Draco's Trial

"Good morning, Harry." Arthur Weasley spoke from the kitchen table as Harry walked into the room. Ginny, Ron, and Hermione were also sitting at the table.

"Morning, Sir." Harry replied then greeted everyone else at the table. He took a seat next to Ginny and grabbed some toast and jam.

"Did you sleep well then, Harry?" Arthur asked looking up from his Daily Prophet.

"Yes, Sir," Harry answered quietly as he looked at the front page of the Prophet. Staring back at him was a picture of Draco Malfoy behind a metal door with a single glass window in the center of the door. What bothered Harry the most was that Malfoy was wearing his all too familiar sneer.

"I can't believe he is smiling," Harry said loudly. "He is in prison awaiting trial for murder and being a Death Eater, and he is smiling!"

"Harry, it is Malfoy." Ginny spoke. "What did you expect?"

"I want to see him understand the pain that him and his people have caused a lot of people. I want to see him miserable and suffering." Harry spoke quietly through his teeth. No one was talking and Arthur put the paper down.

"Harry, we all want to see criminals pay for what they have done. But as Ginny said, this is Malfoy, I doubt even if convicted you will see anything less than that sneer on his face." Arthur answered Harry quietly.

"I know, I just don't understand why there even has to be a trial. We all know what he did, we know he killed Professor O'Bannon, we know he was helping the Death Eaters and we know he was chasing Ginny." Ron spoke for the first time.

"Well, Ron, that is where the problem really is. We know that his wand killed Professor O'Bannon, and that it stunned Ms. Stayton, the fifth year with Ginny that day and Ginny herself. But we don't have any witnesses that saw him with Death Eaters or cast the killing curse on the Professor." Arthur explained. "That is why we need witnesses today at the trial to tie all of those incidents together."

"Then why am I testifying today?" Ginny asked with a confused expression on her face. "I never saw Draco that day."

"It will become clear at the Trial. We need to get going so finish your breakfast and get dressed, our Portkey leaves in thirty minutes," Arthur said with a smile.

The group finished their breakfast quickly and went to get dressed. Harry was the last to return to the kitchen in a pair of black dress robes with his Order of Merlin sash around his neck.

"Everyone one ready then?" Arthur asked as he picked a plate up off the table and turned it into a Portkey. "Everyone take hold."

Molly, Ron, Ginny and Hermione all placed a hand on the plate. Harry was the last to put his hand on the plate, as soon as he did Harry felt a familiar tug from behind his navel and then the world seemed to spin. Almost instantly Harry felt his feet touch back down on the ground, he didn't even lose his balance this time.

"Ron, Hermione, you won't be testifying today so go with Molly and take a seat." Arthur spoke. "Harry, Ginny, come with me and we will get you ready in the waiting room. An Auror will come get you when it is your turn to testify; when you are done you will stay inside the trial chamber. Ginny, I think they will call you out first."

Arthur led them down the same corridor that he had led Harry down two years ago for his trial. They walked passed the door into the Trial Chamber and into the next one. The room they entered was a small room with a second door opposite the one they had entered. There was a small table in the center of the room surrounded by four chairs. There was also a couch along one wall. On the table was a tray covered in treats and snacks, there were also pitchers of pumpkin juice and milk on the table.

"I'm nervous, Harry." Ginny spoke as she sat down on the couch.

"Don't worry, Ginny. Everything will be ok, just tell them the truth to the questions they ask. And remember, you aren't the one on trial." Harry tried to comfort her.

Ginny smiled at her boyfriend as he sat down next to her on the couch. They waited for what seemed like forever. Neither could think of anything to say, although Harry wouldn't say it he was nervous too. Finally the second door had opened and Kingsley Shacklebolt walked into the room.

"They are ready for you, Ginny." Kingsley smiled at Ginny as she hugged Harry.

"You will be fine, Gin." Harry reassured her.

Ginny and Kingsley walked out of the room and closed the door behind them. Harry couldn't sit down anymore; he stood up and began pacing the room. He began going over his testimony in his head. Finally, Harry sat down in one of the chairs surrounding the table and began to eat a piece of Treacle Fudge. Harry was on his third piece of fudge when Kingsley opened the door and told Harry they were ready. Harry stood up, took a drink of pumpkin juice and straightened his robes before he followed Kingsley out of the room.

