Beyond Innocence (23 page)

Again Jerome looked straight at his man and said, “that may well be, but what if the judge views this action as a means for you to be rid of your long-suffering wife, rather than go through with your divorce action? Also, remember this, if you were divorced, then this course of action would not be open to you would it?” As Jerome anticipated, the question hit home hard and he noticed the immediate change in his client’s facial expression and posture.

At first Timothy merely nodded, as he studied the implications of the last question, then, in a rather abrupt but assertive manner, he issued his instructions as follows, “I don’t think I have much choice, because it’s quite possible my wife could die at any moment. In which case my position would be unchanged. Secondly, I could have the support systems switched off which leaves me in exactly the same position. Or I can sit back, let my wife suffer in her silent world, secure in the knowledge that, if the positions were reversed, my wife would be doing everything possible to relieve me from misery and any pain and suffering. On the whole, I don’t think I have a great deal of choice and I reckon I should take my chances and go for it. If, for any reason it doesn’t come off, then I shall have to review the divorce procedure again.”

Jerome Jerome finished the notes he’d been scribbling which contained his client’s wishes, and the interview concluded.

The discovery of the body of Bridget Riley amongst the sand hills at Ainsdale beach made the headlines in all the national press. Following the discovery it soon became known that it was the body of Bridget Riley, the prostitute who had given evidence for the crown in the double murder trial involving Harry Thompson at Liverpool not so long ago. Once it became known she had been killed with a blow to the head, probably caused by a hammer or a similar heavy instrument, the speculation that she had been killed by a pathological maniac with a hatred of prostitutes, started in earnest. Naturally, this in turn conjured up visions of the Yorkshire ripper, and whilst the police appealed for the public to remain calm, nevertheless, there was a lot of disquiet amongst those other girls similarly engaged in the profession.

The news was particularly distressing for Theresa O’Rourke although she did stick to her promise to keep in touch with Michael Mulrooney.

For Timothy Harris, time simply flew because of his involvement with so many things. He had attended the inquest on his son’s death where the coroner had recorded an open verdict following the medical evidence which concluded that death had occurred as the result of a drug overdose, probably caused by a combination of the drugs he had injected and the use of another drug called Roacutane. This latter drug had been prescribed by his own doctor for the treatment of a chronic acne condition. At the time, the hearing made banner headlines in the press but as Timothy Harris was keeping as low a profile as possible, the press soon had to find something else to target. In addition, the dropping of his divorce action aroused so little interest it wasn’t worth bothering about. Gradually, he set about socialising a little more frequently whilst looking forward each day to some news about the court action to switch off his wife’s support system.

Following her meeting with Michael Mulrooney, Irene Yarwood had arranged a hurried meeting with Harry Thompson at Strangeways prison. She was ushered straight into the sparsely furnished ward where he was still being kept under medical observation.

Harry broke the ice saying, “hello I wasn’t expecting to see you and noting the expression on her face, added, “I can see something’s bothering you so, I think you’d better get it off your chest then, hadn’t you?”

Irene nodded and said, “Listen very carefully now to what I have to say, and think very carefully before you answer any questions. Before we go further, let me tell you that I don’t want any bullshit, just the plain honest truth, no matter how bad it is, or how much it hurts. In one week’s time, we are due in court to try to overturn the Clarkson verdict. This appeal started off quite badly at first as we were not able to get this appeal heard on its own. Then, we managed to find a witness who was prepared to testify she had been asked to give false evidence at your trial, and we were able to follow this up by getting Bridget Riley to admit she gave false evidence concerning the watch you found. In addition, we also had the prospect of Royston Chambers admitting your confession was nothing more than a figment of his own imagination. With all of this, can you possibly imagine how we felt knowing full well that it would be almost impossible to lose? Whilst she was talking she noted, with interest, the look of astonishment on his face. It was as if he couldn’t believe that, finally, his luck might be changing. However the smile on his face soon disappeared as she continued, “unfortunately however, it was too good to last, because somebody threw a spanner in the works and Bridget Riley disappeared. Although we thought we could cope with that, we now know that she has been murdered, and that’s something we were not in the least prepared for, neither for one moment, did we reckon on anything like this.”

She paused for a while in order to take out the latest forensic report, then she proceeded to spit the words out with increasing venom and animosity. “This is a forensic report of a DNA test, carried out on semen stains removed from the clothing of Angela Clarkson and Diane Wilson. According to the expert who carried out those tests, this DNA matches yours. I need hardly tell you, Harry, even if Chambers agrees to testify, no judge in his right mind will believe him now.”

