Cut-Throat Defence: The dramatic, twist-filled legal thriller

by Olly Jarvis

  ‘Yeah. It was easy to get back in with the lads ’cos of our history. They loved the fact I was a cabbie. Perfect cover. They would use me to deliver coke and heroin around London, in the cab.’

  ‘What sort of quantities?’

  ‘Kilos. Couple of kilos. That sort of thing.’

  ‘Did things progress from there?’

  ‘Yes. I’d heard a rumour that they were involved in some big crime operation in Venezuela, who ’ad a massive quantity of cocaine they wanted to bring in. They already had an outlet in London, but they wanted distribution up north. Basically, the bosses blagged ’em that they had control of the North. They were greedy. The Venezuelans didn’t know any different.’

  ‘Did you get involved with that?’

  ‘Yeah, I did. I organized shifting the drugs after they’d landed. Hiring vans and stuff like that. I was also at the unloadin’ of the plane, making sure it all went smoothly. Of course we was all arrested before anything got moved out.’

  ‘Who were you answerable to?’

  ‘I took all my orders from Purley. The whole thing is just like what the prosecution say.’

  ‘Why wasn’t Purley at the unloading?’

  ‘He’s too high up. He don’t take risks like that.’

  ‘And Rako?’

  ‘He was the Venezuelan rep, to keep an eye on things, make sure everything went OK from their end till the gear arrived. We kept each other in the loop by phone. I never actually met the bloke. He was at the unloading, but at a safe distance. He must’ve seen the NCA making arrests and done one.’

  ‘Were you keeping Wolfy informed about all of this, prior to the unloading?’

  ‘Yes, he would just appear somewhere, every few weeks. I’d tell ’im what was goin’ on and he would give me a few grand in cash. If something big was happenin’, I’d ring ’im on the mobile number he give me.’

  ‘Did you ever discuss with Wolfy what might happen if you were arrested?’

  ‘Yes, especially when I was getting involved in the importation. He said not to worry, they had friends in high places. I’d be taken care of. He said if I got nicked, to look out for a copper called Finch. They said once he heard my name he’d find a way to let me go.’

  ‘Did Wolfy ever say he was from the NCA?’

  ‘No.’

  ‘Did he ever say you were working for NCA?’

  ‘No.’

  ‘Did it ever occur to you that Wolfy might be from a government organization, such as the NCA?’

  ‘No. Because of all the threats to Melanie, and the cash, I thought he must be from a rival operation. I didn’t know what to think. I still don’t. I did what he said – because I was scared for Melanie if I didn’t.’

  ‘Mr Marpit, since your arrest, have you seen Wolfy?’

  ‘No.’

  ‘Have you found out his real name?’

  ‘No.’

  ‘Have you seen a photograph of him?’

  ‘No, I haven’t.’

  ‘My Lord, the defendant gave us a detailed description of Wolfy. Whilst Mr Marpit was absent from the trial, we made some enquiries, which resulted in my instructing solicitor finding a photograph. We have not had time to show it to the defendant.’

  With that Jack handed the newspaper photograph to the usher who took it up to the defendant in the witness box.

  ‘Do you recognize the man in the suit?’

  ‘It’s Wolfy! You found him.’

  Jack had captured the freshness of Marpit’s reaction, in front of the jury. He’d been right not to show him the photo in the cells.

  ‘Do you recognize the other man?’

  ‘No, I don’t.’

  ‘My Lord, there are copies for Your Lordship, my learned friends and the jury.’

  Lara handed the pile of photocopies to the usher for dissemination.

  ‘My Lord, this photograph appeared in the Manchester Evening News some years ago, following the acquittal of Elvis Boyle on a charge of conspiracy to murder. I’m sure there’s no issue about this. Boyle is the large gentleman in the photograph. The man in the suit is his solicitor, Clive Walsh.’

  There was a flurry of activity amongst the prosecution team.

  ‘Is that agreed, Mr Otterwood?’

  ‘It is, My Lord.’

  The judge peered over his glasses at Jack. ‘So your client is identifying Mr Boyle’s solicitor, a Mr Walsh, as Wolfy?’

  ‘Yes, My Lord.’ Jack had one final question for his client. ‘Mr Marpit, have you ever been involved in the importation of duty-evaded cigarettes?’

