Unconvicted

by Olly Jarvis

  A handsome young man, no more than thirty-five, stood in the entrance and looked heavenwards to admire the octagonal cupola. He knew the place well. After a deep breath, he walked up to the raised altar, where an elderly priest hunched over some candles, deep in contemplation.

  ‘Hello, Father,’ whispered the younger man.

  The priest turned his head, then, straightening, smiled. ‘Michael, you’re a long way from home.’

  ‘I thought I’d better come.’

  ‘Why’s that, then?’

  ‘It’s good place for a priest to make confession.’

  The old man seemed to understand. ‘Come.’

  Father Michael had sat in the confessional before, but today was different. A mixture of dread and nausea nearly overwhelmed him. For weeks, it had been coming in waves, getting stronger each day. He made the sign of the cross.

  ‘Father, forgive me, for I have sinned.’

  Chapter 60

  Jack looked out of the car window. Lights were turning on to meet the twilight. He stared at the Town Hall as they rounded Albert Square and sped off behind the universities. Just as he was starting to feel part of the city again, Jack was being pulled back down. An overwhelming lethargy washed over him. Maybe he was having a bad dream?

  No, this was real. ‘Can’t you tell me what’s going on?’

  ‘All in good time,’ Baker replied.

  Jack caught her expression in the rear-view mirror, her lips formed almost into a smirk.

  They pulled up into the pound, then – with an officer on either side – Jack was walked through to the custody suite and booked in.

  He recognized a couple of officers milling about. Were they hanging around to see the defence barrister being brought in?

  Once Jack had emptied his pockets and the custody record had been filled in, the sergeant said: ‘You can take him straight through for interview.

  Khan remained at the desk as Baker lead the way to the interview room with another plain-clothes officer. ‘The time is 19:42 hours. This interview is being conducted at Longsight police station. I am DS Baker and this is my colleague, DC James Jackson.’

  Baker’s younger colleague sniffed as his name was mentioned. She repeated the caution and reminded Jack of his right to a solicitor.

  ‘I don’t need one, I’ve done nothing wrong,’ Jack protested. ‘When are you going to tell me what this is all about?’

  ‘You were the barrister that defended Gustaw Nowak on an allegation of rape?’ Baker began.

  ‘Nowak?’ Jack asked, getting his first inkling of where this was going. ‘You know I was.’

  ‘And you cross-examined the complainant, Lauren Riley, during the trial?’

  ‘Yes.’

  ‘Have you ever seen her, other than in court?’

  ‘Erm, no… yes,’ Jack remembered. ‘After my first cross, in a bar on Albert Square.’

  Baker glanced at her colleague, who raised an eyebrow.

  ‘Did you speak to her?’

  ‘No, of course not. I’m sure she didn’t even see me.’

  ‘Any other times?’

  ‘No,’ he replied firmly. ‘Not unless you count seeing her from the robing room window after the case had been chucked?’

  The DS made a note.

  ‘Look, please, what’s this about?’

  Chapter 61

  Lara stood up, stretched her back and rubbed her eyes. She’d spent hours searching online for anything that might give a clue to how Arthur Ross’s address fitted into Dixon’s case. She was out of ideas. Unable to just sit around waiting to hear from Jack, she decided her only remaining option was to go to the house.

  She pulled up outside and picked up the case file from the passenger seat, hoping it would make her request seem more official. She didn’t have to wait long on the step before Dean Ross opened the door.

  ‘Good evening,’ he said, his eyebrows lifting in surprise.

  ‘I’m really sorry to bother you, Mr Ross, but I need to ask a big favour.’

  ‘Call me Dean,’ he said, leading her through the hall past stacks of cardboard boxes. ‘No sidekick tonight?’

  ‘No, just me,’ she replied. His question made her feel uneasy.

  ‘Good day in court for you, wasn’t it?’

  Lara couldn’t decide how to answer.

  ‘Is he going to get off?’ he asked, opening the fridge and thrusting a can of Foster’s in her direction. ‘Beer?’

  ‘No thanks, I’m driving,’ she replied, hovering by the kitchen door.

