The closing statements in R v Cotterell were finally made by the prosecution and the defence. The representatives from the MCU – Carson, Warner and Murray – were all in attendance. To Carson’s mind, sitting next to Warner again, it felt like the pendulum in the case had swung firmly in the defence’s favour after Cross’s and Swift’s appearances in the witness box. He was quietly furious that Warner had been so cavalier with the loose ends such as the DNA, and had clearly not examined the CCTV footage in detail. He knew that none of these were mistakes that George Cross would have made. Warner had utilised the evidence which suited his case and ignored what didn’t. His overriding concern should this go the way of a ‘not guilty’ verdict was damage limitation and blame avoidance for himself. Thankfully, bringing Warner over from Kent had been the chief superintendent’s idea not his. So at least he was in the clear there. But he knew that his supervision of the investigation didn’t show him in a good light. As they sat waiting for the judge to appear, he filled the anticipatory vacuum by trying to put himself in the position of one of the jurors, having listened to the closing statements and the evidence they’d heard. What he concluded was that the defence hadn’t just demonstrated that there was sufficient doubt over Cotterell’s guilt. He felt Swift’s analysis of the CCTV and the presence of a third party’s DNA being on the murder weapon were fairly emphatic. Added to this, the fact that the defendant’s dogs remained in his car throughout the duration of the time he was supposedly killing Moreton was the final nail in the coffin of Warner’s case. There was no doubt in Carson’s mind now that they had got the wrong man.
The judge finally appeared and made his closing remarks. He then left followed by the jury who each seemed to stand up slowly as if the weight of their impending decision bore down on them.
It was Carson’s turn to stand up and leave without a word to his neighbour.
*
Back at the MCU, Carson summoned Cross and Ottey.
‘Right, there’s no easy way to say this but I think DI Warner’s case is not as watertight as we might have thought when we charged him.’
‘Just to clarify. When you say “we” do you in fact mean “you”?’ asked Cross.
This of course immediately caused Ottey to smile, which she attempted to hide with an involuntary cough. Carson noted it but turned to Cross and answered reluctantly, ‘Yes. In retrospect Bobby’s rush to arrest, and charge, does seem a little precipitate and short-sighted as I’m aware you pointed out at the time.’
‘Do you think the jury will come back with a not guilty?’ asked Ottey.
‘I certainly hope so,’ Carson replied.
‘But I thought—’ she began.
‘Whatever happens, I’m reopening this investigation,’ Carson interrupted.
‘Even if they find him guilty?’
‘Particularly if they find him guilty, because then I believe we’ll have sent the wrong man to prison.’
‘Okay, so thinking this through… If they do find him guilty, how are you going to square reopening the investigation with the brass?’ Ottey asked.
‘Let me deal with that. But you should both consider the case reopened. George, what are your thoughts?’
‘That you shouldn’t have charged him in the first place.’
‘Yes, yes, I think we’ve covered that. How do you want to proceed?’
‘I have no idea. I need to go back to my office and formulate a plan of action,’ he said, getting up in order to do just that.
‘All right. Get to it. Oh, and, George, for what it’s worth, I’m sorry.’
Cross thought about this for a moment then just nodded, said ‘yes’ and left.
Ottey smiled at Carson. ‘Good for you, boss,’ she said.
When Ottey got back to Cross’s office she asked Mackenzie to join them.
‘Well, I’m not surprised,’ was her immediate reaction when informed of Carson’s new instruction. ‘Michael is convinced Cotterell is innocent. The CCTV evidence just doesn’t stack up with the prosecution’s narrative.’
‘I think Dr Swift’s testimony was crucial to the defence case,’ replied Cross.
‘So, George, where do you want to begin?’ asked Ottey.
‘I think we need to bring Peter Montgomery in for questioning and search his property,’ he replied.
‘The bloke who posed over Moreton’s grave?’ asked Ottey.
‘Yes,’ Mackenzie replied.
‘Shouldn’t we wait until the verdict is in?’ asked Ottey.
‘Why?’ responded Cross. ‘Carson told us to investigate whatever the verdict.’