by D. R. Bailey
“Yes, but surely you could not have seen everyone who was there. You would not have. So, it’s possible would you not agree he could have been there?”
“I don’t know, I suppose so, but I don’t think he was.”
This wasn’t equivocal enough for Shane, so he tried again.
“Yes, so you’ve said. Can you also tell me, were some of the men wearing masks?”
“Yes.”
“So, you couldn’t have seen their faces properly, then could you? It’s perfectly possible Callum might have been there wearing a mask. Is it not so?”
“That’s possible but I don’t think so.”
“But it might be possible, yes, or no?”
“Yes, it might be possible.”
This was the answer he wanted. To throw shade onto her testimony. They were two lawyers playing with degrees of doubt and hoping the judge would lean more towards their version than the other.
“Thank you, no further questions, Judge.” Shane sat down.
It wasn’t possible or certainly politic for him to press Anh, and he knew it. So, he opted instead for a much milder line of attack which simply tried to discredit the plausibility of what she had said.
“Mrs Mackenna?” Justice Brannigan said, in case she had any more questions.
“I do have something I’d like to ask her, yes.” Bernadette stood up.
“Continue.”
Bernadette beckoned Callum over.
“Witness A, I’m going to ask Callum to speak and I want you to listen carefully, OK?”
“Yes,” said Anh.
“Callum, could you just say your name, and a few words about yourself?” Bernadette asked him.
“Sure, I’m Callum Jenkins, I’m a truck driver. I drive trucks for a living and my father is the man who owns the haulage business. I’m his son and I work for him.”
“Thank you, Callum. Witness A, did you hear Callum’s voice clearly?”
“Yes,” said Anh.
“Have you ever heard his voice before?”
“No, I have never heard it before.”
“You’re sure about that?”
“Yes, I’m very good with voices, I listen carefully, I was a tour guide, I’m used to listening carefully to accents, and I’ve never heard it before,” Anh said emphatically.
This was gold, for Bernadette. Anh had come across as very articulate in English and so her testimony couldn’t be attacked from that point of view. The only issue was, as Shane had pointed out, whether she really could be sure Callum was there or not. What Bernadette had managed to do was negate to some degree Shane’s line of questioning. It would still be for the judge to decide whether or not Callum was likely to have been there. Anh’s testimony did tip the balance a little more in their favour.
“No further questions, Judge,” said Bernadette with a smile.
“Mr Wilson?”
“No, Judge,” said Shane. Bernadette had outsmarted him on this witness, although he would certainly not be defeated as yet.
“Witness A, thank you for your time, we are going to disconnect the video now,” said the judge.
The video went off and he addressed the court, “Right then. We’ll take an early lunch, and then hear from your new witness, Mrs Mackenna, and hopefully, we can get your final submissions in before the end of the day, yes?”
“Yes, Judge,” said Bernadette.
“Yes, Judge,” said Shane.
The Tipster called for the court to rise, and the morning session ended with Justice Brannigan leaving the courtroom.
✽✽✽
Over lunch, Bernadette and Imogen were joined by Olivia. Callum and Rhys had opted to go for a walk to cool off, but Bernadette warned them to steer clear of talking to the press or anyone else. Rhys said he’d seen a café near the courtroom and fancied a fry up. Imogen had ordered in sandwiches and coffee for the three of them.
“Well, what do you think?” Olivia said accepting a chicken and salad roll from Imogen.
“About?” Bernadette took a sip of her coffee.
“Your chances?”
“Improved hopefully with your testimony.” Bernadette reached for a beef baguette with salad.
“We can’t give you any footage you realise that, it’s all on my say so.”
“I know and at the very least it should enter some doubt, we sure as hell need it after Callum’s little performance out there.”
“Oh?”
“He lost his rag with Shane,” Imogen laughed, taking a bite out of her own ham, egg and salad bap.
“Not hard to do from what I’ve seen,” Olivia chuckled.
