Tug Of Law (Bernadette Mackenna Cases Book 4)

by D. R. Bailey

  “If you want.” Callum shrugged, it did not change his demeanour towards Shane.

  “Well, Callum, you stated you were in a sexual relationship with Kevin, yes?”

  “Yes, he didn’t deny it either,” said Callum who had heard Kevin’s testimony.

  “No, agreed, but sexual intimacy presages some other kinds of intimacy in terms of knowing things about each other, wouldn’t you say?”

  “Not necessarily, and not in this case,” said Callum somewhat obdurately.

  Shane decided to go for a more direct line of attack.

  “So, you’re asking the court to believe, you were intimate, but you didn’t talk about his job or his work?”

  “Yes, I am because that’s how it was,” Callum shot back, he was immediately irritated by Shane’s attitude and it showed.

  Bernadette secretly hoped he would calm down. She glanced at Imogen who pursed her lips, indicating she thought the same.

  “You met up a few times a month, is that true?”

  “Yes, quite a few, and some weekends if I stayed over.”

  “So, you spent a lot of time together and in all that time it was just about sex?”

  “Yeah, I don’t know what your sex life is like but mine was pretty intense, that’s how I am,” Callum said frankly.

  Shane looked slightly disconcerted and there were sniggers from the public benches. However, he opted to ignore this and press on. He had been quite mild over the last couple of questions, but he now became a little more belligerent and obnoxious. Bernadette knew this was deliberate in order to try and get a rise out of Callum.

  “You had no idea, none at all he was involved in crime?” Shane sounded incredulous, sarcastic.

  “No, I’ve already said so.”

  “But you would say that, wouldn’t you?”

  “What do you mean?” Callum scowled.

  “I mean you would say that. You are maintaining your innocence and yet he says you knew all about it. You’re not going to admit to it, even if it is the truth, am I right?” This was sneering, just a little, pushing a little harder now.

  “Well, he’s lying and that’s what I’m saying, what he said didn’t happen.”

  Callum neatly sidestepped the yes or no answer Shane was angling for. If he had said yes, then he was admitting to the possibility he was just saying it for the court. So far, he was just about keeping his cool, but Bernadette could see signs in his face this might not last.

  “It’s just stretching credibility too far, to expect the court to believe you had no inkling whatsoever of his criminal activities, that he didn’t discuss it with you at all, don’t you agree?” Shane came straight back at him, in a way calculated to annoy him.

  “No, I don’t, and I didn’t,” Callum retorted a little heatedly.

  “Why would Kevin say you did know? Why would he say that, do you think?”

  “I don’t know.”

  “I put it to you he said it because it’s true.”

  “Well, it’s not!”

  There was a little too much pushback in Callum’s response, it would tell Shane he was starting to get to him. Bernadette knew Shane would capitalise on this and simply come back harder. Which is exactly what he did, punching out his next question.

  “And what if I say you’re the one who is lying, you knew what was in the truck, you probably even helped to load it and now you’ve been caught out and you are trying to evade the course of justice, that’s really what happened isn’t it?”

  Callum hesitated for a moment. The direct forceful attack took him by surprise. The hesitation, however, Bernadette knew, could make the judge think perhaps there was some truth to what Shane was saying. Callum was controlling himself with an effort, she could see it.

  “No,” said Callum evenly, visibly annoyed now, “Not it’s not.”

  “You’re also telling the court you had no idea what was in the truck? You had no clue at all there were illegal immigrants inside it?”

  “I didn’t the truck was sealed. I had no reason to open it and so I didn’t know they were in there. I wouldn’t have driven the truck away if I had discovered it. I would have called in the Garda!” Callum had raised his voice. Shane’s tactics were working.

  “Let’s cut to the chase, shall we,” Shane said pursuing him harder still, “I put it to you again that you are lying. You knew all about the trafficking, you were going to get a cut from the proceeds, and you drove the truck knowing full well it contained illegal immigrants, isn’t that right?”

