Guilty One

27

Daniel flashed his pass to the Old Bailey guards as he entered the courthouse. Today was the first day of the defence. He held his chin up as he walked to Court Thirteen, reminding himself of the reprieve implicit in reasonable doubt. He realised that this was the first time in his career he had actually felt real fear about the prospect of losing. He hated Sebastian’s family and worried about the child returning to that world of material privilege and emotional deprivation, but the thought of Sebastian inside, in the system, was worse. Bright as the child was, he didn’t realise how the press had already demonised him and how difficult it would be for him, for the rest of his life, if he was found guilty. Daniel tried not to think about it. He believed in Irene’s abilities. She had not lost a single case since their defeat together on Tyrel’s case last year.

‘My lord, I call Dr Alexander Baird.’

Baird seemed as nervous as when Daniel had visited the psychologist in his office. He leaned in too close to the microphone as he was sworn in and was startled by the feedback. Irene was matter-of-fact, beginning her examination in chief. She smiled broadly at Baird, making large sweeping gestures to the court, as she asked him to share his thoughts on Sebastian.

‘Dr Baird, you examined Sebastian Croll twice in September 2010. Is that correct?’

‘Correct.’

‘I would ask you to summarise for the court how you found Sebastian.’

Baird moved close in to the microphone, his smooth hands loosely gripping the lip of the witness box. ‘In terms of intellectual function, I found him to be highly intelligent. His IQ was measured at 140 which certainly suggests very superior intelligence, or indeed borderline genius – but certainly highly gifted.’

‘What did you find about Sebastian’s emotional maturity and his understanding of complex processes, for example, court proceedings?’

‘Well, Sebastian seems to have quite a short attention span, which may in itself be due to his high intelligence, but I did find him prone to emotional outbursts more typical of a younger child.’

‘You questioned him about the alleged offence. What was your opinion about Sebastian in relation to the charge?’

‘Sebastian knew the difference between right and wrong. He understood the nature of the alleged offence and stated convincingly that he believed himself to be innocent.’

‘Did you discuss the happenings on the day of the alleged offence?’

‘Yes, we did and we attempted some role play around the events of that day. On the whole I found him to be entirely consistent. His concept of morality was clear and he stated several times that he was innocent.’

‘Considering his intellectual ability, did you feel he understood the gravity of the crime he was charged with?’

‘Without a doubt. He was clear that he understood the penalties for such a crime, but felt he had been misunderstood. We discussed the events of 8 August several times in a variety of different ways: telling a story, using dolls or question and answer sessions, but each time he was entirely consistent.’

‘Thank you, Dr Baird.’

Irene nodded at Daniel before she sat down. Gordon Jones rose and stood for a moment as the court watched him opening ring binders and balancing them on his lectern. The room was airless and Daniel loosened his tie slightly. The defence had begun well and Irene seemed relaxed, but Daniel had an explicable feeling of unease about the evidence to come. Sebastian was losing interest. He was swinging his feet and occasionally making contact with Daniel’s legs.

‘Just a few questions, Dr Baird,’ said Jones, on cross-examination. ‘In your report you mention Sebastian’s earlier diagnosis, by his school educational psychologist, of Asperger’s?’

Sebastian leaned in to whisper something but Daniel held out a hand to silence him.

‘Yes, Sebastian’s school reports show an earlier diagnosis by an educational psychologist. I disagreed with the diagnosis.’

‘But you do consider him as having … ’ Jones made a show of pushing his glasses to the end of his nose, wrinkling his nose and turning down his lips as he read: ‘Pervasive Developmental Disorder Not Otherwise Specified?’

Baird smiled and nodded. ‘Indeed, otherwise PDD-NOS – essentially a catch-all diagnosis for those who demonstrate atypical symptomatology for Asperger’s, or indeed autism.’

‘I see. Well, in layman’s terms please, what is this exactly … eh … PDD-NOS and how does it relate to the earlier diagnosis?’

‘Well, it simply means that Sebastian does show a range of Asperger’s traits, but not all … and indeed is highly functional in areas we would expect him to have trouble with, if he had Asperger’s syndrome proper.’

‘I see. Asperger’s is a kind of high-functioning autism, is that correct?’

‘That’s correct.’

‘And what symptoms are typical of a child with Asperger’s syndrome?’

‘Well, typically they will display problems in three main areas: social communication, social interaction and social imagination.’

