A/N: I own nothing you recognize.
Sorry for the delay. This chapter was tougher to write than I expected.
Ch 9 – The Hearing
Hermione walked into the courtroom, followed by Draco, Lyra and Severus. She took her seat; Draco sat next to her, with Lyra and Severus directly behind her. Her eyes surveyed the other occupants of the room. Kingsley Shacklebolt, Amos Diggory, and Robert Hilliard were the Interrogators for the case. Harry Potter sat as a member of the Wizengamot, as did Arthur Weasley, Andromeda Tonks, former Auror Gawain Robards, Minerva McGonagall and about forty others. In the gallery, Hermione nodded to Bill Weasley and Filius Flitwick.
Amos Diggory would take the leading role, as the Head of the Department of Magical Law Enforcement. Hermione knew that this was Robert's first case as the Senior Undersecretary to the Minister.
"Ladies and gentleman, Malfoy Industries has asked for an audience today. The company has asked for the Wizengamot to consider an exception to the International Statute of Secrecy. Advocate Granger will be presenting the case for Malfoy Industries. I understand that you have several witnesses available to answer questions from the Wizengamot."
"That is correct, Minister."
"The Department for the Misuse of Magic will be represented by Lead Prosecutor Percy Weasley. Advocate Weasley, I understand that you have a witness to call as well."
"Yes, sir, Minister Shacklebolt."
"Very well, we will begin with Advocate Weasley's opening statement."
"Ladies and Gentlemen of the Wizengamot, the matter before us is simple. The agents of Malfoy Industries deliberately flouted the International Statute of Secrecy. They marketed no less than seven illegal substances directly to Muggles. They did so with blatant contempt for Muggle safety or the secrecy of our world. This request is merely a legal smokescreen they have filed in an attempt to protect themselves from criminal prosecution. We will prove today that not only should their request be denied, but the company should be sanctioned for its flagrant disregard for the law."
"Advocate Granger, your opening statement please."
"Ladies and Gentlemen, this matter is anything but simple. Malfoy Industries and the Muggle subsidiary Black Pharmaceuticals has developed or improved approximately twenty medications in the twelve years since the war. These products were developed using tried and true research procedures, both Muggle and magical. They were rigorously tested by all applicable governing bodies before they were administered to any Muggles. The products have been immensely successful, saving thousands of Muggle lives and improving the quality of many more Muggles. Many of the specific allegations brought forth by the Department of the Misuse of Magic are patently false. Malfoy Industries does acknowledge that Ministry approval should have been pursued prior to the distribution of some of the products, but ambiguities in the law made the proper course of action unclear. Malfoy Industries and Black Pharmaceuticals are represented here today to present the facts to the Wizengamot and develop a strategy going forward that will benefit both the magical and Muggle communities."
"Thank you both. Now, Advocate Weasley, please elaborate on the charges of past violations."
Certainly, Minister. Here is the list of products marketed to Muggles that contain magic:
Formula 3 – This potion treats a neurological condition. It uses magic and was distributed to Muggles.
Formula 7 – This is a slightly modified Blood Plenisher; again this was administered to Muggles in violation of the International Statute of Secrecy.
Formula 9 – This is a sedative also administered to Muggles in hospitals.
Formula 12 – This fertility potion has been made available to Muggle doctors to prescribe to their Muggle patients.
Formula 18 – This is an anti-nausea potion that Muggle doctors use in hospitals.
Formula 22 – This is anti-scar treatment sold directly to Muggles, without even the interaction of a Muggle doctor.
Formula – 24 – This potion is used for Muggles with heart disease to counteract the effects of a poor diet."
"All of these products use magical ingredients and are illegal in their current form. They have all been sold directly to Muggles." Percy smiled smugly at the Wizengamot.
Kingsley turned to Hermione. "What say you to these charges?"
"Minister, I would like to address Formulas 3, 12, and 24 last. As for Formulas 7, 9, 18 and 22, it appears that the Ministry has been given false information. I would like to address them one at a time.
