Beyond Innocence

by Barrie Turner

  Despite the fact that she didn’t want to draw undue attention to herself, she still found herself almost running to her car and she had to force herself to slow down. Once safely within the confines of the vehicle, she knew she had to resist the deadly urge within her to look at this mysterious file there and then, as it was imperative to get away from this place. With her heart still thumping and pounding away, she started the car and drove slowly out of the car park. As she drove, she kept telling herself not to panic, and all she needed to do was concentrate on her driving until she found a safe place to stop where she could look at the file in much greater detail.

  Gradually she regained control of herself, and began the long drive back to Manchester along the motorway. When she saw the sign for the first service station she didn’t hesitate. She moved smoothly off the busy road, and into the parking area. She didn’t get out of the car. Instead she reached for the file. Her hands continued to tremble as she opened it to reveal the information the police and the prosecution had strived so very hard to conceal from the defence.

  She certainly wasn’t disappointed. The file contained all the details of the police interview with Timothy Harris. It clearly showed he’d been with Angela Clarkson, and confirmed he had paid her for sex. His statement also confirmed that he’d given her the watch, or a watch identical to the watch shown on the Crime Watch programme on television. Then there was the DNA evidence, confirming he’d been her last client. After reading the statements of Timothy Harris and the manager of the Roundhead Hotel, it soon became clear why he had been excluded from the murder enquiry. It was equally obvious, and apparent to Irene that, had this evidence been available to the defence at the time of the trial, Harry Thompson would have stood an excellent chance of being found not guilty. She also knew, with this evidence before the appeal judges, his appeal might even have been successful. However, that was water under the bridge now as that issue was clouded by the admission of the new forensic evidence. Damn that bloody DNA sample, and damn that bloody judge Lord Stanhope. She cursed silently to herself. If it wasn’t for that, this case would be as good as finished. Still, never mind she thought, I can still get there through the European Courts so it isn’t the end of the world yet.

  She had reached the end of the file and thoroughly digested the contents. Now, it was abundantly clear Timothy Harris had lied to parliament, and he had perjured himself in his libel trial against the press. With some reluctance she closed the file, and made her way to the cafeteria where she bought herself a much needed drink. Apart from the drink, she needed time to think and clear her brain before she could face the long journey home. Taking out her mobile phone she called Sebastian Krieff as she thought it was of the utmost importance to advise him of these dramatic developments in the case. Once the connection was made, Sebastian couldn’t believe what he was hearing, “Just take your time getting back. I’ll wait here until you do Irene,” he urged, “In the meantime I’ll let Michael Mulrooney know, although, on second thoughts, maybe you should do that; after all it’s you that has earned it. Before leaving, she telephoned Michael with the good news, then she resumed her journey back to Manchester.

  Four hours later she arrived back at the office where she found Sebastian waiting as promised. She was also surprised to find the other two senior partners present together with Michael Mulrooney. Sebastian explained to Irene that the news of her discovery had travelled quickly through the practice, and although congratulations were not yet in order, nevertheless, they all felt the occasion was worthy of some celebration. In addition, everybody wished to see if there was any contribution they could make. To Irene, the fact that her colleagues were prepared to put themselves out in this manner, without being asked, pleased her immensely, and she was delighted at the thought that, she had joined a practice where her partners really cared. Naturally, all concerned wanted to see first-hand the mysterious file, especially since something as sinister as this was almost unknown in legal circles. In fact, they could only recall one other instance relating to a case in the Midlands many years ago, where the defence had been denied access to vital documents.

  Whilst the persons assembled in the chambers waited for copies of the file to be distributed, Sebastian produced a bottle of champagne, and he proposed a toast to the successful conclusion to the case. Then, returning to the serious side of the business, he addressed everybody, “This case is not over yet, and whatever is discussed here tonight must remain within these four walls. I want you all to be quite clear about this, Irene has done a magnificent job, but it’s far from over. Also, please remember, she’s taken a tremendous risk in bringing out these papers that is why I want this to be kept strictly under wraps. This is Irene’s case, and how she proceeds from here will be entirely up to her, but if anybody in this office can come up with any specific form of procedure which may assist our colleague, I’m sure it will be greatly appreciated. The only thing which bothers Irene and me is we will all sleep much happier once these files have been returned to the Central Criminal Records Office, so, it goes without saying that the original file must be returned by motor cycle courier first thing in the morning. With that he handed the meeting over to Irene.

  Irene thanked those present and then began “As you know I’ve just been to the appeal court where my client’s appeal was denied as was permission to appeal to the House of Lords. I was expecting that, and now it leaves the way clear for me to appeal this case direct to the European Court of Human Rights. Just in case you’re not familiar with this, I must add that this stems from the verdict in the recent “Hurst” case, whereby Mr. Hurst was denied his right to silence when a DNA sample of his was taken from him, and used without his permission. During my appeal, the thought occurred to me that because Thompson had not given his permission for a DNA specimen of his to be used then his right to silence had also been taken from him. Using the same argument, it will be my contention that this was an abuse of his human rights. A successful appeal on this basis will be sufficient to get the verdict against him overturned, and then, I’ll go back to the appeal courts to have his other conviction overturned. In this latter case, there was so little evidence against him I’m more than hopeful their lordships will rule that conviction unsafe.”

