Unravel a Crime - Tangle With Women

by Neil Wild

  “Oh.” Brakespeare didn’t really know what to say next. Lisa continued.

  “He’s not too keen on him either, as a person, but he says that he’s a damn good lawyer, and, as you’ve discovered he’s Gordon’s wife’s brother.

  There was a silence as Brakespeare tried to assimilate all this. Morrison seemed to be happy to give away a lot of personal information to Lisa.

  The conversation was interrupted with a knock at the door, and Mortimer entered. He looked enquiringly at Brakespeare and Lisa.

  “So you’re back.” he said, stating the obvious. ”How did you get on?”

  “I was about to tell Lisa. OK. I think Breezie has reluctantly taken the point that we have to try and get this case thrown out. He says we’ve got to use a silk and has recommended someone from his chambers, a Geoffrey Blaker.”

  Mortimer nodded. “I’ve heard of him.”

  “It would have been nice if someone had told me that Breezie was Gordon Morrison’s brother in law.”

  “Oh didn’t we?” Mortimer was not a good actor.

  “No you didn’t”, said Brakespeare, and had the pleasure of seeing Morrison blush.

  “Oh, well I apologise. How did you get on with him?” Mortimer asked, hastily moving the conversation on.”

  “I’m afraid I nearly punched him on the nose.” Said Brakespeare, evenly.

  Mortimer looked suitably shocked.

  “He tried to accuse me of negligence in giving our defence away to the prosecution by our letter.” He was careful to emphasis the word “our.”

  “Well I can’t agree with that, but I suppose he was doing what he regarded as his professional duty to the client. You’ll find Philip can be a bit prickly, and he’s a stickler for following the rules and etiquette.” He lowered his voice conspiratorially.” He wants to apply to go on the Bench in a year or two, and so he’s careful to be squeaky clean. I think he overdoes it sometimes, but that’s Philip.”

  “He wants to be a Judge? Well I’d hate to appear in front of him. Christ, make him a judge and we might all as well give up.”

  “Well he has the right background.”

  “Battersea Grammar and Keele.”

  “Oh, you know?” asked Mortimer with surprise.

  “Lisa just told me.”

  Mortimer stole an unfriendly glance at Lisa. “Well yes, that’s the sort of “working class” chap that the Justice Secretary says he wants on the Bench these days. I’m not sure that the Bar does though. Anyway, the reason I came in was this,” and he proffered Brakespeare a letter he had been carrying. “It came in the second post after you had left to collect David, this morning. It’s from the C.P.S. Not good news I’m afraid.”

  Brakespeare unfolded the letter on Ludgate Hill, C.P.S. Notepaper. After the usual formalities, it began:-

  I wish to comment as follows:-

  As with all cases prosecuted by the Fraud Division of Headquarters casework, this case has been considered with great care and Counsel were instructed at an early stage to advise and prepare the case for transfer.

  Your comments as to the valuations are noted, but we would wish to point out that it would take but a cursory understanding of the papers to have reached the conclusion that the Crown’s case against your client does not rest on valuations alone

  I feel sure that you are aware that the Criminal Justice Act 1987 allows for submissions by the defence at the appropriate time.

  Accordingly I look forward to hearing from you with any application to dismiss in due course.

  Yours Faithfully

  Enid Crawford (Mrs)

  Senior Crown Prosecutor.

  Brakespeare handed the letter to an enquiring Lisa, who had obviously not been favoured with a previous disclosure. He allowed the time she took to read it to collect his thoughts, while Mortimer watched him anxiously.

  Lisa put the letter down on the desk and looked at both men.

  “Well, what do you think” asked Mortimer.

  Brakespeare thought carefully, and then spoke slowly. “Well firstly, I don’t think that she has read the file. The fact that Counsel were instructed “at an early stage” indicates that they weren’t too sure about the case. Secondly I don’t think that she herself understands the case. The National valuations must be a central issue, because if they were not faulty, then what crime has been committed? I just don’t understand this letter, and I don’t believe that Enid Crawford (Mrs) understands the case!”

  “Well, I don’t have your detailed knowledge, but from what you have told me, that is the conclusion I came to also.”

  Lisa looked surprised when the two men looked at her for a contribution. She simply nodded her head in agreement.

  “Well after what Breezie said, there’s no point in writing to ask them what that evidence is. Better send a copy to Breezie, and a copy to David.” said Brakespeare.

  “ Can you see to that?” he asked Lisa. She took the letter out of the room.

  Brakespeare walked round to the other side of the desk, and sat in his now vacated chair. The seat felt comfortingly warm. Mortimer sat opposite.

  “Well I suppose that the worst case scenario is that we’re no further forward? ” said Mortimer.

  Brakespeare nodded, “Except that we’re going to use a Silk, and hopefully make Newberry’s application to dismiss. I also think, from that letter, that the C.P.S. are not sure about this case.” Remembering what Joe had told him, he continued.

  “In fact, I’m pretty sure that they’re unsure. There are the references to David’s early interest in Clearfield, but what have they got – a reference to a “settlement” and a note from someone to say that his share should be anonymous? Of course there may be something else in all these papers…”, he gesticulated to the bundles against the wall, “but even so, I still think that everything turns on whether or not these valuations were dodgy, and that’s what we’ve got to concentrate on, unless you have any other ideas.”

