Pakenham's final appearance in court has been variously recorded. As defence counsel in a complicated fraud case, he was due to address the court during the afternoon session, and had partaken of a particularly well-oiled lunch.
"Members of the jury," he began, "it is my duty as defence counsel to explain the facts of this case on my client's behalf; the Judge will guide you and advise you on the correct interpretation of the law and you will then consider your verdict. Unfortunately," Pakenham went on, "for reasons which I won't go into now, my grasp of the facts is not as it might be. The judge is nearing senility; his knowledge of the law is pathetically out of date, and will be of no use in assisting you to reach a verdict. While by the look of you, the possibility of you reaching a coherent verdict can be excluded." He was led from the court.