“Christ Almighty!” said Tom, slumping forward in his chair. He turned to Mags. “We can’t ignore all that just because we don’t want to hear it. Blind denial isn’t going to help our son.” His voice was rising and shaking at the same time.
“So what’s that supposed to mean, exactly? You’re not seriously thinking …!”
“Look, hear me out and then we can talk about what we think and what we believe – and more importantly – what we need to do,” Daniel said. “Arguing amongst ourselves isn’t going to help Jack either.”
They both became silent and turned back to him.
“On Tuesday, last week, the police received a tip-off from someone – anonymously, by phone – informing them that he had information that drugs were being stored in the homes of both Jack and Jason – Jake and Jasper. That is what prompted the raids earlier this week.
“Two mobile contact numbers provided by all seven witnesses were being operated on a pay-as-you-go basis by two people who had given false names and addresses in acquiring them. DI Cottrell phoned both numbers while they were searching Jack’s bedroom. The first call was answered by a DI Waters at Jason’s house on a mobile phone he’d just found under the floorboards there. Her second call wasn’t picked up but the number was later confirmed as that of a phone hidden in the wardrobe in Jack’s room under a panel next to the one where the drugs were. Apparently the phone was switched on but the battery had been discharged. With that phone was a half-empty box of disposable surgical gloves. Traces of the glove material were later found on the phone itself and the packets.”
He stopped pacing for the first time and sat down on the end of the sofa.
“That’s it; the full story,” he said. “That’s what we’ve got to work with – or against, in fact.”
They were all silent for a long time.
“So, what do we do, Dan? You make it sound hopeless,” Tom said.
“Not at all. Those are the facts of the case so far. If they are charged – and in the face of those facts it does seem likely, I’m afraid – a jury has got to believe they could have done it – not just the mechanical means to do it, but the will, the capability, the …whatever. And it’s a difficult one to call. The main person in the spotlight will not be just any nineteen-year-old local man; it will be the son of the Home Secretary. And that could have a bearing on the case if it comes to trial, which, as I say, I am pretty sure it will.”
Mags gave a little sigh, which was really a suppressed sob.
“And that fact could affect it either way,” Daniel continued, glancing at her. “There will be a wave of sympathy for you both, there’s no doubt about that. Ellen Gormley wasn’t just speaking for the House yesterday, she was reflecting pretty much the feelings of the whole country. So that’s good; that could have a knock-on effect with the jury.
“On the other hand, this can work against us. They could see it as a challenge to its impartiality, and that could sway them the other way into the face of that public sympathy. Because they – the courts – know, that the very people who say they can’t believe the son of Tom Brown would do such a thing, will be the same ones who, after an acquittal, would say ‘well, it was obvious they wouldn’t let him be convicted’. And that could be a big problem going forward.”
“Jesus, Dan, you’re a real comfort,” said Mags, standing up and walking across the room to stare out of the window. “You’re saying that the judiciary might convict him just to show that there’s no favouritism, even though he’s innocent.”
“No, Dan isn’t saying that …” Tom started to respond, but Mags cut him short.
“Isn’t that what you just said, Dan?”
“No, Maggie,” said the lawyer. “Not exactly. …”
“Okay, what exactly did you say, then?”
Daniel hesitated. “Well, firstly, the judiciary can’t convict him – only the jury can reach …”
“Oh, for God’s sake, Dan, you know what I mean. Even with the new jury system, the judge can still swing it in most cases.”
“Some cases, certainly,” he replied. “But I wouldn’t say most. Look, Maggie, I’m just trying to lay this out objectively. Just trying to make you see the dynamics of the thing. And please don’t tell me you weren’t both already aware of them anyway.”
“No, you’re right,” Mags sighed. “But let me tell you something – again. Jack is innocent. Of that I am one thousand percent certain. Right, Tom?” She almost shouted the question at him.
Tom said nothing, but nodded his reply. She glared at him as she continued to address Daniel.
“If you had seen him that night, before they showed us the … stuff, it was obvious – absolutely obvious – that he had no idea it was there. He was worried about them finding the porno mags, worried because he thought we’d be upset. And when we said it wasn’t those they were looking for, it was drugs, he just laughed. He was so thankful because he genuinely believed he wasn’t going to be in trouble. Surely you felt that, Tom?”
“Yes, that’s right,” Tom said. “It was clear he didn’t think …”
“And do they seriously think he would draw their attention to where he was keeping the stuff by clearing everything on top of it out of the way?” said Mags. “What did they think he was going to do – flush the lot down the toilet while they waited outside?”
“I understand that is a bit of a sticking point for the CPS. But on the other hand, are people likely to believe that he seriously thought the police had raided the Home Secretary’s property at five in the morning to confiscate some naughty magazines. And when I say people, I mean a jury.”
Mags snorted. “It’s ridiculous. And where’s the circumstantial evidence, Dan? It’s all hard, forensic stuff, nothing vague or questionable. Don’t you think that’s unusual?”
“I don’t think I follow you, Maggie.”
