Sherwood Mr Kersley, in a hospital as large as St George’s, thousands of drugs are dispensed every week. How could I be expected to account for every one of them the following day, let alone a year later?
Kersley Let alone a year later. So why don’t we turn to something you should be able to account for - even a year later - namely your actions on the night your wife died. Did you pour the glass of wine found by her side?
Sherwood Yes, I did, but that was before I left the flat.
Kersley So it must have been you who added the sedative that DCI Payne described as three times the normal dosage?
Sherwood No it was not. My wife was in the habit of taking sedatives, so it could have been a mistake.
Kersley Or part of your plan, like leaving the kitchen window open.
Sherwood Why should I do that?
Kersley So that you could return to your flat without being seen by the porter.
Sherwood How often do you have to be told? I didn’t return to the flat. I was visiting a patient.
Kersley In that case, why did you forget to take your doctor’s bag?
Sherwood I didn’t forget it.
Kersley But Mr Webster testified that he saw you leaving the building without it.
Sherwood Only moments ago you dismissed Mr Webster as unfit to witness my wife’s signature.
Kersley So are you now saying that you did have your doctor’s bag with you when you left Arcadia Mansions?
Sherwood You don’t need a doctor’s bag if all you have to do is sign a death certificate.
Kersley And you certainly wouldn’t have needed a doctor’s bag if you were visiting your mistress in Tooting, unless, of course, it was full of condoms.
Barrington (leaps up) My Lord …
Judge Yes, yes, Sir James. Mr Kersley, do try to remember that you are at the Old Bailey and not back in the House of Commons.
Kersley I do apologise, My Lord. So, wherever you were, Mr Sherwood - visiting a patient in Westminster without your doctor’s bag, or making love to your mistress in Tooting…
Sherwood I don’t have a mistress - in Tooting or anywhere else for that matter.
Kersley But Ms Mitchell told the court that after you made love, you left her at ten o’clock - without your doctor’s bag - and returned an hour later in a nervous state.
Sherwood I wasn’t in a nervous state.
Kersley Because you thought you’d got away with it.
Sherwood Because I wasn’t with her in the first place.
Kersley Then where were you at 10.27?
Sherwood I was in Westminster signing a death certificate and that certificate is in the court’s possession.
Kersley Indeed it is, but isn’t it common practice to fill in a death certificate the following day?
Sherwood Not in my department, it isn’t.
Kersley Then if it wasn’t you who returned to your flat, how do you explain your wife’s words - ‘How did you get in?’
Sherwood (pause) She could have been addressing Mr Webster.