June 2nd 2014
"And when was the last time you saw your brother yesterday evening, Mrs Barlow?"
"Oh, how many times..." Carla gritted out, rocking slightly with her head in her hands as her elbows steadied themselves on the table. With a frustrated breath, she sat back in her chair, her red, puffy eyes looking up towards the ceiling before finally settling on DS Hawthorn, "he walked me back to the flat-"
"Which flat?"
"Roy Cropper's," Carla sniffed, "above the cafe. It's where I've been staying since mid-April. Since the affair between my husband and Tina became public knowledge..."
"Go on," Hawthorn encouraged her
"He walked me back there after Tina confronted Peter and myself at the pub, during Rob's and Tracy's engagement party."
"And approximately what time was this?"
"Was that recording device not working earlier or sommit?" Carla questioned sarcastically, before exhaling in sheer frustration, "As I said before, I don't know the exact time but it were about an hour or so before I found Tina..."
"And where did your brother go after he walked you to the flat?" Hawthorn pressed
"I assumed back to the pub," Carla took a sip of water
"And why do you assume that's where he went?"
"Because I watched him as he walked back towards it,"
"Did you see him enter the pub?"
Carla let out a small grunt of discomfort, before shaking her head, "no..." She shifted uncomfortably in her seat
DS Hawthorn leaned forward in her seat, eyeing Carla carefully, "Are you alright, Mrs Barlow?"
Carla's hand pressed into the side of her abdomen, and she nodded unconvincingly, "yeah..."
CASE NUMBER 14-10-13RD
HER MAJESTY THE QUEEN
V.
ROBERT DARREN DONOVAN
CROSS-EXAMINATION OF ROBERT DONOVAN
BEFORE THE HONOURABLE MR. JUSTICE JOHN G. DAVIES
and a JURY on October 17th 2014
CROWN PROSECUTOR: And when you discovered Ms. McIntyre was indeed still alive after her fall, what did you do, Mr. Donovan? I presume you called for an ambulance immediately.
Defendant: No. No I did not.
CROWN PROSECUTOR: No? And why is that exactly? Surely after your impassioned speech just moments earlier regarding how you were actually always quite fond of Ms McIntyre and that your argument and her subsequent fall was nothing more than an unfortunate accident, or so you claim it to be, surely you would have called for an ambulance the moment her body hit the pavement below.
Defendant: I didn't call for an ambulance right away because I were in shock. Once I got my head straight, I ran out of her flat and down to the street below. And once she started moving, I had my mobile out and ready to call
CROWN PROSECUTOR: Why the hesitation, then?
Defendant: Because when I told her not to move, tha-that I was going to call her an ambulance, she started making the same threats she did up on the balcony.
CROWN PROSECUTOR: Ah. So you decided against getting her the help she so desperately needed in order to keep her quiet?
Defendant: No.
CROWN PROSECUTOR: Are you honestly trying to tell us that the thought of her not being able to point the finger at you pushing her -
DEFENCE BARRISTER: Objection, you honour!
HONOURABLE JUSTICE DAVIES: Sustained. Mr. Smith, please re-word your question.
CROWN PROSECUTOR: Apologies your honour. Mr. Donovan: are you honestly trying to tell us that the thought of her being unable to point the finger at you after her fall from the balcony never crossed your mind?
Defendant: It did cross my mind, yeah. But,
(defendant takes a long pause)
CROWN PROSECUTOR: But what, Mr. Donovan?
Defendant: She was barely able to move. She just kept struggling to push herself up. And I kept telling her not to move, that she could be doing herself more harm, but she just used whatever breath she had in her to keep spouting off more threats.
CROWN PROSECUTOR: What kind of threats?
Defendant: She kept threatening to ruin my sister's life. That she wanted nothing more than to see her suffer. She didn't care that my sister was pregnant, saying she and Peter deserved everything they had coming, even if that meant Carla losing the baby. She were just vicious and cruel. Then she threatened to shop me to the police, saying that she would tell them that I deliberately pushed her, and that it didn't matter if it were the truth or not, because I had a record and she didn't
(defendant takes a long pause)
She said that if getting me banged up was the only revenge she would be able to get on my sister then she would take what she could get.
