“What is the purpose of such a transfer?” Bouchard asked.
“For the defendant to be held for trial in another matter. It is their contention that he bombed civilian vehicles lost in the desert at a time and place other than Mutlah Ridge.”
“We know where that came from,” Hank said as he came to his feet. “Your Honors, Iraq has the death penalty, which the Statute specifically prohibits. To extradite Mr. Tyler would subject him to Koranic law and certain execution.”
The flicker of a smile crossed Bouchard’s lips. “The court does not ‘extradite’ but ‘transfers.’” The flicker turned into a self-satisfied look. It was payback time. “Further, Article Eighty of the Statute, which addresses the penalties of which you speak, clearly states that ‘Nothing in this Part affects the national application by States of penalties prescribed by their national law.’ However, we will take the prosecutor’s petition under review.”
Cassandra spoke in Hank’s ear. “We didn’t see that one coming. Sorry.”
“Neither did I,” Hank admitted.
“Madam Prosecutor,” Bouchard intoned, “please call your next witness.”
Denise came to the podium. “It is our intention to call the Reverend Tobias Person as a witness. Unfortunately, Reverend Person is currently in the southern Sudan at his mission where there is a great deal of unrest and fighting. Consequently, the Victims and Witnesses Protection Unit has determined that any travel at this time would endanger Reverend Person’s security and very life. Therefore, the prosecution calls Watban Hamza Horan.”
Cassandra was there for Hank, her voice urgent. “Horan is not on the witness list. He’s a Palestinian lawyer who works for the court and does official translations.”
“Objection,” Hank called, coming to his feet. “There is no Watban Horan on the witness list.”
“Monsieur Horan,” Denise replied, “is not a witness but an officer of the court. It is in that capacity that he is entering a sworn statement by Tobias Person into evidence.”
“Your Honor,” Hank protested, “the defendant has the right to examine all witnesses against him. We cannot cross-examine a statement. Further, as we have called the Reverend Tobias Person as a witness for the defense, to admit such a statement, without examination by the defense, is highly prejudicial to the defendant.”
Bouchard was in his element. “I’m quite sure defense counsel is aware of Article Sixty-eight that requires the court to take appropriate measures to protect the safety of all witnesses. To that end, the court may allow the presentation of evidence by electronic or other special means.”
Hank kept hammering away. “Need I remind the court that Article Sixty-eight is primarily concerned with crimes involving sexual, gender, or violence against children?”
Denise stood. “But not limited to,” she added, quickly sitting down. Bouchard turned to Della Sante and then Richter. Both nodded.
“They owe him on this one,” Hank murmured to Aly.
“Overruled,” Bouchard said.
“Your Honor,” Hank said, “We need to confer for a moment.” Bouchard granted his request and Hank quickly explained to Gus what was going to happen and what he wanted Gus to do. He returned to his seat.
A strange little man entered the side door. He appeared to be in his late fifties, rotund, and with wisps of gray hair sprouting from his balding head like clumps of crabgrass. He recited the undertaking to tell the truth in French and spoke in full and resonant tones worthy of a Shakespearian actor. Denise spoke in French and went through the introductory routine. She established that Horan did not speak English, had traveled to the Sudan with a clerk of the court, and taken a sworn statement from Tobias Person. The clerk handed Horan a thin document to read. Horan turned to the first page and started to read in French.
Gus was on his feet. “Your Honor, Toby doesn’t speak French.”
“What’s he doing?” Aly whispered.
“We’re going through the backdoor on this one,” Hank replied in a low voice.
“You can listen to an official translation,” Bouchard said. “A headset is beside your chair.”
“I speak French,” Gus said.
“Please be seated,” Bouchard said. Gus didn’t move. “Sit down.” Gus refused to move and Bouchard’s face turned bright red. “The defendant is out of order. Counsel, tell the defendant to sit down.” A murmur worked through the spectators.
“Your Honor,” Gus said, “you mentioned ‘other electronic means.’ Why can’t the court contact Toby by satellite phone?”
Now it was Hank’s turn. “Defense will not object to the Reverend Person testifying by satellite relay or radio.”
Denise turned to Gus. “The prosecution tried to establish contact as recently as this morning but all communications are cut off. Given the current situation in the area, we do not foresee contact being established in the foreseeable future.”
Bouchard conferred with Richter and Della Sante. “The court will hear the statement,” he announced.
Gus sat down as Hank donned his headset. He half-listened, waiting for the telling part he knew was coming. Horan read with dramatic intensity but the translator’s voice was flat and without emotion.
“Question: Were you flying with Captain August Tyler when you attacked the convoy on Mutlah Ridge?
“Person: Gus Tyler was my nose gunner, and one great pilot.
“Question: Was it your intention to attack the convoy?
“Person: That’s why we were there.
“Question: What weapons did you use?
“Person: Snake Eyes, that’s a 500-pound bomb, and CBUs.
“Question: Are these Snake Eyes or CBUs precision weapons?
“Person: Absolutely not. That’s why we called them dumb bombs.
“Question: Were you aware that civilians were in the convoy?