  “No, it’s not right, it’s not fucking well right at all!” Callum had lost his cool, and this was exactly what Shane wanted.

  “Really? Not right? I think you know it is, why don’t you just save us all a good deal of time and trouble but admitting it now, and suffer the rightful consequences of your egregious actions?” Shane said trying to drive home his advantage with a little too much enthusiasm.

  “Mr Wilson!” said Justice Brannigan.

  Shane had perhaps overstepped things a little by bringing his opinion into it and using somewhat inflammatory language and he knew it. It had been worth a shot, however, because the effect of it had been to make Callum go red in the face. Bernadette was worried Callum was going to blow, contrary to everything she had told him beforehand.

  “I apologise, Judge,” Shane said at once, “I will rephrase the question.”

  “Thank you,” said the judge.

  “Callum. Let me put it to you more simply. Why not admit the truth? The truth that you drove the truck knowing full well there were illegal immigrants inside. Admit you were part of this crime and face the consequences squarely, just like your lover Kevin has done. Why not do that and be fair to everyone here, what do you say?” Shane had dropped his tone, and sounded almost like a friend, confiding, trying to help.

  Callum regarded him steadily but with a fulminating eye, Shane had goaded him unreasonably and the condescending manner of the last question didn’t help. He’d had enough of Shane, and he exploded.

  “Because I didn’t do it! You keep saying I did it and I fucking well didn’t, don’t you get it? I didn’t bloody do it! Kevin is a fucking liar!” Callum shouted exasperated.

  Bernadette sighed. This wasn’t how she wanted it to play out. Callum’s manner had not helped him at all. He sounded like a guilty man. At the very least he sounded no better than Kevin who had also lost his temper. Now the two of them were back on a level playing field, one person’s word against the other.

  Shane had relied on goading Callum and it had worked. He really did not have anything to get leverage on Callum or any way to substantiate he was lying. This was the problem with having come to court with only one witness and no concrete evidence. The case was flimsy and so Shane had opted to attack Callum directly and make him react thus weakening the idea that Callum sounded truthful. For this case was all about how the judge perceived the responses in the end. If he didn’t believe Callum was telling the truth, then Callum would be sent to the UK and that was that. It was a possibility Bernadette now felt she might be facing.

  “No further questions, Judge,” said Shane well satisfied with what he had managed to do.

  “Mrs Mackenna, do you want to ask your witness anything else?” said the judge.

  “No, Judge, thank you,” said Bernadette. The damage was already done, and she hoped she might recoup something with Anh. There seemed little else to tip the balance in Callum’s favour.

  “You may step down, Mr Jenkins,” said Justice Brannigan.

  Callum left the stand, and the judge said, “I think we will take our morning break now, and then we can have your video witness, am I right?”

  “Yes, Judge.”

  “Excellent!”

  The Tipster entered the courtroom to adjourn the court.

  ✽✽✽

  In a meeting room with Callum, Rhys and Imogen, they were sipping coffee. Imogen was on the phone to Damsa making
sure everything was set up for the Anh.

  “How did I do?” Callum was asking.

  Bernadette sighed. “I’m not going to lie to you, losing your temper like that wasn’t helpful.”

  This was the mildest way she could put it, in real terms she felt it was a complete disaster.

  Rhys shook his head. “He’s like me, hot headed, aren’t you son?”

  “Sorry, Bernadette, he wound me up something rotten.”

  “It can’t be helped.” She shrugged.

  “How much damage has that done, to our case?” Rhys said bluntly with a sideways admonishing glance at his son.

  “I can’t say but because Callum and Kevin both lost your cool, it makes Callum look the same as him. I wanted Callum to contrast with him, sounding the more plausible, and now I can’t guarantee the judge will view it that way.”

  “Oh fuck!” said Rhys.

  “Sorry, Da.” Callum looked contrite.

  “It’s OK, son, you’ve done it now, I just hope this amazing lady here can still save us.”

  “It’s me she’s saving, Da.”

