‘All rise!’
The judges came back into court.
Anderson at his side, coupled with this new information about West, Hussain was rejuvenated. ‘My Lord, I call Orlando West, Queen’s Counsel.’
‘Orlando West?’ repeated the presiding judge. ‘He only gave character evidence in the trial. This Court always finds it a pleasure to hear the dulcet tones of Mr West, but we of course accept the evidence he gave the first time. There’s no fresh evidence here.’
West, sitting in the gallery, sensed something wasn’t right.
‘My Lord, there are some new matters we would wish to explore.’
‘Explore! This is an appeal, not a fishing expedition, Mr Hussain. Is there even a witness statement?’
‘Due to the pressure of time, I’m afraid not.’
The Court was losing patience with Hussain. ‘This really is wholly unacceptable.’
‘I can assure Your Lordship, I will take this very shortly.’
‘Very well,’ said the judge. ‘But let me make it clear, so far this Court is singularly unimpressed.’
Hussain lowered his gaze to acknowledge the admonishment.
West made his way to the witness box, his customary self-assurance absent. He took the oath. The judges smiled at him, lest it be thought he had displeased the Court. West returned an obsequious bow.
‘Here we go,’ Hussain whispered to Anderson, before turning to the witness. He began: ‘John Anderson was your pupil?’
‘Yes, he was.’
‘You took him on as a favour to his father?’
‘Yes, but we were glad to have him.’
‘You gave him an enviable start at the Bar?’
‘That’s for others to judge,’ West replied, smiling at Mr Justice Billings, more relaxed now that he knew the subject matter of this examination.
‘And as the years passed, you became not just his mentor, but a very dear family friend?’
‘I like to think so.’
‘You know so. You are godfather to his children?’
‘Yes, I am.’
‘You, more than most, were able to witness first hand, the utter shock and devastation that the events of 24th January had on John Anderson and his family?’
‘I did.’
‘My Lord,’ said Hussain, switching his attention for a moment, ‘I say that, meaning no disrespect to the family of Molly Granger, whose own loss is immeasurable.’
‘I’m sure that is understood by all, Mr Hussain.’
Hussain refocused on his target. ‘And in his hour of need, he came to you to ask but one favour – that you defend him?’
The question surprised West. Why would he ask that? ‘He did, but sadly I felt it was inappropriate for me to act, because of our friendship.’
‘But you could have accepted the brief, couldn’t you? I mean ultimately, it was a matter for your own conscience.’
‘My own professional judgement,’ came the measured response.
‘If you had known something about the events of 24th January that John Anderson did not, then of course you could not represent him.’
‘Obviously.’
‘If that were the case, you wouldn’t touch the brief with a barge pole, would you?’
‘What are you getting at?’ West’s reply had a sense of urgency. Flustered. What was coming next?
‘Is that why you turned your friend down? Because you knew something?’
‘Certainly not!’
Mr Justice Billings leaned forward: ‘This is quite extraordinary, Mr Hussain. I don’t know what you’re insinuating, but we commend Mr West’s very difficult and apposite decision.’
Time for the kill: ‘Do you recognise this person, Mr West?’ Hussain handed the usher the post-mortem photograph of Heena Butt.
West studied the photograph. ‘This person is deceased so it’s difficult, but no, I can’t say I do.’
‘That is Heena Butt, the woman found dead in the applicant’s car. Do you know her?’
‘No, I do not.’
‘But she came to see you in chambers on the morning of the 24th, didn’t she?’
An almost imperceptible pause before West answered: ‘Well, I suppose it’s possible, but I certainly don’t remember it. I see countless people. As a lawyer yourself, you’ll appreciate that.’
Outfoxed, Hussain was beginning to panic. In a last desperate lunge: ‘Were you in on this in some way?’
‘I beg your pardon?’
‘Were you party to a conspiracy to set Mr Anderson up?’
West burst out laughing. ‘Ridiculous!’
‘To get him out of the way?’
‘Why on earth would I want to do that?’
‘So that you could take his place. After all, you were having an affair with his wife, were you not?’
‘Do I have to answer that, My Lord?’
‘So you don’t deny it then?’ pressed Hussain.
‘No you do not have to, Mr West,’ interjected the old judge, incandescent with rage. ‘Mr Hussain, I am appalled by what I have just witnessed. Eminent Queen’s Counsel, Mr West, came here to assist the defence by giving character evidence on behalf of the applicant and you trick him into the box and accuse him, apparently without any evidential foundation, of being responsible for this tragedy and having extra-marital relations with the applicant’s wife.’ The aged judge paused to catch his breath. Then: ‘Rest assured, I will be reporting you to your governing body. You are not fit to wear that gown.’
Hussain was not only shaken by the reprimand, but embarrassed to have been outmanoeuvred so easily. He whispered to his client, ‘I’m so sorry, John.’
‘Don’t worry,’ Anderson replied, hiding his disappointment. ‘He’s a worthy opponent.’
They watched West retake his seat in the public gallery next to Mia. Had Connor lied to them? Maybe Adey was mistaken? He didn’t know which scenario he wanted to be the truth.
Billings wasn’t finished: ‘I take it that concludes the live evidence?’
Stapleton addressed the Court. ‘My Lord, the defence made a disclosure request of the Crown this morning, which—’
‘This morning?’ repeated Mr Justice Billings. ‘Why on earth wasn’t that done sooner, Mr Hussain?’
‘Some information came to us very late, My Lord.’
He rolled his eyes at his brother judges.
‘I will need five minutes with the witness, My Lord,’ Stapleton continued. ‘To consider any possible disclosure and then I can tender him for cross-examination.’
‘And this goes to what issue?’
‘I’m not entirely sure, My Lord. The defence assert that MI5 may hold some information pertinent to this appeal.’
‘MI5? Were they in some way involved?’
‘Not that I’m aware of.’
The judge shook his head, making his disgust at the way this appeal was being conducted abundantly clear. After a deep sigh: ‘Very well, five minutes. We’ll rise.’