  ‘Come in, I won’t bite,’ he said with a grin, placing the offering on the chipped Formica worktop next to a few empty cans, then taking a last swig of his own. ‘So, what’s the favour?’ he asked, checking Lara out from top to bottom.

  Instinctively, she touched the collar of her blouse, making sure nothing was showing. ‘We think Dixon had a reason to come to this house.’

  ‘So, you accept he did it then?’

  ‘We just want to get to the truth,’ she replied, dodging the question. ‘I wondered if there was any paperwork I could take a look at, you know, on the house?’

  He opened another Foster’s and took a sip, then wiped his mouth. ‘Why should I help you?’ he asked, with a mischievous smile.

  ‘Don’t you want to know what really happened to your dad?’ she asked, pretending not to have noticed the overtone.

  He didn’t reply, then: ‘Let’s go upstairs?’

  ‘What?’

  He laughed. ‘There’s some stuff in the bedroom,’ he said, brushing past her.

  Lara suppressed a growing desire to lamp the guy and followed him upstairs. ‘Is this where he fell?’ she asked, on reaching the tiny landing.

  ‘Think so,’ he replied, opening the door to the bedroom.

  The dank air hit Lara’s nostrils. Apart from a duvet on the bed and a few toiletries on top of the chest of drawers, everything was in cardboard boxes.

  ‘All the important stuff has gone to the solicitors while they do the sale,’ he said, picking up a box. ‘But the bottom drawer was full of stuff. He never threw owt away.’

  Lara peered inside at a box full of papers, old receipts and other miscellaneous documents.

  ‘Go through ’em if you like. It’ll take you a while.’

  ‘Thanks,’ Lara replied, pulling the box towards her. ‘I’ve got to get going, so I’ll bring it back when I’m done?’

  His expression turned to one of disappointment. ‘Can’t you do it here?’

  ‘Sorry, I’ve got to go – but I’ll bring it back tomorrow night,’ she suggested, forcing a flirtatious smile.

  ‘Well, I—’

  ‘Really appreciate that,’ she said, moving out onto the landing.

  ‘All right then,’ he said, following her out. ‘But be careful carrying all that down the stairs.’

  Chapter 62

  ‘Lauren Riley has made a witness statement,’ explained Baker. ‘She claims you approached her and offered her money not to give evidence.’

  ‘What?’ Jack replied, feeling like he was going to throw up. ‘That’s a lie.’

  ‘We take any kind of allegation like this extremely seriously.’

  ‘But she’s obviously made it up, because of the way I cross-examined her.’

  ‘Trouble with that theory, Jack… do you mind if I call you Jack?’

  ‘No,’ Jack replied.

  ‘The trouble with that theory, is that she told prosecution counsel about the approach before she ever gave evidence.’

  ‘She named me?’

  ‘No, she didn’t know it was you until she saw you in court.’

  ‘That’s bullshit. When did she first come to you with this?’

  ‘This morning.’

  ‘So why didn’t she do it sooner?’

  ‘She was afraid she wouldn’t be believed. Understandable, after what she’s just been through.’

  Jack shook his head in disbelief. To think he’d actually felt sorry for he
r. ‘Are you going to tell me when and where this is supposed to have happened?’

  ‘Sunday evening, the night before the trial, on the Ordsall Estate.’

  ‘In Salford?’

  ‘Yes, you know it?’

  ‘Of course I do, but I wasn’t there.’

  ‘Did you follow her from her home?’

  ‘No.’

  ‘Did you know her address from the case papers?’

  ‘No, I’ve never seen her address, that would not be given to me.’

  ‘I see,’ said Baker.

  Jack couldn’t believe this was happening. ‘How can you take her word over mine?’ he protested.

  ‘Because you’re a barrister and she’s a prostitute?’

  ‘That’s not what I meant,’ Jack replied. ‘She’s got a motive to lie – revenge for my cross-examination.’

  ‘What about your motive?

  ‘I don’t follow?’

  ‘Winning a big case? Make your career, wouldn’t it?’

  ‘Come off it, I’m not going to risk jail just to win a case.’

