Never Proven

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by Bill Daly


  ‘I didn’t want to go down that route.’

  ‘Why not?’ Gilligan cast his eyes down. ‘Because it might have created a bit of a scandal?’ Charlie suggested. ‘Because it might have shown your son up in a bad light?’

  Gilligan’s cheeks reddened. ‘Something like that,’ he mumbled.

  ‘So, in order to avoid a minor scandal, you allowed a perverted teacher to carry on as if nothing had happened? You withdrew your son from his school with no thought as to who Murdoch might target next?’

  ‘I informed some of the other parents of the situation,’ Gilligan protested. ‘They also withdrew their boys from the school.’

  ‘You mean you told two of your friends? Isn’t that what happened? And it was just hard luck on the sons of the parents you didn’t happen to be friendly with?’ Gilligan licked at his lips, but didn’t respond. ‘Was Ronnie still in touch with Murdoch after he left the school?’ Charlie asked.

  ‘Definitely not! I would never have allowed that to happen.’

  ‘Are you sure about that?’

  ‘Of course I’m sure,’ Gilligan stated forcibly. ‘I told Ronnie in no uncertain terms that he was never to have anything more to do with Murdoch.’

  ‘I’ll need to talk to your son,’ Charlie stated.

  ‘Is that absolutely necessary, Inspector? I don’t want to have this sordid business dragged up all over again.’

  ‘I’m afraid it is necessary,’ Charlie said. ‘And I would like to see him as soon as possible,’ he added.

  ‘I insist on being present when you talk to him.’

  ‘Of course. Would tonight be convenient?’

  ‘I have a dinner engagement this evening.’

  ‘How about tomorrow?’

  ‘I.. I suppose so.’

  ‘I could come to your house after Ronnie gets home from school – at, say, six o’clock?’

  ‘If you must.’

  ‘Thank you,’ Charlie said, pulling himself to his feet. ‘If you could let me have your address?’

  With bad grace, Gilligan wrote his address down on a slip of paper and handed it across.

  CHAPTER 18

  Andy Carter glanced at his watch. ‘It’s nearly ten o’clock. Anderson will be here any minute. Are you sure you’ve got the story straight?’

  ‘I think so,’ Gavin said nervously.

  ‘Take your time – don’t let him fluster you. I’ll chip in if he throws anything unexpected at you.’

  When the doorbell rang, Gavin went out to the hall and buzzed Tony in. He was waiting by the front door of the flat when Tony climbed to the second floor.

  ‘You must be Gavin Carter?’ Tony queried. Gavin nodded.

  Tony produced his ID. ‘Inspector Anderson couldn’t make it this morning so he asked me to stand in for him. I’m DS O’Sullivan.’ Gavin nodded again.

  When they went into the lounge, Gavin jabbed his thumb in the direction of the figure slouched on the settee. ‘This is my Uncle Andy.’

  Tony stopped in his tracks. ‘Our paths have crossed. You seem to turn up a lot these days,’ Tony said, addressing Andy. ‘Like the proverbial bad penny.’

  Andy got to his feet. ‘Better a bad penny than a bent copper,’ he sneered.

  ‘Ever the wee comedian. Have you been practising that one all morning?’

  ‘Why are you here?’ Andy demanded.

  ‘To talk to Gavin,’ Tony said. ‘DCI Anderson couldn’t make it.’

  ‘Then get on with it,’ Andy said, sitting back down.

  ‘Were you about to leave?’

  ‘Are you going to caution Gavin? Because, if so, he doesn’t have to say anything without a lawyer present.’

  ‘I’ve no intention of cautioning him. This is just an informal chat. There are a few things I want to clear up with him.’

  ‘In that case,’ Andy said, folding his arms across his chest. ‘I’m going nowhere. I’m staying right here to make sure you don’t harass the boy. Do you have a problem with that?’

  Tony shook his head. ‘No problem – as long as you leave the boy to answer my questions and don’t interfere.’ Placing the folder he was carrying on the coffee table, Tony sat down on an armchair. He indicated the armchair opposite for Gavin. Taking a sheet of paper from his folder, Tony smoothed it out on the table in front of him.

  He addressed Gavin. ‘Where were you last Saturday night between ten o’clock and eleven o’clock?’

  ‘Me and my uncle went for a pint.’

  ’That’s not what Lesley Adams told us. She said you went to Edinburgh with one of your mates.’

