The Queen v. Karl Mullen

by Michael Gilbert

  Rising quickly from his seat, Martin Bull said, “I appear for the defendant and my learned friend Mr. Lashmar appears for the prosecution.” He got this out a beat ahead of Lashmar, who had also stood up, evidently considering that he had the priority.

  When Bull remained standing, the Magistrate shot a look of enquiry at him. Surely it was for the prosecution to begin?

  “Before we start,” said Bull, “I have an application to make. It has no connection with the merits of the charge. It relates solely to the question of jurisdiction.”

  Mr. Lauderdale said, “I have considered that question and it will have to be decided sooner or later. But should it not wait until a decision has been reached as to whether the evidence supports a committal or not? If my conclusion is that it does not, then the question of jurisdiction does not arise.”

  “I feel,” said Bull, “and I am sure that I have my learned friend’s support, that unless we take the jurisdiction point first, a great deal of the Court’s time may be wasted.”

  Lashmar nodded agreement. In fact, he was not ready for the hearing of the case.

  “Oh, very well,” said Lauderdale testily, “if that’s what you both feel, perhaps you would enlighten me, Mr. Bull, as to why a properly constituted Court of this country is unable to hear what appears, on the face of it – I offer no opinion as to its validity – to be a very simple charge of attempted theft?”

  “I must start, sir, by referring you to the Vienna Convention on Diplomatic Relations of 1961, which was incorporated into United Kingdom law by the Diplomatic Privileges Act of 1966.”

  “You may assume,” said Mr. Lauderdale, “that I am not entirely unacquainted with these two measures.” He had studied them both for the first time that morning.

  “Then if, as I trust I shall be able to do, I can demonstrate that the accused is, without question, a diplomatic agent, in the sense that this term is used both in the Convention and the Act, then might I draw your attention at once to Article 29 of the Convention. According to this Article, the person of a diplomatic agent is inviolable. He is not to be liable to any form of arrest or detention and the State that receives him is enjoined to take all appropriate steps—” here Bull spoke more slowly and with increased emphasis —“to prevent any attack on his person, his freedom or his dignity.”

  His dignity, thought Roger. Save and preserve us! How can he be expected to be dignified sitting behind an iron railing on a bench recently vacated by a garrulous pimp? Or is he detached enough to reflect that what he is being subjected to now is a great deal less painful than what he has sometimes inflicted on people in his own country who had been charged with no offence at all. One look at Mullen’s face answered that question. He was not making any attempt to be detached. He was alight with hatred and frustration.

  “It seems to me,” said Mr. Lauderdale, “that your whole submission can be expressed in half a dozen words. Is Mullen a diplomatic agent or not? If he is, I would concede, without the necessity of any further argument, that, under Article 29, he is immune from the criminal jurisdiction of this country.”

  “I am obliged, sir. That is the precise point that I was approaching.”

  Meaning, thought Roger, that we should get there much quicker if you didn’t keep interrupting.

  “We are helped by the fact that the words are defined in the Convention. A diplomatic agent is either the head of a State’s Mission – this would normally mean the Ambassador – or a member of the staff of that Mission having diplomatic rank. I therefore propose, first, to produce to the Court a written statement, signed by the Ambassador himself—”

  It was observed that Lashmar was on his feet.

  “In my submission, sir, this document cannot be considered by the Court.”

  “On what grounds, Mr. Lashmar?”

  “On the grounds laid down by the Lord Chief Justice in the case of the Romford Urban District Council against Walliker. Put quite shortly, a written statement will not be accepted by the Court if the person making that statement is available to give evidence in person.”

  “Mr. Bull?”

  “I agree that my learned friend has given us an accurate statement of the practice of the Court. The point is that, in this case, His Excellency is not available to give evidence.”

  “You mean he is out of the country?”

  “No, sir. I mean that he cannot give evidence in person. It would be an intolerable breach of protocol. His Excellency represents the government of South Africa. He could no more be expected to give evidence in an English Court than our own Queen could be expected to do so in a South African Court.”

  Mr. Lauderdale considered this. He was aware that he was treading on dangerous ground. He decided to compromise. He said, “In view of what you say, Mr. Bull, and without endorsing its validity, I am agreeable to the document being read. I shall have to make my own mind up as to its evidential value when I have heard it.”

  “I have copies for you and more for my learned friend. If I might ask the clerk to hand them in. Thank you. I need not trouble you with the first part, which simply establishes the position and authority of the Ambassador. It is the central paragraph which is relevant. He says, ‘In view of the many difficult problems which arise as a result of the activities of terrorists in this, as in many other countries, I felt that it would be of assistance to my Mission to have a man with experience in such matters to act as my adviser.’ With respect, that seems to me to dispose of the matter.”

  “I must confess,” said Mr. Lauderdale, “that I should have been happier if His Excellency had been a little more specific as to the precise functions which he expected Mullen to carry out.”

  “In that case,” said Bull, managing to look happier than he felt, “I propose to ask the accused to give evidence. It is true that he is not a compellable witness, but his immunity in the matter can be – and has been – waived. Mr. Mullen has expressed himself as glad to assist the Court in this matter.”

