Helen Easterbrook defends during ‘first’ for the Courts Martial System

With more than a slight nod to the ‘can you fry an egg?’ advert

Can you answer questions?

Can you answer questions over a video link?

Can you answer questions over a video link from a ship at sea?

How about from a warship, at sea, in an operational theatre?

If you were a couple of prosecution witnesses a few weeks ago, then the answer to all of those questions would have been “yes” as, for the first time, the Courts Martial took evidence from witnesses not just at sea, but at sea on a ship on very active duty.

What are the challenges though that this brings for us as advocates? The occasional difficulty of problematic video links are nothing new, nor are the logistical issues caused by working across time zones. Interruptions from tanoys announcing “flying stations” followed shortly after by the very loud arrival of the ship’s helicopter were maybe a little odder than the usual interruptions but still easy enough to work around. Thankfully, during this trial at least, we did not need to contend with either witness having to break the link to deal with an attack on the ship – a very real consideration when deciding timetables and if to oppose a link.

No, what made the greatest difference was the clear mindset from both witnesses that they were at their place of work and dialling into a court rather than a feeling that they were in court themselves. Where this was most noticeable was in the language they used. For those uninitiated, although each of the Services has its own jargon, ‘jackspeak’ as used by the Royal Navy is almost a language of its own. Given both witnesses reverted to this immediately it posed a challenge not just to the Army officer who was prosecuting the case, but also to the non-navy members of a board as they struggled to understand some of the nuance of what was being said.

The counter to this though was that the link allowed us to see the rawest, most honest version of both witnesses as they clearly felt “at home” the other end of the link. Gone were the usual nerves of even the most stalwart of SNCOs, instead replaced with the humour and straight talking that matelots are known for worldwide.

Where the Service Justice System manages to take evidence from or via in the years to come remains to be seen, but they are clearly willing to push the technological and logistical boundaries… it is just that you might need a universal translator or babel fish if you find yourself cross-examining any sailors!

Helen Easterbrook successfully defended a Petty Officer accused of assaulting a fellow serviceman while ashore overseas.

Helen Easterbrook was called to the bar in 2011. She is ranked as ‘Leading Junior’ in The Legal 500 2024. Helen is routinely instructed in cases involving serious violence, substantial frauds and sensitive sexual assaults including rape.

To instruct Helen, contact her clerks, Steve McCarthy, Ryan Bartlett or David Cox on 020 7404 1881.