The Betrayal (11 page)

After warmly shaking his father’s hand and greeting the rest of the Munro family, Roger turned to him.

“I’m not going to bullshit you, Declan. We’re in a bit of a tight spot here. We’ve elected to have a committal hearing rather than a paper committal. It means we’ll at least get to hear the evidence they have against you and test the balls of your friend. He must know that
you
know he’s lying. Let’s see how he holds up under pressure.”

Declan’s mother stepped forward, wringing her hands. Marguerite Munro looked a decade older. Declan was overcome with guilt, knowing he was the cause of her concern.

“Is it possible the magistrate might throw the matter out today?” she asked.

Roger turned to face her. “It’s always possible, Mrs Munro. That’s what I’m here for. The committal hearing gives us a chance to test the Crown’s evidence. They have the burden of proof in these matters and it’s set high—beyond reasonable doubt. It’s one of the tenets of our criminal justice system.”

He took her hands and gave them a reassuring squeeze. “If their evidence doesn’t stack up, we’re entitled to make an application for dismissal. I’ll be doing that anyway, regardless. We have nothing to lose.”

“And if they satisfy the burden of proof?” The quiet words from former Judge Munro fell into the tense silence.

Roger nodded gravely. “You know as well as I do what will happen after that.”

No one spoke. No one dared. Most of the people in the room had grown up around law enforcement. They knew what would happen if the Crown proved its case beyond reasonable doubt: Declan would be committed to stand trial.

It would be a savage blow. Although that was still some way from being found guilty, it still meant that a magistrate—a representative of the court—believed the prosecution had enough evidence to solicit a guilty verdict.

“Please, let’s not dwell on this,” said Roger. “Right now, we have to think positive. We all know Charlie Stanford’s lying. Declan’s told me it’s possible he even accessed the laptop. Let’s see if we can shake the truth out of him. I say, bring it on.”

CHAPTER 10

Declan should have realized the first person to give evidence against him would be Senior Investigator Chloe Sabattini. She was, after all, the officer in charge of the investigation. But it still felt like he’d taken a hard right hook to his gut when she took the stand, averted her gaze from him and swore to tell the truth.

She looked as cool and professional as she always did, dressed in a subdued but nicely fitting charcoal-gray suit and a pale pink blouse. He zeroed in on her shapely legs, visible beneath her knee-length skirt, and did his best not to be impressed. This woman was the reason he was there. She had no right to look so good.

He brought the uncharitable thoughts to a halt. Chloe Sabattini wasn’t the reason he was there. She was only doing her job and he could tell from the way her hand kept moving to push back a wayward strand of hair that had escaped the tight bun at her neck, she wasn’t as calm and collected as she appeared.

Maybe she had doubts about his guilt? Perhaps she’d garnered something in his explanation about Meg that had made her think he was telling the truth after all?

Declan bit down hard on the surge of hope. She was here, wasn’t she, giving evidence for the prosecution? If that wasn’t enough proof she thought him guilty as sin, she hadn’t once looked his way. That told him all he needed to know.

He turned slightly from where he sat in the dock and caught sight of his family seated behind him. They filled the first three rows of the public gallery and another surge of gratefulness for their presence flooded through him.

Clayton gave him a somber thumbs-up and Declan acknowledged it with a slight movement of his head before turning back to face the witness box.

With quiet efficiency, Chloe went through her evidence. She recounted how Detective Superintendent Gary Julian had contacted IA. How she had combed through computer records, which clearly showed the defendant, Declan Munro, or someone using his username, password and computer, had accessed child pornography unrelated to any investigation with which he was involved.

Neil Abbey, the young, newly appointed DPP lawyer with a reputation for being a hard-nosed player, questioned her about her interview with the defendant.

Chloe’s gaze collided with Declan’s. Her eyes widened. He could tell she was as surprised as he was that she’d glanced in his direction. His heart thumped. The courtroom receded. For a few seconds it seemed there was nothing but the two of them, staring at each other.

And then she looked away.

Declan felt the absence of her gaze like the sun receding on a frosty morning. He took stock of what happened then cursed under his breath, knowing that being interested in the officer investigating his case was one of the stupidest things he could think of.

