‘Did he give you a description of the man?’
‘May I refer to the notes I made at the time?’ asked Clarkson, turning to the judges.
Lord Justice Arnott nodded and Clarkson opened a small black pocketbook and turned several pages before he continued. ‘The cabbie said he was around five eight, dark hair, and could have done with losing a couple of stone. He also said that he’d put money on him being Greek or Turkish.’
‘What made him think that?’ asked Sir Julian.
‘The cabbie did his national service in Cyprus at the time of the uprising, and was fairly confident he recognized the accent.’
‘Did you report this conversation to DI Stern?’
‘I did, and he wasn’t best pleased. But he said he’d visit the Admiral Nelson and check the story out.’
‘And did he discover who the mystery man was?’
‘Yes, he did. But he told me that the man had a cast-iron alibi. He’d been in the Admiral Nelson at the time of the murder, which the landlord confirmed, as did several other customers who’d also been in the pub at that time. In any case, Stern reminded me, we had a signed confession, so what more did I want?’
‘So you didn’t follow up that line of inquiry?’
‘No, I didn’t. After all, DI Stern was the senior officer on the case, and I was just a rookie constable not long out of probation, so there wasn’t a lot I could do.’
‘And there’s no paperwork to prove that DI Stern visited the Admiral Nelson pub, or interviewed the so-called mystery man.’
‘DI Stern didn’t care much for paperwork. Said he believed in nailing criminals not filing them.’
‘I understand you weren’t called to give evidence at Mr Rainsford’s trial?’
‘No, sir, I was not. And when Rainsford was convicted, I assumed DI Stern must have been right all along. That was until I read about Rainsford’s appeal in the Daily Mail, and began to wish I’d interviewed Mr Fortounis at the time, and not left—’
‘Vasilis Fortounis?’ said Arthur, leaping up from his chair in the dock.
‘Yes, I’m pretty sure that was his name,’ said Clarkson.
‘His daughter was Gary Kirkland’s secretary,’ shouted Arthur.
‘Sir Julian, restrain your client before I do,’ said Lord Justice Arnott firmly.
Arthur sat back down, but began waving frantically in Sir Julian’s direction.
‘I think this might be an appropriate time for a recess, Sir Julian, as it is clear that your client wishes to consult you. Shall we reconvene in an hour?’
THE CROWN V. FAULKNER
‘Members of the jury,’ said Mr Justice Nourse, ‘you have heard the arguments presented by both learned counsel, and it is now my responsibility to sum up this case dispassionately and without prejudice. It will be up to you, and you alone, to decide if Mr Faulkner is guilty or not guilty on the three counts brought against him on behalf of the Crown.
‘Let us consider each one in turn. Firstly, did Mr Faulkner steal a painting by Rembrandt from the Fitzmolean Museum? Do you feel that the Crown produced sufficient evidence to prove its case beyond reasonable doubt? If not, you must find for the defendant. And secondly, if Mr Faulkner was not directly involved in the theft, was he nevertheless a party to it? You must make your decision based solely on the facts presented in this courtroom.’
Faulkner allowed himself a brief smile, while Booth Watson sat back in his place, arms folded, aware that the judge hadn’t yet reached the least convincing piece of his client’s evidence.
‘Then there is the charge that Mr Faulkner knowingly purchased the stolen painting, as claimed by his wife. Although Mr Faulkner produced a copy of the Rembrandt, you must ask yourselves how long the original had been in his possession.
‘Are you inclined to believe Mr Faulkner’s testimony that he visited Naples, and attempted to make a deal with the Camorra to purchase the painting for one hundred thousand dollars, with the sole purpose of returning it to the Fitzmolean? And do you think it likely that the Camorra initially turned his offer down, but turned up with the picture some time later at Mr Faulkner’s home in Monte Carlo, and demanded the hundred thousand dollars? This, despite the fact that Mr Faulkner told us that in his experience,’ the judge glanced down at his notes, ‘the Camorra rarely stray beyond their own territory.
