40
GILES SAT DOWN to breakfast and began to go through the morning papers. He was on his second cup of coffee by the time Sebastian joined him.
“How do they read?”
“I think a theatre critic would describe the opening day as having mixed reviews.”
“Then perhaps it’s a good thing,” said Seb, “that the judge instructed the jury not to read them.”
“They’ll read them, believe me,” said Giles. “Especially after the judge refused to let Trelford tell them what my mother had to say about Virginia in her will. Pour yourself a coffee and I’ll read it to you.” Giles picked up the Daily Mail and waited for Seb to return to the breakfast table before he put his glasses back on and began to read. “‘The remainder of my estate is to be left to my beloved daughters Emma and Grace to dispose of as they see fit, with the exception of my Siamese cat, Cleopatra, who I leave to Lady Virginia Fenwick, because they have so much in common. They are both beautiful, well-groomed, vain, cunning, manipulative predators, who assume that everyone else was put on earth to serve them, including my besotted son, who I can only pray will break from the spell she has cast on him before it is too late.’”
“Bravo,” said Seb when his uncle had put the paper down. “What a formidable lady. We could have done with her in the witness box. But what about the broadsheets, how are they reporting it?”
“The Telegraph is hedging its bets, although it does praise Makepeace for his forensic and analytical cross-examination of Emma. The Times speculates about why the defense rather than the prosecution is calling Fisher. You’ll see it under the headline ‘Hostile Witness,’” said Giles, sliding the Times across the table.
“I have a feeling Fisher won’t get mixed reviews.”
“Just be sure to keep staring at him while he’s in the witness box. He won’t like that.”
“Funnily enough,” said Seb, “one female member of the jury keeps staring at me.”
“That’s good,” said Giles. “Be sure to smile at her occasionally, but not too often in case the judge notices,” he added as Emma walked into the room.
“How are they?” she asked, looking down at the papers.
“About as good as we could have expected,” said Giles. “The Mail has turned Mother’s will into folklore, and the serious journalists want to know why Fisher is being called by us and not them.”
“They’ll find out soon enough,” said Emma, taking a seat at the table. “So which one should I start with?”
“Perhaps the Times,” said Giles, “but don’t bother with the Telegraph.”
“Not for the first time,” said Emma, picking up the Telegraph, “I wish I could read tomorrow’s papers today.”
* * *
“Good morning,” said Mrs. Justice Lane once the jury had settled. “Proceedings will begin today with a rather unusual occurrence. Mr. Trelford’s next witness, Major Alexander Fisher MP, is not giving evidence by choice, but has been subpoenaed by the defense. When Mr. Trelford applied for a subpoena, I had to decide if his evidence was admissible. On balance, I concluded that Mr. Trelford did have the right to call Major Fisher, as his name is mentioned during the exchange between Mrs. Clifton and Lady Virginia that is at the core of this case, and he may therefore be able to throw some light on the situation. You must not, however,” she emphasized, “read anything into the fact that Major Fisher wasn’t included on Sir Edward Makepeace’s list of witnesses.”
“But they will,” whispered Giles to Emma.
The judge looked down at the clerk of the court. “Has Major Fisher arrived?”
“He has, my lady.”
“Then please call him.”
“Call Major Alexander Fisher MP,” bellowed the clerk.
The double doors at the back of the courtroom swung open and in marched Fisher, with a swagger that took even Giles by surprise. Clearly becoming a Member of Parliament had only added to his considerable self-esteem.
He took the Bible in his right hand and delivered the oath, without once looking at the card the clerk held up for him. When Mr. Trelford rose from his place, Fisher stared at him as if he had the enemy in his sights.
“Good morning, Major Fisher,” said Trelford, but received no response. “Would you be kind enough to state your name and occupation for the court records?”
“My name is Major Alexander Fisher, and I am the Member of Parliament for Bristol Docklands,” he said, looking directly at Giles.
“At the time of Barrington Shipping’s annual general meeting that is the subject of this libel, were you a director of the company?”
“I was.”
“And was it Mrs. Clifton who invited you to sit on the board?”
“No, it was not.”
“So who was it who asked you to represent them as a director?”
