Monthly Archives: March 2018

Charter for Justice- for a Fair Justice System

Charter for Justice- for a Fair Justice System- guest blog by Raj Chada

Just 5 months ago, we welcomed the “Lammy Review” into inequality of outcome for black and ethnic minority defendants, but questioned whether it could change the landscape. .
We know that nothing has changed, but that the whole criminal justice is close to collapse.

Justice on the cheap means no real justice for any community – but it will always, and indeed has, affect most those that are discriminated against , those with limited means , those with no voice at all.
That is who we must consider in a Charter for Justice.
David Lammy was comissioned to prepare a report (an ‘independent review into the treatment of, and outcomes for, Black, Asian and Minority Ethnic individuals in the Criminal Justice System “ in response to the over -representation of BAME individuals in the criminal justice system.
You are 17.5 times more likely to be stopped and searched if you are black
45% of those in youth custody are from an ethnic minority – a higher percentage than the US.
I borrow from the LCCSA response to Lammy – If you are a defendant in the Crown Court (and certainly should you reach the Court of Appeal) you can expect white Judges, mostly men and often still an all-white court room. Imagine roles are reversed. Imagine if you are white appearing in an all-black courtroom where you believe you have been harshly treated. Later you might read of higher sentences for white people, or that white deaths in custody never result in any prosecution. That white youth are disproportionately stopped and searched. You may imagine a lack of equality in the criminal Justice processes.
Think of that role reversal when you ponder why Lammy said that there was a trust deficit ; and then ask ourselves how that is not top of the agenda for Justice Secretary, every minute of every day of every week of every year that he or she is in office.
Think of that when you consider that the real trend is abolish any pretence of establishing a system with balance and checks, professionals exercising judgement from experience and training. With legal aid fixed cases cut to the bone, and a pressure to plead guilty, there is insufficient time to develop relationships with clients ; to consider, review, analyse the papers, and to properly advise clients. The MoJ response to Lammy pointing out the lack of trust for BAME is not to re consider how fixed fees operate ; not to look at the absurd rates of pay in police stations, to demand at how the professions train and recognise the needs of the communities that they serve….
but to welcome the development of an app that can be used to explain people rights in custody.
The MoJ rejects the idea of accountabilty for the judiciary by feedback from users – lawyers, defendant or victims as if it will mean those that are aggrieved by decisions will use it as a complaint mechanism.
The MoJ offers nothing new about how to increase diversity of judiciary, – of the senior judiciary 81% went to Oxbridge, 76% went to fee paying schools and half went to boarding schools.
Enough already.
We need concrete action ; not the luke-warm response to the genuinely innovative idea of deferred prosecution for youth offending that will allow youngster not to have a criminal convictions on an agreement of behaviour in future. Good enough for a multi national company caught defrauding millions of pounds – not good enough for the balck defendant in Brent that was caught shoplifting for £50.
Of course I know that the solution to this is wider the CJS It requires us to help individuals through support and intervention, to hold individuals to account through community mechanisms and to develop that individual so that he has sense that he or she belongs and has a stake.
The solution as to why so many BAME youths do not feel they have that stake is political not legal: An active well-funded state that exists to help all its citizens, not just one section would benefit everyone, not just BAME communities. It is why we must make common cause across civic society with Trade unions and others…
We must start with CJS. This is not just about pay for us – it is about our participation in a public service, with our own roles to play and that the same system of justice should exist no matter what the social status, race or means of the victim, no matter what the social status, race of the defendant.

If we don’t have that now, we should be prepared to fight to achieve it.

That is why striving to achieve a fair Justice system must be part of the #Charter4Justice that we must all fight for.

Raj Chada, (Partner, HJA,). 26 March 2018

The above is the text of a speech given by Raj at the launch of the Charter for Justice, 26 March 2018 (edited by Greg Foxsmith)

Notes

See also blog “Lammy- we must not be silent”

Charter for Justice -prison and probation reform

On a humane and effective prison and probation service

Guest Blog by Dr Laura Janes, (Legal Director of the Howard League)

This is the text of a speech that Dr Laura Janes gave at the launch of the Charter for Justice on 25th March 2018

The Howard League for Penal Reform was founded in Charles Dickens’ Britain in 1866 – over 150 years ago.

How fitting then, if utterly depressing, that we are now dealing with a prison system that retains Dickensian features.

