkman who had done the dastardly deed. He's not called Nick or Joe though so I doubt it was prophetic.
 
  • #412
....... I honestly find St Albans depressing - the trip to/from the train station to the court, and then passing the time over the lunch break, in this bleak weather and this town which HB had nothing to do with, must really compound whatever grief they feel from the horror of her death, although I've been amazed at how they always put on a brave face and manage to have a chuckle with friends and family during the breaks.


Thanks Lit Up for that very detailed description of the court scene. It helps us all here to visualise the event so much clearer than the basic dry facts given by court reporters.


Something completely OT - Things in St Albans might improve. I believe that the Australian hardware chain Bunnings has opened its first UK store in St Albans this week. For many Australians, well men in particular, a stop at Bunnings at the weekend is a favourite activity. Hope the British enjoy it as much as Australians.
 
  • #413
going to drop all of yesterday's evidence in a couple of posts now so that it's all on one page, for easier cross-ref for users.
 
  • #414
It is interesting wrt to the defence counsel. I read an article recently by a barrister talking about how people always say it must be hard to defend a party you believe to be guilty, and he said that actually it's much more stressful defending someone you believe to be innocent as their future is hinged on you doing your job well enough. I should think that IS's defence is in for a challenge trying to pick enough of a hole in the prosecution's case for Nick and Joe to wiggle in through.

I had a dream last night that IS was innocent and actually it was my milkman who had done the dastardly deed. He's not called Nick or Joe though so I doubt it was prophetic.

I used to date a barrister and he claimed never to "believe" in his clients' guilt or innocence, the presumption is innocence and it's for a jury to decide, not him. I could never get my head around it personally, but I think he could only do his job in defence under this moral position.

People might not know this about UK law, but if a defendant is pleading not guilty, and at any point tells his defence team "actually I did it", his team either has to make him change his plea to guilt or they ALL have to stand down and new defence team appointed. They can't defend a not guilty plea that they know to be false.
 
  • #415
I would love to get to court one day, I'm an easy day trip away but sadly I have three small Squamlets to work around so I doubt it will happen. I also have a hacking cough so I don't think I'd be a very popular addition to the court.
 
  • #416
Today's first witness: Christopher Priest (IS friend)

Christopher Priest has known Ian Stewart for 20 years. He knew his previous wife Diane.“I live in the same village. Knew Ian had attended a bereavement club.”
Mr Priest says their children would play together. He first met Helen when she was out walking with Boris and the boys.“We would see them occasionally. We would bump into them and see them round the area. They seemed to be outwardly very happy together. Always going out together and seemed very happy.

When I saw Ian after Helen went missing he said they were going to get married. He had not said that before. It was when I went round on the weekend after Helen went missing.”
“When I went round to see Ian he said he had no idea where she was.
“She didn’t have a phone or a coat. She had left a note which he couldn’t find. He thought he might have thrown it away. He checked everywhere he thought she might be. I was with Ian for a couple of hours. We had a cup of tea. I was there to support him. (this was Monday, April 18 - following disappearance) He mentioned her car was still there. But Helen would quite often leave her car and take the train. She didn’t like driving.”
“It was puzzling. The only places she would have gone were the house in the north and the cottage in Broadstairs.
“I think he mentioned Helen’s brother had checked the Broadstairs cottage. He said the note said she wanted to be on her own. He had no idea where she was. He said he had just come back from hospital. He was exhausted and very tired. He had come back from hospital that week. He said he had put the note down somewhere and couldn’t find it.”
“I did see her a couple of weeks before she went missing. She was waiting with Ian for a dental appointment. She was fine. She was her normal bubbly self. She was worried about Ian and suspected he might have cancer. She spoke about the boys. She was her normal happy self.”

Mr Priest: “The last time I saw Ian prior to that was in Tesco. It was a month or so before that. We just bumped into them when they were out shopping. Ian played bowls for a local Bassingbourn club.
Stuart Trimmer, prosecuting: “Is it in Ian’s nature to do her any harm?”
Mr Priest: “No”.“I had gone round to help him do various DIY jobs. I helped panel the staircase and other various jobs. On the occasion, he phoned me to say police were going to interview him and he’d rather there was someone else there.”“They wanted him to be videoed. He didn’t want to do it. He said the whole house had been searched and he was tired. He felt terrible and had had an operation. There was no way he was going to do it.”

