FIC: Rejuvenation (3/6) - a Broadchruch fanfic
Title: Rejuvenation
Genre: Broadchurch
Rating: T (subject matter, emotions, legal matters)
Author: tkel_paris
Summary: A chance thought of her assistant makes Jocelyn Knight ask Tom Miller additional questions to check his evidence. His answers lead to others bringing forward evidence that would otherwise have remained hidden until the Defence uncovered them. Will it be enough to reverse the damage done by Sharon Bishop and Abby Thompson?
Disclaimer: If I owned any of the characters, some of them wouldn't have gotten away with what they did. Of course, I'm not yet up to the story-telling abilities of Chris Chibnall. I would like to be, one day.
Dedication: tardis_mole, for betaing and being the reason I'm writing Broadchurch fanfic to begin with. Posted in honor of bas_math_girl's birthday.
Author's Note: Starts in Episode Six after Jocelyn speaks with the Latimers following Tom giving evidence against Mark. Written because I simply needed to right a few blatantly illegal things done. I may be an American, but I think we can all agree when something doesn't seem right.
And may I say that this chapter was very satisfying to write, even before the polishing suggestions of TM. *evil grin*
Chapter One / Chapter Two
Rejuvenation
Start Date: July 11, 2015
Finish Date: September 4, 2015
Chapter Three: Airing Dirty Laundry Backfires
Ben was driving Jocelyn to Court. They were discussing what the Defence was likely to do next when Jocelyn's phone rang. They both quieted as she picked up.
“Jocelyn Knight.”
“I'm sorry for this, but there's something you need to know about.”
She started. “Mrs. Stephens?”
“Yeah, it is,” the speaker confirmed. “Something I'm not proud of doing anymore has come to the Defence's attention. And you need to know what and how.”
Jocelyn rubbed her eyes.
/=/=/=/=/
As soon as Sharon sat down in triumph over revealing the payment from Ellie Miller to Lucy Stephens, Jocelyn stood slowly. “DC Miller, how exactly did this monetary exchange come about?”
It took a moment for Ellie to be able to speak.
“My sister came to me on the night of the 19th of July, claiming she saw something but refusing to speak unless I helped her out with the amount in question. At the time I told her to go to hell.”
“So what made you change your mind?”
Sharon and Abby both frowned. The Prosecution seemed too calm given the evidence presented.
Ellie exhaled loudly, not looking in the direction of her former boss whose angry gaze she could feel from across the room. Augers came to mind. “By the time I paid her the money, on the 1st of September, we were losing hope of solving the murder, and I worried that her stubbornness would kill the case. She had... pressed me for money before, to get her and her son out of a fix her gambling addition had produced. I decided I couldn't live with myself if I allowed that potential evidence to never be found.”
“Why didn't you instead report to your boss that your sister asked for money in exchange for giving her evidence?”
Hardy eyed Ellie, keeping still to keep from giving away his reaction.
Ellie shifted uncomfortably. “I... didn't feel I could trust him with something like that. I knew he'd give her the choice of giving the evidence or being locked up for hindering the investigation. I couldn't bear the thought of putting a family member in jail because of their own stupidity.”
Lucy cringed.
Jocelyn highlighted that point. “So your loyalty to your family precluded putting anyone in jail for something they didn't do?”
“Yes, but I wouldn't stop them from being locked up if I felt the evidence was incontrovertible.”
“So, you did believe your sister had seen something that night; as she claims, your husband?”
“Yes. Lucy has her faults, but lying about something like this isn't one of them.”
“No further questions.”
Jocelyn did not want to encourage Sharon to resume questioning by pressing the point too far. Ellie Miller did not deserve that. She wanted to place doubt in the jury's mind about the Defence's claims
Sharon glared at Jocelyn and wasn't pleased, but she felt that the damage couldn't be undone. So she remained satisfied overall, despite wondering how Jocelyn and Ben could possibly be that calm.
Ellie stepped down, feeling only a little of her dignity had been preserved. Now she would have to endure Hardy's anger on the road to their next stop in their current investigation.
Jocelyn did not sit down. “My lady, the Crown wishes to call two rebuttal witnesses to this charge of the Defence, with the intention of challenging the admissibility of the evidence.”
The Defence's wide-eyed reaction was bigger than anyone's, but the whole Courtroom was in shock. Nothing could have prepared anyone for that reveal, certainly not Hardy or Ellie.
The Judge waited for the Bailiff to calm the room before she nodded. “Call your first witness.”
“Thank you, my lady. The Crown re-calls Lucy Stephens.”
Neither of the Defence council should have been surprised, especially Abby, but they were.
Within moments, Lucy - having walked stonily to the box - was sworn in and ready to answer questions.
“Mrs. Stephens, is it true that your sister wrote you a cheque for £1000 on the 1st of September of last year?”
“Yes.”
“Is it also true that she wrote it because you had demanded money before you would admit to something you saw that you believed was part of the investigation into Danny's death?”
Lucy did not meet anyone's eye. “Yes.”
“And she did refuse when you first asked?”
“Yes. Looking back on it I'm shocked her sense of loyalty to family was so strong that she didn't let me face a little time behind bars. I suppose it's a sign that she didn't trust her boss. She made no secret that she hated him.”
“And your response was?”
“I thought he was dishy.”
Hardy silently let his face fall into his palm in embarrassment. He disagreed with her idea of dishy. He wanted to be as far from dishy as you could possibly get without wearing a paper bag. Given some of the recent comments about his appearance he thought he had succeeded.
“But Ellie had said the cleaner at the police station has already made insinuating comments about her being his lap dog and giving him one in his office. I thought she was disgusting, so I left Ellie alone for a while, hoping the lies would calm down a bit.”