But he couldn’t help it. There was something about the cool sophistication of the IA officer and her staunch belief in the justice system that he too believed in… Her dedication to her job was another thing he grudgingly respected. They may have been on opposing sides, but that didn’t mean he didn’t admire the way she went after the things she believed in.

The thoughts lingered in his mind, her effect upon him powerful enough to push away, even for a miniscule segment of time, the threat she presented when she entered his life.

“During the course of the defendant’s record of interview, did you ask him about his username and password?” Neil Abbey asked, his tone deceptively conversational.

“Yes,” Chloe replied, her gaze now firmly trained back on the prosecutor.

“And did the defendant answer you in relation to those questions?”

“Yes, he told me he’d never supplied his username or password to another person.”

“Not another living soul?”

“That’s what he told me.”

The prosecutor picked up a sheaf of papers that lay on the bar table. “Is this the defendant’s record of interview?” He indicated the papers in his hand, passing them to the clerk of the court who handed them to Chloe. After taking a few moments to check them over, she nodded.

“Yes. This is both the first and second record of interview.”

Abbey addressed the magistrate. “Your Honor, I’d like to tender a copy of this record of interview. I have already supplied my learned friend with a copy.”

“Is that correct, Mr White?” the magistrate asked, peering over the top of his reading glasses.

Roger stood. “Yes, Your Honor. We have no objection to the tendering of the record of interview.”

“Very well. I will mark it Exhibit A.” The judge looked toward the prosecutor. “Will there be anything else?”

“Nothing further, Your Honor.”

Then it was Declan’s turn, or more accurately, his barrister’s. Roger went in confidently, but both of them knew there was little he could do with Chloe’s testimony. The computer records spoke for themselves. Everything hinged on whether anyone else could have obtained access to Declan’s login details. Chloe was not in a position to know that information. But what she could do was vouch for his character.

“Tell me, Senior Investigator Sabattini, you interviewed my client on two separate occasions. Is that correct?”

“Yes, that’s correct,” she replied, her gaze on the defense lawyer.

“And during that time, did you come to any conclusions about his integrity?”

Chloe frowned. “I…um, I’m not sure what you mean.”

“What I mean is, did you form any opinion as to whether my client, Agent Munro, was telling the truth?”

Declan sat forward, his heart pounding. It seemed that at least half of the occupants of the courtroom were holding their breath along with him.

Color crept up Chloe’s cheeks.

“Answer the question, Investigator,” the magistrate prompted quietly.

“Yes. I-I did.”

“Yes, you formed an opinion about my client’s sincerity? Is that what you’re saying?”

Chloe cleared her throat and sat up straighter in her seat. “Yes, Mr White. I formed an opinion.”

“And what was that opinion, Investigator?”

The blood pounded so loudly in Declan’s ears, he was afraid he wouldn’t hear her answer. He strained against the noise.

And then she looked at him again. Another fleeting moment and her gaze was gone.

“In my opinion, Agent Munro was telling the truth.”

A murmur ran through the courtroom. The prosecutor sent Chloe a glare that looked like he wished it had the power to turn her to stone. Declan held his breath.

“And yet, Investigator,” Roger continued, “here we are.”

Chloe bowed her head. A moment later, she looked back at Declan’s lawyer. “There was a lot of circumstantial evidence that Agent Munro was unable to explain away. I thought under the circumstances, the proper place to decide his guilt or innocence was in a court of law.” She looked around the room, avoiding Declan. “And here we are.”

Knowing he wasn’t going to make any further ground, Roger returned to his seat. The magistrate made a few notes on the paper before him and looked over toward the lawyer representing the Crown.

“Is there any re-examination?”

“Yes, Your Honor.” Abbey jumped to his feet.

“Senior Investigator Sabattini, is there any doubt in your mind that this matter should be heard right here, before His Honor in a court of law?”

Declan stared at her, willing her to answer in the affirmative. It seemed to take a lifetime, but eventually she replied, her voice low, but firm.

“No.”