Irene stood up. ‘My lord, I question the relevance of this. Does my learned colleague have a point to this questioning?’

Baron leaned forward and raised his eyebrows at Jones in expectation of a response.

‘My lord, we are legitimately exploring the implications of disorders from which the boy may suffer that may be related to the offence.’

‘Continue,’ said Baron. ‘I consider this to be relevant.’

‘You just listed three areas which typical Asperger’s sufferers would have difficulty with – can you elaborate on this?’ Jones prompted Baird.

‘Well, typical sufferers will display a range of behaviours, such as difficulty in social situations. This often manifests in a desire for friendships but a difficulty in maintaining them. Often there is a hyper-focused interest in a single topic … They tend to have difficulty in reading emotional responses in others. Another thing is that they often have problems with sensory integration – they can overreact to loud noises, for example.’

Irene stood up again. ‘My lord, I really must protest. The witness has stated my client does not have Asperger’s so again I question the relevance of exploring the typical symptomatology.’

‘Miss Clarke, the witness has stated that the defendant shows a range of Asperger’s traits so we will hear this out as explanation of the traits in question.’

Irene sat down. Daniel watched her. Her shoulders were raised with tension.

‘Thank you, m’lord,’ said Jones. ‘So, tell us, Dr Baird, does Sebastian display any of these typical Asperger’s behaviours and problems?’

‘Yes, he displays some, but not all.’

‘What about hyper-focus on one topic. Did you find Sebastian to be deeply interested in a particular subject … ?’

Baird flushed. He glanced at Irene.

‘Dr Baird?’

‘Well, I did note a preoccupation … but I was not sure if this qualified as hyper-focused interest. I would need to study him over a longer period.’

‘I see … What, exactly, did you find preoccupies Sebastian?’

Hearing his name spoken in such a momentous tone, Sebastian sat up. He looked up at Daniel and smiled.

‘He has what one might call a morbid curiosity.’

‘In what way? What things, exactly, is he morbidly curious about?’

‘He seemed very interested in blood, death and injury … On this, again, I cannot be sure, I would have to study his behaviour further, but I would cite a discussion that we had about his mother’s miscarriage.’

‘Why did this alarm you?’

Irene was on her feet. ‘My lord, I really must protest: my learned colleague is putting words into the witness’s mouth. He has not stated that he was alarmed in any way.’

Jones nodded at Irene and then rephrased his question: ‘Tell us what the conversation relating to his mother’s miscarriage revealed, Dr Baird.’

‘Well, I considered his knowledge to be more detailed than one would have expected and also somewhat inappropriate, particularly for a child of his age … but again, this is in no way definitive.’

Daniel watched Irene furiously scribbling notes on her pad. He knew she would return to this subject on cross-examination.

‘I see, not definitive. Tell us about Sebastian’s ability to handle social communication.’

‘Yes, he does seem to have problems with social communication and social interaction … ’

‘Yet you failed to diagnose Asperger’s, preferring … ’ Again Jones twisted his face to read from his notes. ‘ … PDD-NOS. In my layman’s view he is sounding like a model example of a child with Asperger’s syndrome. Why is that not so?’

‘Well … Sebastian did show ability for social imagination … not only an ability but indeed an aptitude for it. This became very apparent in the role play that we did. It was this lack of … one of the key symptoms of Asperger’s that led me to disagree with the earlier diagnosis. But on reflection I did consider that he may demonstrate PDD-NOS.’

‘And what exactly is social imagination?’

‘Essentially, it is being able to imagine a range of possible outcomes to a situation – particularly a social situation. Many people with Asperger’s can be creative, but a typical symptom of the condition is the inability to imagine different outcomes to situations presented, or to … predict what will happen next. Often they will have trouble working out what other people know.’

‘I see.’ Jones was standing tall now, flourishing his robes and looking straight at the jury. ‘Tell me, Dr Baird, is social imagination important for someone to be a good liar?’

Daniel held his breath. Jones had raised his voice as he said the last word. Daniel looked up. The courtroom shuffles and murmurs had stopped. Baird swallowed. Daniel watched as his eyes flicked towards Irene.

‘Dr Baird?’ Jones prompted.

‘Well, certainly, if a lie is complex and involves visualisation of certain outcomes, then social imagination will be very important … but it should be noted that people with Asperger’s often find it impossible to lie.’

