by Neil Wild
“Yes, really”, he replied. “In fact he left me his telephone number should we want any help from him.”
“Can we do that.”
“Well the law is that there is no property in a witness. Anyone can talk to the other side’s witnesses, except of course that it doesn’t happen – well I’ve never come across it. But I’m not sure what he knows that can help us.”
“Now, look at this,” Lisa said. “Here’s Black reply. Just read what he says.”
Brakespeare did so.
“Well he’s merely confirming that he will value the properties as an Asset, with the usual disclaimers.”
“Sure, but look at this,” and she read, “However you will appreciate that with the particularly depressed state of the current market, it is no longer possible to ‘guarantee’ a sale within a particular timescale, although the figures will naturally endeavour to reflect the market conditions applicable at the time of the inspection.” and, she continued, pointing to another section of a page. ”Each property will be inspected from the pavement only, and a ‘walk past’ basis. It is assumed that each property is offered in good order, and with no defects requiring attention.”
“ So Black has done neither done a mortgage valuation nor an asset valuation.” said Lisa emphatically.
Brakespeare shook his head slowly. “I really don’t understand this case. How can they bring a prosecution based on Black’s evidence, or if they are, why has this paperwork been included?”
He turned to Lisa. “I don’t like this. You’re stealing my thunder.” He said only half in jest.
Lisa looked steadily back at him.
“This case could be my big break as well as yours.” she said.
“What.”
“I need a chance to show what I can do as much as you do Jonny, well perhaps more. You’re a solicitor with a track record. What am I…?” She looked despondent and shrugged.
“A paralegal, with a law degree.”
“Dispensable.”
“Who’s going to dispense with you? I’m not.”
“They would like me to go.”
“Who’s ‘they’?”
“The other partners.”
“Other, you mean ..?”
“Apart from Gordon.”
“Oh, I didn’t know. No-one’s said anything about your leaving to me.”
“They won’t.
Brakespeare was surprised by this sudden outburst. She obviously did not feel very secure for whatever reason. This was not the time to go into that.
“I was only joking when I said that you were stealing my thunder. You’re not. I have enough to do in this place, and I’m not sure where we would be if you hadn’t done that analysis on the computer; and now this. Lisa, I want you.”
As he said it he was not sure how he meant it. He reached out and took her hand, and to his relief and pleasure she squeezed his back. More than that she leaned over and kissed him gently on the cheek.”
“Thanks Jonny. Sorry, sometimes I feel a bit vulnerable. Forget what I said.”
She looked into his eyes, but then her mood changed back to her professional role.
“Now look at this one”, she said, turning over more pages. “19th July. You just read this.”
Brakespeare did so, out loud once more. It was a letter from Thorpe at Redshaw Linden & Steele to Walters at the National.
“Further to our telephone conversation today, I confirm that we have been approached by a third party, Jonathan Skinner and Associates, a company with whom we have dealt before who on behalf of a client are seeking a portfolio of properties very similar to those recently valued. Accordingly, and in accordance with your instructions, we have sent them a list of properties together with the rents passing and tenure etc., in the hope of arranging a sale of the whole portfolio.
It is appreciated that you are not issuing instructions to sell to us on a blanket basis, however we note that you have agreed to pay a sum of 1% plus VAT for any effective introduction that leads to completion.
As soon as I have heard anything further, I will of course contact you.”
Lisa watched his face closely for his reaction as he read. It was one of pure astonishment.
“Well that’s a load of bollocks.”
“Jonny!”
I’m sorry but it is. ‘We have been approached.” Redshaws have been trying to find a buyer more likely.”
Lisa nodded in agreement.
“That’s what I thought. How would these Skinner people know that there was a portfolio for sale if Redshaws hadn’t told them.”
“And a one percent commission. What’s that on Five or Six Million?”
“Fifty or Sixty Thousand Pounds.”
“Not bad. Did anything come of it?”
“I don’t know. There’s nothing in the bundle about any offer” She turned yet more pages. “However we know that that offer wasn’t accepted. Look here’s a letter from the National to Redshaws rejecting the offer on the 6th August.” She showed him the letter. It was from Walters at the National.
“Having considered the components of their offer, it is with regret that I must advise that it is insufficient to enable me to recommend acceptance, and can advise for your information that a considerable improvement would be required.” Brakespeare read the letter aloud again.
“Is that it?” he asked half guessing that it wasn’t.
“Well look at this handwritten note at the bottom of the letter.”
Brakespeare did. It read “At least we tried” and with the initials “J.B.”
“That’s odd”, said Brakespeare. He turned back through the pages. “You say that this bundle is produced as an exhibit by Martin, but all the letters are copies of originals. They all are written on headed notepaper. Have you got the statement from Mick Martin – Michael Roger Martin, the witness.”
Lisa bent down to the floor and picked up a bundle of witness statements.
