Echoes of Guilt

by Rob Sinclair

  ‘Yes, there’s a problem. I left you a message almost an hour ago.’

  ‘I was in an interview.’

  ‘Well, you’re not now, are you?’

  ‘I was literally just coming back to my…’ Dani paused and decided arguing her case was probably not even worth it. ‘What’s happened?’

  McNair sighed. ‘I’ve been fielding snotty calls from the CPS for the last hour and a half, that’s what. And this isn’t even my problem, but with you incommunicado who do you think they turn to first?’

  The CPS? Which most likely meant this was to do with the Curtis trial. Dani felt a knot in her stomach.

  ‘I’m sorry, I didn’t know,’ Dani said.

  ‘Yes, well, you’re wanted at court.’

  ‘Barker?’

  ‘No. Barker just called to give me an earful. As did his boss. As did the Chief Super. They all want to know what on earth is going on, and why one of our officers – the lead detective on the case, no less – is about to bat for the other side.’

  ‘You’ve lost me,’ Dani said. ‘I—’

  ‘Wake up, Dani. It’s not rocket science. You’ve been called as a witness. Not by the CPS, but by the bloody defence.’

  Chapter 14

  Dani had rarely been as nervous as that Thursday morning when she walked out into the full courtroom, all eyes on her. She shakily moved across to the witness box. Her mind remained in something of a blur as she regurgitated her affirmation.

  ‘I do solemnly and sincerely and truly declare and affirm that the evidence I shall give shall be the truth, the whole truth and nothing but the truth.’

  The judge thanked the clerk before turning proceedings over to the defence barrister, Iona O’Hare. She got up from the bench and approached.

  Of course this wasn’t the first time in her career that Dani had testified in court. It was a matter of routine that investigating officers gave lengthy and very detailed witness statements as to their work on a case going to trial, and so Dani had, by extension, been among the list of potential witnesses from day one, though this was the first time she’d been specifically called by a defence team, as opposed to the prosecution.

  She still really didn’t know how to react to that at all.

  O’Hare had a knowing look in her eyes, and even before she spoke, Dani was sure that she wasn’t about to be given an easy ride.

  ‘DI Stephens, we’ve all had the benefit of your witness statement, but perhaps, in your own words, you can give a brief introduction to your role at West Midlands Police, and in relation to this case in particular.’

  Dani kept it short and sweet, and O’Hare was soon asking some bland follow-up questions regarding the chain of events that had led to Damian Curtis’s capture and arrest. Nothing contentious, thus far. In fact, much the same tactic Dani and Easton had used with Bianca the previous day, getting her relaxed before they moved to the heart of it. And knowing that only made Dani remain all the more anxious, and sceptical.

  ‘So at what point in the course of the police investigation did you first suspect a third party may have been involved?’ O’Hare asked.

  ‘A third party?’

  ‘That the defendant was not acting of his own volition in relation to the crimes he has allegedly committed.’

  ‘It was some way in,’ Dani said. ‘Either just before or just after the point where we finally managed to find and arrest him, if I recall correctly.’

  ‘You don’t recall exactly?’

  ‘No. Not exactly.’

  ‘But it was a line of enquiry that was subsequently followed thoroughly?’

  ‘It was. Arresting Damian Curtis was a big turning point in what had been a gruelling investigation, but it was by no means the end of our work. For weeks, months afterwards we carried on our enquiries to put together our case and to figure out exactly what had happened and why.’

  ‘Which is where our third-party manipulator comes into play, correct?’

  ‘Correct. We did a lot of work to establish whether there was evidence of such a manipulator. A conspirator to the murders, if you like.’

  ‘And what initially prompted you to that line of enquiry?’

  ‘It wasn’t one single thing. We were desperately trying to find Curtis before he killed again. One way of achieving that was obviously gaining an understanding of why he was killing people at all.’

  ‘Allegedly killing people.’

  Dani shrugged. ‘It was apparent to me that a noticeable change had taken place in Curtis during his time in prison.’