"First, let's turn our attention to Formula 7 and Formula 9. These products have been approved by Muggle authorities for use on Muggles. Please see Exhibits 1 and 2 for documentation of the testing protocols on these two products. These documents detail the results of the safety tests as well as the high level of effectiveness of these products. Every precaution was taken to ensure Muggle safety.
Further, what Advocate Weasley may not be aware of is that these products were not marketed directly to Muggles or Muggle physicians. They were only prescribed by Healers, all of whom were licensed to practice on Muggles by their local governing bodies. It is common practice for Healers to use magical products on Muggles under controlled circumstances. The only legal requirement is that the product be fully tested by Muggle authorities, which has been completed and can be seen in Exhibits 1 and 2.
There is nothing illegal about this practice. Healer Smethwyck is in the gallery today. Healer Smethwyck, please come forward."
Healer Smethwyck was sworn in. "Healer Smethwyck, does St. Mungo's treat Muggles?"
"Ocasionally, we do. Usually, it is the result of a magical accident, but occasionally, we help in the case of an emergency or natural disaster."
"And are magical remedies ever used?"
"Yes, Advocate Granger. This practice has documented since the 1940s. Muggle hospitals were overrun with victims of the Muggle war. St. Mungo's treated Muggles as well as wizards during this time and frequently used Wizarding healing techniques. After the war ended, the restrictions were added regarding Muggle testing. That is the only major change in practice."
"So, in your opinion, were there any legal ramifications to the use of these two potions on Muggles?"
"No."
"Several other Chief Healers at other hospitals have provided Affidavits regarding the use of these two products. Please see Exhibits 3 through 7 for testimony from the U. S., France, Italy, Canada, and Australia.
"Formulas 7 and 9 are not in violation of the International Statute of Secrecy. Exhibits 8 and 9 are detailed distribution reports for Formulas 7 and 9 respectively. As you will see, it was only sold to licensed magical hospitals, for use on Muggle patients under strict Healer supervision.
"I would like to move that the Wizengamot remove them from the Injunction on the grounds that there is no misuse of magic. Further, I move that the Wizengamot remove them from the list of illegal activities requiring sanctions."
Hermione paused for effect. The members of the Wizengamot all looked thoughtful. Percy looked horrified. It seemed that he had not even researched exactly how each of the products was distributed. If he had failed to do his homework, she would be able to discredit the case in general. She hoped this would help convince the Wizengamot that this investigation was an inquisition that was based on emotion rather than fact.
Amos Diggory turned to Healer Smethwyck. "Healer Smethwyck, to your knowledge, were these two products administered in a legal fashion?"
"Yes, sir. St. Mungo's has worked with Malfoy Industries and Black Pharmaceuticals for several years to ensure these two products were used properly. Given the protocols that were followed, there was no need for Ministry involvement."
"Thank you Healer Smethwyck. What say you, Advocate Weasley? Do you wish to revise the charges?"
"I would like the Wizengamot to vote on the matter."
Hermione smirked. Percy wasn't going to give up easily. But the more stubborn he was, the less credibility he would have when they reached the products that were actual violations. He was playing right into her hands.
Severus gave Lyra a subtle look. She smiled discreetly. They both knew Hermione's strategy. Discredit the other side slowly on the easy charges. Make it look like a witch hunt. Then when the more difficult charges came up, she would already have the Wizengamot seeing things her way. At that point, she could use her arguments about the good that could be done and convince them that the 'procedural error' was just bureaucratic nonsense.
"Very well, Mr. Weasley." Amos Diggory turned to his colleagues. "Members of the Wizengamot, please note that the motion on the floor is to dismiss the charges regarding Formulas 7 and 9 based on the evidence provided by Advocate Granger and the testimony of Healer Smethwyck. If anyone has any questions, please put them forth now." There was no reaction from the Wizengamot.
"All in favor of amending the injunction and sanctions as suggested, please raise your hands." Almost all of the Wizengamot raised their hands.
"So noted. The injunction is hereby lifted for Formulas 7 and 9. There will be no sanctions related to these products. Advocate Granger, please proceed."
"Thank you, sir. Next, I would like to address Formulas 18 and 22. The Ministry has provided no proof that these products are magical in nature. The Misuse of Magic office is acting upon the word of an employee that was operating on limited information. I would like to question Ms. Edgecombe."