She saw the colour drain from his face. She noticed with interest the change in his facial expression, together with his whole body language. To her eyes this was unreal. Here she was, watching him going into a state of shock with disbelief at what she was saying, and again, she found herself thinking if this is an act, then without doubt he should be on the stage. She brought herself back to reality in an instant snapping at him. “you told me that you had never been near this girl let alone with her, but this proves otherwise. Harry, can’t you see, once this evidence is presented in court it’s all over! The whole case is compromised, you are as good as finished. So now, let’s concentrate on the job in hand. We will start with you telling me right from the start all about your involvement with this girl.”

Harry Thompson sat there, silent for a moment, whilst he searched for the right words to say. He had thought, after the guilty verdicts in the trial that nothing else could happen to him and that one day, he might escape from this nightmare. He stared straight at her, looking into her cold blue eyes, before speaking, “Miss Yarwood, both during and since my trial I have the utmost admiration for you yourself, and the team you have built around you to assist in my defence. However, I’m as mystified as you are concerning this latest evidence. I’ve told everybody who will listen that I never met the girl, I had never seen the girl, let alone been with her, so how the hell my DNA came to be mixed up in all of this I haven’t got a bloody clue. All I can say is, for some reason, the police must have planted it there.”

She was onto him in a flash, “No Harry, that won’t do. Why on earth should the police plant this evidence on the clothing of the dead woman when, at the time concerned, they must have known there would be no chance of it being used because, the forensic tests were not available then? If, as you say, and I must confess I can hardly believe you, you never saw the girl, would you admit to seeing her when she was dead, and would you also admit to carrying out some form of necrophilia with her body before the alarm was raised?”

Irene thought she had seen it all with this client, but she was horribly mistaken. Once again she saw the changes taking place within his face and body. There was true hatred and venom in his eyes now as he shouted, “What on earth are you saying? Do you realise that you are now accusing me of having some form of sexual relations with a corpse? Do you really think I am that sick? Do you honestly believe that I could sink that low? Because if you do then I no longer want you to act for me, so we might as well forget all about the appeals now. I’ll just quietly pass away the next twenty years and pick up my life when I get out.”

Once again, Irene could understand his anger and she could actually feel for him in a sad way, but she still had a job to do and by God she was going to do it. “Harry, she said sympathetically, lowering the tone of her voice, “Believe me, I know it’s hard for you but you must look at this from my point of view. With this new evidence, the crown are going to rip you to shreds and there’s got to be some logical explanation as to how your sample got there. What I said just now offers one such explanation, however unlikely it may be? Once we get into court, the only chance you have is if the judge refuses to allow the crown to admit this new test as evidence. This is why I’m clutching at straws, because if he doesn’t then as far as your defence goes, necrophilia in some form or other may be your last chance.”

Once again he glared defiantly at her before saying, “Well I can assure you truthfully and honestly I didn’t leave that sample there so you will just have to face up to the fact that the police themselves must have manipulated it, just as they manipulated the confession. If you can’t get at the truth exploring those avenues, then I can only suggest you do as you suggested yourself. Get the judge to refuse to admit the test as evidence. Still seething he continued, “why don’t you look at it from my point of view and just for once consider the treatment I’m going to receive from the press when it becomes public knowledge that, not only have I obtained my release on a technicality, now you want to rub salt in the wound by getting me to admit I’ve been shagging a corpse.”

With that he turned his back on her to indicate that the interview was over.

Peter Ravenscroft sat facing Royston Chambers. He was here to advise his client on his next move. He took off his glasses as he began, “Well Roy, I think it is very decent of this copper, isn’t it? Coming along, after all this time, now he’s telling you he’s not going to help you get your time inside reduced. Well, I’d be sorely tempted to ask him where the hell he was first time round, because if he’d turned up as promised, you wouldn’t be in this predicament would you? He noted the look on his client’s face as he carried on, “there’s no doubt in my mind, Roy, if he does as he says this time, you’ll almost certainly lose your appeal, because if this evidence is produced in this other case, and it does nail Thompson to the floor, then whatever you say afterwards won’t carry any weight. However, before we kick the ball into touch, let’s consider this. This copper doesn’t need you, and what’s more there’s no logical reason for him to help you now. At least that’s what he’s saying but he’s forgetting one thing. Just suppose this new evidence is flawed, or not admitted, then you come along with your story about being forced into giving false evidence, then you stand every chance of getting away with it. Royston Chambers sat silently for a minute. He even pretended not to hear when his barrister whispered, “of course, that’s assuming that the confession wasn’t genuine but only you know that don’t you, Roy?”