“Oh, he’s good at winding up the witnesses, unfortunately, Callum took the bait. It just made him seem as bad as their witness Kevin who had already lost his cool in spectacular fashion,” Bernadette added.
“Is it that harmful to your case?”
“It depends, I wanted a clear contrast between the two of them and it’s not going to be that anymore.”
“Ah well, let’s see if I can’t give you a helping hand.” Olivia smiled.
“How’s the investigation going?” Imogen asked her.
“Very well, I think we might get a major score on this one. Drugs, weapons, the lot, as well as the people smuggling.”
“Sounds good.”
“We might want to bring your witness over here after all,” said Olivia.
“It will be good for her, but she’ll need some assurances about being able to attain refugee status,” Bernadette said.
“Perhaps your friend Jack can pull some strings for us, hmm?” Olivia cocked an eye.
“Why don’t you ask him, you are the SIO?”
“I might just do that.”
The three of them addressed themselves to the food for a few moments, and once she had finished her sandwich, Bernadette said, “How are things with Carole?”
“Very nice, thanks, still ticking along.”
“I’m glad to hear it, she seems like a nice girl.”
“Oh, she’s nice, naughty but nice.” Olivia smiled.
The rest of lunch was taken up by discussion of the afternoon session and what Bernadette planned to ask Olivia. No mention was made about the possibility of Shane being gay although Bernadette was sure Imogen was dying to talk about it. She was sure it would be a topic of conversation later.
✽✽✽
They took a loo break and then returned to the courtroom. Bernadette was happy to see Callum and Rhys already there.
“Everything OK?” she asked Rhys as she passed him.
“Yes, the reporters tried to collar us, but we didn’t say anything.”
“Good. We will say something at the end of this afternoon session.”
“OK, we’ll be guided by you.”
Bernadette patted his shoulder affectionately and returned to their station.
The Tipster announced Justice Brannigan who came in and sat down looking quite perky. He was no doubt anticipating the end of the hearing, Bernadette mused.
“Now then, you have a new witness for us, Mrs Mackenna?” said the judge.
“Yes, Judge.”
“Then let’s get on.”
“I call DS Olivia Thompson to the stand,” said Bernadette.
Olivia was sworn in, confirmed her name and profession, and Bernadette began her questions.
“You are Senior Investigating Officer on an investigation which has relevance to this case, am I right?”
“Yes, I am,” said Olivia.
“Can you tell us about it?”
“We have been undertaking an investigation into Balik Trading which is the depot from which the truck was driven carrying the Vietnamese women who were being trafficked for sexual purposes. We also now know it was loaded at the site, and that is where the women were put on board. We also found equipment to make the customs seals for other countries, so that the seals can be broken, and then reinstated w
ith forgeries.”
“So, you have evidence confirming this?” It was important to establish this part.
“We do. We have preliminary statements which indicate this to be the case. We made a number of arrests and these people are in the process of being charged. We have internal CCTV footage which also bears this out. However, at present, we cannot release any of this as it is being used for cases against the perpetrators.”
“Quite. But as you are under oath, can we take your word on this matter for the moment, that what you say is correct?”
“Yes, I’ve seen the footage myself, and of course I know what was said in interviews with suspects and made in statements.”
“Thank you. Do you see our client Callum Jenkins standing over in the dock?” Bernadette pointed at Callum.
“Yes, I do.”
“Can you tell the court if he has appeared in any of the CCTV footage you have seen, or whether his name has been mentioned?”
“No, it hasn’t appeared in any internal footage. His name has not come up so far during questioning.”
“Do you think it’s likely he was involved?”
“Objection,” said Shane jumping to his feet at once, “The DS cannot possibly know for sure, and it is purely conjecture when their investigation is not complete.”
“I’m simply asking her professional opinion, Judge, surely it’s allowable?” Bernadette shot back.
Justice Brannigan thought for a moment, and then said, “I think perhaps I will accept the objection. It’s really for me to decide, based on what I’ve heard, what the balance of probabilities are.”
