by T J Walter
One of the pillars on which the system stood was the separation of the judiciary from the legislature. Yet several members of the government who made the laws were themselves from the legal profession. They were hardly likely to change the system that had made them rich and powerful and would do the same for their offspring.
The police were often treated as whipping boys. So often, decisions were made by police in good faith but in the heat of the moment, whilst the lawyers had months to scrutinize and pick holes in those decisions, and to rehearse all that they would say and do later in court. As a result, police officers’ reputations were often torn to shreds in court despite the fact that they had acted in good faith.
The principle of innocent until proven guilty was a noble one. But excluding evidence on a technicality that had no bearing on its validity favoured the guilty. If they were not guilty, the evidence would not be there in the first place. And the decision to exclude that evidence was made by a judge without the jury ever hearing the debate which made a mockery of the principle of being tried by twelve good men and true. If you were selective about what was put before them it was hardly surprising many of their decisions were misguided. It was not a perfect world; if the evidence was sound, the jury should decide whether it should be accepted or not.
Police actions were under intense scrutiny and the rules under which they operated strictly enforced. On the other hand, barristers often made totally unsubstantiated comments aimed at influencing a jury and, having planted the seeds of doubt in their minds, got no more than a gentle reprimand from the judge. Judges were a law unto themselves and were allowed to get away with murder. Cases such as that of O.J. Simpson didn’t only occur in America. What was laughable was when they say that allowing the odd one to get away protected the innocent; laughable because they enabled evil men to remain free to kill and injure more innocent people.
Things were then made worse by the so-called fourth estate, the press. Their objective was to sell newspapers; integrity amongst reporters was more a rare surprise than a requirement. When a scapegoat was demanded by the public for a lost case, the police were fair game, being at the bottom of the feeding chain and having their every move under the closest of scrutiny later in the cold light of the court room.
With this in mind, Brookes was both thorough and meticulous in making his notes, even to the point of his use of the firearm. It had been sitting on Inspector Holmes’ desk and only picked up by Brookes when in imminent danger.
By the time the plane was coming in to land, he was confident he’d kept strictly to procedure and recorded every step he’d taken in proper detail.
It was late in the evening by the time Brookes completed the paperwork on Fleming and got home to his flat. The reverse jetlag was playing havoc with his body clock, and he fell immediately into a deep sleep.
Fred Middlemiss went home to his wife and family. They were more than pleased to see him, not least because he’d bought each of them a memento of his trip. A shell necklace for his wife and a voodoo mask for each of the children, all purchased in Martinique.
Rose returned to her comfortable flat in Hampstead, feeling content with her decision to make policing her career. If things continued on this vein, she would have no complaints. She too had suffered the aftershock of being under fire, but the optimism of youth and the excitement of the moment outweighed the fear. She slept soundly that night.
*
Next morning, all three were in the office early. Brookes spent an hour preparing a report for his boss on their activities in the Caribbean. When their colleagues arrived, Middlemiss and Rose received ribbings from them and comments on their tans, but it was all good-humoured.
Short brought Brookes up to date with events in London. Aitcheson had detailed the team to continue to concentrate their efforts on gathering evidence of the murder and finding a way to incriminate Silver. The commander wanted to see Brookes at The Yard later that morning for a debriefing. Short then presented him with the murder docket he’d compiled on Fleming, which Brookes would later go over with a fine-tooth comb. Satisfied that everything else was in order, he set off for Scotland Yard in a car, with Rose driving as usual.
*
Aitcheson rose to greet him with a handshake. ‘John, good to have you back. By the sound of it you had a few hairy moments.’
‘You could put it that way, sir. Sadly it cost the life of a local policeman.’
‘Yes, I was sorry to hear about that.’ Aitcheson paused to add weight to the words. Then he said, ‘I hear Fleming is singing like a bird.’
Brookes nodded. ‘Yes, but we will need more than his evidence to nail Silver for anything. Fleming’s testimony about laundering money will not be enough; we need hard evidence of Silver’s criminal activities that I’m sure Fleming can’t give us.’
‘Let’s see what Richard Mann comes up with. There must be something that will trace the path of the cash into Silver’s pocket.’
Brookes did not share his confidence but said no more.
Then Aitcheson said, ‘OK, let’s move on. DI Short will have told you that your team is now concentrating all their efforts on Silver. I want you to take over that task and see what you can come up with. Have you any fresh ideas on how we might get at him?’
‘Off the cuff? No, sir. But give me twenty-four hours to think about it.’
*
Brookes and Rose left The Yard and headed west to Paddington Green to interview Fleming. He was determined to strike whilst the memory of the attempt to kill him and the murder of his father was fresh on Fleming’s mind.
He knew that their best weapon, yet at the same time, their biggest threat, was the fear that Fleming had of Silver. If they could convince him that they were able to ensure his safety, he might tell all. The fact that a London detective and the Royal Cayman Islands Police had already saved him once was evidence of their determination and might act in their favour. Fleming was in fear for his life; that fear would either cause him to open up or disappear completely into a shell.
