A Private and Convenient Place

by Michael G T Stokes

  Hood sat back in his chair and shook his head.

  ‘That’s all we need. By stating the name will be released on Monday, the chief has as good as confirmed it was Hanlon. I can’t imagine what the judge will have to say.’

  ‘Will it de-rail the trial?’

  ‘I would think so. The defence had hardly started to cross-examine. The judge will probably have to discharge the jury.’

  ‘So, you’ll have to start again?’

  ‘So it seems. But whether we’ll get Duffy back into the witness box is something else. Once he finds out Hanlon is at liberty, he’ll probably refuse to co-operate. He’ll know the risks to his safety will increase considerably. This escape proves that Hanlon or those assisting him have contacts deep within the Prison Service, and probably elsewhere. I can’t see him putting his neck on the line a second time.’

  ‘Well it’s not your fault, darling. They can’t blame you for this. It’s down to the prison, surely?’

  ‘You know the chief. He’ll pass the buck well away from himself. I was put in charge of this operation and it’s gone disastrously wrong. It’s not going to do my promotion prospects any good at all.’

  Chapter Thirty-Three

  Monday morning was cold, damp and overcast. It matched Cronshaw’s mood as he trudged into Trent Street and was admitted to the court building by a side entrance. He went straight to the robing room to find his junior. Beyond the gates, the street was littered with television news vans vying for position. Even the BBC had turned out. As the jurors made their way into the court building via their own entrance, their excitement was marked. They had all seen the reports on television and had inferred, rightly, that the escaped prisoner was Joseph Hanlon. There was an air of anticipation tinged with disappointment in the jury room.

  ‘That’ll be it,’ said Bryan, with a sigh. ‘We’ll be discharged. They won’t be able to go on with the trial. I saw it happen when I was last on a jury, seven years ago, and we were never told why. Legal reasons was all the judge said.’

  ‘It doesn’t necessarily follow,’ said Paul Green who remained calmer than most of the others. ‘Perhaps the defence will want to carry on. They’d made a bit of progress with Hanlon and may well have made more.’

  ‘Let’s just wait and see,’ suggested Miss Duston.

  ‘It was very daring though, wasn’t it,’ said Hannah Mathews, unable to contain her excitement. ‘My husband reckons this must have been planned a long time ago. And he used to work in the Prison Service, until he started his own business. It happened once before in the eighties, apparently. A helicopter actually landed on a prison sports field and two prisoners got away. I think they were caught afterwards. It wasn’t supposed to be able to happen again.’

  ‘Well it has happened again. And it was obviously well organised. They won’t be locating Hanlon any time soon. He’s far too clever for them,’ said Bryan. ‘You just wait. It’s hardly worth my while taking my bicycle clips off! We’ll be home by lunch time.’

  ‘I hope you haven’t been discussing the case with your husband, Hannah,’ said Miss Duston. She sounded slightly disapproving.

  ‘Of course not!’ said Hannah, displaying a degree of petulance. ‘I was referring to what was on the television news. That’s not discussing the case, is it?’

  Further argument was cut short be the arrival of the jury bailiff.

  ‘The judge wants you to know we won’t be sitting until about eleven o’clock. There are matters he needs to discuss with counsel. I’ll let you know when we’re ready. His Lordship has also asked if you would remain in your room until called. There’s a lot going on outside and he doesn’t want you getting mixed up in it.’

  ‘Swarming with Press, I suppose?’

  ‘You can say that again!’

  ‘What did I tell you,’ said Bryan as the jury bailiff departed. ‘Legal reasons! They’ll be working out what they’re going to tell us.’

  ‘More like what they’re not going to tell us,’ observed Jimmy Murphy.

  ‘I still say we should wait,’ said Miss Duston. ‘There’s no point speculating. Now, who would like one of these muffins I made yesterday?’

  She took the cake tin from her handbag, removed the lid and showed what she had baked to the other jurors who quickly gathered around. Her previous efforts had been well received and there was no shortage of would-be consumers.

