Tom Bower - Maxwell - The Final Verdict

The Briton’s position at the autopsy was unusual. Under the insurance companies’ agreement with the Israeli government, he could observe but not actively participate. West regretted that he would not be allowed to follow the contours and patterns of any injuries which might be discovered and privately felt slightly disdainful of his temporary colleague, Dr Yehuda Hiss. He recalled the forty-five-year-old Israeli pathologist – then his junior – learning his craft in Britain in the mid-1980s. He had judged him to be ‘competent’, although unused to the traditional challenges of autopsy reports in Britain. West was nevertheless now gratified to learn that his lack of confidence in the Spaniards was partially shared by Hiss. In the Israeli’s opinion, Dr Lamela’s equivocation about the cause of death was unimpressive.

West watched Hiss dictate his visual observations. Touching the body gently, even sensitively, the Israeli noted small abrasions around the nostrils and rubbed skin under the nose and on the ear, but no signs of fresh epidermal damage anywhere on the head or neck. There were no recently broken bones. Although the body had apparently floated in the sea for up to twelve hours, the skin showed no signs of wrinkling or sunburn. ‘We’ll X-ray the hands and the foot,’ ordered Hiss.

His dictation was interrupted by West: ‘I wonder if they’ve looked at his back?’

‘No, no,’ replied Hiss, going on to note a small scar, thin pubic hair and circumcision.

Again he was interrupted: ‘The teeth are in bad condition.’

‘The dental treatment is poor,’ agreed another Israeli.

‘Very poor’, grunted West, ‘for a man who was so rich.’

‘Are you sure it’s him?’ asked an Israeli. ‘We’d better X-ray the teeth for a dental check.’

‘Well, it looks like him,’ snapped West. ‘The trouble is we’re up against time. He’s being buried tomorrow. I think we’ll take fingerprints.’ Again, he criticized the Spaniards: ‘The fingernails haven’t been cut off. They said they’d done it.’

Midnight passed. It was now the day of the burial. The corpse was turned over. ‘We’ll cut through and wrap it back,’ said West impatiently. The two pathologists had already concurred that the Spanish failure to examine the deceased’s back was a grave omission – it had been a common practice in Britain since the 1930s, as a method of discovering hidden wounds.

There was no sentiment as two scalpels, Hiss’s and an assistant’s, were poised over the vast human mound. None of the doctors contemplated its past: the small baby in the impoverished Czech shtetl or ghetto whose soft back had been rubbed after feeding; or the young man whose muscular back had been hugged by admiring women; or the tycoon whose back five days earlier had been bathed in sunshine on board a luxury yacht worth £23 million. Their scalpels were indiscriminate about emotions. They thought only of the still secret cause of death.

After the scalpels had pierced the skin and sliced through thick, yellow fat on the right side, West’s evident anticipation was initially disappointed: ‘I’m surprised that we didn’t find anything.’ A pattern of bruises was revealed to be only on the surface, the result of slight pressure, but not relevant to the cause of death. More dissections followed, mutilating the body tissue, slitting the fat, carving the flesh inch by inch in the search for the unusual. Minutes later there was a yelp.

‘Do you see that?’ exclaimed Hiss.

‘It’s a massive haematoma!’ gasped West, peering at the discovery. There, nestling among the flesh and muscle in the left shoulder was a large, dark-red blob of congealed blood.

‘Nine and a half by six centimetres,’ dictated Hiss in Hebrew, ‘and about one centimetre thick.’

West prodded the haematoma: ‘There’s a lot of torn muscles – pulled.’ It was those tears which had caused the bleeding.

Here was precisely the critical clue missed by the Spaniards: since there were no suspicious bruises on the skin, they had lazily resisted any probing. Now the new doctors were gazing at violently torn fibres. Yet Hiss was not rushing to the conclusion he sensed was already being favoured by West. ‘The trouble is, it’s also an area where you often hit yourself,’ he observed.

‘It’s not a hit,’ growled West.

There was, they agreed, no pattern of injuries of the kind which usually accompanies murder – no tell-tale grip, kick or punch marks, no small lacerations on the skin which at his age would easily have been inflicted in the course of a struggle or by dragging a heavy, comatose body.

‘There’s tearing,’ insisted West, peering into the corpse. ‘Violent along the muscle.’ The dissecting continued. Another muscle tear was found near the base of the spine and a third haematoma deep in the muscle in the front abdomen. The blood was so localized, they concluded, that the tears must have occurred shortly before death.

By 12.30, as the cadaver steadily ceased to resemble a human being, West became quite certain: ‘The muscle fibres were torn in a desperate attempt to grab something.’ Hiss did not reply. As the legs and each finger were cut open to scour for other secrets, he remained reserved. The embalmer’s formalin, he realized, had destroyed any chance of finding conclusive evidence. ‘It’s well worth doing, isn’t it?’ repeated West as they drank coffee.

‘Yes,’ replied Hiss, still looking for a pattern of injuries and still feeling restrained by a Health Ministry official’s edict that he should be cautious (the edict was possibly a consequence of the friendship between the deceased and the serving minister of health).

The corpse was turned over on to its shredded back. The Spanish stitches were cut by a sharp scalpel. It was just past one o’clock in the morning and the pathologists were about to enter already trodden ground. Swimming in formalin within the distastefully brown chest cavity were the remains of the Spaniards’ handiwork.

Dr Lamela, the senior Spanish pathologist, had carried out his duties in circumstances very different from those enjoyed by the Israelis. Working in a cramped, ill-lit autopsy room, he had lacked important instruments, and had afterwards been denied any laboratory in which to conduct essential scientific tests. Aged thirty-five, he was a reluctant pathologist, obtaining little satisfaction from his task. In his three-and-a-half-hour investigation of the virgin corpse, he had noted that there were no external marks, bruises or perforations of the skin, the obvious signs of murder or violent death. Later tests had confirmed that no poisons were present.

Lamela’s next theory was drowning. But he had noticed no water in the respiratory tracts leading to the lung, which ruled out death by drowning. Nor had he found much water inside the lung tissue. The single, reliable test for judging whether the deceased was alive or dead when he fell into the sea had been frustrated by nature. That proof depended upon traces of the sea’s diatoms (microscopic algae) in the bone marrow. If the person had fallen living into the sea and swallowed water, the diatoms would have entered the bone marrow, providing irrefutable evidence of drowning. Subsequent tests revealed that at the point in the Atlantic where the corpse had been discovered and hoisted into a helicopter, the seawater contained no diatoms. The ‘little’ water in the lungs Lamela ascribed to pulmonary oedema, water which could arise through a heart attack. He therefore relied upon speculation rather than scientific proof when, mistakenly believing that the deceased was a strong swimmer, he excluded drowning and suicide as a cause of death.

Instead, Dr Lamela had concentrated upon the coronary arteries to the enlarged heart. Both were 70 per cent constricted. The evidence of a heart attack seemed strong. The twenty-two-stone man had lived with only one functioning lung and a diseased heart, and the right ventricular muscle of the stricken heart was acutely enlarged. His widow had disclosed a medical report written some years earlier which had noted a lack of oxygen in the blood, a common cause of sudden death. Taking into account the deceased’s complaints to the ship’s crew just before his death about the temperature in his cabin, Lamela concluded that the fatality had been caused by a heart attack. But, by scientific criteria, he was again speculating. He had failed to test whether there was an infarction of the heart muscle (a noticeable scar in the heart tissue), a certain indicator of an attack. Instead he had relied upon the small blemishes which revealed slight attacks in the past. His shortcomings were manifest.