Unfaithful (48 page)

Mark never even glanced at his co-defendant during the trial but stared straight ahead at the jury when not writing. His calm and collected expression slipped every now and then as
his expressive face showed his reaction to each piece of evidence that stacked the Prosecution's case higher against him. Every so often, when the accusations became too much, he turned towards a member of his legal team and whispered in an urgent manner. When particularly damning evidence appeared he leaned towards his legal team to share a private joke. However, for the most part, despite the evidence against him, he gave the impression of attending the trial merely for politeness' sake, rarely showing any doubt in the security of his position.

At the far end of the bench his
co-accused, Savannah Kingston, joked with the prison guards. She had been in custody for almost two years but she acted like she was on holiday and seemed a very unlikely fit for the role in which she had been cast. Her long blonde hair and olive complexion marked her out as an exotic creature amongst the blue uniforms of the police and prison officers and the black gowns of the barristers. If she felt pressured by her predicament she rarely showed it. She often laughed to herself at the more bizarre pieces of evidence and smiled broadly as she watched the trial; as if it was entertainment for her alone.

The drama played out over nail-biting eight weeks, much to the delight and fascination of the spectators. Mark fought his corner hard and refused to concede a single point to the
prosecution. Every so often the stress would show in the courtroom by someone punctuating proceedings with much huffing and slapping of furniture.

The day of reckoning had arrived.
After so many weeks of evidence it wasn’t surprising that the jury took their time on their decision. They had asked frequent questions, seen numerous pieces of evidence and taken ever-increasing cigarette breaks when the tension became too much for them. It took three days and two nights in a hotel for them to reach their verdict. The press settled in for a lengthy wait but the anxiety was evident in both accused for the first time, even though they both maintained their pretence at being relaxed. Savannah was spending most of her time in the cells, away from the curious eyes of the public while Mark was disappearing for more frequent cigarette breaks. He loped in and out of court like a restless tiger, spending most of his time sitting on the benches that were placed at regular intervals around the curved walls of the round hall or hiding under a stairwell.

Everyone could see that Savannah was pale beneath her immaculate makeup and her eyes were hollowed by dark shadows. As the trial drew to
a close she began to look her thirty eight years and her glamorous mask had begun to fade. As the hours passed by, the tension slipped into tedium.

V
erdicts were expected to emerge at some stage during the day. The media presence had exploded which was no major surprise for such a sensational trial. Mark was wearing a black pin-stripe suit with a silver tie and white shirt. The anxiousness which had crept over his face as the trial wore on was very much apparent that morning. The tension which had built up over the previous days had clearly taken its toll on him.

The jury resumed deliberating at nine o' clock that morning and the judge indicated that he would give them the option of a majority decision at noon. It was at this stage th
at the fireworks began. The jury had come to an agreement on some of the counts. The tension in the courtroom suddenly increased dramatically. A collective breath was held as the forewoman wrote the verdicts on the issue paper. A pin dropping would have been heard reverberating through the still courtroom at the moment the paper was passed to the registrar who glanced at it briefly before turning to murmur something to the judge."Have you reached unanimous verdicts on any counts?" Judge Enright asked the jury.

"Yes," the foreman replied. "We find Mark McNamara guilty of soliciting Savannah Kingston to murder Rebecca McNamara, Penelope Garrett and Shona Morgan. We find Savannah
Kingston guilty of demanding money from Penelope Garrett to cancel a contract on her life and the lives of Rebecca McNamara and Shona Morgan." The jury had not yet decided on the conspiracy to murder charges against both accused.

All eyes were on Mark
. What would be his reaction? But he revealed no instant explosion of emotion and maintained a serious expression. The two accused sat impassively as the first verdicts were read out. Mark hardly flinched as he was convicted time after time. He closely watched the jury as the registrar read out their decisions.

It was his son who showed his pain. He stared at his father and his face was bright red as the tears streamed down his cheeks. Christopher bowed his head in his hands and remained rooted to his seat. An emotional
and tearful Rebecca rose to her feet and hugged Penelope and Shona.

The noise level in the courtroom rose again as journalists and barristers reached for their mobile phones while the public chattered amongst themselves about the implications of the verdict. Christopher stood up as if to move away from the burning scrutiny of the press who were less than a metre in front of him but his mother threw her arms aro
und him, pulling his head onto her shoulder. Penelope and Shona stood in front of them, shielding them from the prying eyes of the public. Christopher clung to his mother, her shoulder shaking in his grip. It was only then that her own emotion showed and she buried her face in her son’s chest as the tears finally erupted.

Mark was pale and held
his head in his hands as the enormity of his situation hit him fully for the first time. His voice shook as he spoke urgently to his legal team. Ultimately, he had been convicted and would be spending that night, and many more, in jail. For once, the handsome charmer had failed to win over the crowd.

The jury was sent away to continue deliberating on the remaining charges. Mark had just been convicted of three serious charges but he had nobody to console him. He sat alone with his legal team. The gravity of events hit him hard. However, the fact that three of the charges were still being considered meant that any grand finale was temporarily put on hold.

Seated a few metres to Mark's left was Savannah
Kingston who sat back and smirked as the verdicts were relayed to the court. She had been acquitted of the burglary allegation at M&R Photography but had been found guilty of the extortion charge and two counts of handling stolen property.

T
he waiting was finally over when the jury announced that it had reached a decision regarding the conspiracy to murder charges. "We find the defendant, Mark McNamara, guilty."