"Very well, Advocate Granger. Ms. Edgecombe, please come forward." Marietta Edgecombe took the seat in the middle of the room. The heavy bangs she had worn in her later years of Hogwarts were gone. The scars from the 'Sneak' hex were completely gone. Hermione smirked as she knew the reason why.
"Ms. Edgecombe, please tell us what your role was at Malfoy Industries before you went on paid leave."
"I worked in the accounting department."
"Ms. Edgecombe, please tell us how you learned that the company was using magical ingredients in Muggle potions."
"I found records of a transfer of Potions ingredients from Malfoy Industries to Black Pharmaceuticals."
"Can you tell me which ingredients were used for which of the formulas?"
"Pardon me?"
"Advocate Weasley has published Exhibit A, which is the record of the product transfer from April 2010. Did you provide this to Advocate Weasley?"
"Yes, Advocate Granger."
"So, this is how you became aware that Black Pharmaceuticals was using magical ingredients in potions for Muggles?"
"Yes, Advocate Granger."
"Then, I would like you to tell the court which magical ingredients were used in which formula. In particular, I would like to focus on Formulas 18 and 22."
"I do not know."
"Then how did you know magical ingredients were being used in those formulas?"
"I knew they were used in some of the products."
"But you don't know which products used which ingredients?"
"Correct."
"Are you a Potions Mistress, Ms. Edgecombe?"
"No."
"Did you complete an N.E.W.T. or equivalent in Potions?"
"No."
"An O.W.L.?"
"No."
"Are you an accredited Muggle scientist?"
"No."
"So all you were privy to was a purchase order? You really have no idea how the products were used?"
Marietta froze. "They had to be using them for something."
"My apologies, Ms. Edgecombe, you have made it quite clear that what you discovered was an inventory aberration. Tell me, who is your supervisor at Malfoy Industries, Ms. Edgecombe?"
"Justin Finch-Fletchley."
"And when you informed him of the potential problem, what did he do?"
"I did not inform him."
"Can you tell me what Master Snape's role is at Malfoy Industries?"
"He is the head of Potions research."
"Did you speak with Master Snape regarding your concerns?"
"No."
"Did you speak to Mr. Malfoy about your concerns?"
"No."
"What about Miss Malfoy?"
"No."
"Did you speak to anyone inside Malfoy Industries about your concerns?"
"No."
"What is company procedure for concerns about company wrongdoing?"
"We're supposed to talk to our supervisor or to the legal department."
"And you did not?"
"Correct."
"You went directly to the Ministry without attempting to find the root of the problem from your supervisor, the head of the Potions department, or anyone else inside the company?"
"Yes."
"Do you know specifically, what illegal ingredients were used in any of the potions?"
"No, Advocate Granger."
"Miss Edgecombe, have you ever used this product?" Hermione held up a tube of ScarBGone, which was a product marketed to wizards.
Marietta frowned viciously at Hermione. "Yes, I have."
"And how did it work for you?"
"Quite well, thank you, Advocate Granger," Marietta spat out bitterly.
"Can you read me the list of ingredients from that product?" Marietta read the list aloud.
"Could you verify that none of these ingredients appear on the list Exhibit A?"
"That is correct."
"What about this product?"
"Scar Vanishing Solution … "
"Have you ever heard of it?"
"No."
"Thank you Ms. Edgecombe." Marietta returned to her seat in the gallery.
"Ladies and Gentleman, this is the brand name of Formula 22. It is the same product as Scar-B-Gone". It was developed by Master Snape without magical ingredients."
"Objection!" Percy asserted. "We cannot be expected to take the word of the Malfoy's Advocate on this."
"If Advocate Weasley would like to provide other evidence that magical ingredients were used, I would be happy to listen." Hermione gave Percy a mischievous smile.
Amos Diggory turned to Percy. "Do you have additional evidence on this matter?"
"No, sir."
Then, Amos turned to Hermione. "Can you provide evidence of the ingredients used?"
