The Heirs of Owain Glyndwr (27 page)

55

‘Captain John Randolph Perry,
my Lord, Royal Engineers, attached to the Explosive Ordnance Disposal Unit, popularly known as the bomb squad.'

The captain's uniform was pristine, and boasted three medals. He was a tall man with jet-black hair, well-built, but carrying no excess weight, and he had a ready smile. He joined his hands behind his back.

‘Captain Perry,' Jamie said, ‘for a month or thereabouts before the Investiture of the Prince of Wales, were you commanding one of three small EOD units assigned to Caernarfon to work in cooperation with the police and other bodies responsible for public security?'

‘Yes, sir. Under my command I had Sergeant Ian McDonald and Corporal John Laud.'

‘Before we come to the details of this case, can I ask you about this? I am sure you must have considerable training in preparation for the work you do.'

‘Yes, sir. In addition to general military training, of course, both officers and other ranks have an intensive four-week training course, in which we have to learn about all kinds of ordnance, and how to make them safe. I am sure you understand, sir, there is far more to the job than dealing with the kind of home-made device we encountered in this case. In times of war, we are responsible for dealing with all kinds of unexploded ordnance on and around the battlefield, as well as making civilian areas safe in the aftermath of a battle.'

‘It is always dangerous work, isn't it?'

‘Yes, sir. It is.'

‘What characteristics must a good EOD officer possess?'

The captain smiled.

‘I suppose, first and foremost, the ability to remain calm, remember the training, evaluate the situation he finds himself in, and to work well with his team under pressure. In my own personal opinion, sir, it also helps to be stark raving mad.'

There was loud laughter in court, in which the judge and counsel joined.

‘Indeed, Captain Perry,' Jamie said. ‘In the kind of situation we have here, where a home-made device is found in a civilian area, what considerations come into play?'

‘Oddly enough, sir, disarming the device in that kind of situation is not usually the most urgent task. The first and most important thing is the evacuation of the surrounding area, and the police need an assessment of how big an area must be evacuated. That can be of crucial importance because the greater the area, the more time it takes, and you can't assume that time is on your side. So first, we take a general look at the device, and try to form an opinion about its size, the potential damage involved, and how stable it seems to be.'

‘Please tell my Lord and the jury what you mean by “stable”.'

‘By “stable”, I mean that there appears to be no immediate risk of an uncontrolled, unpredictable detonation. If the device is unstable, there may be no guarantee that there is time to evacuate the area, and it may be necessary to attempt to disarm it immediately, despite the risks.'

‘Whereas… if it appears to be stable…?'

‘Wherever possible, we prefer to remove the device to a safe area and deal with it by means of a controlled detonation. This allows us to eliminate any risk to members of the public and ourselves. But of course, it may not be possible to do that safely. We may not have confidence in the stability of the device, or a timing mechanism may indicate to us that a detonation is imminent. If we don't think we can remove it to a safe area, we will allow the police whatever time we can to evacuate, but we will then attempt to disarm it
in situ
.'

‘Thank you, Captain. Now, let me turn to the occasion with which the jury are concerned, 1 July 1969, the early morning on the day of the Investiture. Were you on duty at that time with the members of your team?'

‘Yes, sir.'

‘And were you called to the junction of New Street and Chapel Street, near the town square in Caernarfon, shortly after 1 o'clock that morning, following the report of a bomb being found in the boot of a car?'

‘Yes, sir.'

‘What did you do on arrival?'

‘We parked nearby. Corporal Laud stayed with the vehicle and ensured that we were ready to remove the device to a place of safety if possible. Sergeant McDonald and I approached the rear of the car. We observed that the street had been cordoned off by means of police cars, and that an evacuation of the immediate area was taking place, from residential properties and the Castle Hotel. We then began to observe the device with the aid of powerful torches we use for night-time work.'

‘As you were doing this, did anyone else approach?'

‘Yes, a police officer, DC Owen if memory serves, approached with a man who was handcuffed and was evidently in the officer's custody.'

‘Did this come as a surprise?'

‘Not entirely. We had been told over the radio that one of the suspected makers of the device had been arrested and was prepared to cooperate by explaining how to disarm it.'