Harry looked into the room and could see that it was indeed the same circular chamber he had been in for his hearing. He quickly looked around the room and found Ginny sitting next to the rest of the Weasley's; to his relief she looked relaxed and even had a smile on her face. Harry looked to the center of the room and saw Draco sitting in the same chair Harry had. The difference was that Draco was chained to the chair. As Kingsley led Harry to the witness chair Harry could see that many of the Wizengamot members were smiling at Harry. Harry took his oath to tell the truth and sat down.

"Mr. Potter," Arthur Weasley began speaking from Harry's right. "Can you describe to us, the events of May Thirtieth, 1997?"

"Yes, Sir." Harry spoke looking directly at the Minister. "Up until lunch it had been a pretty normal day, no signs that an attack was coming or anything. Then just after lunch Fawkes, Professor Dumbledore's Phoenix, appeared in front of me."

"And why is that significant, Mr. Potter?" Arthur asked trying not to sound to authoritative.

"Because, Sir. Fawkes was the way that Professor Dumbledore and I were alerted that an attack was underway."

"What were you to do when Fawkes came to you?" Arthur asked.

"I sent my Patronus through the school to inform members of the DA and the staff that there was an attack." Harry didn't like having to answer all of these questions, especially because there were parts of the story he had to leave out to protect members of the Order.

"What is the DA?" An elderly witch in the Wizengamot asked.

"The DA is a defense club at Hogwarts, Ma'am." Harry answered the witch hoping she wouldn't ask the name of the group.

"What does DA stand for, Mr. Potter?" The same witch asked. Harry looked to Professor Dumbledore who gave him a small nod before answering.

"DA stands for," Harry took a deep breath before answering, "Dumbledore's Army." Harry could hear a low murmur build up in the chamber.

"Dumbledore's Army?" A wizard in the Wizengamot shouted.

"Yes, Dumbledore's Army, we started it in my fifth when Umbridge became our Defense Against the Dark Arts teacher and it was clear she wouldn't be teaching us anything useful. We named it that because we felt it was a fitting name since Fudge was apparently afraid of Professor Dumbledore forming an army. Professor Dumbledore didn't even know about it until later in the year. What does this have to do with the current trial anyways?"

"To right, Mr. Potter. Please everyone will restore order." Arthur regained control of the crowd. "Mr. Potter, please continue."

"Like I was saying. I was to inform the school..." Harry was uninterrupted by the witch from earlier.

"Why couldn't Professor Dumbledore inform the school?"

"I would imagine that would be because he had to inform Minister Weasley and the Auror's about the attack." Harry replied beginning to feel slightly angry. "Once my Patronus informed the DA they were to put our plan into action."

"What plan?" This time it was the wizard who uninterrupted Harry.

"The plan that I came up with along with Professor Dumbledore." Harry was sure his face was turning red now. "We came up with a plan in case there were an attack on Hogwarts."

"And that plan would be?" The witch asked.

"The plan was to have members of the DA in their fourth year, lead by Robert Tooker and Kaylee Rose, gather all students in their year or lower and take them to the Wizengamot Council Lounge. Fifth and sixth year students, lead by Ginny Weasley and Colin Creevy were to defend the staircases leading to the Council Lounge. Ronald Weasley, Hermione Granger, and myself stood with the staff to defend Hogwarts. Seventh year students were asked to also defend the path to the Lounge but if they must fight to remain in the castle and act as back up to the staff and Aurors as they arrived."

"What happened after you sent your Patronus, Mr. Potter?" Arthur was once again asking the questions.

"The staff and the members of the DA were met by Tom Riddle and his followers in the Main Entrance of Hogwarts. Fighting broke out almost instantly and Riddle ran away. I followed him and began fighting with him out on the grounds, some time later he used the killing curse but Ginny Weasley who was under the protection of a spell blocked it. She was hit immediately after that by a stunning spell cast by Draco Malfoy who followed her out of the castle."

"Did you see Draco Malfoy at any point prior to that moment?" A greasy haired wizard asked from Harry's left.

