Unconvicted

by Olly Jarvis

  Jack shot up. ‘As was his right, Your Honour. The defendant has no previous convictions. He is just an accountant. The prosecution do not have any other independent evidence to put before you today that suggests Mr Smart is unstable, unpredictable or criminal.’

  Her Honour looked to Mr Smith again for an answer.

  ‘That is right, not yet. But the alleged rape happened only last week. The investigation is in its very early stages.’

  Jack finished his submission. ‘Your Honour will be well aware that a trial date in this matter is likely to be months away. To remain in custody for that length of time will cause immense damage and suffering to this defendant, who as I say is of hitherto impeccable character. There is a real danger of pre-judging this matter today on the basis of a single witness, Mrs Smart, who cannot be said to be independent. This case is about a marriage breaking down, and all the hidden agendas that inevitably involves.’ Jack sat down.

  Smith looked across at him nervously as the judge considered the matter.

  Finally, she made her decision. ‘It is with a great deal of hesitation that I will grant bail. There will be conditions of non-contact with the Smart family, residence at the defendant’s parents’ address in, Mr Kowalski?’

  ‘Withington, Your Honour, as set out in the written application.’

  ‘…And daily reporting to Longsight police station.’ She looked at Jack earnestly. ‘If he puts so much as a toe out of line his bail will be revoked. Is that clear?’

  Jack nodded. ‘Yes, Your Honour.’

  ‘I’ll rise while the jury are assembled.’ She left as quickly as she had entered.

  Jack held up his open hands to Barry and shrugged. He wasn’t going to gloat, but it was a big result for him – and for Dobkin & Co.

  ‘Well done, Jack’ said Barry, magnanimous in defeat. ‘I’m not looking forward to telling Natasha Smart.’

  Chapter 5

  Jack and Lara crossed Spinningfields towards Marek’s restaurant. After getting bail in the rape, they had also secured a not guilty verdict in their burglary trial.

  ‘I really didn’t expect that, Jack, great job.’

  ‘Me too. The drinks are on me.’

  ‘You know Marek will never let you pay.’

  Jack grinned. ‘Do you ever wonder about your cases?’

  ‘What do you mean?’ Lara replied.

  ‘When they get off, whether they did it?’

  Lara looked at Jack curiously. ‘Never, why waste the energy?’

  ‘Now that I’m actually winning a few—’

  ‘Only Jack Kowlaski could find the negatives in getting a not guilty,’ Lara said with mock exasperation.

  Jack laughed.

  ‘Anyway, what’s brought this on?’

  ‘Just something I was asked last night by some kids.’

  Lara stopped, grabbing his arm. ‘The moment you start thinking like that, Jack, you’re finished as an advocate.’

  He nodded.

  ‘Look, this is the system we’ve all signed up to. It ain’t perfect, but we have to trust the jury’s verdict, or the whole thing collapses.’

  ‘I know, I know.’

  ‘What’s the phrase – better a hundred guilty people go free than one innocent man be convicted?’

  ‘You’re talking about having faith in the process, but you and I both know the verdict often depends more on the ability of the barrister than anything else.’

  ‘Of course, just like an operation depends on the surgeon.’

  ‘You have an answer for everything.’

  ‘That’s why I’m a lawyer.’ She winked.

  Jack laughed. ‘Come on, let’s get that drink.’

  Chapter 6

  Knock knock.

  Natasha Smart froze.

  Silence.

  After what seemed like an eternity, she heard four loud knocks on the front door.

  She crept into the hall.

  ‘Who is it?’ The terror in her voice was obvious.

  No reply, then a hissed whisper: ‘’Tis I!’

  She jumped. It had come from behind her. Natasha swiveled around. Her mouth went dry. Fear shot through her body.

  Smart was standing in the kitchen. Had she forgotten to lock the back door?

  Natasha was momentarily unable to speak. ‘What are you doing here?’

  Only a leer in response.

  ‘Get out!’ She was shaking in fear.

  ‘If a man know not how to rule his own house, how shall he take care of the church of God?’

  Natasha noticed something in his hand – a jerry can. She could smell the fumes.

  ‘Oh God, no. Please. I’m begging you.’

