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by Ernesto H Lee


  “Oh yes, don’t forget Paul Donovan’s debit card that was found in my wallet.”

  My humor doesn’t go down well with her and she reminds me of one of her conditions. “This is not a game, DC McMillan; please don’t forget my conditions for representing you. If there is anything else or any kind of hidden agenda, then I need to know. As things currently stand, you are looking at a possible life sentence, so if there is anything else that might help your case, please say so now.”

  “That’s everything, Ms. Monroe, and I know that it doesn’t look good for me. I need to know, though, if you agree to the way that I want to handle this. If you don’t, please tell me and I will arrange for another solicitor.”

  One of Jean’s very first questions at the start of our meeting had been to ask me if I had murdered Paul Donovan. I had, of course, denied murdering him, but I had then followed up my denial with the bombshell that I would not be fighting too hard to clear my name too quickly.

  I had given her my reasons and we had argued this point for quite some time before eventually moving on without her saying whether she would support me.

  In fairness, who would blame her? I should imagine that this is one of the strangest defense strategies or requests of her career to date.

  The way I figure it, with me in prison, Douglas will have no reason to think that I am working to bring him down, which in turn means that Maria, Ben, and Carol will stay safe.

  She looks like she was hoping that I wouldn’t ask again, but when she replies it is obvious that she has given my request some careful consideration.

  “DC McMillan, even now, the weight of evidence against you seems to be overwhelming and it would be a tough job for even the very best solicitor to defend you.

  “I do understand your reasoning, though, and whilst it is not a course of action I would recommend, if what you have told me is true, I will support your decision for now. I just hope that you fully appreciate what that means for you?”

  It is a great relief to know that I have her support and I thank her and apologize for my earlier sarcasm before ending the meeting.

  “I think I understand what it means and if there was any other way, believe me I would be taking it. Please just trust me for now and do what I asked you to do earlier.”

  With the meeting over, Jean gathers up her papers and stands up to leave. “Okay, if there is nothing else for now, I will arrange for some lunch for you. Your interview is set for 2.15. Good luck, DC McMillan.”

  The last time I was in Interview Suite One was just two days ago for my ill-fated interview with Terry Fletcher and it is hard to believe that my fortunes have taken such a dramatic downturn in such a short space of time.

  Across the table, Detective Chief Inspector Morgan has the same look of disappointment on his face that he had when I was loaded into the back of the police van and Catherine has the same look of embarrassment as when I last saw her.

  I am surprised to also see Detective Constable Mark Walker sitting opposite me nervously shuffling through a pile of papers. If you remember, this is the guy that was lobbying to take over the Glennister case from me. Obviously, Morgan has decided to give him his shot at the big time.

  The biggest surprise of all, though, is the arrival into the room of Detective Superintendent Clive Douglas and his announcement that he personally will be leading the interview. He is addressing Jean Monroe but is staring right at me, and I am convinced that he is trying to gauge my reaction as he speaks.

  “Given the extremely serious nature of the charges against Detective Constable McMillan, this investigation now falls under the jurisdiction of the Serious Crimes Squad.”

  Despite our earlier agreement, Jean still wants to make sure the interview is conducted fairly and in accordance with the law and so she interrupts Douglas before he can carry on.

  “And is it usual for a detective chief superintendent to be leading the interview of a detective constable, even given the serious nature of the alleged offence?”

  Clive is well used to dealing with talented solicitors and is not fazed by her question. “I’m sure your client has already informed you of the personal interest that I was taking in the case he was investigating.

  “During this time, I had the opportunity to get to know DC McMillan on a personal level and he came across as a talented and dedicated young detective. Regardless of what he has done, my only interest is in making sure that we get to the truth and that he is treated fairly. Isn’t that what we all want?”

  I whisper to Jean that I have no objection to him leading and, with no further questions or comments, Morgan asks Catherine to lead off with the interview formalities, which she does after starting the tape.

