Tug Of Law (Bernadette Mackenna Cases Book 4)

by D. R. Bailey

  The message was loud and clear from where Bernadette was standing. Oisin had attempted to influence the judge in some way, she was sure of it now, and he wasn’t having any of it. She quietly rejoiced inside. If nothing else, they would get a fair hearing from this judge, she was certain.

  “Now then, let us proceed with the business in hand,” said Justice Brannigan in much more measured tones.

  He picked up a list, which was evidently an aide memoir of the things he had to cover.

  “So, Mr Wilson, have you served all papers and evidence on the defence?”

  Shane stood up. “Yes, Judge.”

  “Very good, and are you likely to produce anything further?”

  “Not at this time, Judge, no.”

  “Good.” Justice Brannigan turned to Bernadette. “Have you received the said papers?”

  “As far as we are aware, yes, Judge, we have,” said Bernadette.

  “Excellent, and I assume you will be furnishing the prosecution with any evidence you wish to bring to court?”

  “Yes, Judge, in due course we shall. We are in the process of compiling any evidence and it will be served prior to the hearing.”

  “Good, very good,” said the judge, “Because, according to what I have here, the hearing is likely to be in three weeks’ time.”

  “Really?”

  “Is it too soon?” he asked a little solicitously.

  “No, Judge, I was surprised considering the court schedules are usually so full.”

  “Yes, indeed, I was surprised myself, but I’m not the one who sets the date so I’m not sure how it’s come about.”

  Bernadette had a very shrewd idea of how it had come about, and looking at her junior, so did Imogen who was pursing her lips.

  “Do either of you have any objection to three weeks?” Justice Brannigan continued.

  “No, Judge,” said Shane.

  “No, Judge,” said Bernadette.

  “Fine, however, given the shortness of the date, all evidence must be filed two working days beforehand. Now, moving on let us talk about the witnesses for this case. I see here from the prosecution you have two, a Mr Kevin Clinton, and Senior Investigating Officer Detective Chief Inspector Harold Graham, am I right?”

  “Yes, Judge, that is correct,” said Shane.

  “Good, and is it intended for them to appear here in person.”

  “Well…” Shane began.

  “Judge, if I may interject.” Bernadette stood up at once.

  “Ms Mackenna?”

  “We would ask for these witnesses to appear in court since it is their evidence which is key to the prosecution’s case, and therefore we feel they should be present for a proper cross examination.”

  Justice Brannigan nodded at this and appeared not to demur at this request.

  “Mr Wilson?”

  “Obviously there is an expense to bring Mr Clinton here, not the least because he is under police protective custody.”

  “Judge, a man’s future life is at stake with the possibility of fourteen years in prison for a crime which he strenuously denies,” Bernadette shot back.

  “I tend to agree with Ms Mackenna on this point,” said Justice Brannigan, “Regardless of the cost element, I feel that fairness to Mr Jenkins is of paramount importance, and therefore I am ordering you to produce these witnesses in person at the hearing.”

  “Yes, Judge,” said Shane making a face which indicated he wasn’t happy about it one iota.

  There was a snort of annoyance from the back of the courtroom, which Bernadette was sure was very likely to have been Oisin. The judge looked up sharply but said nothing about it.

  “And your witnesses, Ms Mackenna?” asked the judge.

  “Judge, we have two, as noted one of these is a vulnerable person and as such, we request anonymity as regards these court proceedings, and that they should attend by video link. The other is our client Callum Jenkins.”

  “What is the nature of their vulnerability?” said Justice Brannigan.

  “Before I answer, Judge, I would request reporting restrictions be set about this person.”

  “Very well, I order reporting restrictions around this witness, who we shall call Witness A.”

  “Thank you, Judge, Witness A is one of the trafficked refugees who is willing to testify, we will be submitting an affidavit from this witness which we request must retain anonymity.”

  “Right, it seems fair to me,” said the judge, “Mr Wilson, do you have any objection?”