That's why I hesitated at first. But in the end I couldn't do it. No matter what would happen to me, I couldn't just leave her there
CROWN PROSECUTOR: Really? Even after all those threats? Couldn't even imagine it?
Defendant: That's right.
CROWN PROSECUTOR: So you made the call for the ambulance, when?
Defendant: I don't know, maybe about 5 minutes after she started moving…
June 2nd 2014
"Anyone would think we've got nothing better to do," Rita said jokingly as she pushed her body away from the wall next to Tina's hospital room
"We haven't," David responded with a smirk
Rita lowered herself into a chair, gesturing for him to sit down next to her, and she looked sullenly at him, "The consultant keeps reminding me how bad her injuries are."
David nodded, his eyes moving towards the window of Tina's room, "yeah, I know but this is Tina," he said, swallowing the lump forming in his throat, "I mean I think she'll be alright..." he continued, trying to sound more positive than he felt...
"I think, someone should phone her mother," Rita whispered, trying not to choke on the words as they passed her lips, "It's Ann isn't it?"
"Uhh yeah," David agreed, "I actually think me mum's got her number..."
Rita nodded and turned her body to look back at the window where the young woman, whom she had come to love as a daughter, lay fighting for her life, "Come on love, come on," she whispered, "just try and wake up for us, just try...wake up..."
Carla dropped her purse on the table in Roy's flat before shrugging off her coat and slumping down on the sofa.
Peter exchanged a concerned look with Roy before crouching down next to his wife, his hand smoothing down her hair supportively, "Are you sure you don't want to go to the hospital, love?"
"No," she answered with a sniffle, her tear-filled eyes not removing themselves from the wall across from her, "I'm fine, honestly."
Peter furrowed his brows at her, "Car, DS Hawthorn said you were having them pains again when she were questioning you-"
"It weren't as bad as last time," she interrupted him quietly, before finally looking at him and smiling lopsidedly, "honestly, it were just a twinge and it were only for a minute or two. It's long gone away now."
"Okay, but listen: if you get any more pains, I'm taking you to A&E. No arguments, alright?"
"Okay," she whispered back, grabbing the nearest pillow and hugging it to her
"D-did the police mention anything about Rob, before you left the station?" Roy asked quietly
"At the moment he's been arrested and charged with 'assault occasioning actual bodily harm', but that may change depending on the state of Tina's condition-" Peter responded his hand coming up and rubbing his mouth
"They're calling it attempted murder now," Carla said in a deadpan voice
"What?" Peter's eyes widened, "attempted murder?", but when Carla failed to respond, he moved to sit next to her on the sofa, his arm circling around her shoulders, "Carla? How do you know that?"
"That copper, Hawthorn, implied it when she was questioning me," she answered, "she was focusing on me being up on the balcony and the fall and where I last saw Rob; and then she got called out the room by that other copper, Vanner, and when she came back she changed her questioning around. Focusing on if I first found Tina on the street and if we had a confrontation before I went up the balcony. Asked if I got into an altercation with her where she may have gotten a blow to the head."
"She was hit on the head?" Roy interjected
"I guess that's what they think happened," Carla shrugged "she wouldn't really answer any of my questions as to why the line of questioning changed except to say that they have reason to believe this may now be an 'attempted murder' investigation."
But-" Peter shook his head, "Carla, surely your brother wouldn't of-"
"No!" Carla snapped her head to Peter, "Rob may be a lot of things but he's not a murderer, Pe'er," her eyes began overflowing with tears, "he's not..." she rubbed her lips together as she tried desperately to stifle the sob that threatened to escape, "why?" she croaked out, "why did he go up there in the first place?" She collapsed onto Peter's chest, her hand gripping his t-shirt as she cried into the material
CASE NUMBER 14-10-13RD
HER MAJESTY THE QUEEN
V.
ROBERT DARREN DONOVAN
CROSS-EXAMINATION OF CARLA BARLOW
BEFORE THE HONOURABLE MR. JUSTICE JOHN G. DAVIES
and a JURY on October 15th 2014
CROWN PROSECUTOR: And how was your brother when you were growing up? Any behavioural problems?
Witness: Well, no, I mean nothing beyond what other teen boys got up to.
CROWN PROSECUTOR: Does that include his being a getaway driver for an armed robbery in 2004?
Witness: He did that to help our mother pay off her debts, not because he wanted to.
