Part Eighty One
As Jo drove towards Larkhall after her phone call with Helen, she couldn't believe she'd made such an error of judgment. She really had thought that she could persuade Helen to stand as a witness. But she was forced to admit that Helen's reasons for not appearing were faultless. Apart from what Shell Dockley could possibly tell them, Jo had a fairly complete picture of Fenner's dealings with women since Helen's arrival, but without Helen's testimony in front of a jury, all this information would mean nothing. The CPS wouldn't touch this case without Helen Stewart's back up and they'd have reservations about it even then. So, the only course of action left to Jo, was to suggest to Karen that she form a civil case against area management for not ever having Fenner thoroughly investigated when there was so much corroborating evidence to the fact that he was at the very least a corrupt prison officer. Jo would suggest to Karen that she pass on the case to George, one of the most successful and perhaps more importantly one of the most ruthless civil barristers she knew. George would dig and cajole and irritate as much as it took to get area management to admit their mistake. If a civil case were successful, this would provide the backing for a criminal case against Fenner himself without Helen Stewart having to give evidence.
Karen was sitting at her computer, wrestling with her never-ending battle between the needs of her wing and the available resources, and was surprised when her secretary informed her that a Jo Mills was at the gate to see her. Deciding to go and fetch Jo herself, Karen abandoned her budgets all too easily and walked down to the gate lodge. Ken was eyeing Jo up and down, clearly impressed at this attractive woman before him. As Karen let herself through the final gate, Ken was saying,
"You've probably prosecuted some of the women we've got in here."
"Jo," Karen said, preventing Jo from having to answer Ken's assumption. "This is a nice surprise."
"I hope you think so when you hear what I've got to tell you."
"I'll need your mobile phone before you go anywhere, Miss," Put in Ken. "New regulations, no one's allowed to take a mobile inside the prison."
"That won't be necessary, Ken," Replied Karen, "Mrs. Mills won't be having any contact with any inmates." As Jo followed Karen through the endless maze of dull corridors and locked gates, she briefly wondered how Karen could work somewhere so miserably decorated day after day.
Once they were seated in her office and Karen had asked her secretary to get them some coffee, she asked,
"So, to what do I owe the pleasure?"
"I'm not sure you'll think it such a pleasure, I've spoken to Helen Stewart." Karen had been in the process of lighting a cigarette, but held the lighter poised half way to her mouth as if time had stopped. Finally lighting the cigarette, she said,
"First, how did you find her?"
"I didn't," Replied Jo, feeling slightly uncomfortable at having involved Yvonne in this. "Yvonne tracked her down for me."
"That figures," Said Karen taking a drag. "Area management couldn't find hide nor hair of her. I'm guessing you asked Yvonne to find her because Yvonne has access to slightly dubious, slightly illegal means of finding people."
"Yes. I asked her not to tell you for the moment, because I didn't want to get your hopes up."
"Little chance of that," Said Karen drily. "There wasn't ever any hope of Helen agreeing to give evidence. I'm assuming she said no?"
"She did, though she was able to fill in a few gaps."
"So, why couldn't we find her?"
"She's changed her name. She now calls herself Helen Wade." The rapid succession of puzzlement, amazement and dawning realisation over Karen's face was almost comical.
"Wade as in Nikki Wade?"
"What makes you say that?" Karen rolled her eyes at Jo.
"Why is it that barristers always insist on answering questions with questions."
"I believe it comes with the territory. If you think I'm bad, try John. He always manages to make me tie myself in knots with my arguments. But yes, Wade as in Nikki Wade." Karen suddenly stared at Jo, her eyes growing wide in delayed shock.
"Not long after Helen left, Fenner told me that he'd found evidence of Nikki's having escaped to see Helen on the night he was stabbed. At the time, I didn't believe him. I assumed it was yet another of his lies."
"Well, it appears that this was the one time he was telling you the truth," Said Jo quietly.
"Are you serious?" Asked Karen, equally quietly.
"Perfectly. The only reason Helen told me this was because I don't have a vested interest in informing the powers that be that she aided and abetted an escaped criminal, and that Nikki Wade absconded."
"Well, quite. It'd be pretty fruitless doing anything of the kind. Jesus, it's amazing the things that can go on under your very nose."