‘And did you find it credible that one of these men, who never spoke to him when he was in Naples, threatened to cut the throats of the six Syndics, and then Mr Faulkner’s throat, if he didn’t pay up? Or do you consider that might be one embellishment too many? Only you can decide who to believe – Mr or Mrs Faulkner – because they can’t both be telling the truth. However, you must also ask yourselves if Mrs Faulkner’s evidence can be relied on, as she admitted quite openly that she was attempting to remove all of her husband’s artworks from their homes in Monte Carlo and Limpton Hall, while he was in Australia, and I have no doubt she would have sailed on to New York to carry out the same exercise, had her husband not intervened. And finally, members of the jury, you must take into consideration the fact that the defendant has no previous criminal record.
‘Members of the jury,’ he concluded, looking directly at the five men and seven women, ‘once you have considered all the evidence you must be sure of guilt beyond reasonable doubt before you can convict. If you are not sure, you must acquit. So please take your time. If, during your deliberations, you should require assistance on any matter concerning the law, do not hesitate to return to this courtroom, and I will do my best to answer your questions. The bailiff will now accompany you to the jury room, where you can begin your deliberations. Please take your time considering all the evidence before you reach your verdict.’
THE CROWN V. RAINSFORD
‘Sir Julian.’
‘My Lords. I am grateful to have been given the opportunity to consult with my client, and would request that the court recall Mr Stern, and also subpoena Mr Vasilis Fortounis, as the defence would like an opportunity to question both of them under oath.’
‘I will grant your request, Sir Julian, and suggest that we adjourn until tomorrow morning, by which time I hope the bailiff will have been able to locate both of these gentlemen.’
‘Thank you, m’lud,’ said Sir Julian, trying to sound convinced.
All three judges rose from their places, bowed and left the court.
‘I can’t wait for tomorrow,’ said Beth.
‘Don’t get your hopes up,’ said Grace, as she gathered her files. ‘Stern and Fortounis will be well aware of what happened in court this afternoon, and I don’t suppose either of them is currently heading in the direction of the Strand.’
THE CROWN V. FAULKNER
‘You wish to seek my advice?’ said Mr Justice Nourse after the jury had filed back in and resumed their places.
‘Yes, Your Honour,’ said the foreman of the jury, a distinguished-looking gentleman wearing a charcoal-grey double-breasted suit and a Cavalry tie. ‘We’ve been able to reach a verdict on the first and second counts, but are divided on the third, that of receiving stolen goods.’
‘Do you think it would be possible for you to deliver a majority verdict upon which at least ten of you are agreed?’
‘I think so, Your Honour, if we were allowed a little more time.’
‘In that case we will take an early recess, and reconvene at ten o’clock tomorrow morning, to allow members of the jury time to sleep on it.’
Everyone in the court rose and bowed. Mr Justice Nourse returned the compliment before leaving his domain.
‘Don’t you sometimes wish you could skip twenty-four hours and find out what’s going to happen?’ said William.
‘You won’t when you’ve reached my age,’ replied Hawksby.
33
THE CROWN V. RAINSFORD
‘SIR JULIAN, YOU may call your next witness.’
‘I am unable to do so, m’lud. Although subpoenas were issued yesterday as you directed, the court’s ba
iliff has been unable to serve writs on either Mr Stern or Mr Fortounis.’
‘Then we will have to wait until they have been served,’ said the judge.
‘That might not be for some time, m’lud.’
‘What makes you think that, Sir Julian?’
‘I’m told that Mr Fortounis returned to his home in Nicosia a few days before the trial opened, and has not been seen or heard of since.’
‘Who is the source of your information?’
‘The proprietor of the Admiral Nelson public house in West Ham Grove, where he was a regular.’
‘And Mr Stern?’
‘It appears that he flew out of Birmingham airport late last night.’
