by Tony Kent
Sarah had seen Dempsey coming. Her eyes had been fixed on the dead agent as she fought off shock. Maguire may have seen this kind of violence before, she knew. But Sarah had not. Sarah had been raised in a wealthy Boston family. Death – even natural death – had played no part in her life. And so Sarah had no idea how to deal with what she had just seen. Luckily for her, Dempsey now provided a dramatic distraction.
The agent moved like an Olympic sprinter. So fast that Sarah had to throw herself aside as he hurdled the body of the fallen agent. Sarah’s eyes stayed fixed upon Dempsey as he passed and she marvelled as he tackled, disarmed and restrained the shooter in one smooth movement.
Seconds passed before Joshua reminded himself to breathe.
McGale remained in his crosshairs, but he might as well have been behind bulletproof glass. Joshua could not fire now that his target was restrained. Not without ruining his own cover.
McGale had been tackled with extraordinary speed. It had not been expected. The surprise had made Joshua hesitate. Just an instant. But even milliseconds can change a life.
Joshua had failed for the first time in his career. As the smoke cleared and the teams of paramedics fought to save the life of the men bleeding onstage, Joshua could only wonder what the consequences of that failure would be.
TEN
Daniel Lawrence’s heart raced as Michael Devlin cross-examined Richard Dove, the final and most damaging witness in the case against their client.
Nathan Campbell – the man Daniel and Michael were there to defend – stood accused of a financial fraud that had wiped billions off the stock market value of The Costins Group, an investment bank that had employed him as a derivatives broker.
Richard Dove had been his immediate superior. The man who – according to the prosecution case – Campbell had directly deceived in the course of his crimes.
This was Dove’s opportunity for payback. To tell the world of Campbell’s guilt. And it was his chance to publicly repair any damage caused by his own proximity to Campbell’s acts.
So far he had made the most of both.
Daniel’s notes recorded every question that Michael had asked in the past thirty minutes. He knew that his friend was doing everything he could. The charismatic barrister always did.
Their only chance of success – the only chance Nathan Campbell had of leaving the court a free man – was for Michael to undermine Dove’s evidence. To find and expose any lies the man was telling. Any prejudices he had.
But Daniel was not naive. He had been around long enough to know how the public react to bankers who take risks with other people’s money. He and Michael understood the common belief that it was men like this – men like Nathan Campbell – who cause the recessions that only seem to hit everyday men and women. And so Daniel knew that for Nathan Campbell to be acquitted, his barrister would first have to overcome that natural prejudice.
It was no surprise that the jury already hated the man now sitting in the dock. They had heard the prosecuting barrister’s opening speech. It told a damaging tale. A tale of an arrogant man who had played with hundreds of millions of pounds as if it were Monopoly money. Who had used the bank’s funds – the savings and investments of the bank’s customers – to take increasingly large gambles on the performance of foreign markets. And who had dishonestly used his bank’s ‘error accounts’, designed to protect its customers from unexpected loss, to cover his own massive failings.
The speech had ended with several jurors staring at Campbell with something close to hate in their eyes. Daniel had expected no less. It was only natural that some would take this kind of crime personally. Savers and investors the world over had been hit by what they saw as the risk-taking of men like Campbell. In all likelihood, at least some of his jurors would have suffered.
But worse had followed. As damaging as the opening speech had been, every trial rests upon the evidence that can be called, and upon the testimony of the witnesses. So far those witnesses had played their parts to perfection, each proving beyond any doubt – reasonable or otherwise – that Nathan Campbell had done exactly what the prosecution said.
It was a frustrating experience for Daniel. To watch witness after witness hammering nails into Campbell’s defence. But it was also inevitable, because Campbell had already told Daniel – and Michael – that every fact being alleged was true.
London’s Central Criminal Court – known worldwide as the Old Bailey – had been extended many times over the years. New courtrooms added, old ones renovated. Court Two, though, was one of the originals. A cavernous, wood-panelled temple.
Both judge and defendant were elevated, facing one another across the centre of the room. They sat above the jury and witness box on one side, and the full set of lawyers on the other. It was a set-up that gave Daniel a clear view of the jurors as they listened to the evidence.
And from where he sat, their belief in Campbell’s guilt was unmistakable.
This was the prejudice Campbell faced as the final prosecution witness, Richard Dove, was called. Daniel knew that even Michael would struggle to overcome it.
He also knew that Michael would not try to do so.
Convention dictates that the barrister asks the questions in court. A solicitor’s job is more understated. More legwork. Less glory. But this did not mean that Daniel had no hand in the preparation of Campbell’s defence. He and Michael had discussed every tactical move and they agreed on at least two things: that any attempt to deny what Nathan Campbell had done would be disastrous. And that, in any event, Campbell was not really what this case was about.
Michael had begun his questions carefully. He spoke with camaraderie. An old lawyer’s trick, Daniel knew. Befriend the witness. Be amicable. Be understanding. Wait for his guard to slip.
