The Rapunzel Act, page 27
This time a loud peal of laughter rang out through the court.
‘He would have lost the trust of the players?’
‘Look, it was complete career suicide.’
‘And, just going back to the rumours about what happened with Mr Scopos, did you believe them?’
‘I didn’t believe Danny would’ve punched George. Maybe he was feeling under a lot of pressure, with everything going on in his personal life and I didn’t see it, but that was what came down from on high, so I accepted it.’
‘Thank you, that’s all from me.’
Judith was pleased with Ken’s comments on Debbie’s prospects, post-transition. But she was a little concerned by the way Judge Nolan was staring at Ken and tapping her pen, interspersed with gazing up at the camera.
‘Mr Isleworth, I have a question for you,’ Judge Nolan said, holding up her hand to indicate that everything else must wait. ‘Do you think that the defendant changed, in terms of her behaviour, when she transitioned?’
‘That’s not easy to answer. I think, maybe, in small ways. Nothing I can put my finger on, but it was almost as if she thought we would expect her to behave differently. Although maybe I saw her in a different way, because of how she looked.’
‘Hm. Did the defendant talk to you about the transition process or about any medication she took?’
Laidlaw was on his feet in a flash. ‘Your honour is most likely aware that this is an enormously important topic, which we have been unable to explore during this trial, as a result of the absence of a suitable expert. Given your honour’s clear interest, which must reflect that of everyone here today and those watching at home, piqued by Mr Isleworth’s eloquent testimony, I should like to renew the prosecution’s request to allow Dr Melanie Alves to attend and educate everyone on this crucial area.’
‘As your honour ruled at our preliminary hearing, general information about the transition process is wholly irrelevant to this trial. Nothing has changed to make it relevant or admissible, for that matter,’ Judith replied.
‘But things have changed, your honour,’ Laidlaw persisted. ‘This witness is talking about how Danny’s personality changed, the uncharacteristic brawl with Mr Scopos. He must have been under tremendous pressure. You, yourself, want to be educated, to know the answers to a few simple, basic, uncontroversial questions. And this is a high-profile case. There are millions of viewers out there, who won’t feel satisfied with the process unless this part of the puzzle is complete. The whole basis for us opening up the courts is to educate, to illuminate, to enlighten, not to stifle, suppress or muzzle. And we are well within our time estimate.’
‘This is…’
Judge Nolan raised her hand and stopped Judith mid-sentence. Judith held her breath but she knew, instinctively, what was coming. The last twenty-four-hour media coverage had rendered it inevitable. Poor, browbeaten, dishevelled, unfairly maligned Judge Nolan was about to cave in to public pressure.
‘Thank you, both. I think, now, that it would be useful to hear from Dr Alves on a few, short and narrow points of information only. Let me know how soon she can be here. Let’s take a short break.’
* * *
Judith thumped down in her seat as Judge Nolan left the room and the public gallery began to empty. She stared into the void at the centre of the court room, where Laidlaw was talking animatedly. When he noticed Judith, he had the good grace to stiffen up and to exit, chattering to his team all the way.
35
‘Do you think Ben is being entirely straight with us?’ Constance asked Judith, as they headed back to court, after the short break.
‘Why do you ask?’ Judith said, still preoccupied by the recent exchange in court and the high price she had paid for a moment’s poor judgement.
‘Well…he never told me, at the beginning, that the argument with Rosie was about him, then he called me that Sunday – you remember, when we were in the café – to say it was “all his fault” and now, suddenly coming out with this stuff about Rosie going out the night before she died. I mean, it’s pretty key evidence and he kept it to himself till now. Why?’
Judith stepped back into a doorway, forcing herself to listen to Constance.
‘His mother has died and his father has been in prison ever since. Ellis says he had anxiety or depression or who knows what before, so he must be enormously distracted. Look, I don’t know why he’s feeding us things in dribs and drabs and there’s no point trying to second-guess. We’ll hear from him soon enough.’
‘Maybe we made a mistake with him, that’s all? Maybe he’s tricked us into thinking he’s this poor, defenceless thing, when he knows a lot more than he’s letting on. He goes to acting classes after all.’
‘And I thought you thought Debbie did it.’
‘That’s unfair. I’ve never said that. I just said I found her hard to read, to empathise with. I don’t think she did it.’
‘That’s a relief. Listen, perhaps I have been a little too blinkered with Ben, too ready to be sympathetic and accepting. But we have to focus on Debbie and what we need to do to defend her, and not go running off to follow up every new lead. And, yes, before you say anything else, which would only be what I deserve, I know I’ve been side-tracked myself, but that will change, from this moment on. And so, if I can get Ben to say something in that box, right now, that is going to help Debbie, that’s what I’m going to do. Anything else can wait till afterwards.’
Judith strode on ahead, leaving Constance in the corridor, alone with her thoughts.
Constance was about to follow, when she checked her watch. Judith could manage without her for a short while at least. She knew Judith was right about their priorities, but she sensed there were many gaping holes in their knowledge of Rosie Harper and that finding out where Rosie had gone, the night before she died, might allow her to fill at least some of them.