“Person: Absolutely.
“Question: Did you take all reasonable precautions to minimize civilian losses?
“Person: Well, we were preoccupied at that particular moment.
“Question: Were you aware that civilians are protected by the Geneva Convention?
“Person: We were all briefed on the Geneva Conventions.”
Horan finished reading the statement and an expectant hush fell over the courtroom as Denise adjusted her reading glasses and turned a page of her notebook.
“Do you affirm that the statement by Tobias Person is complete and unabridged?”
“I so affirm,” Horan intoned in French.
Denise looked over her glasses at Hank. “The statement is entered as prosecution exhibit two hundred and fifty-three.” Every head turned to hear Hank’s objection.
Hank came to his feet as Cassandra whispered that there was no way the judges would sustain any objection against admitting the statement. Hank bit the bullet. “The defense has no objection to the statement, as read by Mr. Horan, being entered into evidence.”
“So entered,” Bouchard intoned with finality.
Denise turned to the judges, and bowed her head. “If it may please the court, the prosecution rests.” She sat down as Horan stood to leave the stand.
Hank came to his feet. “Please, sir, the defense has some questions.” Horan looked at him, uncomprehending. Hank gave him an encouraging look. “It is traditional, you know.”
Bouchard rapped his gavel. “As the statement was taken by an officer of the court, and it is complete and unaltered, the statement speaks for itself.”
“Your Honor, it is not the statement, as read, that is under question. That is why the defense had no objection to it being entered into evidence. However, the circumstances surrounding it require clarification.”
Della Sante, obviously upset, dominated the conversation as the three judges conferred. A decision was reached. “We will allow some clarification but nothing else,” Bouchard announced.
Horan sat down, a very unhappy man. Denise had assured him that as an officer of the court, he would not be sub
ject to cross-examination. He donned a headset. “Mr. Horan, do you speak any English at all?” Hank asked. Horan listened to the translation and answered in French, saying that he did not speak English. “In what language did you conduct the interview?” Again, they went through the process and Horan said that the interview was conducted in Arabic as the Reverend Person was very fluent in Arabic and did not speak French.
“Was the interview taken down in shorthand or recorded electronically?” Horan replied that the clerk, who did not speak Arabic, recorded it. He then translated the recording into French as the clerk replayed it. The same clerk then typed the hardcopy that was read in court.
“Did you ever have possession of the original disk?” Horan replied that the disk had been in possession of the clerk and that he had never touched it. Hank turned to the bench. “Given the importance of Reverend Person’s statement, and as it has been entered into evidence, it is only fair and reasonable that the original recording be submitted to an impartial panel of translators appointed by the court to authenticate Mr. Horan’s translation.”
The judges again conferred for a moment. “The court agrees,” Bouchard said. “The original recording will be surrendered to the court.”
Horan glanced nervously at Denise. He spoke in French and the translator repeated his words in English. “The clerk had the disk but we can’t find it.”
Hank let his disgust show. “Your Honor, please direct the clerk to produce the disk.”
A burst of French exploded from Horan, and Gus threw up his hands in frustration. A low din swept across the courtroom even before the translator was finished. “We can’t do that because she is dead. That’s why we can’t find the disk.”
Cassandra’s voice was almost drowned out in the hubbub. “Call for an adjournment. Ammo is on the way.”
Hank was incredulous. “Do I understand that the clerk was Marie Doorn?”
“That is correct,” Denise said.
“Your Honor,” Hank shouted in the uproar sweeping the room, “the defense requests an immediate adjournment.”
“We are adjourned until tomorrow morning at ten o’clock,” Bouchard said.
Everyone stood. “So it was Marie they were after,” Hank said in a low voice to Denise. “Not me or Melwin.”
“I can’t believe that,” Denise protested.
“Just how much coincidence do you believe in?”
New York
It was a trans-Atlantic roundtable discussion with Liz Gordon in CNC-TV’s New York studio and Marci Lennox in the ICC’s studio in The Hague. “Marci,” Liz said, “it looks like total chaos from here. What is going on?”
“It’s a war zone over here,” Marci began. “First, there was the bombshell when Iraq demanded the ICC transfer Colonel Tyler to their custody to be tried on an unrelated charge of bombing a civilian bus during an unauthorized mission in the desert. The court has yet to rule on that. Then there was controversy over the Reverend Person’s statement that clearly states Colonel Tyler knew they were attacking civilians in the convoy. This is the prosecutor’s smoking gun that can convict the Colonel.”
“Will Sutherland be able to get it thrown out?”
“I think,” Marci replied, “that it all depends if they can find the original disk.”
“The prosecution has rested its case. So what can we expect from Sutherland?”
“There is some confusion as Horan is still on the stand. We don’t know which of his witnesses Sutherland will call, but everyone is waiting to see if Colonel Tyler will testify.”
“How well is Sutherland doing so far?” Liz asked.
