How a surgeon tried to avoid justice for years after stabbing colleague

Greater than 4 years after he stabbed his colleague, plastic surgeon Jonathan Peter Brooks has been discovered responsible of tried homicide.

On Monday, the 61-year-old was convicted over the 14 January 2021 assault on Graeme Perks in Halam, Nottinghamshire, which a court docket in Loughborough heard may simply have been deadly.

It will possibly now be reported that Brooks was by no means seen by the jury, repeatedly refusing to have interaction with the trial.

In a authorized saga stretching from his arrest, throughout a coronavirus lockdown, to his conviction, a choose outlined the “extraordinary” case, labelling Brooks a “very smart” man who used starvation strikes and sacking his attorneys as techniques to attempt to manipulate the system to keep away from justice.

Brooks was arrested on the day of the assault, and appeared in court docket 4 days later.

He wearing camouflage gear and went to Mr Perks’s dwelling outfitted with petrol, matches, a lighter, knife and a crowbar, however insisted all of the gadgets had been “saved in his storage and had been acquired for harmless functions”.

His trial was advised he smashed conservatory doorways to unfold petrol across the floor ground of Mr Perks’s home, after which stabbed him within the stomach.

Brooks was dealing with an internet NHS disciplinary listening to, which began on 11 January 2021.

The court docket heard the burns specialist “hated” Mr Perks, who was a witness in opposition to him in these disciplinary proceedings.

A trial initially started in July 2022, however the jury was discharged the next month after Brooks was admitted to hospital, struggling osteoradionecrosis – a medical complication of radiotherapy, which required surgical procedure.

This set in practice an extended chain of authorized delays, with quite a few events when hearings have been listed however Brooks refused to show up, forcing his case to be relisted and impacting on different court docket hearings – as barristers and judges needed to transfer round their workloads.

The trial has been listed on “no fewer than 9 events”, and the newest acquired beneath manner regardless of Brooks sacking his then authorized crew with sooner or later to go – the fifth time Brooks had dismissed a number of of his attorneys.

Brooks had additionally launched into a starvation strike 11 days earlier than his trial was scheduled to start out.

Choose Edward Pepperall mentioned this was not new.

“I recognized no fewer than eight events since his arrest in 2021 when Dr Brooks had used starvation strikes or the specter of another self-harm to attain some benefit whether or not inside the jail property or in hospital,” he mentioned.

Brooks claimed he was not medically match to face trial, that lodging weren’t being made to ensure that him to attend trial, and that the trial was unfair.

By the point one other trial was resulting from happen, he was left within the uncommon place of appearing as his personal authorized counsel.

The hazards of defendants representing themselves with out authorized help are well-documented, and with Brooks additionally indicating a refusal to have interaction – whereas repeatedly claiming he would reasonably die than be wrongfully convicted – the court docket was confronted with making an attempt to rearrange a trial by which an unrepresented defendant was not more likely to flip up.

Mixed with Brooks’s starvation strike, it introduced the chance that even when he was match at first of the trial, his situation may deteriorate through the weeks it was scheduled to run, and will imply a second trial wouldn’t attain a conclusion.

In brief, sure.

The starvation strike meant the defendant had change into more and more weak, which led to the case being moved to Loughborough because of the defendant’s new requirement for a wheelchair, one thing the unique court docket couldn’t accommodate.

On 3 March this 12 months, he didn’t seem for the slated begin date, and the prosecution requested to proceed the trial within the defendant’s absence.

Choose Pepperall got here to a call about whether or not it was truthful for the trial to go forward, along with his ruling made on 6 March, a duplicate of which was despatched to the defendant.

Within the 30-page doc, he addressed the issues prompted by Brooks happening starvation strike, and set out how he would guarantee any trial can be truthful.

“It isn’t too late for [Brooks] to vary course and let the court docket know that he needs to attend his trial… that he has already stopped his starvation strike, and that he’s accepting all cheap remedy in order that he can in time recuperate enough well being to place his case to the jury,” he mentioned.

Tracy Ayling KC led the prosecution case in opposition to Brooks, who remained absent whereas additionally appearing as his personal authorized illustration.

The scenario was defined by Choose Pepperall to the jury, when he warned them to not take the defendant’s absence as any signal of guilt.

Proof was then heard within the typical manner, however on 11 March the choose mentioned he had obtained a letter from Brooks, who was being held at HMP Bedford, by which he additional objected to the trial persevering with with out him.

A 3-page response gave brief shrift to Brooks’s newest protests.

“Dr Brooks can’t refuse to have interaction with each the court docket and his attorneys, after which complain that he was not correctly stored up to date as to his case,” he mentioned.

The trial continued, and on 24 March Stephen Leslie KC was introduced in to cross-examine Mr Perks – a measure made to supply stability to the prosecution case.

On 25 March, a brand new five-page ruling was made to permit Brooks to look by way of video-link from jail ought to he so want, reasonably than go in individual.

Within the ruling, the choose spoke of Brooks’s “sporadic” engagement.

“On no fewer than 13 events, he has declined to attend court docket, typically even when solely required to look by jail hyperlink, with out good cause,” he mentioned.

Addressing the behaviour of the defendant, the choose added: “Dr Brooks has intentionally made himself in poor health to be able to search to govern the court docket course of and stop his trial from continuing. Such conduct was the voluntary resolution of a well-informed medical man with capability.”

Following the ruling, the defendant continued to complain about his situation and the trial, and after evaluation from docs confirmed he was match to attend however remained absent by means of his personal selection, the prosecution case concluded.

Throughout a debate on Brooks’s health through the trial, Ms Ayling mentioned her prosecution crew “has anticipated” such requests being made by the defendant.

“But once more he is trying to place off the trial,” she mentioned. “He’s intentionally manipulating the court docket and voluntarily absenting himself.”

Brooks didn’t flip up for his personal defence, which was scheduled for 27 March, however on 1 April he lastly made an look, addressing the trial within the absence of the jury by way of video-link from HMP Norwich, the place he had not too long ago been transferred.

He requested a four-week adjournment so he may put together his case, however he refused the provide of a 48-hour extension, ending up in tears as he mentioned he felt he couldn’t settle for the choose’s presents to accommodate a late speech from him.

By the point the jury was introduced in that day, Brooks had gone again to his cell, and so he was as soon as once more absent when the choose summed up the proof.

The felony justice system stresses the significance of not solely there being a good trial, however there being seen to be a good trial, so though Brooks refused to co-operate, measures have been taken to make sure due course of was adopted.

For Brooks, a lawyer was introduced in to problem witness proof, and whereas authorized rulings weren’t mentioned in entrance of the jury to be able to keep away from prejudicing their views, they have been mentioned earlier than the press, so the authorized discussions may very well be reported after trial.

Finally, courts need to give the chance for defendants to look, and in the event that they refuse they have to guarantee the method remains to be truthful, even when that results in lengthy delays.

The Crown Prosecution Service mentioned the trial “was extraordinarily uncommon”.

“The dearth of participation meant that simple and non-controversial proof couldn’t be agreed as would often occur when a defendant is current and represented,” a spokesperson mentioned.

“This meant that some witnesses needed to give proof to the jury and have statements learn out in full that will in any other case have been handled as agreed details.”

Various current sentencings – together with Kyle Clifford and Axel Rudakubana – noticed defendants refuse to look, and because of this the prime minister has promised to offer judges the ability to make criminals seem within the dock.

Choose Pepperall mentioned that he would write to the governor of HMP Norwich, the place Brooks is at the moment held, to request that he attend in individual for his sentencing listening to, which is because of be held on 3 June.