Nothing Ventured

32

‘I’m the bearer of glad tidings,’ said Booth Watson, as a waiter appeared by his side. ‘But let’s order breakfast first.’

‘Just black coffee, toast, and marmalade for me,’ said Faulkner. ‘I’ve lost my appetite.’

‘I’ll have the full English breakfast,’ said Booth Watson. He didn’t speak again until the waiter was out of earshot. ‘I’ve had an approach from the other side. They’re willing to drop the charge of intent to steal if you’ll plead guilty to the lesser offense of knowingly receiving stolen goods.’

‘Bottom line?’ asked Faulkner.

‘If we accept their offer, you’ll probably get a couple of years, which means you’d be released in ten months.’

‘How come?’

‘As long as you behave yourself, you’d only serve half the sentence, with a further two months knocked off as it’s your first offense. You’d be out in time for Christmas.’

‘Ten months in Belmarsh isn’t my idea of a generous offer, and more important, it would give Christina enough time to steal my entire collection.’

‘That shouldn’t be a problem,’ said Booth Watson, ‘because while you’re away, I’ll make sure Christina doesn’t get anywhere near any of your properties.’

Faulkner didn’t look convinced. ‘And if I don’t accept their offer?’

‘If you’re found guilty of both offenses, theft and receiving, the maximum sentence is eight years, along with a hefty fine.’

‘I don’t give a damn about the fine. I have a feeling Palmer knows he’s fighting a lost cause, and is hoping to save face. In any case, I think the jury’s on my side. At least two of them smiled at me yesterday.’

‘Two’s not enough,’ said Booth Watson, before pausing while a waiter refilled their coffee cups. ‘The foreman looks to me like a retired colonel or the headmaster of a prep school, who’s likely to believe that the punishment should fit the crime.’

‘That’s a risk I’m willing to take, BW. So you can tell Palmer to get lost. Feel like a glass of champagne?’

‘Call Detective Sergeant Bob Clarkson,’ cried the clerk.

Grace didn’t take her eyes off Clarkson as he walked across the courtroom and entered the witness box. He delivered the oath with none of the swagger Stern had displayed.

An honest, decent copper, who’s easily led, and sometimes led astray, was one of the sentences Grace had highlighted after reading Clarkson’s personnel file.

Sir Julian sat patiently through the Crown’s cursory examination of Clarkson, which didn’t throw up any surprises. But then he’d never thought it would.

‘Do you wish to cross-examine this witness?’ asked Lord Justice Arnott.

Sir Julian nodded as he rose from his place. He had always intended that Stern should regard him as the enemy, but not Clarkson.

‘Detective Sergeant Clarkson,’ he began, his voice gentle and persuasive, ‘as a police officer you will know the consequences of committing perjury. So I want you to think most carefully before answering my questions.’

Clarkson didn’t respond.

‘On the day Arthur Rainsford was arrested and charged with the murder of his business partner, Mr. Gary Kirkland, were you present at the scene of the crime?’

‘No, sir. I was back at the station.’

‘So you did not witness the arrest?’

‘No, sir, I did not.’

‘But you were the junior officer who signed the statement Mr. Rainsford made later that evening.’

‘Yes, sir, I was.’

‘Did that statement, written by DI Stern and witnessed by you, consist of three pages or two?’

‘Originally I thought it was three, but DI Stern assured me the following morning that it was only two, and I accepted his word.’

That wasn’t the answer Sir Julian had been anticipating. He paused for a moment, aware that his next five questions were redundant, before asking for confirmation of what he’d just heard.

‘So you originally believed the statement was three pages and not two, as Mr. Stern claimed?’

‘Yes, sir, and having studied yesterday’s court report I accept Professor Abrahams’s findings without question.’

‘But that would mean you also accept that Mr. Stern must have removed a page from the original statement?’ said Sir Julian.

‘Yes, I do, sir. And I regret not challenging him at the time.’

‘Did you challenge him about the possibility of there being a mystery man, the man who Mr. Rainsford stated ran past him as he entered the office block, and who he has always claimed could have been the murderer?’

‘Yes, I did, but DI Stern said he was just a figment of Rainsford’s imagination, and we should dismiss it for what it was worth.’

