Reluctant Consent

by Margaret Barnes

  ‘I don’t know what you’re getting at. I don’t want to answer any more questions. I’m going.’

  Felix stood up and walked towards the door. Alex didn’t try to stop him. He took hold of the door handle. ‘You’re barking up the wrong tree.’ Alex shook her head.

  Chapter 32

  The next witness in the Montgomery trial was Detective Sergeant Angela Kotzeva. The woman officer walked towards the witness box ignoring both the judge and the jury. She picked up the bible and, without looking at the card that the usher held out to her, she promised to tell the truth, the whole truth and nothing but the truth. She was wearing almost identical clothing to those she had been wearing when she interviewed Chris Young: a straight navy skirt and pale shirt, although this time it was green rather than yellow, and over the shirt a charcoal grey jacket. Her questioning of Chris Young had demonstrated how competent she was; she would be difficult to cross examine. At least this time Cassie didn’t have to question the veracity of the officer’s evidence.

  After Kotzeva had taken the oath she gave her name and rank and then looked towards Robin Tasker, no doubt waiting for him to ask his first question but, as he lumbered to his feet, Judge Crabtree said, ‘The two boys, Leon Campbell and Jonathan Wilding, are both juveniles, yet their evidence was not recorded. Is there any reason why not?’

  ‘Yes, My Lord.’ Sergeant Kotzeva turned away from Robin Tasker and towards the judge. ‘The video was in use for another case with a very young child. The interviews with her were taking a long time. It was late evening and Leon and Jonathan were getting very restless. I offered to get drinks and something to eat, but they wanted to tell us what had happened straight away. Leon’s mother and a social worker were waiting as well. I became concerned that they would leave and we would have problems getting them to return. Also we had kept the two boys apart and if they left they would have more opportunity to talk to each other about the incident and be accused of putting their heads together.’ She glanced towards Cassie. The officer had tried to eliminate any opportunity for the two boys colluding in their evidence. ‘I spoke to a senior officer and as they were not the victims and … I took the view they were fairly robust, we decided the best course was to take written statements from them.’

  ‘What view did the parents take?’ Judge Crabtree said.

  ‘Mrs Wilding was happy with the situation and Leon’s social worker agreed to that course. They were all fed up with the delay. There was discussion about them going home and coming back, but we wanted to get their statements as soon as we could, for the reasons I’ve already mentioned.’

  Cassie thought the officer had guessed she would be asked by somebody about the breach of protocol for interviewing juvenile witnesses and had prepared her response.

  ‘Fine, Mr Tasker. Now we’ll begin.’

  Robin Tasker fumbled with his papers for a moment. ‘On the third of March, were you called to the scene of an incident at a shop in Ladbroke Grove?’

  ‘Yes. Montgomery’s Sweet Emporium, it’s called.’

  ‘What did you find there?’

  ‘It was three forty-five when I arrived in company with Detective Constable Craig Hadley. There was already an ambulance in attendance and they were putting a young man onto a stretcher. A boy of about nine was by the side of the ambulance with one of the paramedics. He was crying and clearly very upset. The medic told me the boy was the victim’s younger brother and was called Chris. The lad on the stretcher was Albie. He hadn’t been able to get any further names from the younger boy. He also told me …’ She paused and looked towards Cassie as if asking for permission to continue. Cassie was well aware that the evidence of Albie Young’s condition was hearsay and the words of the paramedic did not prove how badly injured he was, but she didn’t want to insist on the ambulance man coming to court just to fill in the sequence of events; better to let the evidence go unchallenged from the officer.

  Cassie leant across and whispered to Robin that she had no objection to Angela Kotzeva giving the evidence. The officer must have realised what had happened and continued. ‘He also told me Albie was seriously injured and was unconscious.’

  ‘Was there anyone else there?’

  ‘Yes, Mr Montgomery was standing at the door of the shop. I went up to him and asked him if he was aware what had happened. He told me the youth with two others had been stealing from his shop and he had used a golf club to get them away from his premises. At that point I was concerned that an offence may have been committed and, in view of the possible serious consequences, I cautioned him and told him I was arresting him for assault occasioning grievous bodily harm.’