  ‘Cigarettes? Never.’

  ‘Mr Marpit, if you would like to remain there, there will be some more questions.’

  Just as Jack was about to sit down, the judge had a question for him. ‘Mr Kowalski, it may assist the jury if we could just clarify what your case is now. The evidence at the moment, if accepted, is that Wolfy was not an NCA officer and that the defendant did not believe him to be one at the time of providing information and infiltrating The District.’

  ‘That is correct, My Lord.’

  ‘You had earlier in the course of this trial, pursued two defences – that the defendant was either working for NCA, or at least, erroneously believed that he was. Are they still pursued?’

  ‘My Lord, no. As far as the defendant’s state of mind is concerned, I accept that he did not believe Walsh to be a NCA officer.’

  ‘Very wise, Mr Kowalski,’ said the judge, relieved that any reckless assertions appeared to have run their course.

  ‘The issue for the jury to decide, My Lord, is whether the defendant, at the time of conspiring with Rako and Purley and others, was acting under duress, in that he honestly and reasonably believed that if he did not so act, his daughter Melanie would suffer grievous bodily harm or death. Mr Marpit accepts he had no idea who Walsh was working for.’

  ‘Yes, I see. Thank you Mr Kowalski,’ murmured the judge.

  It was Bingham’s turn. ‘My Lord, the arrival of this witness, and his evidence, has taken me a little by surprise, as I’m sure you will appreciate. I have, as yet, done nothing to delay these proceedings, and so I wonder if Your Lordship would be so kind as to allow me ten minutes to take instructions from the defendant.’

  ‘Of course, Mr Bingham. Ten minutes.’

  ‘All rise,’ said the usher.

  Chapter 73

  Lara grabbed Jack and took him to a conference room where Melanie was waiting.

  ‘Hello, Melanie,’ said Jack. ‘I’m sorry we didn’t get much of a chance to chat before.’

  ‘It’s OK. Are you going down to see him?’

  ‘We can’t speak to him while he’s giving evidence, I’m afraid.’

  ‘Oh, I see. How do you think he’s doing?’

  ‘He’s doing OK. If he hadn’t come back, they would’ve found him guilty. This way he has a chance, however remote. Even if the jury convict him the judge might find that he was put under some pressure. It could reduce his sentence.’

  ‘To what?’

  ‘It’s difficult to be precise. It could be more than ten, I’m afraid.’

  Melanie’s face broke up in response to hearing these figures. Lara sat her down. ‘It’s all my fault. I won’t be able to live with myself if he’s convicted.’

  Lara took her hand. ‘Yes, you will.’ She said it so matter-of-factly that it was instantly calming. ‘This isn’t your fault. These are ruthless criminals who are expert in exploiting people, particularly when they love each other.’ She kept hold of Melanie’s hand while Jack paced up and down the small room.

  He tried to give his mind a rest, but each time, thoughts of Maisie forced their way in.

  ‘All parties in Rako and Others to Court One immediately.’

  Jack pulled open the door and stepped out into the corridor. He heard Melanie say in a low voice, ‘He’s really good, isn’t he?’

  He was frozen to the spot by the remark. No one had ever said anything like that about his advocacy be
fore. As he stood there with his trailing leg, holding the door open for them, Lara looked at Jack, expressionless, and gave Melanie the reply: ‘Yes. He is.’

  Chapter 74

  ‘My Lord, I’m grateful for the time allowed,’ said Bingham with his usual impeccable manners. ‘I asked for the jury to remain in their room so that I could raise a matter with you.’

  ‘By all means, Mr Bingham,’ replied the judge.

  ‘My Lord, could I ask that Mr Rako be re-arraigned.’

  ‘Er, yes… of course, Mr Bingham,’ replied the judge, finding it impossible to hide his surprise.

  The jury were brought back.

  The court clerk addressed Rako. ‘Stand up.’ She reached for a copy of the indictment and read out the count. ‘How do you plead?’

  ‘Guilty.’

  It was the first time Jack had heard Rako speak. A South American accent. There was no anger in his voice, only resignation. Rako and Bingham had gambled, and lost. It came with the territory.

