Chapters (16)
‘And in this case there is surely nothing nastier than the evidence of Acting Detective Constable David Taylor. You will remember him, only too well I suspect. He was the young officer who eventually admitted, was forced to admit, that he leant on Sammy McPhee. This is only one way to describe what he did. It was a blatant attempt to pervert the course of justice – pure and simple. Deliberate and nasty. Mr McPhee may not have a lifestyle which you or I would choose. But who are we to condemn him? What right does anyone have to condemn him or describe him in the pejorative language chosen by Mr Taylor? Who knows what tragedy in his life may have driven him on to the streets? He was entitled to the same respect as any other witness. He was entitled to the same fairness of treatment. He should not have been picked upon and bullied by anyone, let alone a police officer. The conduct of Mr Taylor was as cowardly as it was improper. It was the conduct of a man interested only in self-advancement. A man indifferent to the concepts of propriety, fairness and justice.
‘This is the measure of the man the Crown ask you to believe when he claims that Charles Gallagher confessed to him.
‘Mr Gallagher was subjected to lengthy interviews, quite rightly, and time and time again he denied any involvement in the murder. All of this was tape-recorded. You are to believe that, during the briefest of interludes when, coincidentally, the recording machine is switched off, Mr Gallagher blurts out his admission. Deliberately. Boastfully.
‘Let us assume that he did. This must have been the most momentous event in that young officer’s career. Normally in uniform. First experience of CID. He would have bent over backwards to make sure he did everything strictly according to the rules. He would have been desperate to impress by his attention to detail. Wouldn’t you? Just so!
‘What should he have done, according to well-established procedures? He would have entered this so-called confession into his notebook, there and then, to preserve it for all time coming. What does he do? Nothing. Why? Because he didn’t think it was necessary. He didn’t think it was necessary to record a confession to murder. Ladies and gentlemen, if you believe that you will believe anything!
‘Perhaps he was harshly treated by me in cross-examination. Perhaps it was brutal. But it is a harsh and brutal thing to do to seek to advance your own career by fabricating evidence in such a despicable manner. David Taylor betrayed himself, his father and the police force. You must not allow him to betray justice.
‘That only leaves the Crown with the evidence of Barclay Thomson.’
Matthews leaned conspiratorially towards his junior.
‘Now it gets tricky for him.’
Her thin smile was not greatly reassuring.