"You never once had any idea?"
"I always knew there was something different about those two, but it never occurred to me they were lovers. I remember, not long after Helen came back, we had a death on the wing and the whole prison was on lock down. I was doing an ordinary check on the inmates, and I found Helen talking to Nikki in her cell. I couldn't explain the feeling I had, just that I'd walked in on something not meant for me. I wonder if that's why she came back in the first place."
"Possibly. There's something else that she was able to tell me about. Did Yvonne ever tell you about Fenner's having dealings with another inmate, Virginia O'Kane?"
"Yes, she did, a few days before giving me the biggest bruise I've ever had."
"Yes, she told me about that. How much notice did you take of this assertion at the time?"
"Considering that it was followed up by an escape attempt, not much. But I did go through Fenner's bank statements, which didn't yield anything. But I have no doubt that it's true. What did Helen know about that?"
"It was Helen who Yvonne took her original suspicions too. Helen caught Fenner coming out of one of O'Kane's brothels, and attempted to blackmail him in to resigning, which is when he went on the hunt for evidence against her."
"Christ," Said Karen in awe, "She's got more guts than me."
"If you want an honest opinion," Said Jo, "I think you're as brave as each other. In talking at length to both of you, I know that the legal profession lost two potentially brilliant barristers when you decided to work for the prison service. However, what you need to realise, is that no legal mind in the CPS is going to touch this case as it currently stands. I've talked to them at length, and as I've worked for them for years, they usually take my recommendation on face value. But they won't allow me to go ahead with a prosecution."
"Is that because of Helen's refusal to give evidence?" Karen didn't sound angry, just resigned.
"Partly, but there is still far too much circumstantial evidence. I would like to suggest an alternative course of action."
"What, have him finished off down some dark alley?" Jo grinned.
"I would prefer not to have to defend you on a charge of murder. The other option you have, is to form a civil case against area management for not ever having had Fenner investigated thoroughly. Whilst we might not have enough evidence to construct a criminal case, there is enough to force area management followed by the police, to investigate his goings on here properly. If a civil case were to produce a satisfactory result, this would provide the backing necessary for a future criminal case."
"Well, at least all avenues aren't closed."
"Not in the slightest. It's simply going to take longer, that's all. Now, as civil work is not my speciality, I would like to pass your case temporarily on to someone else. You remember that when we began work on this case, I asked you for permission to use another barrister as a sounding board? Well, I talked to George Channing. Civil work is her speciality, and whilst she might have made something of a shambles of the Merriman/Atkins case, I can say with total certainty that she won't do the same with this case. I will still be on the sidelines, ready to pick up the reins for the criminal prosecution, but George really does know what she's doing in prosecuting the establishment."
"Okay, if you think that's the only way Fenner's ever going to get what's coming to him."
"As the case stands, I can't do any more with it at the moment. We need the backing of a successful civil case against area management to get this anywhere near a courtroom."
"Have you asked George if she'll do it?"
"No, not yet, but she's seen just about everything there is to see on this case, and I'm fairly sure she won't say no. Incidentally, she was my source for all the information I managed to find on Fenner. Do you remember a Mrs. Warner, who investigated the escape of Shell Dockley and Denny Blood? Well, she was once one of George's clients and owed George a favour. She repaid her professional debt by giving George the area management files on as many of my witnesses as possible during the Merriman/Atkins trial."
"Jesus," Said Karen with a broad smile, "You barristers are more devious than I already thought you were."
"I think it's part of having to be always one step ahead of the opposition."
"How was Helen when you spoke to her?"
"Angry," Replied Jo succinctly. "Despite changing her name and doing a different job, she hasn't even begun to move on from what Fenner did to her."
"I know you thought it was worth it," Said Karen quietly, "but I really wouldn't have suggested contacting Helen. For me, the idea of standing up in court and giving evidence against him is a foregone conclusion, because I see him and have to talk to him every day of my working life. But for Helen, it's different. She's no longer used to having that kind of contact with him, and I suspect that simply being in the same room as him would frighten the living daylights out of her, and after the way I treated her, I haven't got any right to expect her to put herself through that."
"I know, and I know I should have discussed it with you first."