“And did they?”
“No,” Lucy finished, ignoring the stunned looks on the faces of the Defence.
The words weren't quite expected, but they might help the case. Jocelyn continued, “Do you realise that you could face criminal charges now that this has come to light; that you withheld vital evidence that could have brought a swift arrest, simply for your own ends?”
“Yes, and if arrested I will plead guilty to them. As I said before, I have a gambling addition. I developed it after my husband stole all my money and beat me and our son.”
“This would be the moment Tom Miller mentioned as when his mother attacked Paul Stephens upon seeing him hitting Oliver?”
Lucy swallowed, closing her eyes against the memories of the day. “Yes. It was the last time he did that.”
“Mrs. Stephens, did your sister mark that cheque with anything pertaining to what it was for?”
“No. I later wrote which debts it was supposed to pay off.”
“Were any of your financial records in the possession of your sister at the time of the Defendant's arrest?”
“No.”
“Did the money come from the Millers' joint account?”
“No, from Ellie's personal account.”
“Then how would the Defence, who would not have reason to seize Ellie Miller's financial details, have got wind of the incident between you and your sister?”
Abby stiffened, enough that Sharon and the Judge noticed.
Lucy's eyes hardened as she finally met Jocelyn's eyes. “I know exactly how, when and why. They found out last night, illegally.”
Shocked whispers burst in places.
“Tell the court what happened.”
“I was out of the house, at a meeting for my addiction. I've been considering checking into a program that would take me away from Broadchurch and computers for a while. I'd left my paperwork out as a reminder of why I needed to do this, and the bills I had to pay on the way to Court this morning. Including a note to myself about that cheque and why I needed to never do that again. I got in late, because I was making progress and needed to continue talking to some of the people there, and I found Miss Thompson standing in my kitchen and going through my stuff.”
Sharon's head whipped to look at her assistant, who paled as the courtroom burst into murmuring again. The Court Clerk called order and silence was restored.
Lucy continued, fixing an angry look on Abby. “This morning, before we reported this, I found my bills missing, so I couldn't pay them, which means I'll now be in even more debt and homeless, unless I can get them back. Along with that note.”
Abby could not meet her boss' eyes, and Sharon was barely able to keep her shock under control.
Ellie, having taken a seat at Tom's side, stared in shock. Tom merely glared at the Defence, and squeezed his mother's hand.
Meanwhile, Hardy stared in dismay, having a sinking suspicion as to what Lucy was going to tell the Court. His already low opinion of the Defence team sank to a new depth, but his opinion of someone else also sank. There was only one person who could have let Abby Thompson into the Stephens home, after all.
“How did she get access to your home?” Jocelyn asked.
“My son, Olly, let her in. She was drinking coffee from one of my cups and she smelled of sex. He's not even eighteen.” Over the gasps of the Courtroom she added, “I know Olly. After what that reporter did to him last year, he swore off girls. The solicitor must have tricked her way in.”
“Mrs. Stephens, are you saying that Miss Thompson tricked your son into having sex so she could see if your home had anything that would help her case?”
If Sharon had been less shocked, she would have objected. But the realization of why her assistant had not said how she found out silenced her and told her that this was about to bite them in the ass. She wanted to hide her face behind a hand, but instead rested her temple on her finger, her elbow on the Bench, carefully to make it look casual.
“I'm convinced that was her intention,” Lucy replied.
“No further questions.” Jocelyn sat down, sharing a grimly satisfied look with Ben. His research had done them well, and the questions he asked when Lucy and Olly came forward had prepared them even better.
Now to see how Sharon would try to bounce back from that. Would she be able to continue practicing law after this?
Jocelyn and Ben both questioned it.
The Jury looked carefully at the Defence. It was impossible to ignore how shocked and disarrayed the two solicitors were, and that there was a clear lack of communication. Not to mention a clear disregard for respect and adherence to the rules of the Bar. Several jurors narrowed their eyes, and the rest shifted awkwardly in their seats.
Sharon carefully stood up to cross-examine the witness. “Mrs. Stephens,” she began in a weary and annoyed tone. “You say you left your sister alone for several weeks. Isn’t it true that she actively chased you to give you the money in exchange for the information you had? Isn’t it true that your son actively harassed my colleague for sex? He took her out; he followed her around; took her to dinner; he even gave her the nickname ‘Wiggy’, to impress her. To me, Mrs. Stephens, that does not sound like a young man who wants to avoid women!”
“Olly was being friendly, showing you both around Broadchurch. Tourists get maps, but you two got lost instead. He was trying to help. We’re a close community. It’s what we do. And Olly gives everyone nicknames,” Lucy replied evenly, seeing no reason to dignify the accusations about her sister with the slightest acknowledgement. “He still calls my sister Auntie, even thought he’s eighteen next month and got a job. He calls DI Hardy PC Grump.”
Hardy looked thunderous, but an odd quirk of his lips at one corner belied his amusement at the moniker as he sat back in his chair to roll his eyes at the ceiling.
Lucy continued, unaware. “He even had a nickname for you, but I told him that particular one was a step too far.”
Sharon glared at her. “And what was it?”
Lucy hesitated for a second and then decided it would probably do the woman some good. After all, she no longer felt she could chide her son for creating it. “Mrs. Perjury Pseudologist.”
The nickname for Hardy - which didn't surprise him - made a few people crack tiny smiles, but all mouths widened to grins at the one for the lead Defence council.
Sharon's mouth fell open, but nothing came out for several seconds. “No further questions,” she breathed as she finally had to sit down.
