Hull Daily Mail

‘This is not trial by barrister, it is trial by jury. It does not matter what I think, you have to put their case forward’

BARRISTER GIVES AN INSIGHT INTO WHAT IT IS LIKE TO BE A DEFENCE BARRISTER

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This can put barristers in the public’s firing line. There are those out there who will voice their disgust that someone has defended people who have committed the most heinous of crimes.

But, as Mr Genney says, someone has to step up and take it on. of which side you are on.

“I do an awful lot of sexual offences cases these days,” says Mr Genney.

“There is a lot more people coming through with complaints. Not always genuine. Not everybody who says they have been sexually assaulted is telling the truth.

“You have got to be balanced and look through the evidence.

“Particular­ly in the case of sex as it is such a private matter. It is just two people and often there are no witnesses and they are very difficult.”

Most recently, victims of sexual crimes, including those alleging rape, have been asked to hand over their phones as evidence to the police, or risk the investigat­ion or prosecutio­n going no further.

This has caused controvers­y, with victim support organisati­ons saying that it may prevent victims speaking out.

However, evidence from a complainan­t’s mobile phone can prove vital in such cases.

Mr Genney says: “They are looking all the time to evidence and supporting evidence that comes from an independen­t source, which is why it has caused a bit of a row saying complainan­ts have to give up their mobile phones.

“There is so much evidence on mobiles. People use them constantly these days.

“There have been very important cases that once you look at the phone there is an entirely different picture.

“You have got to balance privacy with justice. It is not easy, and privacy is important, but in my view people should surrender their mobiles because there is so much on there.” Like a boxing match, the prosecutio­n and defence will go up against one another and exchange blows during the trial. Back and forth, they will present the evidence to the jury, hoping to sway them to their side of the story.

Understand­ably, this can be quite a competitiv­e environmen­t.

“It is a fight,” said Mr Genney. “It is a contest. The jury are in the middle, they are the referee. You challenge each others versions of events.

“It gets competitiv­e. In the heat of the moment sometimes it is easy to get carried away.

“In the beginning your heart and soul is in it, it is bound to happen.

“You try and keep a level head. You have to think on your feet. Occasional­ly, it does get heated.”

After putting their case forward, next comes the “terrifying” and crucial finale of the trial, when the jury will decide whether they find a defendant guilty or not guilty.

“It is always the worst part when the jury file in with a verdict,” says Mr Genney. “It is always tense and terrifying to a point.

“The defendant can be looking at 15 to 20 years in prison or could be walking across the road and ordering a pint. You can never know with juries.”

Many of us will have never set foot into a courtroom and witness a trial.

But the drama and intensity of it is often portrayed on the screen so we have a dramatised idea of how it works.

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