  “Judge, I don’t see why this witness cannot be brought to court,” said Shane in obdurate tones.

  “You don’t? I see, and what is your reasoning behind this?” Justice Brannigan appeared to be incredulous at this. Whatever had been conveyed to him through channels from Oisin had evidently set his back up. The move had certainly backfired and now instead of challenging the defence, he was doing it to the prosecution.

  “The witness is vulnerable, as is my witness who has been required in person. Why shouldn’t the same apply to Witness A?”

  “I think it should be clear as to why, but I’ll let Ms Mackenna make her own case.”

  “Judge, Witness A is subject to immigration restrictions in the United Kingdom and as such the ability of her to travel here, and have protection provided is also subject to the United Kingdom’s authorities. As it is the witness has been removed to a place of safety due to her disclosures.”

  “So.” Justice Brannigan fixed Shane with a beady eye. “Mr Wilson?”

  “Well… I… err… I will have to consult with my colleagues in the United Kingdom but at this moment we accept the video link proposal.”

  “Right, so if you happen to want to change it then I assume you will liaise with Ms Mackenna’s team and this court before the hearing.”

  “Yes, Judge,” said Shane in resigned tones, he had realised that currently and for reasons he perhaps wasn’t aware, the judge wasn’t inclined to give him an inch.

  “Good, very good, we’ve settled that question then. So, what about any technical requirements for evidence?”

  “At this point, we anticipate we might require pictorial or video evidence to be shown,” said Shane.

  “Judge, the defence anticipates the same.”

  “OK, in which case please relay these requirements to the clerk of the court,” said Justice Brannigan with a smile. “Now is there anything else I need to attend to at this time?”

  “No, Judge,” said Shane.

  “No, thank you, Judge,” said Bernadette.

  “Splendid, I shall set all this down in memorandum and see you all here in three weeks’ time,” Justice Brannigan said with great affability, before gathering his notes, and getting up.

  The Tipster rushed in and called the court to rise, while Justice Brannigan left the room. As he did so, there was a commotion at the back of the court where Oisin with a face as black as thunder slammed out of the courtroom.

  “Things obviously didn’t go his way,” Imogen observed at this.

  “No, it was a big surprise, to be honest,” Bernadette laughed.

  The press contingent was scrambling to get out of the door, in order to waylay them when they left the court.

  Shane came over to their station.

  “I hear you’ve been lunching my colleague,” said Shane in a sardonic tone.

  “Yes, and very nice it was too,” said Bernadette amiably.

  “Right, well, I’m only annoyed I didn’t get the invite too.” Shane smiled trying to make a joke of it.

  “You weren’t in London, he was.” Bernadette shrugged.

  Having had the wind taken out of his sails, Shane looked a little deflated. He’d perhaps wanted an argument or to engage in some banter.

  “Well… hmm… I hope you got what you wanted from him then… I’ll see you in court.”

  “Certainly, you will, see you then.” Bernadette inclined her head gracious
ly.

  “Imogen.” Shane nodded at her and turned on his heel. He left with Mason shortly afterwards.

  “I’d like to slap him silly,” said Imogen through gritted teeth.

  “I thought you controlled yourself well,” said Bernadette.

  “I tried.”

  Callum and Rhys joined them, and Imogen packed up the papers.

  “Let’s find a room,” said Bernadette as they left the court.

  There was an empty one not far from the courtroom entrance, and they went inside. Once they were all seated, Bernadette said, “I don’t know if you noticed a man sitting at the back of the court?”

  “You mean the one who the judge kept glaring at?” Callum asked, he was evidently quite perceptive.

  “Yes, that’s him.”

  “Who is he?” Rhys wondered.

  “His name is Oisin Kavanaugh, he’s an MP, Minister without portfolio, who is currently working with the Justice Department. He came to our offices. He wanted us to throw the case,” Bernadette said bluntly.

  “What?” Rhys said incredulous.

