Chapter 22

Mark was very surprised at how easy it was to convince Drew to intervene to protect Kenny. He had expected to have a battle on his hands but the detective agreed that it would be better all round if the teacher was moved to a lower security prison. He immediately set things in motion to get Kenny transferred to Low Moss Prison on the outskirts of Glasgow.

Low Moss had started life as a wartime RAF base where barrage balloons had been stationed to protect Glasgow from German bombers. The accommodation comprised eleven wooden Nissen huts, single storey affairs, linked by narrow corridors. Instead of individual cells, the huts were set out as communal dormitories and if truth be told, the whole site was badly in need of refurbishment.

It was only a short journey of around five miles from Barlinnie Prison to Low Moss for Kenny and he felt the tension in his battered and bruised body begin to ease when he took in his new surroundings.

Low Moss was home to about three hundred prisoners - most of them petty criminals serving time for repeat offences such as burglary or car crime. While still rough, they were nowhere near as dangerous as the inmates at Barlinnie. The regime at Low Moss was also much less strict and that in turn was reflected in the more relaxed attitude of its inmates. Kenny was left pretty much on his own although he did receive curious stares given the battered nature of his face.

It wasn't long before Drew visited to get the details of the Church's bank account that Kenny had promised. The teacher used the computer in the Prison's library to access the offshore account and let the detective see just how much money was involved. He also showed Drew the database of former pupils and tried to convince him once more that the evil things that he had done had been ordered by Luke MacNab.

Drew wasn't aware of it, but as an extra insurance Kenny also showed the detective the latest copy of the brain defragmenter programme. The new trigger phrase was 'the bluebells are blue'. Kenny knew he would need to allow Drew to sleep before the programme would be effective and he hoped desperately that he wouldn't ever have to use it.

Ten days later was Kenny's next appearance in court.

The most serious crimes in Scotland are tried by the High Court (of the judiciary) and Kenny's case was being heard in the High Court building on Glasgow's Saltmarket, overlooking the River Clyde. The judge was Lord Justice General Tom Bradford, Lord Commissioner and once more Kenny had refused all attempts to appoint him representation. Cases in the High Court are normally prosecuted and defended by advocates or advocate-deputes rather than mere solicitors and the judge lectured Kenny on the importance of having representation.

One look at the prosecuting advocate on the first day of the trial convinced Kenny that he had made the correct decision to defend himself. He recognised the man as one of his former pupils, despite the little wig and the flowing gown he wore. Of course, Kenny couldn't tell whether the man was under Luke's control or not but he set himself the task of trying to find out as quickly as possible.

The second shock for Kenny was the sight of Luke MacNab himself sitting in the public gallery. He met his old friend's look but there was no warmth between them as there had once been and he turned away quickly before he lost control.

"All rise for his lordship, Lord Justice General Bradford," called out the court's clerk.

Immediately everyone in the courtroom rose to their feet as the robed judge 'flowed' into the room and took his seat behind the bench. The judge looked round the courtroom to make sure everything was just as it should be. His gaze lingered on the jury and then moved to fix on Kenny.

"Please be seated," said Judge Bradford. "Mr MacGovern are you still determined to continue with this farce and attempt to represent yourself?"

"I am m'lord," Kenny replied, trying to remain calm under the intense scrutiny from the judge.

"This is a very serious matter and one where you perhaps need all the help a trained advocate would be able to provide. The consequences for you should you be found guilty of the charges levelled against you are considerable. It is almost without precedent for someone to appear in my court and attempt to defend themselves. But, I see that you are determined to proceed on this basis. So be it," said the judge.

The prosecuting advocate was called MacMillan and he had the honour of presenting his opening address to the jury first.

"Ladies and gentlemen of the jury, this is a straightforward case of greed and the lust for money corrupting a person in a position of trust.

"I will show you that the accused - Kenneth MacGovern - has systematically used his position as a teacher and headteacher to firstly abuse the children under his care but to then go on and exploit them in the pursuit of financial gain.

"You will see how Mr MacGovern immersed himself in Glasgow's criminal underworld, how he laundered vast sums of money that were the proceeds of the drugs trade and how he callously ordered the death of a man who looked poised to expose his despicable deeds.

"You will hear testimony from some of the people involved in each of Mr MacGovern's depraved and illegal activities - from the young girls he abused and from the men who helped him amass the fortune in dirty money that paid for the lavish lifestyle he adopted. Most damning of all however, you will see all the details of what Mr MacGovern has been responsible for over a ten year period written down in his own hand! Yes, ladies and gentlemen of the jury, you will see the accused's written confession and bear witness to the depth that he has sunk.

"It will not be my intention to gild the lily in this case. I'm afraid that I will set out every gut wrenching detail of what this man has done. This man who, as a teacher, has been entrusted with the care and education of our young people, this man who has systematically raped girls as young as twelve and thirteen and filmed them so that he could charge others to see them on the Internet.