  ‘That’s what I told her,’ Gavin said. ‘She’d have had a hissy fit if I’d told her I was going out for a drink with Andy. She doesn’t like me seeing him, so I made up a story about going through to Edinburgh with one of my mates.’

  ‘Where did you go for a drink?’ Tony asked.

  ‘To a pub in the Calton. I don’t remember the name of it.’

  ‘It was The Jacobite Arms,’ Andy chipped in.

  ‘Why did you go there, Gavin?’ Tony asked. ‘You don’t live anywhere near the Calton.’

  ‘I had a flat there a few years back,’ Andy interjected. ‘The Jaco used to be my local.’

  Tony fixed Andy with a glare. ‘When I want to hear from you, I’ll be sure to let you know.’ He turned his attention back to Gavin. ‘Do you know a man called Jack Mulgrew?’

  ‘Never heard of him,’ Gavin said.

  ‘Well it appears that he knows you. He lodged a formal complaint in which he stated that you and your uncle assaulted him in The Jacobite Arms on Saturday night and that you nailed his hand to a cubicle door in the toilets. What do you have to say about that?’

  Gavin shrugged his shoulders. ‘That’s a load of pish.’

  Tony turned to face Andy. ‘When DCI Anderson and I came to see you on Monday, you told us you were at home on your own on Saturday night, reading the newspapers. Are you now saying that wasn’t the case?’

  ‘No comment.’

  ‘Oh, for Christ’s sake, Carter!’ O’Sullivan snapped. ‘Don’t give me any of that crap. Were you at home on your own on Saturday evening reading the papers? Or were you in The Jacobite Arms with your nephew? What’s it to be?’ Andy glared at Tony, but didn’t respond. ‘How about you, son?’ Tony asked, turning back to Gavin. ‘What were you really up to on Saturday night?’

  ‘I was having a drink with my uncle, like I said.’

  ‘Were you with him when he nailed Jack Mulgrew’s hand to the bog door?’

  ‘Don’t answer that, Gavin,’ Andy interjected.

  ‘How about you answer it, then?’ Tony said, swivelling round to face Andy. ‘Were you in The Jacobite Arms on Saturday night assaulting Jack Mulgrew, or were you at home, on your own, reading the papers?’

  ‘Okay, okay,’ Andy said, exhaling noisily. ‘I don’t suppose there’s any point in me trying to deny it. Me and Gavin nailed Mulgrew in the Jaco.’

  ‘At what time did that happen?’

  ‘Half-past ten.’

  ‘Why did you do it?’

  ‘Mulgrew had borrowed money and he’d got behind with his payments.’

  ‘Borrowed money from Jim Colvin?’

  ‘It had nothing to do with Colvin.’

  ‘You don’t say? Who did Mulgrew owe money to, then?’

  Andy shifted on his chair. ‘Me.’

  ‘You? Are you telling me that you’re into money lending?’

  Andy hesitated. ‘Aye.’

  ‘And you’re operating on Jim Colvin’s patch? When Colvin finds out that you’ve been muscling in on his territory, do you think he’ll be cool about that?’

  ‘I don’t know what you’re talking about.’

  ‘Come off it, Carter! Everyone and his uncle knows that the Calton is Jim Colvin’s patch – and everyone knows that you’re on his payroll.’

  ‘This had nothing to do with Jim Colvin,’ Andy insisted. ‘It was a private matter between Mulgrew and me.’ />
  ‘You and I both know that’s a complete load of bollocks,’ Tony said, clasping his hands behind his neck as he sat back in his chair. ‘But let’s assume I’m prepared to go along with that for the time being. How much did Mulgrew owe you?’

  ‘Five hundred quid.’

  ‘What about the yarn Colvin spun me in The Ettrick? He told me that he sent you to The Jacobite Arms on Saturday because he wanted you to pay back money he owed Mulgrew?’

  ‘So he did. That was only a hundred quid. I hung onto that, which meant Mulgrew still owed me four hundred.’

  ‘Give me a fucking break!’ Tony said, unclasping his hands and slamming his fist down on the coffee table. ‘Do you think I came up the Clyde in a banana boat?’

  ‘If you’re going to charge me with assaulting Mulgrew,’ Andy said. ‘I’m not saying anything else until I have a lawyer present.’

  ‘Let me have a think about that.’ Tony forced a thin smile.

