Death By Dangerous (25 page)

Adey spotted a man, very distinguished-looking, waiting outside the courtroom − Orlando West. Never having seen him in the flesh before, she recognised him from his photo on the chambers website. He was even more imposing in real life. ‘Hello, Mr West. I'm Adey Tuur from Hussain & Co.'

Their eyes met. Adey suddenly felt an odd shiver down her spine.

‘I can't for the life of me understand why you think I can help?' he protested. ‘Is that solicitor − what's he called again?'

‘Hussain.'

‘Ah, yes. Is Hussain sure the Court want to hear from me?'

Adey took a few moments to compose herself. She was in no doubt, this was the man she'd seen that night in Anderson's house, having sex with Mia. As if on cue, Anderson's wife appeared from behind a pillar. West turned immediately: ‘May I introduce Mrs Anderson, here to lend moral support. What was your name again?'

‘Adey Tuur.' She held out her hand, but neither of them took it. She left for the cells.

On entering the conference room, she shared the revelation: ‘I've just seen Orlando West. He's the one I saw screwing your wife!'

‘Impossible!' Anderson replied instinctively.

‘Why?'

‘I always thought he was gay.'

‘Not from where I was standing.'

‘Are you sure, Adey?' asked Hussain. ‘It was dark.'

‘Taz, I'm sure.'

‘I'm sorry, John,' said Hussain. ‘I know how painful this must be for you.'

Anderson sat back in the chair. ‘Every day I learn something new about my old life. How could he do that to me?'

Adey had to bring Anderson back: ‘You need to focus. Does this shed any light on what happened on the 24
^th
January?'

Anderson leaned forward, acknowledging the point. She was right. ‘No, there's no real evidence against him.'

Adey followed it through: ‘I'm just thinking how these judges will react if Taz puts a defence character witness in the box and accuses him of sleeping with your wife.'

Even Anderson managed to see the irony. ‘Not our best point.'

‘I'm only putting it if it becomes relevant,' said Hussain. ‘Or they'll eat me alive.'

‘You'll just have to feel your way,' suggested Anderson.

‘Feel my way! We haven't got a bloody clue where we're going, have we?'

Nobody replied.

‘And is Connor here yet?'

‘Not yet, Taz,' Adey replied.

Hussain raised his arms to the heavens: ‘Allah, give me strength.'

The courtroom was packed. Grey stone and ancient wood for décor only added to the solemnity of the proceedings. Hussain's stress levels were at breaking point. Adey, sitting behind him, gently patted his back in an effort to keep him calm.

He turned around. ‘Connor?'

She shook her head.

‘All rise!' Three elderly gentlemen in red robes came into court and took their seats, Mr Justice Billings in the middle, presiding.

Anderson was brought in and seated in the dock on a raised platform to the right of the judges. Able to get a glimpse at the public gallery he saw his brother Stephen, and to his surprise, even his parents. Mr and Mrs Granger sat stony-faced in front of Orlando West and Mia. Were they really lovers?

DI Taylor, sitting with two CPS lawyers behind Hannah Stapleton, made no eye contact with Anderson, or the defence team.

Hussain realised that such was the arrangement in appellate courts; he would have no opportunity to consult with Anderson during the proceedings. Anxiety levels rose again.

‘My Lords,' he announced. ‘I represent the appellant, Miss Stapleton, Queen's Counsel, is for the—'

‘Don't you mean you represent the
applicant
?' Mr Justice Billings cut in. ‘He only becomes an appellant if this Court grants leaves to appeal. At the moment we haven't seen anything vaguely resembling arguable grounds.'

‘Yes, My Lord.' Hussain's first mistake. ‘Might I make a preliminary application?'

‘Which is?'

‘That the applicant sits not in the dock, but next to me, here in counsels' row?'

‘That's highly unusual,' the judge replied with disdain.

‘So is the applicant, My Lord. He was – is – a very experienced barrister, and I require his assistance to ensure that justice is done, which is, after all, the only ambition of this Court.'

‘But he's been struck off, hasn't he?'

‘Only because of this conviction, which we seek to quash, My Lord. This Court is the bowel of the criminal justice system in this great country; I implore it not to stand too much on ceremony.'

Hussain's pomposity raised one or two half-smiles. The judges consulted each other, exchanging whispered opinions.

Eventually: ‘Very well. Dock officer, please accompany the applicant. We will rise while that is done.'

Hussain was amazed, and mightily relieved.

Once Anderson was in position, and had spread his dog-eared bundle of papers out in front of him, Sam Connor made an appearance in counsels' row. He whispered: ‘That's the Court of Appeal for you – they can do what they bloody well like!'

Anderson twisted around to see his old rival.

‘I'm really sorry, John,' said Connor.