  Oblivious to Jack’s protests, DI Baker shuffled through her notes. ‘Did Gylda McVey disclose to you that Lauren Riley had alleged someone tried to pay her off before giving evidence?’

  ‘Yes, of course, she had a duty to.’

  ‘And what did you think?’

  ‘What did I think?’

  ‘Yes, did you believe it to be true?’

  ‘I had no way of knowing.’

  ‘But what did your gut tell you?’

  Trapped by the question, Jack put his elbows on the table and ran his hands over his head. ‘I suppose I believed it.’

  ‘So you accept that part of her account might be true?’

  ‘I’m not disputing that someone may have offered her money, but I had nothing to do with it.’

  ‘So, if it wasn’t you, who was it?’ Baker asked

  Jack was at breaking point. ‘I don’t know,’ he replied, ‘but I swear to you, I didn’t do this.’

  Chapter 63

  Lara hooted as Jack left Longsight police station.

  He slumped into the passenger seat, let his head fall back and closed his eyes. ‘Thanks for coming.’

  ‘No problem, I was down this way anyway, at the Ross house.’

  ‘Did you turn up anything?’ he asked, trying to focus.

  ‘That can wait. What happened?’

  He sighed. ‘A stay of execution – bailed pending further enquiries.’

  ‘What are you supposed to have done?’

  ‘Offer Lauren Riley money not to give evidence.’

  ‘No!’ Lara scoffed. ‘She says it was you?’

  Jack opened his eyes. ‘Apparently. Let’s get out of here.’

  Lara battled with the ignition until the engine started. ‘How could they believe her over you?’

  ‘It’s procedure where the complainant is a rape victim. If the witness says it happened, it goes to the jury.’

  ‘Come on, Jack, they’ll never try you for it.’

  ‘I’m not so sure.’ He looked at Lara, his bloodshot eyes full of anxiety.

  Lara took her hand off the gear stick and touched Jack’s arm. ‘Maybe we can keep it quiet for a bit. I’ll do some digging.’

  ‘Digging?’ Jack replied. ‘I wouldn’t risk it. No one can speak to her or I’ll get done for something else. She’s lying, there’s nothing to investigate.’

  Lara knew he was right. ‘So why is she fitting you up?’

  ‘Spite. I reckon someone did try and pay her off, someone connected to Nowak. She’s just decided to put it on me.’

  ‘So what if we find out who that person was?’

  ‘No one’s going to admit to it, and anyway, they’ll probably be linked to me through the case.’

  ‘We can’t just do nothing, though.’

  The journey continued in silence as the magnitude of Jack’s predicament hit home.

  ‘I’ve just got to carry on with this hanging over me,’ said Jack, thinking things through. ‘The whole of the Manchester Bar will be talking about it tomorrow.’

  ‘Not if we keep it quiet.’

  ‘Chambers already know, and Khan is bound to tell Hornby.’

  It was pointless saying otherwise. ‘What do you want to do about Gary?’

  Jack knew that withdrawing from Dixon’s case would make him look guilty. ‘I’ve got to see it through.’

  They pulled up at Jack’s flat in the Northern Quarter. ‘Thanks for the lift and everything,’ he said as he got out.

  ‘Do you want some company?’ Lara offered. ‘I’ve got this box of papers from Dean Ross to go through. Might take your mind off things?’

  Jack saw the evidence on the back seat. ‘Why not.’

  The apartment was a mess. ‘Sorry, it’s been a busy week,’ he said, listlessly kicking a pair of trousers and a sweatshirt into the corner.

  ‘Don’t worry about it,’ said Lara, moving a plate off the tiny IKEA sofa before sitting down and grabbing a wad of documents from the box.

  They worked in a silent melancholy, sifting through old receipts for plumbing work, gas bills, washing machine repairs and everything else that Arthur Ross had paid for over the years. They tossed everything they had read onto a growing pile.

