Tug Of Law (Bernadette Mackenna Cases Book 4)

by D. R. Bailey

  “A certain DCS Jack Brogan seems to have become personally involved, so I’m told. The same Jack Brogan who was at your wedding, I believe.”

  “She’s not a detective for nothing, the game’s up, darling,” Imogen giggled.

  “Fine, fine, you got me, yes I spoke to Brogan, not just about that though,” Bernadette laughed.

  “Oh?”

  “Yes, erm… there’s a politician who…”

  “Oisin Kavanaugh, been running riot all over the Garda, and wants to make sure Callum Jenkins goes to the UK,” Olivia interrupted her.

  “She’s good, so very good,” said Imogen.

  “I make it my business to keep my eyes and ears open. That’s how you survive in the Garda.”

  “I guess it’s your job.”

  “Anyway, as I was saying, the transport thing suddenly went right up the priority list. Surveillance orders got signed, the lot,” Olivia continued, taking some more tea.

  “Well, it was a good thing surely?” Bernadette said with a smile.

  “I’m not complaining, no. In fact, I’m pretty happy about it, as it goes.”

  “That’s good.”

  “I did not know you had friends in such high places.”

  Bernadette said in a slightly apologetic tone, “I got to know Jack through another case, he’s a really nice man.”

  “I don’t blame you for using your contacts. He has a top unit, doesn’t he? The Foxcatchers?”

  “Yes, I believe he does.”

  “So, you know, if it ever comes up in conversation, and he says he’s looking for new detectives… well…” Olivia tailed off, but the meaning was clear enough.

  “I’ll bear it in mind, if it does.”

  Now Bernadette understood perfectly where Olivia was coming from. The Foxcatchers was a different style of unit by all accounts, run by DI Gallway who was known to be an excellent leader. Many detectives would have liked to work on his team if they could. Bernadette was well aware Olivia wasn’t a big fan of her current boss and would welcome a change.

  Olivia inclined her head, drained her cup and came to the point. “The thing is, and it can’t go beyond this room, we’re about to raid them, Balik Trading. This week. I can’t say more, but naturally, something may eventuate which may assist you. That’s all I’m saying, and I shouldn’t be telling you anything at all… but you’ve done me a favour, well, more than one, so…”

  “If I need you to testify, will you?” Bernadette asked her at once.

  “Yes, of course.”

  “Will the judge…” Imogen said.

  “Allow it? If we insist there is relevant testimony then, yes, I think so,” Bernadette replied.

  “The hearing is next Monday,” Imogen said practically.

  “Look if there is anything, anything at all you can use, I will contact you right away,” said Olivia.

  “Thanks.”

  “Anyway, that’s all I came to say, thanks for the tea, and thanks again for the invite to the wedding.”

  “Maybe one day we’ll come to yours?” Imogen ventured.

  “Chance would be a fine thing,” Olivia snorted.

  “Well, anyway, D’Arcy and I will be getting married and I would like you to come.”

  “That’s kind of you. And I accept in advance of course.”

  “I’m not sure when it will be, but anyway.”

  “I’m going anywhere.” Olivia laughed getting up. “I can see myself out. I’ll be in touch.”

  After she left, Bernadette turned to Imogen.

  “You’re really inviting her to your wedding?”

  “Yes, why not?”

  “I thought you weren’t her biggest fan, to be honest,” Bernadette said candidly.

  “Oh well, I think it’s time I buried the hatchet, and I did that weeks ago after we took her to lunch. She’s not trying to surreptitiously hit on me anymore.” Imogen shrugged.

  “I don’t think she really was trying to hit on you, darling.”

  “She wanted to.”

  “Yes, that’s true. But then who wouldn’t?” Bernadette raised an eyebrow.

  “I agree, I mean, I’m quite a catch. D’Arcy thinks so.” Imogen pretended to preen herself like a particularly fine bird.

  “Well, you are, of course.”

  “Do you think this raid will help us with the case?” Imogen changed the subject.

