Deceit

by KERRY BARNES

A look of horror shot across her face. ‘What, now? I mean, has it already begun? What do I say?’

  He took her hand. ‘It’s just the plea. All you have to do is plead guilty to the charges and then you will come back until we call you again. Don’t be nervous. She is a good judge, actually, a very fair one.’ He squeezed her hand tighter, as she trembled.

  As soon as Kara was led up the stairs by two officers to stand in the dock, she felt her stomach turn over. The men and women of the jury, along with some of the other lawyers, were eyeing her over. She, however, was surveying the room and then searching the gallery. She had a sudden urge to see a familiar face, but there was no one she recognised, not one friendly spectator. There was only her legal team comprising Stuart, her barrister, and Alan Cumberbatch, her solicitor.

  An instant wave of sadness swept through like an ice-cold wind. Was she really so alone in this world? Just as she went to lower her gaze, the side door to the gallery opened, and squeezing in, past some random reporters, was a real sight for sore eyes. Rocky. He was brazen enough to wave and wink. She held his gaze and watched him with admiration as he sat there confidently surveying the court. He could have been a lawyer himself, dressed impeccably and with his mid-length hair tied back in a tiny ponytail. He was more handsome than when she’d first met him.

  Before she even had time to take it all in, she was sworn in, gave her plea, and was led away, back to the holding room. She slumped on the bench seat, with mixed emotions. Justin hadn’t even bothered to turn up, unless he’d been and gone. But, surely, if he had any feelings for her, he would have been here, in the courtroom? Rocky jumped into her thoughts; his big suck-me-in eyes and that very sexy wink had given her butterflies, and she admitted to herself that she was drawn to him. Whatever it was they had between them, be it nothing at all, she would take pleasure from it. Even if it was just a wink.

  An hour or so passed, leaving Kara racked with worry. If she were to get ten years in prison, how the hell would she cope? This wasn’t what life was supposed to be about. And what about her baby? Not being able to hold her hand on her first day at school, the nativity plays she wouldn’t see, the birthday parties she would miss – it was unimaginable. A ten-year-old wouldn’t know her from Adam, by the time she was released.

  She stroked her bump and shivered. Years inside, with just constant stress as company, was a hard thought to deal with. Just as her anxiety levels were almost at breaking point, her solicitor appeared. Unlike Stuart, Alan was his usual more aloof self. ‘It’s your turn to take the stand.’

  He nodded for her to follow him, and she did, escorted again by two court officers. As she reached the top of the wooden stairs to the witness box, she took a deep breath and looked around. Rocky was still there. He smiled again and gave her another wink. She wanted to smile back but Stuart had told her not to wave or smile to anyone.

  As Stuart had said, the judge was very nice and had a genial countenance about her. At the same time, she didn’t look as though she would suffer fools gladly. Initially, Kara had no idea what was going on. Various papers were passed back and forth between the judge and the lawyers, and then the former instructed Stuart to examine the accused.

  ‘Please tell the Court about the weeks leading up to the fire, in your own words,’ instructed Stuart.

  Kara had been told to expect this question, so she had her story prepared and reeled it off, beginning with the lack of concentration at work, the formal warning, and how Justin had conducted himself towards her. She was told to include how she felt and that part she found easy because she would never forget the day Justin walked out. She admitted to the court she’d taken huge doses of sleeping tablets but then came the description of how and why she started the fire.

  She looked at the judge and then at the jury. ‘I only remember how I was feeling. I don’t remember exactly what I did – it’s all a blur. After reading the letter, demanding that I was to move out, I could see Justin and his girlfriend in my home, changing the décor and living happily …’ She paused and wiped her eyes. ‘I hadn’t thought for one moment about the consequences, and I would never hurt anyone. I feel so terrible that I have harmed my innocent neighbour … I, er … I was angry, I was upset, I wanted to die.’ The words tumbled out and ended with Kara sobbing into her hands.

  The jury was with her, feeling her torture, and watching the refined young woman, with the neat bump and gentle eyes, beside herself with pain.