“Well, it’s all so neat. The calls, the packages, the mobiles, the gloves – all linked and seemingly rock solid. But what about the missing bits? Jack’s behaviour – no sign of any change – where’s the money? I suppose he spent it on the magazines! And Jason – Katey has hardly left his side over the past God knows how long. Wouldn’t she …?”
It was the lawyer’s turn to interrupt.
“I really don’t think we should pursue that line of argument,” he said. “If, God forbid, Jason is convicted, they could use that very fact – that Katey has been with him continuously – to look again at her possible involvement. I mentioned this before, Maggie; it’s best we leave Katey out of this as far as possible.”
“Christ, Dan,” said Tom, “you’re not saying she’s still a suspect, are you?”
“I couldn’t say categorically that she isn’t, although they appear to be satisfied for the moment. What I am saying is that convincing the jury that Jason couldn’t have done it without Katey knowing, is more likely to put her in the frame than take Jason out of it.”
As he finished speaking, his mobile sounded softly in his inside jacket pocket. He took it out and looked at the display.
“I’m sorry,” he said, getting up, “but I should get this. It’s Amanda – it might have some bearing on the case.”
Tom and Mags nodded and Dan walked out into the hall to speak to his assistant. Mags sat down again and they waited for him to return in complete silence. When he did he was shaking his head.
“I’m afraid that was more bad news. The police believe there could be a link between this case and a recent death on the Lawns Estate near Byfleet. About ten weeks ago a young addict died after using some bad cocaine. Forensics said the composition of the lethal dose was very similar to the stuff recovered from Jack and Jason. We requested independent testing of the samples, and that was Amanda with the results. I’m afraid our tests support the original findings. What they can’t say for certain – and won’t be able to prove – is that it came from the same batch. It is statistically possible that there were two similarly contaminated batches on the streets in the sam
e area at the same time. Highly unlikely but statistically possible. Also, there is no obvious connection between the dead user and the seven witnesses who contacted the police – different groups, different markets, so it’s unlikely they will put a lot of effort into establishing a link.”
Mags sank back in her chair and put her head in her hands. Tom went to her, putting a comforting arm around her shoulder, which she shrugged off. She turned to Daniel, her eyes glistening.
“But if they can make a link, Dan …what then? How much worse would that be?”
“Surprisingly enough, Maggie, legally no worse at all. It won’t bring any further weight of proof to the charge of trafficking, and that’s what we’re dealing with. If the charges are proven and the link is made to the death, then they could in theory also be charged with unlawful killing.”
Mags broke down and slumped forward, this time clinging to Tom as he held her to him.
“But, but …” Daniel stressed, “there would be no point in their doing that. The drug dealing carries the higher sentence in this case. The mandatory sentence.” He looked at Tom. “We are all fully aware of the rationale for certain elements of the NJR, but we’re still uncovering the ironies.”
Tom turned to glare at him as Mags again shook herself free of his embrace.
Daniel left soon afterwards, Tom walking him to his car and nodding his goodbye with a brief handshake. The lawyer half got into his car, and then stood up, turning to Tom again.
“Look, Tom, this thing about the death,” he said. “I didn’t want to say it back there, but it could have an impact on the case if it comes to light. I meant it when I said it was inadmissible, but we might not be able to prevent the Prosecution from mentioning it. At that point, of course, they will be told it’s inadmissible. But the damage would be done; it would be in the minds of the jury. We’ll try to suppress it, of course, but …” He sighed and looked away. “I’m sorry, Tom. I’d much rather be telling you both not to worry, that everything was going to be okay.”
“I know, Dan. Thanks all the same.”
*
Three days later
Week 5; Monday, 20 April…
Grace looked up as her office door opened. The man entering, unannounced and unaccompanied, sat down heavily on the chair in front of her desk and leant across towards her. He seemed very agitated and a little out of breath.
“Andrew. Quite a surprise.” She looked past him towards the door, expecting to see his usual entourage of security personnel, who on this occasion were conspicuous by their absence. “To what do I owe …?”
“Just wondered how you felt about this drug business with Jack Tomlinson-Brown, Grace. Any ideas …thoughts …feelings?”
Grace hesitated.
“Well, they haven’t been formally charged yet.”
“No, but we both know they will be; so what do you think?”
“Well, I think it’s unfortunate, and I really can’t believe …”
“The reality is,” Andrew continued, “this is a massive embarrassment for the Party, whatever the outcome.”
“Whatever the outcome?” Grace repeated. “You don’t really believe Jack did this, do you? Surely it has to be a mistake. He’s going to get off … isn’t he?”
“I don’t know whether he’ll get off or not,” snapped Andrew. “How the hell could I know? It’s the sort of question I should be asking you. It will be decided in the usual way; nothing we can …”
“Yes,” Grace jumped in with feeling, “but we all want him to get off, don’t we? Don’t you? You sound like you don’t give a shit. For God’s sake, surely …!”
“Don’t overstep, Grace! I’m just thinking of the bigger picture here. The longer term. There are enough people getting all bristly and wet-eyed on Jack bloody Tomlinson-Brown’s behalf. I thought I was going to throw up last Thursday when Gormley made her tear-jerking speech to the House. What the hell was she thinking of?”