She couldn't even manage to say thank you, feeling that Mrs. Stephens' evidence ruined what she had been sure was a juicy punch to the Prosecution's case. Now she had a sinking feeling that it was about to be struck from the record and she would have to face a hearing afterward. Should she have decided to insist on hearing where the evidence came from when Abby said it was best for her to not know until after they used it?
Now she knew.
“Thank you, Mrs. Stephens. You are excused,” said the Judge, controlling her tone carefully. No one who looked at her would know she had already written her letter of complaint to the Regulatory Board in her head. She kept her lips tight to help her in the struggle to not laugh at both the nickname and the look on Sharon Bishop and Abby Thompson's faces.
As soon as Lucy stepped out of the box, feeling like she had recovered her dignity and Ellie's dignity before the town, Jocelyn stood again. “My lady, we wish to call our other rebuttal witness.”
“Please do.”
“The Crown calls Oliver Stephens.”
Olly's walk to the box, to the sounds of murmuring, was stiff and he would not meet anyone's gaze. He had the air of something who knew he'd done something bad, but hadn't had a choice in doing so. He also looked ready to cry if triggered, and the sight, combined with the knowledge of how young Olly really was, softened Hardy's anger.
Once sworn in, he turned to face Jocelyn's questions. He couldn't bring himself to look at the Defence, or even passing over them, which meant no eye contact with the jury.
“How do you consider your judgment where women are concerned?”
“Not very good. I'm only seventeen, so I'm not an adult yet, so I've got a lot to learn. And my dad wasn't a very good role model. Neither is my uncle, as it turns out.”
“Have you made mistakes in judgment regarding a woman?”
“I made a big one last year. Caused a lot of upset and probably delayed any resolution to Danny's case.”
“Explain.”
“I was desperate to land a job with a national paper, and had been turned down by yet another one the day Danny died. I... identified Danny on Twitter before the official announcement, causing the Latimers pain and denying them the right to let people know on their own terms. I also caused my aunt trouble because I'd called to ask her if it was Danny and she rightly refused to say one way or the other. Of course I figured that the fact that she wouldn't meant it was Danny, but I could've been wrong. My Twitter post caught the attention of a national reporter who had an agenda against DI Hardy, although I didn't realise it until later. She came to Broadchurch and convinced the Latimers to tell her their story, not warning them first that it would attract attention focused more on them and less on Danny. She also got me to write two articles for her, one of them rewritten by her boss to become more sensational. That article ultimately led to an innocent man's suicide because of the national press attention and the pressure from the community. But the night before we learned of the rewrite... my crush on her led me to kiss her. And she moved things right on to sex. Once the truth about Jack Marshall's innocence came out I drifted away from her because I knew I didn't want to endure that kind of environment or be the person who made things harder for the family and the police.”
“Was part of that redeeming yourself managing to convince DI Hardy to give an interview? An interview printed on the 1st of September?”
“Yes. He had avoided the press the whole time, and looking back on it I can't say I blame him. I think the only reason he agreed was because my boss, Maggie Radcliff, had managed to earn some respect from him for her conduct during the case. After listening to his side of the story, I decided that Karen White, the reporter, had missed out on the real story. Anyone who paid attention to him would've realised he was in no shape to bully anyone.”
“Would you be referring to his being medically discharged immediately following the Defendent's arrest?”
“Yes. It was obvious to us that his previous case ruined his health, and that he was nonetheless determined to find out the truth about who killed Danny. And given how ill he looked the idea that he could bully anyone is laughable. And if anyone studied how he was looked on by the town and the station, it's silly to say that he could get anyone to turn on their own without solid evidence.”
“So you're saying that the police had better suspects to blame Danny's death on than Joe Miller?”
“More than one, so I suspect the evidence speaks for itself.”
Hardy noticed how Olly was barely in control of himself, shame radiating from his whole body. It took away his remaining anger at the lad, making him wonder how much Karen and Abby had hurt him.
“Now tell us about the events of yesterday. How did you come to meet Miss Thompson?”
“I was walking around, looking for potential stories and noticed her walking along the beach, looking lost. I thought I had become savvy and could maybe get a little story out of speaking with her. She dodged my questions, but I wasn't eager to give up. Just when I thought about doing so, she asked for my recommendation for a good place for fish n' chips. I walked with her to the place, and spoke with her the whole time. And by the way, I did not pay for her meal. I have the receipt to prove it.”
Sharon flinched.
Jocelyn pursed her lips to suppress her pleasure at the Defence's dismay. “What did you talk about?”
“It kept being about inconsequential things, like the town and the weather and what it's like to live here. I was cautious in my answers to her questions, not sure what she might repeat to her boss. When we left, I was commenting on the Trader's having nice rooms, and then she turned suddenly to face me-”
He paused, face flushing instantly.
Jocelyn pressed gently, “And what did she say?”
“She said she hadn't had sex in ages and she felt she deserved it, and her boss couldn't find out. She asked me to find somewhere private, pleading with me like she wanted me, and I... led her to my mum's house. I had no idea Mum had left her paperwork out.”
The Courtroom murmured, this time most were glaring at Olly. But it was Sharon and Abby's reactions that were priceless. No one, including the Jury, missed that both were horror-stricken, and the latter looked very guilty while the former was bearing down on her.
“Did you mention before you... did anything... that it was your mother's place?”
“Yes, on the way over. I said it was all I could offer on short notice, and she seemed fine with that, like she really was impatient for sex. She kept insisting that she would make sure no one found out, but looking back on it I know she was thinking only that it would help my uncle's case. After we... started, she exhausted me into sleep. I woke to my mum shouting, and when she dragged me downstairs Miss Thompson was gone. And the following morning, this morning, it was obvious to both of us that she had been looking at Mum's financial papers. Several bills were missing.”