Dickens describes the children in the jail that backed onto the Old Bailey as “hopeless creatures of neglect”, children without a childhood.

Every day, at the Howard League, we provide legal support to children and young adults in prison through our free advice line.

There are fewer children and young adults in prison today than there were 10 years ago – one piece of good news.

But that is where the good news ends.

• 45 per cent of children in prison are from black and minority ethnic backgrounds– even though this group accounts for just 18 per cent of the general population.

• One third of all children in prison can expect to spend time in isolation, sometimes for prolonged periods, such as AB, who I represent – a 15 year old child who spent over 23 hours a day locked in his room for 55 days, solid. The High Court ruled that was unlawful but fell short of inhuman and degrading treatment – a point we are appealing to the Court of Appeal.

• The recent snow inexcusably led to many children being locked up in solitary confinement for days on end – due to staff shortages. We heard of one child who was allowed out of his cell once in a two week period for a visit with his foster mother. He reported that on the way to the hall, he reached out to touch the snow but was sharply told not to by the guard.

• Violence and harm is rife. In the five years leading up to 2016 the Youth Justice Board says that

o The use of force increased by 36%

o Assaults increased by 95%

o Self harm increased by a staggering 120%

• Exposure to, let alone experience of these things, would give rise to a child protection referral in the community

• It is not surprising then that Chief Inspector said last year that no prison he inspected was safe for children and young people

• Since legal aid cuts for prisoners in 2013, calls to our specialist legal advice line have increased by 62 per cent.

Sadly, the reduction in numbers for children and young adults have not been mirrored among the adult population.

At any one time we have over 80,000 men, women and children in prison. The prison population has more than doubled since the mid-1990s. We lock up more people than any other nation in Western Europe.

No public service in England and Wales has deteriorated more dramatically and more profoundly in recent years than our prison system.

Someone takes their own life in prison once every five days. Over 2000 people have taken their own lives in prison since 1990.

Three in four men’s prisons are holding more people than they are designed to accommodate.

Wandsworth prison, for example, is designed to hold no more than 943 men. But it currently holds 1,564 men.

On top of that, our prisons are reeling from poor upkeep, after Chris Grayling handed the £200 million pound maintenance contract to Carillion in 2014.

This situation is inhumane for the prisoners and unmanageable for those charged with their care. Staff numbers have been reduced since 2012 by up to 40 per cent, making the so-called transforming rehabilitation agenda impossible to achieve.

Nor is it effective. One third of prisoners reoffend on release,

Turning to our probation service. It has been split in two. The national probation service has been absorbed into the failing prison service. Pressures on probation officers are unsustainable. The “less serious” cases have been farmed out to private Community Rehabilitation Companies, who in the words of the Public Accounts Committee last week, “the Ministry accepts … were plainly not working as intended”. The Ministry has agreed to pay them up to £342 million pounds more of taxpayers’ money but can’t explain what it is getting back for its money. Pausing for a moment, that figure is around ten times the amount the Ministry hopes to save from this latest round of criminal legal aid cuts.

With David Gauke, we have our sixth Lord Chancellor in as many years.

That fact in itself suggests a contempt for justice and total disregard for the importance of the justice system. Yet, the notion that the way we treat our prisoners is a measure of the strength and virtue of the nation is as true today as it was at the turn of the century.

I am glad that we have moved from the deplorable ideological attack on prisoners, spearheaded by Mr Grayling in the form of cuts to legal aid for prisoners. Those cuts were an affront to the rule of law. The whole point of the rule of law is that “everybody matters”. Legal aid was designed as an equalising measure to allow everyone to access justice. The lawlessness within our prisons today is unacceptable. How can we possibly hope to instil respect for the law in prisoners if we exclude them from its protection?

I am proud that, along with the Prisoners’ Advice Service and over a five year period, our successful challenge to the Court of Appeal has seen the first areas of legal aid brought back into scope since LASPO – even though prisoners are still effectively denied access to justice in some important areas. It is also good that in Rory Stewart we have a Prison’s Minister who is taking the crisis in our prisons seriously. But they need more than just a jolly good clean.

I delighted to be here today at the launch of a Charter for Justice calling for:-

–Less people in prison

– A humane and effective prison system and

– An end to the two tier failing semi privatised probation service

Laura Janes, 25 March 2018

Note- the charter for Justice is here

Prison Mutiny

Three defendants were today sentenced at Winchester Crown Court to 3 years immediate custody, for taking part in a “prison mutiny” in June 2016 at HMP Erlestoke as reported here

A fourth defendant had been acquitted.