  ‘The soul who sins shall die,’ he said, wallowing in her horror. ‘I gave her time to repent,’ he muttered to himself, ‘but she will not turn away from her immorality.’ He splashed the petrol over her.

  Screaming, Natasha flapped her arms, trying in vain to wipe the liquid off her face, all co-ordination lost in the panic. ‘No, please, I beg you.’

  He pulled out a cigarette lighter and held it out towards her.

  She stopped.

  Smart’s grin radiated pure evil.

  In the final moments Natasha Smart was calm.

  Finger on flint.

  Click.

  Chapter 7

  Marek ushered Lara and his nephew to some empty stools.

  ‘Well?’ he asked.

  ‘Not guilty,’ the lawyers replied.

  Jack’s uncle plonked three Tyskie beers on the bar and declared: ‘Another victory for the Kowalski!’

  They clinked bottles. ‘Cheers!’ said Lara.

  ‘Na zdrowie,’ replied Marek.

  ‘To Lara,’ said Jack. ‘She did all the work, I’m just the mouthpiece.’

  ‘We make a good team.’

  What did she mean?

  Mariusz left his drink and moved off to serve a customer.

  Maybe now was the time? Filled with confidence from the day’s events, he needed to seize the moment. ‘Lara?’

  Before he could go further, his phone pinged.

  ‘It’s from Sarah Dale, she needs me to come back to chambers ASAP.’

  ‘Sounds like something juicy?’

  ‘Could be,’ said Jack, trying to return to his task.

  ‘Better not keep your Head of Chambers waiting,’ said Lara. ‘I’ve got to get back to the office, anyway.’

  In two minds, Jack hovered for a moment.

  ‘Well, go on then,’ she bossed.

  The moment had passed.

  Chapter 8

  Jack went straight to the clerks’ room to share his good news. ‘Not guilty in the burg, but also, bail in the rape!’

  But Jack didn’t get the reaction he’d hoped for. In fact, he got nothing at all – just stares. ‘What is it?’ he asked, suddenly feeling unnerved.

  Sarah Dale, Head of Chambers, walked in before Bob could respond. ‘Jack, have you got a minute? We’re in the library.’

  Jack followed her in. Ken Dobkin, Lara’s boss, and Simon Huntsman, Jack’s former pupil-master, were already sitting at the table.

  ‘Sit down, Jack,’ she said, with uncharacteristic tenderness. She lowered herself onto the seat next to him.

  ‘Timothy Smart has just been arrested for murder.’

  Jack couldn’t take it in. ‘Murder?’ Then he felt the blood rushing to his head. ‘Please don’t say his wife?’

  Sarah nodded. ‘Arson.’

  Jack’s turned white. He made to stand up, but his legs gave way.

  ‘You all right, Jack?’ said Huntsman, with a steadying hand under Jack’s shoulder. Sarah poured a glass of water. ‘Here, drink this.’

  ‘What about the children?’

  ‘They weren’t there, thank goodness – they were at their maternal grandmother’s place,’ Dobkin replied. ‘It was a regular thing, they’re saying Smart knew that.’

  Jack brushed Huntsman’s hand away as the news began to sink in. �
��And there I was, wallowing in the result while someone was being murdered – because of me.’ He shook his head. ‘I’ll never forgive myself.’

  ‘For what?’ said Ken Dobkin, unable to disguise his irritation.

  ‘Go easy, Ken,’ said Simon.

  Ken ignored him. ‘You had a job to do and you did it. The fact Smart then murdered his wife has got absolutely nothing to do with you. They just didn’t have the evidence to keep him in custody.’

  ‘Spare a thought for Judge Beddingfield, she made the decision to bail him,’ said Sarah. ‘I’ve heard she’s in pieces.’

  Jack felt for the judge, but he knew it didn’t absolve him.

  But Ken Dobkin had more pressing matters to discuss: ‘I’ve got to go and do Smart’s interview at Bootle Street Police Station in five minutes. He’ll want the barrister that got him bail. Are you going to take the case, Jack? You’ll have a silk to lead you.’

  Jack looked at Dobkin, speechless.

  ‘This is a very important case for my firm. We can’t afford to lose the brief.’

