The Winslow Boy

According to the Programme this play about military injustice was first produced in May 1946. A naval cadet convicted of theft convinces his father that he is innocent. An anxious proud parent gambles his pension and his daughter’s dowry to pursue a plea for justice. According to our family legend one Robert Hallmark who saw the play that year when first produced later admitted that it had had a profound impact on him – as a second generation lawyer who had graduated in law in 1939 and then served in the Army until demobbed after a career ending as a decorated Captain in the Intelligence Corps who after his invasion into Normandy on D – day + 6 and advancing to liberate Europe was finally involved in war crimes investigations relating to the horrendous apartheid and abuses of prisoners at Belsen. His lifetime as a lawyer retained a close involvement in providing access to justice for his clients and his attitude inspired two sons and a grandson who have followed in his professional steps. This play can generate vows of commitment to young lawyers to the refrain from the text of ‘let right be done’. Here is a powerful story of a costly campaign to correct a miscarriage of justice within the embarrassing glare of publicity and resentment. The play has famously achieved theatrical success and been regularly presented over the last 60 years. The gravamen of the play emphasises the power of self regulating institutions exempted from external assessment to abuse their power and leave its victims without access to justice. The theme propounds the classic conundrum of ‘who polices the police?’ The arrogance of authority in the exercise of their duties and acting with indifference to objective review of their performance when contrary to prevailing standards is aggravated and compounded when combined with a refusal to recant from their unsustainable conduct. History reveals many examples of show trials and ‘kangaroo’ courts by evil despots some with royal rank or even religious righteousness. But few systems are so self assured as the military in the confidence of their decision making and executive command structure. The Nazis were exemplars of military oppression but they were not the originators of condoning abuses of power. The military court command structure ensures an enclosed programme. British Courts Martial records demonstrate the extensive failures of their systems and yet a refusal by the line managers to reverse or refuse results by their subordinates. The synergy between senior and junior officers requires a balance of order and obedience as well as support and service which demands a duet of marching in step together. What happened to the ‘Bloody Sunday ‘Inquiry into unlawful military acts officially ignored for so many years? Also for example the records of the trials of the five soldiers of the Worcestershire Regiment who were executed after notional legal proceedings on the same dawn in July 1915 illustrate the process of superficial enquiry with a prejudicial approach endorsed by higher rank after higher rank until the final signature confirms the first signature without any evidence of impartial review. Rights of the soldiers were abandoned in obeisance to the cult of obedience. This exclusive and superiority driven attitude maintained its self-righteous and pious position of propriety until the European Court ruled the obvious that the system was so incestuous that justice could not be seen to be done. The Winslow Boy shows how the abuses of powers of some 40 years earlier remained unchanged in style and substance until some 40 years later. The story is based on the real fate of 14 year old George Archer Shee in his case of 1908 who was represented by his advocate Edward Carson who became popular in Ulster Protestant politics. This schoolboy went on after school and his acquittal to work in banking in New York before returning to join up in the South Staffordshire Regiment with the nephew of Carson at the start of World War 1 only for both to be killed young in the First Battle of Ypres in the first weeks of conflict. The memorials to the slain in Ypres mention very few senior officer ranks. Yet his puerile problem of false accusation and wrongful conviction resonates over 100 years later just as the performance of his family and their hired lawyers remains one of respect and admiration and inspiration for every audience entranced by the re-enactment of their trial and tribulations – and one with which every family would be frantically afraid to have to emulate. The key phrase is translated from the Latin ‘Fiat Justitia’ – let justice be done – which exhortation is embossed on may Courts particularly in the USA. This precept from Roman Law has an ancient pedigree of some 2,000 years but is too often ignored by administrators drunk with the intoxicating elixir of power of judgment over others as if absolute dictators. An Executive in control of the Legislature can control the Judiciary and instead of separation of the principal sectors of the State there becomes a conspiracy of co-operation between the organs of government which requires dissent and demonstration and demands for older traditions of transparency and objective assessment. The severe suspicion of abuse of power by the Executive in Government over the Legislature in Parliament endorsed by the Judiciary over the resolution for war with Iraq is a reminder that the modern UK can adopt the same totalitarian unity of less mature states for whose conduct we would readily express distain. Now as legal aid funds are minimised and restricted the victims lose the resources for restitution of the rights unless friends and family can muster monies to hire the legal warriors to wage combat on their behalf. This play has the unfair message of the financial cost of access to justice afflicts the victim as much as the personal cost of the injustice and its grief. This production travelling the nation has received applause throughout its journey and the first night at Malvern was a rousing endorsement of their skills of presenting the script of Terence Rattigan – himself a child who had struggled to impress his powerful father. This play with its carefully crafted text is presented within the context of the sounds of Jerusalem whereby the Producer inserts the emotion of the anthem of the English through the words of William Blake and the reference to ‘England’s green and pleasant land.’ This music and words so often played at events of the English establishment was written by an author who was treated as an outsider and who commentated on the evils of his age and the abuse of power in the civic institutions. The popularity of this poem set to stirring music is enigmatic when considered within its author’s intellectual context. The historian and author the late EP Thompson of Wick Episcopi near Worcester wrote about Blake and the Moral Law in his book ‘Witness Against The Beast’ with the State as the Beast. The choice of this poem with its passionate nationalistic patriotic music is a clever irony by the Producer illustrating the comfort of the confidence of righteousness in kindred company. Yet even more subtle is the subliminal message that this crowd pleasing jingoism is the symbol of instinctive proud prejudicial superiority that the play seeks to reveal and rebuke. Comments about politicians roused a contemporary chuckle from the audience as they recognised the reference to the wilful blindness to ethical behaviour in the current crop of parliamentarians who acting as judge and jury in their own cause were unwilling to accept outside audit of their expenses under the legislation they passed for everybody else. The Cast seemed to have developed a calm cohesion centred round the dominant brooding presence of Timothy West who from his chair in the off centre controlled the characters that passed through his sitting room using his wobbly infirmity and stick in contrast to his resolve. Adrian Lukis complements as his ally in the story but competes as his adversary for the leading role of the play with a double bluff acting on acting in the play and therefore triple bluff by the talented actor whose career credits are lengthening. The supporting crew without exception contributed credibly to the credibility of the script and with theatrical use of pauses and intonations and movements enhanced the pace of the play. The women of the play are holding the men of the play in place and add another impact of the sub-plot of the script of the dependence of the male on the female. The sad message of the failed relationship between the young subaltern and the daughter of the family indicates the inevitable preference of those in service uniform for the continuation of their culture even against their passion for an outsider – when the military calls for solidarity all other sounds are silenced and any others must be relegated to second place. The external ethic of justice can be contrary or inconvenient and thus incompatible with the expedience and the ethic of the internal military code - although since the Battle of Worcester in 1651 they should be completely intertwined and united without a war on its own peoples. This remains a play which deserved to be seen and to be relished. Perhaps another young lawyer will be inspired so that during their career they too will try and bring some access to justice for a few clients of modest means who are lost lonely victims of the failed system. The playwright was not a lawyer but in converting a real case into drama had such a complete understanding of the explanation for the miscarriage of justice that he reveals to his audience that despite the emotion of the circumstances the technical reasons for allowing the eventual acquittal on appeal was the unreliable forensic evidence of an alleged expert in handwriting. This factual disclosure also serves to remind the legal system that the checks and balances appropriate to the scales of justice require witnesses not only to be telling the truth in their subjective assessment but also to be telling the truth in an objective assessment. The testing of evidence is the essence of trial management yet it lacks the drama of pleading submissions. In real cases as on stage the drama is often more compelling that the deeds and the crucial facts can be sidelined in the manner of the ‘not letting the truth spoil a good story.’ Apologists would plead that it was not the system which failed rather that it was a witness who failed the system. But those myopic advocates for their own cause omit to question why could such a witness so integral to the system be resolved to commit perjury and whose perfidy was allowed to infect the process. The system failed and its operatives in the legal administration must be the ones who cannot escape the ultimate responsibility for failure. Lawyers must assume responsibility for the legal system and its defects and cannot avoid that duty; for if not their duty then who else should be responsible for the legal system? The People’s Court officially known as the Supreme Court of Parliament is the court of last resort as Winslow reminded us and so we must insist on the highest ethical standards in Parliament. dated 30 June 2009

