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20 MAY, 2002
‘MEMBERS OF THE jury, the defendant has answered an indicted with murder The particulars of the offence are that on or before the seventeenth day of July 2001, he ed with murder The particulars of the offence are that on or before the thirtieth of July 2001, he ed with murder The particulars of the offence are that on the fourth of August 2001 he h
‘To each count he has pleaded "Not guilty", and it is your duty, having heard the evidence, to say, in respect of each count, whether he is guilty or not
‘Would the defendant please stand?’
Alan Frederick Keyes, thirty-two, a self-e dark trousers and a blue open-necked shirt – stood
23 MAY, 2002
‘Would the next witness please take the stand?’
A se felt hat She looked frail, walked slowly, as if in so about the court, skin the colour of an old candle
‘Will you please state your nae of the witness box, eyes still fearful, catching her breath
‘When you’re ready’
Silence She looked down in panic at the clerk
‘Are you feeling unwell?’
His Honour Judge Malcolm Palmer, notoriously kind to witnesses, relatives, court attendants, women and babies Notoriously harsh to prosecution or defence not on top of their game, cocky police officers, unprepared expert witnesses and members of the press
But she pulled herself up Shook her head, looking anxiously at the judge, who gave her his best encouraging smile Satisfied that she was ready to attest, he nodded at the clerk
‘Will you please state your name?’
‘Gwendolyn Violet Phipps Mrs’
‘You must speak up a little so that the jury can hear you Would you ain?’
‘I’ht Just once again, please’
Pause She cleared her throat Spoke up loudly ‘My name is Gwendolyn Violet Phipps Mrs’
‘Thank you, Mrs Phipps, that was perfect’
Mr Anthony Elrod, for the Prosecution: ‘Mrs Phipps, would you tell the court please where you were on the night of 17 July last year – 2001?’
‘Well, I was at home’
‘And your home is?’
‘Nualows I was in bed, only thenI heard soot up’
‘Can you explain to the court where exactly your bungalow, nualohich Mrs Carrie Gage lived?’
‘Opposite Right opposite, across the grass’
‘So you have an unobstructed view of number 20?’
‘Oh yes Very clear I could see Carrie – Mrs Gage – when she was aliveI could see her going in and out or if she was at her frontand she could see ht of 17 July, you say you were awakened by a noise?’
‘No, I didn’t say that No I said I heard soI didn’t say it was a noise, or that I was asleep’
‘Well, whatever it hat did you do?’
‘I got up I kneouldn’t do any good just lying there I got up to ht on straight away?’
‘No, I went to my bedroomand looked out’
‘Why was that? Wouldn’t the first thing anyone would do would be to switch –’
Mr Jere to his feet: ‘Your Honour –’
Judge Palmer: ‘Yes Mr Elrod, this is very ele to ascertain what the witness and only the witness would do, she cannot knohat "anyone" else would have done’
‘I beg your pardon, Your Honour Mrs Phipps, why didn’t you put a light on immediately?’
‘I one to look out firstif there had been someone out there, I always think it’s safer to see and not be seen, if you follow If I’d switched on a light whoever it was could have seen me and then what?’
‘So you were disturbed by a personsome sort of noise?’
‘I must have been Well, obviously, after I saw him, I realised that, didn’t I?’
‘"After I saw him"? Who or as it you did see, Mrs Phipps?’
‘The man’
‘One man?’
‘Yes, one Only one’
‘Will you describe the man for us please?’
‘Well, it was the man I saw in that line of them, the one I pointed to’
‘That would be in the identification parade at the police station?’
Judge Palmer: ‘A step too far ahead, Mr Elrod’
‘Yes, Your Honour Mrs Phipps, just let’s go back to the night on which you say you saw a man outside nuht? Was there a ht, that came on They come on when anyone moves, only sometimes it’s a nuisance, a stray cat or those bloooes on’
‘Did you see a cat or a fox?’
‘No’
‘But you saw a man’
‘Yes, I definitely did’
‘Did you recognise him?’
‘Well, I said before, it was the one I –’
‘We’ll conise hiht and saw him? Was it someone you knew?’
‘I don’t think I knew him No, I didn’t’
‘Are you quite sure?’
‘I think I am, yes Only it was dark of course’
‘Except for the security light that caure of a man?’
‘Yes’
‘Thank you So now let us move on to the afternoon of 14 October when you attended Crofton Central Police Station You were shown photographs of a nuraphs It was quite confusing actually’
‘Did you recognise any of thealow?’
‘Not really They were photographs of faces close up and I didn’t see hirass from your o Let us now move on to 4 Noveain, and this tiht , not just their faces Now did you recognise any of theht fronised hinised the defendant?’
‘Yes’
‘You’re quite sure about that?’