“Am I missing something? All she was doing was saying what most of the people in the country will be thinking. That we’re all sorry for Tom, after all he’s done. What ‘bigger picture’? What ‘longer term’? I thought we were discussing the fate of the Home Secretary’s son. Just why are you here, Andrew? I should have known it wouldn’t be to show empathy with a fellow human being!”
Andrew was silent for a long time.
“You’re right,” he said. “I didn’t come here to sympathise – or empathise – with anyone. I came to give you my feelings about the situation. You see, we are promising the people of this country that we will protect them from harm. We will keep the bad guys away from them until we’ve got rid of enough to persuade the rest to be good guys. And I think they believe we can do it – so far.
“Now … the bigger picture, the longer term, which, apparently, you have had neither the time nor the inclination to think about. If Jack is found to be innocent, it means someone has infiltrated the Home Secretary’s home and perpetrated an elaborate frame-up right under the noses of some of the best security personnel in the land. The crème-de-la-crème of the very agencies charged with looking after everybody in the country. At which point that same ‘everybody-in-the-country’ could be excused for thinking ‘how the fuck can they promise to look after us if this happens to the Home fucking Secretary; the very person who has designed the fucking system to protect us’. Sorry about the language, Grace, but you know how these common people talk.
“On the other hand, if handsome Jack-the-lad is found guilty, along with his little ethnic pal, of generating a bit of extra cash to supplement the inadequate spends bestowed on him by his rich and beautiful parents, then I believe people will not perceive this as a massive breach of security – just the work of a clever little bastard who no-one could have reasonably suspected. In fact, those same agencies of law and order will get quite a bit of kudos for sorting out the ungrateful little shit.
“So now, here’s the dead easy question, Grace. Which outcome is best for us – and the country, of course – guilty or not guilty?”
Grace’s expression betrayed her mounting horror at what she was hearing.
“Don’t look so bloody shocked, Grace. You’re not exactly whiter than white when it comes to manipulating justice.” His voice was rising now.
“Manipulating justice! What exactly are you suggesting?”
“I’m not suggesting anything, Grace. Heaven forbid. As I said, there’s nothing we can do to influence it. Well, there’s certainly nothing I can do. I mean it would be totally out of the question for me to interfere in the process of justice, wouldn’t it?”
“Andrew, if you’re asking me to get involved with a view to…” she almost shouted at him.
“Grace, I haven’t asked you to do anything. I’ve simply stated, very objectively, the outcome that I believe would be best for the country as a whole. As I said, whichever way it goes, it’s a major embarrassment. I just think an embarrassment is enough of a setback, without an attendant crisis of confidence in this government. That’s all.”
“I’m still not sure. …” Her eyes suddenly blazed with anger. “This is Tom Brown we’re talking about. The hero of the NJR, as you recently called him. And this is how you recognise this man’s loyalty?”
Andrew thrust his face close to hers.
“This man! This man! Do you mean this man who you’ve been spying on for me for the past four years? Have you forgotten all those years of pretending to be his strong right hand, when all the time you were feeding back to me every single word this man had spoken to you in confidence? I shouldn’t be in too much of a hurry to set yourself up as a loyalty consultant, Miss Goody!”
Grace glared back at him then dropped her eyes.
“If Jack is innocent,” Andrew continued, backing off a little, “of course I wouldn’t want him to be exiled. But I repeat – it would not be a disaster for us – this government – if he were found guilty. I am not suggesting we should – or could – do anything to bring about su
ch a verdict, but neither let us expend any time or energy pushing for a ‘not guilty’ vote. We should clearly declare our sympathy for the Tomlinson-Browns, but not our support. Our support must be for our new system of justice. We have to be transparently objective throughout. Do we understand each other?”
Grace nodded.
“What I will say, though,” he continued, “is that if the verdict is guilty, then I want the process from that moment fast-tracked to completion. If they have to jump the queue to get them onto Alpha quickly, then I want you to make it happen. Okay? There will be no benefit in having this thing dragged out.”
As he rose to leave, he leaned across to Grace again, this time offering his hand. She looked at it for several seconds before standing herself and taking it limply. Andrew smiled.
“Let’s not fall out, Grace. We’re soul mates, you and I. Haven’t you always felt that?”
*
“It’s not official yet,” said Daniel, “but the police will be charging Jack and Jason tomorrow. That’s the latest they can do it after taking advantage of the full seven days for questioning, and they’ve let us know their intention in advance.”
They were sitting exactly where they had been seventy-two hours ago when Daniel had outlined the case against Jack and Jason to them, and he, as before, was pacing the floor in front of them.
Neither Tom nor Mags were able to speak.
“Nothing’s got any worse over the past six days,” Daniel went on. “We pretty well knew they’d be charged as soon as we saw the evidence, didn’t we? So this isn’t a backward step. We’ll request bail, of course, but this will be turned down. We have also let them know we will be asking for the maximum six-week extension before the trial. They have indicated that we are likely to be granted just two extra weeks, giving us four to prepare. But that’s fine; we’ll be ready.
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