  “He is trying to do a deal with the UK authorities and Callum, if you please, is to be a gift to grease the wheels.”

  “Fucking hell!” Rhys coloured up and got to his feet with his fists balled up. “I’ll fucking finish him, I punch his fucking lights out.”

  “Da, calm down, and sit down,” said Callum.

  Rhys subsided but still looked very angry.

  “Rhys, you can’t go punching MP’s, you can let us deal with this and we will. What we need though is a little bit of strategy.”

  “How’d you mean?” Callum asked her.

  “We are going to stir it, just a little with the press. Stand behind me, follow my lead. If they ask you anything, say you are innocent, nothing more. Rhys just reiterate he is innocent and say Irish Citizens should be supported by their government, and it’s a travesty this has come to court. No more than that and you know nothing, I repeat, nothing about Oisin.”

  “OK,” said Rhys.

  “You can’t ever let on you know anything about Oisin, OK, either of you. Is that understood?”

  “Perfectly,” said Callum.

  “You are not to touch him either,” Bernadette said firmly.

  “By God, you sound like my old teacher at school,” Rhys laughed, “I’m expecting you to get the cane out next.”

  “Don’t be so sure I won’t,” Bernadette told him, then she laughed, “I’m joking. It is just sometimes things can be let slip. We cannot afford it, OK?”

  “I promise you, neither me nor my Da is going to say anything. Are we, Da?” said Callum.

  “Good, so I’m doing this to stir things up, it’s not my usual habit to talk to the press, and I cannot jeopardise our case, but we may be able to mobilise a little bit of public opinion. It can’t be a bad thing.”

  “Right.”

  “OK, well, let’s go, remember only say what I’ve told you to say, do not answer any other questions.”

  “Don’t worry, you’ve scared me shitless now,” Rhys laughed.

  They left the meeting room and walked out to the front of the building. The press were lined up in expectation of something good. Bernadette wasn’t going to disappoint them this time. She stood in front of them, and Imogen, Callum and Rhys stood behind her. Cameras and microphones were immediately shoved into her face.

  “Bernadette, Oisin Kavanaugh says justice must be properly done, and if Callum is guilty, he must face trial, what do you say to that?”

  This was like manna from heaven, Oisin had played nicely into their hands.

  “I say,” she said in strident tones, as a hush fell over the reporters, “Justice must be done, that part is true. However, we mean to obtain justice for Callum who we say is not guilty of any crime whatsoever. We intend to pursue our case to the fullest extent in court. Callum is an Irish citizen and we need to stand up for our citizens. Callum Jenkins is innocent, and we maintain he should not be extradited, and we intend to prove our case in court in three weeks’ time.”

  “Callum, what have you got to say about it?” shouted a reporter from the Irish Sun.

  “I am innocent,” Callum said sticking to the script.

  “But are you? The prosecution says you are guilty!”

  Callum said nothing more and stepped back. Rhys stepped forward.

  “I am Callum’s father and I say the Irish government should support its citizens. It is an absolute travesty that this has come to court!”

  “Rhys, you sound angry, are you angry?” said an RTE reporter.

  “That’s all for now,” said Bernadette, cutting off any further questions. “We’ll see you back here in three weeks. Then you’ll see some action I promise you.”

  “What do you mean by action?”

  “What’s the evidence, tell us that at least?”

  The questions were shouted after them, but Bernadette led them all smartly away and down the stairs, smiling broadly. She hustled them away from the court as quickly as she could and towards their car.

  “Where’s your car?” she asked Rhys.

  “We came by taxi,” he said.

  “Fine, I’ll drive you home, get in.”

  She gunned the motor with Imogen sitting beside her, and the others in the back. She pulled away just as the press caught up to them to have another go. They fired off their cameras as her car sped away.

  “That went fucking superbly, darling,” said Imogen laughing.

  “Fuck yeah, I was impressed,” said Callum.

