Back Dead in the Water
Chapters (75)
  1. Cover
  2. Title Page
  3. Dedication
  4. Chapter1
  5. Chapter2
  6. Chapter3
  7. Chapter4
  8. Chapter5
  9. Chapter6
  10. Chapter7
  11. Chapter8
  12. Chapter9
  13. Chapter10
  14. Chapter11
  15. Chapter12
  16. Chapter13
  17. Chapter14
  18. Chapter15
  19. Chapter16
  20. Chapter17
  21. Chapter18
  22. Chapter19
  23. Chapter20
  24. Chapter21
  25. Chapter22
  26. Chapter23
  27. Chapter24
  28. Chapter25
  29. Chapter26
  30. Chapter27
  31. Chapter28
  32. Chapter29
  33. Chapter30
  34. Chapter31
  35. Chapter32
  36. Chapter33
  37. Chapter34
  38. Chapter35
  39. Chapter36
  40. Chapter37
  41. Chapter38
  42. Chapter39
  43. Chapter40
  44. Chapter41
  45. Chapter42
  46. Chapter43
  47. Chapter44
  48. Chapter45
  49. Chapter46
  50. Chapter47
  51. Chapter48
  52. Chapter49
  53. Chapter50
  54. Chapter51
  55. Chapter52
  56. Chapter53
  57. Chapter54
  58. Chapter55
  59. Chapter56
  60. Chapter57
  61. Chapter58
  62. Chapter59
  63. Chapter60
  64. Chapter61
  65. Chapter62
  66. Chapter63
  67. Epilogue
  68. Acknowledgments
  69. “We Are Very Different People”:
  70. Stone Barrington: The First Five
  71. About the Author
  72. Critical Acclaim forStuart Woods and
  73. Books by Stuart Woods
  74. Credits
  75. About the Publisher

“Well, we have a decision to make,” Stone said.

“What is that?” Hewitt asked.

“Whether to call Allison to the stand.”

“Of course we must call her,” Hewitt said.

“But why? Sir Winston has no case at all, as far as I can see. We should simply rest our case and move for an acquittal, and I think we’d get it.”

“We shall certainly move for an acquittal, as a matter of form,” Hewitt replied, “but it is unlikely in the extreme that we would get it.”

“Even when the prosecution has offered thin evidence, and that evidence has been refuted in court?”

“I can see where you might not wish to call Allison, coming from the American legal tradition, as you do.”

“She’s not required to testify, is she?”

“Not legally, no; she has a right to forgo questioning by invoking her right against self-incrimination. But unlike in America, in St. Marks the jury may consider that an indication of guilt.”

“Oh.”

“What’s more, if we didn’t call Allison, Sir Winston would reopen his case and call her himself, you see.”

“I see.”

“In any case, Allison is her own best witness, don’t you think?”

“Yes, I do think that, but it troubles me that Sir Winston has brought this case with no more evidence than he has.”

“You must understand that in our legal tradition, although the presumption of innocence is given lip service, in fact even the insinuation of guilt must be answered in order to convince a jury that the accused is innocent beyond a reasonable doubt. Even the term ‘reasonable doubt’ has a different meaning here, as you will learn when the judge charges the jury. It more or less means that if a juror, after hearing the evidence, thinks the prisoner is probably guilty, then he votes that way. Only if he seriously doubts guilt will he vote for acquittal. I know you think all this is very quaint, but that is the way the law has developed here in the years since the British left. Of course, it has been steered that way by the likes of Sir Winston, the prime minister, who was a barrister and a judge, and Lord Cornwall. The system is very much more comfortable if it is easier to find the accused guilty instead of innocent. And, of course, they have no written constitution or Supreme Court looking over their shoulders.”

“That’s just wonderful,” Stone said glumly. He began to feel a real longing for the vagaries of the American system of justice.

Their food came and they ate slowly, not talking much. The seafood stew was, indeed, good, Stone thought. “What do you suppose they’re giving Allison for lunch?” he asked.