  He didn’t look in the least glad, thought Roger, as Mullen removed himself from the dock to the witness-box, mumbled the oath and glared round the Court.

  “Tell us first, Mr. Mullen, when did you arrive in this country?”

  “On October 1st.”

  “And what are your functions in this country? Would I be right in thinking that you have available, in your own files, background material about terrorists which would be useful to the authorities here?”

  This was so clearly a leading question that the Magistrate shot a look at Lashmar. However, he seemed relaxed and indifferent.

  “Certainly,” said Mullen. “I found that my files, in certain cases, were considerably fuller than those kept here.”

  “It would, I think, be helpful if you could give us a specific example.”

  “Very well. One matter in which I was concerned was the presence in this country of a citizen of Mozambique called Jack Katanga. A notorious terrorist, a stirrer-up of trouble in the Transvaal and a self-confessed murderer.”

  The Magistrate, who had been studying his papers, said, “I don’t wish to embark on the substantive charge, but I can’t help noticing that one of the witnesses in that matter – in fact the principal witness – is named Katanga. Is that the man you are talking about?”

  “If I might clarify the point,” said Bull. “He is the same person. He was in the shop, primarily, in order to sign copies of a book he had written, called Death Underground. Mr. Mullen was also there to purchase copies of it, since he felt it might be effective to change the mind of the authorities here, who had steadfastly refused to extradite Katanga.”

  “Why should a book—?”

  Before the Magistrate could complete his sentence Mullen interrupted him. He said, in a voice which frustration had raised to little short of a raucous shout, “Seeing that forty-two pages of this precious work are devoted to a detailed description of a cowardly murder which this man had committed we thought that the British authorities might conceivably agree
that there was evidence of an extraditable crime having been committed.”

  When he stopped speaking there was a moment of complete silence. Then the Magistrate, looking at Mullen over the top of his glasses, said, “Thank you,” and made a note.

  Since everyone had been expecting an explosion this was curiously deflating.

  “Please continue, Mr. Bull.”

  “I have not much to add, sir. Tell me, Mr. Mullen, which of the many departments of the Embassy have you been mainly in touch with since you arrived?”

  “With their Security Section, naturally.”

  “At Axe Lane, in the City.”

  “Yes. I am also lodging there. I am co-operating with the head of that section, Mr. Fischer Yule, in all cases known to us of persons in this country who are working against our State.”

  Bull sat down, Mullen tried to leave the witness-box and was restrained by the clerk, who pointed out that Lashmar was on his feet.

  He drawled, “A few points, Mr. Mullen. You have explained the nature of your job here. Might we look for a moment at your duties – your very important duties – in your own country. Is it correct that you – how shall I put it – keep an eye on people who do not support the current regime?”

  “Put it any way you like.”

  “And bring them before the Court.”

  “In certain cases.”

  “In certain cases, yes. For instance I read in the papers that the preliminary hearings are shortly to begin in what they call the U.D.F. terrorist trial.”

  “Yes.”

  “Also – again I rely on the papers – that an application has been made for reopening the trial of the Sharpeville Six on the grounds that one of the State witnesses was assaulted by the police and coerced into giving false evidence.”

  Mullen, the blood mounting in his face, said, “That appeal is coming shortly before the Court. The grounds of appeal are the usual rigmarole of nonsense put forward by all terrorists when they are caught.”

  “It was not my purpose to go into the rights and wrongs of that, or any other case—”

  No, thought Roger. Your purpose was to annoy the witness and make him lose his temper.

  “— it was simply this. With all these complex and important matters requiring your attention at home, how comes it that the authorities have released you for what is almost a non-job in this country?”

  “I am a soldier. I go where I am ordered to go.”

  “What I am questioning is the reality of those orders.”

  “I don’t follow you.”

  “In answer to my learned friend you said that you had a good deal of information about South African terrorists in this country in your files which you could pass on to the appropriate authorities here.”

  “That’s what I said.”

  “I wasn’t aware that postal communications between this country and South Africa had been permanently suspended.”

  “What are you talking about?”

  “He means,” said Mr. Lauderdale, “that this information could equally well have been sent by post.”

  “If we trusted the English postal authorities.”

  “Do I understand by that,” said Lashmar, “that you were afraid that your letters would be intercepted and allowed to fall into the wrong hands?”

  “You can understand whatever you like.”

  “Surely, if the letters had been enclosed in the diplomatic bag—”

  “Everyone knows that your security people regularly rifle our diplomatic bag.”

  “If when you say ‘everyone’ you mean to include me,” said Mr. Lauderdale sharply, “I must ask to be excluded. I understood that the privacy of the diplomatic bag was strictly observed.”

  Since it was clear that Mullen was about to say something very rude indeed, Bull rose swiftly to his feet. He said, “I submit, sir, that my learned friend’s present line of questioning is straying rather far from the point at issue.”

  “I am sorry if that is so,” said Lashmar. “One or two further points then. You mentioned that you were advising about other terrorists in this country. Could you let us have some details of them?”