‘But, Dr Baird,’ said Jones, a predatory smile on his lips, ‘you just told us that Sebastian did not have Asperger’s, for the very reason that he showed an ability … indeed an aptitude … for social imagination, something that may have allowed him to lie convincingly about the murder of young Ben Stokes. Is that not the case?’

‘I … think that PDD-NOS is a more appropriate diagnosis, yes … I cannot speak about … ’

‘Dr Baird. Would you say that children with Asperger’s and indeed those diagnosed with the lesser condition of PDD-NOS often tend towards violence?’

‘Well, I … ’

Irene stood up. Daniel clasped his hands.

‘My lord, again I question the relevance … The witness is giving his expert opinion of my client’s psychological state. We have no time for generalisations … ’

‘That may be, Miss Clarke, but the witness may answer … As an expert he is entitled to show how your client’s psychological state pertains to … more general conditions.’

‘Well … ’ Baird stumbled, ‘children who display symptoms of PDD-NOS and Asperger’s may become frustrated more easily and as a result are more prone to temper tantrums, meltdowns, intense anger and violent behaviours.’

‘I see … intense anger and violent behaviours,’ Jones repeated, turning in the jury’s direction. ‘Would children displaying such symptoms also lack … empathy?’

‘Again, the disorder has a wide spectrum, but … and this is true of aggressive children in general … they quite often do not feel, or indeed understand, the suffering of others.’

‘Thank you, Dr Baird,’ said Jones.

Jones seemed pleased with himself.

‘If I may, my lord,’ said Irene, standing up again.

Judge Baron fluttered his fingers in consent.

‘Dr Baird … focusing now on Sebastian, and moving away from previous generalisations, is it your expert opinion that he was aggressive or indeed duplicitous when you met with him – twice?’

‘That was not my experience of him, and we should not assume that he would be capable of these things.’

‘I see. You have testified that you consider that Sebastian may have a disorder on the Asperger’s spectrum, PDD-NOS. Is this common?’

‘Very much so.’

‘Is it therefore likely that a large number of otherwise healthy and sane adults in society would show these mild Asperger’s spectrum traits?’

‘Yes of course, although there would be no way to tell how common, as even now it largely goes undiagnosed.’

‘So people in this courtroom, other than the defendant, may also have PDD-NOS?’

‘It is entirely possible.’

‘People in the jury could have PDD-NOS, or even the barristers, solicitors and judge in court today?’

Her words were shocking and Daniel glanced at Baron. The old man was scowling, but said nothing.

‘Again, it is … possible.’

‘And is this not worrying? Is PDD-NOS indicative of criminality or violence?’

‘Not at all, it is just that the limitations of the disorder can increase frustration and occasionally result in outbursts in certain individuals.’

‘Thank you for that clarification.’ Daniel watched as Irene consulted the notes she had made during Jones’s questioning. ‘Now in relation to the defendant’s supposed morbid fascination, you have cited his description of his mother’s miscarriage as an example. Page sixty-three, paragraph four, in your bundle notes the transcript of the conversation to which you refer. What exactly did Sebastian say that you considered morbid or inappropriate to his age?’

‘The biological details he noted were startling – the exact age of the foetus, his awareness of trauma to the womb and the consequences for his mother’s fertility. He vividly described the haemorrhaging … ’

‘I fail to understand why this is attributable to a disorder, Dr Baird. My client was expecting a little brother. The pregnancy was third trimester, and he had, as you would expect, felt his sibling move through his mother’s stomach – in fact he spoke of this event. I am sure you are aware of the questions this experience will prompt in a child, about the specifics of biology. You are aware that the baby was lost as a result of a household accident … ’ Irene paused. Daniel wondered at her choice of phrase. ‘Do you not consider it wholly understandable that a child who witnessed the fall and such a late-term miscarriage in his own home may have become … morbidly preoccupied, as you put it? Would this not represent a significant trauma for the boy and his family?’

‘Indeed that is a reasonable explanation. Previously I answered questions on general aspects of the condition – not specific to Sebastian’s case.’

‘Thank you,’ said Irene, triumphant. ‘Now once again, according to your assessment of the defendant, do you think that Sebastian is capable of the alleged offence?’

Baird paused, almost tasting the words before he spoke. ‘No, I do not consider him capable of murder.’

‘Thank you, Dr Baird.’