“Lady Virginia Fenwick.”
“And why, may I ask? Were you friends, or was it simply a professional relationship?”
“I would like to think both,” said Fisher, glancing down at Lady Virginia, who nodded and smiled.
“And what particular expertise did you have to offer Lady Virginia?”
“I was a stockbroker by profession before I became an MP.”
“I see,” said Trelford. “So you were able to offer advice to Lady Virginia on her share portfolio, and because of your wise counsel, she invited you to represent her on the board of Barrington’s.”
“I couldn’t have put it better myself, Mr. Trelford,” said Fisher, a smug smile appearing on his face.
“But are you sure that was the only reason Lady Virginia selected you, major?”
“Yes, I am sure,” barked Fisher, the smile disappearing.
“I’m just a little puzzled, major, how a stockbroker based in Bristol becomes a professional advisor to a lady living in London, who must have access to any number of leading stockbrokers in the City. So perhaps I should ask how you first met.”
“Lady Virginia supported me when I first stood for Parliament as the Conservative candidate for Bristol Docklands.”
“And who was the Labour candidate at that election?”
“Sir Giles Barrington.”
“Lady Virginia’s ex-husband and Mrs. Clifton’s brother?”
“Yes.”
“So now we know why Lady Virginia chose you as her representative on the board.”
“What are you suggesting?” snapped Fisher.
“Quite simply, that if you had stood for Parliament in any other constituency, you would never have come across Lady Virginia.” Mr. Trelford looked at the jury while he waited for Fisher’s reply, because he was confident none would be forthcoming. “Now that we have established your relationship with the plaintiff, let us consider the value and importance of your professional advice. You will recall, major, that I earlier asked you if you advised Lady Virginia on her share portfolio, and you confirmed that you did.”
“That is correct.”
“Then perhaps you can tell the jury which shares, other than Barrington Shipping, you advised her ladyship on?” Again, Mr. Trelford waited patiently, before he spoke again. “I suspect the answer is none, and that her only interest in you was as an insider, to let her know what was going on at Barrington’s, so both of you could take advantage of any information to which you were privy as a board member.”
“That is an outrageous suggestion,” said Fisher, looking up at the judge. But she remained impassive.
“If that is the case, major, could you deny that on three separate occasions you advised Lady Virginia to sell her shares in Barrington’s—I have the dates, the times, and the amounts in front of me—and on each occasion, just a couple of days later the company announced some bad news.”
“That is what advisors are for, Mr. Trelford.”
“And then some three weeks after that you bought the shares back, which I would suggest was for two reasons. First, to make a quick profit, and second, to be sure that she retained her seven and a half percent of the company’s stock so you didn’t lose your place on the board. Otherwise you wouldn’t have been privy to any more inside information, would you?”
“That is a disgraceful slur on my professional reputation,” barked Fisher.
“Is it?” said Trelford, holding up a sheet of paper for everyone to see, before reading out the figures in front of him. “On the three transactions in question, Lady Virginia made profits of ￡17,400, ￡29,320, and ￡70,100 respectively.”
“It’s not a crime to make a profit for one’s client, Mr. Trelford.”
“No, it most certainly is not, major, but why did you need to use a broker in Hong Kong to carry out these transactions, a Mr. Benny Driscoll?”
“Benny is an old friend who used to work in the city, and I am loyal to my friends, Mr. Trelford.”
“I’m sure you are, major, but were you aware that at the time of your dealings, the Irish Garda had a warrant out for Mr. Driscoll’s arrest for fraud and share manipulation?”
Sir Edward was quickly on his feet.
“Yes, yes, Sir Edward,” said Mrs. Justice Lane. “I do hope, Mr. Trelford, you are not suggesting that Major Fisher was aware of this warrant but was still willing to do business with Mr. Driscoll?”
“That would have been my next question, my lady,” said Trelford, the innocent schoolboy look returning.
“No, I did not know,” protested Fisher, “and had I done so, I certainly wouldn’t have continued to deal with him.”
“That’s reassuring,” said Trelford. He opened a large black file in front of him and took out a single sheet of paper, covered in figures. “When you purchased shares on behalf of Lady Virginia, how were you paid?”