Mark turned white, matching the shirt he was wearing. Throughout the previous weeks of the trial, the court had seen different versions of him; pale,
smiling, charming, charismatic and emotional and now this utter dejection. He was convicted on every one of the six charges which he had faced and a stint behind bars was inevitable. Mark sat with his head in his hands as the realisation began to hit him.

The emotion of the trial had
also taken its toll on some members of the jury as two of the female jurors burst into tears. The tension which had built up over the previous weeks began to evaporate but the jury's job was not yet finished. They still had to come to a decision about Savannah Kingston on the conspiracy to murder charges and they returned to the jury room to continue their deliberations.

Mr. Clifford rose to his feet.
"Now that Mr. McNamara is a convicted person he should be remanded in custody."

Mr. Loftus, Mark's barrister
, then asked for the court to certify psychological reports for him. "There is no danger of my client not turning up for his sentencing hearing."

However,
Mr. Clifford was adamant. "Mr. McNamara’s status has now changed. He is a convicted person who has been found guilty of very serious crimes. My application is to have him remanded in custody."

Judge Enright noted the application
for Mr. McNamara to remain on bail but he refused. "There is no necessity for someone to be on bail pending psychological reports. His status has changed by virtue of the jury's verdicts this afternoon; therefore I refuse your application."

Mark remained without emotion, sitting quietly beside his legal team in the stuffy courtroom as the jury was given the option of returning a majority decision on the remaining charges. An hour later verdicts of disagreement were r
ecorded in relation to the conspiracy to murder charges.

Mark sat st
ony-faced and Savannah Kingston continued to portray a relaxed composure as the judge thanked the jury for its patience and diligence throughout the case. "The court appreciates the role you have played and the way you have played that role. You've been involved in a complex case, because of the intricacies of new technology, phones, emails, text messages and also the scientific evidence," Judge Enright said. He then excused the jurors from jury service for fifteen years.

Savannah's barrister
, Mr. Kiely, asked for free legal aid to cover medical reports for his client and this was granted. Judge Enright advised that the matter of disagreement on the three charges was an issue for the Director of Public Prosecutions. He remanded both accused in custody until their sentencing date. Mr. Enright then asked for Mr. McNamara to be remanded to Mountjoy prison rather than Limerick prison as this would be easier to facilitate the preparation of psychological reports.

Finally, the drama was over and the nail
-biting wait had come to an end. The trial, which at times seemed like it would run for several months, had come to a conclusion. The packed courtroom slowly emptied. The members of the public who had attended daily had grown substantially in number as the trial had progressed and had enjoyed what they'd seen.

Mark looked absolutely shattered while Savannah chatted easily to the prison officers. They were led away to the prison vans which quickly transported them from the courthouse.

The court
room emptied once the final verdict was read out. The press hurried to the front of the building to await the statements which would inevitably follow. The women's statement was quick to arrive. It had been emailed to the waiting press within minutes of the jury's decision. Penelope, Rebecca and Shona showed a united front and asked for a privacy which was unlikely to follow. Short and succinct, their statement intended to draw a line under the whole sorry mess.

“
We are relieved that the trial is over and we would like to express our appreciation to the members of the jury for their patience and attention. We would like to thank everyone who has assisted us during this difficult period. We look forward to getting on with our lives and we request the privacy which is necessary to assist us in this respect.”

However, the reporters still hung around. Word quic
kly spread that Mark's barrister planned to make a statement to the press. A few minutes later, after a large crowd had assembled, microphones and flashguns at the ready, Mr. Loftus took his place. The crowd surged forward to catch every word.

“
Mark McNamara has maintained his innocence throughout this trial. The jury has found him guilty. The judge has adjourned sentencing pending the preparation of psychological reports. Accordingly, it would be inappropriate to comment any further on the verdict at this stage.”

The outstretched arms of the reporters remained thr
ust forward as he continued to speak. “The person most affected by this verdict, other than Mr. and Mrs. McNamara, has been their son, Christopher McNamara. He is a fine young man who has displayed loyalty, devotion and love to his father. He has stood by his side in this trial and his life has been shattered as a result of the outcome. I would ask that he be given time to allow him to adjust to his changed circumstances.”

“Will you appeal?”
a reported asked.

“
The sentences haven't been handed down yet so there will be time enough to appeal later,” he reminded the assembled journalists.

And that was it. It was
over. Mark was led away in handcuffs, his face red with shock as the cold metal of the cuffs brought home the reality of his situation. He had lost the case and he would have to wait two months to discover his fate. He was to await his sentence in the men's wing of Mountjoy Prison, home to some of Ireland's most notorious criminals.

Chapter 18

Various theories surfaced after the trial on what had actually swung the case towards the convictions on most of the charges. Those who were involved in the investigation put it down to two things; the sheer weight of the evidence and Mark McNamara presenting two very different personas in the witness box. He appeared bold and brazen on the first day and sad and withdrawn the next. Some people said he unwittingly gave the jury the opportunity to see what he was really like. His "chalk and cheese" demeanour had surprised the jury members.

The huge amount of evidence presented throughout the thirty day trial was of such a technical, complex nature that it was impossible to predict the eventual outcome. Conspiracy to murder cases are not common in the courts in Ireland and the Prosecution had to prove that a tacit agreement was in place between Mark and Savannah. The jury had an extraordinary amount of evidence to sift through and there was every possibility that some of the jurors would either feel sorry for Mark
or take the view that the details were so ludicrous that it was impossible to convict. However, the jury took its job seriously and considered the evidence in great detail before convicting Mark and Savannah.