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The Trial of Draco Malfoy
By Oriondruid.
Author's Note: I must again apologise to readers awaiting updates of my currently unfinished multi chapter stories. The long delay has been due to several personal factors, including the ongoing threat of homelessness, some physical problems and continuing bouts of clinical depression, to which I am subject from time to time, the effects of which damage my creativity. However, my mood disorder is not so bad for now and this little story came to me. It's about something I've often wondered about and this is how I thought it might have happened. I hope I'll be back writing at 'full power' and able to complete the outstanding stories. For now, thank you for your patience.
Many Blessings, Oriondruid.
Disclaimer: With regard to the following story, the characters and settings in this story belong entirely to the works and 'world' created by our beloved J.K. Rowling and I am grateful that she so kindly allows us, her fans, to enter her world and 'play' for a while. This is an entirely amateur work and not for profit.
The Trial of Draco Malfoy
Draco Malfoy stood in the dock before a full Wizengamot Trial to account for his actions leading up to, and at, the Battle of Hogwarts. It was the second day of his hearing and the wizarding public's interest in the proceedings was at fever pitch and all over their media.
The first day had been taken up by the reading of the charges and by testimony of the witnesses for the prosecution. There had been very little that his Defence Counsel could do by way of undermining this testimony, since for every witness that testified against Draco there were a dozen equally respectable and reliable citizens waiting in the wings who could have been called if needed. Indeed even Draco's own body held damming evidence against him, as his Death Eater's 'Dark Mark' made plain he once was actively one of Voldemort's minions.
Draco spent the evening of the first day of his trial in utter despair, being certain no-one would speak up on his behalf the next day, and feeling certain that by the next nightfall he would be languishing in Azkaban Prison alongside his father Lucius, who had already been tried and found guilty.
His mood was bleak until his Defence Counsel called by to visit him in his Ministry holding cell late that evening, to inform him he had been contacted by several surprise witnesses who would be testifying on his behalf. The Counsel was unable to let him know exactly who these mystery witnesses were, as he did not trust that the Ministry cell Draco was held in was not monitored, and he did not want the impact of the witnesses' appearance being reduced by Ministry leaks to the morning press. However he did inform Draco that the mystery witnesses would be most impressive and influential and that there was a very good chance that he might be acquitted, or at least receive a much reduced sentence or be released on licence.
This news came as a profound relief to Draco who slept better that night than he had in all the weeks since the battle, since he finally held hope in his heart.
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As the trial room filled the next morning there was an anticipatory atmosphere amongst the witches and wizards of the Wizengamot, as well as the normal members of the wizarding public who had been fortunate enough to gain one of the much coveted seats in the public gallery.
Draco was brought up to the dock and the Minister, Kingsley Shacklebolt, who was heading the trial gave Draco's Defence Counsel permission to call his first witness. He rose and said, "the Defence calls Miss Luna Lovegood."
There was a gasp of shock from many present, as the story of her kidnapping, imprisonment and torture at Malfoy Manor was well known and she was surely the last person most would have expected to speak up for Draco.
Luna, looking well recovered from her ordeal and from the fight at Hogwarts took the stand and was sworn in. She beamed at Draco when asked to identify him as the defendant and also at Kingsley Shacklebolt, as she took her seat.
The Defence Counsel stepped forward, thanked her for her attendance then said:
"Miss Lovegood, I have no need to go into the details here of your kidnapping from the Hogwarts Express, since they are well known and all the culprits directly responsible died in the battle at Hogwarts school."
"I would however like to go into some detail regarding your experiences at the hands of the Death Eaters, whilst you were illegally imprisoned at Malfoy Manor. I have no wish however to upset you, as it must have been a most frightening and distressing time. I am mainly going to limit my questions to the detailed actions of my client and his mother Narcissa Malfoy, since they are the issue in question here."
"Thank you for your concern for my welfare sir," Luna replied. "But I am happy to discuss all aspects of my time in the Manor, particularly when it comes to the actions of Draco and his mother, since, other than from my fellow prisoners, theirs was the only kindness I experienced during that horrible time."
"Thank you Miss Lovegood, your candour is appreciated." The Defence Counsel replied. "I understand that during your long incarceration you were abused and assaulted by several of Voldemort's supporters, including being severely tortured by the witch Bellatrix Lestrange and others, by means of Unforgivable curses and other methods. Also that you sadly suffered sexual abuse from several of the male Death Eaters. In addition you were being subject to slow starvation, because inadequate food was being supplied to yourself and your fellow prisoners. Is that correct?"