David Hallmark, Malvern

The Winslow Boy Malvern Festival Theatre 30th June 2009 Rattigan’s Triumph! Excellent performances from the whole cast, tight direction, splendid costumes and an impressive set made this production, of an old favourite, a complete triumph. Timothy West led the cast with a sincere, dignified and warm characterisation of Arthur Winslow whose son was expelled from Osborne, the training college for the Royal Navy. Ronnie, the son, played by Hugh Wild, projected a simple innocence that won the heart, especially in the scene with his father where he had to explain his early homecoming. His elder brother Dickie , played by Thomas Howes, was an idle undergraduate with a passion for the latest fashion in dance music and remarkably nimble feet! He was also affectionate towards his young brother, helping to create the close family relationship that was a feature of Terence Rattigan’s 1946 play. Diane Fletcher, as the boy’s mother, gave a thoughtful, dignified and loving performance and also revealed the agony she faced in supporting her husband’s fight to win justice for his son while facing the domestic, family and personal costs of doing so. Claire Cox as Ronnie’s older sister gave a very sympathetic performance as a modern young woman supportive of the struggle to challenge the autocratic ways of the Home Office whether it involved her brother’s case or women’s suffrage. She also impressed as her brother’s partner in the latest dance-steps! Adrian Lukis, as Sir Robert Morton, the eminent QC who agreed to defend Ronnie, had the star part, and rose to the challenge admirably. By turns arrogant and charming he engineered the victory of the ordinary ( upper middle class) person against faceless bureaucracy, but at enormous cost to the family; Dickie had to leave Oxford and join his father’s Bank in Reading, Catherine lost her fiancée, while Sir Robert suffered as he was offered, and declined, the Woolsack. Even the employment of the family’s cook/parlour maid was threatened! And Ronnie? He was thrilled that the trial had ended early, giving him an afternoon off school and the chance to go to “the pictures”; the insouciant way Hugh Wild twirled his boater in his hand showed an infectious boyishness that was entirely appropriate. Thus Rattigan lightly pointed the question raised earlier by Ronnie’s mother as she accused her husband of risking the family’s welfare over an issue of which Ronnie himself seemed unaware, and even oblivious. Costume design was elegant but not ostentatious: restrained and dignified for Grace Winslow, younger and more business-like for Catherine, her daughter, and adding a touch of undergraduate raffishness ( Oxford bags, open neck shirt and a sleeveless pullover) for older brother Dickie. Sir Robert was allowed a slightly theatrical effect with his top coat and scarf, while Timothy West as the father was clothed as the epitome of every retired bank manager in 1913. Simon Higlett’s set, the family drawing room, was dressed with fabric and furniture of the period and had the double doors, fanlight and mouldings appropriate for a gentleman’s residence in Kensington. The piece de resistance was our view of the roof of the veranda leading to the garden during the opening rainstorm: to our fascination, the rain poured down the glass panes. Feel-good theatre? Yes of course, but Rattigan was a master stage craftsman and with production values like this the play comes off every time! I’m looking forward to The Browning Version in September! 570 words

David Farrell, Hereford