  “No, I’m leaving it to you Jonny. I can’t see anything wrong with your reasoning. However I think that you should ring David, rather than just send him the letter.”

  Brakespeare’s face fell and he groaned inwardly.

  “Jonny, he’s very low. Keep the client happy. It saves complaints. You should know that.”

  Brakespeare nodded. “I know. O.K., ” and he reached for the telephone as Mortimer left.

  “David?” he asked as Newberry answered.

  “Jonny” came the reply.

  “I’m afraid that I’ve come back to the office to some not totally unexpected news. A letter came in from the C.P.S. while I was out, basically saying that they were going on with the case, and that it does not turn wholly on the valuations. Lisa’s copying it at the moment to send to you in tonight’s post.”

  “Oh, alright.” was all that Newberry said. Instead of an angry Newberry, he seemed surprisingly relaxed.

  “In fact”, Newberry continued, “I’ve just put the phone down on an old contact from the National. Mick Martin is a former police sergeant in the Fraud Squad who was appointed Manager of the Property Fraud Section at the National. He rang me this afternoon when we were in Birmingham, and I’ve just returned his call

  Apart from telling me that he has been suffering with cancer, and has had a testicle removed, he wondered how I had been getting on. He has now retired, but has maintained contact with a Malcolm James who heads the society's Special Investigation Department James has said that he understood the case ‘to be falling apart as far as the National was concerned’, and that it was unlikely to proceed on the basis originally envisaged.”

  “Really? Are you saying that the letter has had something to do with it? Would the C.P.S. confide in James.”

  “Well Mick he says that both he and James have made statements, although they are just routine ones producing documents. He also said that he had been ‘put on standby’, or words to that effect, as a witness, and he had told the police, or whoever advises witnesses
of such things, that as far as my involvement is concerned, the proceedings are ‘a complete and utter waste of time’, and that he felt he would make a better witness on my behalf than he would be for the prosecution".

  “Good Heavens”, said Brakespeare. He was thinking back to the conversation with Joe. Perhaps the Prosecution did see this as a really weak case, despite the bluff from Enid Crawford. Perhaps the case would collapse if they continued digging away at it’s foundations. The trouble was that neither Breezie nor Geoffrey Blaker QC could use any of Newberry’s information in Court in any way. Opinions were not evidence.

  Newberry continued “Maybe Martin developed a skill for character assessment during his police days!! Certainly when he joined the National, he came to me on a regular basis for advice on property matters, and generally used me as a 'sounding board'. He says that over the next few weeks and months he will be a) recovering from his operation; b) undergoing chemotherapy;, c) going on a golf trip to Ireland; and d) going on holiday to Australia and the Far East - again playing some golf! Can we use him as a witness.”

  “Witness as to what?”

  “Well my good character.”

  “If he is to be called by the Prosecution as a witness, then I suppose we could ask him about your character. There’s nothing to stop us doing that.”

  “No, I mean at the application to strike the case out.”

  “No, that application is made on the basis that there is no case against you. Your being of good character has no bearing on that.”

  “Oh, O.K., but if you need him I have his phone number and address. He’s currently working part time on fraud investigations for the Portland Building Society.”

  “David, if we are successful in the application, we shan’t need him. Nice to know though that they think the case is falling apart.”

  “I think that’s down to you, Jonny.” It was the first compliment Newberry had ever paid him. “I do appreciate all that you’re doing, and I know I’m a pain in the arse.”

  “All part of the service.”

  “So take this number will you. You never know, you might need it.”

  “If you insist.” And Brakespeare took down a number.

  “See you tomorrow.”

  “What?!”

  “I’ve spoken to Margaret. See you to start work on my statement at 11.00 tomorrow.”

  The line went dead. On cue, Margaret re-entered.

  “I was going to tell you that…”

  “Mr. Newberry will be coming in to see me at 11.00 tomorrow.”

  Brakespeare was not a little annoyed with Margaret. It seemed that the tail was beginning to wag the dog.

  “Is that in order?”

  “No. Did Mr. Breezie tell you that I was to take a detailed proof of evidence from Mr. Newberry.”

  “Yes.”

  “So how am I going to do that before I have sorted out all the other work I have to do.” He gestured to the general litigation files waiting for his attention. He had made very little inroad into them

  There was a silence. Margaret was unsure what to do next. Obviously Gordon Morrison was more malleable.

  “Well, there’s nothing I can do about it now without seeming stupid in front of Newberry. Margaret, will you promise me one thing.”

  “Yes, Mr. Brakespeare?”

  “In future do not make any arrangements which affect me without my prior approval.” He smiled as he spoke, but he knew that Margaret would take it quite badly.

  “Very good, sir.” It was the first time she had called him that. ”It’s well past 5.30, and so I will be going now if that’s in order.”

  Brakespeare nodded, wondering if he should have said what he did.

  Margaret made her exit, and in came Lisa once more. She glanced at Margaret and a look of satisfaction filled her face.

