by Abi Silver
‘Around ten.’
‘When did you last see Mrs Hennessy?’
‘I am not sure. But I saw Ahmad leave at about eight o’clock. Mrs Hennessy’s door was closed.’
‘Do you think Ahmad liked Mrs Hennessy?’
Judith was only half way out of her seat, when Judge Seymour intervened.
‘Mr Chambers, you know you can’t ask that question.’
‘Apologies, your honour. Did you see anything, or hear anything, which indicated to you that Ahmad and Mrs Hennessy were friends?’
‘Like I said, I never saw him in Mrs Hennessy’s room for definite but…’ She paused now and stared at Ahmad, her face crumpling inwards.
‘Go on?’
‘I saw Ahmad, it was, I think, on the Wednesday, and he was cross, and I think it was because of Mrs Hennessy.’
‘Can you explain what you mean?’
‘She had some friends in her room. They were two ladies and they were talking a lot, loudly. Later on, I saw Ahmad when he was putting things in his locker and he seemed angry. I asked him if he was OK and he just shook his head. Then he told me that the ladies in Mrs Hennessy’s room had been laughing about something and it had upset him.’
‘Do you know what it was?’
‘No. I just told him not to be upset, that I was sure they didn’t mean anything.’
‘Did that satisfy him?’
‘He was upset for a little while, I think. We didn’t talk about it again.’
‘Thank you. Did you ever get the impression that Ahmad thought being a cleaner was beneath him?’
‘I don’t know. I...’
‘Mr Chambers, I don’t want to tell you again. What Nurse Li thinks Mr Qabbani thought is not evidence and you know it,’ the Judge reminded him.
‘Yes, your honour. I was carried away momentarily. Thank you, Nurse Li. No further questions.’
Judith was worried about Lottie Li’s evidence. Before she had appeared, she had questioned why the prosecution had even bothered with her. She now maintained she wasn’t certain if she had ever seen Ahmad in Barbara’s room (that may or may not be helpful), she had worked successfully with him for two years and, even if they weren’t friends, they had built up a working relationship, and she had confirmed that he was hardworking and reliable.
But it was the subtleties of Lottie’s evidence which lent credence to the prosecution storyline, and she could not help but admire Chambers for his manufacture of this. The overall impression Lottie had given, so far, was that Ahmad was easily capable physically of throwing Mrs Hennessy from a building, that, at best, he was sensitive and took offence easily, and at worst, Mrs Hennessy or her friends had mortally offended him in some obscure way, giving him a possible albeit unusual motive. She had also implied that he was a loner, preferring to do his work and go straight home rather than building up friendships with his peers. Coming after David Wolf with his story of Ahmad’s tetchiness about his clean floor, despite Judith’s masterful unpicking, it began to paint a disquieting picture.
‘Tell us about Mrs Hennessy,’ Judith began benignly enough.
‘She was admitted on Tuesday the 9th of May. She had her operation on Thursday and I looked after her.’
‘Did you talk to her?’
‘Yes. She talked about her daughter and her grandsons.’
‘And her son?’
‘I don’t remember her talking about her son.’
‘What did she say about them?’
‘That she missed them, her grandchildren. And she told me she was a painter.’
‘Did you meet any of her family?’
‘Her daughter came to visit on one day when I was checking her.’
‘How did they seem together?’
‘I don’t know.’
‘Well, was Mrs Hennessy happy to see her daughter?’
‘Yes. I think so.’
‘Did they kiss or hug each other?’
‘I didn’t see that.’
‘The evidence you just gave to Mr Chambers was that you don’t have any particular memory of seeing Ahmad in Mrs Hennessy’s room.’
‘No.’
‘In the evidence you gave immediately after Mrs Hennessy’s death you said you had seen him in her room.’
‘I know. Now I’m not so sure.’
‘What’s made you change your mind?’
‘I…I just can’t be sure now and I want to get things right.’
