The Boudicca Parchments

Chapter 25

“Your Honour, my client is a respected academic with no criminal record whatsoever. He has a tenured teaching post at University College London. He has published numerous scholarly papers in prestigious academic journals. He has participated in conferences around the world. He has but one residential address, in London and is a UK resident for tax purposes and has been on the electoral roll in the United Kingdom since his eighteenth birthday without abatement. He is a man of unblemished record and of good character, as attested by these affidavits from various colleagues both in the UK and abroad — which m’learned friend has accepted uncontested. For these reasons I would ask that he be released on bail and that bail be set at a reasonable amount.”

Because the charge was murder, the bail application had to go through a Circuit judge in the Crown Court, as a magistrates’ court lacked the authority to release on bail a person charged with murder. The judge, a tall man in his sixties, sat impassively through Peter Hackett’s brief presentation. Hackett was responding to the prosecutor’s initial submission that where the charge was murder, bail could not be granted unless the Court was satisfied that the accused would not harm anyone else while on bail. Hackett had responded by dismissing the suggestion that Daniel would harm anyone as absurd and then went on to argue for bail, instead of letting the prosecutor lead off with additional arguments against bail.

This was an unusual approach — as there was always a legal presumption in favour of bail — but it was not unheard of. The judge inclined his head towards the prosecutor.

“Mr Richmond.”

Hackett sat down and Anthony Richmond for the prosecution rose from his seat.

“Briefly, Your Honour, the Crown opposes bail and asks that the accused be remanded in custody until the Committal Hearing. Whilst it is true that he has no previous criminal record — nor indeed Cautions, Reprimands or Warnings — it is a matter of undisputed record that on a previous occasion he left the jurisdiction of the Court and went abroad using a foreign passport while on bail for another murder.”

Hackett stirred, as if poised to respond. But Richmond pre-empted him.

“Now the Crown concedes that Professor Klein was wholly innocent of that murder and indeed further freely concedes — without being prompted — that he was instrumental in identifying and physically apprehending the real killer in Israel where said killer was subsequently convicted of serious offences involving terrorism. The Crown also concedes that although Professor Klein left the jurisdiction of the court without authorization, and breached other bail conditions, he did finally answer to his bail upon his return to the United Kingdom, whereupon the Crown took the view that it was not in the public interest to prosecute him for his breach of bail conditions.

“However, the fact that Professor Klein was ready and able to breach his bail in such a brazen manner — going so far as to flee the country — means that there is a significant risk that he may do so again in this case. Furthermore, Professor Klein has a substantial — one may even call it a vast — network of contacts abroad as a result of the international nature of his work. The Crown concedes that he is resident in the United Kingdom and that he holds a tenured position here at a prestigious university and that his sole residence — as far as we know — is located within the jurisdiction of this Court. But he has relatives and contacts in the United States and Israel and could easily escape the jurisdiction of this Court, should he be minded to do so. That, in conjunction with the fact that he has done so on a previous occasion, renders him — in the submission of the Crown — ineligible for bail.”

Richmond sat down and Hackett rose again, not waiting for the judge to call on him to do so.

“Your Honour should know that if this is the main source of the Court’s concern, then Professor Klein is willing to surrender his passports to the Court. Indeed I have it here in my possession now for immediate surrender, should this satisfy Your Honour.”

Hackett sat down. The judge turned to the Crown’s representative.

“Mr Richmond?”

“Unfortunately, Your Honour, we don’t know how many passports Professor Klein has. He may have an Israeli passport for all we know. And even without a passport, he has shown himself quite resourceful in crossing borders when he is really determined.”

This was a reference to Daniel’s daring escape from Egypt in a speedboat that he hired in Sharm-el-Sheikh, followed by a hair-raising underwater swim while being shot at by Egyptian border guards. At the time it had been a white-knuckle ride adventure. Then, after that, it was a moment of glory to be joyously relived. But now it was coming back to haunt him, cited as proof that he was a flight risk and thus disqualified from being released on bail.

“Do you wish to add anything Mr. Hackett.”

The defence lawyer had shot his bolt. He knew that he had no more ammunition.

“No Your Honour.”

The judge shuffled his papers and appeared to be giving the matter some thought. Finally he spoke.

“My decision is as follows. Firstly, with regard to Section 114 of the Coroners and Justice Act 2009 as written into Section 6ZA of the Bail Act 1976 by way of amendment, I am satisfied that the accused is not likely to harm anyone if released on bail. Secondly with regard to Schedule 1, Part 1, 2 sub-paragraph a, of the Bail Act, I am satisfied that the accused would surrender to his bail.”

On hearing this Daniel was beginning to get his hopes up.

“However with regard to Schedule A, Part 1, 2 sub-paragraph b of the Bail Act, namely committing an offence while on bail, it should be noted that leaving the jurisdiction of the court is an offence. And whilst the accused was not charged with such an offence on the previous occasion that he was released on bail, it is a matter of undisputed fact that he committed said offence and therefore the possibility of a repetition of the offence is a distinct possibility that cannot be ruled out.”

It was like a knife twisting in his gut. One minute it looked like he was going to be released and the next minute, the prospect of freedom was whisked away from him.

The charge of murder still held no fear for him. The case against him was obviously weak, and he had every confidence that he would be cleared when the police did the back room work that would verify his account of events. But for now it looked like he was going to be spending some time behind bars.

“The accused is therefore remanded in custody for 28 days, pending a full investigation of the defence’s exculpatory claims. In the event that the prosecution wishes to proceed with the indictment, the defence may make a further application for bail at that time.”