Heaven's Door (20 page)

“Just a pair of shorts.”

“Shorts?”

“Boxer shorts.”

“Boxer shorts. And when you gained entry to the defendant's bedroom, what was he wearing then?”

“The same.”

“So he had clearly
not
been getting dressed?”

“Clearly.”

“So, what had he been doing?”

“He had removed some magazines from the bottom of his wardrobe and was putting them into a holdall. When I asked why he was doing that he said he was just tidying up…”

“Even though the magazines were
inside
the wardrobe.” Jeremy turned to the jury as he spoke to emphasise the point. “Detective Inspector, did the defendant at any time change his story about why he was moving the magazines?”

“Yes, on being questioned later he said he simply didn't want the police to find them.”

“Thank you. Please continue.”

“The dog started pawing at the remaining mags in the bottom of the wardrobe. That is when I asked the family to leave the room and brought in the forensic team. We moved the rest of the magazines out of the wardrobe and removed the base panel. Under the panel we found forty-eight bags of a substance which was later confirmed as crack cocaine.”

“And please tell the court, Detective Inspector, what else you found in the room.”

“Under the panel in the wardrobe next to where the drugs had been hidden, we found a mobile phone and some surgical gloves.”

“And were you able to establish a connection between the phone and the drugs?”

“I had with me the two numbers we had been given by the people who had contacted the police, so I used my phone to call both numbers. The first call was answered by DI Waters using a phone he had found with the drugs at the Midanda's house. I called the second number but with no response. However, it was later shown to be the number of the phone we had found at Etherington Place.”

“Just so there is no confusion, could you explain why your second call was not picked up.”

“Yes, it appears the phone had been left switched on and the battery had fully discharged.”

“Thank you, Detective Inspector.”

Jeremy turned to the jury again, this time with an exaggerated shrug of the shoulders as if to ask if they needed any more convincing.

The counsel for the Defence rose slowly from her seat and smiled warmly at the witness.

“Detective Inspector, in your opinion, when you attended the house that morning, did the defendant's behaviour suggest …”

Jeremy was quickly back on his feet. “M'lord, we are here to consider the facts, and one person's opinion will add nothing to …”

“I would point out, m'lord,” Lorna interrupted, “that Ms Cottrell has had ten years experience as a detective, the last two-and-a-half at inspector level. Not wishing to embarrass her, she has also recently been identified among the ranks of her peer group as exceptional in her job, resulting in her current assignment to Guildford. I cannot imagine that she has achieved all this without her expressing along the way
opinions of great value
to the course of criminal investigation and, ultimately, justice. And I am surprised,” she added, “that the learned counsel should be so dismissive of one of his own key witnesses.”

Miles Pendle could hardly suppress a smile at her last remark, as the chastened gentleman sat down with an apologetic look to Jo. “Please put your question, Ms Prentiss.”

“Thank you, m'lord. Detective Inspector Cottrell, when you attended the house that morning the drugs were – clearly – already concealed in Jack Tomlinson-Brown's room. There is no question of that; we do not dispute it. Our contention – as you are aware – is that he did not
know
they were there.

“When, soon after arriving,” she went on, “you gained access to his room, Jack would have realised –
if
he had known they were there – that he was minutes away from being arrested for an extremely serious offence.
In your opinion,
was his behaviour consistent with someone in that situation?”

“No, it was not.”

“So, in your opinion, he did not know they were there?”

“His
behaviour
suggested he didn't know.”

“Isn't that the same thing, Detective Inspector? What I think you're saying is …”

“I think, Ms Prentiss,” the judge interrupted, “the Detective Inspector has answered your question. You asked for her opinion regarding the defendant's behaviour. I paraphrase – ‘was this normal behaviour for someone on the point of being exposed as a serious offender?' Answer; ‘no, it wasn't'. That is clear enough. It is for the jury to decide whether that indicator is significant when considered along with everything else. I do not think you need to embellish the point by trying to draw any further conclusions from this witness.”

“Thank you, m'lord. In which case may I please ask again my penultimate question, which you seemed happy for the witness to answer, so I can ensure I have not inadvertently confused the court?”

The judge nodded, with a degree of impatience.

“Detective Inspector, in your opinion and experience, was the defendant's behaviour consistent with someone who knew he was about to be arrested for a very serious crime?”

“No it was not,” said Jo.

“Thank you. No further questions.”

Jeremy Forsythe sprang to his feet.

“If it pleases, your honour, just two further questions to the Detective Inspector.”

The judge sighed his assent.

“DI Cottrell, in order to leave no doubt in the jury's mind that I
do
value your opinion,” he beamed at Jo and then the jury, “could you answer me this? You told the court how the defendant, Mr Tomlinson-Brown, claimed his hurried clean-up operation behind his locked door was because he was concerned that you would discover certain magazines in his possession. Would you say these publications were in any way extreme in their content, in terms of the level of pornography, I mean? Any disturbing images, for example?”

“No, they were relatively mild.”

“
Very
mild, I would say, Detective Inspector. Now,
in your opinion
, is it likely that a highly intelligent young man of nearly twenty years could seriously believe the police would raid the Home Secretary's house at five in the morning to confiscate some lads' mags?”

Jo hesitated before replying. “I would have to say that it is
un
likely, although it would explain why he seemed surprised that …”

“You would say it is
un
likely that he would believe that,” the Prosecutor interrupted. “Thank you, Detective Inspector. No further questions, m'lord.”

Jo stepped down from the stand, glancing briefly towards Jack as she left the courtroom. Jeremy turned to the Judge.

“I would like to recall Detective Inspector Harry Waters to the stand, m'lord.”

*

“Under-Secretary Harding to see you, sir.”