“How did you feel when you found out?”
“I felt like I'd been taken for a fool. Like I'd let a burglar into the house. I didn't want sex with her. And I don't want to even look at her now.”
“So given that no mention of this payment was made in the Defence's questioning of your mother and aunt during their respective first times in the witness box, Abby Thompson would never and could never have found out the exact circumstances of the payment if she hadn't asked you for sex?”
“No.”
Jocelyn turned to the Judge, ignoring the murmuring in the Courtroom. “My lady, with the evidence given by the two rebuttal witnesses, the Prosecution moves for any mention of the cheque to be struck from record because it was obtained illicitly and against PACE.”
PACE referred to the Police and Criminal Evidence Act. It was the guide to Courtroom conduct, and now Jocelyn felt confident that she had Sharon and Abby in a professional corner. Whether it would help the case was uncertain, but it should shut down any further underhanded tricks.
Sharon staggered to her feet. If they hadn't been challenged then she would have been proud of her colleague's quick thinking. But they had been found out, and she was very aware that this could now cost her her and Abby's careers. “My lady, a crime was committed. Surely the Court recognises the need for evidence in all its forms to correctly place-”
“The same could be said for theft,” the Judge replied flatly. “In this instance, the public have a right to hear what I have to say. Please remain seated.”
Sharon and Abby's mouths dropped, but the former did as the Judge ordered.
“The Court is not above the law. The evidence presented does not prove that a crime was committed when Ellie Miller wrote that cheque. The circumstances clearly make it an error of judgment on both parties, but nothing more can be proved. Under section 78 of PACE, evidence cannot be presented in Court if it was discovered or procured through illegal means. Unlike the Defence's claim against the Prosecution earlier in the trial, this is incontrovertibly tainted by the actions of the discoverer. There is nothing remotely legal about the methods used.”
The Courtroom was in stunned silence.
“I agree with Miss Knight,” the Judge continued, cutting into the impending explosion from Sharon. “It is clear from watching your reactions that Miss Thompson failed to inform you, Miss Bishop, of how she obtained this evidence. It makes her own guilt seem stronger. Indeed, this evidence has nothing redeemable about it. All mention of Ellie Miller's payment to her sister shall be struck from the record. No further mention of it may be made. The Jurors will disregard it from their considerations.”
Ellie nearly fainted in her chair. Only Tom's hand gripping hers tightly held her in place. Hardy, although still furious, breathed a little easier. But no one looked more relieved than the Latimers and Lucy.
The Judge was not done. “In addition, in light of the continued evidence of Defence misconduct I must now also strike all mention of Tom Miller's evidence against Mark Latimer from Court record, along with any responses Mark Latimer was forced to make on the subject when he stood in the witness box. The Jury will also disregard those from their considerations.”
Sharon opened her mouth to speak, but the Judge did not let her get in a word.
“The Jury will be excused for the day. Tomorrow we will resume, but the solicitors will not leave until Miss Thompson has accounted to me for her actions and all evidence is presented to me in full. If I deem her actions egregious enough I will have no choice but to call a mistrial and advise CPS to select new counsel for the Defendant.”
The Latimers were the most vocal in their gasps of horror. They could not fathom dealing with this all over again.
“The Law calls for Defendants to have a fair trial, and the Defence's own actions call this into question and forces me to consider calling a mistrial,” Judge Sharma cut in, the voice of reason seeking to calm the alarmed townspeople. And the quiet that followed said that her point was heard. “But even if I do not, I fully expect the Crown Regulatory Service to call both of the Defence counsel before them to account for their actions here. In either event, I may be submitting evidence to the Advisory. The solicitors have five minutes to prepare. Court is adjourned for the day.”
Only Maggie and Hardy knew that the Judge was really saying that both Sharon Bishop and Abby Thompson were likely to be suspended, and the latter was more likely to be struck from the roll.
/=/=/=/=/
An hour later, outside in the smoking area, Abby meekly followed Sharon, trying to find any words that could defend herself. “I saw an opportunity and-”
“You bloody idiot!” snapped Sharon, pulling her cigarette out of her mouth before speaking. “Jocelyn Knight has trained her assistant to do good research. I found out he learned of the police cell visit not long after we did, mostly because he asked what you had been looking into. Because of him Jocelyn's been able to derail most of our case. And I don't think that the Stephens family would've come forward if your influencing Tom Miller hadn't come out!”
“It wasn't influencing! The boy was confused!”
“It doesn't matter what you believe. It only matters what can be shown in Court. Now, if the Stephenses hadn't come forward I might've cheered you for what you did. But come forward they did, and do you know what that means? You and I will likely be facing hearings when this trial is over. I'll have to fight to keep my career, but you... Be prepared to never be able to see the inside of a Courtroom from this side ever again.”
She put out her cigarette with force, needing a new one. “Now get back inside and return those bloody papers to Mrs. Stephens before the Judge decides to toss you out for Contempt of Court. You're supposed to be collecting them anyway.”
Abby was motionless, her cigarette hanging from her fingers until she recovered enough to put it out and hurry inside. Even though she barely got anything from it.
Sharon's days would've burned holes in Abby's form if they could've. Instead she stayed outside, smoked two more cigarettes, and fumed over the snub Lucy Stephens had given her accusations against Ellie Miller. She shouldn't have let her get away with it, but the knowledge of a nickname had got to her. When she couldn't stand smoking a moment longer she went into the Defence's private office and, with Abby not present, kicked the waste paper basket.
Lucy Stephens was able to hold her head even higher later that day when she paid all of the bills. She even had a letter from Judge Sharma in case any of her creditors said she was late.
Abby Thompson should've counted herself lucky that Lucy did not need to present the letter.
