‘But we could try,’ she said. Then she sighed and rolled off my arm, releasing me.

She helped me back into my plastic corset and then into a towelling robe.

‘Let’s have some room service,’ I said. ‘Then I can work and eat.’

Eleanor called down for the food while I set about looking through the papers that I would need in the event that the judge did not rule in our favour over the defence submission. To be honest, I didn’t really expect him to. Even though much of it was circumstantial, there was probably enough evidence to convict, and certainly enough to leave the question to the jury.

If it was in the balance, the judge might simply allow the trial to continue because the decision was then taken out of his hands and passed to the jury. And Steve Mitchell’s conduct during the afternoon had almost certainly not endeared him to the judge – not that that should be a consideration, but it probably would be.

Since the Criminal Justice Act 2003 had come into force, the prosecution had the right to appeal rulings by judges over whether there was a case to answer, and, in my experience, judges had since become less inclined to so rule for fear of having their decision overturned on appeal.

All in all, I wasn’t too hopeful, and so I still had to do my homework.

However, over our room-service dinner, eaten in our bathrobes, I told Eleanor about the news I had heard from Nikki at lunchtime.

‘What are you going to do about it?’ she asked.

I explained to her about the defence submission I had made to the court at the end of the prosecution case.

‘If the judge doesn’t rule in our favour in the morning,’ I said, ‘and I don’t think he will, I intend calling a couple of witnesses to explore what Nikki found out.’

‘Can you call anyone you like as a witness?’ she asked.

‘Yes and no,’ I said.

‘Explain,’ she said.

‘I can call whoever I like as long as their evidence is relevant to the case,’ I said. ‘But if I’m going to call the defendant as a witness, I have to call him first. I couldn’t call someone else first and then go back to Steve. But I don’t think I’ll be calling him anyway in this case. He’s a bit too volatile. And our defence is that he’s being framed, so all he could say is that he didn’t do it, and he knew nothing about it, and I can say that to the jury anyway.’

I paused to take a mouthful of my dinner.

‘I did think about calling character witnesses but I’m not sure that would be a good idea. Steve’s character is hardly as pure as the driven snow.’

‘You can say that again,’ she said. And she should know.

‘I asked my solicitor, Bruce Lygon, to contact both my new witnesses this afternoon,’ I said. ‘I am still waiting to hear what he says but I fully expect that at least one of them won’t want to come to court.’

‘But what happens then?’ Eleanor asked.

‘In the end, they don’t get any choice in the matter,’ I said. ‘I can apply to the court for a witness summons which is then served on the potential witnesses and then they have to be there. If they don’t turn up, the judge can issue a warrant for their arrest.’

‘But surely that doesn’t mean they also have to answer your questions.’

‘No,’ I agreed. ‘But if they don’t, they have to give a reason not to answer, and the only reason here would be that in doing so they might incriminate themselves. And that should, at least, do some good as it ought to put some doubt into the minds of the jury as to Steve’s guilt.’ I took another mouthful. ‘But what I really need is time. Time to get the witnesses I need to court, but mostly time for more investigating.’

‘And what will you do if the judge doesn’t give you time?’ she asked.

‘Probably lose the case,’ I said.

At least Julian Trent would then be pleased.

CHAPTER 18

As I had expected, on the Thursday morning at two minutes past ten, and prior to the arrival of the jury in the courtroom, the trial judge rejected the defence submission that there was no case to answer.

‘If it then please My Lord,’ I said, standing up. ‘The defence would like to submit a list of witnesses we wish to be summonsed.’

‘And how many witnesses are there on this list, Mr Mason?’ the judge asked rather sternly.

‘Initially I have two names, My Lord,’ I said, picking up a sheet of paper. ‘But there may be more, depending on the evidence of these witnesses.’

I passed the paper to the court usher who delivered it to the judge. He looked down at its brief contents.

‘Why have these names not been previously submitted to the court, so that summonses might have been issued to them in good time?’ he asked me.

‘My Lord,’ I said. ‘Information came to our knowledge only yesterday which indicates that these witnesses are essential to our case.’

‘And how is that?’ he asked.

‘Our case, My Lord,’ I said, ‘as detailed in the Defence Case Statement, previously submitted to the court, is that the defendant is innocent of the charges and that he is being framed for a crime he did not commit. In the light of fresh information, the defence now wishes to further this argument by calling these witnesses.

‘My Lord,’ I continued. ‘Mr Mitchell’s solicitor made an attempt to contact these potential witnesses during yesterday afternoon and evening. One of them indicated verbally to the solicitor that they had no wish, or intention, of attending court to assist the defence in this matter. Consequently, I would like to apply to the court for a witness summons.’

‘How about the other?’ asked the judge.

‘As yet we have been unable to contact the second one, My Lord,’Isaid.‘But I have every reason to expect the same outcome.’

‘Mr Mason,’ said the judge. ‘Have you shown your list to the prosecution?’

‘I have, My Lord,’ I said. ‘I gave a copy to my learned friend just prior to the court sitting this morning.’

The judge invited the prosecution to respond to the request.

‘My Lord,’ said the smarmy prosecution QC. ‘The prosecution has no objection to the summonsing of these witnesses if it is likely to aid justice. However, the defence has had ample time to prepare for this case and further procrastination should not be tolerated.’

Or in other words, I thought, we don’t object but, oh yes, we do after all. Anything to sound reasonable, while not actually being so.

The judge, God bless him, chose to hear only the first part of the QC’s statement.

‘Very well,’ he said. ‘As the prosecution have no objection, I will allow a witness summons to be issued for each name. But be warned, Mr Mason, I will take a firm line if I consider that the defence is in any way wasting the court’s time. Do I make myself clear?’

‘Absolutely, My Lord,’ I said.

‘Will these witnesses be ready to be examined by this afternoon?’ asked the judge.

‘My lord,’ said the prosecution QC rising rapidly to his feet. ‘The prosecution requests more time to consider the names of these witnesses and to prepare for cross-examination.’

It was exactly as I had hoped, because I was not in any position to call my witnesses. Not yet, anyway.

‘Would you be ready by tomorrow?’ asked the judge.

‘We would prefer Monday, My Lord,’ said the smarmy QC.

‘Any objection, Mr Mason?’ asked the judge.

‘No, My Lord,’ I said, trying hard to keep a grin off my face. ‘No objection.’

‘Very well,’ said the judge. He was probably already looking forward to an extra day on the golf course. ‘Court is adjourned until ten o’clock on Monday morning.’

Excellent, I thought. Just what I had wanted, and just what I needed.

I ordered a taxi to take all my papers back to the hotel. I had previously been to the court office to get the witness summonses issued for Monday, and Bruce Lygon had departed eagerly to try and personally deliver them into the correct hands.