‘What’s he going to ask me about?’
‘My guess is he’ll ask about the age difference, implying you are quite a few years older and more experienced. Also, why you didn’t ask if she wanted to have intercourse. He’ll probably play a lot on her saying no at one point and pushing your hand away when you tried to place it in her vagina …’
‘But that was right at the beginning.’
‘Don’t argue with him. Agree she said no at one point. I can ask further questions after Mr Palmer has finished and I’ll deal with that if I have to. It’s important the jury don’t see you getting angry. Do you understand?’
‘I do. I didn’t do it. I can’t understand why she would say I did. I was looking forward to seeing her again. She was lovely and she laughed at my jokes.’
‘I’m telling you this now because when you start giving evidence neither I nor Lee can speak to you until you’ve completed it. Have you got any family here?’
‘My mother’s been waiting for me. She couldn’t bear watching the trial. And my aunt’s been with her.’
‘Good. You may need some support tomorrow. Now go home, try and get a good night’s sleep. Lee, we talked about a character witness or two – any luck?’
‘I’ll let you know before court tomorrow. Something has come up and I need to take another statement.’
Chapter 27
That evening, Cassie asked herself again why Emma Gilbrook had made the allegation of rape. It was a question Sadler had asked her and she hadn’t an answer. Why would any woman go through a trial, being questioned about their most intimate behaviour if it was not true? Would she herself have reported similar conduct as rape? She knew she wouldn’t. She knew what a trial was really like. She was ruminating on what she might have done when her mobile rang.
‘Cassie, I’ve just taken a statement from Linda Callender …’
‘Who? Linda …’
‘She’s the ex-girlfriend. The one who went to Australia and then dumped him.’
‘Did she call you?’
‘She’s here. She came to London when she heard about the trial. She wants to give evidence …’
‘You sound doubtful?’
‘She describes him as being keen on sex. She says they started having sex very early on in their relationship. She was underage … look I’ll email it to you and you can make your own mind up.’
Outside court the next morning, Cassie and Lee met before Sadler turned up. ‘I’ve read the statement and on balance I think I’d like to call her. What does she look like? Is she presentable?’
‘Tanned. Good looking. A bit like Emma.’
At that moment Sadler approached them. ‘Linda’s back from Oz. She says she wants to help. Give evidence for me.’
‘I took a statement from her last night. Miss Hardman is considering whether she would make a good witness for us,’ Lee said.
‘But …’ Sadler said.
‘It may look straightforward to you, but you were having underage sex with her and the way she describes your relationship – well,’ Cassie said, ‘ I don’t want the jury to think you’re sex mad.’
Sadler frowned. ‘I see. Does she say that?’
‘You seem surprised?’
‘We were at the same school and – we did make love quite a lot, but not every time we were together. She’s come a long way to support me – to say I never forced her.’
‘Lee, can you go back to her and perhaps ask her some more questions about their relationship. I am minded to call her.’
Cassie watched Sadler walk to the witness box followed by the security guard who stood behind him as if he was about to make a run for it. She thought it was ridiculous and designed to negate the fundamental principle that a defendant was innocent until proved guilty. Although Sadler was tall – she thought he was probably six feet – he was slim. Today he was dressed in a light grey suit and pale blue shirt, no tie. She had told him to wear whatever he felt most comfortable in. He was a very attractive man, his dark hair cut short, and had large dark eyes with long eyelashes. After taking the oath, he put his hands on the edge of the witness box. They were small compared to his height. As she got to her feet to conduct her examination in chief, Cassie looked at the jury. One of the younger women had leant forward, her attention directed towards the defendant. At times Sadler tapped his fingers on the edge of the witness box and as they reached the details of sexual intercourse, he stuttered. He was an attractive man but not a bully.
Once Cassie had finished her questions she sat down and waited for Hugh Palmer to begin his cross examination. She thought this stage of the trial was like throwing the witness to the wolves. As she had twisted the description given by Emma Gilbrook, so Hugh would insinuate Sadler was a brute, overpowering a younger girl to satisfy his sexual drive. She pulled her notebook towards her and then took a mint from the packet on the bench.
‘Mr Sadler, Emma Gilbrook is ten years younger than you, she was clearly less experienced?’
‘She told me she was twenty-four. I had no reason to doubt her.’
‘She looked younger, did she not?’
‘I didn’t think so.’
‘On the previous occasion the two of you met, she had paid for herself?’
‘I think so. I’m not sure if I paid for coffee when we met in the park. I don’t recollect. She had arrived before me and may have already had a drink. She did pay for her meal in the pizza place. As she says I paid a bit more because I had a beer.’
‘Yet at the restaurant, you insisted on paying for dinner for the two of you?’
‘I’d asked her out. It was, well, more of a date. I wanted to pay.’
‘Wasn’t it to make her more likely to agree to have sex with you? A form of grooming her?’
‘Of course not. It was a date. My treat.’
‘You left the restaurant together?’
‘Of course.’ Sadler was looking puzzled.
‘Were you surprised when she suggested you went to her friend’s flat?’