  “Hard to say, one can only hope.”

  “No matter, we’ve got this,” Imogen said firmly.

  “I’m glad one of us thinks so,” Bernadette laughed.

  “Come on, darling, lesbian bitch lawyers remember.”

  “You’re right, we’re going to do this.”

  “Love you.”

  “Love you too.”

  Chapter Fifteen

  The week and the weekend passed by quickly, or so it seemed to Bernadette. It was the first day of the hearing. The alarm went off early, as she did not like to rush.

  “Mmm,” said Eve stretching in the bed and giving her a lazy kiss.

  “Court today,” said Bernadette.

  “I know, you get up and have your shower, I’ll put out your clothes.”

  “Thank you, my darling.” Bernadette smiled and slid out of the bed.

  She padded out of the bathroom and sat patiently while Eve straightened her hair. She always let Eve do what she wanted with her hair.

  “We’ll just make it straight, darling,” said Eve, “Very lawyer like.”

  “Thank you, babe.”

  “Now, let me do your makeup.”

  Eve was very deft and quick with Bernadette’s makeup. Eve said Bernadette didn’t need much on and kept it quite natural. Once this was done, she left Bernadette to dress and went down to make breakfast.

  Eve had laid out a black suit with a skirt, and a soft cream blouse. She put out a pair of black strappy sandals. On the first day, Eve liked to make sure Bernadette was formal until they knew how the case was going. There might be a need to be softer on occasion and dress appropriately.

  After checking herself in the mirror, she went downstairs where Eve was just placing a plate of scrambled eggs, mushrooms, and bacon with toast on the breakfast bar. She sat down to eat, and Eve put a cup of coffee next to the plate. Eve took a seat beside her with her own breakfast.

  “So, darling, are you OK? Not nervous?” Eve asked her.

  “Not especially though this is my first extradition case.”

  “I’m sure it will go OK, honey.”

  “Yes, of course, it will. It’s just the first day you know, I always dread them.” Bernadette sliced into her eggs on toast.

  “Aw, darling, you never said.”

  “I didn’t want to worry you. It’s just all in my head, you know.” Bernadette took a mouthful of her breakfast.

  “I’m your wife now, we tell each other everything, remember?” Eve chided her.

  “I know. It’s just the first day. It’s like having a first day at school over and over again,” Bernadette laughed.

  “I’m sure it will go well, just like it always does,” Eve said putting a hand on Bernadette’s arm in reassurance.

  “Yes, I’m sure. And you? Are you working today? Or going out with D’Arcy?”

  “Oh, I’ve got plenty of drawing to do and you know we’ve got to get on with our gym, and the conservatory. I’m going to do some costings, get some quotes.”

  “You’re so efficient, my love, I’m impressed. I mean, after the wedding you arranged, I’m sure you could anything.”

  “I’ve got some hidden talents.” Eve smiled at the compliment.

  “OK, well, I’m going to have to leave you to it.” Bernadette drained her coffee and pushed away her plate.

  Eve accompanied her to the door. They kissed goodbye, and Eve waved her off from the front door. Once she pulled out from the driveway, Bernadette’s mind was on the hearing. She was mentally rehearsing and p
reparing for what was to come.

  ✽✽✽

  Bernadette picked up Imogen from the office, and they drove to the Criminal Courts of Justice. Callum and Rhys were to meet them inside the main court building. As they mounted the steps, there was a large contingent of press and down on the pavement quite a number of people waving placards demanding Callum’s release.

  “Well, looks like what you said worked,” Imogen observed.

  They had been watching their build up on Facebook. There were support groups on social media and lots of press about the forthcoming hearing. Oisin had featured somewhat prominently in the press urging that justice is seen to be done. It was clear from his stance that everyone knew he wanted the extradition to go ahead. However, some opposition MPs were also speaking out against it which was good. Reporters starting shouting questions as soon they neared the throng.

  “Bernadette, what’s your prediction for today?”

  “Are you confident you can win?”