The court adjourned for lunch and Sebastian was taken downstairs. Daniel walked alone through the Old Bailey halls, running a hand through his hair. He felt angry with himself. He had been wary of Baird’s evidence and now castigated himself for not thinking it through more fully. Their first witness had been turned, but he was glad that Irene had been able to bring him back. He’d tried to catch her leaving court – he wanted to congratulate her for her recovery – but she had to speak to her pupil about another case.

Daniel wasn’t hungry. He slotted coins into the drinks machine, choosing a coffee instead of lunch. While he was waiting, he felt fingernails dig into his upper arms and turned to find Charlotte almost in tears. She was Sebastian’s alibi from 3 p.m. on the day of the murder, and was due to testify after lunch.

‘Daniel, I don’t know if I can do this,’ she said. ‘It’s that man I’m afraid of – I watch him ripping people apart. I’m scared I’ll trip up … ’ Daniel knew that she meant Jones.

‘You’ll be fine,’ said Daniel. He heard his tone as deep, almost severe, but he didn’t want her to fall apart and instinct told him not to indulge her. ‘Keep your answers short like we discussed with Irene. Talk about what you know and nothing else. You’re not on trial, remember.’

‘But my son is. I see the way they’re all looking at me, like I’m the mother of some kind of … devil.’

‘Don’t even think that. He’s innocent and we’re going to prove he is, but you’re an important part of that. We need you to win this. You’re his mother and he needs you to stand up for him.’

Twice he had said these words to Charlotte. He wanted to shake her. He knew what it was like to have a mother who was as dependent as a child, who had been unable to protect him.

Charlotte looked upwards at the high vault of the Central Criminal Court. She searched its expanse as if for answers. When she looked down again, a black tear spilled, which she wiped away quickly with an already blackened tissue. He remembered the touch of her nails on his abdomen. Looking at her, he felt again a wave of disgust and pity so strong that he had to look away.

‘You can do this, Charlotte,’ he said. ‘Sebastian’s counting on you.’

When Charlotte was called, she was composed, but Daniel still held his breath as he watched her make her way to the witness box. The outlines of her elbows were visible through the sleeves of her jacket. Sebastian leaned forward, hands stretched out in front of him on the table, as if trying to reach out to her. Charlotte cleared her throat and took a sip of water. From a distance she seemed fragile but strikingly beautiful, her features even and her eyes huge.

Irene was warm and conversational when she began her examination in chief. She had one elbow on her lectern and addressed Charlotte in a familiar, gentle way although the two women had only spoken briefly.

‘Just a few short questions … Can you tell us what you remember about the day of 8 August this year?’

‘Yes,’ said Charlotte, at first quietly, but soon gaining confidence. ‘I wasn’t feeling very well that day. My husband was overseas and after I made Sebastian’s lunch I decided to have a lie-down.’

‘What did Sebastian do on that day?’

‘Well, he went out to play while I was lying down.’

‘Did you know where he went to play?’

‘Well, normally he just plays in the road, sometimes with the neighbours’ children, but even if he goes to the park I can often still see him from the top-bedroom window, it’s so close.’

‘Did you watch him as he played on that day?’

‘No, I just had a lie-down. I had a headache.’

‘When did Sebastian return home?’

‘It was just before 3 p.m.’

‘You’re quite sure?

‘Quite sure.’

‘And when he returned home, did he appear different, for example very dirty – were his clothes visibly marked?’

‘No more than usual.’ Charlotte allowed a small smile. ‘He’s a little boy. He often comes home in a bit of a mess, but no, there was nothing unusual.’

‘What about his behaviour, did he seem troubled or upset?’

‘No, not at all. We had a snack together and watched some television.’

‘Thank you.’ Irene nodded and sat down.

Daniel exhaled and leaned in towards Sebastian. ‘You OK?’ he whispered to the boy.

‘Don’t let him be mean to her,’ Sebastian whispered back, not turning to Daniel as he spoke.

‘Don’t worry,’ Daniel assured him, although he too was concerned about Jones’s cross-examination. He knew Charlotte could not take a lot of pressure.

Jones managed a toothless smile before he began. Charlotte was rubbing her neck, her eyes flicking anxiously in the direction of the public gallery.

‘Mrs Croll, does your doctor prescribe any medication that you take on a regular basis?’

Charlotte cleared her throat and then said, ‘Yes … I have trouble sleeping and I have problems with… anxiety, so I take … em … diazepam, beta-blockers, fairly frequently, and on nights when I can’t sleep … temazepam.’

‘I see, quite a cocktail. And on 8 August, did you take any … diazepam, for example?’

