Gregory bites down on his gums whilst my heart is shattering into a thousand pieces. I don’t want him to go through this.
‘He beat my mother,’ he says, curt and matter-of-fact.
‘Mmhmm, go on.’
‘That’s the story.’
‘Give me the detail. The detail is where we hook the jury.’
‘That’s the story, Mr Harrison, and we’ll leave it there. A jury will have to make a decision based on the facts of the night.’
‘Young man, I am afraid it just does not work that way. Whether I draw it out of you or the prosecution drag it out of you, if you sit on that stand, your past will become your present and the jury will scrutinise every move you have made and every step you have taken for as many days as you have lived.’
Tears build in my eyes and a lump forms in my throat. I can’t put him through that. He won’t open up to me, let alone a room full of strangers.
‘If the jury explores my past, it will realise that bastard beat my mother and killed… tried to kill me. He deserved to die. How can that go against me?’
‘Because you have a motive to kill him,’ I croak. ‘He hurt you. He hurt someone you love and you wanted him dead. That’s not self-defence, Gregory, that’s premeditated killing, and a jury will think that should be prosecuted.’
I lock my eyes onto his, trying to make him see that I should be punished. I shot a man because he took my dad’s life and turned a gun on the man I love. I killed with motive. Gregory holds my stare. He won’t give me permission, not now, not yet.
‘She is right, old boy; that is exactly what a jury will see. Thefact you’re a very wealthy man in a position of power will not lend you sympathy.’
Gregory speaks without taking his eyes from mine. ‘Then you’d better make damn sure this case doesn’t go to trial, Mr Harrison.’
‘Well, let us discuss that. You have not been charged yet, I understand.’
‘That’s right.’
‘That is a good sign. Let me tell you how this works. You see, the police investigate and the Crown Prosecution Service decides whether or not to charge and prosecute.’ John rises from his chair and perambulates the chamber’s perimeter. ‘The decision to prosecute is based on two things.’ He raises one finger in the air. ‘The first is the evidential test. Remember the CPS is funded by public money, therefore it will only go ahead with a charge and prosecution where it is certain there is sufficient evidence to secure a convictionandthat the person being charged is the true defendant.’
I shift awkwardly in my seat and feel heat prick my skin under Gregory’s oppressive glower.
‘Of course, one can have evidence enough to prosecute but believe that there is a true defence. In this case, that would be self-defence. And there you see we have a dilemma, to spend public money or not to spend public money;thatis the question. If the CPS believes a defence is likely to succeed, it will not and should not waste the good man’s taxes. Are you with me?’
Gregory nods once: a curt, businesslike dip of his head.
‘The second test,’ John begins, even more animated, lifting two fingers into the air, ‘is the public interest test. Essentially, the question is, are you a danger to the public? I suspect you would say no. Of course, there is more threat to the public in the case of murder than in the case of petty theft, I am sure you willagree. But that is not to say the CPS will always prosecute a murder. They will think about the victim’s family and the impact a decision not to prosecute may have on them.’
Gregory snorts.
‘Yes, well, we might not have a problem there. Jolly good. One of the more likely ways to escape prosecution is a lack of evidence but of course you, Scarlett and your driver concur that you did in fact kill a man. And there is the matter of the weapon. The CPS will not look favourably on your weapon of choice.’
‘Let’s cut to the chase,’ Gregory snaps. ‘Can you stop this going to trial or not?’
‘I do believe, old boy, until you are ready to share your past with me, your best odds are if the CPS chooses not to prosecute your case.’
‘And the chances of that happening?’
‘I would say sixty/forty on what I have learned today. Sixty/forty against you, that is.’
I close my eyes and will myself to be strong for Gregory.
‘That said, often in cases of compelling evidence or where there is a threat to the public, the CPS would decide to charge immediately, which they have not. And, I am the best, old boy. And if there is a man who can prevent a prosecution, itisme.’
‘How long before they make a decision?’ I ask.
‘Given they have not made the decision immediately, despite a confession, I would imagine they are waiting for a ballistics report to establish that you are the true defendant, and they may be exploring the strength of a self-defence argument. I can make a call on your behalf but I would hazard a guess at five to seven days for the ballistics report, give or take. If they explore the defence, they will almost certainly look to others in your life to question and establish motive. In thiscase, the longer it takes to hear from the CPS, the better, I think.’
