Chapters (16)
‘Don’t remember.’
‘Back to the transcript. You were asked, “Can I have your name please?” Read over your answer.’
‘ “No, that’s all right. I don’t think I’ll bother.” ’
‘Why did you refuse to give your name?’
‘I didn’t want to get involved, man. What’s wrong with that?’
‘Why not? What was the problem? What did you have to hide?’
‘Nothing. I just did not want to be involved. I had done what I could. What I thought was right. I might not have bothered at all if I had known I was going to have to stand here and be abused by you.’
‘Mr Thomson, rest assured that his Lordship will not allow me to abuse you. I am entitled to ask you questions and examine your evidence – in detail.’
Muirhead was keeping the pressure on, probing with the skill of a swordsman wielding a blade with artistry and control. He had drawn some blood but had inflicted no major wounds. His opponent lacked his dexterity but was mounting a stout defence while remaining remarkably calm under the persistent attacks. The jury was fixated.
‘On how many occasions did you speak to the police?’
‘I made one treble-nine call.’
‘I did not ask you that. I asked on how many occasions you spoke to the police. Answer the question, please.’
‘I gave the police a statement, then later on I saw the procurator fiscal. I also went to an identification parade. That’s it.’
‘Will you just answer my question?’
The Advocate Depute was on his feet.
‘My Lord, the witness has answered my learned friend’s question. There is no need for him to badger the man.’
‘It certainly seems to me that he has answered your question Mr Muirhead.’
‘My Lord, there is the world of difference between giving an answer to a straight question and giving a straight answer to a straight question. I would prefer the latter.’
‘You have had an answer. Move on please.’
‘How many times did you phone the police?’
‘I made one treble nine call. I told you, man.’
Again the Depute was on his feet.
‘My Lord, you have already ruled on this matter.’
‘Mr Muirhead, I have told you to move on. Did you understand my ruling?’
‘I did, of course, and I will move on if your Lordship is telling me as a matter of law that I am not entitled to have an answer to the perfectly reasonable question I asked in cross-examination on behalf of a client charged with murder.’ (Because if you are you old bastard you know I’ll be off to the Appeal Court the first chance I get.)
His Lordship got the message, loud and clear.
‘Advocate Depute, I think this is a difficult area and I will allow Mr Muirhead to pursue it – for the time being.’
‘I am very much obliged to your Lordship.’ Muirhead accompanied this with a slight bow. (This was lawyer-speak for ‘Up yours, my Lord!)