‘I don’t remember exactly, but most likely I would have. Most days I need to take one, to calm me down.’

‘I see, so you admit taking sedatives on 8 August while your son went out to play, but you are now testifying under oath that you are certain he returned at 3 p.m. sharp?’

‘Yes, I lay down, but I didn’t actually sleep that day. I was not feeling well and just needed to calm down. I heard Sebastian come in at three o’clock and then I made us something to eat. I didn’t sleep. I know I didn’t sleep. I was too … tense. I know what time he came home.’

‘Do you love your son, Mrs Croll?’

‘Yes, of course.’

Sebastian reached over the table again when his mother spoke. Daniel noticed that he was smiling at his mother across the courtroom.

‘And you would do anything to protect him?’

‘Anything I could.’ Charlotte was looking straight at Sebastian.

‘When the police came to the house on Monday, you were reportedly home but fast asleep. So … out of it, that you didn’t even realise that your son had been taken to the police station, is that correct?’

‘Yes, on that day I was asleep. The anxiety often builds up and on Monday I was exhausted. But on Sunday I was awake and I know the time that he came home.’

‘A witness has testified that he saw Sebastian in the Barnard Park Adventure Playground fighting with the deceased much later that afternoon. In fact you have no idea what time your son came home. You were drugged up and oblivious that day.’

‘That’s not true. It could have been someone else he saw. I know I was awake that day. I was sick with nerves. I couldn’t have slept if I’d tried. He came home at three o’clock, of that I am certain.’

‘Sick with nerves. I am sure you are, Mrs Croll, sick with nerves. How many milligrams of Valium did you take on 8 August?’

Charlotte coughed. ‘Ten. I only have ten-milligram tablets, sometimes I bite half, but that day I had a full one.’

‘And we are to believe that you were still conscious, let alone aware of the hour, after ten milligrams of Valium?’

‘I have been taking anti-anxiety drugs for some time. Ten milligrams has a sedative effect on me, but no more. You can ask my doctor, smaller amounts don’t even calm me. I know my son was home at 3 p.m.’

Daniel smiled and exhaled. Jones finished his questioning and Charlotte made her way back to her seat. Her elbows were sharp wings. She glanced briefly at Sebastian and Daniel before she sat. Daniel turned to her and mouthed: You did well.

After a short break, it was time for the defence’s pathologist. The defence had not started well, with Baird’s evidence and the Crown’s assertion that Sebastian had a disorder on the Asperger’s spectrum, but Daniel thought that Charlotte had been a good witness. It had been dangerous to ask her to testify. As an alibi she was important but her volatile emotional state and her lack of attention had worried both Irene and Daniel. Yet Charlotte had excelled. She had been honest about her drug-taking and about her anxiety, and Daniel felt that her evidence was more credible than Rankine’s later sighting of the fighting boys, after the time when Sebastian claimed he had returned home.

Irene seemed less confident when he met her and Mark afterwards. She was stripped of her gown, pacing in the robing room where the barristers’ lockers were sited.

‘I just don’t think it’s strong enough, Danny,’ she said. ‘That bloody psychologist hurt us.’ The bone-clean cuff of her collar flapped in emphasis as she spoke, hand on hip, two neat lines between her brows. ‘We need something more.’

‘We still have our forensic scientist to call, but I assume you’re not going to call her now,’ said Daniel.

‘No need since we turned Watson. His capitulation is stronger than anything she could say.’

‘There is one person that they’re still waiting to hear from,’ said Daniel.

Irene spun round to face him. Her eyes were intense. ‘You mean put Sebastian on the stand? It wouldn’t be allowed at this stage. The defence is under way.’

‘Could you not make a formal application to the judge?’ Daniel asked.

‘I could but he’s not certain to allow it. Do you think Sebastian’s up to it?’

‘He might be.’

‘And you really think this will help us? I had wondered as much myself. By not letting him testify we could be harming his chances. We need the jury to understand him, especially with the Crown throwing in Asperger’s and his mother’s drug addiction and the morbid fascination. He’s saying nothing and the jury’s imaginations are running riot … ’

‘I agree – they’re all waiting to hear his side of the story. His silence now is implicating him,’ Daniel said.

Irene exhaled. ‘God, let’s all go and get a drink. I think we need it. We can talk about it then. We’d need reports from the psychologist and then I would have to apply to Baron.’