‘How did you react to that information?'

‘We are trained to be highly sceptical of offers of help from perpetrators. You have to think there is some chance they will give false information to keep you from disabling the device, or even trigger a detonation. Every army in the world has horror stories about that. The Americans have lost a fair number of EOD officers in Vietnam through relying on Viet Cong collaborators – apparent collaborators – and we had our share in Malaysia and elsewhere. So we prefer to make up our own minds. I'm not saying we might not ask a question or two if we had a tricky one, but we wouldn't rely on the answer unless it matched our own assessment.'

‘Did Mr Prosser – you know, of course, that it was Mr Prosser – did Mr Prosser in fact give you useful information.'

‘He did, although… I'm sorry I'm smiling. It's just that by the time Mr Prosser got there, Sergeant McDonald and I had already drawn our own conclusions.'

‘Which were…?'

‘We were dealing with a home-made explosive device of quite basic design, but competently made and almost certainly very stable. There was no immediate risk of detonation, and we were confident that it could be moved to a safe area without difficulty. In fact, we were looking around for the senior officer – DCI Grainger – to tell him he could call off the evacuation, as soon as he provided a police escort for us to remove the device to a place of safety.'

‘What led you to think that the device was stable?'

‘It was composed of military grade dynamite, which was in pristine condition. It was obvious that the maker intended to detonate the device automatically by means of a 24-hour electronic alarm clock, but this was not connected up and was not operating. There was no other source of ignition. There was no sign of any mercury-based or other mechanism to render the device unstable if handled. To be honest, anything like that would have been a few levels above the level of sophistication of the device, and even if you used such a mechanism, you would not install it until the bomb was in its intended place. The device was contained in a very snug, heavy, steel carrying case, which would also have guarded against the risk of an uncontrolled detonation.'

‘So, Mr Prosser's advice was not really needed?'

‘No. But in fairness, he didn't know that. He pointed out to us that the device was not armed, and he told us exactly how it was constructed. He made no effort to mislead us in any way at all. We clipped a few of the wires as he instructed us, just to show our appreciation. Once Mr Prosser had been taken away, we loaded the device into our vehicle and took it under police escort to a place of safety.'

‘Did you destroy the device?'

‘No, sir. The police asked that it be dismantled and the various components kept as evidence, which we did.'

‘All right. Now, I know that you have not brought the dynamite to court today, for obvious reasons…'

‘I am very glad to hear that, Mr Broderick,' Mr Justice Overton said. There was some laughter.

‘Yes, my Lord. But is it available for anyone to inspect?'

‘Yes, sir. The dynamite, of course, is in proper storage at a military facility, but I believe the police have the alarm clock, the carrying case and the rest of the components.'

‘Yes. I am going to show you a number of items now, and ask that these be numbered sequentially as exhibits. With the usher's assistance… please look at this first item. Is this the steel carrying case in which the device had been placed?'

‘Yes, sir.'

‘Thank you.' Jamie smiled. ‘I'm sorry, my Lord, I'm afraid I've lost track of where we are with exhibit numbers.'

‘This will be 36,' Gareth volunteered.

‘I am much obliged to my learned friend. Exhibit 36. Would you please look at the next item the usher is handing you, and can you tell us what this is?'

‘This is a basic electronic 24-hour alarm clock of Japanese manufacture, readily available in shops.'

‘Exhibit 37. And the next item?'

‘A quantity of electrical wire, again readily available in shops. You can see that various parts of it are frayed and the wire is exposed at the ends where we cut it at the site.'

‘Thank you. That will be Exhibit 38. And lastly, there is a small album of photographs which will become Exhibit 39. Please tell my Lord and the jury what these are.'

‘These are photographs of the device, I think 20 in all, taken at various stages of the process of dismantling it. The first ones show it as we found it in the carrying case. Then we move to pictures with the case removed, and then various pictures which illustrate the stages of dismantling it. Finally, there are pictures of the dynamite and other components individually.'

‘Yes. Let me ask you about the dynamite for a moment. Are you able to give the jury any further information on that?'