Numerous other prisoners who had participated in the disturbance had been dealt with administratively, or were charged with lesser offences.

This disturbance was one of a number of similar episodes in recent years, which many commentators have contributed to a hugely reduced prison budget, which has led to a shortage of experienced prison officers, and raised tensions for prisoners.

These recent disturbances have followed a long and predictable pattern.

The most infamous British prison riot in recent history was at Strangeways in April 1990 (One prisoner killed, and 147 prison officers and 47 prisoners injured. Much of the prison was damaged or destroyed with cost of repairs coming to £50 million)

The resulting Woolf Report found “Prisoners felt their complaints about conditions were being ignored. Remand prisoners were only allowed out of their cells for 18 hours per week, and Category A prisoners were locked in their cells for 22 hours a day, and rarely left their cells except for “slopping out“, a one-hour exercise period each day or a weekly shower”

Lord Woolf concluded that conditions in the prison had been intolerable, and recommended major reform of the prison system.

“Slopping out” has ended, but many of the other recommendations were never implemented, subsequently abandoned or now ignored. So much so, that 25 years later in 2015 Lord Woolfe warned that prisons are again at Crisis point (as reported here) and as evidenced in numerous Prison Inspectorate reports, and the annual Inspectorate report.

The IMB (Independent Monitoring Board) reports which visited Erlestoke gave an insight of the dire situation there before the disturbance. (Most recent report here)

(Erlestoke is a medium secure all-male prison with over 500 prisoners including violent offenders, sex offenders, and “lifers”. A number were “IPP” prisoners who had served longer than their sentence but with no indication as to when may be released.)

The IMB reports showed:-

-Drugs were rampant in the prison, particularly SPICE

-smuggling of tobacco

-smuggling and useage of mobile phones

-a culture of bullying

-property going “missing”

-high levels of self-harm

– a “self-inflicted death” (2015)

-high levels of mental-health issues, many unaddressed and/or untreated

-chronic staff shortages.

On the 11 June there were only 17 members of staff on duty.

As a result, there was a lock-down.

Despite what was said by the Prosecution at the outset of the trial, and then reported in local media, this was never about a “smoking ban” which had been introduced that year.

The trigger for the disturbances was the lamentable staff-shortages which caused the prison to have another unannounced lock-down, a decision that was communicated to prisoners by a note pushed under their cell doors, and communicated to staff with a note pinned to the notice-board wishing them “good luck”.

The consequences that flowed from the lock-down included:-

– being locked in cell all day, (in some cases shared cells with an open-toilet)

– no hot meals,

– no association,

– no showers

– and no calls to friends or family (one of the prisoners on trial had promised he would call his daughter. it was her birthday)

That was a systemic failure, and not the fault of the hard-working prison officers on duty.

If it does not excuse prisoner’s conduct, it does at least explain it.

Prisoners kicked off, and some broke through their doors, which were wooden.

Two ended up on the roof.

So far as the damage is concerned, it is hard to establish an accurate valuation as much of what was repaired was badly in need of repair or refurbishment anyway, including:-

-some of the showers and boilers that didn’t work,

-the huge backlog of maintenance which should have been but was not completed by Carillion,

-wooden doors on the cells which are usually seen in a prison museum rather than an operating prison.

The prison service conducted a review into the disturbance, and produced a report which they have not published and declined to provide to the Prosecution.

The two wings which were damaged are back in operation.

It will however take more than a lick of paint and new cell doors to repair what is broken in the prison system.

The real damage inflicted on the prison system is not broken windows and roof tiles, but the savage cuts to the prison budget by former Justice Secretary Chris Grayling, which has left prison buildings to decay, slashed numbers of prison officers, and cut back on education and rehabilitation for those locked up.

When people , whether prisoners serving their time or sailors at sea, are treated unfairly and subjected to intolerable conditions, it will (as Captain William Bligh discovered) lead to mutiny.

Prisoners convicted of prison mutiny pay a price for their participation in disorder, and those sentenced today will now serve an additional three years to their current sentences.

But as a society we all pay the price of Government failure to tackle the prison crisis that shames this Country.