“Send him in, please, Kim.”

Jonathan Latiffe stood to receive his visitor and leaned across his desk to shake his hand. The Minister of Justice was a huge man, six-foot-three inches tall with broad shoulders and a significant girth. A native Black South African of forty-five years, his tight curls had started to turn grey along with his neatly-trimmed full beard, adding a distinguished element to his impressive bulk. His eyes were deep blue and twinkled with life.

“Lawrence, do sit down,” he said.

His visitor seated himself on one of the wing chairs in front of the large oak desk with its green leather inlaid top as Jonathan settled back in his own chair. Kim Lacey, Jonathan's PA, entered the office with a silver tray on which was a cafetiere, cups, saucers, milk and sugar. She placed it on the desk.

“Shall I …?” She looked at Jonathan.

“No, that's okay, Kim, thank you. We'll help ourselves.”

She left the room, quietly closing the door behind her.

“So, did they make it?”

“Yes,” said Lawrence, “just about. The rail tracks were fixed well in advance, but they had a complete rethink on the plumbing, and especially the toilet facilities. They finished the day before yesterday – full testing yesterday and sailed today. So it was a little bit too close for comfort.”

“So what have they done about the toilet problem?”

“Replaced the lot with sealed units and automatic flushes, so nothing can be moved now. They've also adapted the water supply to the cabins so that each individual one can be isolated remotely. I have to say, they've done a brilliant job in the time available.”

“And the next lot after this. Remind me when they go,” said Jonathan, pouring the coffee.

“Six weeks from now. Thursday 2
^nd
July.”

“Okay. Stay close to Nicholson, Lawrence. Useful to have direct access one-to-one. Sugar?”

*

“Detective Inspector Waters,” said Lorna, “you have told the court in great detail how the raid on the Midandas' house was carried out on the morning of the 14
^th
of April. Can you now describe Mr Midanda's
behaviour
during the course of the raid?”

“He was clearly shaken and worried,” said DI Waters, “as you'd expect under the circumstances.”

“Meaning what, exactly,” asked Lorna. “What ‘circumstances'?”

“Well …” the detective hesitated, looking confused. “Being put on the spot, I mean. Being found out.”

“So you don't think a
perfectly innocent
person might look shaken and worried when they are awakened at five in the morning by a dozen police officers crashing into their home?”

She looked across at the jury and gallery, her eyes wide with incredulity, and was rewarded with a few smiles and sniggers.

“I'm not saying that, but…”

“Did Mr Midanda exhibit any surprise when you
tore
up the floor and found the drugs? In your opinion, I mean.”

“Well, he …”

“Or did he just say something like ‘it's a fair cop, guv?'”

“Well, of course he
acted
as though he was surprised.”

“You know Jason well, do you, DI Waters? Met him many times before? Always in trouble, is he?”

“No, I'd never met him previously, in fact.”

“So how could you possibly know he was
acting
?”

DI Waters hesitated briefly before answering.

“Well, because of all the other evidence.”

“But you were
there
, DI Waters. You have – what – fifteen years experience in CID? I'm sure you can form your own opinions and ideas; you don't need backroom experts to
tell
you what to think, surely?”

Jeremy Forsythe got to his feet.

“M'lord, the witness is giving his
opinions
, as requested by my learned friend. These are, by definition, what he
believes
. If it is not what Defence counsel wants to hear, then that is hardly the fault of the witness if he is answering the questions truthfully, which I am sure this court has no doubt that he is. I suggest …”

The judge turned to the Defence counsel. “Ms Prentiss, please explain what you are hoping to achieve with this line of questioning so we may ‘cut to the chase' as it were.”

“Yes, m'lord. I simply want to establish that both defendants exhibited the same level of shock and surprise when the drugs were found. I feel that it is misleading for the witness to dismiss the reaction of Jason Midanda as ‘obviously acting' when there is no evidence that it was not genuine. That's all.”

“Very well. But I think we must understand that DI Waters
was
party to all the ‘backroom' – as you call it – evidence before he went to the house. In fact, without that evidence beforehand he wouldn't have gone there at all. I think with that weight of knowledge, plus the discovery of the drugs themselves, we can forgive him forming such an opinion.”

He looked down at her, over the top of his spectacles, inviting her to speak. Lorna chose to remain silent.

“So, Ms Prentiss, can we move on?”

“Just a couple more questions, m'lord.
Factual
ones, this time.”

Miles Pendle beamed at her and nodded.

“DI Waters, is it true that on the Thursday before your raid on the Midandas' house, the property was broken into?”

“Well, I was not involved with that.”

“No, but you can confirm or otherwise?” Judge Pendle stepped in with the question.

“Yes, m'lord, there
was
a break-in at the house.”

“Thank you, Detective Inspector,” said Lorna. “And is it true that nothing was taken.”

“Yes, that's correct.”

“It is just possible though, is it not, that something could have been
left
there by the intruders? Some drugs perhaps?”

“M'lord, I really must …!”

“My question,” Lorna continued before Jeremy could finish, “was whether it was
possible
.”

“Very well,” said the judge. “Please answer the question, DI Waters.”

“Yes, it is just possible, I suppose. But highly …”

“Thank you, DI Waters. No further questions.”

Jeremy was on his feet.

“Just a couple more questions to the witness, if it pleases, m'lord. Detective Inspector, was the Midanda household the only one which was entered on that street on that particular day, and if not, how many others?”

“No it was not. A total of eight houses were broken into.”

“Thank you, and how many of those had anything taken from them?”

“Four of them; they just had laptops taken. There were no laptops in the others, including the Midandas'.”

“Thank you. No further questions. That completes the case for the Prosecution, m'lord.”