  “Oh, dear, you made her cry,” she said without any sympathy, and handed Brakespeare the C.P.S. letter back.

  “First you dislike Breezie, now Margaret. Are you in a mood or something today.?”

  Lisa swivelled her hips making her skirt swirl from side to side. “Maybe yes, maybe no.” she pouted.

  “Well then, it’s a good job it’s time to go home.”

  “Not yet Mr. Brakespeare. I’ve something to show you.”

  Brakespeare was about to say something when Lisa anticipated him. “No nothing like that ” she said.

  “I never said a word.” protested Brakespeare.

  “You didn’t have to, she said darkly. “Anyway what I was going to tell you before you had a go at me for unloading the boxes, was that I have found something else.”

  She sat down at the opposite side of the desk and reached for a thick bundle of papers on the desk.

  “Can’t it wait?” pleaded a weary Brakespeare.

  “Have you anywhere better to go. A hot date?”

  This was a new Lisa. A confident Lisa. A more forward Lisa than the dreamy person he had first met. Feisty. In fact a bit like Mel.

  “Now look here” she said, and then seeing that the file of papers was upside down as far as Brakespeare was concerned, said “I’m going to have to come and sit next to you.”

  Brakespeare could not tell whether she was being flirtatious, and so he merely raised an eyebrow and showed patience as Lisa manoeuvred her chair to his side of the desk. He moved along to make room for her, and was pleased when she placed her chair as close as possible to his.

  Nonetheless he was feeling tired after the journey to Birmingham and the stress of the conference, and really hoped that whatever it was that Lisa had found, would wait.

  “Now, this,” and she turned to the front page, “is Volume XS2 of the Exhibits, and as you see it contains 389 pages. What these consist of is correspondence between an M. K C Walters, the Manager of Special Financial Services, Commercial Lending Department of the National Bank and Redshaw Linden & Steele.”

  “Black’s company.”

  “Look, here’s the first letter. It’s not addressed to Black but to someone called Thorpe, asking him to value a ‘Portfolio of Tenanted Properties, North London.’. Later it says that Walters and someone called Maddison are joint receivers of the properties. I don’t understand that.”

  “Well when a property is repossessed by a mortgage lender, someone has to manage the sale of it, and so someone, or as in this case because there are a number of properties more than one person, is appointed as what is known as a receiver, and he has power to effectively do what he wants with the property in order to try and recoup whatever is owed to the mortgage lender.”

  “Right well look, here they are asking Redshaws to value what must be all the Clearfield properties.”

  “Christ, look at the agreed fee. Six Thousand bleeding pounds”

  “I thought you’d like that. But look at this. The letter encloses another letter which is the National’s ‘Standard Valuation Instructions.’ You said that you’d like to know what Black’s instructions were.”

  She turned the page over.

  “See anything?”

  Brakespeare read what was obviously a standard pro-forma letter. He shook his head to try and clear his brain.

  “Seems pretty standard to me.”

  “What about the third paragraph?”

  “What about the third paragraph?”

  “Read it.””

  Brakespeare sighed and read the paragraph out loud.

  “Your valuation should be carried out in accordance with the Statement of Asset Valuation Practice and guidance notes issued by the Royal Institution of Chartered Surveyors and inter alia should address the following matters:-

  1. details of location, accommodation and current planning position in relation to each property.

  2. Your comments as to the tenure of each property and the likely new rental levels on review, both to existing or new tenants

  3. An open market value of each property sold with the benefit of the current tenancy arrangements.

  4. Th
e open market value of the property, assuming that vacant possession were available as at today’s date

  5. An indication of the most beneficial method and timing of sale (i.e. auction, sale by private treaty), together with suggested reserve or asking prices.

  Your report should include full details of the parameters used in preparing the valuation and any assumptions which have had to be made.”

  “Well that seems comprehensive enough.”

  “Oh, Jonny, wake up. Can’t you see the obvious difference between what Black is being asked to do here, and what David and his colleagues did?” She excitedly shook his arm as she spoke.

  “Sorry it’s been a long day. What is it?”

  “Well David was doing a mortgage valuation, and the case against him is that he overvalued for mortgage purposes. Here Black is being asked to value them as an asset, which I don’t think can be the same thing.”

  Brakespeare suddenly sat up in his chair. He felt a flow of adrenalin, and his brain became sharp once more.

  “That’s odd, I wonder how these letters got in the Exhibits. If Black is being paid six grand a shot to do valuations, then he’s hardly the Prosecution’s Independent Expert Witness. Who is the witness who refers to this exhibit.”

  “Just a routine witness, a man called Michael Roger Martin, who is something to do with the National’s own security department.”

  “Was” corrected Brakespeare.

  “Do you know him?” Lisa’s eyes widened.

  “No, but Newberry does. When I spoke to Newberry just now, he told me that he’s received a phone call from him to say that the case is falling apart.”

  “Really!” Lisa’s face was but inches from his and Brakespeare longed to plant a kiss on her open mouth. What he really wanted was more of the sexual magic that Mel had given him, but which unfortunately Lisa showed no signs of offering. On the other hand, her excitement was infectious..