  ‘Do you need a moment, Miss Bannon?’ asked the judge, kindly, as she glanced first at Kara and then at the defence team.

  Kara shook her head. ‘I am sorry. It’s just so awful what I did and so unforgivable, that I can’t remember the details.’

  Stuart cleared his throat. ‘Miss Bannon, you discovered you were almost three months pregnant when you were in prison. Had you no idea at all?’

  She shook her head. ‘No, well, so much had happened. I was sick whilst in Papua New Guinea, and when I came back, I was sick again. But after a while, I assumed I had a bug and never thought anything of it. When Justin left me, I was so overwhelmed with grief that I naturally assumed the sickness was due to that or a prolonged tropical stomach infection. I had absolutely no idea I was pregnant. Nothing was further from my mind.’

  Stuart couldn’t have been happier with his client. ‘That’s all for now, Your Honour.’

  Jasper Bellingham, the barrister for the prosecution, was a younger man, mid-thirties, with a nervous disposition and a troublesome stutter. He would have been the laughing stock of the judiciary, if his somewhat lightweight adversarial skills weren’t trounced by his phenomenal record in achieving guilty verdicts. His red wavy hair and almost translucent skin were softened by his deep brown eyes.

  Looking Kara’s way, he genuinely smiled. Then his smile turned to a smirk. ‘Three months pregnant!’ It wasn’t a question but a mocking statement. Holding up a sheet of paper, he repeated, ‘Three months pregnant. Well, it seems unbelievable to me.’ He looked at the sheet of paper. ‘Here is a list of body changes at three months’ gestation. A gain in weight, sickness, sore breasts, cravings … quite astounding, wouldn’t you say? And an intelligent woman such as yourself would surely recognise the significance of these symptoms right away, would you not?’

  Unexpectedly, the judge called to dismiss that evidence. ‘That is not relevant. Every woman’s pregnancy is different. Members of the jury please take note that evidence of that nature is not permissible.’ She shot Bellingham a frosty don’t-mess-with-me-in-my-courtroom look. It was at that point, Stuart knew the judge had read all the evidence and had already made up her mind. Yet, it was down to the jury to decide whether or not Kara was guilty by diminished responsibility or just recklessness.

  Duly admonished, Bellingham cleared his throat. ‘Miss Bannon, it’s clear from your records that you are a well-educated woman, in science no less, and yet you expect us to believe firstly you didn’t know you were pregnant and secondly don’t remember burning down the house.’

  Instantly, the judge intervened again. ‘Is there a question there, or are you making a statement?’

  Stuart wanted to laugh, as he didn’t even need to say anything. But, notwithstanding the fact that the proceedings were finely balanced at best, Kara’s sad expression was speaking volumes. The judge’s interventions were putting pressure on the prosecution’s case, and the jury appeared to be showing some sympathy for the young woman on the stand.

  Stuart presented various cases that had set a precedent and crossed his fingers that these would be enough.

  As soon as it was time for the summing-up, Stuart knew exactly how Bellingham was going to play it. Even so, he felt he was one step ahead, pre-empting the prosecution’s final closing statements. The prosecution in this case was to go first.

  Bellingham strode with confidence over to the jury. ‘Ladies and gentlemen of the jury, the case before us today is by no means uncommon. Arson is a very serious offence and can result in death, but luckily fo
r Mrs Langley, she didn’t die but did spend a substantial amount of time in a hospital bed fighting for her life, and so we must assume that the emotional scars will live with her forever.’

  The jury was not engaged because Kara was in floods of tears. The judge asked for tissues to be passed to her. Bellingham coughed, now thoroughly irritated by the interruption. ‘I want you to imagine this was your mother, aunt, or daughter, blown six feet into the air, almost at death’s door, all because a young woman was so angry with her boyfriend, that she set fire to the house, just so that he could not live in it. She acted recklessly, selfishly, and didn’t care about the consequences. This letter that she was supposed to have received … Where is it?’ He flung his arms in the air. ‘I put it to you that there was no letter asking her to leave the house. She wanted to ruin her boyfriend’s life, and to that end, she dragged the petrol cans into the house and maliciously poured fuel over every piece of furnishing.