* * *
‘Ben, I know this must be a difficult experience for you, so I will do my best to keep it as short as possible. Please do your best to answer my questions loudly and clearly and do ask if you don’t understand anything. Is that clear?’
Ben was back in the witness box for the second time.
‘Yes.’
‘Were you and your mother close?’ Laidlaw began, and Judith gripped the sides of her lectern.
Ben nodded.
‘Can you speak up please?’
‘Yes,’ he said.
‘You must miss her terribly?’
Judith had heard Constance’s doubts about Ben’s motivation, but she still wanted to leap up and punch Laidlaw on the nose for a question which could only be designed to upset him to the maximum degree. Instead, she bit the inside of her lip and stayed silent.
‘I do…but it’s worse, because I haven’t had my dad around, either,’ Ben said, allowing his eyes to flicker over to Debbie, who smiled at him. Judith cheered quietly inside her head. Laidlaw coughed into his hand and moved on.
‘Were you in court when a recording was played of a 999 emergency call, made by your mother in February 2017?’
‘Yes.’ Ben’s voice wavered, but he bolstered himself by sitting up straighter and the next answer came out stronger.
‘Do you know why your mother called emergency services that night?’
‘No. I was asleep. I heard a noise. I think it was just Mum moving around and it woke me up. Then I heard her go into the bathroom and I heard her talking. That’s when I went to the door and asked if she was OK.’
‘And what did she say?’
‘She told me to go back to bed. She said she was fine. I kind of hovered outside the door, so then she came out and smiled at me and gave me a hug. Then I went back to bed.’
‘Was she hurt?’
‘No, but she had been crying.’
‘And where was Debbie during all of this?’
‘I don’t remember seeing Dad at the time. I thought he was probably in bed asleep too. Once he’s asleep, nothing wakes him.’
‘Did you wake up later on, when the police came?’
‘Yes. They asked Mum some questions, then Dad, then they left.’
‘Do you remember what they asked?’
‘Not really. I stayed upstairs and I was half asleep. It was just stuff like was Mum all right, had they had an argument, and she said she was fine and that she didn’t mean to call them.’
‘Did you speak to either of your parents afterwards, about the police visit?’
‘I asked Mum the next day why the police came and she said it was a mistake.’
‘A mistake?’
‘That’s what she said.’
‘Anything else?’
‘No.’
‘Can we move now to 17th June, the day of your mother’s murder. Where were you that afternoon?’
‘I was at school. I’d finished my exams and we had to go in for a day, to talk about sixth form. Then I went back to a friend’s house. When I got home, around 6, the police were there.’
‘Did you see your mum in the morning?’
‘No. She leaves early for work.’
‘Do you have any idea what she was planning to do that day?’
‘I know dad was coming over. I don’t know what else she had planned.’
‘Why was Debbie coming over?’
Ben took a deep breath.
‘To talk to Mum.’
‘Do you know what they were going to talk about?’
Ben struggled with his composure.
‘It was like Gran…Elaine said. I had this idea that I could leave school and go to acting classes or maybe to a college that taught performing arts, like Mum did. Mum wouldn’t listen, so I asked Dad… Debbie, to go and talk to her.’
‘You had asked your father, to intervene with your mother, on your behalf?’
‘Yes.’
‘Do you think it likely your parents would have argued about your future?’
‘I’m sure they would, but I don’t believe Dad would have ever hurt Mum. I mean, there’ve been lots of things over the years that they disagreed about, like most people. I bet you and your wife have different views about things, sometimes, don’t you?’
Laidlaw coughed again and took a moment to consult his instructing solicitor. Then he glanced at Judith. Then he sat down, mumbling, ‘Thank you, Ben. I have no further questions.’
* * *
‘I have just one thing to ask you, Ben. It’s just really to explain an answer you gave Mr Laidlaw a moment ago.’ Judith looked across at Debbie and then snatched a glance at Constance.
‘You were the one who asked your father to come over and talk to your mother, about what you plan to do next year?’ she said.
‘Yes.’
‘Was your father sympathetic to your request to take acting classes?’
‘I’m not sure. Debbie said she needed to talk to Mum first, to find out what she was worried about, but she did at least listen to me.’
‘Have you been feeling guilty that you were the one who asked your father to arrange the meeting?’
‘I feel awful about it.’ Ben’s lip trembled but he held it together. Judith took a deep breath.
‘Is that because you think your father might have hurt your mother after all?’
‘No! Never!’ Ben’s voice rang out loud and clear. ‘It’s just that it’s my fault she was there, at the house. If I hadn’t asked her to go, she’d never have been there in the first place. She’d have been at home or training, and the police would have actually tried to find the real killer.’
As Judith sat down and Ben was released, she turned around again to Constance. She wanted Constance’s acknowledgement that Ben had been good for them, for Debbie, that there was nothing in his session likely to provoke a public backlash. But Constance had still not returned and Judith had to be content with her own assessment of her performance, which was never going to be anything but partisan.