CROWN PROSECUTOR: And according to your earlier statements, anything he may have done in the past, 'he would never hurt a fly', is that fair to say?
Witness: Something like that.
CROWN PROSECUTOR: And yet when you heard him confess in the flat the afternoon the detectives came to arrest you, you didn't jump to his defense.
Witness: That's not true.
CROWN PROSECUTOR: Well according to the detectives you didn't say anything.
Witness: I was in shock at what he said, I thought I might have just imagined it
CROWN PROSECUTOR: Come, come, now Mrs. Barlow, were you actually 'in shock' when he confessed, or have you, in fact, actually been waiting for this kind of thing to happen for years! From the day you and your brother were in your teens to be precise?
[The witness does not respond.]
CROWN PROSECUTOR: You'd been waiting for this moment. In fear of it, in dread of it. But expecting it, nonetheless.
Witness: That's not true.
CROWN PROSECUTOR: Isn't it?
Witness: No
CROWN PROSECUTOR: Mrs Barlow, is it fair to say that violence runs in your family?
DEFENCE BARRISTER: Objection your honour. This line of questioning is completely improper.
HONOURABLE JUSTICE DAVIES: I'll allow the question. But tread carefully, Mr. Smith
CROWN PROSECUTOR: Mrs Barlow, is it fair to say that violence runs in your family?
Witness: Yes
CROWN PROSECUTOR: So wouldn't it be fair to assume that you've been expecting a violent turn from your little brother for quite some time now?
DEFENCE BARRISTER: Objection your honour! Counsel is testifying.
CROWN PROSECUTOR: Your honour, I am merely pointing out a history of violence in the Donovan family lineage
DEFENCE BARRISTER: You are insinuating that a person could inherit a tendency to violence, as if violence were the same hair or eye colour. That's wrong not only on the basis of biology, it's wrong in terms of the law.
CROWN PROSECUTOR: But I'm not inferring it's simply biology at all. I'm talking about your client's state of mind, what he believed at the moment he found that metal pipe sticking out tantalizing from that skip, and what his sister believed him to be capable of doing based on their upbringing and family life. And what Mrs Barlow believes about her brother is perfectly relevant and perfectly admissible as testimony. And you well know it. But, out of respect, your honour I shall withdraw the question and we can approach it another way.
HONOURABLE JUSTICE DAVIES: I'll warn you again, counselor to tread carefully.
CROWN PROSECUTOR: Mrs Barlow, have you ever heard the term "the murder gene"?
Witness: No
CROWN PROSECUTOR: Not at all
(witness shakes head, 'no')
CROWN PROSECUTOR: Well, what do you think it means?
Witness: I don't know, I'd assume it's a figure of speech.
CROWN PROSECUTOR: A figure of speech?
Witness: Well it doesn't seem to be a scientific term, but I'm not exactly a scientist, am I?
CROWN PROSECUTOR: Of course. We're all non-experts here. The murder gene, according to Duhaime's Law Dictionary, 'suggests that behavior and activities from infancy into childhood, and through adulthood, were not the products of free will as society defines this term because the individual lacked the ability to make non-impulsive, considered choices about his life's path.' Does this seem like something that might refer to your younger brother, Mrs. Barlow?
[The witness does not respond.]
CROWN PROSECUTOR: Oh, come on, Mrs Barlow, there's no reason to be shy about this. Your family history is a matter of public record after all. Let's take a step back for a moment. You, yourself have felt a lot of anxiety in your life, haven't you?
Witness: No, I only suffered from anxiety in recent years after
[witness pauses briefly]
after an incident. And a bit when I were a kid - a long time ago.
CROWN PROSECUTOR: A long time ago, okay. But you were worried—a long time ago, when you were a child—about your own family history, weren't you?
DEFENCE BARRISTER: Objection your honour, counsel is leading
HONOURABLE JUSTICE DAVIES: Sustained. Alter your question, counselor.
CROWN PROSECUTOR: Yes, your honour, apologies. Is it fair fair to say Mrs Barlow, that you've descended from a long line of violent men?
[The witness does not respond.]
CROWN PROSECUTOR: Okay, let me rephrase: is it fair to say you were brought up in a family with men, both related to you and not, who were prone to violence?
Witness: [Inaudible.]