"Mr. Potter, this is Ivan Memlock, he is Mr. Malfoy's defense wizard, and you may answer his questions." Arthur informed Harry.

"No, I did not see Malfoy before that." Harry answered honestly.

"So how can you be sure that Draco was the one to kill Professor O'Bannon or stun Mr. Stayton?" Memlock questioned.

"I can't be certain of that, it was his wand though, that cast the spells and he had his wand with him when he cast the stunning spell at Ginny." Harry spoke and a quiet murmur of agreeing swept through the chamber.

"Couldn't someone else have used Draco's wand and then given it back?" Memlock was doing his best to save Malfoy.

"I guess that would have been possible, but I doubt it." Memlock interrupted Harry before he could continue.

"What you doubt doesn't matter in this room, Mr. Potter. Mr. Minister and members of the Wizengamot Council, I request that Mr. Malfoy be released as there is no evidence that he actually cast those spells."

"The Wizengamot Council has more witnesses they wish to call, Mr. Memlock." Dumbledore spoke for the first time. "Mr. Potter, you may take your seat. Thank you. Mr. Shaklebolt, please bring in the next witness."

Harry had sat down and took Ginny's hand when the door down on the ground level where Kingsley lead Robert Tooker out of a holding cell. Robert looked tired, his hair was long and unkempt, and he had dark circles under his eyes. His feet and hands were bound, as he was lead into the room. Kingsley sat him in a second chair and chained him to it.

"Mr. Tooker, I have been informed that you are now ready to speak with us." Arthur said looking down at Robert.

"Yes, Sir." A very tired voice came out of Robert's mouth.

"Very well then, what have you got to tell us?" Arthur asked as every witch and wizard leaned forward to hear Robert.

"I wasn't under the Imperius Curse. I was acting as a spy for Draco and the Death Eaters. I had been since before the term started, when Potter put me in charge of taking the students to safety I told Draco the whole plan and we came up with one of our own. Himself along with, Crabbe, Goyle and their fathers would wait in a classroom under an invisibility cloak until I came and got them. Then they would look for any students that were hiding and stun them and take them prisoner. When they were done with that they would begin attacking the staff and DA from behind. I was caught by Ginny Weasley, the next thing I knew I was a prisoner."

"Did you see Draco cast any spells?" Memlock asked Robert.

"No. But he did tell me that if he had the chance he would kill any teacher that got in his way, the Dark Lord told him to." Robert answered; this time there was a loud roar from the crowd. Several minutes later when Mr. Weasley had succeeded in quieting down the crowd he sent Shacklebolt out of the room for the next witness. Kingsley returned with Crabbe, again he chained him into a chair in the center of the room.

"Vincent Crabbe, you were with Draco Malfoy on the day of the attack correct?" Arthur Weasley asked.

"Yes, Sir. But I wasn't the only one, my father and Gregory Goyle were there too. Tooker and Goyle's father went the other direction." Crabbe answered in a low voice.

"What happened when your group searched the halls?" Arthur continued asking the questions.

"Professor O'Bannon came running at us telling us that Death Eaters were attacking. He fell down when he saw that we were with Death Eaters. He stunned Goyle and my dad. Then he died." Crabbe answered unremorsefully.

"Did you kill him?" Was the next question.

"No." Crabbe answered; Harry knew what was coming next.

"And your father and Goyle were stunned?" Arthur asked.

"Yes."

"So, then Draco Malfoy killed Professor O'Bannon?" The question everyone had been waiting for.

Silence filled the chamber as they waited for the answer. Crabbe had decided that, that was one answer he was not going to answer. He remained silent until Memlock began speaking again.

"Members of the Wizengamot all you have here is an admission that these three boys were involved with Death Eaters nothing more." Memlock smiled, "I once again request that you release Draco Malfoy."

Albus Dumbledore lead the members of the Wizengamot out of the chamber for a short break while they discussed their decision. The witches and wizards who were in the room all began talking to each other while they waited. Harry could hear calls for Azkaban or another wizard prison; there were other calls for their release. Ten long minutes later Dumbledore lead the Wizengamot back into the chamber.

"This was a very difficult decision to make." Dumbledore began to give his verdict. "The Wizengamot Council has found..."

A/N I know evil cliffie is back sorry.