“Sure, here it is, but it doesn’t say much.” She folded the bundle over at Martin’s statement and handed it to Brakespeare. She was right. Served under section 9 of the Criminal Justice Act 1987. It began with the required declaration by the witness to the effect that the statement was true to the best of his knowledge and belief, and that he made the statement knowing that if it were tendered in evidence, he would be liable to prosecution if he wilfully stated in it anything which he knew to be false or did not believe to be true.
It was signed by Martin. It simply read:-
“I am the Manager of the Property Fraud Section of the National Building Society.
There is now shown to me a bundle of documents which I now produce marked ‘XS2.”
Brakespeare shook his head in disbelief.
“What’s the matter”, asked Lisa.
“Well, in any case where there are exhibits, they have to be produced, or if you like proved. The way this is done is by a witness, who might say, “On the 25th December I attended at the scene of a reported break in at such and such an address, where I found a red hat with a white bobble on it, which I now produce marked ‘Xmas1”.
Lisa laughed, “I get the message. Martin has produced them, but he hasn’t said where he got them.”
“No, and it looks to me as if this is a made up bundle from more than one source.”
“Which is why we have the originals of letters both from the National and Redshaws.”
“Exactly. If it was a National file we would have the originals of letters received from Redshaws, and only copies of letters sent by the National.”
“What are we going to do, Jonny”. She looked at him almost pleadingly.
“Well, the Prosecution have to make a full disclosure of all documents in their possession, whether they go to proving their case or not. I think we’re going to have to see what they’ve got and ask for copies.” He paused, and thought. “I might make some discreet enquiries myself.” He said, half aloud, thinking of what Joe Gargan had told him.
Li
sa said nothing, but looked at him enquiringly. He was half tempted to tell her of his conversation with Gargan, but that would be letting her know a little more than he wanted, and so he said nothing more on the subject.
“Well Miss Barnes, you have come up trumps once more.” He was pleased to see her blush.
“You’d have found them in time,” she replied looking down at her hands in modesty.
“Yes but it’s time that is the problem, and I’ve got to spend heaven knows how many hours with Newberry, taking his full story. I might not have discovered all this in time.”
He paused again for thought. “Right, how about this. I will take the proof of evidence, that is his statement, from David. If he agrees, you can go through these bundles of evidence with him, and see if he can make any comment on them. In the meantime we’ll do another letter to the C.P.S. about this correspondence and see what they come up with. O.K.”
Lisa nodded her head violently in agreement; a big grin on her face.
“Good, that will help me no end. I know that going through the exhibits is going to be boring, but it has to be done.”
“I don’t mind skivvying.” Lisa retorted. “Do you want to come to my room and get this letter done?”
“What’s the time; Christ it’ s gone six o’clock. O.K. let’s get it written.”
They had been sitting at the desk like two excited children with a new toy, grinning at each other as they talked. Mortimer predictably appeared at the door. He did not know why, but Brakespeare felt guilty. He wanted to put his hands in the air and shout “I never touched her.” He then realised that this was what he wanted to do.
When she was in a happy and excited mood like this, he found Lisa just too inviting. Much more than Mel? Well Mel was different. With her it was just animal instinct. Lisa was someone he wanted to know – very well.
“Working late again?” asked Mortimer in a tone which suggested that it might not be work that was occupying them.
“Another breakthrough” said Brakespeare. “Tell him.” He commanded Lisa.
With confidence Lisa explained what she had found.
“Well that’s it, isn’t it?” said Mortimer. “They’ve hung themselves.”
“Well it might be.” Brakespeare replied. “We still can’t take any chances and that’s why we’re taking full proofs of evidence from Newberry.
“It sounds like a lot of work.” said Mortimer, and Brakespeare could see the pound signs flashing in front of his eyes.
“It will more than pay my keep.” he said boldly.
Mortimer gave a start. “I wasn’t thinking of that.” he lied. “Well it looks as if you’ll have to lock up again, Lisa.”
Lisa nodded. “Just another letter to write while it’s fresh in our minds. We won’t be long”, and she waltzed past Mortimer out of the door and to her office.
Brakespeare and Mortimer looked at each other; each waiting for the other to say something. Mortimer looked as if he wanted to, but then changed his mind.
“Useful girl.” said Brakespeare.
Mortimer looked thoughtfully at him.
“Remember she’s staff” he said.
Brakespeare felt as if he had been hit with a physical blow. Had he made his interest so obvious? He looked Mortimer directly in the eye; trying to smile and appear nonchalant.
“Don’t worry, Mr. Mortimer. I shall not damage the partners’ property.” He was not sure why he said it. However it was Mortimer’s turn to look disconcerted.
“That’s not quite what I meant.” He mumbled. “I’m off now.” he paused. ”and thank you Jonny. Between you, you and Lisa are doing a good job. I know that Gordon would be pleased,” and he moved out of the doorway.
chapter nineteen
Brakespeare found Lisa in her office; her computer at the ready.
“Oh, bugger,” said Brakespeare. “I’ve left that C.P.S. letter on my desk. This one’s not going to go tonight either, so you can look up the references tomorrow.” Lisa nodded.