  Jack was drunk with exhaustion. His last good night’s sleep was a distant memory, and now, sick with worry, he could hardly focus. He went into the bathroom to splash some water on his face. Dabbing it dry with a towel, he clung to thoughts of Lara, and the way she was standing by him. She never questioned his integrity, not even for a moment. He knew others wouldn’t be so generous. How would he have coped without her support? Disinhibited by tiredness, he went back to the living room and blurted out to the back of Lara’s head: ‘I love you, Lara.’

  She said nothing.

  What had he just done?

  He walked around the sofa to face her.

  She was fast asleep.

  He breathed a sigh of relief, then moved her head gently onto a cushion and found a blanket to cover her. He picked up a handful of receipts and began to go through them, but couldn’t concentrate. The implications of Lauren Riley’s allegation kept forcing their way into his head.

  He felt alone and afraid.

  Chapter 64

  ‘What time is it?’ Lara had woken at the sound of Jack placing a cup of coffee on the table.

  ‘Just after seven,’ Jack replied. Dressed for court, he’d been up for hours.

  ‘Why didn’t you wake me?’ she asked, pulling back the blanket.

  ‘For someone who can’t sleep, it seemed wrong.’

  ‘I need to get back.’

  ‘Drink that first,’ he bossed.

  She sat up and rubbed her eyes, then, remembering the arrest, asked: ‘Did you get any sleep at all?’

  ‘Couple of hours.’

  ‘You look shattered.’

  ‘I’ll be fine. Sarah’s already called, she wanted to know what’s going on.’

  ‘Of course, and…?’

  ‘They’ll stand by me as long as they can.’

  ‘What does that mean?’

  ‘If I’m charged and convicted, I’ll be struck off anyway.’

  ‘That won’t happen, Jack.’

  Lacking her faith in the justice system, Jack didn’t reply.

  Lara noticed the box. All the receipts had been stacked neatly inside it. ‘You finished going through them?’

  ‘Yup,’ he replied, pointing to a single piece of paper on the coffee table.

  ‘What is it?’ she asked, picking up the faded, handwritten docket. ‘Oh my God! I don’t believe it.’

  Jack let the ramifications sink in. ‘Now we have a date to work with.’

  Shaking her head, Lara said: ‘I’ll do some more searching, but it will have to be in court. What are you going to say to Dixon?’

  ‘Nothing,’ Jack replied firmly.

  ‘Nothing?’

  ‘He already knows. I
don’t want him to know that we do too – yet.’

  Chapter 65

  When Jack arrived, Jammer and Lara were in a conference room arguing with Gary Dixon. He marveled at how Lara had managed to rush home, change, and still get to court looking radiant.

  ‘He says he’s not giving evidence,’ she announced.

  Jack wasn’t surprised, but he still had to advise his client. ‘You realize that it will undo all the work I’ve done in cross-examination?’

  ‘What do you mean?’

  ‘If you don’t go in the box, there will be nothing to contradict the Crown’s case that you were there, and that you struck Mr Ross.’

  ‘What about Jammer?’ he asked.

  ‘He can only give evidence as to your character, not on the facts of the case. The jury would have to convict.’

  ‘Then let them convict me,’ he replied with a nonchalant wave.

  ‘Gary?’ pleaded Lara. ‘This is your last chance to tell us what really happened.’

  He stared down at his phone.

  There was nothing more to be said.

  As the court assembled, Lara whispered to Jack: ‘How are you going to play this?’

  Before Jack could answer, Hornby leaned mischievously along the bench. ‘Are we going to get the great revelation from your client now, about what happened?’

  ‘We’re not calling him,’ Jack replied.

  ‘Really?’

  ‘All rise!’

  The judge came in, bowed to the court and sat down. ‘Mr Kowalski, I take it you will be calling your client?’

  ‘No, Your Honour.’

  ‘No?’ she repeated disapprovingly. ‘Has he been advised that the jury may draw inferences from his failure to give evidence?’

  ‘He has, Your Honour.’

  ‘Very well.’

  The jurors murmured to each other, disappointed to be deprived of the main event.

  ‘I call Donovan James.’

  Jammer came forward and stepped into the witness box, taking the Bible in his right hand. ‘I swear by almighty God that the evidence I shall give shall be the truth, the whole truth and nothing but the truth.’