by As he retired after 50 years in the law, one of the North West’s most senior judges recalled a memorable moment during his final few months. Judge David Aubrey KC, a judge with 18 years’ experience presiding over cases at Liverpool Crown Court, was enjoying a meal with his wife when he recognized other diners.
He told the Echo: “I can tell you this story. I gave someone a very lenient sentence about two months ago, after calling his mother [to give evidence to the court]. That’s something I’ve done a lot of times because you learn so much about a defender. It was a lenient sentence, but mercy is recommended provided it is justified…
“That was my sentence on Friday evening. That evening, I was in a Chinese restaurant in Chinatown with my wife. A family came in just before I was leaving. I recognized that family, and I went over to the mother of the family and said ‘You don’t recognize me, do you?’.
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“She looked at me anxiously, thinking she had met me somewhere but she couldn’t think where. I said to her on my way out, ‘I spoke to you in court’.
“The mother of the male defendant was also there with his stepfather, his younger brother and his girlfriend. I emphasize that they were not there celebrating, they had just gone for a family meal. She broke down in tears, and then the defendant came up to me and said ‘I won’t let you down’ I felt that I hope the sentence will be lenient and that it is justified.”
Judge Aubrey admits that not all defendants he happened to bump into were happy to see him, especially those he prosecuted during his time at the bar and were sent to prison. But this chance meeting at the Chinese restaurant was nevertheless a perfect example of how he is “married not only to the law but also to the city of Liverpool and especially to its people”.
Although he was born in the northernmost areas of London in Barnet, Liverpool made him. He arrived in the city as a young man in 1970 to study law at Liverpool University – his mother asking him “Why are you coming here?” while driving her son over Runcorn-Widnes Bridge – before being called to the bar in 1974, after completing an apprenticeship at Oriel Chambers “over a pint”.
David Aubrey soon built his reputation within the Law Courts of Queen Elizabeth II, the formidable monolith of a brutal building that towers over Derby Square and which he describes as a “living, breathing body”. The then 46-year-old was appointed Queen’s Counsel – now King’s Counsel, or KC – in 1998 and then became a full-time judge in 2005, having sat as Recorder since 1995 .
The profession also brought his family life with him. He married another barrister, Gail Owen, and added a son and grandson to her life. But if fate hadn’t intervened, it could all have been very different.
Not only was Liverpool his second choice of university behind Bristol, but he might not have gone into law at all. He said: “I was the first in my family to go to university. I was reluctant to read law, to be honest.
“At the time, I was thinking of doing a degree in sociology or psychology. But, in the end, I decided to read law and, therefore, I came to Liverpool. I had never set foot on Liverpool soil until the day before the start of the term.
My father died when I was 18, so money was tight. I paid for my first wig by working on a construction site for a few months, between finishing the professional bar course and starting the apprenticeship. And so, the journey began.
“There was no pre-decision, but it happened the way it happened. I almost woke up one day and said I would apply for a law degree, and that’s what happened.
“I always went in wherever I went. I moved through rooms, went into silk and then onto the bench. At the time I went onto the bench, I wasn’t even sure about that. I was at enjoying my time in silk.
“I was playing number nine. I was now a referee and indeed I was worried, but I moved on.”
That’s not to say it was always simple. The grandiose dress code can easily hide the fact, but there is a person under the dress and the wig and a judge can have the same weaknesses as anyone else.
Judge Aubrey has been open about the fact that, shortly after being appointed as a judge, he suffered from mental health problems which caused him to take months off work. It may have been a battle that left him with scars, but it may have made the compassion within his work greater as a result.
He said: “Liverpool is a village. My wife and I made the decision that we would explain exactly what the problem was, rather than let them speculate.
“I wondered if I would go back to law at all. But, after taking some time off, I looked carefully for a while and went on from there. I was very familiar with those who have problems They always have mental health, to the extent that I lectured on the Judicial College courses on mental health – indicating that it could happen to anyone at any time.
Perhaps Judge Aubrey’s background and life experiences led to a particular penchant for giving back. Exactly 50 years and one day since he was called to the bar, Judge Aubrey’s last day in office begins with a valedictory procession and ceremony.
