MURDER BRIEF

by Mark Dryden

  A few minutes later, Alice strode past and got into a lift.

  Robyn said: "Did she look angry?"

  "Not really. In fact, she looked rather pleased."

  "Did she return that afternoon?"

  "No."

  Fifteen minutes later, Justine returned to Grimble’s office with the couriered package. As she entered, Grimble took a sheaf of papers off his desk and shoved them into a desk drawer.

  "Do you know what happened to them?"

  Justine’s voice quivered. "Yes."

  "Really?"

  "Yes. You see, after Alice got killed, I got really curious and wondered if they might be important. So, on Monday evening, after Mr Grimble went home, I took the papers out of the drawer and photocopied them. I know I shouldn’t have, but I did. Then I put them back."

  Robyn’s emotions soared. "Wow. And do you still have them?"

  There was a long pause while time hobbled on crutches. Finally, Justine said: "Yeah, I do."

  Robyn sighed. "Thank God. Where?"

  "I’ve got them here, right now."

  "Shit. When can we meet?"

  "I usually catch the eight o’clock train to Town Hall. It arrives about 9.10. I can see you there."

  "Great. But why didn’t you reveal all this earlier?"

  "The police never talked to me and I sorta didn’t want to get involved. I mean, I shouldn’t have listened at the door and photocopied that stuff. So when they charged Mr Markham with murder, I just accepted he was guilty. That was the easiest thing to do. It was only when I spoke to you, yesterday, that I realized Mr Grimble might be the real killer and I had to do something. I won’t have to give evidence will I?"

  If Robyn had to slap Justine around and drag her, by the hair, all the way from Town Hall Station to the Supreme Court and force her into a witness box, she would. But first she had to lure Justine within range. "That's highly unlikely."

  "Good."

  Robyn told Justine to meet her outside the main exit at Town Hall Station, at 9.10am.

  "OK."

  Robyn arrived at the station half-an-hour early and stood anxiously next to the long bank of turnstiles.

  However, by 9.15am, Justine still hadn’t arrived and Robyn started to worry. Five minutes later, she was panicking. Then Justine came through the turnstiles, carrying her pink handbag and a slim plastic shopping bag, looking desperately afraid. "Oh, sorry I’m late. They’re working on the track."

  "Forget it. You’ve got the documents?"

  She held up the shopping bag. "Yeah, they’re in here. You want to look at them?"

  "You bet."

  Fifty minutes later, Robyn stood at the Bar table in the Banco Court, staring at Hugh Grimble. Brian had just sat down and she felt incredibly lonely. A great weight landed on her shoulders. Until this moment, Brian had carried all of the responsibility. Now her client’s freedom and her career depended on this re-examination. If it blew up in her face, she’d have nowhere to hide.

  Her bloated tongue stuck to the walls of her dry mouth. God, she hoped she could speak. Her father’s voice reverberated in her head. "Stand up straight and speak clearly."

  His intrusion got her jaw working. "Umm, ahh, Mr Grimble, umm, yesterday you said you had dinner with Rex Markham on the night Alice Markham was murdered, didn’t you?"

  Grimble looked quite relaxed, sensing his ordeal would soon be over. He just had to answer a few questions from this stupid woman, then disappear. A half-smile. "I did at first - but I was wrong."

  "But initially, you gave him an alibi, didn’t you?"

  "Yes, I did."

  "Then, during cross-examination, you denied having dinner with him, correct?"

  "That’s right."

  "So tell me, Mr Grimble, why did you initially say you dined with Rex Markham?"

  Brian whispered to her: "Christ. Don’t dredge this up again."

  She muttered: "Shut up."

  Grimble leaned forward. "I was trying to help him - to give him an alibi. That was a stupid thing to do." Grimble looked at the judge. "I’m sorry, your Honour, I really am. I was just trying to help a friend. When Rex came to me, he was desperate. I wanted to help."

  "But Mr Grimble, you suggested the alibi, didn’t you?"

  "No, I didn’t."

  "You suggested the alibi, even though you knew the police would check your telephone records and discover it was false?"

  "No, I didn’t."

  "In fact, you wanted to sabotage Rex Markham’s defence, didn’t you?"

