Cut_Throat Defence

by Olly Jarvis

  ‘It was you, wasn’t it?’

  ‘Eh? You’ve lost me.’

  ‘It was you. Maisie, you leaked it – her status.’ Jack felt the anger rise up.

  ‘I don’t know what you’re talking about, son,’ replied Finch aggressively.

  ‘GMP must have shared that information with you, as part of the Acer Spears murder enquiry. Maisie worked at Milo’s for a while. Her name would have popped up as a police CHIS.’ Jack knew he was right. ‘They told you, didn’t they? Shared the intelligence. And you leaked it.’ Jack was shaking his head in disbelief. ‘Or maybe you sold it?’

  Finch scoffed.

  ‘Do you know what you’ve done, officer? Do you even care?’

  Finch moved his head to within inches of Jack’s face. ‘You’d better be very careful how you speak to me, sonny,’ he said.

  Jack pushed Finch away.

  Noticing some people entering the corridor, Finch took a step back. ‘Now run along, Kowalski, there’s a good boy.’

  Jack stood his ground. Finch swaggered off, whistling a tune.

  Jack was consumed by rage and hatred; any remaining focus he had on the case was lost.

  Chapter 68

  Lara was waiting for Jack outside court. ‘Katterman’s character witness is probably only good for about three minutes, then it’s us. We can close our case and be done with it.’

  Jack nodded his agreement.

  Time to go into court.

  Aston hurried past, ever the busy junior. ‘Katterman’s character witness and then on to speeches,’ he called out.

  Jack felt a tug on his gown. He looked round and saw a pretty young woman with short brown hair. She wore a skirt and tights, but her Doc Marten boots gave her a slightly anarchic appearance. Her nose was pierced. The militant persona belied a soft, timid voice. ‘Excuse me. Are you Carl Marpit’s barrister?’

  ‘Yes, I am. Can I help you?’

  The girl hesitated for a moment and then took the plunge. ‘I’m Melanie Marpit.’

  Hearing this, Lara immediately led her off into one of the conference rooms, away from prying eyes. Jack’s mind was racing. He shut the door. They had a million questions.

  Lara offered her hand. ‘I’m Carl’s solicitor, Lara Panassai. I’m sorry if this seems rushed, but we have about two minutes to work out what we are doing. Is your dad here?’

  ‘No,’ she replied anxiously.

  ‘Do you know if he’s coming?’

  ‘No. He’s scared. He doesn’t know what to think. I told him I was going to court, that I can’t go on like this.’

  The tannoy sounded. ‘All parties to Court One immediately.’

  Jack cut in abruptly. ‘Are you willing to give evidence?’

  ‘Yes,’ Melanie answered firmly.

  ‘Right.’ Jack flew out of the door, shouting an order to Lara. ‘Take a statement from her ASAP. It would be nice to know what she’s going to say before I call her. I’ll try and buy some time – again.’

  ‘Ignore him, Melanie,’ said Lara. ‘It’s just the pressure.’

  Jack took his place at the very moment His Lordship came into court.

  Katterman proceeded to call his witness, a businessman from Purley’s neighbourhood, attesting to his good character and charity work.

  Bingham had no questions.

  Jack wouldn’t normally go near someone else’s character witness, but he had to buy some time. He stood up as slowly as he could, feeling Katterman’s outrage at his impertinence. ‘Do you have many criminal friends, Mr Jackson?’

  ‘What do you mean?’

  ‘I mean what I said. Do you have many criminal friends?’

  ‘I don’t think I have any,’ he replied.

  ‘Apart from Mr Purley, of course?’

  The witness was perplexed. ‘Mr Purley?’

  ‘Yes, Mr Purley is an illegal tobacco importer, isn’t he?’

  ‘Is he?’

  ‘Yes, he’s been convicted of it. Didn’t he tell you?’

  ‘I think he did mention something.’

  Jack waited to see if the witness would climb into the hole he had just dug for himself.

  He did. ‘That’s doesn’t really make him a criminal though, does it?’

  ‘Oh, doesn’t it? What does it make him, Mr Jackson?’

  Jack sat down, leaving the witness transfixed like a rabbit caught in headlights. There was silence as Mr Jackson glanced awkwardly at Katterman.