‘What about the anonymous telephone call informing the police of Mr. Kirkland’s murder? Was that also a figment of Mr. Rainsford’s imagination?’

‘No, sir. We did receive a call from a man with a foreign accent, who told us he’d been passing the block at the time, when he heard the sound of two men shouting, followed by silence, and moments later, a man came running out of the building onto the street, which was the reason he’d phoned the police immediately.’

‘Did he give you his name?’

‘No, sir, but that’s not uncommon in such cases.’

‘As recorded on the missing page of Mr. Rainsford’s statement, the police arrived at RGK’s offices only a few moments after he did.’

‘That’s what a guilty man would say if he wanted to put the blame on someone else,’ said Clarkson. ‘So I didn’t bother to follow it up, not least because chasing anonymous calls is a thankless task, and usually ends up being a complete waste of time.’

‘So you never discovered who the mystery man was?’

‘Yes, I did, sir,’ said Clarkson.

Sir Julian was once again taken by surprise. He took a step into the unknown.

‘Please tell the court in your own words, detective sergeant, how you found out who this mystery man was.’

‘A couple of days after Rainsford had been charged, a black cab driver turned up at the station and told us he’d seen the story on the evening news. He said he’d picked up Rainsford from Euston on the afternoon of the murder, and dropped him outside an office block on Marylebone High Street. He’d only just turned on his FOR HIRE sign when a man came rushing out of the building and asked to be taken to the Admiral Nelson pub in West Ham, but after he’d traveled about a hundred yards the man told the driver to stop. He got out, and ran into a nearby phone box. He returned a few minutes later when the cabbie continued on his journey to West Ham.’

‘Did he give you a description of the man?’

‘May I refer to the notes I made at the time?’ asked Clarkson, turning to the judges.

Lord Justice Arnott nodded and Clarkson opened a small black pocketbook and turned several pages before he continued. ‘The cabbie said he was around five eight, dark hair, and could have done with losing a couple of stone. He also said that he’d put money on him being Greek or Turkish.’

‘What made him think that?’ asked Sir Julian.

‘The cabbie did his national service in Cyprus at the time of the uprising, and was fairly confident he recognized the accent.’

‘Did you report this conversation to DI Stern?’

‘I did, and he wasn’t best pleased. But he said he’d visit the Admiral Nelson and check the story out.’

‘And did he discover who the mystery man was?’

‘Yes, he did. But he told me that the man had a cast-iron alibi. He’d been in the Admiral Nelson at the time of the murder, which the landlord confirmed, as did several other customers who’d also been in the pub at that time. In any case, Stern reminded me, we had a signed confession, so what more did I want?’

‘So you didn’t follow up that line of inquiry?’

‘No, I didn’t. After all, DI Stern was the senior officer on the case, and I was just a rookie constable not long out of probation, so there wasn’t a lot I could do.’

‘And there’s no paperwork to prove that DI stern visited the Admiral Nelson pub, or interviewed the so-called mystery man.’

‘DI Stern didn’t care much for paperwork. Said he believed in nailing criminals not filing them.’

‘I understand you weren’t called to give evidence at Mr. Rainsford’s trial?’

‘No, sir, I was not. And when Rainsford was convicted, I assumed DI Stern must have been right all along. That was until I read about Rainsford’s appeal in the Daily Mail, and began to wish I’d interviewed Mr. Fortounis at the time, and not left—’

‘Vasilis Fortounis?’ said Arthur, leaping up from his chair in the dock.

‘Yes, I’m pretty sure that was his name,’ said Clarkson.

‘His daughter was Gary Kirkland’s secretary,’ shouted Arthur.

‘Sir Julian, restrain your client before I do,’ said Lord Justice Arnott firmly.

Arthur sat back down, but began waving frantically in Sir Julian’s direction.

‘I think this might be an appropriate time for a recess, Sir Julian, as it is clear that your client wishes to consult you. Shall we reconvene in an hour?’

‘Members of the jury,’ said Mr. Justice Nourse, ‘you have heard the arguments presented by both learned counsel, and it is now my responsibility to sum up this case dispassionately and without prejudice. It will be up to you, and you alone, to decide if Mr. Faulkner is guilty or not guilty on the three counts brought against him on behalf of the Crown.