  “Oisin Kavanaugh wants Callum to go to the UK, what do you say to that?”

  Bernadette wasn’t going to say anything, but this goaded her. She stopped briefly and spoke, “What I say is that justice needs to be done, and we are here to see that it is. Callum Jenkins is not involved in this crime and we intend to show that in court. Nobody should presume upon the courts and the justice system of Ireland. We want fairness, and we intend to get it. Thank you!”

  She turned away ignoring the shouted queries and walked swiftly into the building with Imogen.

  “Was that wise?” Imogen asked her once they were inside.

  “Probably not,” Bernadette laughed, “But I was provoked.”

  “Don’t let them, that’s what you always tell me.”

  “I know,” Bernadette sighed, “But it was just some fighting words. Nothing too bad.”

  “No, darling, but you know, take care.”

  “Yes, mum.”

  Imogen laughed and they headed for the courtroom. Callum and Rhys were waiting outside for them.

  “Any questions, before we go in?” Bernadette asked them.

  “No, I think we’re fine,” Rhys said, and Callum nodded in agreement.

  They had been to see them both for a final briefing the week before, so there was no real need to go to a meeting room.

  “Right then.” Bernadette smiled. “Let battle commence.”

  The courtroom was already filling up with press and public when they entered. Imogen made sure Rhys got a seat near the front, and then took Callum to stand in the dock. There was a court official to sit beside him during the hearing.

  Imogen re-joined Bernadette who was getting out their papers and the court bundle containing all of the evidence on numbered pages. The judge would also have a copy of this and there would also be one in the witness box.

  While they were preparing, Shane and Mason arrived and began to set up their station. They nodded in Bernadette and Imogen’s direction. Bernadette accorded them a brief smile.

  Very shortly after this, Imogen nudged Bernadette. She looked back and there was Oisin, having turned up like a bad penny. Bernadette pursed her lips, but his presence was only to be expected.

  A few more moments went by and the Tipster entered the room. He called the court to order and they rose for the judge. Justice Brannigan entered the room and took his seat. Another glance at Oisin, Bernadette noted he was looking daggers. She had half expected to see another judge due to Oisin’s interference but apparently, his influence did not quite extend that far.

  After surveying the courtroom with what appeared to be his natural scowl he spoke, “Ah, so we are here for the hearing of the DDP versus Callum Jenkins, a matter of extradition to the United Kingdom.”

  He paused for a moment before continuing, “Now, I just want to address one small issue since it has come to my attention that there was apparently some discussion about me recusing myself from this hearing. I want to scotch any such rumours and state, I have no personal connection with any parties in this matter. I do not know Mr Callum Jenkins nor his father. This trial will be carried out with the proper and full impartiality expected by the justice system.”

  He fairly thundered out this statement all the while looking fixedly at Oisin. Bernadette had not heard any recusal rumours but the fact the judge felt he had to say it, meant there must have been yet a further attempt to replace him with someone more favourable to the outcome. Oisin Kavanagh did not look pleased.

  “Now then. I recognise the parties before me today from the prehearing, am I right?”

  “Yes, Judge,” said Bernadette.

  “Yes, Judge,” said Shane.

  “Excellent, so no need for further introductions, I have all your names here. Mr Jenkins, I see over there in the dock. Good. Now I remind the parties of the form of proceeding. This is not a jury trial, and the decision whether or not to extradite Mr Jenkins will be made by me. The prosecution and defence will make their initial submissions. We will then have witnesses from both sides and hear evidence as per usual. After which, there will be a further opportunity to make final submissions. I shall then deliver a judgement on the matter. Are we quite clear?”

  He looked expectantly at the two sets of lawyers who both signified their agreement.

  “Good, very good. We will take suitable breaks of course, and also have a lunch break.”

  He sighed, almost as if he wished they could have a lunch break already.

  “Right, so if there are no questions, we can take the first submission from Mr Wilson.”

