The Irish Scissor Sisters (40 page)

Mr Justice Paul Carney briefed the jury on the legal complexities surrounding verdicts of murder and manslaughter. They rose to consider their verdicts at 12.30 p.m. on Wednesday, 25 October.

Most of the gardaí and press reporters who were present each day of the trial were in agreement that it would not take the jury very long to come back with guilty verdicts on both women. Seasoned court reporters were speculating that the verdict would be in within three or four hours. This didn’t prove to be the case however.

Wednesday dragged into Thursday and there was still no word from Linda and Charlotte’s twelve peers, who were obviously locked in deep discussion in the jury room.

After lunch on Thursday, Judge Carney informed the jury that a unanimous verdict was no longer required and that a minimum of 10–2 majority would be permitted. Observers got a hint of what the jury were thinking, when they came back that afternoon seeking clarification on the definitions of self-defence and provocation.

The investigating detectives had done a thoroughly professional job at preparing the case and were fully expecting guilty verdicts but even they were beginning to get nervous as Thursday wore on. They were feeling even edgier when the jury were sent to a hotel for the second night on Thursday evening.

While the jury was out deliberating, the detectives involved in the investigation had lots of time to go back over the case for anything they might have overlooked but they were satisfied that they had prepared a rock-solid file for the Director of Public Prosecutions (DPP). The only possible weakness was the lack of response from the Kenyan authorities to their requests for assistance. The DPP, James Hamilton, had written a letter on 30 January 2006 to The Competent Judicial Authorities of the Republic of Kenya. He had outlined the facts of the murder of Farah Swaleh Noor and emphasised that the matter was urgent because two people were before the courts, charged with Farah’s murder. He had requested that the Kenyans:

Mr Hamilton had also requested that Detective Sergeant Gerry McDonnell and Detective Garda Malachy Dunne be allowed travel to Kenya to advise the Kenyan police on how to collect evidence so it is admissible in an Irish trial. He had further asked for an interpreter to be provided. Gardaí believed that their direct presence in Kenya would be crucial in building a case against the Mulhalls, but the lack of response by the Kenyans to the Mutual Assistance Request made this impossible. It meant that gardaí had to rely on telephone and fax contact with Farah’s relatives, via interpreters.

In February 2006 DS Gerry McDonnell forwarded a request for mutual legal assistance in the investigation via the Department of Justice. It is common practice that countries would cooperate with each other in investigations involving their nationals but the Kenyan authorities again failed to respond, even though a number of reminders were sent to them reiterating the urgency of the case because the trial of the Mulhalls was due to commence on 3 October 2006.

A separate request to Interpol Kenya for a check on Noor’s previous convictions, if any, had also been sent. The gardaí received an acknowledgment on 16 June 2005, saying, ‘Your above quoted message refers. Please be informed that we are still waiting for clearance from the Attorney General’s office. You will be informed whether the subject has any criminal record.’

The required clearance obviously never materialised because nothing was ever heard back from Interpol Kenya, even though lots of reminders were sent, one as late as 25 September 2006. Interpol Dublin had also made direct contact with their Kenyan counterparts but with the same result.

When Friday dawned and the jury continued to try to reach a verdict for the third day, the paucity of information from Kenya may not have been the only aspect of the case weighing on some of the detectives’ minds. The jury returned on Friday afternoon, after deliberating for a mammoth fourteen hours and thirty-seven minutes. The foreperson did not have a verdict, however, and told Judge Paul Carney that they had reached a deadlock.

The Judge told them: ‘You’re not the only jury in the building deliberating for this time. There are five children who have a vital interest in this, as you know, and we’re anxious to reach a conclusion. If you’re in any doubt as to the evidence you should resolve it in favour of the accused and if there’s any further help I can give you I’ll be delighted to do so.’

The jury did not require any other information and went back to try to iron out whatever disagreements they had over the verdicts.

The twelve men and women came back at 6.30 p.m. that evening and the foreperson said: ‘We’ve come to a deadlock. We have a majority but not the one brought forward by the court.’