‘Let us consider each one in turn. Firstly, did Mr. Faulkner steal a painting by Rembrandt from the Fitzmolean Museum? Do you feel that the Crown produced sufficient evidence to prove its case beyond reasonable doubt? If not, you must find for the defendant. And secondly, if Mr. Faulkner was not directly involved in the theft, was he nevertheless a party to it? You must make your decision based solely on the facts presented in this courtroom.’

Faulkner allowed himself a brief smile, while Booth Watson sat back in his place, arms folded, aware that the judge hadn’t yet reached the least convincing piece of his client’s evidence.

‘Then there is the charge that Mr. Faulkner knowingly purchased the stolen painting, as claimed by his wife. Although Mr. Faulkner produced a copy of the Rembrandt, you must ask yourselves how long the original had been in his possession.

‘Are you inclined to believe Mr. Faulkner’s testimony that he visited Naples, and attempted to make a deal with the Camorra to purchase the painting for one hundred thousand dollars, with the sole purpose of returning it to the Fitzmolean? And do you think it likely that the Camorra initially turned his offer down, but turned up with the picture some time later at Mr. Faulkner’s home in Monte Carlo, and demanded the hundred thousand dollars? This, despite the fact that Mr. Faulkner told us that in his experience,’ the judge glanced down at his notes, ‘the Camorra rarely stray beyond their own territory.

‘And did you find it credible that one of these men, who never spoke to him when he was in Naples, threatened to cut the throats of the six Syndics, and then Mr. Faulkner’s throat, if he didn’t pay up? Or do you consider that might be one embellishment too many? Only you can decide who to believe — Mr. or Mrs. Faulkner — because they can’t both be telling the truth. However, you must also ask yourselves if Mrs. Faulkner’s evidence can be relied on, as she admitted quite openly that she was attempting to remove all of her husband’s artworks from their homes in Monte Carlo and Limpton Hall, while he was in Australia, and I have no doubt she would have sailed on to New York to carry out the same exercise, had her husband not intervened. And finally, members of the jury, you must take into consideration the fact that the defendant has no previous criminal record.

‘Members of the jury,’ he concluded, looking directly at the five men and seven women, ‘once you have considered all the evidence you must be sure of guilt beyond reasonable doubt before you can convict. If you are not sure, you must acquit. So please take your time. If, during your deliberations, you should require assistance on any matter concerning the law, do not hesitate to return to this courtroom, and I will do my best to answer your questions. The bailiff will now accompany you to the jury room, where you can begin your deliberations. Please take your time considering all the evidence before you reach your verdict.’

‘Sir Julian.’

‘My Lords. I am grateful to have been given the opportunity to consult with my client, and would request that the court recall Mr. Stern, and also subpoena Mr. Vasilis Fortounis, as the defense would like an opportunity to question both of them under oath.’

‘I will grant your request, Sir Julian, and suggest that we adjourn until tomorrow morning, by which time I hope the bailiff will have been able to locate both of these gentlemen.’

‘Thank you, m’lud,’ said Sir Julian, trying to sound convinced.

All three judges rose from their places, bowed, and left the court.

‘I can’t wait for tomorrow,’ said Beth.

‘Don’t get your hopes up,’ said Grace, as she gathered her files. ‘Stern and Fortounis will be well aware of what happened in court this afternoon, and I don’t suppose either of them is currently heading in the direction of the Strand.’

‘You wish to seek my advice?’ said Mr. Justice Nourse after the jury had filed back in and resumed their places.

‘Yes, Your Honor,’ said the foreman of the jury, a distinguished-looking gentleman wearing a charcoal-gray double-breasted suit and a Cavalry tie. ‘We’ve been able to reach a verdict on the first and second counts, but are divided on the third, that of receiving stolen goods.’

‘Do you think it would be possible for you to deliver a majority verdict upon which at least ten of you are agreed?’

‘I think so, Your Honor, if we were allowed a little more time.’

‘In that case we will take an early recess, and reconvene at ten o’clock tomorrow morning, to allow members of the jury time to sleep on it.’

Everyone in the court rose and bowed. Mr. Justice Nourse returned the compliment before leaving his domain.

‘Don’t you sometimes wish you could skip twenty-four hours and find out what’s going to happen?’ said William.

‘You won’t when you’ve reached my age,’ replied Hawksby.