Courtroom Confusion
by John Kiley

Scene: Interior of courtroom.
Characters:
Witness
Prosecuting Counsel
Judge
Accused Man in Dock (non-speaking)
Counsel
Please state your name.
Witness
Tommy Thompson Thomas.
Counsel
Is Tommy short for Thomas?
Witness
No.
Counsel
So Tommy is your actual first name?
Witness
No.
Counsel
What is your actual first name?
Witness
Thomson
Counsel
The same as your second name?
Witness
No – they’re different. One of them has a p. (Giggles)
Counsel
You mean one of the two Thomsons is spelt with a “p”?
Witness
Yes.
Counsel
Which one?
Witness
I don’t know.
(Counsel scribbles notes)
Counsel
What is your occupation?
Witness
I’m a professional idiot.
Counsel
Meaning?
Witness
I make money out of being an idiot.
Counsel
You make people laugh and they pay you money?
Witness
No .
Counsel
What then?
Witness
I behave like an idiot and people pay me to go away.
(Counsel looks at his notes)
Counsel
We’re here to try a case of aggravated bank robbery. The man in the dock is the
accused. Have you seen him before?
Witness
No.
Counsel
(After a pause)
The bank officer he stole the cash from was traumatised by the incident and
cannot recall any details. You were the only other person in the bank to witness
the event. The case rests on your testimony. Do you understand that?
Witness
No.
Counsel
You saw the robbery and nobody else did. Please just carefully answer my
questions?
Witness
What questions?
Counsel
When you were in the bank last August did you see anything unusual?
Witness
No.
Counsel
But (pause) the police interview
records show that you saw a man acting threateningly, wearing a balaclava and
carrying a sawn-off shotgun. Is that not unusual?
Witness
Not for a bank robber.
Counsel
Tell me what you saw the man do.
Witness
He stood at the counter for a long time and I was next in line so I got
impatient and looked over his shoulder to see what the hold-up was. And I saw
the hold-up was a hold-up.
Counsel
Did you see how much money he stole?
Witness
I didn’t see him steal any.
Counsel
But you told the police there were several bundles of $20 notes on the counter
and the next moment they weren’t there.
Witness
Did I say that?
Counsel
Yes. So how many bundles were stolen?
Witness
I didn’t see any stolen money. Once it was stolen it was gorn. Gorn, When things
get stolen, they’re GORN!!
Counsel But how much money was on the counter?
Witness
(Getting frustrated)
I didn’t count the money on the counter cos it wasn’t stolen. After that I
couldn’t count it cos it was GORN!
(Judge intervenes)
Judge
Mr Thomas, you must understand how important this is. Without your evidence this
man can’t be convicted. A serious crime has been committed and he is the prime
suspect. We need you to swear under oath that you saw him take a large amount of
money from the counter and leave the bank with it in a bag. Did you actually see
him take the money from the counter and put it in a bag?
Witness
No.
Judge
Did you see the bank officer put the money back in the drawer?
Witness
No.
Judge
Did you see the man leave?
Witness
Yes
Judge
Was he carrying a bag?
Witness
Yes.
Judge
What did you do after he left?
Witness
I followed him out the door.
Judge
What did you see then? How did the man get away?
(No answer).
Judge
Did he get away on foot?
Witness
No
Judge
In a car?
Witness
No.
Judge
On a bus?
Witness
No.
Judge
On a bike?
Witness
Motor bike ? Or pedalling bike?
Judge
Either.
Witness
No.
Judge
Then how did he get away?
Witness
He didn’t get away.
(Short silence).
Judge
You mean you apprehended him?
Witness
I don’t apprehend anything. I’m an idiot.
Judge
What happened between you?
Witness
There was nobody between us.
Judge
Did you talk to him?
Witness
He talked to me first.
Judge
What did he say?
Witness
He said I could have half the money if I kept my mouth shut.
Judge
What did you say?
Witness
I said I wanted three-quarters.
Judge
What did he say?
Witness
Nothing. He ran away.
(Another short silence)
Judge
We suspect the man in the dock is the man you talked to. Look very closely and
consider whether he is the same height, same build.
Witness
Same height, same build, different disguise.
Judge
So it could be the same man?
Witness
No.
Judge
No? It must surely be at least a possibility. You didn’t see his face in the
bank.
Witness
I saw his face outside the bank. He took off his balaclava when he was
offering me the money. I couldn’t hear him while he was wearing it.
Judge
So all along you’ve known the man here in court is not the man you saw in the
bank and talked to outside the bank with his disguise removed?
Witness
(starting to giggle) Yes.
Judge
Why did you not tell the court this earlier?
Witness
Because I’m an idiot. (Explodes
into laughter)
Judge
(wearily)
Case dismissed