Nothing else needed saying, the past was the past. A hearty handshake and a warm smile was enough for Anderson. He had more important things on his mind. And besides, Connor was here to make amends.

‘I've remembered where I saw Heena Butt before,' Connor whispered to the defence team.

Everyone was eager to hear this revelation.

‘On the morning of the crash I was in chambers early, doing those bloody schedules.'

Anderson remembered.

‘I saw her in chambers. Coming out of West's room. He was showing her out.'

No, please no, thought Anderson.

‘I knew it!' exclaimed Hussain.

‘Shush,' said Adey, holding a finger to her lips. They were attracting the attention of the public gallery.

‘That's it now,' said Hussain. ‘West set you up. I'm going for him.'

‘Tread carefully,' warned Anderson. ‘We don't know the details yet.'

‘There's one more thing,' said Connor.

‘What, there's more?' asked Hussain.

Connor was nervous. Choosing his words carefully: ‘I can't give evidence.'

‘What are you talking about? You are the main thrust of this appeal!' Hussain's outrage was again noticed by others in the courtroom.

‘I'm sorry. I've thought of nothing else. It would ruin my career. I'd never live it down.'

‘You gave us your word,' said Hussain.

‘I want to give evidence, but…' He shrugged. ‘I'm not like Anderson. I'm weak.'

‘You're a coward,' said Adey.

‘Leave it,' said Anderson. He'd heard enough. Connor simply didn't have it in him.

‘I'm sorry,' was all Connor could say.

The others watched their star witness slope off to the public gallery.

‘Excuse me?'

‘What is it?' snapped Hussain, before realising it was Mrs Granger who had spoken. She was standing at the side of counsels' row with her husband.

She looked even more gaunt than when Hussain had last seen her. Haunted.

‘I want to give evidence.'

‘You? Why?'

Hands twitching: ‘I didn't tell the truth at trial.'

Stunned, no one knew what to say.

‘I still think you're guilty,' she said, looking directly at Anderson. ‘But I never saw your face before the crash.' Then, by way of explanation: ‘When I made me statement I were proper angry.' She shook her head. ‘So I lied. Then I just stuck with it. It were wrong o' me.' She studied her hands, fidgeting with the buttons on her jacket. Sandra Granger's anguish was plain to see.

‘Mrs Granger,' said Hussain. ‘You do realise that you would be admitting perjury? You could go to prison.'

She took her husband's hand. It had obviously been a matter of considerable debate in the Granger household. ‘I know.'

‘Right, well, thank you,' said Hussain, gathering his thoughts. ‘If you'd like to wait outside, Miss Tuur, my colleague, will come and take a statement before we call you.'

The Grangers nodded and left the courtroom.

‘Quite a turn up,' said Hussain. ‘I'll ask for time whilst the statement is taken.'

‘A grieving mother going to jail?' said Anderson. ‘We can't call her.'

‘What are you talking about?' said Adey. ‘This could get us a retrial.'

‘I don't want a retrial. I want to finish it today. I came here to find out what happened, not to sacrifice Sandra Granger to save my own skin. She's got more guts and integrity than Sam Connor ever had.'

Adey just didn't get it. Hussain did. ‘OK, my friend, I will go and tell her.'

He joined her on one of the old wooden pews, slotted between stone pillars along the corridor. ‘We're not going to call you, Mrs Granger, so you have nothing to worry about.'

‘Why not? I don't understand?'

‘Mr Anderson feels you've suffered enough. We are not here to punish you, but to find the truth about what caused this tragedy – for all of us.'

Sandra Granger stared at Hussain, unable to comprehend Anderson's generosity.

She was mystified.

‘All rise!'

The judges came back into court.

Anderson at his side, coupled with this new information about West, Hussain was rejuvenated. ‘My Lord, I call Orlando West, Queen's Counsel.'

‘Orlando West?' repeated the presiding judge. ‘He only gave character evidence in the trial. This Court always finds it a pleasure to hear the dulcet tones of Mr West, but we of course accept the evidence he gave the first time. There's no fresh evidence here.'

West, sitting in the gallery, sensed something wasn't right.

‘My Lord, there are some new matters we would wish to explore.'

‘
Explore
! This is an appeal, not a fishing expedition, Mr Hussain. Is there even a witness statement?'

‘Due to the pressure of time, I'm afraid not.'

The Court was losing patience with Hussain. ‘This really is wholly unacceptable.'

‘I can assure Your Lordship, I will take this very shortly.'

‘Very well,' said the judge. ‘But let me make it clear, so far this Court is singularly unimpressed.'

Hussain lowered his gaze to acknowledge the admonishment.

West made his way to the witness box, his customary self-assurance absent. He took the oath. The judges smiled at him, lest it be thought
he
had displeased the Court. West returned an obsequious bow.

