Chapters (16)
‘What I mean is that it is very easy to pick out a man sitting in a dock. A man who virtually has a sign pointing at his head saying “accused”.’
‘I picked him out.’
‘I know you picked him out here, but did you pick him out at the parade?’
‘Yes.’
‘Why?’
‘He was there.’
‘Where?’
‘In the lane that night. The night I’ve been telling you about.’
‘You’re sure?’
‘Yes.’
‘If you were sure, why did you pick out two people at the parade?’
‘Did I?’
‘Don’t you know?’
‘I don’t remember.’
‘That is not an answer. At the parade, you said “Number three or number five. I’m not sure, possibly number five”. You said that, didn’t you?’
‘I don’t know.’
‘Not an answer. Didn’t you?’
‘I could have. Maybe. Look, I’m not sure. You’re confusing me.’
‘Number five was Mr Gallagher. Number three was a stand-in, just a member of the public brought in to make up the numbers. You picked out two men, and the best you could say was possibly number five. Do you accept that you said that?’
‘Possibly.’
‘Why did you say that?’
‘I can’t remember.’
‘You are avoiding my questions. Why?’
The pause became a delay which seemed to turn into an eternity.
‘WHY?’
‘I wasn’t sure. I did my best. I only saw him for a second. It was dark. I did my best.’
‘So you were not sure then, not sure at all, but you claim to be sure now. Why the change?’
‘I just am, that’s all.’
‘How sure do you think you may have been if you hadn’t been given the suit?’
‘That’s got nothing to do with it.’
‘Really?’
‘Yes. Really.’
The questions had been coming at him with such speed that once again Sammy felt himself beginning to panic. It was as if the floor of the witness box had turned to sand and Sammy was struggling to avoid sinking into it.
Muirhead could see the witness shifting uneasily. If he was going to get him, it was now. He could have settled for leaving matters where they were, but he had the feeling it was time to chance his arm. For the second time in the case he was about to take a flier.
‘Have you been coerced into changing your evidence?’
The Advocate Depute snapped to his feet.
‘My Lord, in light of the previous questions asked, the thrust of this question must be directed at police officers. I trust my learned friend has some basis for that very serious allegation.’
‘So do I, Mr Depute.’
So do I, thought Muirhead to himself, or the shit you’ve lived in, Mr McPhee, will be nothing compared to the shit I’ll end up in.
Counsel are not permitted to fire off allegations unless there is some evidential basis to support them. Muirhead had a suspicion. That would have to do. The rule was not being broken, just bent a bit.
‘Answer my question, truthfully please.’