  ‘You told him he didn’t have to say anything but it may harm his defence if he did not mention anything when questioned something he may later rely on in court. Anything he did say could be given in evidence?’

  ‘That’s correct.’

  ‘Did he say anything at all?’

  ‘He started to say they had been a real nuisance and had done damage in the shop. I told him it would be better waiting until we were at the station and he had seen a solicitor.’

  ‘Once at the station did you interview him in the presence of his solicitor, Mr Durrant, and DC Hadley?’

  The officer read the transcript carefully. Montgomery’s account of the incident in interview was the one he had maintained to Cassie in conference. There was one passage of the transcript that was problematic for his defence. Cassie had underlined it.

  DS Kotzeva. Are you a racist, Mr Montgomery?

  Montgomery. If you mean do I dislike all these immigrants, yes, but I don’t care where they come from, they’re foreigners, they should go back home.

  DS Kotzeva. Is that why you hit Albie Young, because he’s black?

  Montgomey. No, they were stealing from me, threatening me. That’s why I hit out.

  DS Kotzeva. You could have closed the door on them, couldn’t you?

  Montgomery. I don’t think so. I thought they were ready to rush me, to come back in. I really wanted them to go away.

  ‘Members of the jury, I’d like to discuss a matter with counsel. Perhaps, go and have a coffee,’ Judge Crabtree said.

  When the jury had left the courtroom, the judge turned to DS Kotzeva. ‘There’s mention of turning a camera off. Is there a recording of the incident?’

  ‘Yes, My Lord,’ said the witness.

  ‘Is the jury not to see the video? Mr Tasker.’

  ‘I don’t know why not … I’m not sure if Mr Pike wanted it played.’

  Judge Crabtree frowned. ‘We can’t wait for Mr Pike to be here.’

  Cassie got to her feet. ‘We believe the prosecution thought it added little to the evidence. It’s not the best of recordings. One of those intermittent cameras. It can be misleading.’

  ‘I’m sure the jury are perfectly capable of sorting out what’s happening. Unless there is very strong objection against it being played, the jury must see it. I’ll rise while the video is located.’

  ‘Ouch,’ said James.

  ‘I suppose it was inevitable,’ Cassie said.

  ‘I’m going to see if I can speak to Marcus,’ Robin Tasker said as he left the court.

  It didn’t take long to set up the video and to play the short clip to the jury. Cassie sucked one of her mints as the scene inside the sweet shop was played out, stuttering like a very old movie. The jury didn’t seem very surprised by its contents; although they all followed it closely, only two of them made notes.

  Robin Tasker thanked DS Kotzeva and then said, ‘Was the video played back during the interview or was that the end of it?’

  ‘We didn’t have the recording at that stage. We ended the interview when I told him he would be charged with attempted murder.’

  Cassie asked the officer just one question. ‘Mr Montgomery is a man of good character.’

  ‘He has no convictions recorded against him.’

  Chapter 33

  After court rose that evening, C
assie ushered Montgomery, James and Zac into a tiny conference room. There was only just enough space for them all to squeeze round the wooden-topped table.

  ‘I thought the officer was very fair, didn’t you?’ James said.

  ‘She was fine, and luckily for us there is nothing in the interview that we need to deal with, no lies to explain away. It’s the clear evidence of prejudice we have to contend with.’ She then turned to her client. ‘Mr Montgomery, as you know, the Crown have closed their case and tomorrow it’s your turn to give evidence. You don’t have to, but if you don’t the judge can comment on that and tell the jury they can take it into account and draw such inferences as they think appropriate – and that they may hold it against you. He’ll say something to that effect to you. My advice to you is that you should tell the jury what you say happened. I believe jurors take the view that if they were charged with an offence they would want to tell the court what happened and not hide behind a shield of silence. Do you understand?’

  Montgomery took a deep breath and nodded at her. There was little in his expression to show what he felt about the prospect of going into the witness box.