  The jury were enjoying the sport. Otterwood couldn’t resist a chuckle. Even Bingham whispered loudly to his junior, ‘Well worth the wait.’

  Katterman was livid. He did not re-examine but dispatched his witness with haste, closing his case on a low note.

  The judge regarded Jack with an increased understanding.

  Jack wondered if he was earning a modicum of respect, at last.

  ‘Mr Kowalski, I had better formally ask you to close your case.’

  ‘Not quite yet, My Lord. I call Melanie Marpit.’

  The name sent shock waves around the courtroom. Bingham raised his eyebrows and whispered to his junior, so that everyone, including Katterman, could hear. ‘We probably wouldn’t have had this headache to deal with, if Lionel had closed his case on Friday.’

  The usher came into court, leading an anxious-looking Melanie towards the witness box.

  Lara crept round to Jack’s side of the courtroom and handed him a piece of paper. It wasn’t a witness statement – there hadn’t been time – more a quick summary of some of the things Melanie would say.

  ‘That’s it?’ muttered Jack. ‘Let’s hope she doesn’t turn hostile.’

  After whispering the oath, Melanie was told by the judge to keep her voice up and direct her answers to the back row of the jury.

  Jack tried to settle her in. ‘Would you like a glass of water, Miss Marpit?’

  ‘Yes, please.’

  The usher poured it into a plastic cup, which she placed on the edge of the witness box.

  ‘I’m going to ask you a little bit about your background, Miss Marpit. I don’t think there is any issue about that. Your father is Carl Marpit, a defendant in this case?’

  ‘Yes,’ she replied. Her voice was shaking.

  ‘And what about your mother?’

  ‘She died when I was young. My dad brought me up.’

  ‘Was he a good father?’

  Her eyes moistened. ‘The best. He was a little overprotective, but it made me feel secure. I had a happy childhood.’

  ‘What does he do for a living?’

  ‘He’s a taxi driver. He drives a black cab.’

  ‘Did there come a time when you moved to Manchester?’

  ‘Yes.’

  ‘Why?’

  ‘I got a place at Manchester University to study medicine.’

  ‘When was that?’

  ‘Two years ago.’

  ‘Your father must have been very proud.’

  A tear rolled down her cheek. ‘He was.’

  ‘How did it all go wrong?’ asked Jack sympathetically.

  Melanie took a deep breath. ‘That’s a difficult question. It had a lot to do with cocaine. I started using it at parties. Before I knew it, I had a five-hundred-pound-a-week habit. After a while it was the only thing that mattered. I couldn’t keep up with my studies and I was thrown off the course.’

  ‘Did you go back to London?’

  ‘Not at first. I was too ashamed. I couldn’t face telling my dad.’

  ‘So what did you do?’

  ‘I got a variety of jobs in the Manchester area, to fund my addiction.’ She paused, then added resentfully, ‘And then I ended up at Milo’s.’

  ‘What is Milo’s?’

  ‘It’s a lap-dancing bar in Salford.’

  ‘Who was your boss when you worked there?’

  ‘It was run by a woman called Lisa. The girls all called her Mrs G. I don’t know her surname.’

  Jack reached behind him. Lara had the sheet of paper read
y. ‘My Lord,’ he said, ‘Can I hand up a copy of a companies search in relation to Milo’s, which shows that the sole director is someone called Lisa Gant? My solicitor is handing copies to my learned friends. I do not anticipate the need to call any evidence formally on the point.’

  The judge surveyed counsel. ‘Gentlemen?’

  Counsel nodded agreement.

  Jack was not finished. ‘I don’t know whether Officer Finch made any enquiries himself in relation to the owner of Milo’s? Your Lordship may recall, I raised this during his cross-examination last week?’

  Officer Finch leaned forward and whispered to Aston. He, in turn, leant forward and whispered to Otterwood, who was clearly irritated by what he was being told, so late in the day, and in front of the jury. He stood up and shared it with the court. ‘My Lord, Lisa Gant is the mother of Elvis Boyle.’

  The judge nodded. ‘Thank you.’

  Jack was delighted – another link in the chain between Marpit and NCA. ‘I am extremely grateful to my learned friend for that disclosure, however late.’

  The judge raised a wry smile.

