by D. R. Bailey
“Judge,” she said, “The case for the defence rests upon our presumption and, indeed, assertion of the innocence of our client. The prosecution, other than on the say so of a witness who claims Mr Jenkins was involved in the crime of trafficking, has brought nothing concrete to prove their case.”
She stopped noting the judge was attentive to her words.
“The great bard himself wrote this and I quote: ‘Since what I am to say must be but that which contradicts my accusation and the testimony on my part no other but what comes from myself, it shall scarce boot me, to say ‘not guilty’, mine integrity being counted falsehood, shall, as I express it, be so received. But thus: if powers divine behold our human actions, as they do, I doubt not then but innocence shall make false accusation blush and tyranny tremble at patience.’”
The judge looked a little askance at this reference but continued to listen carefully.
“What I’m trying to say, Judge, is that Mr Jenkins does profess his innocence. It is his word against the prosecution’s witness. From the prosecution standpoint, they are in fact saying that my client is a liar. But we, the defence, place our reliance on you, to judge, as the effective power divine in this courtroom, whether or not it is the case, and we believe you will judge our client to be truthful. Moreover, surely the case to extradite Mr Jenkins must be proven beyond reasonable doubt. We say that there is reasonable doubt. Our own witness will cast the shadow of doubt even further upon this case. We intend to show through cross examination that the testimony of the prosecution’s main witness is flawed, and that he is the one who is lying, and not Mr Jenkins.”
She paused, glancing at Imogen who gave her an encouraging smile.
“The prosecution is not working from a presumption of innocence at all. They want to get our client to the United Kingdom to charge and begin a prosecution against him. However, we suggest that they also want to interrogate him and build a stronger case against him than they currently have. Mr Jenkins is an Irish citizen. A citizen of this country and he has rights. We contend that an Irish court should not extradite one of our citizens unless there is undeniable proof he has committed or is implicated in the offence they want to charge him with. They do not have that proof and we submit that the extradition order should be refused.”
“A laudable speech, Mrs Mackenna,” said the judge, “You are right to indicate there is a burden of proof, and let’s see if it exists. Your reference to Shakespeare is apt, although I am not appointed here by divine intervention, however, we will let that pass as poetic license.”
He chuckled a little at his own joke, and Shane Wilson looked annoyed. It did not seem to Bernadette that the judge was overstepping his impartiality, however.
“Thank you, Judge,” she said sitting down, well satisfied with the result.
It had not been a long speech, but there was no need in this case for too many words. Her opening speeches were usually more dramatic and telling, but the case rested on the testimony of the witnesses and what she could do to damage the prosecution’s case.
“I think we have time to begin the witnesses before morning break,” said the judge, “Mr Wilson, call your first witness.”
“I call Detective Chief Inspector Harold Graham,” said Shane.
The clerk of the court repeated the call, and shortly DCI Harold Graham entered the court. He was around forty years of age, with grey thinning hair. He was a slim man with a blue suit and black shoes, a white shirt and blue tie. He looked every inch a professional police officer. He took the stand, swore the usual oath and stated his name and rank in the Metropolitan Police Force.
“DCI Graham,” said Shane, “You are the Senior Investigating Officer on the trafficking case, is that correct?”
“Yes, it is,” said Graham, he had a slightly northern twang which probably meant he started out in a force in the Midlands in the UK.
“Can you give us a rundown of the operation from your perspective?”
“Yes, we have had the yard under surveillance for some time with undercover officers in place. We received intelligence that there was a consignment of people coming in to be trafficked. We knew they were destined to end up in criminalised illegal brothels.”
“Just a moment, did you say consignment? Is that what you said?” Justice Brannigan interrupted.
“Yes, Judge, I did.” Graham wasn’t fazed by the question.
“These are people aren’t they, and yet you’re referring to them as if they were merely goods or chattels.”
This was a pointed question and the judge looked somewhat put out to hear such seemingly callous language.
“Yes, Judge, of course, they are, and it’s just jargon.”
“Somewhat demeaning jargon, wouldn’t you say, Detective Chief Inspector?” said the judge in slightly acidic tones.
“Judge, I do apologise, we certainly don’t regard it that way, we take a very serious view of this type of crime and are very sympathetic to the women concerned.” Graham was very smooth in his delivery, Bernadette mused, he had obviously been in court on many occasions.
“Very well, carry on, Mr Wilson,” said Justice Brannigan sounding slightly mollified by the explanation.
“So, you apprehended these women, did you?” said Shane.
“We took them into protective custody, and they are now being handled as refugees,” said Graham.
“And, you’re going to use them as witnesses, in the case?”
“It’s a potential idea but unlikely since they are understandably reluctant to talk to the police. They still have families in Vietnam and are afraid of retribution,” Graham replied somewhat offhandedly.
“Right, in any case, having discovered the refugees, did you also make other arrests?”
“Yes, we did.”
“How did you come by those people?”
“They were either present during the raid, or we arrested them afterwards. Most of them were released either on bail or because they had nothing to do with the crime,” Graham said in matter of fact tones.