  ‘Very well,’ said the judge. ‘I will sentence him at the conclusion of the trial, so please don’t stray too far, Mr Bingham.’ The judge was pleased with the recent turn of events. ‘Take him down. Mr Marpit, would you please come back into the witness box.’

  Marpit walked from the dock a second time. Katterman and Jack instinctively exchanged glances. They had fire in their eyes.

  Katterman rose to cross-examine. ‘There is one thing on which we can agree, Mr Marpit.’

  ‘What’s that?’

  ‘You are an accomplished liar, are you not?’

  ‘What do you mean?’

  ‘Which bit didn’t you understand?’

  Marpit didn’t respond.

  ‘You tell lies, don’t you?’

  ‘I have lied in relation to this case.’

  ‘You’ve lied to your own lawyers, haven’t you?’

  ‘Yes.’

  ‘You told poor Mr Kowalski that you were a participating informant for the NCA, didn’t you?’

  ‘Yes.’

  ‘You deliberately found a barrister that was naïve and inexperienced enough to run your defence because, as you have already said, a more experienced Queen’s Counsel saw through it.’

  Marpit looked embarrassed, but not as embarrassed as Jack. Marpit remained silent.

  Katterman kept the pressure on. ‘Then you ran away and left Mr Kowalski to bandy a load of accusations about – that you knew to be untrue.’

  ‘I did lie, but that was because I was afraid; I did what Wolfy told me to.’

  ‘And then when your defence was dead and buried, you turn up like a bad penny, with a new defence – duress. You must think this jury was born yesterday?’

  ‘I’ve told the jury the truth.’

  ‘And the truth is you are a drug dealer?’

  Katterman waited for an answer.

  Silence.

  Katterman broke it. ‘The truth is, Mr Marpit, you are a criminal. A thoroughly dishonest man. You have graduated from burglaries to drug dealing. You will stop at nothing to save yourself, even if that means implicating a childhood friend, whose crime was to involve himself with you in an attempted tobacco importation.’

  ‘No, that’s not true,’ shouted Marpit. ‘I did what I ’ad to do! Don’t you judge me,’ Marpit ranted, having totally lost his cool.

  ‘Oh no, Mr Marpit, I am not judging you.’ He leaned over his lectern towards the witness, and gestured with an arm, ‘That is for the jury.’ Katterman sat down, his face a picture of contempt.

  The jury’s collective eye was upon Marpit.

  It was Otterwood’s turn. He stood up and paused for several seconds, for effect. ‘Tell me, Mr Marpit, how long were you driving kilos of heroin and cocaine around London?’

  ‘I’m not sure exactly.’

  ‘Do try and help us if you can. Was it days, weeks or even months?’

  ‘Months.’

  ‘In all that time, did you ever, even for a moment, give a thought to all the young lives you were helping to destroy by trafficking these drugs?’

  Marpit broke down. ‘Of course I did. I thought about nothing else. It made me feel sick to me stomach, but I ’ad to do it, for my Mel.’

  ‘Because of course, with your own daughter, you had seen what drugs could do, how they could ruin lives, hadn’t you?’

  ‘Yes.’

  ‘How many lives do you think you helped to destroy?’

  ‘I don’t know.’

  ‘Was there a limit to how far you would go?’

  ‘I don’t know.’

  ‘You don’t think you should have done the responsible thing and told the police what was happening?’

  ‘I wasn’t thinking straight.’

  ‘What if Wolfy had told you to shoot someone, would you have done that?’

  Marpit took an age to answer. ‘I honestly don’t know. But my heart tells me I wouldn’t have done that. I’m not a violent man.’

  Jack jumped up. ‘My Lord, if my learned friend wishes to pursue this line of cross-examination, the jury should be made aware that duress can never be a defence to murder or attempted murder.’

  ‘You have just done so, Mr Kowalski. Please continue, Mr Otterwood.’

  ‘So you are not a violent man. But you are a drug dealer?’

  ‘I didn’t mean it like that.’

  ‘How did you mean it?’

  ‘I don’t know, I’m confused.’

  Marpit was rubbing his forehead with his hands. The pressure had got to him.

  Otterwood continued the attack. ‘And I suppose the fact that Wolfy’s people were paying for Melanie’s rehabilitation was a big bonus. I mean, you couldn’t afford it, could you?’

  ‘No, I couldn’t.’