  Grimble recoiled slightly. "You’re mad. I tried to help him."

  "No you didn’t. You pretended to help him, but really wanted him convicted?"

  "Utterly untrue."

  "Mr Grimble, you now claim, don’t you, that on the night of the murder you went to the casino?"

  "That’s right."

  "Alone?"

  "Yes."

  "So you don’t have an alibi either, do you?

  Grimble’s brow furrowed. "An alibi? I don't need an alibi."

  Robyn had reached the moment of truth. She took a deep breath, said to herself "here goes", and gave her voice a grating edge. "Because you stabbed Alice Markham to death, didn’t you?"

  A hubbub erupted in the public gallery. Justice Dobell glared at Robyn. Brian muttered "Jesus Christ."

  Grimble looked shocked. "That’s ridiculous."

  The Mad Monk leapt to his feet. "I object your Honour. My learned friend is cross-examining her own witness."

  Robyn said: "I’m entitled to do that, your Honour, because his evidence has become unfavourable to the accused."

  Justice Dobell stared hard at Brian. "What do you say, Mr Davis? Is this the approach you want to take?"

  Brian half-rose and sighed. "I suppose so, your Honour."

  The judge looked annoyed. "You don’t sound very sure about that."

  "Umm, yes, I am - I am sure."

  The judge looked at the prosecutor. "Well then, Mr Mahoney, it’s obvious this witness has proved highly unfavourable. In fact, I can’t imagine a more destructive witness. So the defence is entitled to cross-examine him."

  Mahoney nodded reluctantly. "As your Honour pleases."

  The judge stared at Robyn. "But I trust, Ms Parker, that you have a sound basis for the accusation you just made? I can't even begin to tell you how upset I will be if you do not."

  "I do, your Honour."

  "Alright. You can proceed. But I intend to keep you on a very short rein."

  "Yes, your Honour." Robyn looked at Grimble. "The Markhams decided to get divorced, didn’t they?"

  "So I understand."

  "And, because of that, Alice became very curious about her husband’s wealth, didn’t she?"

  Grimble shrugged. "How would I know?"

  "Well, you handled some of Rex Markham’s financial affairs, didn’t you?"

  "Yes."

  "In fact, you collected his book royalties and paid them over, after deducting your commission?"

  Grimble’s eyes darted about. "Umm, yes."

  "And Alice Markham wanted to find out how much her husband was earning, didn’t she?"

  Grimble shrugged. "Maybe. I don’t know."

  "So, without your permission, she broke into your office and looked through your records?"

  Grimble licked his lips and tugged his bowtie. "No, not so far as I’m aware."

  "And she discovered that, for a number of years, you’d been siphoning off royalties?"

  "No, she didn’t," Grimble croaked.

  "She also discovered you’d created a whole set of false accounts for her husband?"

  Grimble scowled. "No, definitely not."

  "In fact, over a six-year period, you stole approximately $340,000 from Rex Markham, didn’t you?"

  "No, that’s a lie."

  "And on the Friday afternoon, before she died, Alice Markham confronted you about that, didn’t she?"

  Grimble’s eyes widened. "No."

  "She confronted
you and you promised that, if she kept quiet, you’d buy her off?"

  Grimble's voice rose an octave. "No, that’s a lie - a total lie."

  "But rather than buy her off, you went over to her house on Saturday night and murdered her, didn’t you?"

  "No. Completely and utterly untrue."

  "Then, to make sure Rex Markham got convicted, you persuaded him to use an alibi you knew the prosecution would destroy."

  Grimble snarled. "Absolute bullshit."

  Robyn had already photocopied the records Justine Pearson provided. Now she now got a Court Officer to place them in front of Grimble.

  Robyn said: "Mr Grimble, please look closely at the bundle of documents that has been placed before you."

  Grimble’s face and hands trembled. He spent five minutes leafing through the twenty-page bundle, as if it might be infected. The only sound was the rustle of pages. He looked up like a startled rat. "Ah, yes, I’ve looked at them. Where did you get them?"

  Robyn felt a surge of power as Grimble exposed his flank and she closed in for the kill. "Mr Grimble, I’m here to ask the questions, not you."