"Don't worry. Anything was probably worth a try with this one."
A while later as Karen was walking back downstairs with Jo, they were accosted by Fenner.
"Whose bright idea was it to put McKenzy on enhanced?" Was his abrupt enquiry.
"Mine," Said Karen, stopping in her tracks and turning to face him.
"Why?"
"Because I thought she deserved it, what other reason is there."
"But McKenzy's a nutter. Putting her up on enhanced is asking for trouble."
"First," Said Karen, pinning Fenner to the spot with her iron-like resolve, "She's behaved extremely well since the trial, and second, you know better than to question me on this. Go any further with this and you'll be joining Sylvia and Di in the queue to collect your P45 one day soon. Is that clear?"
"Crystal," Said Fenner icily, not willing to risk a scene in front of an onlooker. Then, he seemed to take note of exactly who was accompanying Karen. "Oh, hello," He said to Jo. "To what do we owe the pleasure?"
"I assure you, Mr. Fenner," Replied Jo, just as genially, "The pleasure in meeting you again certainly isn't mine." When they finally reached the carpark, Karen said,
"He's not used to being so thoroughly cut down to size."
"You looked like you were doing pretty well on your own," Commented Jo. Then, as she opened her car door, she said, "I'll talk to George, and let you know."
When Yvonne answered the phone a short time later, Karen simply said,
"Give me Helen and Nikki's number."
"Why?"
"Yvonne, for once in your life, please just do it."
"Are you cross with me?" Karen laughed.
"I should be, but no. It says something about the pathetic workings of the establishment that we searched and searched for Helen, but you managed to track her down in a couple of days. I'm assuming you found her through Nikki?"
"Yeah, she's still running the club she had before she got sent down. Has Jo been to see you then?"
"Yes. Helen won't be a witness, not that I blame her, but then I wouldn't have suggested contacting her in the first place."
"Do you really think talking to her is such a good idea?"
"Yes. If for no other reason than that I owe her an apology or three. So, can I have their number, please?"
"Fine," Said Yvonne with a smile, "But don't tell her where you got it, or Nikki'll kill me."
As Jo drove towards Larkhall after her phone call with Helen, she couldn't believe she'd made such an error of judgment. She really had thought that she could persuade Helen to stand as a witness. But she was forced to admit that Helen's reasons for not appearing were faultless. Apart from what Shell Dockley could possibly tell them, Jo had a fairly complete picture of Fenner's dealings with women since Helen's arrival, but without Helen's testimony in front of a jury, all this information would mean nothing. The CPS wouldn't touch this case without Helen Stewart's back up and they'd have reservations about it even then. So, the only course of action left to Jo, was to suggest to Karen that she form a civil case against area management for not ever having Fenner thoroughly investigated when there was so much corroborating evidence to the fact that he was at the very least a corrupt prison officer. Jo would suggest to Karen that she pass on the case to George, one of the most successful and perhaps more importantly one of the most ruthless civil barristers she knew. George would dig and cajole and irritate as much as it took to get area management to admit their mistake. If a civil case were successful, this would provide the backing for a criminal case against Fenner himself without Helen Stewart having to give evidence.
Karen was sitting at her computer, wrestling with her never-ending battle between the needs of her wing and the available resources, and was surprised when her secretary informed her that a Jo Mills was at the gate to see her. Deciding to go and fetch Jo herself, Karen abandoned her budgets all too easily and walked down to the gate lodge. Ken was eyeing Jo up and down, clearly impressed at this attractive woman before him. As Karen let herself through the final gate, Ken was saying,
"You've probably prosecuted some of the women we've got in here."
"Jo," Karen said, preventing Jo from having to answer Ken's assumption. "This is a nice surprise."
"I hope you think so when you hear what I've got to tell you."
"I'll need your mobile phone before you go anywhere, Miss," Put in Ken. "New regulations, no one's allowed to take a mobile inside the prison."
"That won't be necessary, Ken," Replied Karen, "Mrs. Mills won't be having any contact with any inmates." As Jo followed Karen through the endless maze of dull corridors and locked gates, she briefly wondered how Karen could work somewhere so miserably decorated day after day.