A thin smile pursed the prisoner’s lips as he answered, “at the moment the question of the confession doesn’t come into things. The only thing I’m interested in is getting out of here in the shortest possible time, and this is a definite possibility. The only other thing that bothers me is if I go along with this and I don’t get my bird reduced, then, it’s all for sweet FA. I don’t care what you believe, I think this fellow West is after something, or he’s cooking something up. As you said earlier, why wait all this time before coming forward? To me, something stinks, and at the end of the day I smell even more trouble for myself. So, Mr. legal eagle, advise me on this. Suppose, just suppose, you tell this pillock West, I’m quite prepared to do my time without causing any trouble for anyone, then, when Thompson’s appeal is heard, I give evidence at that hearing and take my chances afterwards.”

“Yes I can see your point and I quite understand your dilemma,” replied the lawyer, “if you get involved with this bent copper again you’ll never be free of him, or his ilk. If you do as you suggest, you’re still left with a chance after the Thompson appeal. So really, you aren’t going to be any worse off. At best now you’ll be inside for at least another two or three years, assuming good behaviour. This appeal business might be settled within the next month or so, in which case, your appeal could follow some time afterwards. With these last few words on the subject, Royston Chambers went back to his cell hoping that this time he had backed the right horse.

Irene and the defence team were seated in the appeal court waiting for the case to begin. Also present were the Crown Prosecution team led, once again, by Sir Gordon Nuttall-Jones. As their lordships took their seats, the noise of the pleasantries between the parties died down and it was time for Irene to open the case for the defence.

“Your Lordships, we are here today to consider the appeal of Harry Thomson against his conviction for the murders of Angela Clarkson, and Diane Wilson. It is the contention of the defence that this man has been convicted on the flimsiest circumstantial evidence ever brought before any court in the land. Throughout the trial, my client always maintained he had never ever seen Angela Clarkson in his life and during the trial the prosecution could not produce one person or one shred of evidence linking the two of them.”

“Since the conviction, we have uncovered new evidence that Bridget Riley, one of the main witnesses for the crown, gave false evidence, and you will see before you, her sworn oath that she gave this false evidence under duress and extreme pressure from somebody within the Merseyside Police.”

At this moment she was interrupted by the presiding judge, His Honour Lord Chief Justice Stanhope, who asked brusquely and incredulously, “Are you asking this court to believe that somebody in the Merseyside Police Force actually coerced this young lady into going into the witness box in a murder trial, and that she subsequently perjured herself? Young lady, I must warn you that this is an allegation of the most serious kind, and you are going to find yourself in the most serious trouble if you cannot substantiate those remarks.” He had now completed his admonishment, and after conferring with his two learned colleagues, he motioned to her to continue.

Although a little more nervous, Irene continued, “The defence had hoped to bring this lady into court today, but I regret to advise you this will not be possible because she has been murdered. However your lordships will find, on page three of the bundle, an affidavit sworn on oath to this effect. Once again, she was interrupted by Justice Stanhope whose annoyance was now evident to the whole court, “Miss Yarwood are you now telling this court that you are not in a position to substantiate this charge directly, and we will only have the sworn statement of a murdered prostitute to rely on?”

Irene didn’t give him time to continue. She instantly remembered the rebuke she had received in the original trial concerning the admission of the confession by the convicted felon Chambers, and from the position so far she could see she was going to be in for a very rough ride indeed. Therefore, it was a case of straight in with both feet and all guns blazing.

“Your honour, I would respectfully remind you that, up until the demise of this young lady, she was prepared to come here today and give this evidence before you. Whatever she did to earn a living is no concern of mine, or this court. Just because she was a prostitute, that doesn’t mean her evidence would be any less credible, or believable than, say a bus driver, a convicted felon, or even a high court judge.” She knew, from the reaction on the faces of the judges, the remark had hit home with a dramatic and telling effect. She also knew she couldn’t expect any sympathy from anybody in this court, and from this moment, she would be in for a very torrid time indeed.