  “Of course I can’t.” The contempt in Mullen’s voice was clear. “I mentioned Katanga since he has been indiscreet enough to advertise himself in his book. To mention any other names would be a palpable breach of security. Surely even you understand that.”

  “If you can’t mention names, perhaps you could tell us how many such cases you are currently investigating.”

  “Certainly not.”

  “Then leaving aside these other—er—shadowy figures which you can tell us nothing about, might I suggest that the real truth of the matter is that you had one reason only for coming here and that was to attend to the extradition of Katanga.”

  “You can make any unfounded and nonsensical suggestion you like. I can’t stop you.”

  “My suggestion was, in fact, based on two statements made by you yourself. The first was in this Court last week. If I have the record correct you informed the learned Magistrate that you had a lot of work to do, even if he hadn’t.”

  “Work in this country.”

  “You did not say so. However, your second statement was more specific. You are reported as saying—” Lashmar looked down at his papers and drew a deep breath —“that you only came here to get Katanga extradited and that you never anticipated being here for more than a few weeks.”

  It was clear to everyone that this shot had hit Mullen between wind and water. For a moment he seemed to have lost his aggressive self-possession altogether. Then, with an obvious effort, he recovered his balance.

  “And who am I supposed to have made that asinine remark to?”

  “Will you please answer my question? Did you make this comment or not?”

  “No.”

  “You did not make it?”

  “That’s not what I said. I said, No. I won’t answer your question until you answer mine.”

  Lashmar looked at the Magistrate, who said, “In our Courts, refusal to answer a question properly put to you by Counsel is a serious contempt of Court, for which you can be punished.”

  “It’s not a proper question. How can I be expected to remember every casual comment I’ve made in the last ten days?”

  “If you can’t remember, then that is a perfectly proper answer to the question.”

  “What I’m saying is that if I could be informed about who I said it to, then I probably could remember it.”

  The Magistrate said, “I think that’s not unreasonable, Mr. Lashmar.”

  A hurried conference followed between Lashmar and the Crown solicitor. Neither of them looked happy.

  Mullen took the opportunity to snarl at them. “If you made the whole thing up, why not be honest enough to admit it? Then we can all go home.”

  Lashmar straightened up. “I am informed,” he said, “that the remark was made to the head of your Security Service in this country, Mr. Yule.”

  “Then the matter can easily be settled, sir,” said a voice from the back of the Court, “since I am present and quite prepared to give evidence. That is, if you think it necessary.”

  All heads turned. Fischer Yule had risen to his feet and was standing on the left of the front row of spectators. Unquestionably an impressive figure, thought Roger.

  The Magistrate said, “Are you the Mr. Yule referred to by Counsel?”

  “I am, sir.”

  “I see. Well, in the ordinary way I am averse to impromptu testimony. But since it seems to me to be of considerable importance to clear this matter up, I have no objection. Subject to the views of Counsel.”

  “I’m quite agreeable,” said Bull.

  “I also,” said Lashmar, but he didn’t sound as happy about it as Bull.

  Yule strode forward, took the oath in a practised way and turned to face Lashmar who said, “I need not go back over the last part of my cross-examination. You heard the comment which I suggested that the accuse
d had made. It is suggested that he made it to you.”

  “The suggestion is incorrect.”

  “He made no such statement.”

  “He did not.”

  This seemed to be the end of the matter, but Lashmar signalled to him to remain. He said, “There was one final matter which I intended to raise with Mr. Mullen, but on reflection it seems to me to be a question of fact which this witness may be able to deal with.” Yule bowed fractionally, to suggest that he was prepared to deal with any question of fact that might arise.

  “You are probably aware that Section 4 of the Act states that if any question of entitlement to diplomatic immunity should arise a certificate issued under the authority of the Secretary of State is to be conclusive evidence of the matter. So far as you know, Mr. Yule, has any such application been made?”

  “I can answer that question. An application has been made, but it has not yet been answered.”

  “That is unfortunate,” said the Magistrate. “However, since it is now past one o’clock I intend to adjourn this hearing until three o’clock. That will give us all time to have something to eat and will give me time to consider the question which now falls to me to decide. The bail to which the accused has surrendered to Court is renewed until three o’clock.”

  The Police Sergeant, who had been waiting for his cue, bellowed out, “All rise.” Those who were seated scrambled to their feet and Mr. Lauderdale disappeared through a door behind the Bench.

  Roger said, “That gives him nice time to walk to the Garrick and consume whatever the state of his interior allows him to consume.”

  “I belong to a more modest club than the Garrick,” said Bull. “But it serves reasonable food. See if you can find a taxi, Roger. I’d like to get Mullen away as quietly as possible. He looks as though he could do with a drink.”

  Fortunately the crowd which had been milling round the door when they arrived had also decided that it was lunch-time and they were impeded only by a woman carrying a banner which said, ‘Down with Apartheid’ on one side and ‘Support W.A.A.M.’ on the other side. They side-stepped her and drove off.