by Olly Jarvis
‘Is there any expert analysis of this film, Mr Kowalski?’ asked Skart.
‘We haven’t served anything, My Lord.’
‘Then be careful about commenting on what can be seen.’
‘Yes, My Lord,’ Jack replied, frustrated that he was getting nowhere.
‘Did anyone put anything in your clutch bag that night?’
Shifting uneasily, the witness looked across at McVey for assistance. On realizing none was forthcoming, she answered: ‘Possibly.’
Had Jack struck gold? His heart beat faster. ‘What do you mean, possibly?’
‘Do I have to answer that, judge?’
‘Yes, you do,’ Skart replied, ignoring the form of address.
‘Well, I did buy an E off someone.’
Not the answer Jack wanted, but it was something.’
‘Did you know that person?’
‘No, I can’t even remember him. He offered one to me. I never got round to dropping it.’
Jack’s mind was racing – was this true? ‘Did the police ever look in your bag, after the events of that night?’
‘Err, don’t think so. They never asked to.’
‘Why didn’t you mention this before?’
‘What’s it gotta do with me being raped?’
‘She does have a point, Mr Kowalski,’ observed Skart.
‘I’ll move on, My Lord,’ Jack replied, crushed at having reached a dead end.
Lauren’s back straightened, fortified by Skart’s intervention.
Chapter 42
A bewildered Timothy Smart sat in the dock.
‘Don’t know why he was even produced,’ His Honour Judge Finlay whispered to his clerk. ‘He’s got no idea what’s going on.’ Finlay surveyed his courtroom before giving judgement, noticing Lara, who avoided his gaze.
‘Having heard and considered the evidence of several eminent psychiatrists in relation to the defendant’s mental impairment,’ Finlay began, ‘I don’t propose to repeat their findings here, save to say that I am in no doubt that this defendant is unfit to plead. He is clearly unable to provide instructions to his legal team or raise an objection to any issue arising in these proceedings – in short he has no understanding of what is happening. There will, of course, have to be a trial of the facts, Mr Smith?’
‘Yes, Your Honour, it is listed on Monday,’ said Barry Smith, the CPS prosecutor.
‘Thank you, Mr Smith; this all seems very straightforward. A witness sees the defendant going into the address and his car is seen leaving a few minutes later?’
‘It is also caught by automatic number plate recognition going in the direction of his parents’ address,’ added Smith. ‘And evidence of an accelerant in his car.’
Finlay scrolled down on his laptop. ‘That’s where the defendant was arrested, and where he had just been bailed to?’
‘That’s correct, your Honour.’
‘Who is conducting the trial for the Crown?’
‘I will be led by a QC, Your Honour. That’s being finalized as we speak.’
‘Very good. Trial ready, Mr McDonald?’
Defence barrister Bill McDonald was a wiry individual with a grey goatee. His ripped gown and yellowed wig, stained from cigarette smoke, made him seem older than his sixty years. Clearing his throat with a deep, guttural cough, he got to his feet. ‘Yes, Your Honour, we’re ready. I won’t have many questions.’
‘Well, you are entitled to test the evidence.’
‘That I will, your Honour, that I will,’ McDonald replied, followed by another cough. He retook his seat.
Behind him, Lara and Dobkin exchanged concerned glances. Even someone like Timothy Smart was entitled to a fair trial. Maybe he was just keeping his powder dry?
‘Very well, Monday it is, gentlemen,’ said Finlay. ‘Mr Smart, can you hear me?’ He said slowly. ‘Your trial will be on Monday.’
Seeming to understand that he was being addressed, Smart stood up and clasped his hands together.
‘Do you understand, Mr Smart?’
The defendant shuffled forward to the dock rail. ‘Not even the father judges anyone, he has given all judgment to the son.’
‘Yes, I see. Take him down.’
Chapter 43
Jack’s cross-examination was in danger of losing all momentum. Lauren Riley’s failure to recollect details due to drink and her acceptance of some minor points prevented Jack from making any real inroads.