  Robyn spent the next half-hour taking Grimble slowly through the bundle to show it, in fact, contained two different versions of Rex Markham’s royalty entitlements.

  Robyn said: "So you agree with me, don’t you, that one set of accounts must be fake?"

  Large beads of sweat appeared on Grimble's forehead. "Maybe, but I didn’t fake it."

  "Really? You kept both sets in your office, didn’t you?"

  "Ah, no. Only one set."

  "Really? Which one?"

  Grimble shakily held up a pile of papers: "These are the accounts I kept in my office." He held up a second pile. "I don’t know where these documents come from. I’ve never seen them before."

  A Court Officer handed the first pile to Robyn, who saw that Grimble had verified the false accounts which understated Rex Markham’s royalty income by $340,000. He really had no choice.

  Robyn said: "Well, Mr Grimble, I intend to show that all of these documents came from your office." He turned to the judge. "Your Honour, could these documents be marked for identification?"

  The judge stared at her intently. "You intend to call someone to prove both sets came from his office?"

  "Yes I do, your Honour."

  "Alright then." The judge assigned each set an identification number.

  "Thank you, your Honour. I’ve finished my cross-examination."

  As Robyn sat down, Brian muttered softly: "I hope you can prove all that."

  "Don’t worry, I’ve got a witness."

  "Wow. A good one?"

  "I’m not sure."

  "Where is she?"

  "Outside, I hope."

  "You hope?"

  "Actually, I'm praying she's there - praying very hard."

  Justice Dobell told Grimble he could leave the witness box. Face crimson, Grimble rose and lurched towards the side door.

  The judge asked Brian to call his next witness.

  Brian looked inquiringly at Robyn, who shot to her feet and said: "Your Honour, the defence calls Ms Justine Pearson."

  Grimble turned and looked horrified before scurrying out the side door. Most of the jurors noted his reaction.

  Robyn turned to Bernie Roberts and whispered: "She’s outside, I hope. Short skirt. Pink handbag."

  Robyn had had enormous difficulty persuading Justine to give evidence and prayed the receptionist hadn’t bailed out. But Bernie soon returned with Justine in tow, wide-eyed and shaking. Thank God.

  Justine looked at Robyn for reassurance. Robyn smiled and pointed towards the witness box.

  Justine stumbled across the courtroom and sat down, looking like a trapped faun. She grabbed a glass of water and took a big gulp.

  The oath was administered and Robyn patiently led Justine through her story. Haltingly, Justine described how she overheard Alice Markham accuse Hugh Grimble of skimming off royalties and later photocopied the two sets of accounts.

  Robyn sought to tender both sets.

  Mahoney objected.

  The judge looked surprised. "Really? On what basis?"

  "They’re not relevant, your Honour."

  A wry smile. "Mr Mahoney, you're not serious, are you? I allow the tender."

  Robyn said: "Thank you, your Honour. I’ve finished my examination of this witness."

  As Robyn sat down, Brian muttered, "fantastic". Then he leaned close to Mahoney and smiled. "Sorry Sam, I forgot to mention that we had a trick up our sleeve. Hope you’re not too surprised."

  Mahoney grunted, got to his feet and immediately attacked Justine for not telling the police what she’d seen and heard.

  Justine was soon on the verge of tears and wailed, "Why should I? The police said Mr Markham was the murderer, right? I thought they knew what they were doing."

  Mahoney kept accusing Justine of lying. But the louder he yelled, the more determined and confident she became. Eventually, he realized he was pounding sand and huffily told the judge he had no further questions.

  As Justine left the witness box and headed towards the side-door, Brian whispered to Robyn: "Any more witnesses?"

  "No. You’re back in charge."

  He grinned. "Thanks."

  Brian got to his feet and looked at the clock. "Your Honour, it’s already 12.30pm. I need a little time to arrange the attendance of our next witness. Perhaps we can go to lunch now?"

  The judge looked at Mahoney, who shrugged, before turning back to Brian. "Alright, Mr Davis. We’ll resume at two o’clock."

  As soon as the judge had left the bench, Robyn rushed from the court and saw Justine about to leave the building. "Justine, Justine."