"Yes sir, that is all true." Luna replied.
"However, "the Defence Counsel said, continuing. "During that terrible ordeal you did, I understand, have some help and sympathy from two members of the Malfoy family, those being Draco Mafoy and his mother Narcissa. Is that correct?"
"Yes Sir, that's correct. There were several particularly bad torture sessions at the hands of Bellatrix Lestrange, who kept trying to get information from me about Harry Potter and his friends, regarding their location and their intentions, even though I knew nothing. Narcissa Malfoy brought healing potions and unguents down into the cellar and treated my wounds. On more than one occasion I would probably have died had she not done so. Whilst she was healing me we got to talking in the privacy of the enchanted dungeon and she made it clear that she detested the presence of Voldemort and his minions in her home and she was very sorry about what her insane sister and Voldemort were doing to me."
"So," the Defence Counsel asked. "Narcissa Malfoy was, in fact, responsible for your survival, along with her son Draco? How did he help?"
"Draco sometimes smuggled extra food down to the dungeon for me, which I shared with the others, and this helped stave off starvation. Also, sometimes when I was being tortured Voldemort and Bellatrix insisted that Draco cast Cruciatus spells on me 'for practice' as they put it. However the spells Draco used had no power behind them, I could tell he hated being forced to do it and he and his mother told me to simply play act, as if they were stronger than they actually were. This I did, but eventually Voldemort and Bellatrix began to suspect what we were doing and Crucio'd Draco to punish his defiance. In the end they stopped trying to force Draco to torture me and went back to doing it themselves, even though by then they knew I could tell them nothing and were simply doing it for their own sadistic pleasure."
"Thank you Miss Lovegood, for your clear and helpful testimony. Is their anything in addition you might like to add in support of my client's cause?"
"Only that I believe that Draco and his mother were almost as much victims of Voldemort as those he directly attacked. Draco was weak willed and from early childhood was under the sway of his father's vile opinions. Narcissa was never a Death Eater, her main sin was permitting her loyalty to her husband to overcome her sense of decency and weaken her human compassion. However, in the end both of them did turn away from the evil path they had been on. By the time of the Battle they were, neither of them, truly on Voldemort's side and they deserve a second chance."
"Thank you once again Miss Lovegood, if the prosecution has no further questions you may step down."
"I have no questions Minister, Miss Lovegood's testimony was perfectly clear." The Prosecutor replied.
Turning to the Defence Counsel he said, "Well then, given that, would you like to call your next defence witness?" The Minister said.
"Thank you Sir, the Defence Counsel replied, I would. The Defence calls Mr. Harry Potter!"
At that the courtroom erupted into chaos and shock and it took much banging of the Minister's gavel and pleas for calm before order was restored.
Harry Potter was then sworn in and took the stand. He was asked to identify the defendant and named him as Draco Malfoy. Draco looked even more shocked to see him there as a witness on his side than even the rest of the occupants of the courtroom were.
The Defence Counsel stepped forward and said. "Mr. Potter, thank you for coming, many people obviously are very surprised to see you here as a defence witness I am sure, since there has been a well known long term enmity between yourself and the defendant Mr. Malfoy, which began the very first day you met at Hogwarts. So, might I ask, what moved you to come forward and speak here on his behalf?"
"Well Sir," Harry replied. "Whilst what you said is true and Draco Malfoy and myself have been sworn enemies for years. However, I am compelled to admit that he did save my life and for that I am grateful. We may never become friends but I do owe him for the brave action he took at Malfoy Manor in standing up to his father Lucius and Bellatrix Lestrange in the way he did, by refusing to identify me to them. My identity was obvious, even whilst my face was swollen by a Stinging Jinx and I could tell in his eyes that he knew me, but he denied it. This saved not only myself, but also my friends and ultimately allowed us to escape. I owed him a life debt, although subsequently I have repaid that by saving his life in return, during the Battle of Hogwarts. I am here now because I could not stand back and let a man whom I know is incapable of being a killer and who helped save many people I love be railroaded into Azkaban Prison. His father thoroughly deserves to rot in there, Draco doesn't!"
