Jeffrey Archer - A Prisoner Of Birth

Three judges would have trawled through all the original evidence, as well as the transcript of the trial, and would have to be persuaded that there was fresh evidence that the judge and jury had not been privy to before they would consider overturning the original verdict.

Once he had heard the tape, Alex Redmayne was confident that doubt would be planted in their lordships' minds, although he didn't intend to dwell for too long on why Toby Mortimer was unable to appear as a witness.

It was some time before the door of Danny's cell was unlocked, and Alex joined him. After their last consultation, he had insisted that Danny call him by his Christian name. He still refused, as it just didn't feel right, despite the fact that his counsel had always treated him as an equal. Alex began to go over all the new evidence in great detail. Despite Mortimer taking his own life, they were still in possession of the tape, which Alex described as their trump card.

"One should always try to avoid clichés, Mr. Redmayne," Danny said with a grin.

Alex smiled. "Another year and you'll be conducting your own defense."

"Let's hope that won't be necessary."

Danny looked up to where Beth and her mother were seated in the front row of a gallery that was packed with the good citizens of Bow, who were in no doubt that he would be released later that day. He was only sorry that Beth's father was not among them.

What Danny didn't realize was how many more people were standing on the pavement outside the Royal Courts, chanting and holding up placards demanding his release. He glanced down at the press benches where a young man from the Bethnal Green and Bow Gazette sat with his notepad open and his pen poised. Would he have an exclusive for tomorrow's paper? The tape might not prove to be enough in itself, Alex had warned Danny, but once it had been played in court, its contents could be reported in any newspaper in the land, and after that…

Danny was no longer alone. Alex, Nick, Big Al and of course Beth were the generals in what was fast becoming a small army. Alex had admitted that he was still hopeful a second witness might come forward to confirm Mortimer's story. If Toby Mortimer had been willing to confess, wasn't it possible that either Gerald Payne or Lawrence Davenport might, after more than two years of having had to live with their consciences, want to set the record straight?

"Why don't you go and see them?" Danny had asked. "They might just listen to you."

Alex had explained why that wasn't possible, and went on to point out that even if he bumped into one of them socially he could be forced to withdraw from the case, or face a charge of unprofessional conduct.

"Couldn't you send someone else in your place, and have them get hold of the evidence we need, the way Big Al did?"

"No," said Alex firmly. "If such an action were traced back to me, you'd be looking for a new barrister and I'd be looking for another job."

"What about the barman?" Danny asked.

Alex told him that they'd already carried out a background check on Reg Jackson, the barman of the Dunlop Arms, to find out if he had any previous convictions.

"And?"

"Nothing," said Alex. "He's been arrested twice in the past five years for handling stolen goods, but the police didn't have enough evidence to be sure of a conviction, so the charges were dropped."

"What about Beth?" Danny asked. "Will they give her a second chance to testify?"

"No," replied Alex. "The judges will have read her written testimony as well as the transcript of the trial and they're not interested in repeat performances." He also warned Danny that he couldn't find anything in the judge's summing-up, which suggested sufficient prejudice to seek a retrial. "The truth is, everything rests on the tape."

"What about Big Al?"

Alex told him that he had considered calling Albert Crann as a witness, but had decided that it might do more harm than good.

"But he's a loyal friend," said Danny.

"With a criminal record."

As ten o'clock struck, the three judges trooped into the courtroom. The court officials rose, bowed to their lordships and then waited for them to take their places on the bench. To Danny, the two men and one woman who held the rest of his life in their hands appeared somewhat shadowy figures, their heads covered in short wigs and their everyday clothes masked by full-length black gowns.

Alex Redmayne placed a file on a small lectern in front of him. He had explained to Danny that he would be alone on the front bench, as prosecuting counsel didn't have to be present at appeals. Danny felt he wouldn't miss Mr. Arnold Pearson QC.

Once the court had settled, the senior judge, Lord Justice Browne, invited Mr. Redmayne to begin his summation.

Alex opened by reminding the court of the background to the case, trying once again to sow doubt in their lordships' minds, but from the looks on their faces he clearly wasn't making much of an impression. In fact, Lord Justice Browne interrupted him on more than one occasion to inquire if there was going to be any new evidence presented in this case, as he stressed that all three judges had studied the court transcripts of the original trial.

After an hour, Alex finally gave in. "Be assured, m'lord, that I do indeed intend to present important new evidence for your consideration."

"Be assured, Mr. Redmayne, that we are looking forward to hearing it," was Lord Justice Browne's response.

Alex steadied himself and turned another page of his file. "My lords, I am in possession of a tape recording that I should like you to consider. It is a conversation with a Mr. Toby Mortimer, a fellow Musketeer who was present at the Dunlop Arms on the night in question, but was unable to give evidence at the original trial as he was indisposed." Danny held his breath as Alex picked up the tape and placed it in a cassette player on the table in front of him. He was just about to press the play button, when Lord Justice Browne leaned forward and said, "One moment please, Mr. Redmayne."

Danny felt a shiver go through his body as the three judges whispered among themselves. It was some time before Lord Justice Browne asked a question to which Alex had no doubt he already knew the answer.

"Will Mr Mortimer be appearing as a witness?" he asked.

"No, m'lord, but the tape will show-"

"Why will he not be appearing before us, Mr. Redmayne? Is he still indisposed?"

"Unfortunately, m'lord, he died quite recently."

"May I inquire what was the cause of death?"

Alex cursed. He knew that Lord Justice Browne was well aware of the reason Mortimer couldn't be in court, but was making sure that every detail was on the record. "He committed suicide, m'lord, after taking an overdose of heroin."

"Was he a registered heroin addict?" continued Lord Justice Browne relentlessly.

"Yes, m'lord, but fortunately this recording was made during a period of remission."

"No doubt a doctor will appear before us to confirm this?"

"Unfortunately not, m'lord."

"Am I to understand that a doctor was not present when the tape recording was made?"

"Yes, m'lord."

"I see. And where was the tape recording made?"

"In Belmarsh prison, m'lord."

"Were you present at the time?"

"No, m'lord."

"Perhaps an officer of the prison was on hand to witness the circumstances in which this tape recording was made?"

"No, m'lord."

"Then I am curious to know, Mr. Redmayne, exactly who was present on the occasion."

"A Mr. Albert Crann."

"And if he is not a doctor or a member of the prison staff, what was his position at the time?"

"He is a prisoner."

"Is he, indeed? I am bound to ask, Mr. Redmayne, if you have any proof that this recording was made without Mr. Mortimer being coerced or threatened."