Unfaithful (The Complete Trilogy)

by Clancy, Joanne

  The courtroom listened intently to Mr. Kiely's riveting closing speech. "The Prosecution claimed there was nobody else apart from Mr. McNamara who could have sent the emails from "devils-revenge" but the State has never said that there was anybody other than Savannah Kingston who could have sent those emails. Nobody was going to murder anyone. Their intention was a "shakedown", nothing else. Mr. Williams was involved in a similar "shakedown" in England and there was no charge of conspiracy to murder brought there. Maybe Scotland Yard takes a more hard-nosed approach and they don't get carried away.

  Mr. Clifford said that the ricin element was dramatic and the tip off came from Mr. Williams. Ms. Kingston denies the ricin claim. How did the contact lens get into her cell? It's a prison, things are supposed to be checked as they come in and out. My client is the scapegoat in this case. You should be under no illusions that Mark McNamara is the main defendant while my client is being dragged along behind him. Clearly, Savannah Kingston was after money, not out to murder anyone. It was a clownish operation run by clowns in the hope of hooking fools; nothing more, nothing less.”

  There were a few sniggers in the public gallery at his analogy. “My client was by no means the only person who had access to the phones and computers seized from the apartment in London. The only person with a criminal record in this case is Daniel Williams, someone who had a vested interest in giving damning evidence against Savannah and someone whose word should not be trusted. Their scheme was clumsy and foolish with an asinine plot. I implore you to treat Savannah Kingston with justice and discretion and not be swayed by the grand accusations of the Prosecution.

  It was soliciting, not a conspiracy. They know that the conspiracy to murder charge is a bridge too far, it's as simple as that and nothing that Daniel Williams would say could change that fact. Mr. Williams says that the intention was murder yet he didn't have a clue as to how the murder was to actually take place. Evidence cannot be welded together by self-serving perjury. I say it was a fraud operation from start to finish. It wasn't dial "M" for murder it was dial "M" for money."

  The task was then left to Judge Enright to sum up the evidence and charge the jury. The judge spent much of his time recapping the evidence that had been presented during the case. He concluded by saying that "evidence against one is not evidence against the other. It's a matter of fact, not of emotion. You've got to set aside your feelings and your personal views on alleged actions by any of the parties. Consider the evidence as coolly, as dispassionately and objectively as you can. Leave aside your prejudices and deal with the facts."

  The jury raised a query on the conspiracy to murder charges which the judge addressed. "The matter is simple at one level but more complex when you get down to it. It takes at least two to conspire. One would have thought it followed logic; if there is a failure to prove against one, automatically there is a failure to prove against the other. Where there is doubt, the benefit of that doubt must be given to the accused."

  The judge concluded his charge to the jury while a strained, pale-faced Mark McNamara listened intently to every word. The end was near and the trauma was clearly visible on his face. The jury retired from the courtroom to begin its deliberations; deliberations which would take more than eighteen hours over three days before the curtain was drawn on the trial.

  The worry was palpable for Mark, Shona, Penelope and Rebecca while Savannah Kingston showed no sign of the strain that was in evidence on her co-accused's face. There was standing room only in the courtroom as police and legal personnel involved in the case, interested onlookers and an increasing posse of journalists packed closely together in the near-suffocating conditions.

  The jury was recalled at seven o' clock that evening and was sent to a hotel for the night. Judge Enright told them he would recharge them in the morning on matters. "Take it easy this evening. Don't bother deliberating. Relax and have a drink; you are entitled to it," the judge told the weary jury before they finally left the courtroom ten minutes later.

  The courtroom quickly emptied and the stress subsided for the evening, but for the two defendants, the waiting continued. It would be several days before Savannah Kingston and Mark McNamara learned their fate and even longer before they would discover the price they had to pay.

  Chapter 17

  The convoluted story of Mark McNamara and Savannah Kingston had unfolded in front of the jury and packed courtroom and as the trial had continued the number of people who came to catch a glimpse of the two conspirators grew steadily. Onlookers whispered at the back of the courtroom as they peered at the long wooden bench facing the jury, where every day the defendants took their seats.

  "Isn't she a pretty little thing?" they would whisper.

  "Do you think he did it?"

  As the weeks went on the salacious details emerged and their numbers grew. Many of them were the same people who came to watch every high profile murder trial. The anorak-wearing pensioners, who always brought a plentiful supply of sandwiches and flasks of tea, had their seats staked out. They had turned up to watch the main event and as the weeks wore on, they certainly weren't disappointed.

  Mark wasn't remotely interested in the inquisitive spectators. Every morning he arrived in court impeccably dressed in. His dark hair was well-cut but he looked a different man to the arrogant person who had turned up to his first court appearance. He had lost a lot of weight since his original arrest and the angles of his face were now clearly visible. He seemed harder and sharper, unsurprisingly as he was close to losing everything that he had spent a lifetime building up.