“You did not arrest Callum Jenkins, however?” Shane injected a note of surprise in his tone, although in reality, he knew this was the case.
“No, we didn’t at the time.”
“Why was that?”
“The raid was carried out after he had dropped off the transport. By the time we tried to locate him, he had left the country.”
“I see, and the timing of the raid was because?”
Shane was leading him through it without seeming to do so, in the manner that was required when questioning your own witnesses on the stand.
“We had to be sure that the cargo, sorry, Judge, the refugees, were safely in the depot. They had remained in the truck for some time and we wanted to catch them unloading it which we did.”
Graham corrected himself as soon as he saw the sharp look from the judge when he said ‘cargo.’ Bernadette wondered how much they really did care about the refugees but kept the thoughts to herself.
“And the unloading was some time after the drop off, to be clear?”
“Yes, yes it was.”
“So, Mr Jenkins had already left the country.”
“Yes.”
It was important for Shane to establish a desire the arrest Callum and a clear reason why they hadn’t, rather than make them appear incompetent.
“Can you explain why you want to arrest him and question him?”
“I can indeed. We arrested a Mr Kevin Clinton who is known to the police. He has previous convictions for petty crime, and we know he is connected to or at least does work for a syndicate. After his arrest, he agreed to become a prosecution witness in return for a possible reduced sentence or witness protection.”
“He agreed to give evidence against some of his associates, am I right?”
“Yes, he did.”
“One of whom is Mr Jenkins?”
“We believe so, yes.”
“
And why do you believe that?”
“Mr Clinton made a statement to that effect, giving us times and dates he had met him. We confirmed these from phone records. We also have forensic evidence proving Mr Jenkins did drive the truck. We obtained fingerprints from the Garda when he was arrested here, and we’ve since matched them to those taken from the truck.”
“Indeed,” said Shane glossing lightly over this since the judge had already taken a dim view of using this as evidence.
It occurred to Bernadette they surely must therefore have seen the content of Callum’s texts and noted they were in a relationship. She suspected they would attempt to play this down, and also it indicated why the phone records had not been provided in evidence. She decided to play that card.
“Objection, Judge, the phone records mentioned by the witness were not provided in evidence,” she said jumping up.
“Mr Wilson?” Justice Brannigan raised an eyebrow.
“Judge, if I could confer with my colleague?” said Shane looking flustered.
The judge shrugged and gave him a slight smile.
There was a whispered conversation between Shane and Mason, before Shane stood up.
“Judge, the records were simply used to show that there was a connection between the two, and not considered material evidence in the case for extradition,” he said.
This was a bluff, and he knew it. Bernadette was sure by rights they should have provided them.
“But they were meant to support your assertions about the connection and so I would suggest they are material evidence.”
“Yes, Judge,” said Shane unhappily.
“Very well, however in order not to delay things, I leave it to the defence counsel to let me know if they wish these records to be provided. Mrs Mackenna, what say you?”
“We will let you know, Judge, at this point I’m uncertain and need to consider it.”
This gave her the opportunity to change her mind, should she need to do so. In reality, she felt they were unnecessary, but she wanted to embarrass the opposition, and she had succeeded in that aim.
“Right, then I leave it to you, but raise it in good time if needed,” said the judge, “Mr Wilson, you may continue.”
Shane inclined his head and was no doubt happy at the lucky escape. He resumed his questioning of Graham.
“Do you have any other reason to suspect Mr Jenkins is involved?”
“There is CCTV footage of him driving the truck in and handing it over obviously.”
“So, you feel he would have known the contents of his cargo?”
This was pure supposition, Bernadette knew it. Simply presenting events in such a way that the explanation seemed plausible.
“We certainly believe so, yes. It would be common practice for drivers to be aware of what they are carrying in case they are questioned at customs.”
“Why do you think Mr Clinton is, in fact, telling the truth?”
“Because he has no reason to lie, we’ve already caught him, and he knows we could prosecute him for the crime. He’s got nothing to lose by naming other names.”
“I see.”
Shane thought for a moment, and then evidently decided he had asked enough. In his view, he would feel he had established his case.
“No further questions, Judge,” he said.
“Thank you, Mr Wilson,” said Justice Brannigan, looking at his watch, “Ms Mackenna, do you have many questions? And if so, perhaps we’ll take a short break.”
“I have a few, Judge,” said Bernadette unable to know exactly how long her cross examination might take.
“In that case, we’ll have a break,” said the judge, summoning the Tipster.
✽✽✽
In a meeting room, Bernadette and Imogen were sipping coffee. They had a brief word with Rhys and Callum, and told them to sit tight, since it was early days. So far there wasn’t anything unexpected at all.
“What do you reckon?” Imogen ventured after a moment.
“So far so good, I guess. I’ve got a chance now to try and go on the attack with the good inspector.”
“Yes, he didn’t present a compelling argument.”
“Their case is not compelling,” said Bernadette, “And yet here we are. Uncontested he would be on his way to London for sure. His denial alone isn’t enough to sway the judge. After all, what they have is circumstantial but not conclusive evidence he was involved or might have been.”
