Calling Down the Storm

by Peter Murphy

  Webb bowed his head.

  ‘Thank you, sir.’

  ‘You had no way of knowing what might happen, did you?’

  ‘No, sir.’

  ‘But in fact, Henry Lang was entirely passive, wasn’t he – saying nothing, doing nothing, offering no resistance when you disarmed him?’

  ‘That’s correct, sir.’

  ‘In the course of your long experience as a police officer, had you ever, before this, known someone in his position – apparently caught red-handed having committed a serious offence – not to react at all when confronted or arrested?’

  ‘No, sir. It was a first for me.’

  ‘Are you now aware from the medical evidence that he was in a state of clinical shock when you found him?’

  ‘So I am given to understand.’

  ‘Shock which required medical treatment and a short stay in hospital?’

  ‘Yes.’

  ‘Henry Lang is a man of previous good character, isn’t he?’

  ‘Yes.’

  ‘So that the jury will understand, when we say that someone is of previous good character, we mean that he has never been convicted of any criminal offence?’

  ‘That is correct, sir.’

  ‘And as a result of your inquiries, you were able to establish that Mr Lang is the owner of a very successful garage business in Islington, specialising in the repair and maintenance of high-end cars, including foreign imports?’

  ‘Yes, sir.’

  ‘Do you know, or do you know of, the man Daniel Cleary, otherwise known as “Danny Ice”?’

  ‘I know of him, sir, yes.’

  ‘Is there police intelligence about Daniel Cleary?’

  Andrew began to push himself to his feet.

  ‘My Lord –’

  ‘I’m not authorised to make public details of police intelligence,’ Webb replied. ‘It would be for more senior officers to decide whether that would be appropriate.’

  ‘The police are entitled to keep intelligence confidential,’ Andrew added.

  ‘All right,’ Ben said. ‘Let me try it this way. Is Daniel Cleary reputed on the street to be high up in the chain of command of an organised crime ring, people who supply hard drugs – heroin and cocaine – who lend money to people who wish to buy drugs at extortionate rates of interest, and who have violent methods of making sure the debts are repaid?’

  Andrew hovered for a second or two before resuming his seat. Webb looked at him, offering him a chance to object, before he replied. Andrew remained in his seat and shook his head.

  ‘Yes, sir, I am aware of that reputation. I’m not sure quite how high-ranking he is; I don’t think we are talking about the very top, but he is certainly reputed to be an influential player.’

  ‘Thank you. Daniel Cleary also has a number of previous convictions, doesn’t he?’

  This time, Andrew did spring to his feet.

  ‘My Lord, that is not a proper question. Daniel Cleary is not here to defend himself, and whether or not he has previous convictions has no relevance to this case.’

  ‘On the contrary, my Lord,’ Ben replied. ‘It is of considerable relevance. Mr Lang will say that Daniel Cleary had threatened him –’

  ‘I would prefer that my learned friend not give evidence –’

  ‘I’m not giving evidence. I’m simply trying to show the court why this line of inquiry is relevant. I offered to do so in the absence of the jury, but your Lordship appeared to think that it was unnecessary…’

  Ben stopped abruptly. Mr Justice Rainer did not seem to be listening. He was staring vacantly up at the ceiling. Ben noticed that the jury were also glancing in the judge’s direction.

  ‘My Lord, again, if your Lordship would like me to explain in detail…’

  The judge stood.

  ‘I do apologise,’ he said. ‘I’m not feeling very well today. We will take a break, members of the jury.’

  He rose without another word, left the bench, and made his way to his chambers.

  Andrew looked at Ben.

  ‘Detective Inspector, don’t discuss your evidence with anyone during the break,’ he said, loudly enough for the jury to hear as they were leaving court.

  ‘No, sir.’

  Andrew made his way over to Ben’s side of counsel’s row.

  ‘The judge seems to be a bit off his game today, Ben, doesn’t he?’