  “Whilst waiting for all of this to take place I now have to consider what to do concerning this file. Quite clearly, we all know now that although Timothy Harris was eliminated from the murder enquiry there was a cover up by the Merseyside Police to keep his name out of the press, and we also know it was Timothy Harris who gave that watch to Angela Clarkson. If that’s true then it’s abundantly clear Bridget Riley couldn’t possibly have seen her colleague wearing that watch at any time. Therefore, this proves without any shadow of doubt somebody from the Merseyside Police leaned on this woman in order to get her to commit perjury. Knowing this, I can now turn to the evidence of Royston Chambers, because, his confession also includes the watch, and if Thompson had made any kind of confession at all then there would not have been any reference to any kind of watch in it. Therefore reference to the watch in the confession could only have come from one source, and that source was the Merseyside Police.

  “Following the loss of the appeal, Lord Chief Justice Lord Stanhope insisted the transcripts of the appeal be sent to the Home Secretary to see if further charges are to be brought, and to order an enquiry into the allegations of the activities of the Merseyside Police. At first, I was going to consider taking no action on this matter until the results of these actions were known, but on reflection I don’t think that’s the best way forward. With an investigation under way, I can’t see a better chance of bringing this out into the open. So I think it would be a good idea to turn this information over to the Home Secretary’s department and let matters take their course from there.

  “With particular reference to Timothy Harris, it’s abundantly clear from the file, he committed perjury during his libel trial against the London Independent Newspaper Group where he was aw
arded a record sum in damages. I need hardly remind you that, in addition, he lied to parliament. It is because of this, I think I should contact the lawyers acting for the London Independent Newspaper Group because I’m sure they will be more than pleased with this information, and they should have no difficulty whatsoever in reversing that verdict. However, that will be entirely up to them.”

  “All of these charges are of a very serious nature indeed, and at the conclusion of all the cases there are going to be quite a few lives in ruins. Quite rightly one of these will be Timothy Harris.

  “Finally, I’d like to thank you all for being here tonight and as Sebastian said earlier, if anyone has any thoughts on procedure please feel free to let me know as soon as possible.” Feeling quite tired, Irene made her excuses and withdrew from the scene, leaving her colleagues in earnest discussion about all aspects of the case. As she descended the stairs she couldn’t help reflecting that she’d certainly given them food for thought, as well as, plenty to talk about.

  Chapter 28

  * * *

  Suitably refreshed after a good night’s rest Irene awoke early to the sound of the morning paper falling on the mat. As she had expected the paper contained the story of the failed appeal but the main focus had shifted to the allegations against the Merseyside police force. The editorial comment column was particularly vitriolic, singling out the defence team for the worst of the criticism with banner headlines proclaiming justice had been done, and it was a pity hanging had been abolished. This in turn was followed by an attack on the legal system which, through the legal aid system, not only allowed, but actually encouraged appeal cases such as Thompson’s which were almost certainly doomed to failure. It highlighted the cost to the taxpayer of yesterday’s case, pointing out it was a total waste of money, and the whole system was in need of reform. Irene smiled to herself as she read, and re-read, all the nonsense written in the name of journalism thinking to herself. ‘Boy if you only knew what is coming tomorrow,’ and how these moaning editors will be forced to eat their words. In a very good mood and high spirits, she set off for the office determined she was going to have a good day, and that she was going to enjoy every minute of it.

  Timothy Harris was in consultation with Jerome Jerome at the High Court. They were awaiting the pronouncement from the judge that it would be in order to switch off the support systems keeping his wife alive. As they were unaware of the most recent developments in the case, they were under the impression this was just going to be a mere formality.

  In due course the proceedings began, and Doctor Peter Woods was called to give evidence before the presiding judge, His Lordship Martin Russell.

  “Now Mr. Woods,” began his lawyer, “Can you tell this court what improvement, if any, you have found in your patient since the last hearing?”

  His voice was loud and clear as he answered, “Yes I can. Since I attended the last hearing I have to advise you there has been a significant change in the condition of Mrs. Harris. First of all we have established, beyond any shadow of doubt, this lady can hear everything which is going on around her, and she has some movement which allows limited communication. When I say some movement, please allow me to clarify that by saying that Mrs. Harris is able to use one finger; the little finger on her right hand, and through this she is able to communicate with those around her. It’s very limited, and very time consuming. However, we are hoping this is just the start of a much bigger, and general improvement in her well- being.”

  The impact and effect of this testimony was very dramatic, and the atmosphere in the court became electric. Amidst the noise, the judge banged his gavel repeatedly shouting, ‘order, order.’ Eventually, order was restored.

  The judge looked at the plaintiffs and enquired, “Have you got any questions Mr. Jerome about this most wonderful news?”