“Right,” said Brakespeare and he took a deep breath.
“We are in receipt of your letter of…the contents of which we are most disappointed to note.
However we note that in your bundle.”
“XS2” prompted Lisa.
“Reference is made to Redshaw Linden and Steele, the firm to which the prosecution’s expert witness belongs, offering to sell certain properties on behalf of the National Building Society, to a property company, a client of …..”
“Jonathan Skinner and Associates.” Lisa said the name out loud as she typed. Brakespeare continued fluently “and we see that the bundle also consists of original letters from both Redshaw Linden and Steele and the National Building Society, which indicates that the Prosecution are in possession of both sets of file.
We write to enquire whether there are any documents which are in the possession or control of the Prosecution, which do not appear in the bundles of exhibits, and which should be disclosed.
Yours faithfully.
That’s all”
“That’s all?”
“I think so. I might make a phone call.” Said Brakespeare, thinking of Gargan.
Lisa’s eyes widened. “Who to?”
“Not sure I can tell you at this stage
“Oh, come on Jonny.” She opened her eyes as wide as she could and put on her most appealing look. “We’re a team, aren’t we?”
We really could be if you wanted, was what Brakespeare wanted to say, but Mortimer’s words rang in his ears “She’s staff.”
“Sorry, but there are some things outside the office… We all have our secrets.”
Rather to his surprise Lisa merely nodded, if resignedly. “O.K. I expect I’ll find out in due course. Is that it then.”
“Yes, thank God. Gosh I feel knackered.”
“Did you have lunch?”
“No, I skipped it.”
“Then as a reward you can take me out for a meal. Put some energy inside you.”
It was a request that Brakespeare could not refuse. He felt a surge of excitement.
“O.K., “he said, “provided it’s not too expensive. I’m only a worker here like yourself.”
What he didn’t say was that he was finding it difficult making ends meet. He had not been paid yet, and what he did receive would be absorbed by his rent in Milton Keynes, as well as his bed and breakfast in Worcester; then there was the children’s maintenance which was in arrears, and so the story went on.
“How about the Old Rectifying House. It’s a steak house down by the river.”
“That sounds just what I need.” he said.
Half an hour later they were sat opposite each other at a table on the first floor of the restaurant. Brakespeare had decided to treat himself to a 12 oz. Rump steak. “Medium” he had asked. Lisa contented herself with a smaller version. Both had settled for a warming glass of red wine each, and over large glasses were in front of them. Brakespeare had thought of complaining that they only wanted normal size ones, but was ashamed to do so.
“Cheers” Lisa lifted her glass.
“Cheers,” echoed Brakespeare. “To the team.”
“To us.” She replied, and they toasted each other.
Brakespeare thought about what she had just said. He had never been good with small talk, but he needn’t have worried. This was a new Lisa, confident; not diffident, sparkling; not timid. Someone with whom he could talk intelligently, about matters not limited to domestic circumstances; the subject matter of his conversations with Mel.
Of course he and Lisa talked about the office, and the people in it. He had little to contribute, but Lisa, irreverently regaled him anecdotes about the staff.
Brakespeare noticed that she had missed one person out.
“What about Gordon Morrison.”
Neither had ordered a starter, and the arrival of the plates of steak and chips allowed Lisa to compose what she wanted to say. She looked straight into Brakespeare’s eyes as
people do when they want to show that they are not being totally honest.
“He’s very sweet. He’s been very good to me. He’s given me a chance.”
“And one you seem to be making the best of.” volunteered Brakespeare.
“I hope so, I really hope so. I really do want to do well, Jonny.”
“I’ll continue to give you the chance if I can, but you mustn’t expect to walk before you can run. Don’t forget that the buck stops with me on this case – and how!”
“That’s why I want to help.”
“O.K”.
There was a silence, and both concentrated on their food for a few minutes, occasionally glancing up at the other from their plate, and smiling. Then Brakespeare found himself absent mindedly staring at Lisa as he eat.
“Yes, Jonny?” she smiled.
“How well do you know Gordon Morrison?”
Lisa looked sideways, sighed, and nodded her head. “I knew that you would ask me that.”
“Well?”
She put her knife and fork down on her plate.
“Jonny, you have told me about your background. Yours is public. Mine is not supposed to be. Please promise me that you won’t repeat what I am going to tell you to a soul .”
“Promise.” and he smiled.
“No, Jonny I’m serious.” Her look was anxious.
“Lisa, I don’t know what you’re going to tell me, but I really do promise.” He stretched his hand across the table, and was pleased when she took it and squeezed it in acknowledgement. She cut another portion of meat for herself and held it on her fork.
“I didn’t go to the University of the West of England to start with. My family lived in Worcester, Massachusetts and I was luckily enough to get a place at Yale College, which wasn’t a million miles away. I wanted to read law, but in the States, you start off with a general degree, and then take an aptitude test if you want to specialise.”