  ‘That’s putting it mildly.’ Ben replied. ‘Why didn’t he just send the jury out for a few minutes, instead of going on and on about Cleary? I tried to tell him.’

  ‘He’s been acting strangely ever since we started,’ Jess added. ‘I’ve been watching him. There’s something the matter with him. It’s almost as if he’s somewhere else, not here with us at all.’

  ‘He’s been a spectator so far,’ Barratt added.

  ‘Well, we’ll have to pay attention to the summing-up,’ Andrew said. ‘God knows what he might come out with. It’s bad enough that it’s his first criminal trial, without having him not paying attention.’

  ‘It’s not his fault that he’s not feeling well, Andrew,’ Jess protested, ‘and at least he’s told us about it.’

  ‘Perhaps so, but I don’t think any of us wants to do this case all over again,’ Andrew replied. ‘If there’s a chance he can’t continue, it would be better if he told us now.’

  Barratt shook his head.

  ‘He doesn’t look ill to me. He just can’t concentrate for some reason. Perhaps he ate something that didn’t agree with him, or perhaps he had a late night at some bigwig’s party in the City. It’s an occupational hazard for Old Bailey judges, isn’t it?’

  ‘If so, he will have recovered by the time he has to sum up,’ Ben said.

  ‘Well, let’s hope you’re right,’ Andrew said. He dropped a document on top of Ben’s notebook.

  ‘What’s this?’

  ‘Daniel Cleary’s antecedents. You might as well have them. I don’t think I’m going to talk Rainer into keeping them from the jury. The last three convictions are probably the ones you want.’

  Ben picked up the antecedents and flipped through them quickly. He smiled.

  ‘Yes. I see what you mean. Thank you.’

  ‘Do you mind if I talk to Webb, just to tell him I’ve given them to you?’

  ‘No, of course not.’

  Geoffrey was approaching.

  ‘Sorry to disturb you, Mr Pilkington, Mr Schroeder, but the judge said to let you know that he will not resume until after lunch. He’s released the jury until 2 o’clock, and you’re also released.’

  Andrew exhaled loudly.

  ‘Thank you, Geoffrey. Please tell the judge we hope he feels better by then.’

  ‘I will, sir,’ Geoffrey replied.

  51

  ‘Detective Inspector, before lunch I was asking you about Daniel Cleary’s criminal record,’ Ben began. ‘Do you now have a copy of his antecedents in front of you?’

  ‘I do, sir.’

  Mr Justice Rainer seemed to have regained some of his colour and poise during the lunch break. He had apologised again to the whole court, and hinted at a stomach upset. Andrew had assured him of the entire court’s best wishes for a quick recovery, and had recalled DI Webb to the witness box.

  ‘Is he now a man of 39 years of age, and does he have a total of 12 convictions recorded against him?’

  ‘That would seem to be correct, sir.’

  ‘I’m not going to go through them all. In 1964, at this court, was he convicted after a trial of causing grievous bodily harm with intent, and was he sentenced to imprisonment for four years?’

  ‘Yes, sir.’

  ‘Being released after serving two-thirds of that sentence in 1967?’

  ‘Yes, sir.’

  ‘In 1968, at Middlesex Quar
ter Sessions at the Guildhall, did he plead guilty to two offences of demanding money with menaces, and was he sentenced to 18 months imprisonment, being released in 1969?’

  ‘Yes, sir.’

  ‘And last year, at the Inner London Sessions House, having pleaded guilty to one count of assault occasioning actual bodily harm and one count of being concerned in the supply of a controlled drug, namely heroin, was he sentenced to a total of nine months imprisonment?’

  ‘Yes, sir.’

  ‘Thank you, Inspector. Lastly, I want to ask you a few questions about Susan Lang. You gave evidence earlier that you recovered her handbag from the scene at Harpur Mews.’

  ‘That’s correct.’

  ‘Did you examine the contents of the handbag?’

  ‘Yes, sir.’

  ‘And among other items, did you find an address book?’

  ‘I did, sir.’