He decided to move on to events at the Hilton. ‘When you were back at the hotel room, did you drink champagne?’
‘Err, yes, I think so.’
‘So, Mr Nowak ordered it on room service?’
‘Probably, I can’t really remember.’
‘You gave the jury the impression that the defendant started kissing you as soon as you got into the room, but actually there was a period where you waited for, and then drank, champagne?’
‘Probably,’ she replied, making light of the discrepancy.
‘You keep saying “probably”. Does that mean yes?’
‘It means probably, I can’t remember exactly, I were mashed.’
‘But you remember the rape?’
‘Yes.’
You remember him kissing you and then biting you?’
‘Yes.’
‘And that you told him to stop?’
‘Yes.’
‘And then him ripping your dress off?’
‘Yes.’
‘Against your will?’
‘Yes.’
‘Could the usher please hand the witness a copy of her witness statement.’
Jack waited for the usher to carry it over to the complainant. He had to make this good; it was his best point. ‘Please turn to page 4, Miss Riley.’
The witness thumbed her way through the pages, then stopped and began to read to herself.
‘You made it quite clear to the police that you were fully consenting until after your dress was off.’
‘I can’t remember.’
‘Can’t remember what you said, or can’t remember what happened in that hotel room?’
The courtroom fell silent.
‘Well, err.’ Her voice trailed off. ‘I’m confused. I thought he pulled my dress off.’
‘Is it possible you took your dress off, and not the defendant?’
Lauren ran a finger over the line in the transcript. ‘If that’s what I told the police, then—’
‘Then, as that was taken the next day, when things were fresh in your mind?’
No response.
‘Do you remember a police officer went to your house because you didn’t want to go to the suite to be video interviewed?’
‘I just wanted to be at home.’
‘And if that’s what you told them, isn’t that what must’ve happened?’
‘I suppose so.’
‘And in taking your dress off you were expecting to have sex?’
‘Yes, but I changed my mind,’ she insisted, ‘when he started biting me and then shoving me onto the bed.’
‘Why give this jury a different story this morning?’
‘I don’t know, I got that bit wrong. I’m telling the truth though, he raped me.’ She broke down.
Jack had to forge on. ‘The truth is, you wanted to have sex with the defendant, and that’s what you did.’
‘No.’
‘You asked him tie you up because that’s what you wanted?”
‘No,’ she repeated.
‘You said “yes” and “deeper” after he penetrated you?’
‘That’s not what happened.’
‘When it was over, he didn’t say anything, did he?’
She paused, taking in the change of tack. ‘That’s right.’
‘Eventually he asked you to go?’
‘No, I left.’
‘But he had treated you like you were nothing?’
‘Yes.’
Jack paused. ‘Were you angry that he’d used you for sex then discarded
you?’
‘No.’
‘Is that why you made up this allegation that he raped you, as revenge, or to teach him a lesson?’
‘No.’
‘No further questions.’ Jack flopped back into his seat, relieved that he’d at least made some headway.
Statham leaned forward and grabbed the top of Jack’s gown, pulling him backwards. ‘You can finish her with the previous boyfriends.’
‘It’s too risky,’ Jack whispered. ‘If it goes wrong, it’ll cost us the case.’
McVey was already up to re-examine.
‘Put it,’ Statham demanded.
Reluctantly, Jack got back up. ‘My Lord, there’s a matter I neglected to put.’
Skart huffed at the indecision. ‘Very well, he replied, ‘but make it quick, she’s been cross-examined for long enough.’
‘Yes, My Lord.’
Jack turned to Lauren Riley. ‘Miss Riley, do you know someone called Kevin Seddon?’
‘Kevin Seddon?’ she replied, taken aback. ‘Yeah, what’s he gotta do with this?’
‘You had a sexual relationship with him last year?’
‘For a few months. I dumped him.’
‘You enjoyed bondage during sex with him, didn’t you?’ Jack cringed as the words came out.