As Winston Churchill once said: “The mood and temper of the public in regard to the treatment of crime and criminals is one of the most unfailing tests of the civilisation of any country. A calm and dispassionate recognition of the rights of convicted criminals against the state, a constant heart-searching by all charged with the duty of punishment, a desire and eagerness to rehabilitate, and an unfaltering faith that there is a treasure, if only you can find it in the heart of every person – these are the symbols which in the treatment of crime and criminals mark and measure the stored up strength of a nation, and are the sign and proof of the living virtue in it.”

A snapshot of the Justice system, 2018

1 Prison riot- cuts are to blame http://www.bbc.co.uk/news/uk-england-wiltshire-43441542 – I have blogged about my recent experience defending in a mutiny trial HERE

Google reviews (aka condemnation) for British Courts https://www.theguardian.com/technology/shortcuts/2018/mar/04/guilty-uk-magistrates-courts-condemned-by-google-reviews

Knee-jerk reaction-proposed new law to tackle the scourge of “killer cyclists” http://www.dailymail.co.uk/wires/pa/article-5459411/Review-set-recommend-new-law-causing-death-dangerous-cycling–report.html

Another useless ex Lord Chancellor popped up this week, the lamentable Liz Truss describes lawyers as part of a ” blob like elite” as described inthis article .

April

Wood Green: I successfully defended someone charged with sex assault, after he had allegedly grabbed a nurse on the breast in the secure unit of the mental health hospital where she worked, and had been detained under the Mental Health Act for 10 months.

Court of Appeal: I successfully appealed a sentence last month in a robbery case where the judge had misapplied the guidelines and failed to properly consider totality of sentence. It is important to be familiar with the “TIC and Totality” guideline , and to remind sentencing tribunals of the principle that “where consecutive sentences are passed to consider if the aggregate length is just and proportionate”

Vigil for Justice -film Well done to the Justice Alliance for this event. Watch their short fact-filled films on Justice on their twitter feed or via film-maker Jason Parkinson’s website here https://jasonnparkinson.com/2018/04/19/the-justice-alliance-time4justice-campaign/

May

A “day at Highbury Court” as reported in the Gazette. A good account of a typical day, although no reference to the touting activities that Highbury Court is infamous for. Also mentions the lack of lock on the door of advocates room that Defence lawyers have been raising with the Court service without success for over 4 years…

Crack-down on homelessness. Windsor council “moved on” homeless people before the royal wedding, whilst allowing people with homes to pitch tents and camp along the route of the procession. The Courts are increasingly dealing with homeless and vulnerable people more harshly than our Victorian forebears, as reported in the Guardian.

As duty solicitor earlier this year I represented somebody at City of Westminster Magistrates Court for sitting on a pavement. They had a criminal behaviour order that prohibited them from sitting on a pavement. The Met arrested them and CPS prosecuted them for sitting on a pavement.

Court service job losses https://www.theguardian.com/law/2018/may/02/6500-jobs-to-be-lost-in-modernisation-of-uk-courts

Charter for Justice launch film here.

Strike. Almost all counsel’s chambers on the South Eastern continue to decline instructions in new legal aid cases. So do I. Full list here. Law Society guidance for solicitors in cases where Advocates have declined to act in Crown Court matters has been updated-here . Judicial guidance here

New changes to PACE Codes of Practice here

More FAILING GRAYLING shambles

Grayling was trending again on twitter (and not in a good way) this week after ongoing train cancellations and timetable shambles. Chris was supposed to meet MPs but had to cancel some meetings after he didn’t timetable them properly (I’m not making this up) and then gave a statement in the house where he said that those responsible should resign.

“It’s completely unacceptable to have someone operationally in control and not taking responsibility,” Failing Grayling declared hysterically.At that moment, satire died. (Full sketch by John Grace here, and here is a further extract: If you were writing a new series of The Thick of It, you’d hesitate to create a character like Chris Grayling for fear no one would believe in him. Even in the current cabinet, a confederacy of dunces where the sole qualifications for membership are being a bit dim and entirely incompetent, the transport secretary is a class apart. To say that Failing Grayling has more than his fair share of bad days is a category error. Because that implies he has the occasional good one. He doesn’t. Every day is a desperate, losing struggle against the chaos caused by his own hopelessness. But even for a man who has turned his failure into a monumental work of performance art, Monday hit a new low. Or, as Grayling might see it, a total triumph. The moment he formally achieved the coveted status of the idiot’s idiot”

(Read more about Grayling HERE )

June I had honoured my pledge to support the bar action, as a result of which was without work for a considerable period. I was bitterly disappointed at the conduct of the CBA, who met the MoJ alone (without solicitors, despite calls for unity and joint negotiations) and denying HCAs a vote in their ballot.