By eight o’clock they were on their third pint at the Bridge Bar in Gray’s Inn, giggling in the corner behind Judge Baron’s back. The judge was on the other side of the bar with a small sherry.

‘You all right, Danny boy, eh?’ said Irene, leaning forward and sweeping back the hair from Daniel’s face. He allowed it, letting his head fall back gently against the wood panelling. ‘You seem really heavy lately. You’re not like you were at the last trial. I wonder if it’s all getting to you, and I see our little client likes you … a lot.’

‘He hates me,’ said Mark, Irene’s junior.

Daniel gave him a sideways smile. Mark was an awkward lad, never seeming to find a shirt to fit.

Daniel pounded his fist gently on the table, making the head on his beer vibrate.

‘I didn’t see all that Asperger’s stuff coming. He’d ruled it out – he’d specifically ruled it out.’

‘None of us saw it coming, Danny, let it go … Hopefully we did a good recovery. I think the way to deal with it is just to acknowledge it from now on. I think I might even mention it in closing, but we have to reiterate the point we have already made, that … even if he does have the non-diagnosed Asperger’s – whatever he called it – Sebastian is not a murderer.’

Daniel and Mark nodded in agreement.

‘The bigger question,’ Irene said, crossing her legs and leaning back in her seat, ‘is whether we take your suggestion and call him.’

‘I know he can do it,’ said Daniel. ‘I wouldn’t suggest it otherwise. He’s not like a lot of little boys. He could handle it.’

‘What’s your opinion, Mark?’ Irene asked.

Daniel could tell from her tone and the way she looked at Mark that she was not really asking him for his opinion, but testing him, teaching him.

‘I think it’s dangerous. There’s no real precedent for it. Venables and Thompson didn’t testify at the Bulger trial because they were said to be suffering from post-traumatic stress. Mary Bell testified, but that was in the fifties and doesn’t constitute a true parallel … ’

‘I think Danny’s right that the jury need to hear from Seb, and I also think he’ll surprise us with his ability to perform. What is not certain is whether the psychologist will agree the boy’s up to it, and ultimately if Baron will accept the application.’

‘I think you should go for it,’ said Daniel.

‘Let me sleep on it. What I find disarming,’ Irene continued, ‘but … nevertheless helpful for his defence … is that he is quite a charming child – Asperger’s or not. He’s weird, he’s unsettling, but he’s charming nevertheless. And he’s very mature, very good in adult company.’ She let her hand fall on to Daniel’s knee. ‘I think you might be right. We can put him on the stand.’

Daniel wished that Mark was no longer there. He leaned back, resisting the urge to take her hand.

‘He doesn’t like my adult company,’ said Mark. Daniel smiled again; Mark seemed genuinely offended to have been rejected by the child.

‘You’re being paranoid,’ said Irene. ‘Why does he like you so much, Danny?’

Daniel shrugged. ‘Just generally likeable, I suppose.’

‘Do you like him?’ asked Mark.

‘That’s funny, he asked me that same thing the other day.’

‘What did you say?’

‘I said I did like him … I’m not sure like is the right word, though. Some part of me … understands him, or I think I do. Whether he murdered Ben Stokes or not, we all know he’s a very disturbed little boy. He needs looking after.’

Mark was looking at Daniel in a strange way, as if he had said something he disagreed with but was afraid to challenge.

‘It does make you wonder,’ said Irene. ‘When I think of the things I got up to as a child … God, it doesn’t bear thinking about.’

‘Like what?’ said Danny, one eyebrow raised.

She smiled at him and let her head fall to one side. ‘I set fire to my cousin’s dress because she said I looked like that little girl from Little House on the Prairie.’

‘Set fire to her?’ Daniel leaned forward.

‘Yes, we had a big open fire in the kitchen and I was furious with her. I got a little piece of kindling and set the frill of her dress alight. It could’ve been a terrible accident. I could’ve found myself in Sebastian’s position.’

‘What happened?’ said Mark and Daniel together.

‘Miraculous. She just patted the flames and they died. Just patted them away. Of course she told on me … and her dress was ruined.’

‘I knew you’d’ve been a little hell-raiser.’

‘I’m a fire-starter,’ mimed Irene, shooing Mark off to get more drinks.

‘What were you like when you were little?’ said Irene coyly. ‘Bet you were adorable.’

‘I was a tearaway,’ said Daniel, meeting her gaze.

‘Yes,’ she said. ‘I can see that too.’