  ‘I did make one for the judge,’ she added with a smile, ‘but I don’t suppose it would really be proper to offer it to him.’

  * * * *

  As the court assembled, Harold Cronshaw was still looking particularly glum. He was not looking forward to the day’s proceedings. As the chief inspector had anticipated, Duffy had already made it clear that he would not attend court again. Not with Hanlon on the loose. He no longer cared about getting a further reduction in his sentence. He simply wanted to live. Hood had visited Long Lartin first thing in the morning and had failed to persuade him to cooperate. He arrived back in Nottingham just after the court had assembled but had not had the opportunity of speaking to Cronshaw. As he made his way into the courtroom, Everdene having lifted the ban on his coming into court, he noticed that the Press benches were completely full. Several journalists had not been able to get into the courtroom. They wandered about outside waiting for a place to become available.

  The judge was looking particularly serious as he addressed counsel in the absence of the jury.

  ‘I take it that we shall not be seeing Mr Hanlon this morning, Mr Cronshaw?’

  ‘No my Lord. Your Lordship will have seen the television news and this morning’s newspapers?’

  ‘I have. What do you propose we should do now? Is there any point in adjourning the trial for a day or two in the hope of discovering Hanlon’s whereabouts?’

  ‘Every effort is being made to locate him, but I suspect he’s not going to be found for some time, if at all. And any contribution he might make to the trial after his escape from custody might not be very meaningful anyway.’

  ‘What do you say, Mr Everdene. I suppose you have an application? You had hardly started your cross-examination?’

  ‘That is true, my Lord. And I thought I was making some progress, too. But I have no application. I have my instructions. My client wishes the trial to continue and I can see no legal reason why it shouldn’t. It’s not the first time a witness has absented himself during a trial. We can’t allow such a deliberate act by a prosecution witness to interfere with the course of justice.’

  There was a shocked response around the court room. The judge nodded and looked at Cronshaw.

  ‘I must confess, Mr Cronshaw, that was not what I expected to hear from Mr Everdene. I anticipated an application to discharge the jury. Can you think of any reason why the trial should not continue?’

  The judge glanced towards the dock. Julia Hamilton remained unmoved.

  ‘Mr Everdene’s reaction has taken me by surprise, too, my Lord. I would welcome a short adjournment to consider the position. If the jury were to be discharged and a re-trial sought I would have to check the position with the other witnesses, particularly Duffy.’

  ‘Is there likely to be a problem with Duffy?’

  ‘That is one of the reasons why I am asking for a short adjournment. He was being spoken to this morning by Mr Hood, who I see has just arrived in court.’

  Everdene interrupted. ‘I have no objection to a short adjournment, my Lord. But the position of the defence will not change. Our application will remain the same. That the trial should continue. No doubt if your Lordship were to discharge this jury, for whatever reason, the Crown would seek to keep my client in custody.’

  Cronshaw agreed. ‘We most certainly would. In view of events over the week-end…’

  ‘Which have absolutely nothing to do with my client,’ insisted Everdene. ‘It is quite obvious now why H
anlon agreed to assist the Crown. So he could engineer his own escape from custody.’

  The members of the Press were scribbling furiously. That is exactly what they wanted to hear.

  ‘I don’t think we should reach any firm conclusions yet,’ said the judge. ‘I shall rise for twenty minutes.’

  He looked at the clock on the far wall.

  ‘Ten-forty.’

  Chapter Thirty-Four

  Hood made his report to Cronshaw. Duffy would simply not come to court again. He was too frightened. Nothing would persuade him or compel him. Hanlon being at liberty put his life in immediate danger. Even if he were out of the country, he would still be able to organise someone to deal with Duffy. Hood could hardly disagree. Both Duffy and Doyle would now be very much at risk.

  ‘This whole deal proceeded on the basis that Hanlon would be in custody,’ Duffy had insisted. ‘All bets are off,’ he had said. ‘It’s not my fault Hanlon was allowed to escape.’