It was always more effective than starting with confrontation. And so it had proved. Michael had scored point after point. Gently encouraging Dove to admit that he had not been fond of Campbell. That Campbell’s working-class Birmingham background had not – in Dove’s opinion – justified his position within such a prestigious bank. And that he had, throughout Campbell’s career, done much to undermine him with their superiors.
These were small successes. They weakened Dove’s credibility. But in the face of the rest of the evidence – evidence that Campbell admitted to be true – they were nowhere near enough.
Daniel knew this. He knew that point-scoring did not lessen the impact of the prosecution case. If anything, it looked like clever lawyers playing clever games because they had nothing else. Michael had to go further, Daniel realised. He had to attack.
It was a dangerous tactic. An all-or-nothing gamble. It was also Nathan Campbell’s one shot at freedom.
‘OK, Mr Dove, let’s put your personal dislike for Mr Campbell to one side for a moment, shall we? Because there’s something else I want to ask you about.’
Michael’s Irish brogue became more pronounced as he spoke. It was a nervous tic Daniel had noticed before. Always there when Michael’s questions took a more dangerous turn.
‘Fire away.’
Dove seemed confident. As if Michael’s questions up to now had achieved nothing. Which suggested to Daniel that the man was not as bright as he seemed to think.
‘I will, Mr Dove.’ Michael smiled as he spoke, his tone sarcastic. ‘But thank you for the permission.’
Dove looked confused. Perhaps wondering where Michael’s matey approach had gone.
Michael continued.
‘What I want to ask you is this. You’ve told us that your role was as Mr Campbell’s immediate superior, correct?’
‘Yes.’
‘And of course we know you didn’t think he was even remotely up to the job that he had been given?’
‘I thought we were moving away from the fact that I disliked him?’
‘Oh, we have. But it’s your professional opinion we’re discussing. I’m sure you see the difference, don’t you?’
‘Of course
I see the difference.’
Daniel smiled. Michael was already getting to him. Exactly as they had known he must.
‘And we’re agreed that you thought he was pretty much incompetent, right?’
‘Right.’
‘Then would you mind telling me, Mr Dove, why it was that you allowed Mr Campbell – the incompetent Mr Campbell – to settle his own trades?’
‘What? Why does that matter?’
‘Do I really have to explain this to you, Mr Dove? Because Mr Campbell knows why it matters, and he’s apparently incompetent. So surely you know?’
‘Of course I know.’
‘Well then, perhaps you can help the jury to know as well. Because it’s right, is it not, that a trader such as Mr Campbell would usually have his trades settled by another member of the team?’
‘Team?’
‘You know what I mean, Mr Dove. By another trader on your floor. It’s a failsafe, isn’t it? It means that if a trader has involved himself in a bad transaction – in something where there has been a loss – then it can’t be hidden. Because the other trader, the one who has to settle the trade, knows about it. That’s it in a nutshell, isn’t it? It’s peer supervision.’
‘That’s right.’
‘But for some reason Mr Campbell was allowed to sign off on his own trades, wasn’t he?’
‘You’re making it sound like there’s something sinister in that.’
‘That’s your opinion, Mr Dove. As far as I’m concerned, I’m just getting to the truth. So please tell us, is it right that Mr Campbell was permitted to sign off on his own trades?’
Dove hesitated.
‘Mr Dove?’
No response.
‘Mr Dove, please answer the question.’
The intervention came from His Honour Judge Peter Kennedy QC, one of the most senior judges in the Central Criminal Court.
It had the desired effect.
‘Yes,’ Dove finally answered. ‘Campbell settled his own trades.’
Michael continued without missing a beat.
‘And can you confirm that this was in fact highly unusual, Mr Dove?’
‘What does that mean?’
‘Exactly what it sounds like. It was highly unusual – for reasons that must be wholly obvious from what we have discussed so far – that Mr Campbell was permitted to settle his own trades. That’s right, isn’t it?’
‘It wasn’t “highly unusual”, no.’
‘It wasn’t?’
‘No.’
‘OK. Then please tell me, Mr Dove. How many traders are employed under you at Costins?’
‘How many?’
‘Directly under you, yes. How many?’
‘I . . . I can’t really remember without—’
‘Without looking at the company records. Well, I have them right here, Mr Dove. Shall we take a look?’
‘I don’t need to take a look.’
‘I’m sorry, your voice dropped there. Could you repeat that?’
‘I said I don’t need to take a look!’
This time there was no chance the answer would be missed. It was almost shouted.
Daniel smiled. The plan was working. Dove was rattled.
Michael continued.
‘So you remember how many it is now?’
‘Yes.’
‘And?’
‘It’s fifty-six. Give or take.’
‘Actually, it’s fifty-six exactly, isn’t it, Mr Dove? At least according to your records?’
‘Yes.’
‘That’s a fairly specific number for you to not remember without your records, and then to suddenly remember five seconds later, isn’t it?’
‘My lord, Mr Devlin is veering very much into the realm of comment with questions like that.’ The prosecuting barrister had risen to her feet. ‘Can he be reminded to keep points of this kind for his closing speech?’
‘You’ve heard what’s been said, Mr Devlin. Make sure your questions are just that, please.’
‘My lord.’
