Her officer gave her a look as if to say she hoped she knew what she was doing, then made her way to the back of the hall to call him in from the front lobby, to which he'd been banished at lunchtime. After an unnaturally long pause, Alison returned announcing that according to the constable at the front door, McAvoy had left the building an hour ago.
'Oh,' Jenny said, failing to disguise a sudden surge of panic. 'Well, then perhaps we'll call it a day and see if we can't have him back here first thing tomorrow.'
Martha Denton interjected, 'If I could trouble you for a moment, ma'am preferably in the absence of the jury.'
'Is there a matter of law you wish to discuss?'
'It's more of a procedural issue, but nothing that need concern the jury at this stage. I'm sure they're extremely keen to get away after a long day.'
She was greeted by a ripple of thankful laughter. 'Very well,' Jenny said and reminded the jury not to discuss the case overnight, even with members of their close families. They had begun to gather coats and handbags even before she had finished talking, and bustled eagerly out of the hall with almost indecent haste.
'Yes, Miss Denton?' Jenny said, still trying to accept that McAvoy had deserted her.
Martha Denton produced several copies of a document. Alison brought one forward to Jenny. The rest were distributed among the other lawyers.
Denton said, 'In the interests of clarity, my clients felt that David Skene should make a statement setting out the substance of his evidence. As you'll see, it raises one major legal issue, but my clients are confident about how that should be resolved.'
'Hold on, Miss Denton.'
Jenny skimmed over the brief three-paragraph statement.
I am David Skene, a former intelligence officer employed by the Security Services. From 2001 until 2004 I was attached to the anti-terrorist team. In early July 2002 I was asked to head a unit to liaise with CID officers in Bristol who were investigating the reported disappearance of two male Asian university students, Nazim Jamal and Rafi Hassan. Jamal and Hassan had been regular attendees at the Al Rahma mosque, which had been under police surveillance following receipt of intelligence suggesting that the resident mullah, Sayeed Faruq, and a number of his close associates including a postgraduate student, Mr Anwar Ali, had been acting as recruiters for the Islamist organization, Hizb-ut-Tahrir.
During the following weeks my colleague, Mr Ashok Singh, and I interviewed a number of students and staff at the university as well as members of the missing men's immediate families. We failed to gather any significant evidence to indicate their whereabouts. The CID had more success. In particular, they obtained anecdotal evidence (from a then student, now 'Dr') Sarah Levin that Jamal had been heard in a student canteen glorifying young British radicals who had gone to fight as jihadis in Afghanistan. A member of the public, Mr Simon Donovan, then came forward and claimed to have seen Jamal and Hassan on a London-bound train on the morning of 29 June. While police continued their investigations on the ground, Mr Singh and I were redirected to other duties though we remained in regular contact with Bristol CID.
In August 2002 intelligence was received from a trusted human source which corroborated the theory that Jamal and Hassan had indeed left the country with the assistance of a radical Islamic group. This source was considered highly credible and the nature, although not the substance, of the intelligence was passed on to the CID in Bristol. This led to a gradual winding down of the investigation on the ground.
The substance of this intelligence remains highly classified.
Jenny looked up from the document, realizing she had stumbled into a trap from which there would be no escape. A wave of nausea rose up from deep in the well of her stomach.
'Are we going to hear the substance of this intelligence?'
'I hardly think so, ma'am. I'm instructed that the source is still extremely sensitive and that any disclosure could seriously compromise him or her. As I'm sure you are aware, the law is very clear on this issue, but to answer any question you may have, I have prepared a brief submission.'
Martha Denton's instructing solicitor was already handing out copies of authorities back to the 1960s. Jenny's knowledge of the law pertaining to national security and the disclosure of evidence was sketchy at best. Martha Denton proceeded to give her a lesson.
Since the ground-breaking case of Conway v. Rimmer (1968), she explained, evidence could be withheld from the court if the Secretary of State was satisfied that it was overwhelmingly in the public interest to do so. Even Jenny knew this much. What she hadn't appreciated, however, was just how wide the definition of 'public interest' had become. The cases were clear: it was now considered in the public interest to protect vulnerable or important intelligence sources and, it seemed, evidence which might be used to identify them.
Denton said, 'Needless to say, the Secretary of State is satisfied that the evidence of our source does indeed pass this test, and a certificate of public interest immunity will be at the court in the morning.'
Jenny flicked hurriedly through the pages of Jervis and found a passage which seemed to suggest that coroners, along with other judges, had the right to view evidence which the Secretary of State wished to certify to determine whether it did in fact pass the public interest test. Denton was ready with a further battery of precedents, all of which stated that there were cases in which a 'judicial peep' at the disputed evidence was not even appropriate. This was such a case, Denton insisted: the evidence in question was so sensitive that not even one of Her Majesty's coroners could be trusted to view it. If Jenny refused to agree, the inquest would have to be adjourned and the issue referred to the High Court.
'Let's forget the law for a moment, Miss Denton,' Jenny said. 'What you're telling me is that there is evidence that Nazim Jamal and Rafi Hassan left the country. Eight years have passed but you have never told the families what this intelligence is, and you still don't intend to.'
'With respect ma'am, the families were told that the evidence pointed to their sons having left the country. But I'm afraid even families aren't necessarily entitled to have access to such sensitive intelligence, particularly the families of suspected extremists.'
Khan could contain his anger no more. 'Ma'am, this is outrageous. You must insist on seeing this so-called intelligence and if it's refused fight through every court until justice is exhausted.' He jabbed an accusing finger at Martha Denton. 'Her clients, the Security Services, are the people who complain that young Asian men are being lured by extremists, and she wonders why. These aren't respectable people, they're secret police. Does she honestly think hiding this information is in the public interest? I'll tell you what the public is interested in - fair and open justice.'
'I take your point, Mr Khan,' Jenny said. She needed time to research, to gather arguments as powerful as Martha Denton's. 'I'm going to adjourn and continue this discussion first thing tomorrow.'
Martha Denton refused to be silenced. 'I'm not sure that will be necessary, ma'am. Given that my clients intend to go directly to the High Court should you rule against them, further discussion is, quite frankly, fruitless. Furthermore, as far as I can ascertain, there is no evidence whatsoever that either Jamal or Hassan is in fact dead, certainly none upon which a jury could reasonably be expected to return a verdict.'
Jenny's fraying temper snapped, 'Miss Denton, I made a special application to hold this inquest and it will continue until its conclusion. If, once all the evidence is heard, the jury are not able to reach a verdict, then so be it. In the meantime, I will not and I shall not be dictated to by you or anyone you represent. Do you understand me?'