As she anticipated and, as expected, the gavel came down with an enormous crash. Everybody could see Lord Stanhope was absolutely beside himself with rage as he ordered her to approach the bench. He leaned forward as far as he could, in order to get as close as he could to this young upstart, who had just insulted him and his learned colleagues, in his own court of appeal.

He didn’t just shout at the small figure beneath him, his voice all but erupted, such was the severity of his rage, and his whole body literally shook, “Before I report you to the bar council to be struck off, young lady, I should like to know what on earth you think you are playing at? You cannot come into this court telling me and my learned colleagues, how to conduct ourselves, and I hope you realise I can have you, and your client’s appeal, thrown out immediately, as well as having you charged with contempt.”

If the judge thought this would weaken the resolve of the defence, then he didn’t know Irene Yarwood. Before her now she saw, not a high court judge but a pompous ass so used to bullying and browbeating people, and so accustomed to getting his own way that she was prepared to sacrifice her entire career rather than back down now. She took a deep breath and replied calmly and quietly, “Your honour, I respectfully beg to differ. I can assure you that it wasn’t my intention to cause any offence to you, or any of your colleagues. In addition, I am extremely mindful of the fact that I have an appeal to conduct and I am trying to do this in a manner which ensures I represent my client to the best of my ability. If I could draw the attention of this court to page 56 of the bundle, I will quote from the transcript of the records from the original trial. As you will see, I had objected to the submission of a confession by the witness Chambers on the grounds that he was a convicted felon. I would like to point out my objection was overruled by no less a person than his worship Lord Chief Justice Ewing who said, and I quote, ‘whether or not Chambers was a convicted felon did not matter one iota. Although he was certainly a dubious character. Nevertheless, as he hadn’t been charged with, or convicted of, perjury in the past, it was up to the jury whether or not they believed him.’

“Therefore, all I am trying to say is, whatever the occupation of Bridget Riley, she was still entitled to come here to give evidence before you. If my choice of words offended you when I mentioned high court judges, I apologise most humbly and I can assure you no disrespect was intended. In this case here, I’m sure you will appreciate I was merely trying to illustrate the point made to me by His Worship, Lord Chief Justice Ewing.”

The effect of this speech was certainly not lost on Lord Chief Justice Stanhope. He grudgingly conceded that proceedings should continue and, as directed by him, Irene began again.

“As well as the sworn statement, we will also be introducing confirmation of police coercion by way of another witness. This witness was also asked to give false evidence at the murder trial. Fortunately, for herself, she refused to testify.”

Again Lord Stanhope leaned across his desk to enquire whether this evidence would be corroborated to which she replied, “no your honour, we will only have her word on oath.” Then, as an afterthought, which clearly brought out the devil in her, she added tongue in cheek, “she is here to be questioned about her evidence but, she is a prostitute.”

Irene was most relieved to see the briefest of smiles cross the face of Lord Stanhope as he said, “Point taken Miss Yarwood. Please continue.”

“I must now draw your attention to the alleged confession which my client strongly denied making throughout the previous proceedings. Without any pressure being brought to bear, and without offering him any inducements, we are going to bring Royston Chambers before you in order that you may hear, for yourselves, his total retraction of that evidence, which was so crucial in obtaining the conviction of my client. Mr. Chambers is well aware that, by coming here today and giving this evidence, he might end up facing charges of perjury and he also could, if found guilty, end up serving an additional term of imprisonment. In this instance, when Chambers is giving that evidence, I will respectfully ask for the court to take into account the fact that at the time he was also being threatened by the Merseyside Police.”

Once more, Lord Stanhope halted proceedings whilst he consulted his two colleagues before saying, “Miss Yarwood, these really are the most worrying and disturbing allegations you are making. And, my colleagues and I will insist that you must be able to offer something in the way of backing up these claims. We find it almost inconceivable that the Merseyside Police, in fact any police force, would act in this manner.”

Irene responded firmly saying if she could show, and quite clearly she could, that three completely independent people were prepared to come forward to testify, surely that should be sufficient corroboration to make a balanced judgement, not forgetting that one of those persons could face further charges. She had left the most difficult part until the last, and now she couldn’t delay any longer her comments concerning the new forensic reports,

She allowed herself a sip of water before continuing, “We will also be presenting our own forensic expert to give his views on the new evidence to be introduced by the crown. No doubt the prosecution will lay this before you very shortly. However, before this evidence is heard, I would like your lordships to rule upon whether, or not, this is admissible because the prosecution are on record as saying in the original trial there was no DNA evidence in the Clarkson case. As an afterthought she added, “on page 37 of the bundle you will find the comments on this subject, made by your very learned and able colleague. Lord Chief Justice Ewing, when he took me to task on this very issue. Once again, Lord Stanhope permitted himself a faint smile as he whispered, “there’s that man again.” Irene herself smiled at this rare moment of humour in proceedings before sitting down and at the same time informing the court that was the case for the defence.