"Absolutely, sir. Master Slughorn, please come forward. Members of the court, allow me to introduce Master Horace Slughorn. He has taught Potions at Hogwarts for decades; he has reviewed the reports and is prepared to answer questions on this matter from the Wizengamot. "
Kingsley motioned for Horace Slughorn to come up to the front of the room.
"Master Slughorn, can you tell me if there are magical ingredients in Formulas 18 and 22?"
"No, Minister, there are not."
"Were there any magical techniques in developing them whatsoever?"
"No, sir. Mr. Malfoy took me to the Muggle laboratory where it is produced. I procured part of my samples from there."
"Mr. Weasley, do you have any questions for Master Slughorn?" Percy shook his head.
Hermione continued, "In addition, here are three sets of analyses, conducted by independent apothecaries with no ties to Malfoy Industries. They all corroborate Master Slughorn's testimony. Here are the production and distribution records for 2008 through 2010 for the two products. Note that these two formulas are developed in Muggle laboratories.
"Minister Shacklebolt, Mr. Diggory, I would like to request that Formulas 18 and 22 be stricken from the injunction and sanctions as well."
Amos Diggory asked the Wizengamot for questions. Receiving no requests, he asked for a vote on removing those two formulas from the charges. Once again, almost the entire Wizengamot voted to amend the charges.
Kingsley Shacklebolt turned to Hermione. "Now, Advocate Granger, that leaves three remaining formulas. Are you going to argue that those formulas are not illegal in nature?"
"Not explicitly, sir. Malfoy Industries concedes that magic was used in the creation of these potions. However, we do not believe that this violates the International Statute of Secrecy."
"Advocate Granger, please explain."
"First, I can find nothing in the law that specifically forbids giving a Potion to a Muggle with magical properties. Most past cases involving Muggles and inappropriate use of Potions involved harmful potions. The ones that I can locate where the potions were not harmful generally involved coercion of some form."
"Surely, Advocate Granger, you are not arguing that the Statute allows potions to be freely distributed to Muggles. Magic is not to be used in the presence of a Muggle." Robert Hilliard had found his voice.
"Sir, it is my understanding that it is a crime to knowingly perform magic in Muggle-inhabited area and in the presence of a Muggle. The magic used in creating of these Potions was done entirely in magical laboratories. No magic was performed in the presence of Muggles. "
"Advocate Granger, magic is performed on the ingestion of these potions, even though it isn't performed directly by a witch or wizard at that time." Amos Diggory spoke directly to Hermione.
"Sir, I agree that it is a questionable practice under the Statute, a gray area. However, another clause of the statute states that magic can be used in front of Muggles in situations where lives are threatened. It is on this basis that we apply for special permission to continue marketing these potions. These potions have saved many lives, and in addition, they have improved the lives of many others."
"You may begin your argument, Advocate Granger."
"Thank you, sir." Hermione stood and walked in front of the court.
"Malfoy Industries seeks exception to the ISS for the requested products. We believe this action will improve quality of life for wizards and Muggles. In order to convince the Wizengamot of this, I will first address the benefits of the products. After that I will address the steps that Malfoy Industries has taken and continues to take to protect the secrecy of magic.
"First, I shall address the benefits for Muggles and wizards.
"Please see the following exhibits for the progress reports of each of the three products respectively. Included in these materials are the reports on the clinical trials of each product. Each binder details what steps were taken to ensure the products safety. It also includes the certifications and licenses necessary in the Muggle world to market the products. Finally, the binders contain ongoing studies of the progress of each drug.
"Once again, I have provided these materials to Healer Smethwyck. He has reviewed the materials and can answer any questions you may have. Mr. Malfoy, Master Snape, and Miss Malfoy are also available for questions.
Amos Diggory called Healer Smethwyck back to the stand. "Healer Smethwyck, please give us your opinions of these products."
"All three of the products that have been marketed by Malfoy industries have been extremely successful. Highly effective and safe, they have each improved the medical outcome for the recipients."
Several members of the Wizengamot had questions for Healer Smethwyck, which he answered to their satisfaction. Hermione asked him about the sales numbers.
"Next, I would like to address the benefits for wizards. Mr. Malfoy and Mr. Snape will provide testimony in this area."
