DI Warner’s mood changed noticeably during the time the defence’s case was being presented in court. It wasn’t so much that the momentum had altered. It always did when the defence started to try and disassemble his investigation. But the reason he was so discombobulated a few days after the prosecution had closed was that the defence had called DS George Cross to the stand as a witness. This was practically unheard of. It was an unusual move to say the least. No one had been more surprised than Cross himself. He’d had nothing to do with the case, having been effectively sidelined by Warner and then ordered away by Carson.
Warner was of course immediately suspicious. As he was the investigating officer on the case he couldn’t speak to Cross, as that could be seen as interfering with a witness. He’d discussed it with Carson the day before. Carson was as alarmed as Warner.
‘Can you think of any reason they’d call George?’ he began by asking Warner.
‘None. You?’
‘None at all.’
‘Can you ask him?’
‘You know very well I can’t,’ answered Carson, amazed that Warner had even suggested it.
‘What the hell’s he up to?’
‘I’ve no idea. But knowing George I suspect he’s got nothing to do with this.’
‘Then why are they calling him?’ Warner persisted.
‘He was the first officer on the scene,’ Carson suggested by way of a possible explanation.
‘With you,’ Warner pointed out.
‘No,’ began Carson. ‘Oh yes…’
‘Have you been called?’
‘Obviously not.’
‘Have Cross and Ottey carried on working the case?’ Warner wondered.
‘I don’t think so.’
Carson leaned out of Warner’s appropriated office.
‘Josie, can you come in for a moment please?’
Ottey got up from her desk and walked over reluctantly. Not only because she knew what it was about, but also because she wanted to keep as far away from Warner as possible. Not out of a fear for her safety; she just found him repellent. She hoped this time round it was she who looked like she had the upper hand.
‘What’s going on?’ Warner began by asking.
‘I don’t know. You tell me,’ she replied.
‘You know George has been called as a witness.’
‘I do.’
‘Why?’
‘Because he told me.’
‘You know what I mean,’ replied Carson.
‘I have no idea.’
‘Why has he been called, Josie?’
‘I just said. I have no idea.’
‘Have you spoken to him about it?’ asked Warner.
‘Of course not. Why would I?’
‘Are you not in the least bit interested?’ asked Warner.
‘Of course I am. It’s just that you know as well as I do that he’s a stickler for the rules and wouldn’t tell me even if I did,’ she said before returning to her desk. ‘If I were you, I’d be more concerned with the defence’s intention to call Dr Swift.’
*
Cross had been called to the defending barrister’s chambers to discuss being a witness. He understood that it had come at the behest of Cotterell’s wife after his visit to her.
‘Is it true you weren’t entirely happy with the charging of my client?’ asked Cotterell’s defence barrister.
‘It is, yes,’ replied Cross.
‘Can you tell me why?’
‘Of course, but I don’t think you’ll be able to use it in court.’
‘Perhaps you’ll let me decide that.’
Cross then explained his view of the CCTV of Cotterell outside Moreton’s cottage. The barrister listened intently.
‘That’s a convincing interpretation,’ said the barrister.
‘It’s not an interpretation. That implies there could be others. It is the only interpretation based on the evidence,’ Cross retorted.
‘Did you have an expert analyse the footage?’ asked the barrister.
‘I did.’