CROWN PROSECUTOR: I'm sorry, I didn't hear you. Were you brought up within a family with men who were prone to violent behaviour, Mrs. Barlow?
Witness: Yes
June 2nd 2014
"Is the tea alright?" Carla said as she glanced to the cafe owner who sat next to her on the sofa,
"Very nice, yes," he said kindly
"Still seems strange; me making you tea when you've made me coffee nearly everyday, hey?" she continued on awkwardly, her gaze remaining fixed on the mug in her own hands
"I'm not very good at this," Roy apologized
"Good at what, Roy?" she asked, her eyes meeting his curiously
"Giving support,"
"Oh, nobody is,"
"Y-y-yeah, you are. Hayley loved your visits," He smiled at her before frowning as he watched her face fall softly at the mention of his late wife's name, "sorry..." he apologized
"That's okay," she assured him, her voice cracking as she glanced away
"I-I can't begin to understand what you're experiencing-"
"Yeah, well you couldn't, unless you've been married to Peter," she responded truthfully, "or had a brother like Rob..."
"No," he acquiesced, "sp-speaking of Peter, have you heard from him, yet?" he questioned
She shook her head, "not since he left two hours ago; He wanted to speak with Simon, and see if he could find out any information on Tina's progress from Rita or David."
"And how do you feel about," Roy trailed off slightly, "you and Peter now?"
She shrugged softly, "I don't know," she whispered, "He lied so easily to Tina about not wanting kids, how do I know that he really wants one with me?" She looked to Roy, who remained silent, "I've got these," she circled her finger near her temple, "conflicting thoughts in me mind," she rubbed her lips together, "some saying he really does love me, that he made a massive mistake and was being a coward with Tina and lying to her when he saw an opening to; but then I've got others saying that he really did want Tina, and that he's only stayed with me because I'm pregnant and he couldn't see a way out of it."
"And wh-which of those thoughts are winning out?" Roy prodded gently
"Right now: the first ones," she answered quietly, "but I don't know if that's because it's true or because I just want it to be true..."
Roy watched her carefully, her eyes gazing into the mug sadly as the hands that held it trembled slightly, "shall we go to the pub?" he asked unassuredly
Carla lifted her head and furrowed her brow, "I'm sorry, the pub?"
"The Rovers Return?" he explained further
"Why would I want to go to the pub?" she asked curiously
"I don't know," he answered honestly, "it just always seems the thing to do..."
Carla looked around a bit as she mulled his words over, "you're better at this then you think, Roy," she encouraged him, "would you just wait for me while I get changed?"
"Of-of course," he smiled, watching as she rose carefully from her place and headed towards the guest bedroom...
"How long has he been in there?" Rita asked apprehensively
"About twenty minutes now," David responded as he paced the hallway
"Hiya love, how are you" Rita asked as Steph came to stand next to her,
"Hi, I'm fine," Steph answered unconvincingly, "how's Tina?" her eyes trailed back towards the woman in the bed
"Consultant's in there with her now," David answered.
Rita grasped Steph's hand supportively, her thumb stroking the back of her hand, "we've got our fingers crossed..."
Peter slid back into the booth next to his wife, placing the lime and soda in front of her and an orange juice in front of Roy.
"So 'Chelle's gone to the hospital, then?" Carla asked him
He nodded his head, "Yeah, I didn't think my going would be well received," he took a sip of his own orange juice, before placing an arm around Carla and pulling her close to him, "I did speak to David though, before he headed back to hospital. He said the surgery had gone well, and she was in recovery, but that's all they really knew."
Carla nodded, her eyes lining with tears yet again, "I can't believe this is happening..."
"I know, love." Peter raised her fingers to his lips and pressed a soft kiss to them, "But she'll pull through, and then she'll be able to tell everyone what actually happened..."
"And if she doesn't...?" she asked, her voice barely above a whisper as she looked into his eyes, "Peter, what if she doesn't wake up?"
Peter sighed, wrapping his arms around her and pressing a soft kiss to her temple before resting his cheek against her forehead, he and Roy exchanging a worried glance towards each other...
"Hey," Michelle said as she stepped into the waiting area, accepting the hug Rita offered to her, "how is she?" she nodded to where Tina lay beyond the glass
"Surgery went well, they reduced the swelling that was putting pressure on her brain," David explained, "but they say she's still got a long ways to go to pull through," he breathed out as he watched the machines beep next to the woman in the bed, before turning back to Michelle, "is it true they've arrested Rob?"
