Text b Legal Anecdotes

1 Read the anecdote below and decide which is the best title for it.

a It pays to do your homework

b Honesty is the best policy

c Crime doesn’t pay

A prominent Canberra barrister, Ian Byrne, appeared for an Italian who was seeking worker’s compensation for an injury which he claimed he received at work.

It was alleged on his behalf that he had difficulty in moving, bending and even walking. He could not lift any heavy article, nor could he indulge in his hobbies of gardening and tennis. So severe was the injury that he was practically housebound.

Prior to the trial the respondent insurance company engaged a loss assessor to follow the applicant Italian, photograph him when he was unaware, and report with a view to giving evidence at the trial.

Eventually the application came on for hearing. Ian Byrne put his client (whom I shall call Bruno) in the witness box. He told his story of pain and suffering. He showed that he had severe limitation of movement and could not bend or carry weights because of his unfortunate injury.

At the end of his examination Ian Byrne’s opponent, a somewhat inexperienced Counsel, sprang to his feet, enthusiasm gleaming in his eyes, and said ‘Your Worship, I have here nearly 350 metres of film which shows this man Bruno bricklaying, lifting weights, concreting, vaulting a fence, working on his own house and even running. I would ask leave of Your Worship to run the film before I begin to cross-examine the applicant.’

The film was then run. It showed the applicant running, making a brick wall, carrying wheelbarrow loads of bricks, picking up slabs of concrete, climbing up and down ladders, digging in the garden and running behind a lawnmower. Further, it depicted the applicant’s home and his small truck with his name clearly marked on the door, and also showed him wearing a red cardigan which he was wearing in the witness box. At the finish of the screening the enthusiastic Counsel for the insurance company commenced his cross-examination.

‘You saw that film?’

‘Yes,’ said Bruno.

‘There is nothing wrong with your back at all, is there?’

‘Yes,’ said Bruno. ‘Everything that I said before is true. That was not me

in the picture. That was my brother.’

‘But,’ exploded Counsel. ‘That was your house, wasn’t it?’

‘Yeah,’ said Bruno.

‘And the same cardigan you’ve got on today is the one shown in the

film?’

‘Yeah,’ said Bruno, ‘I lent it to my brother. He is very good to me. He

helps me round the house, he paints, he cements the paths, he mows the lawns.’

‘But,’ said learned Counsel, ‘His Worship has seen the film and he knows

it is you.’

‘It is not me. It’s my brother.’

In due course Ian Byrne called the brother, and when he walked into

Court it was obvious to all that he was the identical twin of the applicant; and after a few questions it was obvious that he was the one in the film doing all the physical acts.

The angry Counsel for the defendant had the applicant recalled and said to

him, ‘You have tried to deceive the Court. You and your brother knew he was being photographed.’

‘Yes,’ said the applicant ‘we thought it was funny.’

(From The Oxford Book Of Legal Anecdotes)

2 Work with a partner and answer these questions.

a Why was Bruno in court? b Why was he photographed? c What didn’t the lawyer who was representing the insurance company

know? d How do you think he felt when Bruno’s brother walked into the courtroom?

3 The anecdote contains a lot of formal vocabulary. Look back at the text and find more formal words or phrases with these meanings.

a well- known	f in addition
b asking for	g showed
c before	h started
d employed	i later
e very bad	j to trick

Over to you

Using the information and facts from the Unit discuss the following.

• Greater public understanding of the crime problem is important for the apprehension and conviction of criminals, their rehabilitation, and the prevention of crime.

• Awareness by the criminal of a high probability of arrest is the most effective deterrent to crime.

• The emotional problems of convicts should be given special consideration.

• Crime stems from the breakdown of traditional social norms.

• Family and social control are the most effective means of crime prevention.

• In recent years public has demanded longer and hasher sentences for offenders.