  “No, son, not just you, because I will have to bear the pain of fourteen years without you and I can hardly even think of it without wanting to weep my fucking guts out,” Rhys said, his voice hoarse and eyes suddenly moist.

  “Let’s calm down, shall we,” said Bernadette, “All is not lost yet. Just regard this as a setback and I’ll be doing everything I can to make sure it goes our way. What’s the saying, it’s not over until the final whistle?”

  “Yes, you’re right,” said Rhys, “Although I wish the Welsh Rugby team would think that way.”

  Bernadette gave him a tight smile. “I’m sure.”

  “You probably don’t follow rugby, it’s a passion of mine, I’m afraid.”

  “Da, she doesn’t want to hear about your sporting interests now,” said Callum intervening.

  “Yes, sorry,” said Rhys.

  “It’s fine and Shane can be intimidating for sure, so I understand,” said Bernadette trying to persuade herself as much as anything.

  “Oh, I’m not afraid of his sort, he pissed me off, but he didn’t intimidate me,” said Callum.

  Bernadette picked up on this at once.

  “What do you mean his sort?”

  “Oh, gay pricks like him, ten a penny in the clubs.”

  Bernadette stared at him in surprise.

  “But Shane isn’t… gay…”

  “Oh, he’s gay as fuck, trust me, my gaydar is well tuned, maybe it’s why I got so annoyed. I felt like he was… eyeing me up or something,” Callum laughed relieving the tension they all felt.

  Bernadette was half listening and still absorbing the first revelation.

  “Wait… Shane is… gay?” She started to laugh too.

  “Is that funny?” Rhys wondered.

  “I can’t tell you why, but it is, not because he’s gay but just because we know a fair old bit about him,” Bernadette told him.

  Imogen got off the phone. “It’s all arranged, no problem at all… wait, what are you all talking about, and what are you laughing about?” She looked from one to the other.

  “Callum says… wait for it… Shane is gay,” Bernadette told her.

  “What?”

  “He’s gay, trust me, gay as they come,” Callum said.

  “Oh my fucking God!” Imogen said.

  Rhys shook his head. “I’m not sure what’s happening here at all, this is all over my head.”

  “Look, I can’t say more, but Shane and I have history,” Imogen told him.

  “Oh… oh!”

  “You wouldn’t be the first,” said Callum.

  “The first to what?”

  “Sleep with a gay guy.”

  “Maybe he doesn’t know,” Bernadette ventured.

  “Oh, he knows believe me, whether he’s admitting it or not, is another matter.”

  “Right, well, I think…”

  They didn’t find out what she thought because the meeting room door opened, and Olivia appeared.

  “There you are, I’ve been looking all over for you,” she said to Bernadette.

  “What’s up?”

  “I need to talk to you both urgently.”

  Imogen looked at her watch. “We’ve not got much time.”

  “Come on, Callum, that’s our cue,” said Rhys getting up.

  “Sure,” said Callum following him out of the room.

  “So, what’s going on?” said Bernadette to Olivia once they had gone.

  “We raided Balik Transport, and guess what?”

  “What? Sorry to hurry you, it’s just we’re due back in court,” said Bernadette.

  “We’ve got evidence the illegals were put onboard there. We’ve actually got CCTV footage of it. The idiots didn’t erase their own fucking evidence. There is no sign of Callum, but what there is, is the CCTV of him inspecting the truck and driving it off. Also, we found a customs seal maker, and other equipment.”

  “That’s brilliant, are you able to stick around, I’d like to get you in front of the judge.”

  “Sure, I can do that for you.”

  “Great, well, we’ve got to get back into court.”

  “I’ll come and sit in the courtroom, then if you need me,” Olivia said.

  “I could certainly give you a hug, you’re a superstar,” said Bernadette getting up. This was just the tonic she needed after Callum’s debacle with Shane.

  “Don’t let me stop you,” Olivia laughed.

  ✽✽✽

  Court resumed, and with Justice Brannigan once more in his place, Bernadette waited expectantly.

