41

Constance and Judith sat together once more at Constance’s work, keen to finalise their trial preparation for the following day. Constance had already commented extensively on Judith’s opening statement and Judith was poring over the changes.

‘Why have you put a question mark next to the whole of the first page?’ Judith asked indignantly.

Constance gulped. She knew this was coming.

‘We have no evidence it was suicide,’ she said. ‘Isn’t it a risk to assert that right at the start?’

‘We have no evidence it was murder, but that hasn’t stopped the entire British public believing it was.’

‘I’m just trying to explain why I put the question mark. At the funeral, you seemed pretty sure it was murder.’

‘Well, I was hoping we would find out something definitive by keeping our eyes and ears open. Instead, we got morsels and scraps, insufficient to lay the blame at anyone else’s door.’

Judith circled the question mark Constance had drawn and then lay her papers down on the table.

‘Bear with me for now. If we major on an accidental death, then what hurdles do we have?’

‘I suppose we don’t have a reason for her to be in the staff room. I mean, if it was an accident, why on earth was she there in the first place?’

‘Yes. She hadn’t confided in anyone that she felt cooped up, wanted fresh air, that kind of thing?’

‘Tracy didn’t say when we met. Although I had to tread carefully with her, so I stuck to the key questions. We can ask her in the box. Ask about Barbara’s love of nature; she painted lots of flowers. Maybe she wanted to look at some?’

‘At night time? We could suggest she was restless, fed up with being in hospital, went in for one day, ended up staying three. But that would be pure supposition.’

‘And it was hard for her to walk.’

‘Yes. It will be difficult to get the jury to swallow her choosing to stroll down the corridor for pleasure. But you’re right, too, that the suicide track is risky. First there was no note, although they don’t always leave them. We know about the pain in her hands, well done for getting that from Tracy and, of course, we heard from Miles Hennessy that she wasn’t happy he was getting remarried, although I suppose he might have been mistaken. Men of that age can sometimes overvalue their worth, I think.’

‘We only have his word for it.’

‘Any areas we can usefully probe further?’

‘The will.’

‘Yes, I have that. And Tracy’s reference to its complications. I’m not sure how much leeway the judge will give me, that’s all. It sounds as if she may have left Tracy something, given she’s giving up her job and taking her own legal advice. But, again, if we are majoring on an accident or a suicide then that’s all immaterial.’

‘Can we try to hint that it might have been Joseph? They were estranged and he was cross about something at the funeral.’

‘Dawson interviewed him and didn’t get anywhere, did he? And I can’t see his fiancée, who is happily flashing her ring around, withdrawing her cast-iron alibi. I know they’ve tried CCTV to track his car that evening, but it was all inconclusive. We could put him in the box and see if he cracks, but I doubt it. Casting him as the villain won’t have any legs unless we do. And we have nothing on him, apart from a love of fast cars and bad taste in music, which is unlikely to be sufficient to convict him of anything, sadly. And it cuts across our ‘accident/suicide’ theme, which may be our best hope of an acquittal.’

‘She might have written something in her diaries.’

‘What diaries?’

‘Tracy said she used to keep diaries, but she couldn’t find them in the flat.’

‘Hmm. That doesn’t really help us either, does it? I mean, a murderer might take them to hide any clues to his identity but if it was suicide there would be no need.’

‘They might show she was depressed?’

‘Yes. But we don’t have them, do we? And only Tracy’s word that they ever existed.’

‘Maybe we should stick with the accident theme then?’

‘Let’s see how things go. If I do well with the forensic man we may be onto a winner. I’m going to push him hard. You remember what we planned?’

‘Sure. I remember.’

‘OK, problem areas?’

‘The rings.’

‘Yes. I will leave to your imagination what Dawson’s response was to my enquiry about his officers’ integrity. We have to run with the denial for the time being. And the video of Ahmad’s little episode. Ugh! Amazing, isn’t it? There’s no film in the camera at the hospital, but there’s plenty at Acton Central station, retrievable at the flick of a switch. Do you think they keep the crown jewels there in an underground bunker or something?’

Constance managed a smile. ‘Dr Atkins’ report is largely helpful.’ She was trying to be optimistic.

‘I agree, on the face of it. But my opponent could do a lot with that in cross-examination. And PTSD, it makes Ahmad sound like Rambo, which isn’t the image we want to portray.’

‘Rambo?’

‘Oh. It’s another of my ancient references. Don’t even bother to Google it.’

‘Should we not call Dr Atkins then?’

‘We don’t have a choice. We have no other explanation of Ahmad’s behaviour. Without Atkins, the jury will think he’s mad and probably dangerous. What about the distinguished Dr Wolf, what’s his Achilles’ heel?’

‘I don’t know why you dislike him so much.’

‘Have you got all day? And what was he doing at the funeral? And the other two doctors?’

‘Maybe they were told to go. I wish I could’ve heard more of what they were saying. I had to back off because Tracy kept staring at me. I heard her thanking Dr Wolf for the operation and he seemed embarrassed.’

‘Understandable, I suppose. Pity they didn’t stay for longer so we could find out some more.’

Judith returned to her papers.

‘Do we know if Ahmad’s OK?’ she asked after a few minutes.

‘I called earlier and they told me he was sleeping.’

‘Good. A sign of a clear conscience, I think. I’ll be heading off myself soon too.’