Mr Trimmer, prosecuting: “Did Mr Priest know about John Sinfield’s business?”
Mr Priest: “No - I know there were some contractual issues to be dealt with. That was from a brief conversation about three years ago.”
Mr Priest says Stewart never spoke to him about financial issues.
Mr Trimmer: “Ever mentioned Joe or Nick?”
Mr Priest: “No”.
Mr Trimmer: “Ever say Helen Bailey had been taken by two men?
Mr Priest: “No”.
Mr Trimmer: “Ever speak about them assaulting him or being tasked to find Helen Bailey’s phone?”.
Mr Priest: “No”.

Simon Russell Flint, defending: “After April 11 you were told they were planning to get married? It was a secret - other people needed to be told?”
Mr Priest: “It was a secret.”
Mr Russell Flint: “Myasthenia gravis and other issues. You knew Mr Stewart had collapsed before and was unable to work. The house itself had not had much done to it?”
Mr Priest: “It was a lovely house but it needed some work done to it. Helen liked decorating.”
Mr Priest says Stewart has a private pension from his employer.
He said he had never seen Stewart argue with Helen.
“It was a big intensive search and Ian was worried about things being broken. He had just had enough of it. She had originally inherited the business. I just thought there were contractual problems she needed to sort out.”
http://www.cambridge-news.co.uk/news/cambridge-news/helen-bailey-murder-trial-jury-12538102

extra tweets:
Chloe Keedy ‏@ChloeKeedyITV 12m12 minutes ago https://twitter.com/chloekeedyitv?lang=en
Mr Priest tells court Stewart and Helen Bailey seemed v happy together - would go to theatre, out for dinner, have a great time together
Court hears CP said Stewart physically weak - that physical exertion caused him to black out, had seen him 'turn white + take himself off'
Court told Mr Priest gave statement to police on July 12 - in it said Stewart mild mannered, never saw him argue with wife Diane or Helen
CP says he saw Helen with Boris 2 weeks before she disappeared. She was 'normal bubbly self' tho worried about Ian, waiting for results
Mr Priest tells jury Stewart told him on Apr 18 he had no idea where she was - no car, no coat with her, he didn't know where her phone was
Mr Priest tells court Stewart didn't tell him about planned marriage to Helen until after she went missing when he visited Stewart on Apr 18


#helenbailey Christopher Priest tells court he'd never known IS be aggressive or argue with HB. Believed he was physically weak
 
  • #417
I recall the 'reasonable doubt' principle/circumstantial evidence explained by a barrister like this:

If you have cast iron proof someone committed a crime, eg witness evidence, dna, that's like a single, unbreakable thick steel cable: but if the evidence instead comprises of many slim threads of circumstantial evidence, all woven together, it can amount to a cable that's every bit as strong. Apologies, I haven't quoted it very well from memory, but I thought it was quite a clever analogy!

IMHO you could not have said this better, DollyDiamond!
One of these threads is that Helen complained of being tired and falling asleep, making clear that she did not know the cause and wasn't self-medicating the Zopiclone.
IMHO the prosecution has a strategy that is at least partly based on exclusion: they may perhaps not be able to prove certain things, but they can prove that other things did not happen: the self-medication of Zopiclone, who would know about the pit, and a lot of unusual behaviour vs ususal behaviour. Plus that no one knew about the mythical Nick and Joe nor about financial disputes other than those mentioned (and Nick and Joe were not involved).

It is up to the defense to disentangle these strands. IMHO they will put discreet emphasis on IS' physical condition, but we have already dealt with that one here on WS and so will the prosecution ;)
 
  • #418
I've just had a look back at Helen's mum's evidence.

She didn't actually say Helen was falling asleep while IS was in hospital. She said Helen was complaining she was feeling constantly tired.

Benzo withdrawal symptoms are wide ranging, and include fatigue. https://en.wikipedia.org/wiki/Benzodiazepine_withdrawal_syndrome

So I'm not convinced that Helen was self-administering the drug.

I think if she was, she would have had consistent daily episodes of drug-induced day-time sleeping, and the evidence suggests it was far more sporadic. Also the increasing drug quantities found in the hair segment closest to her scalp (March) suggests whatever she was taking would have had to increase, which isn't likely with a daily supplement, and would have required frequent and measured tampering to increase the contents.