The judge asked them to give it another half an hour, and when they had left, George Birmingham stood up and told Mr Justice Carney: ‘You have unbalanced what up to now has been a balanced trial.’ Mr Birmingham was unhappy because he felt that the judge’s comments could lead to the jury acquitting the women if they didn’t feel the evidence was strong enough. Judge Carney obviously did not agree with him and told the senior counsel: ‘Let’s get real, Mr Birmingham.’

At 7 p.m. the female foreperson came back and told Judge Carney: ‘We’re talked out. The air upstairs is blue and we wish to come back to this tomorrow.’ For the third night in a row they were sent back to the hotel for some rest. Nobody in the courtroom had seen this in the script.

The jury returned the following morning, Saturday, 28 October, and dozens of reporters from the Sunday newspapers were in court, praying for a verdict to splash across the front pages the following day. Their prayers were answered at 2.30 p.m., when, after eighteen hours and one minute of deliberations, the jury finally came back with a decision.

Linda, who was wearing a chocolate-brown leather jacket over a white blouse and navy jeans, glanced at the twelve men and women as they prepared to determine her fate. She clutched a copy of the
Irish Times
.

Charlotte, dressed in black trousers and a black vest top, carried a copy of
A Million Little Pieces
, a novel by James Frey about drug and alcohol addiction.

John and James Mulhall had been released from Wheatfield Prison at this stage and were present in court for most of the trial, as was Marie Mulhall. The three sat together in the public gallery as the verdicts were about to be delivered.

Charlotte was the first to be sentenced and sat stone-faced as she was found guilty of the murder of Farah Swaleh Noor by a 10–2 majority. She did not even flinch, even though the verdict meant that she would automatically be jailed for the rest of her life.

Linda stared straight ahead and showed little emotion as she was found guilty of Noor’s manslaughter by an 11–1 majority.

There were gasps from the public gallery as the verdicts were read and Judge Carney remanded the women in custody for sentencing on 4 December 2006. As the Mulhall sisters were about to be led to the cells below the court, they finally allowed their masks to slip. James and John Mulhall, their two brothers who had made the phone call that led detectives to Linda and Charlotte, walked across the courtroom and hugged and kissed both girls. Linda started crying and said, ‘Thank God it’s over,’ while Charlotte also allowed herself to shed a tear.

James Mulhall made his way out of the courtroom, past the assembled media, who were informing their newsrooms of the verdicts, and thanked the group of investigating gardaí as he left. Detectives told the press corps that they were satisfied with the verdicts.

Linda and Charlotte Mulhall were christened the ‘Scissor Sisters’ by the media immediately after the guilty verdicts and became publicly associated with this nickname. The American band the Scissor Sisters have spoken of their astonishment that two Irish killers have been named after them. Frontman, Jake Shears, joked: ‘You know you’ve made it in this business when they name killers after you.’

Linda and Charlotte were immediately taken to a prison van and transported the short distance to Mountjoy Women’s Prison, on the North Circular Road. The two convicted women were placed on suicide watch during their first night in prison, as is standard practice. Prison sources later said that the sisters quickly adapted to life in Mountjoy Women’s Prison, but the Dóchas (Irish for hope) Centre isn’t exactly a tough institution.

The Dóchas Centre is a progressive prison that focuses on trying to rehabilitate the women there. It is a medium-security prison built at a cost of €16 million in 1999 and houses about eighty women at one time. It is like a five-star hotel compared to the men’s equivalent next door, which is a decrepit building from the Victorian era that should have closed down decades ago. Instead of cells, each woman has her own single room in one of seven separate ‘houses’, all named after trees. An additional house is provided for mothers who are looking after their babies while serving sentences. There are no bars on the windows and the prisoners have their own key to their house and bedroom. They can effectively come and go as they please during the day. Prisoners aren’t even called prisoners and are instead referred to by the more politically correct title, ‘women’.