Chapter Four
Genre: Broadchurch
Rating: T (subject matter, emotions, legal matters)
Author: tkel_paris
Summary: A chance thought of her assistant makes Jocelyn Knight ask Tom Miller additional questions to check his evidence. His answers lead to others bringing forward evidence that would otherwise have remained hidden until the Defence uncovered them. Will it be enough to reverse the damage done by Sharon Bishop and Abby Thompson?
Disclaimer: If I owned any of the characters, some of them wouldn't have gotten away with what they did. Of course, I'm not yet up to the story-telling abilities of Chris Chibnall. I would like to be, one day.
Dedication: tardis_mole, for betaing and being the reason I'm writing Broadchurch fanfic to begin with. Posted in honor of bas_math_girl's birthday.
Author's Note: Starts in Episode Six after Jocelyn speaks with the Latimers following Tom giving evidence against Mark. Written because I simply needed to right a few blatantly illegal things done. I may be an American, but I think we can all agree when something doesn't seem right.
And may I say that this chapter was very satisfying to write, even before the polishing suggestions of TM. *evil grin*
Chapter One / Chapter Two
Rejuvenation
Start Date: July 11, 2015
Finish Date: September 4, 2015
Chapter Three: Airing Dirty Laundry Backfires
Ben was driving Jocelyn to Court. They were discussing what the Defence was likely to do next when Jocelyn's phone rang. They both quieted as she picked up.
“Jocelyn Knight.”
“I'm sorry for this, but there's something you need to know about.”
She started. “Mrs. Stephens?”
“Yeah, it is,” the speaker confirmed. “Something I'm not proud of doing anymore has come to the Defence's attention. And you need to know what and how.”
Jocelyn rubbed her eyes.
/=/=/=/=/
As soon as Sharon sat down in triumph over revealing the payment from Ellie Miller to Lucy Stephens, Jocelyn stood slowly. “DC Miller, how exactly did this monetary exchange come about?”
It took a moment for Ellie to be able to speak.
“My sister came to me on the night of the 19th of July, claiming she saw something but refusing to speak unless I helped her out with the amount in question. At the time I told her to go to hell.”
“So what made you change your mind?”
Sharon and Abby both frowned. The Prosecution seemed too calm given the evidence presented.
Ellie exhaled loudly, not looking in the direction of her former boss whose angry gaze she could feel from across the room. Augers came to mind. “By the time I paid her the money, on the 1st of September, we were losing hope of solving the murder, and I worried that her stubbornness would kill the case. She had... pressed me for money before, to get her and her son out of a fix her gambling addition had produced. I decided I couldn't live with myself if I allowed that potential evidence to never be found.”
“Why didn't you instead report to your boss that your sister asked for money in exchange for giving her evidence?”
Hardy eyed Ellie, keeping still to keep from giving away his reaction.
Ellie shifted uncomfortably. “I... didn't feel I could trust him with something like that. I knew he'd give her the choice of giving the evidence or being locked up for hindering the investigation. I couldn't bear the thought of putting a family member in jail because of their own stupidity.”
Lucy cringed.
Jocelyn highlighted that point. “So your loyalty to your family precluded putting anyone in jail for something they didn't do?”
“Yes, but I wouldn't stop them from being locked up if I felt the evidence was incontrovertible.”
“So, you did believe your sister had seen something that night; as she claims, your husband?”
“Yes. Lucy has her faults, but lying about something like this isn't one of them.”
“No further questions.”
Jocelyn did not want to encourage Sharon to resume questioning by pressing the point too far. Ellie Miller did not deserve that. She wanted to place doubt in the jury's mind about the Defence's claims
Sharon glared at Jocelyn and wasn't pleased, but she felt that the damage couldn't be undone. So she remained satisfied overall, despite wondering how Jocelyn and Ben could possibly be that calm.
Ellie stepped down, feeling only a little of her dignity had been preserved. Now she would have to endure Hardy's anger on the road to their next stop in their current investigation.
Jocelyn did not sit down. “My lady, the Crown wishes to call two rebuttal witnesses to this charge of the Defence, with the intention of challenging the admissibility of the evidence.”
The Defence's wide-eyed reaction was bigger than anyone's, but the whole Courtroom was in shock. Nothing could have prepared anyone for that reveal, certainly not Hardy or Ellie.
The Judge waited for the Bailiff to calm the room before she nodded. “Call your first witness.”
“Thank you, my lady. The Crown re-calls Lucy Stephens.”
Neither of the Defence council should have been surprised, especially Abby, but they were.
Within moments, Lucy - having walked stonily to the box - was sworn in and ready to answer questions.
“Mrs. Stephens, is it true that your sister wrote you a cheque for £1000 on the 1st of September of last year?”
“Yes.”
“Is it also true that she wrote it because you had demanded money before you would admit to something you saw that you believed was part of the investigation into Danny's death?”
Lucy did not meet anyone's eye. “Yes.”
“And she did refuse when you first asked?”
“Yes. Looking back on it I'm shocked her sense of loyalty to family was so strong that she didn't let me face a little time behind bars. I suppose it's a sign that she didn't trust her boss. She made no secret that she hated him.”
“And your response was?”
“I thought he was dishy.”
Hardy silently let his face fall into his palm in embarrassment. He disagreed with her idea of dishy. He wanted to be as far from dishy as you could possibly get without wearing a paper bag. Given some of the recent comments about his appearance he thought he had succeeded.
“But Ellie had said the cleaner at the police station has already made insinuating comments about her being his lap dog and giving him one in his office. I thought she was disgusting, so I left Ellie alone for a while, hoping the lies would calm down a bit.”