  ‘Is that it?’ Andy said, getting to his feet.

  ‘You can leave anytime you like, but I’ve got a few more questions for Gavin.’

  Andy sat back down slowly.

  Gavin stared anxiously at his uncle, who gave him a quick, reassuring nod.

  Tony stared straight into Gavin’s eyes. ‘I want you to tell me exactly what happened in The Jacobite Arms on Saturday night.’

  ‘Andy just told you.’

  ‘I want to hear it from you.’

  ‘We went to The Jaco to sort out Mulgrew because he owed my uncle money.’

  ‘Describe Mulgrew.’

  ‘What do you mean?’

  ‘What was he wearing?’

  ‘I don’t remember.’

  ‘What did you do to him?’

  ‘We nailed his hand to the bog door.’

  ‘At what time did that happen?’

  ‘Half-past ten.’

  ‘Who did the nailing?’

  ‘Like Andy told you – me and him.’

  ‘I mean, who did the actual nailing? Who hit the nail with the hammer? You or your uncle?’

  ‘My uncle.’

  ‘What did you do?’

  ‘I held Mulgrew’s hand against the door.’

  ‘What did Mulgrew do?’

  ‘What do you mean?’

  ‘Did he try to keep his hand closed? Did you have to prise his fist open?’

  ‘Aye. I had to do that. I had to force his fingers open.’

  ‘How did he react?’

  ‘React?’

  ‘Did he scream? Did he whimper? Did he plead with you to stop?’

  ‘Aye – all of that.’ Gavin licked hard at his lips.

  ‘Was there a lot of blood?’

  ‘Quite a lot.’

  ‘Did the blood spurt out?’

  ‘A bit.’

  ‘Did you get any blood on your jacket?’

  ‘No.’

  ‘How about your uncle? Did he get blood on his jacket?’

  Gavin’s gaze flicked to Andy, who shook his head quickly. ‘I don’t think so.’

  ‘Have you ever done anything like that before?’

  ‘No.’

  ‘How did it feel, son? How did it feel to see a guy getting his hand nailed to the bog door? Did it make you feel sick? Did it make you want to throw up?’

  ‘I don’t remember.’

  ‘How many times did Andy hit the nail with the hammer?’

  ‘For fuck’s sake! I don’t know,’ Gavin wailed.

  ‘Think about it, son. Did the nail go through Mulgrew’s flesh with the first hit? Did you hear any of his bones breaking? Surely you must remember if Andy had to use the hammer more than once to pin Mulgrew’s hand to the door?’

  ‘I don’t fucking-well remember!’

  ‘You don’t seem to remember very much, son.’

  Gavin gazed sullenly at the floor.

  Getting to his feet, Tony picked up his sheet of paper from the coffee table. ‘That’s all for now,’ he said. ‘The only other thing I need, Gavin, is your mobile number.’

  ‘Why do you need that?’

  ‘Because I expect that DCI Anderson will want to have a word with you before too long.’

  Having noted down Gavin’s phone number on his sheet of paper, Tony slipped it back into his folder before turning to leave.

  ‘Their story stinks to high heaven, sir,’ Tony said.

  Charlie Anderson rocked back in his swivel chair and swung his feet up onto his desk.

  ‘Andy Carter might’ve nailed Mulgrew’s hand to the bog door in the pub,’ Tony said. ‘In all probability, he did. But as sure as hell Gavin wasn’t there.’

  ‘What do you think they’re playing at?’ Charlie asked.

  ‘Gavin was all over the place with his story, but one thing he was absolutely sure about was that the assault took place at half-past ten. And in Mulgrew’s statement,’ Tony added, ‘he went out of his way to record the fact that he was attacked at ten-thirty – which just happens to be the time the murder in Lawrence Street took place.’

  ‘How very convenient,’ Charlie said.

  ‘If we accept for now that Mulgrew was attacked at ten-thirty,’ Tony said, ‘and if Andy Carter was involved in the assault, then he couldn’t have murdered Preston. Andy must realise he’ll get a custodial sentence for attacking Mulgrew,’ Tony continued, ‘so why is he admitting it? Is he doing that to make sure we can’t implicate him in Preston’s murder?’

  ‘That’s a possibility,’ Charlie said. ‘But if you’re convinced that Gavin wasn’t present when Mulgrew was attacked, another possibility is that Andy is confessing to assaulting Mulgrew in order to give his nephew an alibi for his whereabouts at ten-thirty on the night in question.’

