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Authors: Quintin Jardine
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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,
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,
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