  Shane stood up, shuffled his papers on the mini podium in front of him. Took a quick look around the courtroom and began, “Judge, it is our submission that this case is as plain as it is simple. nineteen Vietnamese women were put onto a truck and concealed in flour barrels. This truck was driven by Mr Callum Jenkins whom you see over there in the dock.”

  The judge glared at him slightly, not impressed with the implication he was incapable of already knowing this. However, he forbore saying anything.

  “We know he drove the truck, and in addition, we can bring forensic evidence to prove he did drive it.”

  “Has he denied driving it?” Justice Brannigan wanted to know.

  “Well, no, but…”

  “Right, carry on.”

  “As I was saying, should Mr Jenkins attempt to deny it, we have evidence that he did drive it. He brought it from a transport yard in Dublin across the channel to a depot in London where he left it. The Metropolitan Human Trafficking Squad subsequently raided the premises, along with immigration officers and apprehended the nineteen women who we understand were intended to be trafficked for sexual purposes which is, as I’m sure you know, illegal in the United Kingdom and also in this country. It carries a sentence of up to fourteen years in prison, and as such meets the conditions for extradition. In addition to being trafficked, they illegally entered the United Kingdom, and of course Ireland, plus many other countries on the way. This in itself is an offence of aiding and abetting illegal immigration.”

  He paused, to see how the submission was being received. However, the judge did not appear to be particularly moved by his speech so far.

  “We also arrested an accomplice of Mr Jenkins, one Kevin Clinton, who has named Mr Jenkins as having been implicated in the trafficking, saying that he had full knowledge and is complicit in the crime. Mr Clinton will testify under oath to that effect. Based upon this testimony, we request that the extradition order is granted. Mr Jenkins will be charged with the offences mentioned by the police in London, and a prosecution brought against him. We contend natural justice should prevail in this matter, and the police in the United Kingdom should be free to pursue their prosecution of Mr Jenkins.”

  Shane coughed slightly as the judge fixed him with an unnerving stare. “We submit that the extradition order should be allowed, and Mr Jenkins be extradited to the United Kingdom.”

  He stopped abruptly.
Bernadette reflected, when laid out like that in open court, it didn’t sound as convincing as perhaps the prosecution thought it was.

  “You understand our justice system has a presumption of innocence?” Justice Brannigan asked him in a deceptively mild tone.

  “Yes, of course, Judge.”

  “Yet, your case seems to imply a presumption of guilt, wouldn’t you say?”

  Shane wasn’t perhaps expecting the judge to be quite so direct. “Well…” he said, “Well… we want Mr Jenkins to be given the chance to prove his innocence in court as is only right and proper, if indeed he is. Unless the passage of justice is allowed to run its course, then how can we say if he’s innocent or not?”

  “Thus, assuming he’s guilty,” said the judge implacably.

  “The police and prosecution service believe there is a strong case that he is involved in this crime, Judge, as we will seek to show during this hearing,” Shane said sounding rattled.

  “We will hear your arguments in due course, no doubt,” said Justice Brannigan a little sardonically.

  “Yes, Judge, this completes our opening submission.” Shane sat down looking a little flustered.

  “Mrs Mackenna?” Justice Brannigan said turning his attention to Bernadette.

  “Yes, Judge.” She stood up and waited.

  “I hear you are to be congratulated, am I right? You were recently married, I believe?” He smiled.

  “Yes, Judge, I was, thank you.”

  “We the judges are up on current affairs, contrary perhaps to certain popular opinion.” The judge shot a sharp look in the direction of Oisin who glared back.

  There were murmurs in the press throng as they seemed to cotton on something was going on behind the scenes of the hearing, although they didn’t really know what.

  “In any case,” Justice Brannigan continued, “Let’s hear the submission from the defence.”

  “Certainly, Judge,” said Bernadette smiling, she glanced down at her papers. This wasn’t a major opening speech, and so she dispensed with her usual court ritual. There was no jury and only the judge to appeal to. It would be a simpler affair altogether however she could not forbear to forgo Shakespeare entirely and hoped the judge would not decry it.