“And did they?”
“No,” Lucy finished, ignoring the stunned looks on the faces of the Defence.
The words weren't quite expected, but they might help the case. Jocelyn continued, “Do you realise that you could face criminal charges now that this has come to light; that you withheld vital evidence that could have brought a swift arrest, simply for your own ends?”
“Yes, and if arrested I will plead guilty to them. As I said before, I have a gambling addition. I developed it after my husband stole all my money and beat me and our son.”
“This would be the moment Tom Miller mentioned as when his mother attacked Paul Stephens upon seeing him hitting Oliver?”
Lucy swallowed, closing her eyes against the memories of the day. “Yes. It was the last time he did that.”
“Mrs. Stephens, did your sister mark that cheque with anything pertaining to what it was for?”
“No. I later wrote which debts it was supposed to pay off.”
“Were any of your financial records in the possession of your sister at the time of the Defendant's arrest?”
“No.”
“Did the money come from the Millers' joint account?”
“No, from Ellie's personal account.”
“Then how would the Defence, who would not have reason to seize Ellie Miller's financial details, have got wind of the incident between you and your sister?”
Abby stiffened, enough that Sharon and the Judge noticed.
Lucy's eyes hardened as she finally met Jocelyn's eyes. “I know exactly how, when and why. They found out last night, illegally.”
Shocked whispers burst in places.
“Tell the court what happened.”
“I was out of the house, at a meeting for my addiction. I've been considering checking into a program that would take me away from Broadchurch and computers for a while. I'd left my paperwork out as a reminder of why I needed to do this, and the bills I had to pay on the way to Court this morning. Including a note to myself about that cheque and why I needed to never do that again. I got in late, because I was making progress and needed to continue talking to some of the people there, and I found Miss Thompson standing in my kitchen and going through my stuff.”
Sharon's head whipped to look at her assistant, who paled as the courtroom burst into murmuring again. The Court Clerk called order and silence was restored.
Lucy continued, fixing an angry look on Abby. “This morning, before we reported this, I found my bills missing, so I couldn't pay them, which means I'll now be in even more debt and homeless, unless I can get them back. Along with that note.”
Abby could not meet her boss' eyes, and Sharon was barely able to keep her shock under control.
Ellie, having taken a seat at Tom's side, stared in shock. Tom merely glared at the Defence, and squeezed his mother's hand.
Meanwhile, Hardy stared in dismay, having a sinking suspicion as to what Lucy was going to tell the Court. His already low opinion of the Defence team sank to a new depth, but his opinion of someone else also sank. There was only one person who could have let Abby Thompson into the Stephens home, after all.
“How did she get access to your home?” Jocelyn asked.
“My son, Olly, let her in. She was drinking coffee from one of my cups and she smelled of sex. He's not even eighteen.” Over the gasps of the Courtroom she added, “I know Olly. After what that reporter did to him last year, he swore off girls. The solicitor must have tricked her way in.”
“Mrs. Stephens, are you saying that Miss Thompson tricked your son into having sex so she could see if your home had anything that would help her case?”
If Sharon had been less shocked, she would have objected. But the realization of why her assistant had not said how she found out silenced her and told her that this was about to bite them in the ass. She wanted to hide her face behind a hand, but instead rested her temple on her finger, her elbow on the Bench, carefully to make it look casual.
“I'm convinced that was her intention,” Lucy replied.
“No further questions.” Jocelyn sat down, sharing a grimly satisfied look with Ben. His research had done them well, and the questions he asked when Lucy and Olly came forward had prepared them even better.
Now to see how Sharon would try to bounce back from that. Would she be able to continue practicing law after this?
Jocelyn and Ben both questioned it.
The Jury looked carefully at the Defence. It was impossible to ignore how shocked and disarrayed the two solicitors were, and that there was a clear lack of communication. Not to mention a clear disregard for respect and adherence to the rules of the Bar. Several jurors narrowed their eyes, and the rest shifted awkwardly in their seats.
Sharon carefully stood up to cross-examine the witness. “Mrs. Stephens,” she began in a weary and annoyed tone. “You say you left your sister alone for several weeks. Isn’t it true that she actively chased you to give you the money in exchange for the information you had? Isn’t it true that your son actively harassed my colleague for sex? He took her out; he followed her around; took her to dinner; he even gave her the nickname ‘Wiggy’, to impress her. To me, Mrs. Stephens, that does not sound like a young man who wants to avoid women!”
“Olly was being friendly, showing you both around Broadchurch. Tourists get maps, but you two got lost instead. He was trying to help. We’re a close community. It’s what we do. And Olly gives everyone nicknames,” Lucy replied evenly, seeing no reason to dignify the accusations about her sister with the slightest acknowledgement. “He still calls my sister Auntie, even thought he’s eighteen next month and got a job. He calls DI Hardy PC Grump.”
Hardy looked thunderous, but an odd quirk of his lips at one corner belied his amusement at the moniker as he sat back in his chair to roll his eyes at the ceiling.
Lucy continued, unaware. “He even had a nickname for you, but I told him that particular one was a step too far.”
Sharon glared at her. “And what was it?”
Lucy hesitated for a second and then decided it would probably do the woman some good. After all, she no longer felt she could chide her son for creating it. “Mrs. Perjury Pseudologist.”
The nickname for Hardy - which didn't surprise him - made a few people crack tiny smiles, but all mouths widened to grins at the one for the lead Defence council.
Sharon's mouth fell open, but nothing came out for several seconds. “No further questions,” she breathed as she finally had to sit down.