Draco spoke of the research process that Severus had brought to Malfoy industries. He explained how all of his researchers were now charged with looking for answers from multiple cultures. He believed that Severus' research process had helped develop improved procedures in many other areas.
Severus spoke of the ways in which they had used the Muggle based medicine to improve a number of wizarding potions. As he and Hermione had choreographed, he dropped names of several of his products that caught the attention of the members of the Wizengamot.
"Now in addition, I will also address the quality control process. Exhibit 29 details information on some of the products that have been developed that Black Pharmaceuticals has decided not to market on a broad basis. There is some information on Formula 7 and 9."
"Advocate Granger, the production of Formulas 7 and 9 has been reinstated."
"Yes, sir, I understand that. However, I wish to address the reasons they were not marketed broadly. I believe the Wizengamot will find that enlightening in terms of the quality control process. It has been asserted that the actions of Malfoy industries were done with blatant contempt for Muggle safety. I intend to show just how untrue that is. I will use both the research successes and failures to do so. And we'll talk about the products that seemed successful, but did not quite make the cut."
She asked Severus to take the stand. "Master Snape, please explain why Formulas 7 and Formula 9 were not marketed directly to Muggle hospitals for use by Muggle doctors. "
"Originally, Advocate Granger, it was intended that Formula 7 would be available in Muggle hospitals for broad use. However, in the clinical trials, we encountered a unique problem. The product is very safe; it is chemically very similar to the Blood-Replenishing Potion that has been used for years. It is also very effective. It is so effective, in fact, that the Doctors involved in the trials reported that it worked 'magically.' Obviously, this proved a concern in terms of exposure. We didn't want any doctors, or rival pharmaceutical companies, digging too hard into the origin of the product. As a compromise, we opted to market it only to be used by Healers."
"What about Formula 9?"
"It is a similar story, Advocate Granger. Patients commented on how remarkable the effects were compared to other products. It seemed a potential exposure risk. When managed by Healers, that was less of a concern. Many patients treated by Healers receive an Obliviate for other reasons.
"Can you tell us about Formula 8?"
"Formula 8 is a potion to help reduce the risk of premature birth. It was effective in its testing mode, but it may increase the likelihood of magical births. We did not want to upset the balance of magical births through artificial means. We are monitoring the children born on this medication to see if an unusual number exhibit magic."
"And Formula 12, Master Snape?"
"This was mildly addictive. We stopped the testing on it and helped the subjects. There were no long term effects, but again, we did not wish to market anything unless it was proven to be completely safe."
The members of the Wizengamot asked a few questions about how their standards compared to Muggle standards; they were all impressed that the company had even tighter standards before releasing a product.
"Finally, ladies and gentleman, I wish to address the issue of exposure. Obviously, one of the primary concerns in this matter is the protection of the wizarding community. As a result, it is important that the magic present in the products cannot be identified. I would now like to address actions that were taken to protect the secrecy of wizardry."
"Master Snape, please explain what precautions were taken to prevent exposure."
"I developed a Concealment Charm that hides the existence of magic. If a Muggle tries to determine the ingredients in the medication, they are given the components of a mirror remedy with no magical ingredients. The mirror medicine is also safe and effective, though not as effective as the magical product. "
Amos Diggory spoke up. "How do we know the charm is effective?"
Lyra addressed Mr. Diggory. "If I may, sir, we had seven top Muggle scientists analyze each drug. All of them reported back the same list of ingredients. They all matched the non-magical mirror product."
Hermione handed the panel yet another stack of papers before she spoke, "In addition, we have submitted the charmed potion along with an uncharmed Muggle mirror product to a well-known Charms master. Master Flitwick is with us today."
"Master Flitwick, please come forward," Kingsley called the tiny professor.
"Master Flitwick, please tell us what you discovered about the charm."
"The charm itself is very subtle. I could not detect its use through conventional magic. I was eventually able to break the Concealment Charm. However, there is a protection in the charm that is quite ingenious. Any use of magic against the Concealment Charm triggers a Finite Incantatum on the magic within the potion. Trying to identify the magic actually ends the use of the magic. I consulted with more than one other Charms Master and one Gringott's Curse Breaker. They all reported similar findings."