‘Let me guess,’ said the judge, ‘also on a flight bound for Nicosia.’
‘And as he’d booked a one-way ticket, the bailiff may have some difficulty in enforcing your edict, and as I’m sure you are aware, m’lud, Britain has no extradition treaty with Cyprus.’
‘Then I shall issue a directive that Mr Stern’s assets will be seized, and that he will be arrested should he ever set foot in this country again. I suppose it’s too much to hope that like Bolingbroke, banishment will prove an even harsher punishment for him than incarceration.’
No one offered an opinion.
Mr Llewellyn rose from his place. ‘May I approach the bench, My Lords?’
Lord Justice Arnott nodded. Mr Llewellyn and Sir Julian walked to the front of the court to join their lordships. They spoke in hushed voices to the three judges for some time before Lord Justice Arnott raised a hand and began conferring with his colleagues.
‘What are they talking about?’ Beth whispered to Grace.
‘I have no idea. But I suspect we’re about to find out.’
THE CROWN V. FAULKNER
‘Will all parties involved in the Miles Faulkner case please go to court number fourteen,’ boomed out a voice over the tannoy, ‘as the jury is about to return.’
Several people who’d been standing around in the lobby stopped chattering, while others stubbed out cigarettes before making their way quickly back to the courtroom. William joined Commander Hawksby, DCI Lamont, lawyers, journalists and the simply curious, as the bailiff led his charges into court to resume their places in the jury box.
Once they had all settled, the clerk said, ‘Will the foreman please rise.’
The foreman rose from his place at the end of the front row.
‘Have you reached a verdict on all three counts?’ asked Lord Justice Nourse.
‘We have, Your Honour,’ replied the foreman.
The judge nodded to the clerk of the court.
‘Mr Foreman, do you find the defendant, Mr Miles Faulkner, guilty or not guilty of the theft of a Rembrandt painting entitled The Syndics of the Clothmakers’ Guild from the Fitzmolean Museum in London?’
‘Not guilty, Your Honour.’
Faulkner allowed himself a smile. Booth Watson showed no emotion. William frowned.
‘And on the second count, that the defendant was an accomplice in that theft. How do you find the defendant, guilty or not guilty?’
‘Not guilty.’
Lamont cursed under his breath.
‘And on the third count, namely that of receiving goods that he knew to be stolen, namely the said painting by Rembrandt, how do you find the defendant, guilty or not guilty?’
‘By a majority of ten to two, Your Honour, we find the defendant guilty.’
Loud chattering erupted in the well of the court, and several journalists rushed out to grab the nearest available phone and report the verdict to their news desks. The judge waited until the court had settled before turning to the prisoner.
‘Will the defendant please rise,’ said the clerk.
A less confident figure rose slowly in the dock, stumbled forward and gripped the railing to steady himself.
‘Miles Faulkner,’ said the judge gravely. ‘You have been found guilty of receiving stolen goods, namely a work of art of national importance. Because of the seriousness of your crime, I wish to spend a few days considering what punishment is appropriate. I shall therefore delay passing sentence until next Tuesday morning at ten o’clock.’
‘What’s he up to?’ said Hawksby as Booth Watson heaved himself to his feet.
‘My Lord, may I request that my client’s bail be extended until that date?’
‘I will allow that,’ said Mr Justice Nourse, ‘on the condition that he hands in his passport to the court. And I am sure, Mr Booth Watson, that you will spell out the consequences to your client should he fail to appear before me in this courtroom next Tuesday morning.’
‘I will indeed, Your Honour.’
‘Mr Booth Watson and Mr Palmer, would you be kind enough to join me in my chambers.’
‘What’s he up to?’ repeated the commander.
THE CROWN V. RAINSFORD
The courtroom was packed long before Lord Justice Arnott and his two colleagues made their entrance at ten o’clock the following morning.