  “This interview is being recorded, and for the benefit of the tape, the time now is 2.22 pm and the date is Thursday, 15th February 2018. Present in the room are Detective Superintendent Douglas, Detective Chief Inspector Morgan, Detective Constable Catherine Swain, Detective Constable Mark Walker, Detective Constable Sean McMillan and Duty Solicitor Ms. Jean Monroe. DC McMillan, before we start the interview, I must caution you that you are still under arrest on suspicion of the murder of Paul Donovan on 14th February 2018. Do you understand?”

  When I nod and verbally confirm for the tape, Douglas smiles and thanks Catherine.

  “Very good — let’s begin then, shall we? DCI Morgan, if you could set the scene, please.”

  Morgan has a single sheet of paper in front of him with a list of prepared questions that have no doubt had input from DS Douglas. He has that look of a disappointed parent again and I suspect that given the choice he would rather not be here today. I am one of his team, though, and despite the circumstances, he will want to satisfy himself fully as to my guilt or innocence before writing me off as a murderer. There is a short pause as he pours himself a glass of water, and then he straightens himself up and asks me where I was at around 4 pm yesterday afternoon.

  There is absolutely no point in lying, Douglas and his bent sergeants will have already given statements placing me at Maria Pinto’s house and they may also have statements from any of the neighbors who might have seen me.

  “I was at Maria Pinto’s house.”

  Both Morgan and Cath seem disappointed at my answer, as if they were hoping for me to have some other answer or alibi to take me away from the murder scene and it causes Morgan to hesitate before his next question. Douglas’ expression doesn’t change, but he touches Morgan’s hand to continue.

  “Why were you there without your partner, DC McMillan? We spoke just after yesterday’s team brief and I gave you permission to speak with Maria Pinto again. According to Detective Constable Swain, you visited Maria’s home at approximately 11.20 yesterday morning and were informed by Benjamin Pinto that Maria had gone shopping in London. Why did you go back and why did you go without Detective Constable Swain?”

  My dream travel back to the argument with Catherine means that my later conversation never took place with Morgan, so he has no idea about her association with Douglas. Catherine looks terrified, though, and so she should. She is clearly expecting me to reveal what I know about her pay-as-you-go phone. I need allies, though, and have already discussed my response to this question with Jean Monroe.

  “I was made aware of an imminent threat to the life of Ben Pinto. I wasn’t able to find DC Swain and I didn’t want to risk waiting to find her.”

  “Did you try calling her, or calling for any other backup, DC McMillan?”

  “Um yes, yes, of course I did.”

  Cath sits forward in her chair. “I didn’t have any missed calls from DC McMillan all day, sir. In fact, I tried to call DC McMillan to find out where he was twelve times between 2.10 pm and 5.11 pm.

  “And did you manage to locate him, DC Swain?”

  “No, sir. His phone was switched off.”

  DCI Morgan is about to speak again, but he is stopped by Douglas. “It wasn’t just switched off, was it, DC McMillan?”

  D
C Walker places two clear plastic evidence bags on the table and reads out the serial numbers, “I am showing DC McMillan exhibit Alpha Bravo 4986, one silver color iPhone 7 and exhibit Alpha Bravo 4987, one Vodaphone SIM Card. Both items are registered to Detective Constable Sean Arthur McMillan.”

  Douglas doesn’t bother asking me to confirm if they are my items. We all know they are and he is keen to move on to more important questions.

  “Why did you remove your SIM Card, DC McMillan? You didn’t want to be located, did you? Tell me about this imminent threat. Imminent threat from whom?”

  This is the point where I can implicate Douglas or implicate myself. Both options leave me in a precarious position, but why have Clive Douglas as an enemy? I have work to do and it will be far easier if he thinks I am playing ball.

  “An imminent threat from Paul Donovan.” I say.

  “Paul Donovan? Really? The same Paul Donovan that you were investigating for a murder in 1994?”

  “Yes, that’s correct.”