Judith sneaked a quick glance at Constance for a prompt on any line of questioning she might have missed. Constance would not usually try to influence Judith mid-examination of any witness. She feared a tongue-lashing of gladiatorial proportions. But then Constance’s face took on that far-away expression and she began to scribble something on her notepad. Judith took the note from Constance with interest.
‘Ask about A’s family,’ it said. ‘Will help sympathy vote.’
Judith’s shoulders sagged. She very much doubted that. But she could at least get corroboration from Lottie of the time Ahmad went home. She turned the note face down.
‘You said you remember seeing my client outside Mrs Hennessy’s room, in the corridor?’
‘Yes.’
‘Do you remember which day that was?’
‘It was more than one day, I think, but definitely on the day Mrs Hennessy died.’
‘What time was that?’
‘It was when he was going home, around eight o’clock. He had his bag.’
‘After you saw my client outside Mrs Hennessy’s room, what happened?’
‘He went out of the ward.’
‘You saw Ahmad Qabbani leave the hospital, then?’
‘I saw him leave the ward. It doesn’t mean he didn’t come back later.’
‘No. It doesn’t.’ Judith allowed that one through with a gentle inclination of the head.
Judith’s fingers brushed the edges of Constance’s missive. It was too risky. Even though Lottie was a little more malleable now. Judith might ask ‘tell me about Ahmad’s family’ and receive a diatribe about his agoraphobic wife. Much safer to get Ahmad to talk about them, if he could only be persuaded to do so.
‘Did Ahmad work hard?’
‘Yes.’
‘Did he have days off for illness?’
‘Once he had to go home when his daughter was sick but otherwise he was always there.’
‘Was he punctual?’
‘I think so.’
‘Polite?’
‘Yes.’
‘Some people have said that, because Ahmad is physically strong, like you said, that he might be a violent person. Did you ever see any evidence of Ahmad being angry or violent?’
‘No. It’s all about what’s inside,’ Lottie answered innocently, ‘isn’t it?’
Judith crushed Constance’s note within her right hand and dropped it into her pocket.
‘No further questions, your honour.’
‘Thank you, Nurse Li, you are excused. Mr Chambers, who is your next witness?’
‘I move to forensics now, no more witnesses of fact.’
‘Because there aren’t any facts,’ Judith spoke quietly, behind her hand, but into the microphone.
‘Ms Burton. I hope I won’t need to remind you again that you are in a courtroom and not gossiping in a bar. Save your opinions for later. This the last time I will say it.’
Judith stood tall to accept her admonishment. But she was secretly pleased. The judge’s rebuke drew attention to her words and a number of people in the court were now asking their neighbours what she had said to draw his ire.
‘Let’s begin tomorrow then, 9am please. Court adjourned.’
* * *
‘Why didn’t you ask Lottie about Ahmad’s family?’ Constance was seething but maintained her
self-control. Judith opened her mouth to explain but Constance had already turned away and was collecting her things. She wasn’t interested in an answer.
46
‘Don’t be cross with me Connie. I couldn’t risk it,’ Judith protested later. ‘She wasn’t our witness and someone had definitely got to her.’
Constance and Judith were back at Constance’s office, preparing for the following day.
‘And Ahmad can do that stuff, talk about his wife.’
‘If he will. He asked us not even to mention her, don’t you remember?’
‘Defendants on trial for murder don’t always know what’s best, wouldn’t you agree?’
‘Yes, but…’
‘Presumably that’s why you instructed me. You thought I might do a marginally better job than Ahmad would do on his own.’
‘Oh, of course. Don’t be so prickly. I just meant he does have rights too. If he specifically asked us to keep his family out of things, we should respect that.’
‘Hang on. A minute ago, you wanted me to ask Lottie to spill the beans.’
‘Well, she wouldn’t have said anything really personal, just that he had a wife and daughter. That is better than giving Ahmad the third degree in public.’