  ‘Tell Smart to go screw himself,’ said Jack coldly.

  ‘Just hang on,’ said Sarah Dale, trying to prevent tempers escalating. ‘I think Jack is entitled to refuse the brief on the grounds of lack of experience. He’s never done any kind of homicide, let alone a murder. And anyway, Simon was instructed on the rape. It should be his brief.’

  ‘Oh, don’t won’t worry about me,’ said Huntsman.

  Sarah glowered at him for his lack of guile.

  Jack got up. ‘I’m sorry, but this isn’t why I came to the Bar.’ Nothing seemed to matter any more – except what he’d done. ‘I’m going home.’

  Dobkin shook his head at Jack. ‘Whatever happened to innocent until proven guilty?’

  Jack wasn’t in the mood for platitudes.

  Sarah was more understanding as they followed Jack out. ‘All right, have a few days off. Get your head together.’

  ‘Thanks.’ Jack walked out of chambers, unsure whether he would ever return.

  Chapter 9

  ‘No! No! I’m sorry. I’m so sorry. Please—’ Jack Kowalski woke with a start. Sitting bolt upright, he surveyed his bedroom, then wiped the sweat from his forehead. He dropped back onto the bed, eyes fixed on the ceiling. Another night of broken sleep and haunting dreams. It was the same every morning – exhaustion, made worse by a hangover.

  Why did it have to be Jack? Why couldn’t someone else have made that bail application? Did he try too hard? He should have realized he was acting for a psycho. There was blood on his hands.

  He rolled over and tried to lose the old thoughts. He was spiralling into a deep depression, which he knew he might never recover from if he didn’t get a handle on it soon. Energized by fear of where he was heading, Jack got up and walked into the kitchenette. He filled a saucepan with water and plonked it lazily onto the hob. He took out the only thing in his freezer – a bag of meat pierogi – and poured it into the pan.

  He missed Lara. It was his own fault. If he wasn’t taking on cases, how did he expect to see her? Maybe Jack should have rung her, but what would he have said? She wouldn’t want to hear from some needy, failed barrister. If only he could think straight, see through the haze of tiredness and guilt.

  His phone rang – chambers. He went to answer it, then, knowing he wasn’t ready to go back, pressed divert.

  Chapter 10

  Lauren Riley loved money, but she’d never had much of it. A tough childhood on the Ordsall Estate had taught her the value of things. She was young and easy on the eye. Her tanned and toned legs propped up the bar every Saturday night at Ambro’s, one of Manchester’s most popular nightclubs. Lauren rarely had to buy her own drinks.

  She scanned the room, looking for a potential partner for the night, not the no-marks that had been buying her Woo Woos all evening. She took another gulp and slammed the empty glass down on the bar. She was on a mission: to get pissed.

  ‘Hello, Lauren. How’s the world of glamour?’ A man had squeezed in next to her at the bar. He wasn’t wearing the right gear to be an Ambro’s regular.

  Lucky to get in, she thought. Must’ve bribed the door. She’d had dealings with him before. ‘It’s quiet,’ she replied. ‘I’ll have a vodka Red Bull, ta.’

  He ordered it, and a bottle of Becks for himself.

  ‘You need to get yourself in the tabloids, love,’ he suggested.

  She looked at him as if he were stupid. ‘Well, yeah. Page three would be a start. Twat.’

  He didn’t appreciate being spoken to like that. He touched her hair, just to show her who was in charge of the transaction. ‘I love blonds, me. Is that your natural colour?’

  She flicked his hand away. ‘Piss off!’ Then curiosity got the better of her. ‘What d’ya want, anyway?’

  ‘It’s your lucky night, Lauren.’ He picked her clutch bag up off the bar and placed a roll of cash inside.

  She said nothing.

  ‘There’s a footballer over there, Lauren. In the VIP bit. Very green. United’s next big thing. I want you to fuck his life up.’

  She glanced over and smiled for the first time in ages. ‘Mmm, don’t mind if I do.’

  Chapter 11

  PC Adil Khan checked his watch as he drove. It would be another late finish, just so the prickly DS could have a chauffeur from some dinner at the town hall.

  ‘Slow down a second, Adil,’ asked DS Joan Baker. ‘See that girl there?’