  “Yes, Your Honour, I have. “On behalf of my client I would like to protest about this so-called improvement in the condition of the patient, on the basis that she is still totally dependent upon those same support systems for life. It is not her hearing, or the movement in her little finger which is keeping her alive now is it? Furthermore, the good doctor here cannot possibly guarantee there will be any continued improvement now, or in the near future, can he? Because of this, I respectfully submit you conclude this hearing in favour of Mr. Harris.”

  “Hold on now, Mr. Jerome, the judge replied, “When we were here the last time, I ruled if there was no improvement in the condition of Mrs. Harris within twenty-eight days, I would grant the order in favour of your client. At the time I made that pronouncement, I said that I did so with the utmost regret as I might be seen to be taking life away from somebody, and I found that a very difficult matter for my conscience to live with. I must point out, Mr. Jerome, when I gave that judgement, you made no effort to ask me for any clarification on the point, or question of improvement, or even the degree of it. You did not stand up before me in this court and ask how would any improvement be made, or measured. In fact, you were more than prepared to leave it up to me. Now you see the consequences of leaving the matter in my hands. Thanks to some kind of minor miracle, I am completely satisfied there has been some improvement in the medical condition of Mrs. Harris, and your client’s petition is denied.”

  “Bbut Your Honour,” stuttered Jerome.

  That was as far as he got, “No buts about it Mr. Jerome. I came here today with a very heavy heart. I am leaving now in the best of spirits, knowing full well a most difficult decision has been taken from me by some form of divine intervention. Consider an appeal if you must, but I must warn you, the mere fact that Mrs. Harris can hear will weigh very heavily against you.”

  The jubilant defendants rushed from the court eager to telephone the good news to all concerned.

  Once again, the hounds of the press pack were sharpening their pencils in readiness of another field day. Timothy Harris was in the news again, but this time for the wrong reasons. As he left the court building accompanied by his legal team, it was obvious to all observers that Timothy Harris was a far from happy man. Ignoring his lawyer’s advice about hostility from the press, he was busy issuing instructions to reinstate divorce proceedings without delay.

  Irene had completed a hectic morning. She had been in contact with the London Independent Newspaper’s legal team, and as a result of the information she had sent by fax, one of their senior lawyers had boarded the first available plane for Manchester and he was due to arrive any minute, via the fast car which had been sent to meet his arrival at the airport. Arrangements had been put in hand for an appeal to the Court of Human Rights, and although this would take quite some time before it would be heard, the process had to begin somewhere.

  Elsewhere, things were hotting up. There had been an announcement via the news bulletins that the government had ordered an enquiry into the actions of the Merseyside Police following the allegations of coercion, and corruption, made by the defence. This enquiry was going to be led by officers from the West Yorkshire Police force, and this news was being welcomed by those concerned on Merseyside. In addition, the announcement of the enquiry attracted a great deal of comment in the lunchtime editions of the press which were just beginning to hit the streets.

  The car turned into St. Mary’s Parsonage, Manchester, the home of the chambers and offices of Messrs. Kreiff Kreiff and Isaacs and the sole occupant alighted.

  As the car sped away, Irene stepped forward offering her hand in greeting saying, “Mr. Atherton, my name’s Irene Yarwood, I’m very pleased to meet you.”

  Malcolm Atherton returned the greeting and introduced himself allowing Irene to lead the way to the offices which were normally occupied by Sebastian Krieff. All in good time, the formalities were dispensed with and the meeting got under way. Irene produced the copy of the file which her visitor began to devour with amazing speed, making many remarks and comments as he did so. At times, he could hardly contain himself as he digested the information contained therein and
considered the effect on those persons mentioned. When he had finished, he placed the file on the table beside him whilst he found the right words to say, “Well Irene, this is absolute dynamite. How on earth did you get hold of that?”

  “Christ Almighty, to think with his lies, that evil little rat Harris almost closed our paper, won record damages, and one way or another, was responsible for the death of the editor of the paper. A fine man who was a close and very personal friend of mine, so I have more than a personal interest in nailing this little lying bastard. My God I just can’t wait to get him in court now.”

  Irene could understand how he felt because, to some extent, she shared the same feelings about Timothy Harris and it was certainly time for him to be brought to justice. She smiled briefly as she spoke, “Well Malcolm, that’s what you’ve come all this way for, and that is your certified true copy.” All that remains is, for you and your colleagues to set the wheels in motion with the launch of your appeal against him. We’ll turn the file over to the West Yorkshire Police who think that they have been sent over here on a rubber stamping mission. You can imagine their reaction when they get their grubby little hands on this lot.”

  “Indeed I can, he replied, “believe me, I just can’t wait to get started. He stopped briefly to look at his watch, then he said, “I suppose this really calls for a celebration. Why don’t you let me take you out for a spot of lunch? Then I’ll catch the five o’clock shuttle back to London.”

  Irene readily accepted this invitation, and offered to allow him to sample the lunch- time delights of the Wig and Gown. Once the lunch was over, Irene said goodbye to her companion for the day, wishing him every success for a speedy conclusion to his newspaper’s appeal. In return, he did the same and they went their separate ways, both filled with eager anticipation of events to come.