13
Rachel Jameson arrived home at 6.45 p.m. She
still ached from the loss of Mortimer, but she had decided against
asking the Dean to grant her leave from practice. Instead, she had
chosen work as her solace. In her line of business, that had meant
acting for the defence in a nasty rape trial in the High Court in
Glasgow.
The first day had been taken up by the empanelling
of the jury, and the opening statements of counsel. The second,
which had ended that afternoon at 4.25 p.m., had seen the alleged
victim spend four and a half hours in the witness box.
Patrick McCann, Rachel’s client, was a dark man in
his late twenties. The rape of which he was accused was
particularly brutal, with the victim having been mutilated after
the attack.
The trial troubled Rachel; she knew with utter
certainty that her client was guilty. The girl, who had been
attacked in her own home, had known McCann by sight and reputation.
The weapon had been found, with blood patches, consistent with the
victim’s group, on the handle, and with clear prints of the
accused’s thumb and two fingers.
All the forensic evidence backed up the Crown
argument. To cap it all, the victim, who had been forced to have
every kind of sex with her attacker, had described in detail a
brown mole on the right side of the man’s penis.
Rachel’s advice to her client, endorsed by the
instructing solicitor, had been quite clear. ‘Plead guilty. If you
go to trial you will be convicted and the judge will probably give
you a life sentence. Plead, save the woman the ordeal of a trial,
and keep detailed evidence from the Bench, and I might, just might;
be able to keep it down to about eight years.’
McCann had looked at her with the arrogant eyes of
a psychopath. ‘No way, miss. She was wantin’ it all. The stuff with
the knife she made up.’
Occasionally, an advocate will come across a client
who is pure evil. Rachel recognised this in Patrick McCann. She
knew that at fifteen, he had knifed a schoolmate to death in a
brawl which had followed McCann’s attack on the boy’s
sixteen-year-old sister. She knew also that he was the chief
suspect in two recent, and still unsolved, murders of drug
users.
But an advocate does not have the option of
shunning such a creature Justice and the Faculty regulations demand
that any person on a criminal charge should have the benefit of the
best available defence. Rachel’s performance in the Chinese trial
had added to her reputation as a High Court pleader. Her clerk’s
recommendation that she should be given the McCann brief was sound
and natural, and she was available.
All that day, as the Advocate Depute had extracted
skilfully from the terrified victim, an account of the night that
had changed her life, Rachel had looked on, hardening her heart
against thoughts of sympathy. Occasionally, she had glanced across
at her client. All the while that the woman stood in the witness
box, McCann had kept his dark gaze fixed upon her. The victim’s
evidence in chief had ended with the day’s session. Tomorrow Rachel
would cross-examine.
Normally she would have been preparing her
examination in her mind. Instead, as she soaked her neat little
body in her pink bathtub, sipping occasionally from a gin-and-tonic
on the cabinet by her head, Rachel wept softly.
Everything about the trial reminded her of Mike
Mortimer, with whom she had made love in the same bathtub only a
week before. It reminded her of his style of advocacy, direct, yet
sympathetic, in difficult situations like the Chinese trial, where
he had been as kind as possible to the parents of the victim, while
fighting as hard as possible for his client.
She knew that in the cross-examination to come she
would be unable to mix consideration with effectiveness. That poor
woman was in for a hard time, just as hard as Lord Orlach, the
trial judge, would allow.
And even as she planned her strategy for the next
day, the secret fear which had been growing in her all afternoon
came to the surface. The Crown’s proof was strong, but like all
rape trials, the issue hinged on the credibility of the woman in
the witness box, and on the jury being left in no doubt that she
had been violated.
That woman today was a lousy witness,
thoughtRachel. It was natural enough, but if she was scared under
the kindly eye of the old judge, and under the protection of the
Advocate Depute, how would she react when Rachel went on the
offensive in cross-examination?
Suppose, just suppose, that she won a Not Guilty,
or even just a Not Proven, the third option in Scotland’s unique
trinity of verdicts. The animal McCann would be out on the street,
to rape again undoubtedly, and in all probability, to kill.
It was a dilemma which all advocates know they may
have to face. It was worst for women counsel in rape trials. But
even as the tears for her lost Mike trickled down her face, Rachel
had no doubt. She would go all out tomorrow. Justice demanded it.
That was what the job was about.
As the bath water cooled, and as the ice melted in
her gin-and-tonic, another worry, forgotten earlier gnawed its way
through to the surface of Rachel’s thoughts. It centred around that
stony, impassive Japanese figure sat on the back row of the public
benches.
‘What the hell was he doing there?’ Alone in her
bathroom, she asked the question aloud, as if Mike was still there
to answer.