“On the face of it, very well. So far, he’s managed to cast doubt on every aspect of the case and totally discredited two of the prosecution’s main witnesses. What he will do with Horan and Person’s statement remains to be seen. The ICC tries to blend two legal systems, the European accusatorial system and our adversarial system. The judges are not used to a situation where a skilled and aggressive lawyer can drive the court and take control away from a weak judge.”
“If Colonel Tyler is turned over to the Iraqis,” Gordon asked, “will he be tried under Koranic law?”
“Unfortunately,” Marci replied, “that does appear to be the case.”
Gordon faced the camera. “The video we are about to show is very graphic and violent. We urge you not to watch if you are upset by violence or let children under the age of seventeen see it. It shows a public execution last week on the main square of Basra in Iraq. An Islamic court, operating under Koranic law, had convicted a man of murder earlier the same day. Again, we must warn you not to watch if you are upset by violence.” The screen cycled to a scene in Iraq. A truck dumped a load of sand in front of a small front-loader that quickly smoothed it out. A convoy of vans drove up and police established a cordon around the sand as a hooded and bound man dressed in white was dragged out of a van. He was forced to his knees on the sand as his executioner carrying a short sword walked up behind him. The man’s hood was jerked off as the executioner raised his sword. The sword flashed in the noon sun and the man’s headless body gushed blood onto the sand.
“Justice is swift in Iraq,” Liz Gordon said.
Marci had the last word. “Above all this, we’re seeing the real Gus Tyler, calm and resolved in the face of adversity, and confident that he will find justice. But Hank Sutherland has his work cut out for him.” They were off the air.
“Liz,” Marci asked over the satellite feed, “where did you get that video?”
“A woman named Cassandra who works for a research company sent it over about twenty minutes ago. Keep up the good work, Marci. Think Emmy.”
“A girl can never get enough of those.”
The Hague
The three judges forming the presidency of the ICC stood when Denise entered the ornate conference room where they conducted their deliberations. They all sat in a tight cluster and Denise braced herself for the judicial scolding she was about to receive. “My dear,” Relieu began, speaking for the other two judges, “whatever were you thinking of?”
Denise summoned all of her cultural superiority and fixed him with a condescending look. “Whatever are you talking about?”
“You rested your case prematurely,” Relieu replied.
“I assumed I was dealing with competent judges and once the Person statement was admitted into evidence, my case was proven. What else did they need to hear? After all, we are a court of jurisprudence, not a theater for entertaining the public.”
“But my dear,” Relieu replied, “we are both. You had reached the climax of your case. Now you must put a conclusion on it before Sutherland has the opportunity to do it for you. The evidence you submitted to the court proves Tyler’s guilt. It remains for you to vest it with complete moral authority. Only then will the court’s preeminence on the world stage be assured.”
The elderly Spaniard considered the court’s best political tactician leaned forward and held her hand. “I will explain to Bouchard how to keep your case open. It is really a very simple matter. But you must do the rest.”
Denise gave him a pleading look. “What do you suggest?”
Gus heard the familiar click of heels in the corridor and quickly sat on his bunk. He wrapped his arms around his knees, clasping them to his chest as Therese Derwent burst into the cell. She sat beside him and took his hand. “You saw it?”
“The execution? It was on the late news.”
“It was horrible,” she said.
He stared at the wall. “What’s going to happen is going to happen.”
“It’s barbarous. The court will never allow it.”
“Wouldn’t it?” He fixed her with a sad look. “They’re a bunch of clowns, Therese.” He waited for her reaction.
Her eyes glowed at the sound of her name. “I won’t let it happen.”
“There’s not much you can do about it. I’ll get through it.”
“I have a sedative, if you need it.”
She opened a small packet and gently placed the capsule between his lips. Then she held a cup of water for him to drink. She sat down as he relaxed. “Everything will be fine,” she said.
TWENTY-SIX
The Hague
Bouchard’s secretary worked to hide her smile when the judge entered his office the next morning. “You are wanted in the presidential chamber,” she said. She added “Immediately” to get his attention, and watched in satisfaction as he scurried out the door. She picked up the phone. “Aly,” she began.
The Belgian judge was panting when he entered the presidential conference room. where the three presidents of the court were waiting. As with Denise, Relieu spoke for the other two men. “This is turning into a fiasco. Two things must happen if we are to maintain the dignity of the court. You must regain control, and there must be a conviction.”
“I see no problem achieving a favorable verdict. The statement by Tobias Person is proof of Tyler’s guilt, which is obvious even to Della Sante. But Sutherland is impossible to control. He uses everything against us.”
“Gaston,” Relieu fumed, “coordinate your actions.”
“If Sutherland learns I spoke to Du Milan without him being there …” He shuddered. “He has spies everywhere.”
“We are aware of that disturbing fact,” the Spaniard said. “So we have done it for you. When you reconvene this morning, ask a very simple question and move forward. Everything will be back on track.” He leaned forward and spoke in a low voice.
Hank paced the holding cell outside the main courtroom. “Don’t expect a quick ruling on the Iraqi petition,” he told Gus. “They want to hold it over our heads so we’ll roll over and take a conviction; better a Dutch prison than being transferred to the Iraqis.”
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