Courtroom 41 is packed with barristers, fellow judges and court staff – some of whom have to settle for a seat in the dock – as the Honorary Recorder of Liverpool, Judge Andrew Menary KC, pays tribute to an “outstanding judge” who ” loyal, kind and truly inspirational”. Meanwhile the senior chief justice for England and Wales, Lord Justice Edis, cites Judge Aubrey’s knock for “doing justice in a calm, caring way”, after the trouble traveled up from the capital.
Most notably, Dr Gee Walker was also present – a nod to his work with the Anthony Walker Foundation. Another of the many testimonials given came from Everton in the Community.
Judge Aubrey, for his sins, managed to “marry Everton Football Club” when he moved to Merseyside and, fittingly, the Blues do their best to spoil his big day. His face is one of surprise when the subject later returns to the news, which had broken only an hour before, that a potential takeover of his by the Friedkin Group had ended.
But his lasting legacy may come through his pivotal role in establishing the Maddison Internship, which allows entry into the world of law to those who may have previously found the door “very closed”. The two participants from the first year of the scheme are now reading law at university, and the third will set out on the same path in September.
Judge Aubrey tells the gathered crowd, including an overflow panel in courtroom 42 which is continuing via video link, in his own speech: “With half a century under my belt, it is now time to go – Law Courts of Queen Elizabeth II to leave. , to leave the court 42 and to leave my colleagues and my friends, as I call them.
“I love every moment. I love it because every day was different, and a judge in a criminal court sees the best and worst of human nature.
“It has been a privilege, and at times a challenge, to interact with people before me – whether lawyers, witnesses, defendants and their mothers, sometimes, from all walks of life. Criminal jurisdiction is about people’s lives, how we treat people and how we deal with the law with people.
“That’s what this building and everyone who works there does their best every day to get right. For many, it is the most important day of their lives.
“We need to forget that. I loved the drama, the theatre, the raw emotion of it all, tearing my own eyes out.”
The judge’s voice begins to fade as he thanks his long-time guide and fears longer as he speaks of his family. But, as an experienced public speaker, he waits and is greeted by a standing ovation which is probably only diminishing now.
In the afternoon, the last day’s work begins slowly. As you’d expect from someone who needs to clear their desk by the end of play, the workload is fairly light. Judge Aubrey has a to-do list consisting of two plea hearings and three plea and trial preparation hearings. It will be done within an hour.
As ever, the courtroom is a rich tapestry of life. Convicted fraudsters have been ordered to hand over £2,050, a sum raised from the sale of their Nissan Qashqai, to their victim under the Proceeds of Crime Act.
The next defendant pleaded not guilty to being concerned in the supply of cannabis after police seized £36,000 of the class B drug from premises he was an alleged occupier of. A third also denies possession of cannabis and cannabis resin with intent to supply additional illicit substances after being found at an address where his dogs were found.
The sight of defense barrister Daniel Travers makes the judge pause for thought: “Mr Travers, you can leave this court – my own court knowing that you are the only barrister in 18 and a half years who an appeal was successful. the conviction I presided over You may not even remember the case – it was many, many years ago.”
Judge Aubrey glances at the courtroom clock. “Two more to go”, he says and gets up as he waits for the lawyers who will be appearing for his final cases.
They arrive within a few minutes. The list includes a defendant facing charges of conspiracy to supply cannabis, who looks set to change the law firm representing him.
When asked what his profession is, the man replied “I’m a scaffolding friend”. It’s a far cry from the accused who once addressed him as “your majesty”, although he does thank the judge as “your honour” when he leaves court.
Judge Aubrey’s final case concerns a father and son, both of whom share the same name. They pleaded not guilty to assault occasioning actual bodily harm, and the younger of the two said “thank you” as he left.
The judge said: “And I thank you, everyone. And so goodbye and may God go with you.” Judge Aubrey closes his laptop, stands tall and leaves the stage for the last time. Now aged 72, he lives a quieter life traveling the world, walking the dog and singing.