Once they were seated in her office and Karen had asked her secretary to get them some coffee, she asked,
"So, to what do I owe the pleasure?"
"I'm not sure you'll think it such a pleasure, I've spoken to Helen Stewart." Karen had been in the process of lighting a cigarette, but held the lighter poised half way to her mouth as if time had stopped. Finally lighting the cigarette, she said,
"First, how did you find her?"
"I didn't," Replied Jo, feeling slightly uncomfortable at having involved Yvonne in this. "Yvonne tracked her down for me."
"That figures," Said Karen taking a drag. "Area management couldn't find hide nor hair of her. I'm guessing you asked Yvonne to find her because Yvonne has access to slightly dubious, slightly illegal means of finding people."
"Yes. I asked her not to tell you for the moment, because I didn't want to get your hopes up."
"Little chance of that," Said Karen drily. "There wasn't ever any hope of Helen agreeing to give evidence. I'm assuming she said no?"
"She did, though she was able to fill in a few gaps."
"So, why couldn't we find her?"
"She's changed her name. She now calls herself Helen Wade." The rapid succession of puzzlement, amazement and dawning realisation over Karen's face was almost comical.
"Wade as in Nikki Wade?"
"What makes you say that?" Karen rolled her eyes at Jo.
"Why is it that barristers always insist on answering questions with questions."
"I believe it comes with the territory. If you think I'm bad, try John. He always manages to make me tie myself in knots with my arguments. But yes, Wade as in Nikki Wade." Karen suddenly stared at Jo, her eyes growing wide in delayed shock.
"Not long after Helen left, Fenner told me that he'd found evidence of Nikki's having escaped to see Helen on the night he was stabbed. At the time, I didn't believe him. I assumed it was yet another of his lies."
"Well, it appears that this was the one time he was telling you the truth," Said Jo quietly.
"Are you serious?" Asked Karen, equally quietly.
"Perfectly. The only reason Helen told me this was because I don't have a vested interest in informing the powers that be that she aided and abetted an escaped criminal, and that Nikki Wade absconded."
"Well, quite. It'd be pretty fruitless doing anything of the kind. Jesus, it's amazing the things that can go on under your very nose."
"You never once had any idea?"
"I always knew there was something different about those two, but it never occurred to me they were lovers. I remember, not long after Helen came back, we had a death on the wing and the whole prison was on lock down. I was doing an ordinary check on the inmates, and I found Helen talking to Nikki in her cell. I couldn't explain the feeling I had, just that I'd walked in on something not meant for me. I wonder if that's why she came back in the first place."
"Possibly. There's something else that she was able to tell me about. Did Yvonne ever tell you about Fenner's having dealings with another inmate, Virginia O'Kane?"
"Yes, she did, a few days before giving me the biggest bruise I've ever had."
"Yes, she told me about that. How much notice did you take of this assertion at the time?"
"Considering that it was followed up by an escape attempt, not much. But I did go through Fenner's bank statements, which didn't yield anything. But I have no doubt that it's true. What did Helen know about that?"
"It was Helen who Yvonne took her original suspicions too. Helen caught Fenner coming out of one of O'Kane's brothels, and attempted to blackmail him in to resigning, which is when he went on the hunt for evidence against her."
"Christ," Said Karen in awe, "She's got more guts than me."
"If you want an honest opinion," Said Jo, "I think you're as brave as each other. In talking at length to both of you, I know that the legal profession lost two potentially brilliant barristers when you decided to work for the prison service. However, what you need to realise, is that no legal mind in the CPS is going to touch this case as it currently stands. I've talked to them at length, and as I've worked for them for years, they usually take my recommendation on face value. But they won't allow me to go ahead with a prosecution."
"Is that because of Helen's refusal to give evidence?" Karen didn't sound angry, just resigned.
"Partly, but there is still far too much circumstantial evidence. I would like to suggest an alternative course of action."
"What, have him finished off down some dark alley?" Jo grinned.
"I would prefer not to have to defend you on a charge of murder. The other option you have, is to form a civil case against area management for not ever having had Fenner investigated thoroughly. Whilst we might not have enough evidence to construct a criminal case, there is enough to force area management followed by the police, to investigate his goings on here properly. If a civil case were to produce a satisfactory result, this would provide the backing necessary for a future criminal case."