  “By God you’re good, I knew you were the right choice,” Rhys added.

  “I’m flattered, thank you,” said Bernadette.

  “She is simply the best,” Imogen told him.

  “I believe you one hundred percent.”

  “Let’s see what that little bombshell does in the headlines tomorrow,” Bernadette chuckled.

  “You haven’t crossed any lines though?” Imogen asked, a little worried.

  “I was careful, so no I don’t think so.”

  “I’d still like to punch that bastard’s lights out,” Rhys said angrily.

  “Relax, we’ve got him a little bit on the run at the moment, and we also have friends in high places, I can’t tell you more than that. Just watch this space. He’ll be a pain in the arse for a while and then poof, you’ll see. Have faith.”

  “What you’re not taking out a contract on him?” said Rhys incredulous.

  “No,” Bernadette laughed, “Not like that! But perhaps he’ll have a fall from grace at some point soon, we hope.”

  “Oh!”

  “Anyway, we’ve got three weeks. The rush is also Kavanaugh’s doing. He is trying to wrong foot us, the same as he’s tried to fix the judge.”

  “What the fuck!” Rhys said angrily, “That’s terrible, how can people like him get away with this?”

  “He won’t, just trust me. I wouldn’t normally tell you stuff like this, but you deserve to know the truth. After it’s all over then you can go for the throat, and we’ll be right behind you.”

  “I’ll fucking go for his fucking throat, and no mistake.”

  “Right, we’ll leave it at that now. We can discuss it after the trial, if there’s anything to do about it.”

  “Thanks, thanks anyway for being so honest.”

  “You’re welcome.”

  “Do you want to come in for a cuppa when we get home?”

  “Sure, why not.”

  ✽✽✽

  On the drive back to the office, Imogen said, “That went well, don’t you think?”

  “The court hearing?”

  “Yes, and what you said to the press. Also, Rhys, he seems like a nice man.”

  “His girlfriend wasn’t wearing her maid’s outfit today anyway,” said Bernadette with a chuckle.

  “And has Eve got hers?”

  “I don’t know, I haven’t se
en it so far.”

  “Maybe tonight’s the night?”

  “For Shibari anyway, with or without the maid’s uniform.” Bernadette smiled.

  “What are you going to do?”

  “Oh, I intend to be very strict, she likes it. I’ll tell her off in no uncertain terms before tying her up.”

  “Do you like it?” Imogen wondered.

  “I kind of do, yes. It was hard getting into the role play at first but now I kind of enjoy it.”

  “Hmm… so do I.”

  “I know that!”

  The two of them laughed and Imogen returned to the case.

  “What do you think are the chances of winning, really?”

  “What do you think they are?” Bernadette liked to bounce it back to Imogen as her junior. It was part of the process of continuing to challenge her and get her ready for her step up as a senior.

  “I think their case is tenuous. They are relying on the balance of doubt to fall in their favour because it’s only Callum’s word he wasn’t part of it. He was in the right place at the right time, he did drive the truck. Now there is someone saying he knew and was part of it. If Kevin is a credible witness, then it’s in their favour I guess.”

  “Absolutely, right,” Bernadette agreed, “So our job is to introduce more doubt. Firstly by making it out to be a personal vendetta of some kind or at least some sort of act of revenge. Then we have Anh who will again help to cast some doubt, perhaps not much but it just may be enough.”

  “So, it hinges around how much you are able to destroy their witness.”

  “Yes, yes it very much does.”

  “I pity him then, when you go into bitch mode,” Imogen said emphatically.

  “I don’t know, it seems to come naturally,” Bernadette giggled.

  “Oh, but you’re so sexy when you’re assertive…” Imogen began.

  “Oh stop! Though that is what Eve tells me too.” Bernadette was smiling.

  “She’s right.”

  “I’m going to miss you so much when you become a senior barrister,” Bernadette said suddenly.

  “I’ll still be there. We’ll still talk every day. I’ll still love you to bits.”