  ‘In that address book, was there a telephone number known to police to be associated with a man called Tommy McMahon?’

  ‘Yes, there was.’

  ‘And is Tommy McMahon a known associate of Daniel Cleary?’

  ‘Mr McMahon was convicted together with Mr Cleary of the two offences of demanding money with menaces at Middlesex Sessions in 1968, and I understand that they continue to associate together.’

  ‘Did you also find in Mrs Lang’s handbag a small plastic bag containing a white powder?’

  ‘Yes, I did.’

  ‘Was that powder sent for analysis?’

  ‘Yes, sir.’

  ‘Please tell my Lord and the jury what the analysis showed.’

  ‘The analysis showed that the powder contained approximately 3.88 grams of cocaine, having a purity of just under 40 per cent.’

  ‘I see. Detective Inspector, during your many years as a police officer, have you had some experience of dealing with drugs, including cocaine?’

  ‘Considerable experience, sir.’

  ‘When we refer to the purity of a quantity of cocaine, what do we mean by that?’

  ‘By purity, we mean the extent to which the powder is actually composed of cocaine itself. When the drug is supplied from a source close to the top of the chain of command, it will be of a very high purity. But it won’t find its way on to the street in that condition. As it moves down the chain of command, each wholesaler and retailer will adulterate the powder, so as to reduce the purity. This is known as cutting the drug, and it is done by adding so-called cutting agents, which are hopefully otherwise harmless substances, such as baking soda.’

  ‘Presumably, that has to do with each wholesaler or retailer in turn trying to maximise his profits?’

  ‘Exactly. They then have a greater quantity of powder to offer for sale, but of course, it is less pure in terms of the percentage of cocaine.’

  ‘By the time the cocaine hits the street, what would the average purity be?’

  ‘I can’t answer that. It depends very much on the history of that particular batch, how many times it has been sold on, and so on.’

  ‘Would a purity of almost 40 per cent be usual or unusual at street level?’

  ‘It would not be unknown, but I would say it would be relatively unusual.’

  ‘Unusual because it is on the high side, or the low side?’

  ‘The high side.’

  ‘Thank you. Now, let me ask you about the quantity. When police seize a quantity of a drug such as cocaine, do they always consider whether it could be for the personal use of the person in possession of it, or whether it is more likely to be a commercial quantity, indicating that the person in possession might have intended to supply it to others?’

  ‘Yes, of course. That’s a basic consideration, before we can decide what to charge him with. It’s an offence to possess the drug in itself, but obviously if he is part of a chain of supply, it is a lot more serious, and the higher up the chain of supply he is, the more serious it becomes.’

  ‘In the case of the cocaine found in Mrs Lang’s handbag, you had a quantity of 3.88 grams with a purity of almost 40 per cent. What conclusions did you draw from that?’

  Webb paused.

  ‘Well, it could possibly have been for personal use. When cocaine is sold on the street, it’s generally sold in quantities of about 0.2 of a gram, so she’s carrying a quantity with a fair street value, and your first thought is lower-level commercial supply. On the other hand, many dealers give a purchaser a discount for buying in bulk, as you commonly find in any business, legal or otherwise. So you can’t rule out the possibility of this quantity being for her personal use. But when you consider the purity, and when you consider her financial situation, being unemployed and separated from her husband, it becomes more likely that some element of supply was involved.’

  ‘In fairness,’ Ben said, ‘she wouldn’t have been anywhere near the top of the chain of supply, would she?’

  Webb shook his head firmly.

  ‘No. Certainly not. I would say we are looking at two possibilities. One, she bought in bulk on behalf of some friends, or to share with friends, and intended to pass some of it on; not to make a profit necessarily, but to be reimbursed and perhaps make a few quid to fund her own habit. Two, she was running a low-level street business as a runner for someone higher in the chain, and was paid a commission for her services by that person.’

  ‘Someone like Daniel Cleary?’

