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"Why don't you go and see them?" Da
Alex had explained why that wasn't possible, and went on to point out that even if he bumped into one of them socially he could be forced to withdraw from the case, or face a charge of unprofessional conduct.
"Couldn't you send someone else in your place, and have them get hold of the evidence we need, the way Big Al did?"
"No," said Alex firmly. "If such an action were traced back to me, you'd be looking for a new barrister and I'd be looking for another job."
"What about the barman?" Da
Alex told him that they'd already carried out a background check on Reg Jackson, the barman of the Dunlop Arms, to find out if he had any previous convictions.
"And?"
"Nothing," said Alex. "He's been arrested twice in the past five years for handling stolen goods, but the police didn't have enough evidence to be sure of a conviction, so the charges were dropped."
"What about Beth?" Da
"No," replied Alex. "The judges will have read her written testimony as well as the transcript of the trial and they're not interested in repeat performances." He also warned Da
"What about Big Al?"
Alex told him that he had considered calling Albert Cra
"But he's a loyal friend," said Da
"With a criminal record."
As ten o'clock struck, the three judges trooped into the courtroom. The court officials rose, bowed to their lordships and then waited for them to take their places on the bench. To Da
Alex Redmayne placed a file on a small lectern in front of him. He had explained to Da
Once the court had settled, the senior judge, Lord Justice Browne, invited Mr. Redmayne to begin his summation.
Alex opened by reminding the court of the background to the case, trying once again to sow doubt in their lordships' minds, but from the looks on their faces he clearly wasn't making much of an impression. In fact, Lord Justice Browne interrupted him on more than one occasion to inquire if there was going to be any new evidence presented in this case, as he stressed that all three judges had studied the court transcripts of the original trial.
After an hour, Alex finally gave in. "Be assured, m'lord, that I do indeed intend to present important new evidence for your consideration."
"Be assured, Mr. Redmayne, that we are looking forward to hearing it," was Lord Justice Browne's response.
Alex steadied himself and turned another page of his file. "My lords, I am in possession of a tape recording that I should like you to consider. It is a conversation with a Mr. Toby Mortimer, a fellow Musketeer who was present at the Dunlop Arms on the night in question, but was unable to give evidence at the original trial as he was indisposed." Da
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"Will Mr Mortimer be appearing as a witness?" he asked.
"No, m'lord, but the tape will show-"
"Why will he not be appearing before us, Mr. Redmayne? Is he still indisposed?"
"Unfortunately, m'lord, he died quite recently."
"May I inquire what was the cause of death?"
Alex cursed. He knew that Lord Justice Browne was well aware of the reason Mortimer couldn't be in court, but was making sure that every detail was on the record. "He committed suicide, m'lord, after taking an overdose of heroin."
"Was he a registered heroin addict?" continued Lord Justice Browne relentlessly.
"Yes, m'lord, but fortunately this recording was made during a period of remission."
"No doubt a doctor will appear before us to confirm this?"
"Unfortunately not, m'lord."
"Am I to understand that a doctor was not present when the tape recording was made?"
"Yes, m'lord."
"I see. And where was the tape recording made?"
"In Belmarsh prison, m'lord."
"Were you present at the time?"
"No, m'lord."
"Perhaps an officer of the prison was on hand to witness the circumstances in which this tape recording was made?"
"No, m'lord."
"Then I am curious to know, Mr. Redmayne, exactly who was present on the occasion."
"A Mr. Albert Cra
"And if he is not a doctor or a member of the prison staff, what was his position at the time?"
"He is a prisoner."
"Is he, indeed? I am bound to ask, Mr. Redmayne, if you have any proof that this recording was made without Mr. Mortimer being coerced or threatened."
Alex hesitated. "No, m'lord. But I'm confident that you will be able to make such a judgment concerning Mr. Mortimer's state of mind once you have listened to the tape."
"But how can we be sure that Mr. Cra
"As I have suggested, m'lord, you might feel better able to form an opinion once you have heard the tape."
"Allow me a moment to consult with my colleagues, Mr. Redmayne."
Once again the three judges whispered among themselves.
After a short time, Lord Justice Browne turned his attention back to defense counsel. "Mr. Redmayne, we are all of the opinion that we ca
"But, my lord, may I refer you to a recent European Commission directive-"
"European directives do not yet constitute law in my court," said Lord Justice Browne, but quickly corrected himself, "-in this country. Let me warn you that if the contents of this tape were ever to become public, I would be obliged to refer the matter to the CPS."