£200million wasted on Court digitalisation project https://www.theregister.co.uk/2017/04/03/up_to_200m_wasted_on_court_digitisation_plans/

Memory Lane -and bridging the Gap

It was 15 years ago that I finished the mentoring project that ended up being broadcast as part of the BBC documentary series Make Me Honest. During that time, both the Court and my hair have gone, but both Carla and Michael are doing well.

Now I am part of a new mentoring project- Bridging the Gap Islington. Can you help?

We need individuals or firms to join as supporters, sponsors or patrons. For a relatively modest sum, you or your practice can be linked to this small, volunteer-run charity. Contact me to find out more!

Call to Arms? CBA consider resuming action on fees https://www.lawgazette.co.uk/practice/criminal-bar-lifts-lid-on-utterly-inadequate-fees/5068038.article

Judges got 2% https://www.lawgazette.co.uk/news/judges-to-get-2-annual-pay-rise/5068092.article

Tweet tweet! 🐦 The incoming DPP (Max Hill) will be the first in the job to have a Twitter account and says he will use it to build confidence in the CPS.

Hearsay in DV cases with Hostile witness: Griffiths v CPS.
The appellant appealed by way of case stated the decision of the Justices not to stay the action for an abuse of process. The submission was that the defence was unduly prejudiced by the refusal of the key witness to submit to cross-examination, depriving the appellant of a fair trial. The witness had commented “we both done wrong” but had also accepted in her initial statement that she had bitten and kicked the appellant during the incident. The Court were entitled to say, “it is open to us, properly directing ourselves, to treat Miss Smith as a truthful witness notwithstanding her behaviour in Court this morning”.
The Court held that the Justices were entitled to reach the conclusion that they did, and there was no error in failing to accede to the submission of no case to answer. Full Transcript

SENTENCE The Law Commission have published the draft Sentencing Code alongside an accompanying Report on 22/11. Full Report

Medieval Animal Trial, Leeds. Delighted to have taken part in the Compass Festival in Leeds last month. My blog here

LCCSA 70. watch the film here https://youtu.be/oXvz9nVVA7A

Breakfast Court Victory. HMCTS have confirmed the proposed projects for “flexible” (aka extended) court sitting hours for criminal courts have finally been abandoned (detail here)

December

Naughty Court usher up North https://www.dailymail.co.uk/news/article-6465731/Court-usher-46-suspended-having-sex-video-link-room.html

And naughty police with naughty solicitor in Wales https://www.dailymail.co.uk/news/article-6511443/Detective-caught-having-loud-sex-married-female-lawyer-police-station-KEEPS-job.html

Check-mate. A poem in memory of my father

Check Mate: A Poem for my Father

My father was the one who taught me chess.
At the start of the game he held out two hands,
Each hiding a pawn, one white, one black.
I made my selection and prepared for attack.

We played in silent concentration,
His only words “check!” (and, later, “check-mate”)
Fragrant pipe-smoke trailed around the pieces
As I learned the bitter taste of defeat.

Later: Monopoly, and he was always the ship
Sailing round the the board as though still at sea
In Cuba he had played a GET OUT OF GAIL FREE card
Long before he passed Go and then bought his first house.

The family played a board game called Risk
The so-called “Game of Global Domination”
Only much later did I realise
He had already conquered my world.

When I left home I too travelled the globe
With a back-pack and portable chess set.
Only now do I realise what ha had taught me
Not just the rules. I had learned Values.

Now I am the one to teach my sons chess.
I hold out my closed hands
Each with a pawn, one white, one black.
The King is dead: Long Live the King.

Later: Monopoly, and lessons in life
Try not to Go Back 3 Spaces.
So boys, choose a token, roll the dice but remember
Your Grandfather was always the ship.

In Memory of William Foxsmith RIP (04.02.41- 10.03.14)

William Foxsmith Obituary

Obituary for My Father

Dad (known by almost everyone as Bill) was born in Hinckley, Leicestershire on 04 February 1939 and was christened William Ernest FOX (his father’s name.

His father William Fox senior was a bit of a character. He had served in the Royal Navy (pictured below) He was already married and living with his wife and family on the Isle of Wight when he left his wife and children and eloped with another woman.