  Jack now had new impetus. ‘Miss Marpit. Did you ever meet Elvis Boyle?’

  ‘No, never.’

  ‘Did you ever meet Acer Spears?’

  ‘Yes. He worked at the bar, worked the door and looked after the girls.’

  ‘Did you ever provide anyone with information about the activities of any criminals?’

  ‘No, I didn’t.’

  ‘Did you know anything about the activities of some London criminals? People associated with a group known as The District?’

  ‘No, but I used to exaggerate my dad’s connections with the criminal underworld. I knew he’d been in trouble with the police when he was a teenager, before I was even born. He went to school with some people who were in The District.’ Melanie was ashamed. ‘I wanted to fit in with the other girls at Milo’s, and the doormen. They always had coke. So I made out we were really well connected.’ She cast her eyes down at her hands.

  ‘When was the next contact with your father?’

  ‘A few months after I had been at Milo’s. My addiction was completely out of control. I would take anything. I was given as much coke as I wanted by people at work. Then Dad turned up one night while I was stripping. I didn’t know then how he knew where I was. He took me straight to a private detox clinic down south. I stayed there for several months, to get clean.’

  ‘My Lord, the telephone number of this clinic, the Kent Priory, appears on Mr Marpit’s billing records for several months prior to his arrest. The address and phone number is in an admission that I have drafted and can be distributed to the jury.’

  ‘Gentlemen?’ enquired the judge.

  ‘No objection, My Lord.’

  ‘I’m grateful,’ acknowledged Jack. ‘Miss Marpit, are you clean now?’

  ‘Just about.’

  ‘You heard about your father’s arrest in March of this year?’

  ‘Yes, he telephoned me from prison where he was being held on remand.’

  ‘Prior to his arrest did he ever tell you anything about The District, or drugs?’

  ‘No.’

  ‘Or providing information to the NCA?’

  The other counsel held their breath whilst waiting for the answer. They hoped for a ‘no’. Fortunately for them, that was how she answered.

  ‘So did he ever tell you anything about what he was involved in?’

  ‘He said the less I knew, the safer I was. All I knew – know – is that he is very scared for his life. And mine.’

  ‘Why did you come to court today?’

  ‘I can’t hide any more. I thought if I came, Dad would come and we could face this together. I know he isn’t a drug dealer.’ Her voice shook with emotion. ‘That’s not my dad.’

  She was a convincing witness. Unfortunately, it was clear she knew nothing about a link to the NCA. Katterman and Bingham were mightily relieved. They had no questions.

  Otterwood had only one. ‘So can I just get this right, Miss Marpit? Prior to his arrest, your father never mentioned anything to you about his being involved with drugs – or indeed any London-based drug dealers?’

  Melanie was realizing how unhelpful her evidence had been for her father’s case. ‘No,’ she whispered. ‘He never mentioned anything.’

  Jack was disappointed. ‘No re-examination.’

  ‘Thank you, Miss Marpit,’ said the judge, gently.

  Chapter 69

  Skart raised his eyebrows at Jack, who was still on his feet. ‘Well, Mr Kowalski, are you going to close your case?’

  Jack couldn’t bring himself to do it. That would be the end ‒ guilty.

  Silence.

  ‘Mr Kowalski? I won’t ask you again.’

  ‘My Lord, I would ask…’ He stopped, thinking about the danger to his father, then, remembering his duty to defend the client without fear or favour, he steeled himself. ‘I would ask that Officer Finch be recalled. That the prosecution tender him for further cross-examination.’

  Skart sighed.

  Otterwood wasted no time. ‘This is becoming ridiculous, My Lord. A circus. My learned friend has already had ample opportunity to ask the officer questions, which went nowhere.’

  ‘My Lord,’ interrupted Jack. ‘There is now new evidence concerning Mr Boyle’s mother, as well as Melanie Marpit’s evidence linking her to Milo’s. The defendant is absent and unable to provide instructions. In my respectful submission, I should be allowed to pursue every avenue.’

  The judge acquiesced. ‘I’ll allow it. Mr Otterwood, are you prepared to tender Mr Finch?’

  ‘No, My Lord. The defence can call him as part of their case if they wish.’

  The jury were fascinated by the exchange.