Michael did not look away from Dove as he responded. Nor did he hesitate before moving to his next question.
‘So, fifty-six traders. Now tell me, Mr Dove, how many of those fifty-six traders working under you are permitted to settle their own trades?’
No response.
‘Mr Dove, I’m going to ask you that question again. Perhaps this time you will have the good grace to answer it. So, bearing in mind that I have your company records right here beside me, please tell me how many traders currently working under you are permitted to settle their own trades?’
‘None.’
The answer was almost spat out.
‘And how many when Mr Campbell was working under you? Again bearing in mind that we have the records right here?’
‘Just him.’
Daniel’s smile widened. He had to keep his head facing his notebook to hide it from the jury.
This is working, he thought. Michael’s got him.
‘So, back then, Mr Campbell was the only trader permitted to settle his own trades. And, right now, no one has that power. And yet you’re asking this jury to believe that such freedom wasn’t “highly unusual”? That’s just a lie, isn’t it, Mr Dove?’
‘Why would I lie?’ Dove exploded in anger. ‘What have I got to lie about? Your client’s the criminal. Your client’s the one who was losing hundreds of millions of the bank’s money and then hiding it. What have I got to lie about?’
‘Perhaps we’ll find out.’ Michael’s reply was completely calm. ‘But, before we do, who would have been empowered to allow Mr Campbell to settle his own trades? Who could make that happen?’
No response. Dove was now glaring at Michael.
‘Are you not going to answer, Mr Dove?’
No response.
‘Is it because the answer is you?’
No response.
‘Because that’s right, isn’t it? The fact is that you – as Mr Campbell’s immediate superior, as the man responsible for him and for everyone else on your floor – you would have had to authorise a working practice that allowed Mr Campbell, as a trader, to sign off on his own trades. To effectively become his own supervisor. That’s correct, isn’t it?’
No response.
‘Mr Dove, you will answer the question.’ Judge Kennedy again.
Dove looked up at the judge, to whom he directed his answer.
‘Yes, your honour. I would have to authorise that.’
‘And you did, didn’t you?’ Michael was relentless.
Dove looked back towards the barrister before answering.
‘Yes. Yes I did.’
‘Can you please explain why? Why such unusual treatment was given to this particular person.’
‘Because he was successful,’ Dove replied. ‘He was making more money than half of the rest of the floor combined. So when he asked for that freedom I thought it would speed him up. That it would make even more money for my section.’
‘But, Mr Dove, you’ve already told us at length that Mr Campbell wasn’t up to the job. You didn’t think he even deserved his place on your floor. But now suddenly he’s your best trader?’
‘I didn’t say he was my best.’ Dove seemed to be floundering. ‘I said he was the most successful. There are many reasons that could be.’
‘Yes, there are. But the only one of them that doesn’t justify even greater supervision than usual is that he was the best, isn’t it? Because if he isn’t the best but he’s still getting results above and beyond everyone else, then there’s probably something dodgy going on, isn’t there?’
‘Well we know something dodgy was going on, don’t we?’
The anger was back. Dove seemed to have chosen his battle. A battle Daniel could not wait to see.
Dove continued.
‘That’s why we’re here. Because he was up to no good.’
Michael smiled. When he spoke his voice was gentle.
‘Mr Dove, if an incom
petent trader was doing so well you would have assumed that he was either lying about his success, or that he was achieving it through dishonest means, wouldn’t you?’
No response.
‘And in either case you would have increased your supervision over Mr Campbell, wouldn’t you?’
No response.
‘And yet what you actually did was exempt him from even the standard supervision that applied to all other traders. You gave him free rein to do exactly as he pleased. Why is that, Mr Dove? Why did you do that?’
Once again there was no response. This time Michael allowed the silence to settle.
Daniel looked at the jury. They seemed confused. Baffled by where Michael had taken Dove’s evidence. Questions seemed to be forming in their previously certain minds. It made Daniel smile again. But not over what had happened so far.
No. Daniel was smiling because of what he knew was coming next.
‘Is there a reason you’ve stopped answering my questions?’
Michael’s voice was still gentle, and all the more disconcerting because of it. He continued.
‘Are you refusing to answer because you’ve been lying?’
It was a red flag to a bull.
‘I’ve already told you, I’ve got bugger all to lie about. What have I lied about, eh? Go on. Tell me.’
‘The same thing you’ve been lying about for a long, long time.’ Michael’s voice was beginning to rise. ‘Because you didn’t sign off on Mr Campbell settling his own trades, did you?’
‘What?’ Dove seemed taken aback.
‘You didn’t sign off on that because it never happened. Mr Campbell never did settle his own trades, did he? He never was free of the supervision that applied to everyone else. Because he had someone else settling his trades throughout the entire period that he was supposedly hiding his actions from the bank. And that someone was you, wasn’t it?’
Daniel watched as the jury registered the question. They were hooked.
‘What sort of absolute bullshit are you trying to peddle?’
Dove’s response was angry. It was also immediate. Far too fast if Michael’s suggestion was something he had not heard before. Far too fast if what was being put to him was untrue.