She couldn't even manage to say thank you, feeling that Mrs. Stephens' evidence ruined what she had been sure was a juicy punch to the Prosecution's case. Now she had a sinking feeling that it was about to be struck from the record and she would have to face a hearing afterward. Should she have decided to insist on hearing where the evidence came from when Abby said it was best for her to not know until after they used it?
Now she knew.
“Thank you, Mrs. Stephens. You are excused,” said the Judge, controlling her tone carefully. No one who looked at her would know she had already written her letter of complaint to the Regulatory Board in her head. She kept her lips tight to help her in the struggle to not laugh at both the nickname and the look on Sharon Bishop and Abby Thompson's faces.
As soon as Lucy stepped out of the box, feeling like she had recovered her dignity and Ellie's dignity before the town, Jocelyn stood again. “My lady, we wish to call our other rebuttal witness.”
“Please do.”
“The Crown calls Oliver Stephens.”
Olly's walk to the box, to the sounds of murmuring, was stiff and he would not meet anyone's gaze. He had the air of something who knew he'd done something bad, but hadn't had a choice in doing so. He also looked ready to cry if triggered, and the sight, combined with the knowledge of how young Olly really was, softened Hardy's anger.
Once sworn in, he turned to face Jocelyn's questions. He couldn't bring himself to look at the Defence, or even passing over them, which meant no eye contact with the jury.
“How do you consider your judgment where women are concerned?”
“Not very good. I'm only seventeen, so I'm not an adult yet, so I've got a lot to learn. And my dad wasn't a very good role model. Neither is my uncle, as it turns out.”
“Have you made mistakes in judgment regarding a woman?”
“I made a big one last year. Caused a lot of upset and probably delayed any resolution to Danny's case.”
“Explain.”
“I was desperate to land a job with a national paper, and had been turned down by yet another one the day Danny died. I... identified Danny on Twitter before the official announcement, causing the Latimers pain and denying them the right to let people know on their own terms. I also caused my aunt trouble because I'd called to ask her if it was Danny and she rightly refused to say one way or the other. Of course I figured that the fact that she wouldn't meant it was Danny, but I could've been wrong. My Twitter post caught the attention of a national reporter who had an agenda against DI Hardy, although I didn't realise it until later. She came to Broadchurch and convinced the Latimers to tell her their story, not warning them first that it would attract attention focused more on them and less on Danny. She also got me to write two articles for her, one of them rewritten by her boss to become more sensational. That article ultimately led to an innocent man's suicide because of the national press attention and the pressure from the community. But the night before we learned of the rewrite... my crush on her led me to kiss her. And she moved things right on to sex. Once the truth about Jack Marshall's innocence came out I drifted away from her because I knew I didn't want to endure that kind of environment or be the person who made things harder for the family and the police.”
“Was part of that redeeming yourself managing to convince DI Hardy to give an interview? An interview printed on the 1st of September?”
“Yes. He had avoided the press the whole time, and looking back on it I can't say I blame him. I think the only reason he agreed was because my boss, Maggie Radcliff, had managed to earn some respect from him for her conduct during the case. After listening to his side of the story, I decided that Karen White, the reporter, had missed out on the real story. Anyone who paid attention to him would've realised he was in no shape to bully anyone.”
“Would you be referring to his being medically discharged immediately following the Defendent's arrest?”
“Yes. It was obvious to us that his previous case ruined his health, and that he was nonetheless determined to find out the truth about who killed Danny. And given how ill he looked the idea that he could bully anyone is laughable. And if anyone studied how he was looked on by the town and the station, it's silly to say that he could get anyone to turn on their own without solid evidence.”
“So you're saying that the police had better suspects to blame Danny's death on than Joe Miller?”
“More than one, so I suspect the evidence speaks for itself.”
Hardy noticed how Olly was barely in control of himself, shame radiating from his whole body. It took away his remaining anger at the lad, making him wonder how much Karen and Abby had hurt him.
“Now tell us about the events of yesterday. How did you come to meet Miss Thompson?”
“I was walking around, looking for potential stories and noticed her walking along the beach, looking lost. I thought I had become savvy and could maybe get a little story out of speaking with her. She dodged my questions, but I wasn't eager to give up. Just when I thought about doing so, she asked for my recommendation for a good place for fish n' chips. I walked with her to the place, and spoke with her the whole time. And by the way, I did not pay for her meal. I have the receipt to prove it.”
Sharon flinched.
Jocelyn pursed her lips to suppress her pleasure at the Defence's dismay. “What did you talk about?”
“It kept being about inconsequential things, like the town and the weather and what it's like to live here. I was cautious in my answers to her questions, not sure what she might repeat to her boss. When we left, I was commenting on the Trader's having nice rooms, and then she turned suddenly to face me-”
He paused, face flushing instantly.
Jocelyn pressed gently, “And what did she say?”
“She said she hadn't had sex in ages and she felt she deserved it, and her boss couldn't find out. She asked me to find somewhere private, pleading with me like she wanted me, and I... led her to my mum's house. I had no idea Mum had left her paperwork out.”
The Courtroom murmured, this time most were glaring at Olly. But it was Sharon and Abby's reactions that were priceless. No one, including the Jury, missed that both were horror-stricken, and the latter looked very guilty while the former was bearing down on her.
“Did you mention before you... did anything... that it was your mother's place?”
“Yes, on the way over. I said it was all I could offer on short notice, and she seemed fine with that, like she really was impatient for sex. She kept insisting that she would make sure no one found out, but looking back on it I know she was thinking only that it would help my uncle's case. After we... started, she exhausted me into sleep. I woke to my mum shouting, and when she dragged me downstairs Miss Thompson was gone. And the following morning, this morning, it was obvious to both of us that she had been looking at Mum's financial papers. Several bills were missing.”
“How did you feel when you found out?”