‘Connie. Stand back for a moment. We have no real defence here, do you agree? I mean, there is no real hard evidence against Ahmad, but he was there, at the time, so theoretically, he could have committed the crime.’
‘Yes.’
‘So we’re never going to be able to show that he couldn’t have done it – he was sighted a hundred miles away, he wasn’t physically capable – any of that stuff we love to uncover if we can.’
‘Unless we find the real murderer.’
‘OK. Yes. Unless we stumble upon someone else, which we and the police have not managed to do after two months’ investigation.’
‘What’s your point?’
‘The best we will be able to manage, I fear, is to find some explanation for the rings that doesn’t involve murder and to tell the jury that one hair is not enough to condemn a man to fifteen years in prison. And if that is all we have, appealing to their judgement, I want them to know he has a wife and child who love him and depend upon him. Now, leaving aside all your sensibilities of what you may or may not have promised Ahmad in a rash moment of empathy, you must agree with me?’
Constance huffed and sat down on the bench.
‘How did you think it went today?’ she asked, happy to change the subject.
‘Not great. Tracy Jones was slightly in our favour but more because of what she didn’t see or hear than anything else.’
‘I think your cross-examination about the will was useful.’
‘Marginally. I mean, who would have thought it? Two million pounds. Far more than I ever imagined. Mrs Hennessy with a small fortune doesn’t seem quite so helpless, but that could give Ahmad more of a motive. Who knows what Chambers will try when we put Ahmad on the stand? He might say Ahmad was jealous; Mrs Hennessy had all the things Ahmad didn’t have; that kind of thing. With the theft of the rings it all falls into place.’
‘Why didn’t you ask her where she went on the Thursday?’
‘I just didn’t want to chance it; I had no idea what she was going to say. I mean, she might have said “I have terminal cancer and I had to see a doctor”. Unlikely, but you get my point. Better to leave it that she had what she professed to be an “appointment” which was clearly more important to her than visiting her sick, aged mother, and let everyone else join the dots. And the stuff about Barbara’s hands worked too. I’ll use that in closing to emphasise that she may have been so distressed about her inability to paint that she wanted to end her life.’
‘And if she slipped on the fire escape she might not have been able to hold on.’
‘Yes, that too. But even so, there’s something fishy going on, isn’t there?’
‘What do you mean?’
‘Well, if you had just inherited one million pounds, would you be starting a new full-time job in Ealing primary school in September?’
‘Perhaps she loves teaching?’
‘Or perhaps those “complications” she told you about are keeping her away from her money. And her brother’s engagement news which I overheard at the funeral. You know I’m not big on coincidences.’
‘Maybe when his mother died it put things in perspective for him.’
‘Hmm. Joseph Hennessy does not strike me as the sentimental type. Maybe she said he had to be married to get his share.’
‘Well his partner, Janice, seemed pretty happy anyway.’
‘Yes she did. It would be cruel of me to suggest that’s because she’s marrying a millionaire. What else? Yes, Barbara’s forgetfulness may be useful, too, if we can show she might have become confused, disorientated, that kind of thing. Perhaps with the combination of the drugs she was on and the aftermath of the anaesthetic.’
‘What about Dr Wolf?’
‘Ah, that sanctimonious prig.’
‘You still like him, then.’
‘Oh come on. First, he accuses Ahmad of anger management issues because he dares to look askance when Wolf’s brogues make dirty great marks on his clean floor, then he maintains Ahmad has “interfered” with a patient, pejorative enough to make the jury think he’s been harming patients all along and has only now been caught. But when I tackle him he realises, ’cos he’s not stupid, that he has to renege. If Ahmad had been caught doing something naughty, how could he or the Trust have kept him on, to go on and kill Mrs Hennessy? Ahmad gets convicted and the Trust is faced with a corporate manslaughter charge too. And he doesn’t like Mahmood either.’