  “Mrs Mackenna, is everything ready for your video witness?”

  “Yes, Judge.” She stood up. “But before we do so, I would like to make a request.”

  “Which is?”

  “Some evidence has just come to light, Judge. I have been informed that a raid was carried this week on Balik Trading by the Garda. This is the depot where the truck in question was loaded, and now the Garda has video evidence among other things, which we believe can absolve our client. We’d like the opportunity to call the SIO to give evidence.”

  “Objection.” Shane was on his feet at once. “This evidence has not been submitted to the court under the agreed guidelines, and we won’t have any time to examine the ramifications of it.”

  “I appreciate your concern, Mr Wilson,” said Justice Brannigan dryly, “However, you would have the opportunity to cross examine the witness, so I can’t see how this puts you at a disadvantage. After all, Mrs Mackenna has said the evidence has only come to light.”

  “Well, Judge, but…”

  “I think I’m duty bound to admit the evidence, Mr Wilson, both counsels will have sufficient time to ask all the questions they want.”

  Shane sat down, looking unhappy.

  “Thank you, Judge,” said Bernadette, “I’ll call the new witness after our video witness.”

  “Very well, but it’s likely to be after lunch,” said the judge.

  “I understand.”

  “Then, let us continue,” said Justice Brannigan.

  “We are connecting with our witness, and from now we will refer to her as Witness A,” said Bernadette.

  Imogen nodded to the Clerk of the Court, and the court video screens came on. Anh could be seen on the video monitors in the courtroom, but her face was in shadow.

  “Witness A,” said Bernadette, “Are you able to hear us?”

  “Yes,” said Anh.

  “Excellent, so I want to ask you please, can you tell us in your own words how you came to be trafficked to the United Kingdom.”

  Anh spent some time describing her journey, with some prompting from Bernadette and a few questions. It was exactly as she had told Imogen and Bernadette when they interviewed her. There was a hush in the courtroom while she was speaking. The story was harrowing and als
o very sobering.

  When she finished, Justice Brannigan said quietly, “Well, now that was a very sad story, very sad indeed. Do you have any further questions for Witness A, Mrs Mackenna?”

  “Yes, I do,” she said.

  “Witness A, I want you to take a good look at my client.” She beckoned to Callum who came to stand next to her so that he was in view of the camera.

  “Yes,” said Anh.

  “Have you seen this man before?”

  Anh shook her head.

  “No.”

  “Thank you.” Bernadette indicated to Callum to sit down. “Now, you said, you were loaded onto the truck in Dublin, is that correct?”

  “Yes, yes, it is, well, I didn’t know it was Dublin, but I knew it was Ireland, someone told me that,” said Anh.

  “And are you sure you did not see the man I just showed you during the loading process?”

  “No, he wasn’t there, I didn’t see him.”

  “Does the name, Callum, mean anything to you?”

  “No.”

  “You’ve never heard that name before?”

  “No.”

  “You did not hear that name at the truck depot?”

  “No.”

  “Thank you, no further questions, Judge.”

  The evidence was tenuous, and Bernadette was sure Shane would be able to point out the flaws in it during his cross examination. However, the purpose of Anh’s testimony was to cast doubt upon the case rather than provide Callum with an iron-clad defence.

  “Thank you, Mrs Mackenna,” said Justice Brannigan, “Mr Wilson, do you have any questions for Witness A?”

  “Yes, Judge,” said Shane standing up.

  “Given the nature of this witness, and what she has endured, could I ask you to bear that in mind while questioning her?” said the judge mildly.

  “I will be as circumspect as possible, Judge,” said Shane.

  “Thank you, please carry on.”

  Shane looked up at the screen. “Witness A, you said you had never seen the man known as Callum before and you hadn’t heard his name, am I right?”

  “Yes.”

  “But it doesn’t mean he wasn’t there, does it, just because you didn’t see him?”

  “I don’t believe he was there,” said Anh.