“Thank you, Judge,” said Shane shooting a look of triumph at Bernadette.
“I withdraw the question, Judge,” said Bernadette ignoring this. “DS Thompson, can you tell us if there was any video footage of Callum Jenkins?”
“Yes, there was, footage of the outside when he collected the truck.”
“And what did it show?”
“It showed him walking around inspecting the truck, then getting in and driving it away.”
“Did he open the back of the truck?”
“No.”
“And this is footage which you personally saw?”
“Yes.”
“Objection,” said Shane jumping to his feet again, “Judge, this is all very well but since we cannot have the video footage in this courtroom then we are taking the word of this officer, which although I’m sure is truthful, it’s also technically hearsay since the evidence cannot be directly viewed. I am submitting that what was on that video should not be admissible, unless we can view it.”
“Judge, DS Thompson is a serving officer in the Garda, surely her testimony should be sufficient?” Bernadette wasn’t letting this go without a fight.
“I’m minded to allow it,” said Justice Brannigan, “But I can’t give it the same weight as I would if I had been able to see it, and I take the point on board.”
“Thank you, Judge,” said Bernadette accepting the concession, “I’ve no further questions for this witness.”
“Mr Wilson?” Justice Brannigan asked.
“Yes, I do,” said Shane getting back on his feet.
“Carry on.”
“DS Thompson, you claim you have no evidence so far of Mr Jenkins being involved, but you can’t rule out there might be some revealed, yes or no?”
Bernadette rolled her eyes this was almost the opposite of what she had asked and was disallowed. However, she held her peace.
“No, I can’t rule it out, but I can say…”
“That’s all I need, a yes or no answer, thank you,” said Shane cutting her off.
Olivia pursed her lips. She wasn’t happy at this cavalier treatment.
“And with the video, you mentioned. Although it shows Mr Jenkins didn’t look in the truck at the depot, he could have done so later on, out of sight somewhere on the road, yes or no?”
“Well, that’s a big assumption…” Olivia began.
“Yes or no, DS Thompson,” said Shane interrupting.
“Yes, he could have.” She looked as if she would say more but realised the game he was playing.
“Thank you, that’s all I have, Judge,” said Shane well satisfied with himself.
“Do you have anything more, Mrs Mackenna?” said Justice Brannigan.
“No, thank you, Judge.”
“Very well, DS Thompson thank you for your time coming here today, you may step down, your work is done.”
Justice Brannigan was almost jovial as this was the last witness. Bernadette got the impression the judge was going to be more than happy to put the hearing to bed. She could hardly blame him. It was difficult and also not at all cut and dried. A lot of pressure rested on the judge making the right decision since it was a matter of sending an Irish citizen to trial in another country, and possibly prison. This wasn’t something to be taken lightly.
Olivia got down from the stand and went to sit back in her seat. There was an expectant buzz from the assembled press on the benches.
“Now, do either of you need any time, say half an hour to prepare your final submissions or can we get on with them?” Justice Brannigan asked the two counsel.
“A few moments might be nice, Judge, in the light of the recent evidence,” said Shane.
“Very well, we’ll adjourn for thirty minutes after which you can deliver your final submissions.”
The Tipster was already halfway into the courtroom on hearing those words.
✽✽✽
“We’ve had more fucking breaks than any other hearing I’ve been at,” said Imogen as they drank another coffee.
Olivia had not joined them because she said there were phone calls to be made, but she wanted to stay until the end. Callum and Rhys were spending the break together and so it was just Bernadette and Imogen in the meeting room nearby.
“I don’t think it is really,” Bernadette laughed, “It just feels that way.”
“I’m pretty sure the judge doesn’t want to be here,” Imogen replied sipping her drink.
“Yes, me too, but overall, he’s been quite fair.”
“Let’s see if he is when he makes his judgement.”
“How do you think it’s going to go?” Bernadette asked Imogen, wondering what her opinion on it might be.
“I don’t know, personally I think he shouldn’t send Callum to the UK, but then I’m biased.”