  ‘But you had never met him prior to his arrest?’

  ‘No, I hadn’t.’

  ‘But you’re saying that based on what you knew of him, of his past, of his alleged crimes, you were already beginning to question his guilt. Correct?’

  ‘I never had any doubt that he was responsible, in a physical sense. But… his actions didn’t make sense to me. I was seeking an explanation for why.’

  ‘Which led you to the theory of someone else manipulating the defendant into committing his alleged crimes.’

  ‘That’s right.’

  ‘Objection,’ Barker said, though his appeal was half-hearted. ‘DI Stephens is not here as an expert witness on psychiatry or psychology.’

  ‘I never suggested such,’ O’Hare said. ‘I’m merely asking the witness for her thought process and how it guided the police investigation.’

  ‘Objection overruled,’ the judge said, grumpily. ‘Though please do get to the point soon.’

  ‘Please can you tell us, when this theory was first posed, either formally or informally, who it was you believed most likely to be the person responsible?’

  Dani paused. She was slowly beginning to see where this would go. But she felt powerless to stop it. She couldn’t exactly lie now, could she? All she could do was to go further down the hole O’Hare had already dug.

  ‘Dr Helen Collins,’ Dani said, to murmurs from the room.

  ‘Dr Helen Collins?’

  ‘Yes.’

  ‘Your first instinct – your detective’s instinct, if you like, based on all your years investigating murders, and your knowledge of this case, which you were leading – was that Damian Curtis was the person responsible for killing these poor victims, in a physical sense, but that he had been manipulated into doing so by Dr Helen Collins?’

  ‘Correct.’

  ‘Can you explain why?’

  ‘There was no science to it. No great weight of evidence against her at that point, it was simply the most logical and obvious answer to me.’

  Dani cringed at her own words. Dig, dig, dig.

  ‘Logical and obvious how?’

  ‘Damian Curtis had been in jail for three years. If someone had put him up to these crimes then it seemed most likely that it was someone who’d spent time with him while he was in jail. He’d had no visits in that time other than from Dr Collins.’

  ‘She was the only person who visited him in those whole three years?’

  ‘According to the prison records, yes. He had no friends or family visits at all.’

  ‘Was that the only reason you considered her?’

  ‘No. Obviously Curtis had interactions with plenty of other people inside jail, from inmates to guards, but Collins was the only one who had regularly scheduled one-on-one meetings with him, and the only one who was trained in psychology.’

  ‘So she was the number one suspect, in your mind.’

  ‘At that stage, yes.’

  ‘So what happened?’

  ‘Excuse me?’

  ‘Why didn’t you, the police force, not pursue Collins further?’

  ‘We looked in great detail at her, actually.’

  ‘Really?’

  ‘Yes, really.’

  ‘I understand, from your witness statement, that your theory of Dr Collins’s involvement lasted all of a few days. In fact, even by the time Curtis was arrested, weren’t you already considering an alternative explanation? An alternati
ve suspect?’

  Dani paused again, desperately trying to think of any way to deflect where this was going. She had nothing.

  ‘Yes, that’s correct,’ she said.

  ‘And who was this alternative suspect?’

  ‘Ben Stephens.’

  Gasps in the court now.

  ‘Your brother?’

  ‘He is.’

  ‘Your brother, who is a convicted murderer, and was convicted of attempting to murder you.’

  ‘The very one. My brother, who also shared a cell with Damian Curtis for—’

  ‘Is your brother trained in psychology or any related subject?’

  ‘Not to my knowledge.’

  ‘Yet you believed he was a more likely suspect than Dr Collins?’

  ‘I did. I still do.’

  ‘You still do?’

  ‘Yes.’

  More gasps. Dani looked around the courtroom at the bewildered faces, and the shaking heads. Some were almost sympathetic, as if Dani was a moron spouting nonsense subconsciously.

  ‘But charges haven’t been brought against your brother in relation to this?’

  ‘No.’

  ‘Why not?’