  ‘Suppose we catch him?’ Hood had offered.

  ‘Dream on,’ Duffy had replied. ‘You’ll never see him again.’

  Cronshaw sighed as Hood finished his account. He could hardly disagree with Duffy’s assessment. ‘Any progress in locating him?’ he asked.

  ‘None. We’ve found the helicopter. It landed in a field near Tollerton, just south of Nottingham. It had been stolen from a private landing ground near Newark.’

  ‘Stolen?’

  ‘That’s what we’re being told at the moment. But I have my suspicions. The owner’s son has been on our radar for some time. There’s more than a suspicion he’s been involved in importing drugs. And he has a pilot’s licence.’

  ‘Very useful for a drugs importer?’

  ‘Quite. But he has what appears to be a cast iron alibi. He was in police custody at the time. In Loughborough. His girlfriend reported he’d assaulted her. She’s since withdrawn the allegation of course.’

  ‘Why Loughborough?’

  ‘They were at an all-night party on Saturday. Neighbours called the police and a fight broke out. She was drunk, or appeared to be, and made the complaint. He spent the night in the cells. He was not released until the early afternoon.’

  ‘Anything else?’

  ‘The keys were stolen from their home. There’s evidence of a break in but it’s still under investigation. We’re also checking all the cameras in the area where the helicopter was found and where it was stolen from, always assuming it was stolen. The difficulty is, both locations are rural. No cameras apart from on the main roads.’

  ‘Do you think he’s still in the area?’

  ‘No idea. But I’m not at all optimistic that we’ll find him, or those who assisted him. It looks like a highly professional job.’

  ‘So, we have little option but to go on with the trial? No Duffy and no Hanlon if we start again. And the defence will hold all the best cards.’

  ‘There’s still Duffy’s evidence if we carry on and you never know, she might give evidence? You might catch her out?’

  ‘I doubt that very much, but we can but try. I wonder what the Attorney will say about this? Had I been listened to, this problem would never have arisen.’

  Hood was forced to agree but he had other concerns.

  ‘And there’s Doyle to consider too. Will this put a block on his release?’

  Cronshaw shook his head.

  ‘Quite the reverse I would think. The politicians will be even more nervous. If Hanlon believes that Doyle exposed Duffy, he’ll be just as much at risk as Duffy, if not more so. He’s likely to be easier to get at than Duffy. He’s already been attacked on three occasions.’

  ‘It’s a bad business alright,’ said Hood. ‘I’m sorry I can’t be of more assistance.’

  Cronshaw left Hood and joined Everdene and junior counsel in the robing room. Felicity Garrard smiled as he walked in.

  ‘Offering no further evidence?’ she teased. Cronshaw did not react.

  ‘A word with you, Edwin,’ he said. ‘In private, if you don’t mind?’

  Everdene smiled at his junior.

  ‘Silks only,’ he said, putting his finger to his lips. He followed Cronshaw out of the room.

  ‘Well Hal,’ he said, as the two silks wandered into the café and ordered a couple of coffees. ‘This is a mess, isn’t it? And the Attorney’s in The Hague. You’ll have to make any decisions without his contribution, I assume?’

  ‘Your decision, initially,’ countered Cronshaw. ‘If this jury is discharged, we may not be able to go on against your client again. Hanlon’s a non-starter - even if they find him – which is unlikely. I would certainly not rely on him again.’

  ‘That’s what I expected you to say. But will the Attorney agree with you?’

  ‘He’s not here and I have no intention of getting in touch with him before this evening. I wouldn’t want to interrupt his junketing in the Netherlands. I’ll speak to the DPP if the jury is discharged.’

  ‘I take it that wasn’t your idea to use Hanlon in the first place?’

  ‘You may well be right about that, but I’m not at liberty to say anything more on the subject.’

  He smiled, knowingly.

  ‘How long before you’d made a decision, about a re-trial I mean?’

  ‘Couple of weeks. No more.’

  ‘And would we be bailed in the interim?’

  Cronshaw smiled.