  ‘Oh yeah, too right!’ he replied. ‘Quite a looker.’

  The girl was half-walking and half-running down Deansgate. She wore a skimpy, figure-hugging white dress. No shoes.

  ‘There’s something not right, Adil. Pull over.’

  ‘Yeah, hammered probably.’

  ‘Just pull over, will you?’ she said, with a hint of irritation.

  ‘All right, all right,’ PC Khan replied.

  They pulled up alongside the young woman. At first, she didn’t notice them.

  DS Baker called out, ‘Is everything OK, love?’

  The girl saw them now. She stopped, then walked straight to the police car, opened the door and got into the back seat. She was shaking. They could see marks, possibly burns on her wrists.

  ‘It’s all right. You’re safe now. What’s your name, love?’ asked Baker above the crackle coming from their radio.

  The girl stared blankly back at her. Her face was a mess, the bruising made worse by the smeared lipstick and smudged eyeliner.

  DS Baker turned to her colleague. ‘She’s in shock, poor thing.’ She tried again: ‘We’re going to take you somewhere comfortable, OK, love?’

  No reply.

  ‘What’s your name, sweetheart?’

  Eventually, in a whisper: ‘Lauren.’ Her bottom lip began to quiver. ‘I’ve been raped.’

  DS Baker sighed. ‘I know, love. I know.’

  Chapter 12

  Marek’s restaurant was full. Jack’s piano playing was a big pull. Nobody played Chopin like him – not in these sorts of establishments.

  He’d just come to the end of a mazurka.

  ‘Hello, sir.’

  ‘Bob?’

  Jack led his clerk over to an empty booth in the corner of the restaurant. ‘Do you want a drink?’ Jack asked.

  Bob ignored the offer. ‘I wanted to see how you were.’

  ‘Thanks Bob, I’m getting there, just been struggling to get my head around things.’

  ‘I get it. But I’ll be straight with you: time’s running out.’

  ‘What do you mean?’

  ‘You’re getting a reputation – they’re saying you’re burnt out. That you were too sensitive for this job. Too—’ He paused.

  Jack finished the sentence: ‘Too weak?’

  Bob looked away awkwardly. His words hurt, but maybe they were right.

  ‘Look, Jack,’ he said in a more avuncular tone. ‘I’ve got a great case for you. To get you back with a bang.’ He waited for a flicker of int
erest.

  Jack couldn’t resist. ‘What is it?’

  ‘A rape.’

  Jack scoffed.

  ‘Hang on. Hear me out. You’re ready for this, Mr Kowalski. You’ve done a few trials now. And one very big one.’ Bob waited a few seconds to give his offer the appropriate build up. ‘It’s a footballer – from Poland! A private payer. I bet your overdraft could use it. Some gold digger has played him, apparently.’

  Jack still wasn’t biting.

  ‘He’s innocent. Green as they come. Only eighteen.’

  ‘What’s his name?’

  ‘Gustaw something.’

  ‘Not Gustaw Nowak?

  ‘That’s the fella. You heard of ’im?’

  ‘Every Pole has – he’s the next big thing.’

  ‘Well, you’re the only Polish criminal barrister in the area. Did you know that? He wants you. Doesn’t trust the locals.’

  ‘I was born here, Bob.’

  ‘I know, but you don’t have to advertise that.’

  ‘I wouldn’t be able to speak Polish with him, though. It wouldn’t be fair on the solicitor. We’d need an interpreter.’

  ‘No problem, he speaks English. So, you’ll do it then?’

  ‘I didn’t say that – and anyway, this is way out of my league.’

  ‘Course it ain’t – you can handle it.’

  Jack wasn’t convinced.

  ‘Well, you’ve got a couple of days, max – then they’re going elsewhere. Don’t let me down, Mr Kowalski.’

  As Bob got up from the table he nearly bumped into an attractive, glamorous-looking woman in her fifties. He quickly got over his surprise at the eminent visitor. ‘Evening judge. Maybe you can talk some sense into him?’ He looked back at Jack. ‘Call me, day or night.’

  The word ‘judge’ made Jack spin around. It was Her Honour Judge Beddingfield. ‘Er, hello judge,’ said Jack.