Sir Gordon Nuttall-Jones wasted no time at all. Once upon his feet he proclaimed, “Your Lordships, the case for the prosecution is simple. First of all, you have the transcript of the original trial, and upon the evidence contained therein Thompson was quite correctly convicted. Since that conviction, and just prior to this appeal being granted, there was another leap forward in the field of forensic medicine. This meant experts were now able to test samples taken from clothing and match them with samples obtained from suspects. In this case, the killer left traces of semen on the clothing of the dead women but this could not be used in evidence as the technique for lifting DNA profiles from clothing had not been perfected. Well, now it has, and all I can say is this, if we had been able to use this evidence during the original trial, then I doubt very much that we would be here today. We will be able to show your Lordships that this evidence is conclusive, and all the tests were carried out properly. We have again asked the forensic scientist, Professor Guy Whittingham, to be present for examination of this new evidence, and he will be able to explain everything to your complete satisfaction. Earlier you heard my learned opponent asking you to reject this evidence. I would respectfully suggest you ignore that plea because the results of the tests are so compelling, it is just as though Thompson had confessed to the crime himself. I am equally sure, once you have listened to the evidence, you will remain as convinced as before that the correct person has been convicted, and society in general feels a lot safer with him behind bars. I am also convinced, when you come to reach your conclusions, you will put behind you all this ridiculous talk you have heard concerning the conduct of certain members of the Merseyside Police force. They did a magnificent job in hunting down this most vicious killer. In my book, it goes without saying the two principal officers deserve commendations for their efforts in bringing Thompson to justice. My lords, I leave matters in your hands, and await your decision regarding the admission of the forensic evidence.”

The three robed figures withdrew to make their deliberations and also to recess for lunch.

Across London, in another court, Timothy Harris sat with his legal team. They were attending a high court hearing to determine whether, or not, the life support systems keeping Paula Harris alive could be switched off. During the morning’s proceedings, Timothy had kept in the background leaving his legal team to do all the work, and so far everything appeared to be going to plan. His barrister Jerome Jerome had spent the best part of the morning explaining to the judge that Mrs. Harris was totally blind, completely deaf, unable to move a muscle, and quite incapable of any bodily movement. As a result he argued it was fair to say the poor woman was only alive thanks to the working of the life support system. In addition, as her husband Timothy Harris was her only known, and closest relative, the decision to terminate her life could only be taken by him. Jerome assured the judge they had considered this case from every angle possible, but with no prospect of a return to anything like a normal life, it was now considered to be in the best interests of the patient to take this step.”

The defence team, aided by Peter Woods the consultant in charge, had stoutly resisted all the arguments. They had insisted that more time was all the patient needed, although they did reluctantly conclude they couldn’t hazard a guess as to how much time might be needed, and how long Mrs. Harris might remain in this state.

All eyes were now centred on the judge as the court reconvened after lunch and he began, “This is indeed a sad case. A very sad case indeed and may I also point out, it is also one which cannot be taken lightly. For the taking of another person’s life is a very, very serious business indeed. I must be very honest with you all, I find the prospect quite daunting but, even so, I am going to find for the plaintiff Mr. Harris. Although I do not know the gentleman, nevertheless, I understand he has had rather a hard time of it recently, that is if one believes some of the things which are published in the press, and taking into consideration the fact that his name has been within the public’s eye on a number of occasions recently.”

“Although deserving of sympathy, that is not the reason for my judgement in his favour. I have reached this difficult decision by taking into account the fact that the defendants have been very honest and open about the true state of the health of this unfortunate woman, and they are unable to give any estimate of if or when she might be expected to improve.

Court observers now noticed a distinct change in his tone of voice as he continued, “However, I am bound to say that in the belief that sometimes miracles do happen I’m quite prepared to delay the implementation of my decision for twenty-eight days. If, during that period of time, there has been no recognisable improvement in the condition of the patient, then the support systems may be switched off.”