‘Here we go,' Hussain whispered to Anderson, before turning to the witness. He began: ‘John Anderson was your pupil?'

‘Yes, he was.'

‘You took him on as a favour to his father?'

‘Yes, but we were glad to have him.'

‘You gave him an enviable start at the Bar?'

‘That's for others to judge,' West replied, smiling at Mr Justice Billings, more relaxed now that he knew the subject matter of this examination.

‘And as the years passed, you became not just his mentor, but a very dear family friend?'

‘I like to think so.'

‘You know so. You are godfather to his children?'

‘Yes, I am.'

‘You, more than most, were able to witness first hand, the utter shock and devastation that the events of 24
^th
January had on John Anderson and his family?'

‘I did.'

‘My Lord,' said Hussain, switching his attention for a moment, ‘I say that, meaning no disrespect to the family of Molly Granger, whose own loss is immeasurable.'

‘I'm sure that is understood by all, Mr Hussain.'

Hussain refocused on his target. ‘And in his hour of need, he came to you to ask but one favour – that you defend him?'

The question surprised West. Why would he ask that? ‘He did, but sadly I felt it was inappropriate for me to act, because of our friendship.'

‘But you
could
have accepted the brief, couldn't you? I mean ultimately, it was a matter for your own conscience.'

‘My own professional judgement,' came the measured response.

‘If you had known something about the events of 24
^th
January that John Anderson did not, then of course you could not represent him.'

‘Obviously.'

‘If that were the case, you wouldn't touch the brief with a barge pole, would you?'

‘What are you getting at?' West's reply had a sense of urgency. Flustered. What was coming next?

‘Is that why you turned your friend down? Because you knew something?'

‘Certainly not!'

Mr Justice Billings leaned forward: ‘This is quite extraordinary, Mr Hussain. I don't know what you're insinuating, but we commend Mr West's very difficult and apposite decision.'

Time for the kill: ‘Do you recognise this person, Mr West?' Hussain handed the usher the post-mortem photograph of Heena Butt.

West studied the photograph. ‘This person is deceased so it's difficult, but no, I can't say I do.'

‘That is Heena Butt, the woman found dead in the applicant's car. Do you know her?'

‘No, I do not.'

‘But she came to see you in chambers on the morning of the 24
^th
, didn't she?'

An almost imperceptible pause before West answered: ‘Well, I suppose it's possible, but I certainly don't remember it. I see countless people. As a lawyer yourself, you'll appreciate that.'

Outfoxed, Hussain was beginning to panic. In a last desperate lunge: ‘Were you in on this in some way?'

‘I beg your pardon?'

‘Were you party to a conspiracy to set Mr Anderson up?'

West burst out laughing. ‘Ridiculous!'

‘To get him out of the way?'

‘Why on earth would I want to do that?'

‘So that you could take his place. After all, you were having an affair with his wife, were you not?'

‘Do I have to answer that, My Lord?'

‘So you don't deny it then?' pressed Hussain.

‘No you do
not
have to, Mr West,' interjected the old judge, incandescent with rage. ‘Mr Hussain, I am appalled by what I have just witnessed. Eminent Queen's Counsel, Mr West, came here to assist the defence by giving character evidence on behalf of the applicant and you trick him into the box and accuse him, apparently without any evidential foundation, of being responsible for this tragedy and having extra-marital relations with the applicant's wife.' The aged judge paused to catch his breath. Then: ‘Rest assured, I will be reporting you to your governing body. You are not fit to wear that gown.'

Hussain was not only shaken by the reprimand, but embarrassed to have been outmanoeuvred so easily. He whispered to his client, ‘I'm so sorry, John.'

‘Don't worry,' Anderson replied, hiding his disappointment. ‘He's a worthy opponent.'

They watched West retake his seat in the public gallery next to Mia. Had Connor lied to them? Maybe Adey was mistaken? He didn't know which scenario he wanted to be the truth.

Billings wasn't finished: ‘I take it that concludes the live evidence?'

Stapleton addressed the Court. ‘My Lord, the defence made a disclosure request of the Crown this morning, which—'

‘This morning?' repeated Mr Justice Billings. ‘Why on earth wasn't that done sooner, Mr Hussain?'

‘Some information came to us very late, My Lord.'

He rolled his eyes at his brother judges.

‘I will need five minutes with the witness, My Lord,' Stapleton continued. ‘To consider any possible disclosure and then I can tender him for cross-examination.'

‘And this goes to what issue?'

‘I'm not entirely sure, My Lord. The defence assert that MI5 may hold some information pertinent to this appeal.'

‘MI5? Were they in some way involved?'

‘Not that I'm aware of.'

The judge shook his head, making his disgust at the way this appeal was being conducted abundantly clear. After a deep sigh: ‘Very well, five minutes. We'll rise.'