Bernadette took another sip of her coffee.
“They already know about the gay relationship don’t they,” Imogen said acidly.
“Oh yes, and they wouldn’t want it brought up in court, but now they know we’re going to.”
“We should have thought about the phone records.”
“Yes, but they should have put them into evidence, they did not want to for the very reason it undermines their case.”
“Fuckers,” said Imogen crossly.
“That’s why we are here, to ensure Shane plays fair.”
“I’d give him something to play fair about,” Imogen growled.
“Are you still, you know?” Bernadette cocked an eyebrow.
“Oh, no. I’ve buried those fantasies, in fact, prolonged contact with him is working like an antidote,” Imogen laughed.
“That’s good.”
“Yes, he’s just a fucking arrogant prick and one who doesn’t really respect women either.”
“Do you think so? I mean, the not respecting part?”
“He didn’t respect me.”
“In what way?” said Bernadette looking concerned.
“Oh, not like that, he didn’t do anything without my consent, if that’s what you’re thinking. But I don’t think he cared for me either, as a woman.”
“More as a chattel?” Bernadette smiled sardonically.
“Yes, a bit like that. He fancies himself as a bit of a Christian Gray and not just the S and M part, but I think the big powerful ‘I am’ who lords it over his subjects or something.” Imogen gave a scornful laugh.
“Yes, perhaps you’re right. Anyway, so far, the judge is not impressed. I’d say.”
“No.” Imogen glanced at her watch. “It’s nearly time, I need the loo first.”
“I’ll join you,” said Bernadette getting up.
✽✽✽
Court resumed with the Tipster announcing Justice Brannigan, who came in looking a little more relaxed and less forbidding than before. Perhaps tea was a restorative for the judge, Bernadette mused. Besides the hearing was now in progress and whatever interference Oisin could attempt would now be minimal. She glanced around the courtroom, but he wasn’t in evidence. She shrugged thinking perhaps he had become fed up with the way things were panning out.
“Now then, Mrs Mackenna, I believe it’s your turn with the DCI, is it not?” the judge said amiably.
“Yes, that’s right.” Bernadette stood up and studied her notes for a moment before commencing. “DCI Graham, did you at any time previous to the raid in question suspect Mr Jenkins of being involved in human trafficking?”
“No, no we didn’t,” Graham replied.
“I see. So, it was only after the raid, that you formed the opinion that he was involved, am I right?”
“It was more than just an opinion,” Graham countered.
“Was it? How was it more than an opinion?”
“For the reasons I’ve previously stated when we questioned Mr Clinton, he named Mr Jenkins as a key suspect, and we know Mr Jenkins drove the truck.”
“Yes, so you said. Although without concrete evidence of Mr Jenkin’s involvement, it could be said that it is only an opinion, couldn’t it?”
“No, I don’t agree, that’s not how we work. We don’t arrest people just on opinions,” said Graham sounding a little annoyed.
She left the topic since there was no real mileage in the line of questioning, it was more an attempt to sound him out, see how he
would respond. However, it had served to soften him up a little, and perhaps unnerve him.
“Now you also said that forensic evidence, CCTV and so on, showed he drove the truck, am I right?”
“Yes, yes that’s right.”
“But, that evidence, in fact, any evidence you have or really, you don’t have, doesn’t show Mr Jenkins was directly involved in the trafficking apart from one statement from a source who is himself a convicted criminal. Isn’t that true?” She was starting to zero in on him, and he knew it.
“I don’t feel it’s quite true. His presence and the evidence he was there, is a pointer to his involvement.”
“A pointer? I don’t think so, that’s an assumption, not a pointer surely, don’t you agree?”
“No, I don’t,” Graham shot back.
“But the reality is that none of those things, other than the statement of your witness, directly connect Mr Jenkins to the crime, yes or no?”
“Well…” Graham hesitated.
“Yes or no, DCI Graham?” she said it more forcefully this time.
He paused thinking it over. She had trapped him, however, since there was only one answer.
“Not directly, no,” he said at length.
“Thank you,” said Bernadette smiling at him rather like a panther might smile at a young deer in its sights. “Now, you claimed, did you not? That there was no reason for Mr Clinton to lie. You said he wouldn’t lie because he had nothing to lose, is that correct?”
“Yes, that’s correct.”
Bernadette settled herself in to go for the throat. She began quite gently.
“But surely there is every reason for him to lie. If he can implicate someone else in the crime then he would get himself off the hook, wouldn’t he? So, he could very well be lying to save his own skin. Couldn’t he?”
“That’s not how it works.” Graham said this rather emphatically as if he felt he was on solid ground.
However, Bernadette was rather laying another trap into which she hoped he would fall.
“Oh? Is it not? Then please enlighten us as to how it does work.” This was tinged with slight sarcasm but not too much, since the judge might object.
“If he lied and Mr Jenkins was innocent then we would still prosecute Mr Clinton and he knows it. So, unless he gives us a genuine suspect then his own safety is by no means guaranteed,” Graham said triumphantly.