Another withdrawal effect is headaches. So with it being hard to disguise the bitter taste of zopiclone in food and drink, I'm almost certain he was tampering with paracetamol capsules, and being present to gradually increase the dosage in the capsules and giving them to her. There would be less paracetamol in the capsule but presumably her headaches would improve with the drug countering the withdrawal symptom of the headache.

I agree. I'm certain it was paracetamol too. I rarely get headaches but I seem to manage to go through a packet every month even if it's just for a mild hangover or stomach cramps or whatever..... We've been told Helen likes her red wine too


Sent from my iPhone using Tapatalk
 
  • #419
Next witness: Detective Constable Lee Stewart.

The court hears about the workings of the house’s alarm system.The tags are given to the owner of the alarm. The only way to tell who is using which fob is to look for a pattern of activity to see whose use is consistent. Alarm was in constant use.*

DC Stewart: “From memory, April 11 [the alarm] had no real usage during the day. Only some in the morning and again in early evening. It didn’t correspond with people leaving the house. Other days it’s going on and off.”
Mr Trimmer, prosecuting: “Next activation in the evening. No other record. It’s unclear what time if any Helen Bailey left the house?”
DC Stewart: “No record at all. They could have gone out without setting the alarm.”
Mr Trimmer: “Behaviour allowed you to associate each fob with each member of family. Fob 7 seemed to be Ian Stewart’s.”

Mr Russell Flint, defending: “Jamie Stewart says he was first up and deactivated the alarm. You can associate tag 7 with Mr Stewart?”
DC Stewart: “Based on the information I had to compare, that was the best association yes.”
Mr Russell Flint, defending: “We know Mr Stewart had been to Cambridge to watch a bowls match and had got a Chinese meal. On the 11th, having been activated in the morning, it’s not activated again until the evening. It’s not used at all. When it’s left empty, the alarm is activated?”
DC Stewart: “Yes”.

Judge: “You mention it could be activated with a pin code. Could there have been an alternative activation?” DC Stewart: “It would all have been logged.”

http://www.cambridge-news.co.uk/news/cambridge-news/helen-bailey-murder-trial-jury-12538102

extra tweets & news sources:

[video=twitter;826765206017687552]https://twitter.com/ChloeKeedyITV/status/826765206017687552That[/video] morning, April 11 2016, the alarm was said to have been disarmed shortly after 8am, when the defendant’s son, Jamie, went to work.
#helenbailey Court hears little use of alarm system on day Helen went missing. If anyone left house before 5pm alarm not set

It was only reactivated in the evening, around the time Stewart left to watch a game of bowls, with a key fob which appeared to be his, the court heard.
Simon Russell Flint, defending, asked the detective: “The pattern you found was that whenever somebody goes out it was activated - whenever the house is left empty?”
DC Stewart said: “That is the indication.”
“You wouldn’t activate it, set the alarm if you were going out but leaving someone inside the house?” Mr Russell Flint asked.
The witness responded: “There is no indication of that at all.”
http://www.chroniclelive.co.uk/news/north-east-news/no-indication-author-helen-bailey-12541267
 
  • #420
Next Witness: Healthcare assistant Caroline Falletta.

The court hears that on Monday, April 18 she was working at Bassingbourn Surgery covering a routine redressing of wounds.
At 9.41am Ian Stewart arrived for 9.45am appointment.
Ms Falletta: “I introduced myself. He sat down on the couch. He seemed upset. I said don’t worry I haven’t started yet in a jokey way. He said my partner went missing on Friday.
“I wasn’t sure at that point whether his partner was male or female. I didn’t really engage with him. It was quite a small wound. It was covered with a dressing.” “It was quite a dry wound and it had nearly healed. I was with him 15 minutes at the most.”
Ms Faillettaz: “When he said the Friday, I thought it wasn’t very long to be worried.”
Mr Russell Flint, defending: “Could you have got the dates wrong?”
Ms Faillettaz: “If that’s what’s in my statement, I don’t see why i would have said that.
Court hears Stewart told Ms Failletaz 'my partner went missing on Friday'. Says she can't be 100% but is fairly sure he said Friday

http://www.cambridge-news.co.uk/news/cambridge-news/helen-bailey-murder-trial-jury-12538102
 
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