Harry went on, saying, "I have already given a statement to the Auror Office, regarding his actions, and also Narcissa Malfoy's aid to me during the battle. As a result of that and also Luna's statement to them, I understand Narcissa Malfoy's trial has been cancelled and she is cleared of all charges. I hope that Draco, despite undoubtedly having been a Death Eater, will also receive similar mercy from this court, since I believe he is a truly contrite and reformed character."
"Thank you Mr. Potter." The Defence Counsel smiled. "I understand the other two members of what our media have taken to calling 'The Golden Trio', those being Miss Hermione Granger and Mr Ronald Weasley, are standing by outside the doors of this court, ready to be called to back up your testimony, and that in addition some of the individuals incarcerated in Malfoy Manor with Miss Lovegood are also on standby ready to confirm the details of her testimony. Could you tell the Minister and the distinguished members of the Wizengamot is that correct?"
"Yes Sir, that's right and we all feel exactly the same way about Draco and his mother." Harry smiled at the Minister and the assembled witches and wizards on the trial panel."
"Thank you Mr. Potter," the Defence Counsel said. "And not just for your testimony here today but for what you and your fellow young people have done for us all. If the Prosecution has no further questions you may step down."
The Prosecutor, looking a little rueful at the recent turn of events replied, "No questions Minister."
Kingsley Shacklebolt then rose to his feet and turning to face the assembled members of the Wizengamot he said, in his powerful voice;
"Distinguished colleagues. As our laws permit me to do I am calling a halt to these proceedings, as I believe we have all heard sufficient here today to come to a verdict without any need of further testimony. What had at first seemed a fairly open and shut case of a Death Eater deserving punishment has been transformed into a very different case by the words of a great hero and heroine of the recent war, two wonderful young people who are the same age as the defendant here before you. Certainly Mr. Malfoy, the defendant before us, is guilty. He is, I believe, guilty of being a naïve young man seduced by evil men and women into joining their cause without fully understanding the nature of the wickedness he would be forced to engage in. Whilst still at school he may have been unpleasant to many people he had been brainwashed throughout his childhood into believing were his 'inferiors', but when as a young adult he came to fully understand the implications and nature of what he had been drawn into he latterly became a very different and remorseful person. He is certainly no killer and indeed was willing to actively work against those whom he had previously idolised. I move that we declare the defendant Draco Malfoy not guilty on all charges and that he be freed immediately. Can we please vote on the issue? Guilty or Not Guilty?"
The Not Guilty vote was almost unanimous and Draco was told he could leave the court a free man. However, on hearing the verdict he had collapsed in his seat and he was, for some time, unable to rise and simply sat shaking in the dock, crying. It was Luna Lovegood who eventually went over to help him, holding him whilst he wept in relief, trying to thank her.
When he was able to get up after some minutes he went and profusely thanked his Defence Counsel, the Minister and Harry Potter, then all the other's who had not even had to testify on his behalf, but had been ready to do so.
When he got to Hermione he broke down again, cried out in anguish and literally fell to his knees begging her forgiveness for what she had endured in his family home at the hands of his Aunt Bellatrix. Hermione took his hands and pulled him to his feet, saying she forgave him.
The press reporters, large numbers of whom had been admitted to the court after the trial ended, hung on his every word as, recovering his composure, he then promised all his former enemies that he truly wanted to make amends. He said that once he had got life more organised for himself and helped his mother Narcissa banish all traces of the presence of the Dark Lord still polluting their home that he would visit his father in Azkaban prison. He told them that he intended to inform Lucius that, although he still loved him as his father, he'd rejected his beliefs and that he would no longer slavishly ape his actions and opinions, that he wished to restore the good name of the Malfoys and that would not be possible if he continued down the path he had previously followed.
He added that in order to further show remorse that he intended, (as soon as he and his mother were granted access to the family vault), to make a large donation to the charity which had recently been set up to help the families of Voldemort's victims and that additionally he would be throwing a celebratory Charity Ball at Malfoy Manor later that summer, to which he invited all those present who had helped him regain his freedom to attend as his special guests.
Then, still not trusting his shattered nerves to Disapparate properly solo, Draco asked Luna's help and together they left the Ministry and headed off side-along to Malfoy Manor, where his mother joyously awaited him.
They certainly had some cleaning up to do, but hopefully all would be well.