My father never knew of his siblings from his father’s marriage, and I only found out when the first version of this obituary was published, and surviving family members got in touch. As a result I have met family members that I never knew of growing up. They are wonderful, and I have learned much about them and my grandfather who abandoned them-but that is another story.

The woman with whom William left the Isle of Wight was Hilda Prouten (nee Bewell) (pictured below)

Hilda was also married at the time (to George Prouten, married 1934 on IoW, lived on Moncton St) and when she left the Isle of Wight for Leicestershire with William, she left her husband but took her young son from that marriage (Roy)

They lived at “Dewhurst”, Barwell Lane, Hinckley, and by virtue of both being married but not to each other, Dad was born “out of wedlock” . Dad was christened at Hinckley Parish Church on 12/04/1941. Younger brother Richard (my Uncle Dick) was an addition to the family, but when Dad was two his father William drowned (in a swimming accident in a local quarry) and so the boys were brought up Hilda (known as “H”)

Hilda left Leicester with the three boys to head South to Dorset, where they lived in rural poverty. By his 4th birthday Dad was living at Somerset Cottage, Horton (near Ilminster)

At one point they were staying in an alms house, for which privilege Dad’s mother had to scrub the stone floors of the church on her hands and knees. Dad was no fan of the church or organised religion.

The family moved around in Dorset several times, and would holiday on the Isle of Wight. At some stage Roy moved back to the Isle of Wight permenantly to live with other family members. In later years he was estranged from the younger siblings, and so I never met him.

Hilda was closely bonded with her sister Esme (who lived in Taunton, with husband Stan and children Andrew, Rob, Julie (dad’s cousins)

Dad with his younger brother Dick went to school at Lyme Regis Grammar school. Dad was a fast runner, running the mile for the County and setting a school record.
When Hilda re-married William acquired a stepfather, Jack SMITH, and then another brother (Nick). Dad later combined the names FOX and SMITH and the FOX-SMITH family name was created. (The surname has been used both with and without a surname, in my own case without)
Aged 16, Dad left home and went to Navigation school in Plymouth, and then joined the merchant Navy:-

He made several voyages on the Sussex Trader (pictured above) a trading ship also known as a Tramp Steamer. In 1963 he sailed to a hurricane-hit Caribbean, and then in 1964 he set sail as navigator to New York (arriving around the same time as the Beatles, whose music was on every radio station at that time) on the John W Mackay , a cable laying ship, which was hard and dangerous work. His crew-mates were a motley bunch including the 3rd engineer who was ex-foreign legion and had served prison time in at least three Countries, and the 2nd officer had been on trial at the Old Bailey for running an un-seaworthy passenger yacht without insurance.

He whiled away his free time on voyages playing chess, Ludo and poker, and writing letters, including to Sylvia whom he had recently met in Plymouth (see below) For six years he travelled the World visiting the US, China, Japan and Cuba amongst other Countries. In Cuba, he was arrested and spent a night in prison. It’s a bit unclear what offence he had allegedly committed (probably smuggling cigarettes) or how he came to be released (although I did find a record of payment for a “bail bond” by the ship’s captain) but it was a typical escapade for Dad who loved adventure. Dad’s brother Nick has a memory of watching their mother putting pins in a world map on the kitchen wall every time they received a card from a country Dad visited when at sea. I have found postcards, letters or diary entries showing visits to the following ports: Safi, (Morocco) Suez Canal (several visits) , Leghorn (South Africa), Genoa, Venice, Capetown, Orient beach (East london, SA) and Aden.

Dad’s Mum died when he was still at sea. He was not able to return for the funeral. Over 30 years later he found a “memory box” with some keepsakes and mementoes from his sea-faring days. Not realising what it was, he began reading aloud the letter he had received from his brother Dick which broke the news of their mother’s death,and it moved him to tears. It was the only time I ever saw him cry.

Dad met my Mum (Sylvia) in July 1964 and they were married in Wembury Church on 05/10/1966.

His first “land” job was selling encyclopaedias, and then he worked with Mintex (a Company selling brake and clutch linings) as a salesman and later as manager of the Plymouth depot.
He had been framing pictures- self taught – as a hobby, and now became self-employed doing that professionally.
He had also formed an interest in silhouettes, which he began collecting and became something of an expert. (He later became involved in the Silhouette Club)
Eventually he opened his shop on Southside Street, The Barbican, selling antique maps and prints. The shop “Foxsmith Galleries” was open for 20 years, and eventually closed in 2006.