Michelle nodded, "yeah,"
"Do you think he did this?"
Michelle shook her head, "no," she crossed her arms over her chest, "I mean he definitely struggled with her on the balcony. He's admitted fully to him trying to physically stop her going to see Carla, but that her falling were an accident. That he shoved her backwards and she stumbled and fell over," she shook her head as her eyes took in the multitude of tubes and wires that were hooked up to Tina, "but attacking her afterwards, he swears he didn't do it. He was the one who called her an ambulance-,"
"Well if he didn't do it then who did?" David questioned
Michelle shrugged, "I don't know David, but she certainly were burning a lot of bridges after everything that happened since Steve revealed her affair with Peter. She's angered a lot of people over the last few months; me, Liz, Steve, Peter, Simon, Tracy-"
"Carla..." David piped up
"Your wife..." Michelle shot back snidely, taking in a bit of satisfaction as David's bravado fell slightly at the mention of Kylie; obviously having not thought of her being a potential suspect, "point is, we don't know who it was; let's just hope Tina pulls through this and is able to shed some light as to what happened. Regardless of how I may feel about her and what she did to me best mate, she didn't deserve what happened to her-"
Michelle was interrupted as the machine next to Tina started beeping loudly
"What's that?" Rita hurried to the window as the nurses went running into the room, "No, please! What's going on?"
"Oh God, Tina..." David exhaled feeling the tears spring to his eyes at the sight of the nurses lowering the bed and tearing open the hospital gown covering Tina's prone form: one placing shock pads on her chest and side, as another nurse began chest compressions.
"We have to be strong for her," Rita sniffled, wrapping an arm around both David and Steph as Michelle took hold of David's hand, "she needs us to be strong..." she whispered as the consultant closed the blinds, obstructing their view of their attempts to resuscitate Tina...
CASE NUMBER 14-10-13RD
HER MAJESTY THE QUEEN
V.
ROBERT DARREN DONOVAN
CROSS-EXAMINATION OF ROBERT DONOVAN
BEFORE THE HONOURABLE MR. JUSTICE JOHN G. DAVIES
and a JURY on October 17th 2014
HONOURABLE JUSTICE DAVIES: Miss Jones, would you like to ask anything further of the defendant?
DEFENCE BARRISTER: No, your honour
HONOURABLE JUSTICE DAVIES: Mr. Donovan, you may step down.
[defendant is removed from witness stand]
Miss Jones, does the Defence have any further witnesses to call?
DEFENCE BARRISTER: No your honour, however my colleague and I have just been provided with some new information from Detective Sergeant Hawthorn.
HONOURABLE JUSTICE DAVIES: Go on
DEFENCE BARRISTER: In light of this new evidence, we would like to recall a witness to the stand
HONOURABLE JUSTICE DAVIES: Which witness does the defence wish to recall?
DEFENCE BARRISTER: The defence would like to recall my client's accuser-
[noise from courtroom gallery as public reacts to Defence Barrister's statement. Honourable Justice Davies raps gavel twice and calls for silence in the court]
CROWN PROSECUTOR: Your honour, the Crown objects to this request by the Defence! This is highly unorthodox!
HONOURABLE JUSTICE DAVIES: Miss Jones, provide the court clerk with the evidence submitted to you by DS Hawthorn, please
[Defence Barrister provides papers to court clerk. Clerk turns them over to Honourable Justice Davies]
[Honourable Justice Davies looks over paperwork provided to him. Raps gavel twice more and calls for silence in court again]
HONOURABLE JUSTICE DAVIES: [to clerk] please provide the paperwork to the Crown
[clerk retrieves papers from Honourable Justice Davies. Clerk turns them over to Crown Prosecution]
Miss Jones, I am inclined to agree with the Crown that your request is highly unorthodox, however, in light of this new evidence as submitted by DS Hawthorn, I will allow your request to recall the witness to the stand. Are there any objections from the Crown?
CROWN PROSECUTOR: No, your honour. The Crown will respect your honour's decision
HONOURABLE JUSTICE DAVIES: Proceed, Miss Jones
DEFENCE BARRISTER: The defence re-calls Tina McIntyre