Prima facie

[Written by Suzie Miller; Directed by Justin Martin: live recording available online]

(Our Guest Reviewer is a King’s Counsel of several decades experience, particularly in the criminal law)

Prima facie: (of first appearance) Where there is some evidence in support of an allegation made, which will stand unless it is displaced.

As it happens, I have never attended a performance by the National Theatre in London and I have not seen, or heard of, the actress Jodie Comer. That was until recently when I had the great pleasure to watch Prima facie, filmed live at the Harold Pinter Theatre and featuring Comer in a one-woman production occupying two hours. It is without doubt the best theatre that I have ever seen. Confronting but magnificent!

Without giving too much away, the plot centres around Tessa, a young working-class woman, who has excelled as a criminal defence barrister. She tells us the techniques that she deploys in securing acquittals for her clients, particularly those accused of sexual offences. (At this point it is worthwhile to note that these techniques are both proper and appropriate in revealing reasonable doubt).

Then things get tricky. Tessa, who doesn’t mind a drink or two (no judgment; no eyebrows raised here) has a fling with another counsel in her Chambers. However, once bitten, second try, and so a week later, after a big drink with fellow counsel, Tessa invites him back to her lodgings for enthusiastic sexual congress. Afterwards, Tessa is very unwell, naked, projectile vomiting into the toilet and counsel comes to her rescue. He collects Tessa from her squalid environs and puts her to bed.

Further encounters there occur; she says, without consent; he disagrees. Here’s the kicker; she reports her allegation to police; her colleague is charged with rape.

A trial ensues some 2 years later. I don’t need to tell you the verdict. You should be able to fathom that yourselves. The message from this powerful production, in my opinion, is twofold:

1. For many it is attractive to blame perceived inadequacies of the criminal justice system and complain that the standard of proof is too high, that all complainants should be believed, and all accused convicted and imprisoned;
2. The more nuanced message is: tread with care and circumspection before you engage the brutal and clunky mechanisms of the criminal courts to resolve your grievances. We have all had bad things happen – upsetting and distressing and often regretted. But move on.

I would encourage everyone to access this glorious production, to absorb the excellent performance and make up your own mind.