‘Not really. She talked a lot about Anita and told me they were very good friends and she used the flat from time to time.’
‘Did she tell you what she used the flat for?’
‘I knew she lived at home with her mother. Having some privacy is difficult.’
‘Privacy to have intimate relations.’
‘I guess so.’
‘Did you think Emma was inviting you to her friend’s flat to have sex with you?’
‘No. I didn’t. She told me Anita may be there. She wanted us to meet.’
‘Did she say why she wanted you to meet her friend?’
‘I assume she wanted us to get to know each other. Confirm we were an item.’
‘Anita Connor wasn’t at the flat when you arrived?’
‘She wasn’t. Emma had a key and let us in.’
‘Did you think Emma had invited you to the flat to have sexual intercourse with her at this stage?’
‘I don’t know what I was thinking. We’d have a bit more time together in private?’
‘I’d suggest that by this time you were ready to have sex with her.’
‘I didn’t want to leave her. I wanted to spend more time with her.’
‘When did you realise you were going to have sex with her?’
‘It just happened … we were kissing and I caressed her. She was responding. It just went from there.’
‘You took her into the bedroom?’
‘We both got up and went to the bedroom together.’
‘She was behind you, when you went into the bedroom?’
‘I didn’t drag her there. It’s not a very big flat.’
‘You held her hand and pulled her towards the bedroom.’
‘No. I didn’t.’
‘Did you ask her if she wanted to go to the bedroom?’
‘No, I didn’t. She walked with me.’
‘Once you were lying on the bed you were caressing her breasts?’
; ‘She took her blouse off and her jeans.’
‘Didn’t you undo her jeans and pull them down?’
‘We took her jeans off. They were very tight and had zips at the ankle. I don’t think I could have got them off without help.’
‘You went to get a condom?’
‘They were in the inside pocket of my jacket. That was in the living room.’
‘Why did you have condoms with you if you were not expecting to have sex?’
Paul Sadler looked at Hugh as if he couldn’t understand the question. Hugh repeated it.
‘I always carry a packet of condoms.’
‘Are you always expecting to have sex?’
‘It’s just a sensible precaution. I can’t remember when I put them in my pocket. I always carry them – in case.’
‘In case you get the opportunity to rape a young woman?’ Cassie saw one of the young men on the jury put his hand up to the breast pocket of his denim jacket. Was he checking he had a supply of condoms with him?
‘No. I did not rape Emma.’
‘Why do you think she is making this allegation?’
Sadler spread his arms out, the palms upturned. ‘I don’t know, I really don’t know.’
‘It was only your third meeting, your first proper date. Isn’t that rather quick to start having sex?’
‘I don’t know what’s usual.’
‘Have you had sex on a first date before?’
‘Once or twice. This wasn’t a first date.’
Cassie looked at Hugh and not for the first time wondered what his sex life was like. She was quite fond of him but he was a little old fashioned. On one occasion when she had bumped into him as she was coming out of Temple Tube station he had bought an enormous bunch of flowers, thrust them into her arms and vanished before she could thank him. Hugh was relying on assumptions about sexual behaviour that were from another age. Had he, like too many lawyers, particularly the men, attended a single-sex school where they were taught nice girls didn’t?
‘Miss Gilbrook agrees, she helped you put the condom on. You knew she was trying to protect herself, didn’t you?’
‘I was nervous, that’s why I couldn’t get it on. She was quite willing to assist me. I took that to mean she was quite happy to have sex with me.’
‘Did you ask her if she consented to having sex with you?’
‘No, I didn’t, we were … she was clearly enjoying the physical contact. Isn’t that what happens, two people enjoying each other?’
Hugh didn’t reply – witnesses weren’t supposed to ask counsel questions – but Cassie could see he was disturbed by the question her client had posed. She turned her attention to the jury box and saw a few of the jurors nodding, hopefully agreeing. Cassie thought of her own relationships and how her body responded to physical contact. Had she always been in control? She thought not. Is that what had happened to Emma Gilbrook? Had there been conflict between what her head was saying and what her body wanted?
‘You asked Miss Gilbrook if she was enjoying your attentions?’
‘I wanted to …’ Sadler paused and then stumbled over the next word ‘… satisfy her.’
‘She didn’t say she was enjoying it, did she?’
‘She gave every appearance of doing so. Of wanting to have intercourse.’
‘How did she do that?’
‘She helped me with the condom. If she’d told me no or stop it I would have done so. She didn’t.’
Cassie couldn’t help but smile at how Hugh had made a mistake by asking one question too many. Hugh must have realised his error because his next question was about the interviews with the police.
‘You were reluctant to answer the questions the police officers asked you?’
‘At first I thought they were saying Emma was underage. I was confused by that.’
‘As you were entitled to do, you stopped the interview and asked for a solicitor?’
‘I did, and in the second interview I told them I did not rape Miss Gilbrook. I believed she was willing to have sex with me. The officer didn’t believe me and he made it clear he didn’t.’
Cassie leant forward – she was worried Sadler was going to refer to that part of the interview that had not been put before the jury. He didn’t, and Hugh must also have been aware that he was straying onto evidence the judge had ruled inadmissible, because he said he had no more questions for the witness.