“On commission. One percent of the buying or selling price, which is standard practice.”
“Very right and proper,” said Trelford, making a show of putting the sheet of paper back in his file. He then extracted a second sheet, which he studied with equal interest. “Tell me, major, were you aware that on each occasion after you had asked your loyal friend, Mr. Driscoll, to carry out these transactions for Lady Virginia, he also bought and sold shares in Barrington’s on his own behalf, which he must have known was illegal.”
“I had no idea he was doing that, and I would have reported him to the Stock Exchange had I been aware of it.”
“Would you indeed? So you had no idea that he made several thousand pounds piggybacking your transactions?”
“No, I did not.”
“And that he has recently been suspended by the Hong Kong Exchange for unprofessional conduct?”
“I was not aware of that, but then I haven’t dealt with him for several years.”
“Haven’t you?” said Trelford, returning the second sheet to his file and taking out a third. He adjusted his glasses and studied a row of figures on the page in front of him before saying, “Did you also, on three separate occasions, buy and sell shares for yourself, making a handsome profit each time?”
Trelford continued to stare at the sheet of paper he held in his hand, painfully aware that all Fisher had to say was “I did not,” and his bluff would have been called. However, the major hesitated, just for a moment, which allowed Trelford to add during the brief silence, “I don’t have to remind you, Major Fisher, as a Member of Parliament, that you are under oath, and of the consequences of committing perjury.” Trelford continued to study the row of figures in front of him.
“But I didn’t make a profit on the third transaction,” Fisher blurted out. “In fact, I made a loss.”
A gasp went up around the court, followed by an outbreak of chattering. Trelford waited for complete silence before he continued. “So you made a profit on the first two transactions, major, but suffered a loss on the third?”
Fisher shuffled uneasily in the box, but made no attempt to reply.
“Major Fisher, you stated earlier to the court that it’s not a crime to make a profit for one’s client,” said Trelford, looking down at a scribbled note to check the major’s exact words.
“Yes, I did,” said Fisher, trying to recover.
“But as a qualified stockbroker you will have known that it was a crime,” continued Trelford, picking up a thick red leather-bound volume from the bench in front of him and opening it at a page marked with a slip of paper, “to trade shares in a company of which you sit on the board.” Trelford read out the exact words: “unless you have informed the chairman of that company and sought legal guidance.” He let his words sink in, before slamming the book shut and asking quietly, “Did you inform Mrs. Clifton, or seek legal guidance?”
Fisher gripped the sides of the witness box to stop his hands from shaking.
“Can you tell the court how much profit you made when you bought and sold your Barrington’s shares?” asked Trelford as he continued to look down at a hotel bill from his recent trip to Hong Kong. He waited for some time before he placed the receipt back in his file, looked up at the judge, and said, “My lady, as Major Fisher seems unwilling to answer any more of my questions, I see no purpose in continuing.” He sat down and smiled at Emma.
“Sir Edward,” said Mrs. Justice Lane, “do you wish to cross-examine this witness?”
“Just a couple of questions, if I may,” said Sir Edward, sounding unusually subdued.
“Major Fisher, is there any suggestion that Lady Virginia Fenwick was aware that you were trading in Barrington’s shares on your own behalf?”
“No, sir.”
“Correct me if I’m wrong, but you were simply her advisor, and all the transactions carried out in her name were conducted within the full rigors of the law?”
“They were indeed, Sir Edward.”
“I am obliged to you for that clarification. No more questions, my lady.”
The judge was writing furiously while Fisher remained motionless in the witness box, looking like a rabbit caught in the headlights. Finally she put her pen down and said, “Before you leave the court, Major Fisher, I must tell you that I intend to send a transcript of your evidence to the Department of Public Prosecutions, so they can decide if any further legal action should be taken.”
As the major stepped out of the witness box and made his way out of the courtroom, the press corps deserted their benches and followed him out into the corridor like a pack of baying hounds pursuing a wounded fox.
Giles leaned forward, patted Trelford on the back, and said, “Well done, sir. You crucified him.”
“Him, yes, but not her. Thanks to those two carefully worded questions from Sir Edward, Lady Virginia lives to fight another day.”