Skinner arrived at Sarah’s flat just five minutes before midnight. She met him at the front door. ‘Bob, you look exhausted. What a day you must have had. Come on, let’s not bother with a night-cap. Let’s go to bed.’
As they undressed in silence, Sarah looked beneath the tiredness, and saw that Skinner the detective was still mentally at work.
‘Come on then, darling, tell me what’s wrong.’
‘I’m not exactly sure. I have a feeling that I’m going to lose this guy to the Japanese, and that’s eating at me. But there’s something else, too. It’s been niggling away since the start, and I can’t nail it down.’
‘Look, Robert, you’ve got the right man, yes?’
‘Look at the evidence. And he as good as admitted it before his mind went on its holidays.’
‘Then does it matter whether he spends the rest of his life in a secure mental hospital here, or in one in Japan. Because that’s the likely outcome, as Kevin O’Malley would tell you right now, if you really pressed him.
‘It matters to me that people know that we’ve caught him, that they can feel safe again. That’s what really matters.’
‘Then that’s your deal with the Japanese. They can have him without protest, but the story is told.’
‘My lovely Doctor, you are too sensible for your own good. Come here.
‘Skinner, you must be joking! Sleep - now!’
And almost instantly, involuntarily, he obeyed.
37
The meeting with Shi-Bachi and Allingham took place once more in Proud Jimmy’s fine, oak-panelled office. Tea was served in delicate china cups, and two plates of MacVitie’s chocolate digestive biscuits, obligatory at such meetings, even at 9.30 a.m., were placed on the highly polished table, around which seven men sat.
Skinner was on the Chief Constable’s right, with Martin beyond him On Proud’s left, sat Assistant Chief Constable Graham Parton, Strathclyde Constabulary’s Head of CID, with Willie Haggerty by his side.
Shi-Bachi and Allingham sat opposite the group of policemen, giving the meeting a suitably formal air. As soon as his secretary had poured the tea and left the room, Proud took the initiative.
‘Your Excellency, I do not propose that a written record be kept of this meeting. But, I would ask you to agree to the attendance as an observer of Mr John Wilson, who is Private Secretary to the Lord Advocate, our senior Law Officer. In suggesting this, I recognise formally that our courts do not have jurisdiction over Mr Yobatu in the matters which we are here to discuss.’
The Ambassador returned Proud Jimmy’s cool gaze. He nodded briefly. ‘I have no objection, Chief Constable.’
‘Thank you, sir.’ Proud turned to Martin. ‘Chief Inspector, you should find Mr Wilson in my outer office. Would you please invite him to join us.’
‘Sir.’ Martin left the room.
Skinner was surprised. The Chief had not told him about the Lord Advocate’s observer. However, he supposed to himself that it was only natural for the politicians to want to keep an eye on a sensitive matter which was, not only in theory, but in all probability in practice, out of their hands.
Martin reappeared a few seconds later. He held the door open to admit a tall man in his early forties, with thinning hair and a sharp face. Wilson took a seat at the table, midway between Shi-Bachi and Martin, symbolically at least, a member of neither camp.
Proud Jimmy nodded towards the man, ‘For your benefit, Mr Wilson, and, to an extent, for that of ACC Parton, I will ask Chief Superintendent Skinner to give an account of his investigation, and of the events which have led us all to this meeting this morning.’
Skinner looked to his right, making full eye-contact with Wilson. The man dropped his eyes after only a couple of seconds. In a far recess of Skinner’s mind an alarm bell sounded, faintly. He ignored it and began to speak.
Once again, he went through the story stage by stage, looking at Wilson frequently as he did so, as if the man was a juror, and he was in the witness-box. As he reached the climax of his tale, he described in detail the encounter with Yobatu, citing the man’s delight at the manner of Shun Lee’s death, and his silent reaction to the discoveries in his garage.
Turning from witness to prosecutor, he began to sum up. ‘So where does that leave us, gentlemen?
‘It brings us to a position where we have motive, opportunity and hard evidence, all pointing to the guilt of Yobatu
san
of the murders of Shun Lee, Mortimer and Miss Jameson, and forensic evidence which proves categorically that the killer of Mortimer was responsible also for the murders of the unknown man, Mrs Rafferty and PC MacVicar.