"Well, at least all avenues aren't closed."
"Not in the slightest. It's simply going to take longer, that's all. Now, as civil work is not my speciality, I would like to pass your case temporarily on to someone else. You remember that when we began work on this case, I asked you for permission to use another barrister as a sounding board? Well, I talked to George Channing. Civil work is her speciality, and whilst she might have made something of a shambles of the Merriman/Atkins case, I can say with total certainty that she won't do the same with this case. I will still be on the sidelines, ready to pick up the reins for the criminal prosecution, but George really does know what she's doing in prosecuting the establishment."
"Okay, if you think that's the only way Fenner's ever going to get what's coming to him."
"As the case stands, I can't do any more with it at the moment. We need the backing of a successful civil case against area management to get this anywhere near a courtroom."
"Have you asked George if she'll do it?"
"No, not yet, but she's seen just about everything there is to see on this case, and I'm fairly sure she won't say no. Incidentally, she was my source for all the information I managed to find on Fenner. Do you remember a Mrs. Warner, who investigated the escape of Shell Dockley and Denny Blood? Well, she was once one of George's clients and owed George a favour. She repaid her professional debt by giving George the area management files on as many of my witnesses as possible during the Merriman/Atkins trial."
"Jesus," Said Karen with a broad smile, "You barristers are more devious than I already thought you were."
"I think it's part of having to be always one step ahead of the opposition."
"How was Helen when you spoke to her?"
"Angry," Replied Jo succinctly. "Despite changing her name and doing a different job, she hasn't even begun to move on from what Fenner did to her."
"I know you thought it was worth it," Said Karen quietly, "but I really wouldn't have suggested contacting Helen. For me, the idea of standing up in court and giving evidence against him is a foregone conclusion, because I see him and have to talk to him every day of my working life. But for Helen, it's different. She's no longer used to having that kind of contact with him, and I suspect that simply being in the same room as him would frighten the living daylights out of her, and after the way I treated her, I haven't got any right to expect her to put herself through that."
"I know, and I know I should have discussed it with you first."
"Don't worry. Anything was probably worth a try with this one."
A while later as Karen was walking back downstairs with Jo, they were accosted by Fenner.
"Whose bright idea was it to put McKenzy on enhanced?" Was his abrupt enquiry.
"Mine," Said Karen, stopping in her tracks and turning to face him.
"Why?"
"Because I thought she deserved it, what other reason is there."
"But McKenzy's a nutter. Putting her up on enhanced is asking for trouble."
"First," Said Karen, pinning Fenner to the spot with her iron-like resolve, "She's behaved extremely well since the trial, and second, you know better than to question me on this. Go any further with this and you'll be joining Sylvia and Di in the queue to collect your P45 one day soon. Is that clear?"
"Crystal," Said Fenner icily, not willing to risk a scene in front of an onlooker. Then, he seemed to take note of exactly who was accompanying Karen. "Oh, hello," He said to Jo. "To what do we owe the pleasure?"
"I assure you, Mr. Fenner," Replied Jo, just as genially, "The pleasure in meeting you again certainly isn't mine." When they finally reached the carpark, Karen said,
"He's not used to being so thoroughly cut down to size."
"You looked like you were doing pretty well on your own," Commented Jo. Then, as she opened her car door, she said, "I'll talk to George, and let you know."
When Yvonne answered the phone a short time later, Karen simply said,
"Give me Helen and Nikki's number."
"Why?"
"Yvonne, for once in your life, please just do it."
"Are you cross with me?" Karen laughed.
"I should be, but no. It says something about the pathetic workings of the establishment that we searched and searched for Helen, but you managed to track her down in a couple of days. I'm assuming you found her through Nikki?"
"Yeah, she's still running the club she had before she got sent down. Has Jo been to see you then?"
"Yes. Helen won't be a witness, not that I blame her, but then I wouldn't have suggested contacting her in the first place."
"Do you really think talking to her is such a good idea?"
"Yes. If for no other reason than that I owe her an apology or three. So, can I have their number, please?"
"Fine," Said Yvonne with a smile, "But don't tell her where you got it, or Nikki'll kill me."