“OK, but what do you think?” Bernadette sometimes pressed her, a little, it was part of her passage to being a senior barrister.
“Oh fine.” Imogen considered it for a moment. “I think our case is still stronger. They have only got the testimony of a witness and we’ve exposed the weakness in that. Even though Callum lost his temper, Shane couldn’t get him to admit to anything. We’ve brought more doubt in with Anh and also Olivia which supported what Anh was saying. So overall I think the balance of probabilities should fall in our favour.”
“I think so too, but you can never be sure until the judgement is in.”
“Yes, very much so.”
“Let’s discuss the summary.”
“Sure, but by the way, D’Arcy texted me to ask when we might be finished. I’m not sure if she’s coming here to surprise me or something.”
“Who’s a lucky girl then.”
✽✽✽
The discussion about their final submission took up the rest of the break, and Bernadette returned to the court in good spirits. Once they were in place, the judge breezed in hot on the heels of the Tipster. He sat down, gave the courtroom a cursory glance before speaking.
“Mr Wilson, would you like to give your final submission, if you please?”
“Yes, Judge.” Shane stood up and rustled his papers for a moment. “Judge, the position of the prosecution remains adamant. Mr Jenkins should be extradited to the United Kingdom.”
Having made this bold statement, he paused for effect.
“We stand by the testimony of our witness. Whilst we accept, he had a sexual relationship with Mr Jenkins, other than his denial, nothing concrete has been presented which categorically rules him out from knowing about the trafficking. We have his own denial without any concrete evidence. We have Witness A who said she had not seen or heard him, or his name. However, that doesn’t mean he wasn’t there. The evidence of DS Thompson doesn’t absolve Mr Jenkins. He could still have known about it.”
He stopped and took a drink of water.
“Therefore, we don’t believe the police and the prosecution service in the United Kingdom should be denied the opportunity to pursue a legitimate prosecution of Mr Jenkins. It is intended to charge him, as I mentioned at the beginning of this hearing and then prosecute him under United Kingdom law. We don’t believe there is sufficient reasonable doubt not to allow the extradition to go ahead. In conclusion, our submission is that we ask the court to give permission for the extradition of Mr Jenkins to be allowed.”
“Thank you, Mr Wilson,” said Justice Brannigan who had been listening carefully to what Shane had said. “Mrs Mackenna, you may give your submission now, if you please.”
“Thank you, Judge,” said Bernadette standing up.
“More Shakespeare for us, Mrs Mackenna?” said Justice Brannigan smiling.
“Well, Judge, I could naturally say ‘Truth is truth to the end of reckoning’ but I’m sure you already believe that, being a judge,” she quipped.
“Indeed, Mrs Mackenna, anyway, please carry on.”
Bernadette nodded and composed herself briefly. “Judge, you asked about Shakespeare and I would quote from Macbeth, when he says, ‘What, can the devil speak true?’ Bringing that quote into context, can the devil, a criminal, speak true? Can Mr Clinton, a known criminal, speak the truth? Should the court believe him? We are talking of a man who by his own admission is a career criminal, lies are surely his stock in trade. Why should he be believed now? Other than it suits the Metropolitan Police of United Kingdom to do so, because it fits their narrative, it fits their desire to find someone, anyone to nail with this crime.”
She paused. It was a hard-hitting speech. She wasn’t pulling any punches.
“Enter, stage left, our client Callum Jenkins. A man caught up by circumstances and the misfortune to have entered into a relationship with Kevin Clinton. Evidence shows, Mr Clinton was jealous, possessive, and by his own testimony on the stand, he was angry Mr Jenkins did not share the same feelings as he did. How did that anger manifest itself? By fabricating a story under pressure from the police to implicate Mr Clinton. In other words, if Mr Clinton dobs someone else in, to use the vernacular, then he will get off far more lightly. And who better than his blameless lover. No comeback from his criminal friends, he doesn’t put his own life in too much danger, and he throws an innocent man to the wolves.”