  ‘It must have eased your conscience a little?’

  ‘It wasn’t like that. I didn’t feel I had a choice.’

  ‘And the cash payments. They must’ve helped.’

  ‘I didn’t want ’em at all.’

  ‘Well, what did you do with them?’

  ‘I kept it all in case Melanie needed to disappear.’

  A female voice suddenly shouted out, ‘It’s here!’

  Melanie Marpit was standing up in the public gallery. She pulled an envelope full of cash from her handbag, then marched across to Otterwood and plonked it down on the lectern in front of him. The QC attempted to make light of the situation: ‘The jury needn’t worry, I won’t be disappearing with this money over lunch. I think a representative from the National Crime Agency should take it and make whatever investigations into its origin they think fit.’

  ‘That’s all of it,’ said Melanie.

  ‘Thank you, Mr Otterwood,’ said the judge. ‘I agree.’

  Otterwood continued. ‘Now tell me again, Mr Marpit, why has Melanie got the money?’

  ‘I hid it. I told her to go and collect it and use it if anythin’ ’appened to me.’

  ‘Oh I see. So the money was only to be used if it was really needed?’

  ‘Yes,’ answered Marpit, knowing that Otterwood had him again.

  ‘A flexible approach!’ Otterwood laughed.

  ‘You’re makin’ it all sound so calculatin’. It wasn’t. I’d already lost Sandra. I couldn’t lose Mel ’n’ all.’

  ‘So this was all about you?’ Otterwood lowered the volume and then whispered across at Marpit, ‘Not about Mel, but your fear of being alone!’ Otterwood sat down without waiting for, or expecting, an answer.

  Jack had to decide whether to try and repair some of the damage in re-examination, or just get Marpit out of the witness box as soon as possible.

  He decided on a middle way. ‘Mr Marpit, why did you do what Wolfy told you to do?’

  ‘Because he said my Melanie would be killed if I didn’t.’

  ‘Why did you let them put her in a drug-rehabilitation centre?’

  ‘I didn’t ’ave a choice, and it was the best place for ’er.’

  ‘What did you think would happen if
you went to the police?’

  ‘I thought they would find us. You can’t run for ever.’

  ‘Thank you, Mr Marpit. Does your Lordship have any questions?’

  ‘No, thank you.’

  Finally, Jack was ready. ‘That is the case for Carl Marpit.’

  ‘Thank you, Mr Kowalski. Members of the jury, you have now heard all the evidence in the case. The next stage is speeches. You will hear from the prosecution first. I will give him a little time to prepare, so two-fifteen.’

  ‘All rise!’

  Chapter 75

  They waited anxiously for Marpit in cell-visits.

  An officer brought Marpit in and took the handcuffs off.

  He looked drained. ‘I messed up, didn’t I?’

  ‘No, you didn’t,’ replied Jack. ‘You told the truth. That’s all you can do, Carl.’

  Marpit thought for a moment, then, without seeing the irony, he asked, ‘Am I guilty?’

  Jack sighed and sat down at the table.

  ‘Only the jury can answer that.’

  * * *

  Once they were out of the cells Jack pulled out his phone. ‘I’m just going to ring the hospital to see how Maisie is.’

  ‘Jack, you should be working on your speech.’

  He had prepared a long, boring regurgitation of the evidence that didn’t deal with the real issues. He couldn’t focus. Couldn’t get Maisie out of his head.

  ‘I’ll do it,’ said Lara. ‘You think about what you’re going to say.’

  Jack sat down and took a deep breath – the pressure of his first closing speech. His mind was blank.

  ‘She’s discharged herself.’

  ‘I’m going to the flat.’

  ‘Don’t be stupid. You’re back on in an hour.’

  ‘I can make it. There’s something I need to tell her. Will you drive me?’

  Reluctantly, Lara agreed.

  Jack put his wig and gown under his arm as they rushed out of the building.

  Chapter 76

  Lara parked outside Maisie’s block and they hurried up the steps and along the outdoor concrete landing. Jack knocked on the door, waited, then knocked again. No response. The door was ajar. Jack pushed. It opened. The metal gate squeaked as it swung inwards. He looked round the wooden door. His heart stopped. He gulped desperately for air. Lara’s eyes followed his.