‘Bondage? You’re jokin’ aren’t ya?’ Her surprise appeared genuine. ‘Unless you count him buying some handcuffs from Ann Summers on Valentine’s Day. We messed around with them one night. Weren’t my thing.’
‘It was more than that, Miss Riley?’
‘Bullshit. If he’s saying anything about me, it’s because I finished it when I found out he’d been seeing a fifteen-year-old girl. He got done for it.’
McVey immediately swiveled round and whispered to her solicitor.
Caught out, Jack had no choice but to move on. ‘And what about Tyrone Francis? Were you in a relationship with him?’
‘Tyrone? Never been out with him, but I know him,’ she laughed. ‘He’s a smack’ead off my estate. He’ll say anything. I saw him burgle our neighbour’s house once. I gave a statement and he got twelve months for it. He hates me.’
Jack could see the jurors smirking at each other, delighted at how defence counsel had fallen flat on his face. Lauren Riley stood triumphant, ready for the next attack.
Jack knew that to put more details of the alleged sexual conduct would only make matters worse. His only option was to sit down.
McVey was up in a flash, going over Jack’s character attack with the witness, methodically pulling his assertions to pieces.
The inconsistencies over the dress were long since forgotten.
Chapter 44
The others were already in the conference room arguing when Jack arrived for the day’s to debrief.
‘I should have listened to Mr Kowalski,’ said Nowak, waving a finger at Statham. Even he could see the effect of his solicitor’s tactic. ‘It was going well. Why?’
‘It went well,’ insisted Statham. ‘The jury got to hear about the kind of people she associates with.’
Unconvinced, the young footballer collapsed into a chair and put his hands over his face.
‘It was a bad call, Des, you gotta accept that,’ said Boswell, turning on Statham for the first time. ‘But it’s not over yet, right?’ he added, looking over at Jack.
‘No, it’s not.’ Jack replied, crouching down and pulling one of Nowak’s hands away from his face. ‘You need to forget about today. Tomorrow you’re in the box, and then speeches, because I won’t be calling those defence witnesses. We both need to stay focused.’ Jack half expected a protest from Statham, but now, even he knew that avenue was closed.
‘Stay strong, OK?’ This was the first time Jack saw Nowak for who he was – little more than a child.
Boswell rested a hand on the boy’s back. ‘Come on, son.’
Nowak managed a slight nod in acknowledgement of Jack’s advice.
‘Make sure you read through your police interview again tonight, and I’ll see you tomorrow.’
Jack decided to leave them to it. He wasn’t Nowak’s nanny, after all – that was Boswell’s job, and he was under enough pressure without having to watch his client unravel.
He tried to clear his head as he got changed, but it was hopeless. Nowak, Natasha’s mother, Gary Dixon disappearing, would he even finish with Nowak in time to do Dixon’s trial? At least he was meeting Lara in a few minutes, but when would he get time to prepare for the following day?
Chapter 45
Lara was reading a file at one of the wooden tables outside the Oasthouse. ‘You OK?’ she asked, as Jack approached. ‘Look like you’ve got the weight of the world.’
‘I’m OK,’ he lied. ‘Think I’m going to lose this rape.’
‘Maybe that’s the right result?’
‘Maybe it is,’ Jack replied, trying to detach himself. ‘How was Smart?’
‘Bonkers.’ She always knew how to make him smile.
‘Not sure about our barrister though, doesn’t seem that interested.’
‘What can he do except go through the motions? Everyone knows Smart did it.’
‘Suppose so.’ She sighed. ‘Judge Finlay’s trying it.’
‘Is that bad?’
‘We had a thing.’
Jack reeled. ‘His Honour Judge Finlay?’
‘Yes.’
‘Why didn’t you tell me?’
‘I was embarrassed. It’s not something I’m proud of.’
‘But—’
She cut him off: ‘I’ll tell you about it someday.’
‘Are you still seeing him?’
‘No.’