"No, ladies and gentlemen, I will not spare you at all I'm afraid. I will set out the evidence of multiple counts of rape and of the laundering of millions of pounds. I will also bring forward evidence that Mr MacGovern ordered the death of a respected Glasgow journalist, not once but twice!

"My presentation will be relatively short but nonetheless compelling. I am supremely confident that you will be left in no doubt that this man is guilty on all counts. I trust in you to do your duty to return such verdicts on all of the charges. Thank you."

The advocate had been pacing to and fro in front of the jury, punctuating his words with dramatic gestures and pointing fingers at the appropriate points. He finished with a flourish and walked back to the table where the remainder of his prosecuting team was seated.

Kenny observed the members of the jury and how they reacted to the advocate's words. He had spent many years as a teacher and so was no stranger to standing up and speaking to a room full of people. This was different however. The twelve men and women in the jury box would decide whether he was sent to prison or not so there was much more at stake here than teaching a room full of kids.

"Mr MacGovern? Are you going to favour us with any opening remarks?" the judge asked.

Kenny nodded and rose to his feet.

"Ladies and gentlemen, you have already heard the judge lecture me on the importance of having proper representation in this case. I'm not a trained advocate and indeed know little of the law. What I do know is that I am an innocent man and it is my hope that I can prove that to you.

"Mr MacMillan has referred to despicable acts - to the rape and exploitation of young girls and to the commissioning of Mark MacGhee's death. I agree that child abuse, money laundering and murder are without doubt awful crimes and they make me feel as sick as they no doubt make you. I aim to prove to you that I am not responsible for any such despicable acts although perhaps others in this courtroom are!."

Kenny's eyes flicked towards the public gallery as he said these words and he met Luke's gaze once more.

"I am innocent of conceiving it possible to rape one of my pupils and certainly not of murdering a fellow human being in cold blood. All that I ask is that you keep an open mind and judge me honestly. Thank you."

Kenny hadn't moved away from his table and now he simply sat down again, making eye contact with each member of the jury in turn.

The judge looked down at his notes and then called on the prosecuting advocate to call his first witness.

"Mr MacMillan, please call your first witness."

"Thank you, m'lord. I call Detective Inspector Andrew MacIntosh."

The clerk repeated Drew's name and a door to one side opened to admit the detective. He walked to the witness box and stood to take the oath before turning his attention to the advocate.

"Detective, you are the officer responsible for leading the investigation into the accused's activities, is that right?"

"That's correct," Drew answered.

"I'm not going to take you into the details of your investigation at this point - I'll save that for later - but I am interested in one particular piece of evidence. I believe there exists a notebook with details of actions going back over the past ten years. This notebook first came to the attention of the police following a search of the Cambo House Estate I believe, is that correct?"

"That's correct," Drew answered once again.

"And this notebook came into your possession when you entered a villa in the Spanish resort of Torremuelle, a villa rented by Mr MacGovern is that correct?"

"That's correct," said Drew.

"M'lord, I'd like to enter this notebook into evidence if it pleases you?" enquired the advocate.

The judge nodded and the advocate picked up a plastic bag containing Kenny's notebook and placed it on the table immediately in front of the judge's bench.

"Now, detective. I believe that the accused, Mr MacGovern, has identified this notebook as his own and confirmed that the handwriting contained on its pages is his handwriting. Is that correct?"

"That's correct," said Drew.

"You've studied this notebook in some detail, haven't you detective MacIntosh?"

"I have, yes."

"Does the notebook mention a girl called Kim Park?"

"It does, yes."

"Is Kim Park a real person?"

"Yes, she is a real person. Miss Park made herself known to the police on the sixteenth of last month. She is a former pupil of the accused."

The advocate interrupted before Drew could say any more.

"And does this notebook contain any details relating to a relationship between Mr MacGovern and Miss Park?"

"Yes it does. There are a number of entries that make it clear that Mr MacGovern had intercourse with Miss Park and also that he recorded her masturbating for him too," Drew replied.

"Does the notebook enlighten us as to when these liaisons took place?" the advocate enquired.

"It does, yes." Drew referred to his own notebook to check the dates. "The first such 'liaison' happened on 28 August 2002."

"What age would that have made Miss Park, detective?"

"She would have been twelve years of age," Drew answered.

There was a surge of noise in the courtroom at this revelation and several shouts of 'PERVERT' and 'PEDO' came from the public gallery. The judge banged his gavel and warned everyone to remain silent during the trial. Once order was restored the advocate continued. He proceeded to work his way through the entries in Kenny's book - laying out for the jury each individual thing that Kenny had done.

Drew's appearance was interrupted for lunch and a further break in the afternoon and by the end of the first day they had still not managed to get through the entire contents of the notebook. The judge recessed the court and informed everyone that they would recommence at ten o'clock the next morning.

Kenny was returned to Low Moss Prison and he asked for permission to use the computer in the library once more. One of the benefits of representing himself was that Kenny had been able to request access to the Prison's library and to the Internet in order to research the finer points of law that might help his defence.