  ‘No chance. We don’t want Hamilton on her toes as well, do we?’

  ‘The judge could impose strict conditions.’

  ‘I thought we were being realistic? She’ll disappear faster than Hanlon. But it will be up to the judge at the end of the day.’

  ‘So you won’t give us a clear run?’

  Cronshaw smiled but shook his head.

  ‘As you please. I shall maintain my position then and go on with the trial. She won’t want the aggravation of waiting even that long for a decision, not when things seem to be going our way. There’s only really Hood left to give evidence. I shan’t be long with him. I agreed to him coming into court this morning because of the week-end’s events and we can agree the admissions your junior has drafted.’

  ‘And you’ll call your client will you? And Kelly Maguire?’

  Everdene smiled. ‘She’s very keen, but will accept advice. We’ll have to see how things stand at the end of the prosecution case. The departure of Hanlon in such dramatic circumstances may mean I have a submission.’

  Cronshaw almost scoffed.

  ‘I thought you were relying on his evidence about the phone tapping? Very helpful that, always assuming it’s true.’

  ‘Shall we wait and see? I could always make a submission after Maguire has given evidence. There’s no doubt she was not at Grayling’s home on the sixteenth of March. You won’t shift her on that.’

  * * * *

  The court reassembled in accordance with the judge’s instructions. The jury was still absent. Everdene spoke first.

  ‘My learned friend and I have discussed the situation, my Lord, I maintain my position. I have no application to make. Not at this stage. We submit that the trial should proceed.’

  The judge looked at Cronshaw. He was obviously concerned.

  ‘Then do you have an application Mr Cronshaw?’

  ‘No, my Lord. The Crown is content for the case to proceed. In the circumstances, we shall no longer rely on the evidence of Hanlon.’

  He glanced at Everdene who, inevitably, took a contrary view.

  ‘Whatever stance the Crown may take; his evidence is before the jury. It is surely for them to decide what to make of it?’

  ‘It’s not entirely a matter for the parties,’ said the judge. ‘It is my duty to ensure that the defendant has a fair trial. This development has taken us all by surprise. It is open to me to discharge this jury o
f my own motion, is it not?’

  Everdene responded quickly.

  ‘That would be a very unusual step to take in the absence of an application by either the Crown or the defence, my Lord. There is no saying when a re-trial could take place.’

  ‘Would there be a re-trial, Mr Cronshaw? Are you able to make a decision about that in the absence of the Attorney-General?’

  ‘As far as I am concerned, my Lord, the decision will be mine, after consulting the DPP’s office.’

  ‘So you cannot state unequivocally what the position will be?’

  ‘I can tell your Lordship this much. In the event of this jury being discharged, if Duffy can be persuaded to attend, a re-trial will be sought. If he will not, we may be in difficulties. He is, understandably, concerned about his safety now that Hanlon is at large.’

  ‘I can understand that. His cooperation was probably grounded on the fact that Hanlon would be safely in custody?’

  ‘Your Lordship has the point!’

  Everdene rose to his feet.

  ‘I maintain my position, my Lord. There is, in my submission, no reason why the trial should not proceed in the absence of Hanlon.’

  The judge paused.

  ‘Very well, we shall proceed. It means, of course, the only direct evidence of identification will be that of Duffy.’

  ‘And any other evidence that may be called.’

  Cronshaw glanced at his opponent and smiled.

  ‘There is also the circumstantial evidence. We must not overlook that. Circumstantial evidence can be very probative on occasions.’

  Chapter Thirty-Five

  ‘Thank you, Mr Hood. Do wait there. I’m sure my learned friend will have some questions for you.’

  Cronshaw sat down. Everdene was quickly on his feet.

  Markham-Moore whispered in Cronshaw’s ear. ‘The letter. We need to adduce her letter to Doyle!’

  ‘Damn!’ said Cronshaw under his breath. Hanlon’s escape had affected his concentration. ‘Let’s hope I can get it in in re-examination. Otherwise we’ll have to put it in the admissions.’