  ‘The investigation is still ong—’

  ‘Still ongoing, but no charges brought yet?’

  ‘No. Not yet.’

  ‘Why?’

  ‘Because… because so far we don’t have…’

  ‘I think you’re trying to say there’s a lack of evidence?’ O’Hare practically spat the words, like the implication was devastating. ‘Despite those many weeks and months of police work.’

  Dani said nothing.

  ‘DI Stephens, would you say you always act with objectivity in regard to police investigations?’

  ‘Absolutely.’

  ‘Even when investigations concern your brother? Who tried to murder you.’

  ‘Yes,’ Dani said through clenched teeth.

  ‘It would be easy to see how someone could be tainted by such an experience. Would want to get their own back, one way or another.’

  ‘Is that a question?’

  ‘Not exactly. The question is, do you believe you acted objectively in this case?’

  ‘Objection,’ Barker said. ‘DI Stephens is not on trial here, and there is no basis to bring her professionalism into question.’

  ‘But my point, Your Honour,’ O’Hare said, unperturbed, ‘is that I have to bring DI Stephens’ professionalism into question. Because it’s my belief that her lack of professionalism has, in all likelihood, jeopardised the defendant’s position.’

  Dani gritted her teeth but said nothing. The judge thought about O’Hare’s claim for a few seconds before sighing. ‘I’ll allow you to continue. But, please, make your point clearly and succinctly, as it relates to this case and your client’s position, and not to DI Stephens’ general competence and performance.’

  ‘Understood.’ O’Hare turned back to Dani. ‘DI Stephens, do you believe that you acted objectively in this case?’

  ‘I already said yes.’

  ‘Some would say it’s quite a conflict when a murder investigation involves the brother of the lead detective.’

  ‘Any conflict was discussed internally within the police force, and it was concluded I could remain as SIO. There was no deceit.’

  ‘No deceit? OK, could you briefly explain what procedures were put in place to manage that conflict?’

  ‘It was simple. I was told that for any meetings and interviews with Ben Stephens in relation to the case I’d have to be accompanied by another officer.’

  ‘Basically, you were told not to meet with your brother on your own?’

  ‘In relation to the case.’

  ‘And yet you did?’

  Dani clenched her teeth now. ‘One time, yes.’

  ‘You broke the safeguarding procedures put in place by your own superiors. Is that correct?’

  ‘On one occasion, yes.’

  ‘Can you explain why?’

  ‘This was before Curtis had even been arrested. Before we were even considering a conspirator. We were desperately trying to catch a killer. I was trying to prevent more deaths. My brother had already made it clear that he knew something about Curtis, something about why he was doing what he was doing, but he was refusing to tell us unless we met his ludicrous demands about immunity. I thought he would be more likely to talk to me, alone.’

  ‘So you circumvented agreed procedure, without prior approval.’

  ‘On that one occasion, yes, but that meeting had no bearing on Curtis’s crimes, or this trial, or—’

  ‘But it does, DI Stephens. Because a moment ago you asserted that you always act objectively on investigations, but clearly, you are prepared to break rules, protocol, whatever term you’d like to use, when you see fit.’

  ‘I was trying to catch a killer,’ Dani said through gritted teeth.

  ‘Indeed. Hence why we are now here. Can you explain why Dr Collins was not pursued as a person of interest?’

  ‘She was. But she was also dead which limited what we could do somewhat. We pursued the evidence we had, interviewed Curtis countless times, interviewed friends, colleagues, looked through reams of electronic data, trying to ascertain any hard evidence of her involvement.’

  ‘Really?’

  ‘Yes.’

  ‘Or did you simply decide, on a whim, that in fact your brother was the number one target, and went wholeheartedly after him, ins—’

  ‘That’s crap—’ Dani interrupted.

  Barker was on his feet, clearly riled. ‘Objection, Your Honour—’

  ‘Sustained,’ the judge shouted, his raised voice enough to bring the court to an uneasy silence. ‘I’ve given you the benefit of the doubt until now,’ he said, staring down at O’Hare, ‘but I will not have you berating a witness like this without any evidence to substantiate your claims, particularly if the behaviour and actions in question are not directly related to this trial.’

