11
Later that afternoon, four men sat in the Dean’s
room within the Advocates’ Library; David Murray himself, Skinner,
Martin and a second advocate Peter Cowan, who held the elected post
of Clerk of Faculty. Before each was a photocopied list summarising
every criminal trial in which Michael Mortimer had led for the
defence.
Cowan explained: ‘I’ve prepared this report to help
you gentlemen determine whether you should continue to explore the
premise that Mike might have been killed by or at the behest of a
dissatisfied client. I imagine that subsequent events make this
possibility much less likely, but let us proceed anyway with our
analysis.
‘My findings bear out the Dean’s view. Mike
Mortimer was a very good criminal advocate. That’s a matter of
record, not just of opinion. Even those who were convicted, tended
to receive below-average sentences. Here’s a good example. A man
convicted of a series of mortgage frauds: sentence three years. Now
I happen to know that the Crown took a very hard line in that
prosecution. Mortgage fraud isn’t common, but it’s easier to bring
off than most people think, and they wanted an exemplary
sentence.’
‘I know,’ said Skinner. ‘My fraud guys investigated
that one. It involved obtaining twelve houses through fraudulent
mortgage applications, renting them, often to DSS cases, to service
the mortgages, and eventually selling on at a profit. The building
societies were screaming bloody murder.’
‘Right,’ said Cowan. ‘So there’s the Crown, with a
unanimous conviction, having dropped heavy hints to the judge, one
of the harder Senators, by the way, that ten to fifteen years might
be about right, and Mike gets to his feet. Next thing the Advocate
Depute knows, the accused is a simple soul who had no real criminal
intent, a poor chap whose wish to put roofs over the heads of
homeless young people just got out of hand. The fact that he was
enjoying their sexual favours as part of the deal was never led in
evidence by the Crown. They didn’t think they needed it. By the
time Mike has finished, there are tears in the eyes of the hanging
judge, and his client goes whistling off to Saughton with only a
three-stretch.
‘Here’s another: Strathclyde Police round up a
really nasty tally man, a loan shark of the worst kind. The charges
include serious assault, extortion, you name it. But the police
witnesses were a bit sloppy, and one or two of the victims were
clearly a bit wide themselves. Mike goes on the attack, and his
client goes back to Castlemilk a free man, on a Not Proven verdict,
to his astonishment and joy.
‘Then there’s the Chinese job. A young Japanese
student at Strathclyde University - the daughter of an
industrialist, resident in this country — is found raped and
strangled. Two Chinese waiters are arrested. One of them has the
girl’s knickers in his pocket. Mike and Rachel Jameson defend one
each. They put up a lovely impeachment defence. First, they claim
that the girl was into group sex, and produce three witnesses to
that effect, one Chinese, two white. Then their clients allege that
there was a third boy involved. Neither of the other two knows his
name. They claim that the girl was a willing participant, that they
left her behind with this bloke, and that he must have done it.
Forensic evidence — semen samples and so on — confirms that there
was a third person involved and the two lads are acquitted, fifteen
— nil.
‘I’ve been through the rest of Mortimer’s court
work. There is nothing else of any significance. One or two
small-timers in jail for shorter terms than they expected, others
free and happy, and absolutely no sign of anyone swearing
vengeance.’
Skinner and Martin sat deep in thought. Murray
looked frustrated.
‘Thank you, Peter,’ said the Dean. ‘Faced with
that, we are forced more and more to the conclusion that Mortimer
just happened to be in the wrong place at the wrong time. Such a
damn waste. I almost wish you had found a link.’
But Skinner’s optimism had not dissipated. ‘I
agree, David, I can’t see anything there either. Still, there is
something. I know it, and I’ll nail it, and I’ll nail him. Can you
find me transcripts of those three trials?’