In the interview room, Brookes and Rose sat on one side of a table. Fleming sat opposite, with his solicitor. The killer had the look of a broken man, gaunt and pale beneath his tan. Gone was the arrogance of old; now he was a pathetic figure.
After turning on the tape recorder and introducing each of those present, Brookes reminded Fleming that he was under caution.
He then said, ‘We wish to question you about the death of Alison MacPherson and your handling of money that is the proceeds of crime.’
The solicitor said, ‘Is it possible for us to talk less formally first, Superintendent?’
Brookes reached across and turned off the tape recorder.
The solicitor cleared his throat, then said, ‘My client wishes to give his full co-operation on these matters. What can you offer in return?’
‘We can afford him protection from those who are trying to kill him.’
‘But will you reduce the charges?’
Brookes shook his head. ‘The murder charge is not negotiable. There might be room for manoeuvre on the money laundering charges, depending of course on what he tells us.’
The lawyer cleared his throat again. ‘My client has instructed me to tell you that if you guarantee his safety and drop any charges relating to other matters he will co-operate fully.’
‘I’m sure that if his testimony enables us to gain convictions for the other principles and get forfeiture of the proceeds of crime, the Crown Prosecutor will allow me to strike a deal.’
‘Please give me a moment to confer with my client, Superintendent.’
The two detectives left the interview room.
Within five minutes, the solicitor invited them back in. He said, ‘On that understanding, my client will co-operate fully and tell you everything he knows.’
Restarting the tape, Brookes said, ‘Mr Fleming, did you kill Alison MacPherson?’
After a long pause, Fleming said, ‘Yes, I had no choice
. Silver would have killed me if she told the police what she had found out about my business.’
‘How did you kill her?’
‘I strangled her with her tights.’
‘Where did this take place?’
‘At her flat in Limehouse.’
‘Then what did you do?’
‘I threw her body into the river.’
Brookes asked, ‘What exactly had she found out about your business?’
‘She discovered how my business was financed and where the profits were going.’
‘How was the business financed?’
‘Raymond Silver is a criminal; his profits were used to buy many of the properties we rented out. The rental payments made went through the business and were paid to Silver. That way the money appeared to have been legally earned.’
Brookes frowned. ‘Was that all of the money that was paid to him?’
‘No, some of the payments were for rentals that didn’t actually take place. Payments through the books were actually made by Silver himself under other names.’
‘Why was this done?’
‘That way it appeared that the money was real business profit earned by the company and therefore clean.’
Brookes nodded. ‘And where was the money sent, Mr Fleming?’
‘The money was paid into Silver’s Swiss bank accounts. He has several, each under a different name. This way it appeared that there were several property owners.’
‘And do you have details of those accounts?’
‘Yes, they are on my office computer.’
Brookes knew that DI Richard Mann had that computer, so he asked no more on that subject. Instead he moved on.
‘You say that Silver was a criminal; what can you tell us of his criminal activities?’
‘I don’t know anything about his businesses.’
Brookes stared at the man. The killer’s face had a worried expression; he squirmed in his seat.
‘Really, I don’t know.’
Brookes remained silent.
Fleming insisted, ‘I’d tell you if I knew, but I only dealt with the money.’
‘Exactly how much money was involved?’
‘Over sixty million pounds if you include the money used to buy the properties. ‘
‘Where are the deeds to the properties you purchased on behalf of Mr Silver?’
‘They are in a safe deposit box in Silver’s London bank.’
‘Who has the key?’
‘Silver.’
Brookes nodded. ‘Is there anything else you wish to tell us, Mr Fleming?’
‘Yes, I witnessed Silver kill someone with his bare hands.’
‘Who was that?’
‘It was one of his men; he had been stealing from him.’
‘What happened exactly?’
‘It was horrible; Silver just picked him up by the collar and kept smashing his head against the wall until he was dead.’
‘Then what happened?’
Fleming shook his head vigorously. ‘I don’t know. Silver looked into my eyes and said, “That’s what happens to people who cross me, be warned”. It was after that I realised I would have to get away sometime soon or he would kill me. It was then I bought my false passport.’
‘What happened to the body of the man he killed?’
‘Silver told Smith to dispose of it.’
‘Where? Do you know where he disposed of it?’
Fleming shook his head again. ‘No, Silver told me to leave so I did as quickly as I could.’
Brookes paused for a long moment. Finally he said, ‘Would you be willing to give evidence in court on all that you have said?’
Fleming licked his dry lips. ‘Only if you can guarantee my safety. He will have me killed if he can.’
The solicitor said, ‘My client has given you his full co-operation. What do you offer in return?’
‘We will ensure that he stays alive.’
‘What about the other charges and a reduction in sentence?’
‘That depends on the crown prosecutor. I know that he will not negotiate on the murder of Alison MacPherson, who was an innocent victim. But, if your client co-operates in bringing Silver and his men to justice, I will recommend that he offer some deal on the other matters.’