* * *
As the session ended, Judge Nolan called the lawyers to her room. She was drinking a large glass of orange juice; she didn’t offer either of them a drink or a seat.
‘Mr Laidlaw, Ms Burton. I’m wondering. Were either of you proposing to re-call Chief Inspector Dawson?’
Laidlaw and Judith exchanged sidelong glances, neither wanting to speak first. In the end, Judith broke the ice.
‘I wasn’t intending to,’ she said.
‘Neither was I, your honour,’ Laidlaw added, clasping his hands behind his back, tipping his weight forwards onto the balls of his feet.
‘I am very surprised by that decision,’ Judge Nolan said.
‘Is there something that you feel needs further clarification?’ Laidlaw ventured, after a few seconds without any follow-on from the judge.
‘It’s all over the papers. This “conspiracy theory” about the glove.’
‘Oh that! Yes. I have read that.’
‘Ms Burton. I’m surprised you’re not with me on this one; you were the one who planted the seed, when you drew attention to the crime scene photographs. Don’t you want to know what the inspector has to say about all of this?’
‘No, thank you, your honour.’
Judge Nolan watched each of them and no one spoke.
‘Well I want him back in court tomorrow,’ she said, ‘and I want you to ask him again about the glove. And if neither of you is prepared to do that, then I will do it myself. The court cannot allow these rumours to persist. The glove is a key piece of evidence, perhaps the only tangible piece of evidence linking Debbie Mallard to the murder. We have to get to the bottom of whether it was there, when those two police officers entered via the front door.’
‘Perhaps Chief Inspector Dawson won’t know the answer.’ Laidlaw ventured.
‘We won’t know until we ask him, will we? And Miss Burton, please stop playing to the cameras.’
‘I’m sorry, your honour. I wasn’t aware…’
‘Yesterday, with Elaine Harper, you insisted on making a stand for your client’s right to be called “Debbie”, which is featuring in all the major newspapers and appears to have earned you a small but vociferous fan club.’
‘Well, I…’
‘Today, your colloquial language and overbearing manner, when you objected to Mr Laidlaw’s line of questioning…’
‘They were extremely personal questions, your honour.’
‘Nevertheless, there was a reason for them. And you over-reacted, no doubt, in the hope that it would make headlines again. I’m not having it. You both need to stay focused on what’s going on in the court room, not what others might say about it. I’m expecting Inspector Dawson back tomorrow then.’
* * *
‘Oh God!’ Judith muttered, as she and Laidlaw walked side by side away from the judge’s rooms.
‘I dislike it as much as you do,’ Laidlaw replied, biting at his bottom lip. ‘The irony of it all. She calls you out for performing to the cameras, but this thing with Dawson, she’s only doing it for the audience.’
‘You were happy to accept it when it suited you?’
‘How do you mean?’
‘The expert on…hormones! It’s the most preposterous thing I’ve ever heard. And you know it. And you know you were lucky. If the media hadn’t rounded on her last night, she would have stuck to the rules.’
‘You would have done the same, if it was the other way around.’
‘No, not on that one. It’s a travesty. What are you trying to do? Single-handedly orchestrate a national transgender hate campaign?’
‘I take grave exception to that comment. I’m trying to prosecute this case safely and effectively. You were the one who suggested that domestic violence victims called the police for no reason.’
Judith folded her arms. Laidlaw did the same.
‘All right. I accept that probably wasn’t my best moment,’ she said.
Laidlaw shrugged. ‘I don’t think it’s just the press coverage; the TV and papers. Someone must have leaned on Bridget this time,’ he said, ‘maybe someone senior in the police or the CPS, to give Dawson a chance to have his say.’
‘Or the opposite. As she keeps reminding us, “the world is watching”.’
Laidlaw laughed and Judith, reluctantly, joined him.
‘You know him a little, Inspector Dawson?’ Laidlaw said.
‘Yes.’
‘Do you think he planted the glove?’
‘I don’t know. My gut says absolutely not, he’s a sound policeman without too much of an agenda, but we have an obligation to check it out. Do you know what happened this morning with Leo?’
‘She bottled it.’
‘She what?’
‘He was expecting to be hauled over the coals after the Caroline Fleming debacle, told to rein the papers in, threatened with contempt of court, all of that. But, apparently, she went easy on him. Told him that it was his responsibility to advise his clients and that she expected him to do so sensibly. And that was it.’
‘They scared her off then.’
‘I always thought they made her a judge too early.’
Judith opened her mouth to respond, but then thought better of it.
‘I…appreciate that you went out of your way to go gently with Ben Harper. Thank you for that,’ she said.
‘And you didn’t with Mrs Harper. Thank you for that.’
Judith smiled again.
‘Do you ever get the feeling you’re too old for this business?’ Laidlaw said.
‘I’m the one they’re calling a veteran,’ Judith said. ‘But, yes. I’m not sure transparent justice is all it’s cracked up to be.’
* * *
