Chapters (16)
‘James, you can shout at me if you like, but is this question altogether wise? If we put Boyle’s character in issue, the Depute will do a tit for tat. We’re not exactly as white as the driven snow. If they lead evidence that we are a bloody gangster, is that not going to make Warwick more credible? Surely the boy has to give evidence? The Depute will have a field day if he can ask him about some of his past activities.’
‘He’s not giving evidence.’
‘What?’
‘He’s not...’
‘I heard you. Am I not allowed a say in this? I am the man’s solicitor.’
‘You will get your say, Jack, but he will not be giving evidence. At least, he’ll have to climb over me to get to that box.’
‘OK, James, you’re the boss, I suppose.’
‘Yes, Jack, I am the boss. Sorry.’
‘When you’re ready, Mr Muirhead. We don’t have all day.’
‘Of course, my Lord. Can you answer my question, Superintendent?’
‘Kevin Boyle and other members of his family have been significant criminal figures in Glasgow for many years.’
‘Involved in what kind of activities?’
‘Illegal money-lending. Extortion. Intimidation. The use of violence in a variety of ways. Take your pick really.’
‘May the ladies and gentlemen of the jury take it that a man like Kevin Boyle would have a number of enemies?’
‘Occupational hazard, I should have thought.’
‘Would these enemies tend to be criminals?’
‘A fair percentage of them would be, yes.’
‘And would be people who might be prepared to use violence?’
‘Yes.’
‘Lethal violence?’
‘Possibly.’
Mike Matthews was scribbling away furiously. Had the maestro actually played a bum note? Normally the Crown cannot disclose the previous character of an accused until after a verdict has been returned. A man must not be convicted of a particular robbery just because that is what he ordinarily does for a living. However, if an accused brings out the bad character of his alleged victim, then he runs the risk that the prosecution will be entitled to expose his character, warts and all, to the public gaze.
Matthews not only had a list of Gallagher’s previous convictions, thefts, breaches of the peace and a number of assaults, but was sitting on a bulky police file listing his other activities which had not resulted in court appearances. He was running an alibi defence. He was claiming to have been elsewhere. He had to go into the witness box. Matthews relished the prospect. It never occurred to him to ask himself why Muirhead was prepared to risk leaving his client so badly exposed. He had done so, and that was good enough. Matthews had been handed a gift horse and, given the chance, he would ride it for all he was worth.
‘Was Kevin Boyle involved in drug dealing?’
‘There was information to that effect, but there was not enough evidence to justify charges.’
‘Have any other members of the Boyle family been involved in illegal drug dealing?’