  Douglas looks down at his notes for a second, then he whispers in Morgan’s ear and indicates for him to take over the questioning. But Morgan looks reluctant.

  “DCI Morgan, is there a problem?”

  “No, sir, of course not.”

  “Carry on then, please.” Douglas says.

  “DC McMillan, your investigation suffered a number of serious setbacks in the last 48 hours. That must have been quite a disappointment for you after all of your hard work. How would you describe your state of mind on Tuesday evening and yesterday?”

  Before I can answer, Jean interrupts, “Hold on, Sean, don’t answer that question. Where is this leading, Chief Inspector?”

  “Your client is an alcoholic, Ms. Monroe. Didn’t he tell you that?” Douglas is finally revealing his true colors and can’t hold himself back. “He was pulled in for drink-driving on Tuesday evening. I only wish we had charged and held him. Perhaps if we had, Paul Donovan might still be alive now.”

  Morgan looks livid at the unprofessional behavior of Douglas and the obvious implication that I had murdered Donovan and he apologizes to Jean and takes back control of the interview.

  “For the benefit of the tape, I apologize and wish for the last comment to be ignored. Sir, please allow me to continue?”

  Douglas looks annoyed at being undermined by Morgan, but he reluctantly nods and leans back in his chair.

  “Thank you, sir. DC McMillan, I asked about your state of mind.”

  That dirty fucker has clearly told them about my trip to Tesco for whisky on Tuesday afternoon and I was drunk from the absinthe when I was arrested yesterday. I am confused about whether he is just playing along for the crowd and planning to pull something out of the bag later to rescue me. But, for now, I might as well play along.

  “I was disappointed, sir. I had a few drinks on Tuesday evening. So what? We all have a drink every now and then, don’t we?”

  “Did you go to Donovan’s builders yard yesterday morning?”

  Cath is looking embarrassed. While I am hoping to get her back on side, I don’t see why she shouldn’t suffer a bit for what she has done.

  “If DC Swain says we did, then we must have. What else did you say, Catherine?” I add sarcastically.

  Morgan holds out his hand to stop Catherine answering, and then he addresses Jean, “Ms. Monroe, your client doesn’t appear to appreciate the gravity of the situation he is in. This is not a game.”

  I actually feel guilty that I have annoyed DCI Morgan. He has supported me all the way and clearly, this whole scenario is difficult for him, so I apologize for my sarcasm.

  My apology seems to satisfy him and he moves on. “Did you assault Paul Donovan yesterday morning?”

  This makes me laugh slightly, which annoys Jean.

  “If by assault you mean did I poke him in the chest, then yes, I assaulted him.”

  “You must have been very annoyed with him, DC McMillan.” It is Douglas speaking again and it doesn’t take a genius to see where he is taking this.

  “Yes, I was annoyed, Detective Superintendent Douglas. You know the man and you know what he has done.”

  “That’s all well and good, DC McMillan, but it’s not Paul Douglas that is under investigation here. DC McMillan, were you annoyed enough to lure him to Maria Pinto’s house to kill him?”

  You could hear a pin drop in the interview room and, judging by the expressions of my former colleagues, they were obviously not expecting such a direct question so soon. Jean points to a note on her pad and I nod my agreement.

  “Detective Superintendent Douglas, on my advice my client will be exercising his right to silence and will not be answering any further questions. I request that you now either charge or release my client.”

  Douglas can’t hide his obvious satisfaction with how things are going and is now definitely showboating for the benefit of the room.

  “All in good time, Ms. Monroe. I haven’t finished yet. Did you lure Paul Donovan to Maria Pinto’s house, DC McMillan?”

  “No comment.”

  “You lured him to her house, you argued, and you stabbed him to death, didn’t you?”

  “No comment.”

  Morgan is looking heartbroken. “Sean, you need to speak up for yourself, lad. We can’t help you if you don’t tell us what happened.” His interruption has annoyed Douglas again and he throws him a look that tells him to keep quiet.