When Linda and Charlotte were taken from the Central Criminal Court to the Dóchas Centre they would have been brought through to the reception area, where all new prisoners immediately have a shower. They are then routinely searched by a reception officer who takes a prisoner’s personal details, such as name and address. If a new arrival has any cash, it is handed over and lodged into a personal bank account. All personal property has to be signed for and mobile phones have to be handed over and are stored away until the sentence is completed. Prisoners are then given fresh bed linen, underwear, a tracksuit and runners, if they want them, as well as toiletries. They are also handed the Dóchas Centre’s Information booklet, which contains all that the prisoners need to know to get them through their sentence.

The Centre’s ‘Vision Statement’ states: ‘We are a community which embraces people with respect and dignity. We encourage personal growth in a caring and safe environment. We are committed to addressing the needs of each person in a healing and holistic way. We actively promote close interaction with the wider community.’

When a prisoner has being processed, she is taken to see a nurse, who should be told about any medical conditions or if the prisoner has any forthcoming hospital appointments. The Health Care Unit in the Centre is quite impressive. As well as having a nurse available twenty-four hours a day, a dentist regularly visits and an optician or chiropodist is available on request. A psychiatrist also comes in twice a week, although a GP referral is needed for this service. Prisoners struggling with addictions can consult with alcohol and drugs counsellors. The probation and welfare officer is based in the Health Care Unit and can assist with ‘family/ child care matters, accommodation difficulties or other personal problems’.

As the notion of ‘prisoner’ does not exist in the Dóchas Centre, neither does a ‘prison officer’. Their equivalents are ‘house officers’ who escort new arrivals to their room and hand them their key. These officers don’t even wear uniforms, in an effort to ‘break down barriers’ with the women and communicate on a more equal level. An intercom system is installed in each room in case the women need to summon a house officer. Each room contains a TV, locker, dresser, wardrobe, bed, bin, cutlery, toilet, toilet brush and a bathroom bin. The women are not allowed to visit other houses without the permission of the governor. The governor is available to meet every day except Sundays and also regularly calls to each house. Any special requests, such as enquiring about particular visits, temporary release or extra phone calls, are made through the governor and the decision will be based on how a prisoner is progressing in their prison job or schooling. If a member of staff feels that any woman is behaving inappropriately, they are brought before the governor and may be punished. Punishments for prisoners can include losing shop privileges or time earned off their sentences for good behaviour. It is at the discretion of the governor what punishment to impose after she hears evidence from her staff and an explanation from the offender.

The daily routine for the women is the same from Monday to Friday but varies at weekends. Each room is unlocked at 8 a.m. and the next ninety minutes are spent getting dressed, collecting medication, having showers, cleaning up the house, preparing for school or work and eating breakfast. Each of the four daily meals varies from day to day and there is a menu available for dinner and the women help themselves to a variety of foods from a buffet table.

The Dóchas Centre has its own hair and beauty salon where prisoners can go to have their roots done. The salon is mainly staffed by fellow prisoners doing a FÁS course in hairdressing, one of many available in the Centre. From 9.30 a.m. to 12.30 p.m. the women’s time is taken up by schooling or work. Prisoners are able to take courses in a range of subjects, including computers, music, cookery, soft toy making, speedwriting, photography, stained glass, drug awareness and meditation. Women can study for their Junior and Leaving Certificate English and Maths papers and can do computer courses to help prepare them for jobs when they leave the prison environment. Jobs are also available across the Centre, with the opportunity of working in the kitchen, the garden and the library. Each woman is paid €2 per day, regardless of whether they work or not, and the cash is put into their bank account. If the cash is not spent in the prison tuck shop a lump sum is handed over at the end of the sentence. The Dóchas Centre does not have its own tuck shop and all orders are sent over from the men’s prison. Newspapers, magazines, sweets and phone cards can be purchased. Items can only be ordered on Wednesday and Sunday evenings and aren’t delivered until the following morning because of logistical difficulties. The Centre information booklet advises: ‘So remember, patience is a virtue, girls!’