  Justine turned, still flushed and nervous, but obviously proud. "Hi. Did I do OK?"

  "You were fabulous. I’m very proud of you."

  "Thanks. I guess I’ll have to find another job now."

  "Well, if you need a reference, let me know."

  "I will."

  Robyn warned Justine that, when she left the building, she’d have to run a gauntlet of media cameras. "You should be proud of yourself, so walk slowly, keep your chin up and don’t answer any questions."

  "OK, thanks."

  As Robyn strolled back towards the Banco Court, she passed Detective Inspector Holloway, sitting on a wooden bench.

  He smiled ruefully. "You know, I’d have bet my life your client was guilty."

  "We all make mistakes."

  "Yeah, though this explains something that puzzled me."

  "What?"

  "The anonymous caller who told us to check Grimble’s phone records."

  "Really?"

  "Yes. The caller was obviously Grimble, making sure we didn’t overlook them."

  "Didn’t you smell a rat?"

  He smiled. "Why look a gift horse in the mouth?"

  "Maybe. But everything that glitters isn’t gold."

  The detective smiled again. "Hah. I prefer my saying."

  "So now you’ll investigate Grimble?"

  "Depends."

  "On what?"

  "Whether your client gets convicted. That happens, we’ll close the file."

  "Even if Grimble's the real culprit?"

  "The real culprit is whoever the jury convicts."

  "Well, Rex will get off now."

  He shrugged. "Probably. But I’ve given up predicting what juries will do."

  Brian and Bernie had already left the courtroom, and obviously gone to see Rex. She went downstairs to the holding area. A Sheriff’s Officer let her through the security gate.

  Laughter spilled out of an interview room. She stepped through the open door and found Brian, Bernie and Rex sitting around a small Formica table, looking happy.

  Rex saw her first. "Ah, Robyn, my saviour. You were magnificent."

  She flushed. "Thanks. But this is no time for accolades. We’ve got important issues to discuss."

  "Like what? Surely, it’s all over."


  "No. You’re still not in the clear."

  He frowned. "Why not?"

  "The jury could still go rogue and convict. So you’ve got to tell them where you were on the night Alice was killed."

  Rex licked his lips. "Like I said: I went to see a movie."

  Robyn frowned. "Really? I don’t believe that and the jury won’t either."

  Rex paused for a long time and frowned. "You really want to know?"

  "Yes."

  He emitted a long sigh and scuffed the floor for a while, before fitfully crossing his arms and staring at her. "Well, alright, if you must know, I was … with another woman."

  She wasn’t surprised. Indeed, she’d vaguely suspected that for a long time. She smiled. "You mean, with a woman not your wife?"

  "Yes." Rex explained that for three years he’d been having an affair with a public relations executive called Danielle Tucker. He stayed at her apartment on the night his wife was murdered, then drove back down to the beach-house early the next morning.

  Brian scowled. "Christ. Why didn’t you tell us earlier?"

  Rex paused for a long time and frowned. "Isn’t it obvious? I wanted to protect her and was worried an affair would count against me. The cops would think we both plotted to kill Alice. Using Hugh as my alibi witness seemed a lot smarter at the time."

  Brian snorted. "It looks pretty shabby now."

  "I accept that."

  "And you’re still in a relationship with Danielle?"

  "Yes."

  "So she’ll give evidence, if you ask?"

  "Yes, I think so. But is that really necessary?"

  "Yes. Despite Grimble’s evidence, this trial isn’t over. I think we have to tell the jury about her. It would explain your lies and - finally - give you a decent alibi."

  "I understand."

  "Good, so give her a call and ask her to see us this afternoon, after court."

  Rex reluctantly nodded. "Alright. I’ll try."

  Rex used Bernie’s mobile to call Danielle Tucker and spent several minutes reassuring her that the trial was going well and explaining how Hugh Grimble’s scheme had collapsed. "So, umm, it’s time for a change of plan. I’m afraid you’ve got to give evidence … Yes, I know … But we’ve got no choice … You will? … Good."

  He gave her the address of Brian’s chambers and asked her to be there at 4.30 before hanging up.