![]() |
| Source: BBC |
Older readers may recall the now-infamous trial of Ernest Saunders and associates. They were accused of fraudulently manipulating the share price of Guinness plc during the 1986 takeover battle for Distillers Company plc. Saunders and co were found guilty but he later appealed on the grounds of having Alzheimer's disease and was left off the remaining part of his prison sentence. However, as Wikipedia and other sources baldly state "he subsequently recovered".
The thing is, the recovery rate from Alzheimer's is zero. You don't recover from it. The best you can hope for is to control the onset.
The "Saunders Defence" has become a byword for falsely pleading insanity to evade or mitigate criminal responsibility. But of course, once one selects this option, one must go through with it. You cannot, as a high-profile individual, say "Yes, I may have chucked that brick through the jewellers and scarpered with a fistful of diamond rings, but let me off, Your Worship, I'm a raving loony" and continue as Bishop of Slough, whether found guilty or not.
Forget the Saunders. We now have a much more elegant way to commit certain crimes and get away with it. And what a wonderful example we have. Nigel Farage MP was recorded in a conversation about breaking UK electoral law by receiving money from persons not eligible to vote here. He cannot deny the evidence. Is he bang to rights? Of course not. Our Nigel has the perfect Get Out of Jail Free card. He wasn't listening. He didn't hear a word. He may have nodded here and there, smiled appropriately, maybe even fist-bumped or made other exulting gestures, but his brain processed not a jot of potential skullduggery. There is no case to answer.
If only this had been known before....
Scene: Tower of London, November 7th 1605
Sir Robert Cecil, Earl of Salisbury: "Guido or Guy Fawkes, you were present at a meeting with Robert Catesby, Thomas Winter and other conspirators in a tavern earlier this year. Did you conspire to use gunpowder to blow up the Houses of Parliament when his majesty the King would be present?"
Guy Fawkes: "Yeah, I might have been, I went to a lot of pubs. Can't always remember who was where, you know, have a few drinks, memory gets a bit hazy, know what I mean?"
Cecil: We know this meeting took place. We know the names of the damned rebels and their advisors, the Jesuits acting directly on the orders of the anti-Christ, the so-called Pope of Rome.
Fawkes: If you say so, guv. Didn't really notice.
Cecil: Treason was discussed, the wickedest kind of violence against the sacred person of our King, and you fail to recall it? You ask me to believe that?
Fawkes: Well, I wasn't really listening, was I? You see, I had a lot on my mind, there's this bird down Pudding Lane and her and me, well, I was all right for that night, if you get my drift, Your Worship.
Cecil: Damnable treason, mortal sins are being talked out but you did not hear it? I..I suppose it is possible. Yes, that must be the case. But you were found skulking under the Parliament House with a lighted match amidst thirty eight barrels of gunpowder. Is this not treason?
Fawkes: Oh that. Yes, you see the thing is, this gent Thomas Percy, he asked me to check everything was all right, just tidy up a bit and that. I didn't really hear what he was saying because I had this groat bet on the bear in the baiting at Southwark tomorrow, and I thought, if I won, I might get my bird something from the fish market, bit of eel, few cockles, lovely stuff, eh your Exaltedness?
Cecil: I see. Your pleading is unanswerable. You are clearly guilty of no crime. Very well, you are free to go. to himself I don't think the king is going to like this.