Fleming said quickly, ‘What about my money?’
Brookes smiled. ‘You can hardly expect to be allowed to profit from the proceeds of crime. We shall ask the court to confiscate that.’
Fleming looked crestfallen; he now contemplated a bleak future. But at least he had a future; Alison MacPherson had none at all. Now that the interview was on tape, Fleming was totally committed. Brookes would ensure that the police kept their part of the bargain but Fleming would serve a term of life imprisonment.
The interview went on for some hours whilst Fleming’s detailed statement was recorded and signed.
The story he told was much as Brookes had worked out. The night of the murder, Fleming had gone to her flat with a bottle of wine. She had invited him in and he’d apologised for his behaviour in the office; Fleming had got angry with her when she’d told him what she had found out. She seemed relieved and told him about other discrepancies she had found in the business accounts. This made him realise that she already knew too much. She was too bright for her own good and would not let well alone. He felt that he had no choice; she would get them both killed unless he stopped her.
He drugged her wine with the date rape drug, which made her very drowsy. He’d then gone to her computer. It was switched on as she’d been working on it before he called. He found that she had created a file on which she had recorded irregularities she had found in the accounts. He’d decided that she had to be silenced.
It was here that he said that he panicked. He knew that if Silver found out about this information being in the hands of one of his staff, his own fate was sealed. He’d followed her to the bedroom and throttled her. Then he’d dragged the body to the balcony and thrown it into the river.
Brookes contained his anger. He knew that a judge and jury would not be fooled; Fleming had gone to her flat prepared to kill her. This was premeditated murder. Then, after killing her, he’d carefully tried to remove all traces of his having been in the flat. These were hardly the actions of a person in a state of panic.
The statement was typed and signed by Fleming. After completing the marathon interview, Brookes and Rose returned to their car and started the long drive back across London.
Once they were on the move, Rose said, excitedly, ‘With this evidence, we can actually get Silver for murder.’
Brookes was a little more cynical. ‘Sadly, I’m not sure we can. We have Fleming’s word. But against that you can guarantee that Silver, Smith, and whoever else was present will deny it. That’s if they even admit such a meeting took place, which I doubt. No, we’ll need a whole lot more that that before we can act on it, including a body. But we will of course investigate it.’
‘But we can prosecute him for money laundering, surely?’
Brookes shook his head and gave her a look. ‘Do you really think so? Yes, we’ve evidence of him swimming in money and property that he can’t immediately account for. But once he gets his expensive lawyers on the case who knows what the courts will decide.’
Rose insisted, ‘But surely we can get all of the properties confiscated by the court; that will really hurt him.’
‘I hope you’re right, Jacqui. It will probably take years to sort out who legally owns what. But we’ve been given the job of bringing the man down; we’ll find a way.’
Looking at his watch, he saw it was now late afternoon. Using his mobile, he telephoned Short and told him he’d go straight home and see him in the office the next morning. Then he asked Rose to drop him at Lynne’s restaurant and take the evening off.
*
Chapter 20 – Get Silver
‘The opera ain’t over ‘til the fat lady sings.’
Dan Cook
At 8am the next morning, Brookes’ team were assembled in the incident room at Leman Street Police Station.
Brookes wasted no time but started his briefing. ‘OK, people, you’ve all done an excellent job bringing Fleming to justice. He’s made a full confession and, I’ve no doubt, will get a life sentence. But the job is only half done. Behind all this is Raymond Frederick Silver. He is the man Fleming was laundering dirty money for. He is a re-incarnation of the Kray twins and a Mafia boss all in one.
‘Any major robbery or burglary that occurred in the East End of London had to be approved by him and he would take his cut from the profits. In addition, he has a chain of brothels staffed, if that’s the right word, with young women willing to satisfy just about any of a man’s sexual needs.’ He paused then added, ‘We’re pretty sure he caters for all tastes provided you have the money, and I mean all tastes. The rumour is that he can get you a child if that’s what takes your fancy. So far this is just a rumour. But if it’s true we will find out. That I promise you. And we’ll bring him down.’ He looked around the room.
He continued, ‘If that isn’t enough, he takes protection money from all the shady businesses in the area and that includes porn shops and peep shows. It was money from all these disgusting enterprises that Fleming was laundering through his company and it was fear of what Silver would do to him when Alison McPherson found out about this that pushed him into killing her. Not that there’s any justification for what he did, but in my mind that makes Silver just as guilty. Without this evil so-and-so Silver looking over Fleming’s shoulder, Alison would still be alive.’
He looked at each of them in turn. ‘I want this man. I want Silver so that I can serve him to the crown prosecutor on a platter with a red ribbon tied around his neck. I want him hung out to dry. I want him screwed down tighter than a duck’s arse.’
There were a few titters among the detectives; Brookes was not usually quite so crude. But they knew he meant business and were all firmly behind him.