After Sadler had returned to the dock, Cassie asked Judge Tyte for a short adjournment. He rolled his eyes towards the ceiling. ‘I hope it’s necessary, Miss Hardman.’
She assured him it was. She didn’t want to say there was a possible witness in case she decided against calling Linda Callender. The judge told the court they could have ten minutes and the jury filed out of court. Cassie followed. Out in the marble-clad galleried hall, Cassie could see Lee standing with a tanned young woman with similar coloured hair to Emma Gilbrook, but it hung loosely round her face. Lee introduced them and then handed Cassie a document. ‘It’s a further statement from Linda. A bit more explanation about their relationship.’
‘I really want to give evidence on Paul’s behalf. I’m sure he wouldn’t force himself on any girl,’ Linda said.
‘I do understand, but … Let me read this.’ Cassie walked away along the concourse. Calling a witness was always a question of balance. Would Linda Callender’s evidence help Sadler or would cross examination reveal facts that undermined her and because of that, the defendant?
Cassie finished reading the statement and then walked back to Lee and Linda Callender. ‘Ok, let’s go with it.’
‘Linda Callender, please,’ Cassie said. The black-gowned usher rushed out of the courtroom and seconds later appeared with the young woman following behind. The usher directed Linda into the witness box, handed her a bible and asked her to read the words from the card. When she had taken the oath she looked towards the dock and a smile lit up her face.
‘Miss Callender, you know Paul Sadler?’ Cassie said.
‘Very well. We met at school. He was in the class above me.’
‘Did you see each other out of school?’
‘A lot. We were inseparable. Boyfriend and girlfriend. He came to my house often. His parents were divorced, his mother had remarried and he didn’t get on with his stepdad. So he came to mine most days.’
‘How did your relationship develop?’
‘Do you mean when did we start having sex?’ Linda looked at Cassie, who said she did.
‘I think, after about six or so months. It was during the summer holidays. We were spending all day together. My parents were both out at work and we both wanted to do it.’
‘How old were you?’
‘I was fifteen and I think Paul was sixteen. He’d had a birthday about a week or so before. I’d joked about it being a birthday present.’
‘You were underage. Did you know that?’
‘I did, but all the girls in my class were having sex. Paul and I, we were good together and it seemed right.’
‘How long did your relationship last?’
‘Nearly five years. We both left school, Paul got a job at Heathrow. I wanted to be an air hostess, but it was difficult and I ended up working in various bars.’
‘How did your friendship end?’
‘I wanted to travel a bit before settling down. Paul had a job he enjoyed. He did want us to get married but I wasn’t ready for that. My dad suggested I went to Australia and see how I felt then. While I was there I met my partner and I wanted to stay in Oz. Then I fell pregnant. I wrote to Paul explaining I’d met somebody else.’
‘You’ve stayed in touch?’
‘Sort of. Facebook, you know.’
‘Where do you live now?’
‘In Melbourne. I heard about this charge and flew over. I wanted to support Paul.’
‘During that five years, were you having sex throughout that time?’
‘Fairly often. We both enjoyed it.’
; ‘Which of you initiated having sex?’
‘Mostly Paul, but I did too.’ Linda looked across the courtroom towards the jury box. ‘He never once forced me to have sex with him. Not ever.’
There was no cross examination. Cassie knew Hugh didn’t want to risk asking questions when he had no idea of what the answer might be.
Chapter 28
DCI Saltburn had decided to continue observation on the premises for the next few nights. They had secured the shop when they left and no one would have known the place had been searched. At night, the mews was unlit save for one lamp at the end closest to Ladbroke Grove. From the unmarked Vauxhall Corsa, Alex could see the lights from one of the houses illuminating a rectangle of the cobbled surface. Beyond, in the dark, was the print shop. They could not see the premises but the mews was a dead end so any vehicle arriving would have to pass by their parked vehicle.
Alex and Chris had been in position for over four hours. The smell of the pizza they had shared hung round her nostrils, and the floor of the car was covered in sweet wrappers. Chris Dundy reached for a can of Coke and pulled the tab away. ‘Want some?’ he said, holding it out towards her. Alex shook her head.
‘I could do with a pee. We’ve been here for hours and nothing’s moved on the plot since the guy at number four staggered back,’ Alex said.
‘How desperate?’
‘What, the guy getting drunk?’
‘No, for a pee.’
‘We’ve not got that long to go before the others take over. I can wait.’ It was alright for the blokes, they could find a dark corner in which they could relieve themselves; she’d have to keep her legs crossed.
She slipped down in her seat and pulled the bulky sweater she was wearing round her slim body. On her lap she held a log book; she turned the pages back and began to read the earlier entries. The comings and goings of the residents of the mews were recorded. The young mother, or was she an au pair with a child’s buggy, an elderly man with his black Labrador, a couple of forty-something IC1 males carrying briefcases, probably architects, and a number of young men both IC1 and IC3 who had gone to the print shop and then left the mews. Were any of them Oscar Davenport?
Reluctant Consent Page 15