  ‘Members of the jury, she then struck a match, running for her own safety in the process, which is not the action of a woman with diminished responsibility. No, no, no, she would have burned to death herself, if that had been the case. Are we to believe she didn’t know she was pregnant, or is it not the case that these are the actions of a woman scorned? If we allow pregnant women or menstruating women to go around breaking the law because of their hormones, then, members of the jury, we will be giving free licence for most women at some point in their lives to carry any act of violence with impunity.

  ‘I put it to you that Kara Bannon was fully cognizant of her actions and is now using the diminished responsibility plea to have a lengthy sentence reduced.’ He’d said enough on a point of law. Stuart wondered if he’d done enough, though, to win any emotional battle with the female members of the jury.

  Stuart stood up and some members of the jury immediately sat a little straighter and became more engaged with the proceedings. The barrister for the defence was certainly more appealing, with his wide smile and confident walk. ‘So, we have heard the prosecution remind you that, yes, Miss Bannon’s case will set a precedent, but that, ladies and gentlemen, is how our justice system works in making laws current for society’s needs. It is ever-changing and quite rightly needs to be, or we will find ourselves hung, drawn, and quartered for stealing a loaf of bread.

  ‘We have to make a decision based on whether we believe Miss Bannon did this act deliberately, knowing the eventual consequences of her actions, with an intelligent clarity of mind. Imagine in a matter of days, her long-time partner walks out, leaving Miss Bannon for another woman, who is expecting his child. Then, through no fault of her own, she loses her job due to the effects of her own pregnancy. And, finally, she receives a letter stating she has to leave the property, her home, almost immediately – a letter, may I add, which was obviously burned in the fire and therefore could not be produced as evidence.

  ‘Just try to imagine all of that happening in literally the space of a few days. Yes, she admitted that she took too many sleeping tablets, and as an intelligent woman and a medically trained person, she would never have taken any medication unsuitable for someone who is pregnant. Of course, her hormones would play a huge part. Tormented with grief, pain, and fear, these would have exacerbated her emotionally fragile state, and so what you have is a young woman who lacked the ability to act rationally and who admits that she doesn’t remember actually setting the house alight.

  ‘So, members of the jury, if there is any doubt that she was of sane mind at that time, you cannot find her guilty of reckless arson. Reckless arson can carry a prison sentence of up to life imprisonment. I want you to bear that in mind when reaching your verdict.’ He smiled and looked over at Kara whose face was red and puffy from crying. The jury’s eyes followed his. That would be the last image they had in their minds before they fought it out among themselves as to her state of mind at the time she committed the arson attack.

  Before Kara was led away, she looked up at the gallery and noticed Rocky was still there. He was on the edge of his seat, but as soon as he clapped eyes on her, his face beamed, and he nodded as if to say, ‘you did well’.

  * * *

  Awaiting the final verdict was like sitting on a bed of nails. She couldn’t get comfortable. She knew that she could be painfully anticipating the verdict for some time, and as the hours passed, food and drinks were brought to her. Stuart popped his head in to say she would be escorted back into the courtroom when the jury returned. She took solace in the fact that his face looked upbeat.

  Finally, at three o’clock, she was called to the dock, escorted by the same two officers. Stuart was already in place, ready for the verdict. Again, Kara took a very deep shaky breath and walked the final steps up into the dock. Feeling sick with nerves, she glanced at the back of the courtroom where the public were seated. There were a few reporters, a couple of nosy people, and still there in the gallery was Rocky.

  Then, her eyes landed on a smartly dressed middle-aged lady. At first, Kara didn’t recognise her only because she never expected her to be there. Mollie was wiping her eyes and very subtly waving. Kara gave her an empathetic smile but was jolted out of her gaze by the court clerk asking the people present to rise as the court was back in session. Kara’s eyes moved to watch each member of the jury return to their seat. She studied their faces as they sat down, but she reached no conclusion as to the likely pronouncement due any minute now.

