‘I had to take Allard back down to the cells and he was asking to make a phone call and to contact a solicitor-’
‘A solicitor he never got, yet was entitled to speak with under the Judges’ Rules. Tell me, WPC Tennison, do you even know what the Judges’ Rules are?’
‘Yes, we had to learn them at training school-’
‘Well, they obviously didn’t sink in where you’re concerned, did they?’
Jane felt embarrassed and flustered. Although her experience in court was limited she knew Nichols was playing mind games with her.
‘It was remiss of me not to, and at the time I should have said something, but DI Moran was in charge of the case and didn’t mention the signing of the notes until later.’
‘When did you sign the notes of the second interview?’
‘The following morning.’
‘And when did DI Moran and my client sign them?’
‘I don’t know, but as I recall their signatures were already on each page when I signed them.’
‘Were you present when the alleged confession was made to, and recorded by, DI Moran?’
‘No.’
‘Have you taken part in a conspiracy with your colleagues to frame an innocent man with a crime he did not commit?’
‘No, I have not,’ Jane replied strongly, resenting his accusation.
‘Do you think DI Moran has fabricated evidence and been supported in his lies by DC Edwards?’
Jane had no choice but to pause and think how she should best answer the question. She now knew that Brian Edwards had lied to the court, yet in some ways she sympathized with him and realized it was probably down to the fear of being ostracized by his colleagues. As for Moran, she knew deep down he had lied and looking up she could see the expression on his face. It was then that Jane wanted to shout out at the top of her voice ‘Moran is a liar’, but she couldn’t do it. She couldn’t ruin her own career on a gut feeling with no evidence.
‘I’m surprised the question is something you have to think about, officer, as the answer should be a simple yes or no,’ Nichols said with arrogance, pushing her for a reply.
‘Sorry, I was upset by your insinuation that I or my colleagues were in any way dishonest. So the answer to your question is no.’
‘Do you know Marie Allard?’
‘Yes.’
‘And have spoken with her on three occasions, I believe?’
The magistrate stopped taking notes and looked up at Mr Nichols.
‘According to the papers I have read, WPC Tennison only met Marie Allard when she went to search the house.’
Nichols now informed the magistrate that on the morning of Peter Allard’s first court appearance Jane spoke briefly with Marie outside the police station and then again at court this morning. The magistrate looked perturbed and asked Jane what the conversation was about. Before Jane could answer, Nichols informed him that Mrs Allard said WPC Tennison innocently asked how she was, and after expressing her concerns about the evidence against Mr Allard, WPC Tennison had said that the magistrate might decide there was not enough evidence to send the rape charge for trial.
The magistrate gave Jane a stern look before continuing. ‘And what makes you think that, officer?’
Again, Nichols added fuel to the fire with a haughty smile. ‘Exactly what I was wondering, sir, and may I also add that at the meeting outside the station WPC Tennison seemed surprised and somewhat shocked when Mrs Allard informed her that her husband had allegedly confessed to DI Moran.’
Jane looked crestfallen. She knew Nichols had belittled her and her evidence, yet in other ways she knew she’d dug a hole for herself. Now she wished it would open further and swallow her up so she could get away from what was becoming an intimidating and uncomfortable experience. Jane knew that, after her earlier answer about DI Moran and DC Edwards, she had to avoid intimating they had lied, even if it meant dropping herself further in the mire. She took a deep breath before continuing.
‘I read all the indecent assault victims’ statements and compared them with my own experience at the hands of the defendant. It seems to me that his actions, accent and words used differed from those carried out in the rape. The flick knife was actually seen and physically used in the rape and the assailant wore a balaclava, as opposed to a stocking mask like the defendant did when arrested by me.’
Mr Nichols nodded. ‘Very astute, officer, and apart from the false confession, an argument I was going to put forward as to why there is not a prima facie case or evidence to commit Mr Allard to the Old Bailey for trial.’
The magistrate did not look best pleased with either Jane or Mr Nichols. Jane could sense that no matter what Mr Nichols said, or even if she herself had stated that she believed Moran had fabricated the evidence, there was no way the case was not going to be committed for trial.
The magistrate removed his glasses and put them down on the desk.
‘I have read the police report, as well as all the victims’ statements, the defendant’s interviews and his confession. At first Allard lied about the attack on WPC Tennison, then he lied about who he was and where he lived, facts he has since admitted. Once faced with insurmountable evidence, and the knowledge that his wife knew of his crimes regarding the indecent assaults, he capitulated and admitted his guilt. But he still denied the more serious crime of rape. It seems to me that there is always the possibility that his guilt eventually weighed so heavy that he did indeed confess to the rape. I see no reason why he would sign a false confession. However, that said, it is for a jury to determine guilt or innocence and from the evidence I have heard and reviewed so far the rape charge will be committed to the Old Bailey for trial.’
Nichols did not look pleased and asked if he could bring one further thing to the magistrate’s attention.
‘If you must, Mr Nichols, but I fail to see what you can add to change my mind.’
Nichols now asked the usher to hand Jane a photocopy of the original second interview and said he wanted her to look at the bottom of each page and confirm that she had signed each and every page. As Jane flicked through the document the magistrate asked Nichols what the purpose of the exercise was, as the defendant was not challenging anything asked or said in either of the interviews contemporaneously recorded by WPC Tennison. Nichols asked him to bear with him for a couple more minutes.
As Jane looked through the interview she noticed that there were two pages that did not bear her signature. She was about to flick back when Nichols spoke.
‘Is there a problem, officer?’
Jane looked glum as she put the notes down on the witness box. ‘I don’t appear to have signed two pages of the interview, yet DI Moran and Mr Allard have. It may have been an error on my behalf.’
‘Oh, don’t worry about that. I don’t suspect you of anything untoward. We all make mistakes when we are in a rush and not concentrating. Do you have a pen?’
‘Yes,’ Jane replied, wondering what was going on in Nichols’s mind.
‘I know the interview is a photocopy of the original, but would you mind quickly signing the two pages for my benefit, just so everything is tickety-boo for my file?’
Jane got out her pen, flicked through to the pages that were unsigned, duly wrote her name and number and held out the papers to the usher to return to Mr Nichols.
‘Please double-check the pages you just signed.’
Jane was puzzled. ‘I know I just signed them and you saw me do it, so why?’
‘Read the two pages you just inadvertently signed,’ Nichols said pointedly.
Jane now turned to the two pages, put the others to one side and couldn’t believe what she started to read. It was the alleged confession made by Peter Allard written by DI Moran.
Nichols picked up on her expression of amazement. ‘You see how easy it is to be tricked into signing something when you are confused and flustered, as was Peter Allard when DI Moran asked him to sign what he believed was the record of the second interview. Like DI Moran did, I simply slipped the confession into the middle of the bundle and you, in all innocence, signed the confession as if you were guilty of a crime you never committed.’