  During the early days of the trial Christopher waited for him in the lobby of the courtroom where he would arrive after his daily consultation with his legal team. Chris was suited like his father but looked more like his mother. When Mark joined him there was time for a few moments shielded from the prying eyes in the partial shadow of the curved leather bench which was tucked beneath the stairwell. There were never any other supporters and as the trial progressed and the evidence against his father mounted, Chris' support waned. Mark didn't have any friends remaining; after all he was involved in the sort of scandal that seldom touched the civilised middle class lives of his peers.

  Mark would usually head into court after checking that his co-defendant, Savannah Kingston had already taken her seat. Every morning he would build a defensive fort of stationery in front of him. He would place his black briefcase on the table which held the original statements from the day's witnesses. Then out came the pens, neatly placed within easy reach. Next, out came the mints and gum on which he had constantly chewed as he listened to the evidence. He would place a large notepad on top of his briefcase and as the day progressed, he would write a steady stream of notes. Every now and then he tore off the top few pages which he neatly folded and passed to his legal team.

  Mark never even glanced at his co-defendant during the trial but stared straight ahead at the jury when not writing. His calm and collected expression slipped every now and then as his expressive face showed his reaction to each piece of evidence that stacked the Prosecution's case higher against him. Every so often, when the accusations became too much, he turned towards a member of his legal team and whispered in an urgent manner. When particularly damning evidence appeared he leaned towards his legal team to share a private joke. However, for the most part, despite the evidence against him, he gave the impression of attending the trial merely for politeness' sake, rarely showing any doubt in the security of his position.

  At the far end of the bench his co-accused, Savannah Kingston, joked with the prison guards. She had been in custody for almost two years but she acted like she was on holiday and seemed a very unlikely fit for the role in which she had been cast. Her long blonde hair and olive complexion marked her out as an exotic creature amongst the blue uniforms of the police and prison officers and the black gowns of the barristers. If she felt pressured by her predicament she rarely showed it. She often laughed to herself at the more bizarre pieces
of evidence and smiled broadly as she watched the trial; as if it was entertainment for her alone.

  The drama played out over nail-biting eight weeks, much to the delight and fascination of the spectators. Mark fought his corner hard and refused to concede a single point to the prosecution. Every so often the stress would show in the courtroom by someone punctuating proceedings with much huffing and slapping of furniture.

  The day of reckoning had arrived. After so many weeks of evidence it wasn’t surprising that the jury took their time on their decision. They had asked frequent questions, seen numerous pieces of evidence and taken ever-increasing cigarette breaks when the tension became too much for them. It took three days and two nights in a hotel for them to reach their verdict. The press settled in for a lengthy wait but the anxiety was evident in both accused for the first time, even though they both maintained their pretence at being relaxed. Savannah was spending most of her time in the cells, away from the curious eyes of the public while Mark was disappearing for more frequent cigarette breaks. He loped in and out of court like a restless tiger, spending most of his time sitting on the benches that were placed at regular intervals around the curved walls of the round hall or hiding under a stairwell.

  Everyone could see that Savannah was pale beneath her immaculate makeup and her eyes were hollowed by dark shadows. As the trial drew to a close she began to look her thirty eight years and her glamorous mask had begun to fade. As the hours passed by, the tension slipped into tedium.

  Verdicts were expected to emerge at some stage during the day. The media presence had exploded which was no major surprise for such a sensational trial. Mark was wearing a black pin-stripe suit with a silver tie and white shirt. The anxiousness which had crept over his face as the trial wore on was very much apparent that morning. The tension which had built up over the previous days had clearly taken its toll on him.

  The jury resumed deliberating at nine o' clock that morning and the judge indicated that he would give them the option of a majority decision at noon. It was at this stage that the fireworks began. The jury had come to an agreement on some of the counts. The tension in the courtroom suddenly increased dramatically. A collective breath was held as the forewoman wrote the verdicts on the issue paper. A pin dropping would have been heard reverberating through the still courtroom at the moment the paper was passed to the registrar who glanced at it briefly before turning to murmur something to the judge."Have you reached unanimous verdicts on any counts?" Judge Enright asked the jury.

  "Yes," the foreman replied. "We find Mark McNamara guilty of soliciting Savannah Kingston to murder Rebecca McNamara, Penelope Garrett and Shona Morgan. We find Savannah Kingston guilty of demanding money from Penelope Garrett to cancel a contract on her life and the lives of Rebecca McNamara and Shona Morgan." The jury had not yet decided on the conspiracy to murder charges against both accused.

  All eyes were on Mark. What would be his reaction? But he revealed no instant explosion of emotion and maintained a serious expression. The two accused sat impassively as the first verdicts were read out. Mark hardly flinched as he was convicted time after time. He closely watched the jury as the registrar read out their decisions.

  It was his son who showed his pain. He stared at his father and his face was bright red as the tears streamed down his cheeks. Christopher bowed his head in his hands and remained rooted to his seat. An emotional and tearful Rebecca rose to her feet and hugged Penelope and Shona.