  She peered over again at Justin’s mother. Kara could see the grief written over Mollie’s face. She wanted to leave the stand and run over to her and to feel the warm embrace of the woman who would have been her mother-in-law. Kara noticed her quietly sob into a tissue and felt her own eyes filling up. Rocky slid across and placed an arm around the lady’s shoulder, handing her another tissue. She couldn’t make out what they were saying, but what did it matter now? In a few minutes, she would know if she was going back inside for a long time or a couple of years.

  Within a few moments, it was over. It took Kara a second or two to register the outcome, but Stuart was smiling wide, and she saw his shoulders relax.

  The judge, as Stuart had said, was fair.

  ‘The jury have found you guilty of diminished responsibility, and as this still remains a custodial sentence, I am sentencing you to four years and six months in prison.’

  Kara had no time to say anything. She was swiftly taken away.

  Chapter 16

  Lucy felt proud of herself. She’d managed to secure a bed on the ward until the consultant could discharge her. She looked up at the clock. It was five minutes past three. There was no way Justin could have reached the court in time to support Kara. She could imagine the look on Kara’s face, with no one there by her side, like she herself had been whilst growing up. The school plays, the sports days – she’d been all alone.

  The nurse had gone to fetch Justin, but Lucy was so determined to delay the drive back home, she hadn’t even noticed that there was concern on the faces of the medical staff as they carried out the scan. In fact, she didn’t even bother to look at her baby on the screen. Her eyes were firmly on the clock and her mind was on devising a story she would tell Justin if the nurse mentioned the due date that gave away the date of conception. She already had the lie figured, once the baby arrived – simply a premature birth.

  As soon as Justin arrived, she noticed he looked agitated. He held her hand, as he took a seat next to the bed. ‘The doctor will be along shortly. He wishes to talk to both of us.’

  Lucy didn’t like his sympathetic tone. Her eyes shot over to the nurse who also wore a face that said, ‘I feel so sorry for you.’

  ‘What is it, what’s going on?’

  Justin looked at the nurse for answers.

  The unease was cut short by the arrival of a very tall doctor, to the extent he had to stoop below the top of the doorframe as he stepped inside the room. He was reading through some notes, and then he peered over the top of his glasses and smiled. Both Lucy and J
ustin stared, waiting for the results of the scan. They watched, as he carried a chair across the room and sat just a foot away from the bed.

  ‘Has the pain stopped now?’

  Lucy nodded. ‘Yes, so what’s the matter? Everything is normal, isn’t it?’ She assumed it would be, because she’d only faked the pains.

  Dr Conway placed the notes on his lap and clasped his hands together. ‘Well, no, there is a concern with the baby’s growth and development. At this stage, there is nothing we can do, only wait and see. I suggest, however, that you maintain a good healthy diet and go back to your doctor in two weeks’ time. I will fax over the notes and your GP will refer you for another scan to ascertain if the baby is developing as he should or if there is an underlying issue.’

  He paused and waited for the floods of tears and endless questions, but to his surprise, Lucy didn’t seem at all bothered. Perhaps she didn’t quite understand what he was saying.

  ‘Doctor, what does this mean? Is our son at risk, or disabled, or what?’ asked Justin, with the fear of Christ in his eyes.

  ‘Well, at the moment, it appears that his organs are not the size we would expect at this stage.’

  Lucy was now cringing, concerned that the doctor would expose how far gone she really was.

  ‘But that is not to say they won’t develop to a satisfactory size. We need to keep an eye on things over the next few weeks. Please don’t be alarmed. The problem may well correct itself.’

  Justin looked at Lucy’s expression, but, unbelievably, he couldn’t read it.

  ‘There must be something we can do,’ Justin said. ‘Can you do some more tests to find out exactly what’s wrong?’

  The doctor nodded. ‘Well, we have blood samples, but at this stage, we don’t have the results, so I suggest you talk it over with your GP. He can organise further tests, after the second scan.’

  ‘Thank you, doctor,’ replied Justin.

  Dr Conway looked over at Lucy and found her disinterest strange. He made a mental note to write up his concerns, along with his findings.