He tried to read Lara’s face. So much was still a mystery. He realized he didn’t need to know more, though: just being with her was enough. ‘So, are we off to see Jammer then?’
She stuck the file into her bag and got up, looping an arm through Jack’s. ‘Thanks.’
‘What for?’ he asked.
She squeezed tighter and nudged him. ‘Just thanks.’
They made their way up Bridge Street, then queued for a cab in Albert Square.
Jack began to relax, enjoying feeling almost like a couple.
‘That’s her,’ said Jack, pointing across the road at a woman coming out of Dutton’s and turning left towards Cross Street.
‘Who?’
‘Lauren Riley. She was probably having a drink to get over my cross.’
‘Not what I imagined,’ said Lara.
‘Oh my God!’ exclaimed Jack.
‘What?’
‘It’s the bloke from Ambro’s, the one on the CCTV.’
The man stood in the entrance for a moment, checked his phone, then crossed over into the Square.
‘I knew it,’ said Jack. ‘He must’ve just met her.’
‘So what you gonna do?’
‘What can I do? Lauren’s finished her evidence, and besides, I’ve got no idea who he is.’
‘Then we’ve got nothing to lose,’ said Lara, pulling him by the hand. ‘Let’s see where he goes.’
‘What? We can’t do that.’
‘Why not? Come on.’
Before Jack had time to think it through, they were following him down the side of the Town Hall and up Princess Street, periodically hiding in doorways. The man waited at the lights, then crossed over Portland Street. He took a left up Canal Street and into the Gay Village.
They walked past groups of people sitting at tables by the canal. Couples drinking in the afternoon sun looked up from their pints at the young lawyers.
Jack felt conspicuous. Could people tell they were following someone?
They sped up, having lost sight of the man among the crowds ambling down the cobbled street. ‘There he is,’ said Jack, on seeing the man stop and check his phone again outside Queer. They watched him go over to a table and speak to a man drinking a pint by the canal. After a brief discussion their target went inside.
They waited, but the man didn�
�t reappear. They decided not to go in, for risk of being spotted. ‘I think I know the man outside,’ said Lara, edging forward to get a better view.
As his features became clearer, Jack recognized him too: ‘It’s Jim!’
‘You’re right,’ said Lara. ‘It’s Jim Smith.’
‘What could he have to do with this?’
‘Maybe nothing,’ Lara replied. ‘Could be he’s investigating a story, something unrelated.’
‘I don’t know,’ sighed Jack, disappointed that his friend could somehow be involved.
‘He’s a mate, been good to both of us. Why don’t you ask him?’
‘I’m not sure I want to know the answer.’
‘You can’t sit on this, Jack.’
‘I know, I know. Come on, let’s go before he sees us. I need time to think.’
They set off the way they had come and flagged down a cab on Portland Street. Jack kept shaking his head in disbelief. ‘Why did it have to be Jim?’
‘You don’t know anything yet,’ reasoned Lara. ‘You have to trust your instincts about the guy. Ask him.’
She was right: it was his only option.
Chapter 46
At the garage the shutters were still up, but everyone had gone.
Jack and Lara could hear raised voices coming from the office as they weaved their way past tyres and parts piled up around the cars.
Jammer came into view through the glass panel, arguing with a younger man.
‘Everything OK, Jammer?’ asked Lara as they walked in.
Both men stopped speaking.
‘I was just leaving,’ said the visitor, his aggression still visible.
‘This is Jermaine Dixon, Gary’s brother,’ explained Jammer.
‘Oh, right,’ said Lara, seizing her opportunity. ‘Do you know where he is?’
He gave her a cursory glance, then said: ‘Piss off,’ before storming out.
Jammer sat down at his desk. ‘He knows something, the lil ’ras clot’.
‘What’s a “ras clot”?’ asked Jack.
‘Arse cloth – arse wipe,’ explained Lara.
Jack felt a fool for his ignorance.
‘Jermaine knows what?’ asked Lara
‘I dunno, just a feeling,’ said Jammer.