  ‘But, Your Honour, this is directly related, I—’

  ‘Do you have any evidence that DI Stephens deliberately swayed the investigation to the detriment of your client?’

  ‘That’s what I was hoping to get to.’

  ‘Then do it now. This is your very last chance.’

  O’Hare still looked like she was in full control, despite the judge’s stark words. ‘DI Stephens, this might be a hard question to answer off the top of your head, but your opinion is very relevant here. In all of the hours of interviews – of electronic data searches and other steps that took place after the defendant’s arrest, looking for evidence and motive of the so-called third party manipulator – do you have any idea how much time, as a percentage, was dedicated to looking at Dr Collins as a suspect, compared to your brother?’

  ‘That’s impossible to answer, it’s—’

  ‘Actually, it’s not. My team has performed a very painstaking analysis—’

  ‘Objection,’ Barker said, on his feet again and sounding severely fed up now. ‘We haven’t been given any notice of such analysis, or any opportunity to review it for accuracy.’

  ‘I can furnish the analysis, of course,’ O’Hare said. ‘But it is simply based on records readily available to the CPS. I’d be more than happy for them to reperform the analysis if they don’t agree that it’s accurate.’

  ‘Carry on,’ the judge said.

  ‘Our calculations show that as much as five times the resources, by which I mean investigation time, was targeted at Ben Stephens’ involvement as compared to Dr Helen Collins. Five times. Does that ring true, DI Stephens?’

  ‘I’d have to review the information.’

  ‘You’re more than welcome to do that. Five times the resources, wasted on investigating the involvement of the senior investigating officer’s brother – against whom, for very obvious reasons, it could be said she holds a grudge; the senior investigating officer who has been shown to not always act objectively when it comes to matters invol
ving her brother – versus investigating Dr Helen Collins, who DI Stephens has herself admitted was the only person trained in psychiatry who had direct and regular access to the defendant during his time in jail. Yet no charges have been brought against Ben Stephens, suggesting all that effort was wasted. And the point of all this, is who knows what additional evidence might have been found as to Dr Collins’s guilt, her motive – while she was still alive even – if the police, under DI Stephens’ direction, had carried out their procedures more prudently—’

  ‘Objection,’ Barker shouted once more. ‘This is pure speculation. I’m very sorry, but the defence counsel is taking huge unsubstantiated leaps—’

  ‘Objection sustained,’ the judge said.

  O’Hare held her hands up, a horribly smug look on her face. ‘That’s fine. I’m finished.’

  ‘Does the prosecution have any questions?’ the judge asked.

  ‘No, Your Honour,’ Barker said.

  ‘Very well. Thank you, DI Stephens.’

  The clerk came back over, unable to hold Dani’s eye now.

  Head down in shame and embarrassment, Dani stepped from the box and trudged solemnly for the exit.

  Chapter 15

  Ana kept her eyes off Victor as he stepped from the bed and into his boxers and jeans. Just looking at his out-of-shape body was enough to cause revulsion to rise from within her, never mind when his sticky skin was pressed up against hers. She grabbed a cigarette from the bedside table and lit it up and took a huge inhale that sent her brain swimming – pleasantly – and which took just a tiny edge off her mood.

  ‘You remember how to do this?’ Victor said to her as he buttoned up his shirt.

  She only looked back to him when she was sure he was properly dressed.

  ‘I remember,’ she said.

  ‘And no games. You’re there to make them feel comfortable. You do anything I don’t like… you know how it ends.’

  She turned away from him. Yes, she knew what would happen. In the end, it always did.

  * * *

  Victor opened the front door and a blast of icy air smacked into Ana’s face. She didn’t even flinch. The pills dulled pretty much everything. Still, as she stepped outside she found herself pushing her head down into the fake fur collar of her coat – an instinctive reaction, and there was no doubt the soft fabric felt comforting on her skin.