  Jack got back to his feet. ‘My Lord, I can’t cross-examine my own witness. It would be a very sterile exercise. In the interests of justice, I would ask for some latitude from the Crown. After all, I know Mr Otterwood wishes to see justice done.’

  Backed into a corner in front of the jury, Otterwood agreed. ‘Oh, very well. I recall Officer Finch for cross-examination by the defence.’

  As Finch made the journey to the witness box, Lara pulled madly at Jack’s gown. ‘What do you think you’re doing? You’ve got nothing to put to him!’

  ‘There’s more here. I’ve got to get to the bottom of it,’ replied Jack, in desperation.

  Lara’s raised whisper attracted the attention of counsels’ row, but she continued. ‘You’ve already taken chances with this witness, if you put anything else to him without a foundation to support it you’ll be disbarred!’

  The warning fell on deaf ears. Jack turned to face the witness as Skart reminded Finch, ‘You are still under oath, officer.’

  Finch appeared relaxed.

  But all Jack’s instincts told him there was something to find. ‘Officer, Acer Spears was your CHIS, as you’ve already told us.’

  ‘Yes.’

  ‘You’ve also told us that when you were getting this intelligence you knew nothing about Mr Marpit providing information to anyone.’

  ‘That’s right.’

  ‘Knew nothing about someone called Melanie Marpit working at Milo’s?’

  ‘Correct.’

  ‘Knew nothing about Boyle’s connection to Milo’s?’

  ‘Yes.’

  ‘Had no idea where Mr Spears was getting his information from?’

  ‘Correct.’ Finch was holding his ground but had no idea if the young advocate was holding any aces.

  ‘Officer Finch. Do you remember a mention hearing on a Friday, just before the trial started, over a week ago?’

  ‘Yes I do.’

  ‘Of course you do. Because you were there. And you must have heard me telling anyone who would listen that Marpit was providing information to the National Crime Agency?’

  ‘Yes. And I knew he wasn’t.’

  ‘Well, what do you think any NCA officer, in charge of an
investigation of this size and importance, would do after that hearing finished?’

  ‘I don’t know.’ Finch wondered where this was going. So did everyone else.

  Jack continued. ‘They would have gone straight to their CHIS – Acer Spears – and asked him. “Did your intelligence come from Carl Marpit? His counsel is making all sorts of claims on Mr Marpit’s behalf.” They would have said: “We have to know the truth, Mr Spears.” Did you do that, Officer Finch?’

  ‘Mr Spears was killed on that Friday.’

  ‘Late Friday evening, in fact. You had plenty of time. But you didn’t, did you, officer?’

  Finch didn’t reply.

  ‘I’ve got all the RIPA contact sheets. There’s no record of you ever making contact by phone or in person prior to his death – or attempting to. Why not?’

  The tension in the courtroom was increasing. The jury, in particular, were keen to hear Finch’s explanation.

  ‘I just hadn’t got round to it. I should have.’

  ‘Hadn’t got round to it?’ Jack tried to sound incredulous. ‘What else was more pressing on Friday night?’

  ‘Nothing I can think of,’ Finch mumbled.

  ‘I’m sorry, I didn’t get that answer,’ interjected the Judge.

  ‘Nothing, My Lord,’ repeated Finch.

  Jack paused for a moment, knowing the next question could end his career. ‘You didn’t ask Spears that night, officer, because you already knew the answer. Knew the information was coming, ultimately, from Carl Marpit!’

  Skart exploded. ‘You needn’t answer that, officer. I hope for your sake you have some evidence to back up that accusation, Mr Kowalski?’

  Jack knew he didn’t. Time to take a massive gamble. Ignoring the judge, he continued. ‘My instructing solicitor was very busy last night, officer.’ Jack half turned to Lara. ‘She traced a witness called Clive Walsh.’

  The name caused a tiny jolt in Finch’s posture. His eyes scanned the courtroom. No sign of him – but he knew a civilian witness would have to wait outside. Was it a bluff?

  ‘You know who he is, don’t you, Officer Finch?’

  ‘Yes. A solicitor. He’s well known in Manchester.’

  ‘Very close to Elvis Boyle, isn’t he?’

  ‘Well, I know he has acted for him in the past.’ Finch and Jack were fencing now.