‘On the basis of our evidence we believe that we would undoubtedly gain convictions on the four Edinburgh murders, at the very least, were Yobatu
san
fit to plead. At the moment he is not, but the opinion of two psychiatrists who have seen him is that should he recover from his present collapse, his mental condition at the time of the murders would be a matter for the judgement of a jury.
‘But all of this, Mr Wilson, is academic. As an honorary vice-consul of Japan, Yobatu san enjoys diplomatic immunity, and could not be prosecuted for these crimes, even if he were fit to plead. That is the situation which we are here to discuss.’
Skinner looked across at Shi-Bachi. ‘Your Excellency, you can see my - our position. We have had a series of brutal murders which have caused great public concern.
‘We believe that we have caught the perpetrator. But we can’t tell the public, to allay their fears, and we can’t charge the man because of his status.’
Skinner sat back in his seat and looked at Shi-Bachi.
But before the Ambassador could speak, Allingham broke in. ‘Correct me it I am wrong, Chief Superintendent, but Yobatu
san
has not admitted these crimes.’
Skinner looked at him, mastering his dislike of the man only with an effort. ‘Superintendent, listen as a policeman to what I am saying to you. The evidence here is so strong, that in all my experience, I have never encountered a jury which would have acquitted after hearing it.’
Shi-Bachi waved Allingham to silence. ‘Gentlemen.’ He looked directly at Parton, then Proud, and finally Skinner, upon whom his gaze settled as he spoke. ‘I grieve for what has happened in your cities. I grieve for the people who are dead. But what can I do? We have a man suspected of vile crimes who is under the protection of international law. I cannot remove his status.
‘However, Yobatu san himself can elect to stand trial and face the consequences if he is convicted. In theory, I cannot force him to make that choice, Nevertheless, I am of the Japanese royal family; he is samurai. In practice, I can order him, and he will obey. Should his condition improve so that it becomes possible, that I will do.
‘In the meantime, you may keep him in your hospital for as long as is necessary. My Embassy will pay for his treatment, and will fly over the best available man in Japan to assist. For the present, I suggest that you tell your newspapers that you have arrested a man, who is for the moment too ill to be charged or to stand trial, but that you are looking for no one else. Then your people can feel safe again.’
Skinner’s face brightened as Shi-Bachi spoke.
‘Your Excellency, that is a most generous proposal.’
Proud and Parton nodded in support. The Chief Constable spoke for the first time in twenty minutes. ‘Yes, Mr Ambassador, thank you indeed. We will discuss the wording of our announcement with our Crown Office and with you before any statement is issued.’
‘One moment please, gentlemen.’ Wilson’s soft voice broke in. The policemen turned to look at the man in surprise, and with the beginning of annoyance. A second alarm bell sounded in Skinner’s mind, louder this time.
Wilson’s eyes were fixed on the table in front of him. He spoke slowly, choosing his words with great care. ‘While I am only an observer here, I am, none the less, privy to the views of the Lord Advocate. Therefore I have to tell you that I have reason to believe that he would not concur with the course of action which the Ambassador has proposed.’
‘Why?’ Skinner barked the word.
‘Only this morning I discussed with Lord Muckhart the question of the possible renunciation of the right to diplomatic immunity. It is the Lord Advocate’s view that such a step would set a dangerous precedent For example, circumstances might arise involving one of our own nationals, in a situation where that person might be placed under physical pressure to forego diplomatic status.
‘I would even suggest that in this case there might be nations, and who knows, even people in your own country, Your Excellency, who would allege that Yobatu
san’s
revocation was the result of physical duress.’
Skinner thumped the table. ‘Don’t be so fucking stupid!’ he shouted at the man. But Wilson did not flinch.
‘Chief Superintendent, I can see why you are angry. I know that the Lord Advocate will understand too. But it is not going to change his view that the prosecution of Yobatu could undermine the whole principle of diplomatic immunity and could place certain of our nationals ... ’
‘Our diplomatic spies, you mean,’ Skinner fired at him.
‘Yes, it is possible that people involved in the necessary gathering of intelligence might be placed in jeopardy.’