  ‘Do you think Gavin could have murdered Preston?’ Tony asked.

  ‘I don’t know. But I sure as hell want to talk to him.’

  ‘How did it go with Martin Gilligan?’ Tony asked.

  Charlie glanced at his watch. ‘The guys will be assembling now in the incident room for our eleven o’clock briefing session. I’ll update you all at the same time, but my number one priority right now is taking a leak,’ Charlie said, dropping his feet to the floor with a clang. ‘While I’m doing that, tell Freer to bring the team up to speed with what he found out about the mobile phones. I’ll join you in a couple of minutes.’

  Coming out of Lesley Adams’ flat, Andy Carter and Gavin walked briskly along Dumbarton Road to where Andy had parked his car. The mid-morning traffic was light as they crossed the city before heading out Great Western Road towards Drumchapel. Parking outside Terry’s high-rise tower block, they took the lift to the seventeenth floor.

  Terry hurried to the door when he heard the first note of the Westminster chimes. ‘How did it go?’ he asked anxiously as he was opening up.

  ‘First things first,’ Andy said as he walked in. ‘I need a fucking drink.’

  ‘I’ve poured them,’ Terry said, leading the way to the kitchen where he indicated the three tumblers of whisky sitting on the table.

  Andy lifted one of the glasses and threw the contents back in one gulp. ‘I suppose it went as well as could be expected, under the circumstances,’ he said, screwing up his face as the neat spirit hit the back of his throat. Picking up the whisky bottle from the table, he poured himself another stiff measure.

  ‘Thanks for doing that for me, Andy,’ Gavin said, holding up his glass and chinking it against his uncle’s.

  ‘You had to have an alibi, son.’

  Gavin took a sip of his drink. ‘It’s a first offence for me, Andy. There’s a good chance I’ll get off with community service. But you’re going to get sent down for assaulting Mulgrew.’

  ‘I didn’t do him a lot of damage.’ Andy shrugged. ‘I’ll probably get six months, which means I’ll be out in three, which is a hell of a lot better than you copping a life sentence for murder.’

  ‘You really didn’t need to do that for me,’ Gavin said. ‘Stuart would’ve covered for me if I�
�d asked him. I know he would.’

  ‘We’ve been through all of that,’ Andy said. ‘There’s too big a risk that the cops would be able to prove that you weren’t with Stuart – or that he would’ve caved in under pressure. In a situation like this, the only people you can rely on are family.’

  ‘I’m going to be in deep shit when my bird finds out that I told the cops I was with you,’ Gavin said, dragging his fingers through his gelled hair. ‘She’ll go mental. I told her I was in Edinburgh with Stuart.’

  ‘You’re going to have to live with that,’ Andy said. ‘From now on, the only version of events you tell anybody is that you were with me in the Jaco.’

  ‘She’ll chuck me out the flat.’

  ‘It’s a lot better to be chucked out of a flat than chucked into the Bar-L,’ Andy said.

  ‘Did the cops buy the story about you and Gavin nailing Mulgrew?’ Terry asked.

  ‘I don’t give a bugger whether or not they bought it,’ Andy said. ‘As long as they can’t prove otherwise, that’s all that matters.’

  ‘I don’t like it,’ Terry said, shaking his head. ‘I don’t like it one little bit. The next twenty years of Gavin’s life is on the line and we’re depending on a deadbeat like Mulgrew to keep him out of jail.’

  ‘For fuck’s sake, Terry,’ Andy snapped. ‘I’m going to be doing a stretch for helping your boy out – and this is the thanks I get? And by the way, I didn’t notice you coming up with a better idea.’

  ‘I’m just saying. How can we be sure that Mulgrew will stick to the story?’

  ‘Leave that to me,’ Andy growled, lifting his whisky tumbler to his lips and taking a slow sip. ‘I’ll make fucking-well sure he does,’ he said, throwing back the rest of his drink.

  Charlie Anderson walked into the incident room and lobbed a felt-tip marker pen in Tom Freer’s direction.

  ‘You’re the scribe today, Tom,’ Charlie said as he slumped down on a chair. ‘Nobody can read my writing.’

  Freer turned over to a clean sheet of paper on the flipchart board.

  ‘Have you updated the guys on what you found out about the mobile phones, Tom?’ Charlie asked.

  ‘Yes, sir.’

 

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