Dad was renowned for his honesty and good business ethics, never broke his word or a contract, and had great integrity. His word was his bond, and most deals were done on a handshake. He disliked debt, and was beholden to nobody. He worked hard, and in order to provide for his family, put business before pleasure.
Dad loved antiques and fine art, good company and good wine.
He enjoyed classical music which could always be heard in the basement at home where he was framing pictures, or in the shop.
He had a great sense of humour, and a good sense of adventure. He loved sailing and wind-surfing, but was equally happy to try his hand at anything adventurous from para-gliding to stock car racing to bungee-jumping.
Dad didn’t tolerate fools gladly, and disliked snobbery and pretentiousness.
He hated hypocrisy. He had no airs and graces and could mix easily in any company.
He had a wide circle of friends. Most of all he loved his family. There were three children- myself, M. and Naomi (below, with Dad on her wedding day)

Mum and Dad first lived in a small bungalow in Staddiscombe (near Plymstock) and then moved to Alfred Street on Plymouth Hoe.
We holidayed as children in Butlins, and many years later in France,catching the ferry from Plymouth to Roscoff and driving to a campsite.

Sadness at Dads death is tempered by the happiness that he was released from the hell of his last few years. Sadly, in truth we lost Dad a few years before his passing to the cruel disease of Alzheimer’s, the early onset of which robbed him of a peaceful retirement.

Dad was a towering figure for me, and an important influence on my life.
He was there for my significant birthdays, my graduation, was a witness at my wedding, and once came to see me advocating in Court. I inherited or learned from him some qualities that have stood me in good stead as a defence lawyer-a sense of fairness, and an innate sympathy for the underdog.
I admired him very much, and am sorry that his early departure deprived his grandchildren of spending time with him, and he with them.

Dad had a great love of board games.
He taught me chess. We played for years and years before I won a game. Dad wasn’t one to let you win. But at least when I eventually did, I knew it was on merit. Winning at chess was a major surprise to me. Like many boys, I believed my father invincible, and not just in chess.

As a family we also enjoyed board games, particularly Monopoly and Risk, which were extremely competitive but riotous fun.
I played as a child , but was aware if friends or family were staying that games would continue after I was dispatched to bed
Then the drinks would come out, and the games were a backdrop to anecdotes, stories and jokes, with the roar of raucous laughter. These are amongst the memories that we will cherish.

Cheers Dad!

A poem for my father

In Memory of William Foxsmith RIP (04.02.41- 10.03.14)

Memories
The family were grateful for the many condolence cards, supportive messages, anecdotes and photos sent to the family.
“A vibrant and infectious zest for life (Nigel F.)
entertaining, knowledgable and fun to be around” (Matt Tiller)
He ran his business so well,always kind and courteous”(Jenni)
“No-one will forget Bill” (Vanessa J)
“Our hearts are sore at the passing of our dear friend Bill. We will always value our friendship” (Gerry and Malcolm)
“I held the most tremendous admiration for Bill,his humour, stories, knowledge and skills….” (Simon B.)
“we are surrounded by memories of Bill as there isn’t a room in the house that hasn’t either a picture from the Gallery or framed by Bill” (Jane and John Green)

“This card (pictured below) shows one of the many precious prints which adorn my walls and which Bill found for me”

“a wonderful entertaining host!” (Viv and Brian)
“A lovely human being, a delightful neighbour and friend with a great sense of fun and generosity of spirit” (Elaine and Adrian)
“Bill was a fantastic man.” (Sarah and Tony)
“Bill was a delight to work for”
“The spirit which he evoked-one of friendship, challenge and investigation” (John Pickles)

Ros offered these lines from Shakespeare (Anthony to Cleopatra):-
the miserable change now at my end
Lament nor sorrow at,
But please your thoughts
In feeding them with these my former fortunes

An anecdote from Malcolm and Gerry:- “Bill loved sailing in Plymouth Sound after work. One evening the tide and wind took him into Mountbatten Pier, and as he had stayed out until the last minute, it had become dark and he had no choice but to land. At that time it was private, R.A.F. property, with landing prohibited. He somehow found the Officer’s Mess and entered in his wet suit [just like James Bond] and persuaded them he was not a spy. He finished at the bar with a pint telling them of his adventures!”

“We are both very sad to hear of the death of your Dad, a great friend of mine and someone I admired very much.” (Richard Walker)