‘Yes indeed. The dynamite is not only military quality, but it has been identified as being part of a batch stolen from a military establishment in Wales about 18 months ago. I am not authorised to say any more about the details of the theft, my Lord, for reasons of security.'

‘No, of course,' the judge said.

‘Finally, Captain Perry, I would like to ask you about the consequences which might have ensued if the device had been planted, as the defendants intended, inside Caernarfon Castle.'

Gareth stood.

‘My Lord, I must object to this, and I do so on behalf of Mr Prys-Jones, who is not represented, as well as on behalf of my client. My learned friend has not shown that the witness is an expert in the area of how damage is caused by explosions, what kind of damage is caused, or over what area it is caused. And any such evidence would be little more than speculation, given that the Crown can do no more than speculate about where the device would have been placed. The evidence would be highly misleading to the jury.'

‘My Lord,' Jamie replied. ‘I will ask the captain about his credentials in that area if required to do so. But there is nothing speculative about his evidence. The Crown has already adduced evidence about the probable site chosen by Mr Prys-Jones for the bomb. If he, or Mr Prosser, wishes to dispute that evidence, they are free to do so.'

‘I agree, Mr Broderick,' the judge said. Gareth quietly resumed his seat.

‘Captain Perry, are you trained in evaluating the kind of damage and the probable extent of damage which may be caused by explosive devices?'

‘Yes, of course. That kind of assessment is crucial to our work.'

‘I ask the usher to show you Exhibit 7. Your Lordship and the jury will recall that these are photographs of a loose paving stone and the space beneath it, situated towards the front wall in the corridor leading from the Black Tower to the Chamberlain Tower in Caernarfon Castle. Captain Perry, I want you to assume with me that the device you found has been placed in the space under the paving stone, that it has been armed using the alarm clock, and that the paving stone has been placed back in position. Do you follow?'

‘Yes, sir.'

‘Please look also at Exhibit 8, the seating plan… from this you will see where the Black Tower and the Chamberlain Tower are, and you will see that there are banks of seats just in front of where the device is, and that just in front of those seating stands there is the dais where the ceremony of Investiture takes place. Do you see that?'

‘Yes, sir.'

‘Can you tell my Lord and the jury what scale and extent of injury and damage you would expect if the bomb were to detonate in that location during the ceremony?'

‘Again, my Lord,' Gareth said, ‘I must object that this is pure speculation.'

‘You will have the opportunity to cross-examine, Mr Morgan-Davies,' the judge replied. ‘Please answer the question, Captain Perry.'

‘There would be a high probability of loss of life and very serious injury amongst those in the seating stands nearby, and even those on the dais. In addition, of course, there would be very considerable damage to the immediate area of the Castle building surrounding the site of the device.'

‘Yes. Thank you, Captain Perry. Please wait there.'

56

Gareth was about to
stand when Donald Weston tugged on his gown.

‘Gareth, let me take him.'

‘Why?'

‘I'll explain later.'

Gareth looked at Ben, who was smiling, and calculated briefly. There was little, if anything, to gain by the cross-examination, but also little to lose. He had objected to some of Captain Perry's evidence and felt obliged to put a few questions. Donald knew what they were, and they would come just as well from him. Why not?

‘Yes, all right,' he replied. ‘My Lord, my learned junior, Mr Weston, will question this witness.'

‘Captain Perry,' Donald began, ‘dynamite is not greatly used as a weapon by the Armed Forces these days, is it?'

‘If you mean as a combat weapon, no. It was never designed for that purpose. Dynamite was designed, and has always been used primarily for blasting and other situations which demand controlled explosions. It is useful to the Army for sabotage purposes, of course, but there are other materials which are far more useful and adaptable for use in weaponry.'

‘Thank you. Is it also correct that many factors may influence the extent and distribution of damage from a dynamite explosion?'

‘Yes, I would agree with that.'

‘Among them, the exact positioning of the device?'

‘Yes indeed.'

‘If you look at Exhibit 7 again, would you not agree that the floor of the space is far from even?'

‘Yes.'

‘And so there could be no guarantee that the device would be level, rather than on an angle, and there would be no certainty about the precise direction of the explosion?'