As Wilson finished Allingham coughed quietly and spoke. ‘Gentlemen, I should tell you also that I have been instructed personally this morning by the Foreign Secretary. You will find that he shares the Lord Advocate’s view. He believes that it would not be in the national interest for us to seek the removal of Yobatu
san’s
diplomatic immunity. It was his hope that this meeting would result in the immediate repatriation of Yobatu
san
to Japan, on a voluntary basis of course. Your Excellency will understand that the Foreign Secretary wishes to avoid the necessity of declaring him
persona non grata.’
Four of the five policemen sat shocked and silent.
Only Skinner hurled a response back across the table. ‘And has your Foreign Secretary told our Secretary of State that he intends to interfere in his territory? Poor wee Mrs Rafferty was his constituent. Does your man know that?’
Wilson replied for Allingham. ‘Mr Fairchild has been told, Chief Superintendent. As far as territory goes, when a person has a diplomatic passport, technically the ground on which he stands becomes foreign soil.’
‘Don’t lecture me on the law, mister!’
‘Please don’t take it personally, Mr Skinner. The Secretary of State accepts the fact of the matter.’
‘So did Pontius fucking Pilate!’
Gently, Proud placed a hand on Skinner’s sleeve.
‘So what do we tell our people?’ the Chief Constable asked. ‘That we’ve caught the bogeyman but that the politicians won’t let us touch him? His tone reassured Skinner.
Allingham and Wilson began to reply in duet. Allingham nodded and Wilson went on. ‘You’re not going to tell the people anything, Mr Proud. We, and I speak here with the authority of the Lord Advocate, and through Mr Allingham, the Foreign Secretary, do not wish this to become a public issue.’
Skinner laughed harshly. ‘Look, pal, six dead people make it a public issue!’
‘And one which will remain unresolved. We do not wish to see pressure growing for Yobatu to be tried. As we have said, ministers are determined to protect the principle of diplomatic status.’
Skinner looked from Allingham to Wilson and back again.
‘This whole meeting has been a sham, hasn’t it. You two bastards have had your heads together earlier on, to ensure that your bosses get the result they want. You’ve conned us, you’ve conned the Ambassador and now you’re proposing to con the people. Just who do you think you are? How do you think you can stop us from going public on this. I answer to my Chief, and he answers to the Courts, not to you. How can you stop him, or me, from walking out of this room and making a statement to the press?’
But even as he threw down the challenge, turning to find a look of furious defiance in Proud’s eyes, Skinner knew that it was a bluff. And even as the Chief opened his mouth to back him, Wilson called it.
‘Come on now, Chief Superintendent, I see that I do have to remind you of the law. You must know full well that in criminal investigations you are the agents of the Lord Advocate. You answer to him, not the Courts, and I have just told you what his instructions are, or at least what they will certainly be. I’m sorry, Chief Superintendent. There it is. Ministers have reached a clear view; we all will have to live with it.’
‘Sure,’ said Skinner his voice laden with contempt, ‘unlike Shun Lee, Mike Mortimer, John Doe the Wino, Mary Rafferty, lain MacVicar, and Rachel Jameson we’ll have to live with it. And in five years or so, when people see a few quid to be made from a nice gory book about the Royal Mile murders, and point the finger at us as the idiot coppers who couldn’t catch the maniac, we’ll have to live with that, too.’
He looked across at Allingham. ‘What will you boys do when some clever journalist follows the trail we’ve followed, comes to the same conclusion, and makes it the last chapter of one of those books?’
‘It won’t be published.’
‘Or if an MP is persuaded to put down a question?’
‘It won’t be accepted.’
‘And if there’s any other way you’ll block that up too. Right?’
‘Yes, Mr Skinner, that is correct. We have the power to do all that and we will use it should it ever become necessary. This is a story that will not be told.’
Skinner glared at Allingham. Silence hung over the table.
It was Shi-Bachi who broke it. ‘But can you stop me from telling this tale in Japan, Mr Allingham?’
Everyone, including Wilson, whose expression was suddenly shocked, looked at the Foreign Office man.
Allingham raised his hands from the table, steepled them and looked closely at his finger tips. After what seemed like an age, he turned to Shi-Bachi and answered him in a voice so low that it was as if he was afraid that he might be overheard. ‘Yes, Your Excellency, I think that you would find that we can.’