Daniel met with the Crolls at Parklands House. The psychologist had stated that Sebastian would be able to testify under certain conditions. Irene was preparing her application to Judge Philip Baron.

The rain was hard and the day was black outside. King Kong was heavy in the meeting room, Sebastian waiting on his own upstairs. The plastic secured chairs strained under his weight.

‘Are you saying that you’ve fucked this up? That is what you’re saying, isn’t it? Why should he give evidence? Is he not in danger of incriminating himself?’

‘There is an argument that by not testifying he’s incriminating himself, and he held up really well in the police interviews. He’s been so bright … ’

‘Don’t patronise me. I know my son is smart, he wouldn’t be my son if he wasn’t. Of course he’ll be better than your average stupid little kid in the dock. What I want is the strategy. Why is this the best move?’

‘Because we think the jury need to hear from him. The evidence about Asperger’s, the later sighting and the issue over the alibi all seem to ask for Sebastian’s comment. We think his evidence could be very important. Essentially it’s important at this stage for the jury to hear that he didn’t do it. We have already shown that there is reasonable doubt but we feel that the jury need to hear it from him.’

Kenneth’s right eye twitched as he listened to Daniel.

‘If Sebastian handles it well, it could make all the difference.’

‘If? … I don’t deal in ifs. I’m surprised that you do.’

Daniel took a deep breath.

‘We could ask Sebastian what he thinks,’ said Charlotte.

‘For God’s sake – he’s a child – what would he know?’ Kenneth turned to Charlotte in contempt. A fine spray of his spit landed on the table.

‘A lot will depend on how well he comes across,’ said Daniel, loosening his tie. The Parklands House interview room felt claustrophobic. Rain was thrust against the small ceiling windows in gusts, so that it fell like handfuls of grit. Daniel was not sure why, but it reminded him of Minnie’s funeral. ‘If he performs well, we might still be able to win. If he performs badly, if Jones manages to rattle him or confuse him, then it could hurt us again.’ Daniel exhaled, and looked Kenneth and then Charlotte in the eye. ‘It’s a risk, but I think it’s worth taking to let the jury hear his point of view.’

Charlotte glanced at her husband then asked, ‘And what if he doesn’t testify?’ She looked at the table instead of meeting Daniel’s gaze. ‘Will he be found guilty for sure?’

‘Not at all.’

‘But you think he should give evidence?’

‘Yes, I think Sebastian should go into the witness box,’ said Daniel.

Kenneth pouted, exaggerating his already full lips. Daniel watched his eyes, which were at once intelligent and hard.

‘I think we all know he’s up to this,’ said Kenneth slowly. ‘And I think this madness has to come to an end. We want him home. If he wants to do it, and you think it might help, we’ll let him.’

Sebastian was called. He entered the room slowly, a small smile on his white face and his green eyes twinkling with excitement. He sat at the top of the table, with his parents to his left and Daniel to his right. Charlotte put a palm to his cheek and Sebastian leaned into it.

King Kong snapped his fingers. ‘Sit up please, we have something quite serious to discuss.’

Sebastian did as he was told, not looking at his father. Once again, Daniel thought that he looked so young, his feet still not touching the floor when he sat in the chair; his large head balanced on a thin neck and two dimples on his right cheek when he smiled.

‘What do you think about testifying, Sebastian?’ said his father. ‘You going into the witness box to give evidence?’

‘Well, you wouldn’t actually have to do that,’ corrected Daniel. ‘You would most likely be in a room near court. They’d set up a video link. You would have a social worker with you.’

‘Couldn’t you sit with me?’ said Sebastian, addressing Daniel. ‘That would be best.’

‘What is this ridiculous infatuation?’ boomed Croll suddenly. ‘There are more important things at stake. Testifying might be a way to keep you out of jail. Do you understand?’

Sebastian was cowed suddenly, his green eyes darkening and his rosebud mouth tightening. Daniel glanced at him in time to see the glint of the boy’s lower teeth.

‘I would probably have to stay in court,’ said Daniel. ‘But I could come and see you at the breaks. We can work all this out later. We want people to hear your story. We’ll give you lots of practice before … but it’s up to you.’

‘I want to testify,’ said Sebastian, looking at Daniel. ‘I want to tell the jury what actually happened.’

Kenneth Croll took a deep intake of breath and then sighed. ‘Well, that’s that decided then.’ He nodded at Daniel, as if they had just cut a deal.