  The noise level in the courtroom rose again as journalists and barristers reached for their mobile phones while the public chattered amongst themselves about the implications of the verdict. Christopher stood up as if to move away from the burning scrutiny of the press who were less than a metre in front of him but his mother threw her arms around him, pulling his head onto her shoulder. Penelope and Shona stood in front of them, shielding them from the prying eyes of the public. Christopher clung to his mother, her shoulder shaking in his grip. It was only then that her own emotion showed and she buried her face in her son’s chest as the tears finally erupted.

  Mark was pale and held his head in his hands as the enormity of his situation hit him fully for the first time. His voice shook as he spoke urgently to his legal team. Ultimately, he had been convicted and would be spending that night, and many more, in jail. For once, the handsome charmer had failed to win over the crowd.

  The jury was sent away to continue deliberating on the remaining charges. Mark had just been convicted of three serious charges but he had nobody to console him. He sat alone with his legal team. The gravity of events hit him hard. However, the fact that three of the charges were still being considered meant that any grand finale was temporarily put on hold.

  Seated a few metres to Mark's left was Savannah Kingston who sat back and smirked as the verdicts were relayed to the court. She had been acquitted of the burglary allegation at M&R Photography but had been found guilty of the extortion charge and two counts of handling stolen property.

  The waiting was finally over when the jury announced that it had reached a decision regarding the conspiracy to murder charges. "We find the defendant, Mark McNamara, guilty."

  Mark turned white, matching the shirt he was wearing. Throughout the previous weeks of the trial, the court had seen different versions of him; pale, smiling, charming, charismatic and emotional and now this utter dejection. He was convicted on every one of the six charges which he had faced and a stint behind bars was inevitable. Mark sat with his head in his hands as the realisation began to hit him.

  The emotion of the trial had also taken its toll on some members of the jury as two of the female jurors burst into tears. The tension which had built up over the previous weeks began to evaporate but the jury's job was not yet finished. They still had to come to a decision about Savannah Kingston on the conspiracy to murder charges and they returned to the jury room to continue their deliberations.

  Mr. Clifford rose to his feet. "Now that Mr. McNamara is a convicted person he should be remanded in custody."

  Mr. Loftus, Mark's barrister, then asked for the court to certify psychological reports for him. "There is no danger of my client not turning up for his sentencing hearing."

  However, Mr. Clifford was adamant. "Mr. McNamara’s status has now changed. He is a convicted person who has been found guilty of very serious crimes. My application is to have him remanded in custody."

  Judge Enright noted the application for Mr. McNamara to remain on bail but he refused. "There is no necessity for someone to be on bail pending psychological reports. His status has changed by virtue of the jury's verdicts this afternoon; therefore I refuse your application."

  Mark remained without emotion, sitting quietly beside his legal team in the stuffy courtroom as the jury was given the option of returning a majority decision on the remaining charges. An hour later verdicts of disagreement were recorded in relation to the conspiracy to murder charges.

  Mark sat stony-faced and Savannah Kingston continued to portray a relaxed composure as the judge thanked the jury for its patience and diligence throughout the case. "The court appreciates the role you have played and the way you have played that role. You've been involved in a complex case, because of the intricacies of new technology, phones, emails, text messages and also the scientific evidence," Judge Enright said. He then excused the jurors from jury service for fifteen years.

  Savannah's barrister, Mr. Kiely, asked for free legal aid to cover medical reports for his client and this was granted. Judge Enright advised that the matter of disagreement on the three charges was an issue for the Director of Public Prosecutions. He remanded both accused in custody until their sentencing date. Mr. Enright then asked for Mr. McNamara to be remanded to Mountjoy prison rather than Limerick prison as this would be easier to facilitate the preparation of psychological reports.

  Finally, the drama was over and the nail-biting wait had come to an end. The trial, which at times seemed like it would run for several months, had c
ome to a conclusion. The packed courtroom slowly emptied. The members of the public who had attended daily had grown substantially in number as the trial had progressed and had enjoyed what they'd seen.

  Mark looked absolutely shattered while Savannah chatted easily to the prison officers. They were led away to the prison vans which quickly transported them from the courthouse.

  The courtroom emptied once the final verdict was read out. The press hurried to the front of the building to await the statements which would inevitably follow. The women's statement was quick to arrive. It had been emailed to the waiting press within minutes of the jury's decision. Penelope, Rebecca and Shona showed a united front and asked for a privacy which was unlikely to follow. Short and succinct, their statement intended to draw a line under the whole sorry mess.

  “We are relieved that the trial is over and we would like to express our appreciation to the members of the jury for their patience and attention. We would like to thank everyone who has assisted us during this difficult period. We look forward to getting on with our lives and we request the privacy which is necessary to assist us in this respect.”

  However, the reporters still hung around. Word quickly spread that Mark's barrister planned to make a statement to the press. A few minutes later, after a large crowd had assembled, microphones and flashguns at the ready, Mr. Loftus took his place. The crowd surged forward to catch every word.