"Objection!" Percy called. "That is hearsay."
"Gentleman, I submit the following letters from several Charms Masters to and from Master Flitwick regarding their experience with the potion. The letters were checked by court officials for potential forgery. I also would like to call Bill Weasley. He is the Curse Breaker in question."
"Very well, Advocate Granger."
Bill stepped forward. Hermione turned to him. "Curse Breaker Weasley, please tell us what you found when you examined the potions."
"It took very advanced magic to break the Concealment Charm on the potion. The only way that I was able to identify that there was a charm on the potion was through a confidential Gringott's spell. And even then, once the charm was broken, the magic lifted, and all I was unable to identify what type of magic was used to create the potion."
"Thank you. That is all." She turned to Draco. "Mr. Malfoy, please explain the production process for these medications."
"Most of the labor is done by elves. We did not want a large number of wizards with the information about the concealment charm or the products themselves. The elves are not permitted to speak of their work to anyone outside the production staff except Lyra, Severus, me, or a Ministry official. We felt that elves would be less likely to betray the information, either accidentally or on purpose."
"How was the product distributed?"
"The products were distributed through Black Pharmaceuticals. After the appropriate licenses were obtained, the first product was released slowly. Again, we were trying to ensure safety and discretion."
"How long have these products been in circulation in the Muggle world?"
"Five years for the oldest potion."
"Have there been any security breaches?"
"No."
"Any inquiries from the Ministry prior to this one?"
"No."
"Any use of Memory Charms on Muggles?"
"No."
"Thank you."
Amos Diggory chimed in, "Can you explain to us why you did not seek an exception from this court before marketing the product?"
"Sir, I accept full responsibility for the error. I was unaware that there was a procedure for applying for an exception. I was very excited about the possible positive implications of the discovery. The chance to help others while building the company and its sphere of influence was very alluring. We worked very hard to ensure that both the magical and Muggle world were fully protected and that the Muggle world would see only a scientific advance. It was our intent at all times to maintain secrecy, though I concede that we ventured into very grey areas of the law. Our error was not speaking to counsel before deploying the product. I assure you, sir, that our practical plan was very solid, even if our zeal caused a procedural problem."
The members of the Wizengamot asked a few more questions. After a few minutes, Amos Diggory turned to Percy.
"Advocate Weasley, have you any more evidence to introduce?"
"No, sir."
"Advocate Granger?"
"No, sir."
"Very well, then. Advocate Weasley, your closing argument, please?"
"Thank you sir. Ladies and Gentlemen, as you have heard, Malfoy Industries willfully violated the International Statute of Secrecy. They did so with arrogance and little respect for centuries' old procedures. The company must be held accountable for their actions. Further, we ask that the Wizengamot uphold the historical purpose of the International Statute of Secrecy."
"Advocate Granger, your closing statement."
"Ladies and gentleman, Malfoy Industries acknowledges that an error in judgment was made in not seeking a legal solution to the Statute before releasing their product. Therefore, we must consider the negative consequences of this error. The simple answer is there have been no negative consequences. The evidence presented today has shown significant improvement in the lives of thousands of Muggles. We have seen how the lessons learned in this research have been applied to improve the lives of wizards and witches everywhere. We have learned that Malfoy Industries and Black Pharmaceuticals took extensive steps to ensure the safety of its customers. Many of these measures far exceed any legal requirements, either wizard or Muggle. We have also seen how efforts were made to ensure the security of the wizarding world. Several years have passed without incident. The process is safe and secure. We ask that the Wizengamot formally approve the use of these products, nullifying the injunction against the production of these important medications. We ask that the Wizengamot look beyond the letter of the law; but rather we hope that you focus on the intent to improve lives. Ladies and gentlemen, we ask that you do not allow fear to stand in the way of protection of human life. "
Amos Diggory addressed the members of the Wizengamot. "Given the large amount of evidence before the Wizengamot, much of it written, we will adjourn for today. The members of the Wizengamot will meet this afternoon to discuss the case and a verdict will be handed down tomorrow morning. Thank you all."