  ‘Right. Tonight I want you to read through the copy of the statement you made to Mr Durrant and make sure you can remember what you said to him – it’s the basis of the case I’ve been putting to these lads. When you give your evidence, just answer the questions I ask you and keep your replies short. If I think the jury should hear more I’ll ask you further questions. Do you understand that? The difficult time will be when Mr Pike cross examines you. He’ll pick up on every inconsistency in your evidence and he’ll try to provoke you into making racist comments. I do not want to hear them from you. No swearing, no name calling. Do you grasp what I’m saying?’

  Mr Montgomery looked stunned as if she had hit him, but he said he did understand. Cassie waved at him to lead the way out.

  ‘See you tomorrow,’ she called after him as he walked towards the lifts.

  ‘That was a bit tough wasn’t it?’ said Zac.

  ‘He needs to think about what he says. The case against him could turn on what they make of him. He’s got a run on self-defence but they have to believe that Loveday had a knife and that Montgomery had no opportunity to retreat. I think we’ve established the lad did have a knife or, at least, they can’t exclude it. But on the issue of whether he went a step too far out of the shop they may decide that on the question of his motives.’

  ‘So, if they think he hit out because they were black then they’ll decide he could have closed the door on them?’ Zac said.

  ‘Exactly. Let’s hope he takes on board what I’ve said to him.’

  Once in the robing room, she turned on her mobile phone then took off her wig and gown. There was a message from chambers asking her to go in after she had finished in court, but nothing from her stalker.

  Cassie turned left out of the doors of the court and walked slowly south along Old Bailey, the street that gave its name to the Central Criminal Court. At the junction with Ludgate Hill, as she drew level with the black painted telephone kiosk by the Leon café, a voice called her from behind. At first she didn’t recognise it and she felt her stomach turn and the muscles in the side of her neck stiffen, but then she realised it was James and she relaxed. ‘James, I was … I thought it was somebody else.’

  ‘Don’t worry, I’m not your phantom stalker. Are you going back to chambers?’ he said.

  ‘Yes. And you?’

  ‘Yes, I’m rather hoping some money will have turned up.’

  ‘Not you as well. I suppose it’s the tax bills arriving. Always a problem. I don’t know about you but I always seem to spend my fees twice – when I’m doing the trial and then when I actually get the money.’

  James laughed. They continued walking in a companionable silence. Cassie’s thoughts returned to Delaney; he seemed to have invaded her life. She was determined not to think about him and the Sadler case so she concentrated on observing the street scene. She noticed the sign above the Punch public house, a gold profile of the character holding his truncheon aloft. A few doors along she saw the three gold balls of a pawnbroker’s, next to a sign proclaiming they were pawnbrokers of distinction. She wondered how long there had been a need for them so close to the Temple and what the phrase meant. She asked James whether he thought some of their colleagues used pawnbrokers. ‘I’ve never heard anyone say they did,’ said James, ‘although I can see some might if their fees haven’t been paid for a while.’

  ‘It says pawnbrokers of distinction. Do they only deal with people of distinction or only lend money against objects of distinction? Whichever, it would rule me out.’

  James laughed. ‘At least you’ve not lost your sense of humour.’

  Retreating into her own thoughts she looked into an optician’s window and smiled at the large poster displayed there. She wondered how long it would be before she needed glasses; her eyes were often sore from so much time spent under artificial lighting.

  As they drew level with the faded sign of the three squirrels outside Goslings Bank, she heard James’s voice as if it was coming through water, asking her something about accounts. She shook her head as if to shake out fluid from her ear. ‘Sorry, I was miles away. You were saying?’

  ‘I hear there is some sort of disagreement between Eleanor and Richard. Do you know anything about it?’

  ‘You’ve been talking to Stephen – he always knows all the gossip. But, no I don’t. Eleanor does think we should do more to curb chambers’ expenses, but she can’t get Richard to even think about it.’

  ‘She’s right, isn’t she? Fees seem very low and the delay in getting the money adds to the problems. I’ve heard some talk of rent not being paid.’