“I felt like I'd been taken for a fool. Like I'd let a burglar into the house. I didn't want sex with her. And I don't want to even look at her now.”
“So given that no mention of this payment was made in the Defence's questioning of your mother and aunt during their respective first times in the witness box, Abby Thompson would never and could never have found out the exact circumstances of the payment if she hadn't asked you for sex?”
“No.”
Jocelyn turned to the Judge, ignoring the murmuring in the Courtroom. “My lady, with the evidence given by the two rebuttal witnesses, the Prosecution moves for any mention of the cheque to be struck from record because it was obtained illicitly and against PACE.”
PACE referred to the Police and Criminal Evidence Act. It was the guide to Courtroom conduct, and now Jocelyn felt confident that she had Sharon and Abby in a professional corner. Whether it would help the case was uncertain, but it should shut down any further underhanded tricks.
Sharon staggered to her feet. If they hadn't been challenged then she would have been proud of her colleague's quick thinking. But they had been found out, and she was very aware that this could now cost her her and Abby's careers. “My lady, a crime was committed. Surely the Court recognises the need for evidence in all its forms to correctly place-”
“The same could be said for theft,” the Judge replied flatly. “In this instance, the public have a right to hear what I have to say. Please remain seated.”
Sharon and Abby's mouths dropped, but the former did as the Judge ordered.
“The Court is not above the law. The evidence presented does not prove that a crime was committed when Ellie Miller wrote that cheque. The circumstances clearly make it an error of judgment on both parties, but nothing more can be proved. Under section 78 of PACE, evidence cannot be presented in Court if it was discovered or procured through illegal means. Unlike the Defence's claim against the Prosecution earlier in the trial, this is incontrovertibly tainted by the actions of the discoverer. There is nothing remotely legal about the methods used.”
The Courtroom was in stunned silence.
“I agree with Miss Knight,” the Judge continued, cutting into the impending explosion from Sharon. “It is clear from watching your reactions that Miss Thompson failed to inform you, Miss Bishop, of how she obtained this evidence. It makes her own guilt seem stronger. Indeed, this evidence has nothing redeemable about it. All mention of Ellie Miller's payment to her sister shall be struck from the record. No further mention of it may be made. The Jurors will disregard it from their considerations.”
Ellie nearly fainted in her chair. Only Tom's hand gripping hers tightly held her in place. Hardy, although still furious, breathed a little easier. But no one looked more relieved than the Latimers and Lucy.
The Judge was not done. “In addition, in light of the continued evidence of Defence misconduct I must now also strike all mention of Tom Miller's evidence against Mark Latimer from Court record, along with any responses Mark Latimer was forced to make on the subject when he stood in the witness box. The Jury will also disregard those from their considerations.”
Sharon opened her mouth to speak, but the Judge did not let her get in a word.
“The Jury will be excused for the day. Tomorrow we will resume, but the solicitors will not leave until Miss Thompson has accounted to me for her actions and all evidence is presented to me in full. If I deem her actions egregious enough I will have no choice but to call a mistrial and advise CPS to select new counsel for the Defendant.”
The Latimers were the most vocal in their gasps of horror. They could not fathom dealing with this all over again.
“The Law calls for Defendants to have a fair trial, and the Defence's own actions call this into question and forces me to consider calling a mistrial,” Judge Sharma cut in, the voice of reason seeking to calm the alarmed townspeople. And the quiet that followed said that her point was heard. “But even if I do not, I fully expect the Crown Regulatory Service to call both of the Defence counsel before them to account for their actions here. In either event, I may be submitting evidence to the Advisory. The solicitors have five minutes to prepare. Court is adjourned for the day.”
Only Maggie and Hardy knew that the Judge was really saying that both Sharon Bishop and Abby Thompson were likely to be suspended, and the latter was more likely to be struck from the roll.
/=/=/=/=/
An hour later, outside in the smoking area, Abby meekly followed Sharon, trying to find any words that could defend herself. “I saw an opportunity and-”
“You bloody idiot!” snapped Sharon, pulling her cigarette out of her mouth before speaking. “Jocelyn Knight has trained her assistant to do good research. I found out he learned of the police cell visit not long after we did, mostly because he asked what you had been looking into. Because of him Jocelyn's been able to derail most of our case. And I don't think that the Stephens family would've come forward if your influencing Tom Miller hadn't come out!”
“It wasn't influencing! The boy was confused!”
“It doesn't matter what you believe. It only matters what can be shown in Court. Now, if the Stephenses hadn't come forward I might've cheered you for what you did. But come forward they did, and do you know what that means? You and I will likely be facing hearings when this trial is over. I'll have to fight to keep my career, but you... Be prepared to never be able to see the inside of a Courtroom from this side ever again.”
She put out her cigarette with force, needing a new one. “Now get back inside and return those bloody papers to Mrs. Stephens before the Judge decides to toss you out for Contempt of Court. You're supposed to be collecting them anyway.”
Abby was motionless, her cigarette hanging from her fingers until she recovered enough to put it out and hurry inside. Even though she barely got anything from it.
Sharon's days would've burned holes in Abby's form if they could've. Instead she stayed outside, smoked two more cigarettes, and fumed over the snub Lucy Stephens had given her accusations against Ellie Miller. She shouldn't have let her get away with it, but the knowledge of a nickname had got to her. When she couldn't stand smoking a moment longer she went into the Defence's private office and, with Abby not present, kicked the waste paper basket.
Lucy Stephens was able to hold her head even higher later that day when she paid all of the bills. She even had a letter from Judge Sharma in case any of her creditors said she was late.
Abby Thompson should've counted herself lucky that Lucy did not need to present the letter.
Chapter Four