‘Why do you say that?’
‘Mahmood has been head of the unit since before Wolf qualified. But he puts the two of them on a par. Oh yes, he is glad to help out by taking Mahmood’s patients and they have the same expertise.’
‘Maybe Wolf wants his job.’
‘I don’t doubt that for a second. But this case isn’t helping his prospects. I think he’s slippery and self-serving and there’s more we could find out from him.’
‘You don’t think he killed Mrs Hennessy?’
‘No motive. Unless something went wrong in the operation and she knew about it, threatened to tell. Seems very unlikely. Especially with a bunion operation. It’s not like removing the wrong kidney! And the mortality rate of his patients is average, well, better than average actually. He appears, from the statistics to be a very good doctor. But he certainly had ample opportunity, hanging around till the small hours. Did we ever find the physiotherapist?’
‘No. He was Italian and he left back in May some time. The police couldn’t find him, although I’m not sure how hard they tried. I could do some digging if you think it’s important.’
‘Never mind. You have lots to do and we have enough from Wolf confirming she could have walked unaided, which is all I would ask him. That was useful too.’
‘There’s one thing I want to investigate further. I didn’t get much of a chance yesterday when I first saw it. If I find something we can re-call him, can’t we?’
‘As long as old Seymour lets us, but I’m sure I can manage that one. What is it?’
‘I’d rather complete what I’m doing and then tell you, if that’s OK.’
Judith shrugged. ‘What’s Ahmad’s answer on the Oyster card?’ she asked.
‘You mean the timing?’
‘Yes. It doesn’t take twenty-five minutes to get from the ward to the station, even if the lifts are busy.’
‘You won’t like it.’
‘Lay it on me, Connie.’
Constance giggled. Judith was so larger than life.
‘He had forgotten...’
‘Again?’
‘But his wife’s birthday was coming up, so he
had made a short diversion to the shops, on the way to the station.’
‘The shops, which were all closed.’
‘Yes. He said he went window-shopping.’
‘Which windows?’
‘I didn’t ask.’
‘OK, so this will come up when he takes the stand and we need to be ready. Ask him which shops, what items specifically he remembers seeing in those shops and take photos, although the windows may well have changed now. We need support for what he says from the shop owners.’
‘How can I do that if we’re in court?’
‘Ring them or send someone from your office. Don’t you have any junior staff?’
‘OK. I’ll sort it.’
‘And while they’re at it they should time how long it takes to walk from the hospital to those shops to the station.’
‘All right. I can do that.’
‘Good. Did you get hold of Dr Atkins, remind him of the timing of his evidence, tomorrow or Wednesday?’
‘Yes.’
‘His report is OK, as far as it goes on the PTSD, but you’ve spoken to him; what’s his take on Ahmad?’
‘He is willing to say that the behaviour exhibited in the station is consistent with an episode suffered by people with PTSD, a kind of flashback. But that is it. I think he was cross when Ahmad wouldn’t open up to him, felt his time was being wasted.’
‘OK. Not great but I’ve been forewarned. I suppose most of the time he knows what the trauma is before he has to diagnose the related stress.’
It was two hours later that Inspector Dawson called from outside in the street. All the staff had gone home and Constance let him in and led him through the deserted corridor to their makeshift research hub. Judith sat at the head of the largest meeting room, her third coffee of the evening between her hands.
‘Hello, Charlie.’
‘Judith.’ Dawson deliberately avoided eye contact with Judith and did not shake hands.
‘Were you in court today?’
‘No time. Out catching criminals. PC Brown was there and filled me in on the best bits, without picking anyone’s pocket – that may surprise you. How’re you doing?’
Judith shrugged. She would let Dawson’s challenge remain undefended. She understood his anger, directed obliquely at her suggestion the last time they had spoken, that one of his officers might have tried to frame Ahmad. The fact he had come this evening when Constance had called was evidence, at least, that he would still work with her.