  “Thank you, DCI Morgan, we all have the best interests of DC McMillan in mind, but he is entitled to exercise his right to silence. DC Walker, the next exhibit, please.”

  “Yes, sir. I am showing DC McMillan exhibit Alpha Bravo 4992 — one hunting knife with a molded grey plastic handle and a six-inch blade with a serrated edge.”

  “Do you recognize this item, DC McMillan?”

  “No comment.”

  “Is it yours?”

  Catherine looks like she is close to tears as she waits for my reply.

  “No, it’s not mine.”

  Douglas picks up the exhibit bag and theatrically holds it up for everyone. “Really, DC McMillan? Take a closer look. Are you sure it’s not yours? It has your fingerprints on the handle and it was found in one of your kitchen drawers.”

  Jesus Christ, that absinthe really did knock me out. It’s bad enough that they got into my locked apartment without waking me — they also managed to put the knife into my hand without waking me before planting it in my kitchen. If I wasn’t a dream traveler, I would be well and truly fucked. My stance is the same, though.

  “Answer the question — is it your knife?”

  “No comment.”

  “One of Paul Donovan’s debit cards was recovered from your wallet after your arrest. How did it get into your wallet?”

  “No comment.”

  Whilst we had already agreed on our tactics, it is completely alien of Jean to sit quietly while one of her clients is being cross-examined without her speaking up and she has now had enough.

  “DS Douglas, I would like to request a short break to confer with my client. Please suspend the interview.”

  “No need, Ms. Monroe. We are nearly done here, I think. DC McMillan, did you murder Paul Donovan on or around 4 pm on 14th February 2018?”

  As I consider my answer, Morgan’s words are playing over and over in my head: “Speak up for yourself, lad; speak up for yourself, lad.”

  It is killing him and I hate myself for allowing him to think that I am a murderer, but for my plan to keep moving I don’t have any other choice.

  “No comment.”

  Douglas smiles and then closes his notebook and nods to Morgan, “Carry on, DCI Morgan.”

  I can almost hear Morgan choking on his words and it is probably the hardest arrest his has ever had to make.

  “Detective Constable McMillan, I am arresting you for the murder of Paul Donovan. You do not have to say anything, but it may harm your defense if you do not mention when questioned something which you later rely on in
court. Anything you do say may be given in evidence. Do you understand?”

  I nod but don’t answer, so Morgan mentions my acknowledgement for the benefit of the tape and winds up the interview with, “You will now be taken back to your cell and we will be making a formal application to transfer you to prison. We will also be making an application to refuse any bail application on the grounds that you have the financial means and ability to abscond. DC Millan, Ms. Monroe, do you have anything else to say before we terminate this interview?”

  His look is willing me to say something, but when I don’t, he reluctantly indicates to Catherine to stop the tape.

  “For the benefit of the tape, the time now is 4.52 pm. This interview with Detective Constable Sean McMillan is now terminated.”

  After completion of my interview things moved fast, even by normal standards. I was allowed to speak with Jean again for another hour before going back to the holding cell. I was then transferred to the Magistrates Court at 8.20 pm for the preliminary hearing and application to remand me in custody. Despite Jean’s best efforts to persuade me, I declined her offer to make a bail application or to speak on my behalf. Because of this, the result was a foregone conclusion and by 9.30 pm, the magistrate had approved the application to transfer me to prison pending my trial. When I am taken outside to the transfer van, Jean is standing off to the side looking completely drained and completely confused.

  She is here, though, so she obviously hasn’t given up on me yet. I call out to her as they put me in the back of the van.

  “Jean, don’t forget what I asked you to do earlier. Please trust me.”

  Unsurprisingly, she doesn’t answer; this surely has to be one of the strangest days of her life. If she walked away and forgot about me, I wouldn’t blame her. She wouldn’t do that, though. She is a woman of principle and if nothing else, her curiosity for the unanswered questions would drive her mad.

 

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