Lord Justice Arnott placed a red folder on the bench in front of him and bowed to the court. He then took his place in the centre chair, rearranged his long red gown and adjusted his spectacles before opening the folder and turning to the first page.
The courtroom had fallen so silent that he had to look up to make sure they were all in attendance. He peered down at the expectant faces and then at the prisoner in the dock before delivering his final judgment. He felt sorry for Rainsford.
‘I have in my life as a judge presided over many cases,’ Arnott began, ‘and in each one I have attempted to remain detached and emotionally uninvolved, so as to ensure that justice is not only done, but seen to be done.
‘However, I fear that in this case, I did become emotionally involved. It became clear to me after hearing Mr Stern’s evidence, that an injustice might have been done. That feeling was reinforced when Professor Abrahams brought his expertise to bear on this case. I and my colleagues were finally persuaded of this during the cross-examination of Detective Sergeant Clarkson, whose frank and honest evidence was a credit to his profession.
‘Although the real perpetrators of this crime may never be apprehended, I am in no doubt that Arthur Edward Rainsford was falsely charged with the murder of Gary Kirkland, his friend and business partner. I therefore order that the verdict of the original trial be overturned.’ A cheer went up, which only died down when the judge frowned, making it clear he hadn’t finished. ‘A judgment of this type should never be taken lightly,’ he continued. ‘I do not consider the jury at the original trial is to blame for the verdict it reached, as they took a detective inspector’s word at face value, and because of that man’s duplicity, they were never allowed to consider the missing page from the statement Mr Rainsford gave to the police on the evening of his arrest, with the result that a grave injustice was done to an innocent man. It gives me considerable pleasure not only to release the prisoner, but to make it clear that there never was, and never should have been, a stain on this man’s character. Mr Rainsford, you are free to leave the court.’
Beth and Joanna Rainsford were among the first to leap in the air and applaud as the curtain finally came down. However, the gesture that Arthur would remember long after all the fury of battle had subsided came when Mr Llewellyn left his place on the Crown’s bench, walked across to the dock and shook hands with the defendant. Arthur had to bend down to hear his words above the clamour of the crowd.
‘For the first time in my life, sir,’ whispered Llewellyn, ‘I am delighted to lose a case.’
Mr Justice Nourse took off his gown, discarded his wig and was pouring himself a glass of malt whisky when there was a knock on the door.
‘Enter,’ he said. The door opened, and Booth Watson and Palmer joined him in his den.
‘While I’m doing the honours, can I get you anything, BW, Adrian?’
‘No, thank you, Martin,’ said Booth Watson as he took off his wig. ‘I know you won’t
believe this, but I’m still trying to lose weight.’
‘Adrian?’
‘Yes please, judge,’ said Palmer. ‘I’ll join you in a malt if I may.’
‘Do sit down, both of you,’ said the judge as he handed prosecuting counsel his drink. He took a sip of whisky, and waited for them both to settle before he spoke again. ‘I wanted a private word with you, BW, but I felt Adrian should be present so that no misunderstanding could arise at a later date.’
Booth Watson raised an eyebrow, which he would never have considered doing in court.
‘I’m curious to know if your client is serious about his intention to donate his Rubens to the Fitzmolean?’
‘I have no reason to believe he isn’t,’ said Booth Watson. ‘But if you feel it’s important, I could certainly find out and let you know.’
‘No, no. I was simply curious. And while you’re here, allow me to congratulate you both on the way you conducted your cases. I think you could fairly describe the result as a score draw.’
‘I don’t think my client sees it that way,’ said Booth Watson.
‘Perhaps he should have accepted my offer,’ said Palmer, draining his glass.
‘Dare I ask?’ said the judge.
‘The Crown would have dropped the charge of theft if he’d pleaded guilty to receiving.’
‘So the jury got it right,’ said Nourse, before taking another sip. ‘The other half, Adrian?’
‘Thank you, judge.’
‘And you, BW, are you sure I can’t tempt you?’
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