  ‘I’m not surprised. Sometimes there are delays in payment and people have mortgages and tax bills to pay. We could do with some tightening up of fees collection. Eleanor really wants to change the whole clerking arrangements. Richard and a few others like the way it is. I’m not getting embroiled in the dispute between them. The real problem is Jack. Richard will protect him from Eleanor. She thinks Jack hasn’t done enough to get her work. We’ve been here before and what usually happens is she’s instructed in some big case and she hasn’t the time or energy to continue fighting. At least for a while. Anyway, enough of that,’ she said as she pushed open the door into the clerks’ room.

  There was an unnatural silence as they entered and an unusually large number of members of chambers were standing by the pigeonholes with their backs to the rest of the office. As she walked across to her own, she caught the sound of Jack arguing with somebody. She pulled out the bundle of papers and letters that had accumulated, at the same time straining to hear what was being said. It was difficult, but Jack sounded angry. She caught a few words but thought he was telling whoever was on the other end of the phone that there was nothing he could do. He looked up towards where she was standing and threw the phone down on his desk. His face had reddened and his eyes were a flinty grey. She inspected the contents of her pigeonhole; there were a couple of additional instructions for a mortgage fraud, some circulars from law publishers, an invitation to the South East Circuit dinner and a couple of letters. She turned the envelopes over in her hand; one had the address of her bank on the back but the other was unmarked. As she began to walk out onto the stairs, she opened the mysterious envelope. Before she could look at its contents Jack called out to her, asking her how the trial was going.

  ‘Not too bad, it’s early days. It’s what happens when Marcus Pike starts on the defendant. It won’t be a pretty sight, I’m …’ She pulled from the envelope a postcard showing a painting of The Rape of the Sabine Women. She turned the card over and on it was the typed message: ‘It happens all the time. Delaney’. She stuffed it back into the envelope and forced her mouth into a grin. ‘Not a pretty sight, I’m afraid.’

  ‘Are you alright?’ Jack said, getting out of his chair and walking over to her. He took hol
d of her shoulders and held her. She tried to avoid his gaze as scrutinised her face.

  ‘I’m fine, really. Rather tired of holding the dogs of prejudice at bay.’

  ‘There’s some new instructions for you. You’ll get the download soon. It’s a good case at Southwark – probably last six months. You’re leading with Mike Harris as junior.’

  ‘When’s it due to start?’

  ‘The date hasn’t been fixed yet, but at least six months away. Plenty of time to prepare.’

  ‘I’ll need some time out of court to work on that,’ Cassie said.

  ‘I’ll see, but you can’t turn down good work when it comes in.’

  ‘I need a life of some kind, Jack. Anyway, what’s this meeting about tomorrow?’

  ‘I’m sworn to secrecy, Miss Hardman, sworn to secrecy.’

  She knew that meant he had no more idea what the meeting was about than she did. She shook her head at him.

  ‘When will Montgomery end?’

  ‘Jury should go out Tuesday. Don’t fix anything, I’d like a day or two off. I think I might go home for a long weekend.’

  Jack sighed as he checked the onscreen diaries. She thought he was going to attempt to persuade her to start another case or do a list of sentences on the following Friday. She waited and made sure he marked her diary with the word ‘Away’. Great, she thought, she knew she needed a break and the Lake District was beautiful in summer. Amanda and her nephews would be on holiday and it would be good to spend some time walking with them in the countryside.

  ‘Could Mr Callan do a plea tomorrow morning? It’s not in your court, but next door,’ Hamish called out to her as she moved away from Jack’s desk.

  ‘I’d rather not. My client’s starting to give evidence tomorrow and I need a really good note of what he says.’

  ‘Ok, I’ll ask Mr Burnett.’

  ‘Ask me what?’ Stephen Burnett said as he walked into the clerks’ room.

  ‘There’s a plea in mitigation at the Old Bailey tomorrow: ten o’clock, Court 6. It’s a drug importation. Instructions will be here sometime after six.’