  ‘Perhaps. But we haven’t investigated her activities in any detail, so anything beyond identifying those two possibilities would be no more than speculation.’

  ‘Thank you, Inspector. Lastly, when officers searched Mrs Lang’s car, did they find a cigarette butt which contained a mixture of cannabis and tobacco?’

  ‘Yes, sir.’

  ‘And when they searched her flat, did they find a small quantity of herbal cannabis consistent with personal use?’

  ‘Yes, sir.’

  ‘In the flat where she presumably would have lived with her two children if she had been granted custody by the High Court?’

  ‘Presumably, sir.’

  52

  ‘My Lord, I now call Dr Cedric Harvey,’ Andrew said.

  Andrew had offered to call DS Raymond and PC Williams, but Ben was satisfied with his cross-examination of DI Webb, and saw no need to expose the jury to more evidence about the gruesome scene at Harpur Mews. They were released, to remain on call in case they might be required later.

  Dr Harvey was tall and thin, dressed in a light grey pin-striped suit, a white shirt, and a red tie. He carried a thick file folder. He put on reading glasses to take the oath.

  ‘Dr Harvey, would you give the court your full name?’

  ‘Cedric James Harvey.’

  ‘Are you a medical doctor by profession?’

  ‘That is correct.’

  Ben stood.

  ‘My Lord, there’s no dispute about Dr Harvey’s credentials. My learned friend can take it quite briefly.’

  ‘I am much obliged. Taking it briefly then, Dr Harvey, did you read medicine at Cambridge University, did you do your residencies at Guy’s Hospital here in London, and have you been practising as a doctor, and teaching younger doctors and medical students, for more than twenty-five years?’

  ‘I have.’

  ‘And have you, during that time, acted as a consultant at a number of teaching hospitals, not only in this country, but also in Canada?’

  ‘That is correct.’

  ‘Do you have a particular speciality or specialities within the field of medicine?’

  ‘I have a dual speciality in neurology and psychiatry.’

  ‘Could you tell us what those terms mean?’

  ‘The formal definitions are: that neurology is the study of the anatomy, functions, and organic disorders of the nerves and the nervous system; whereas psychiatry is the study a
nd treatment of mental illness, emotional disturbances, and abnormal behaviour.’

  ‘Doctor, please explain to my Lord and the jury in what way those two disciplines are related.’

  ‘Well, they’re not related as such, but they are often of interest to doctors at the same time in a particular case. It often happens that patients present with symptoms which could either have a neurological cause or a psychiatric cause. It’s essential to diagnose correctly before the proper treatment can be identified, so you can’t make assumptions; you can’t jump to a psychiatric cause without first eliminating the possibility of neurological injury.’

  ‘I see. I want to ask you in particular about clinical shock. Is shock a matter of interest to a doctor in your fields?’

  Dr Harvey laughed politely.

  ‘Clinical shock is a condition of interest to any doctor. It’s a potentially life-threatening condition, which must be identified and treated promptly and correctly.’

  Andrew smiled.

  ‘Perhaps I should ask you first, then, what shock is.’

  ‘Shock itself is simply a condition the body finds itself in when the flow of blood is suddenly reduced or interrupted, resulting in a lack of blood flow to the body’s cells and its vital organs. It can be a serious condition, which may result in extensive damage to the internal organs, or even death, if not diagnosed and treated promptly.’

  ‘What are the possible causes of shock?’

  ‘There are any number of possible causes. If I could just name some of the most common: shock may occur as a result of cardiac arrest or heart failure; as a result of an infection of some kind; as a result of an allergic reaction to some substance, including medications; or as a result of some damage to the nervous system.’

  ‘What symptoms may the patient experience?’

  ‘Depending on the degree of shock, it may be simply a visible agitation; or sensations of faintness, dizziness, confusion, disorientation and so on. There may be chest pains, difficulty in breathing, a weak pulse, and of course the patient will almost certainly present with low blood pressure. In a serious case, there may be a loss of consciousness.’