The breath rushed out through his mouth and his shoulders slumped. Yet he hadn’t expected anything else.

“Nothing further, Your Honor,” the prosecutor said, tossing Roger a look of victory.

The magistrate cleared his throat. “Very well, Senior Investigator Sabattini you may step down.” He looked over toward the prosecution. “Please, call your next witness.”

The courtroom door opened and Detective Superintendent Gary Julian strode down the aisle and stepped up to the witness box. After being sworn in by the clerk, he took the seat Chloe had recently vacated and rested his hands on the ledge in front of him, his fingers folded. His gaze found Declan’s and he offered a reassuring nod.

Gratitude warmed Declan’s gut and he returned the imperceptible greeting. At least someone was on his side. Within moments, the preliminaries were established and Abbey got down to the real reason Declan’s boss had been called to testify.

“Detective Superintendent, I have here a copy of the staff roster prepared by you over the month of August. Would you take a look at it and confirm that it is correct?”

A copy was passed across the bar table to the defense team. Roger glanced at it briefly and then nodded his assent. Declan didn’t need to see it. He’d checked the roster the minute he’d been able to after his first interview with Chloe. He knew he’d discover he’d been rostered on during the relevant times the illegal access had occurred. Stanford wasn’t stupid.

As expected, Gary confirmed that the roster was in order. The prosecutor then asked him to confirm that the defendant was rostered on duty on the dates in question. Again, Gary confirmed that this was so.

Abbey then picked up another piece of paper. “I have here a print out of the usage of a particular computer in your squad room. I’d like you to take a look at it.”

The same procedure was followed, with a copy being supplied to the defense before being handed to the witness.

“Is it true that every single desktop computer and government-issued laptop have individual identification names and numbers?”

“Yes, that’s true. It’s standard procedure.”

“Do you recognize the identity of that computer?”

“Yes.”

“Can you tell the court whose computer that is?”

“Well, it belongs to the AFP, but it is a desktop computer located on the desk of Federal Agents Munro, Black, Angus, Timms and Cannister.”

“So all of those agents have access to that computer?”

“Yes, we generally run two or three shifts over a twenty-four hour block, depending on what’s going on. All of those agents use that desk while they’re at work and hence, they use that computer.”

“Does each officer have their own username and password?”

“Yes.”

“Do they ever login as someone else?”

“No, that’s something none of them would do. Every keystroke made by a user is tracked and recorded. Everyone in the office knows it. Sharing usernames or disclosing passwords simply wouldn’t happen.”

“So, if I told you the records show that someone using Federal Agent Munro’s username and password illegally accessed child pornographic material, you would be satisfied that the person who carried out that activity was Federal Agent Munro?”

“Objection!” Roger was on his feet. “It’s not for this witness to say whether or not he’s satisfied as to Federal Agent’s guilt.”

“Sustained,” the magistrate agreed. “Please continue, Mr Abbey.”

“Detective Superintendent Julian, of all the officers you mentioned who use the very same computer Agent Munro uses, how many of them were on duty during the times which are the subject of this hearing?”

Julian drew in a deep breath. His shoulders slumped. “A couple of them were on duty at one time or the other, but Agent Munro was the only one on at all of those times.”

“I seek to tender the staff roster and the computer records, Your Honor.”

The magistrate looked over at Roger. “Do you have any objection, Mr White?”

“No, Your Honor.”

“Very well, I’ll mark them as Exhibits B and C respectively.”

“I have no further questions,” the prosecutor said.

Roger got to his feet. “Detective Superintendent, were you surprised when you were told Agent Munro had been charged with these offences?”

Gary straightened in his seat. “Yes, I was very surprised. Agent Munro is an excellent agent. He’s part of a first-class team. I can’t imagine that he would be involved in such a thing.”

“Agent Munro has been under your command for approximately twelve months. In that time, what have you observed of his character?”

“As I said, Agent Munro has been an exemplary employee. He’s always the first to volunteer for extra duties and he’s pulled more than his fair share of doubles when it’s been required. He has excellent investigative initiative and an agent I’ve been proud to have on my team.”