‘That is true to some extent, but I would not expect it to be a significant factor.'

‘So, would you expect the explosion to take effect in each direction?'

‘Yes.'

‘But you could not rule out that the device might veer in one direction or another on detonation?'

‘I could not rule that out. But the force of the explosion would still be very considerable, and it would be more than capable of having catastrophic consequences in the seating areas in front of it, and on the dais.'

‘Is it possible that the force of the explosion might be inhibited to some extent either by the carrying case, or the paving stone which, in my learned friend's example, was placed over the aperture, and so more or less on top of the device?'

Captain Perry shook his head.

‘Perhaps to a very limited extent. But far more significant is the fact that both the paving stone and the carrying case would probably be blown apart, causing pieces of shrapnel to be propelled outwards with considerable velocity. Anyone struck by such a piece of shrapnel would have virtually no chance of avoiding death or very serious injury.'

Every eye in the courtroom was on Donald Weston. He appeared quite calm.

‘Captain Perry, let me ask you about something else. You said, very fairly, that Dafydd Prosser did not try to mislead you in any way?'

‘Yes, that is true.'

‘Indeed, he offered whatever help he could give, not knowing, of course, that you already had the situation under control, but nonetheless, he tried his best, didn't he?'

‘Yes, he did.'

‘What state did he seem to you to be in at that time?'

The witness reflected for some moments.

‘I think the best word would be distraught, sir. He was clearly very distressed. There were tears in his eyes, and he seemed to be speaking very rapidly. I had the impression that he was very anxious to do what he could to mitigate the situation, to make sure that everyone knew there was no danger.'

‘This was a very basic device, wasn't it? Nothing to suggest that it was the work of anyone other than a first-time bomb-maker?'

‘I would not disagree with that, subject to the observation that it was very competently made, and I was particularly impressed with the use of such a heavy carrying case, and the high grade dynamite. I would suggest that the maker probably had access to some written instructions of the kind found by the police in this case, which make the rounds via the underground network.'

He paused.

‘There is also a certain neatness, a certain compactness, about it which makes me think that the maker may well have had some help from a more experienced collaborator. But I would have to concede that I am speculating to some extent there. It is certainly a device which could have been made by a first-time maker, if he had a certain aptitude, the right instructions, and good materials.'

‘Thank you, Captain Perry.'

‘My Lord,' Jamie Broderick said, after the jury had been dismissed for the day, ‘as my learned friend Mr Schroeder requested, the prosecution has located WPC Marsh, the officer who was present when Arianwen Hughes was interviewed by DCI Grainger and DS Scripps. She will be available tomorrow morning, but not, I'm afraid, until then. We can't go any further until she has been called. I will have to ask your Lordship to rise until tomorrow morning. But we are making good progress.'

‘I am grateful to my learned friend,' Ben said. ‘If she has made a witness statement, I would very much like to see it before I ask her any questions.'

‘She has not made a witness statement,' Jamie replied. ‘The prosecution will not call her as a witness except to establish her identity, but will simply make her available to the defence for cross-examination. I should have called her former WPC Marsh. I understand that she is no longer a police officer.'

‘Sorry,' Donald said, as they made their way back to the robing room. ‘I'm afraid I didn't get very far, and I let him shoot me down.'

Gareth shook his head.

‘There was nothing much you could have done. It was worth a try. It's all we can do. Why were you so keen to have a go at him yourself?'

Donald smiled.

‘My father was an army officer before he retired,' he replied. ‘I picked up a few bits and pieces about explosives from him. And Captain Perry is a rugby player. He plays second row for the Army. He didn't seem to remember, but I do. I played against him a couple of times when I was playing for the university. I thought it might just buy us a bit of sympathy.'

‘Perhaps it did,' Gareth replied. ‘He could have been a lot rougher on Dai Bach about his talents as a bomb-maker if he had a mind to.'

‘What on earth am I going to do with the former WPC Marsh, who hasn't made a witness statement?' Ben asked.

‘Take a leaf out of Captain Perry's book,' Gareth grinned. ‘Proceed with extreme caution, remember your training, and remove to a place of safety if at all possible.'