Chapter 24

There was a crush as everyone tried to squeeze back into the courtroom before the 2pm resumption. Kenny had spent the interval sitting alone in a guarded room. He had been provided with paper and pens and he had forced himself to try to shake off the despair he felt. Instead, he needed to focus on making sure he was found not guilty and that meant making a good job of his closing arguments.

He was escorted along a corridor that led to one of the side doors to the courtroom. Kenny took his seat at the table and glanced across at advocate MacMillan. The entire prosecution team did not look happy at all. That was surely good news for him, wasn't it?

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

Everyone in the courtroom complied with this instruction and the judge swept in and sat in his chair.

"Please be seated."

Judge Bradford proceeded to explain to the members of the jury what was going to happen next. He offered them advice on how to weigh up the evidence they had heard, for example what was direct and what was circumstantial evidence. He lectured them on their duty to arrive at an honest verdict, on ensuring they performed their civic duty to the very best of their ability. After that he invited the prosecution to make their closing summary.

Advocate MacMillan rose to his feet and moved closer to the jury, trying to create a sense of familiarity and intimacy.

"Ladies and gentlemen of the jury, you've listened to a lot of testimony over the past week. You might be wondering just how you are going to make sense of it all, how you're going to sift through everything you've listened to and find the 'killer facts' that help you arrive at your verdict? Well, I'm going to try to help you do that now. Let's consider what the 'killer facts' are together, shall we?"

The advocate proceeded to go through the case he had presented, highlighting key points and of course rendering a thoroughly one-sided view of everything.

"We have the sworn testimony of the girls, the film equipment, the clothing the girls wore in the movies and the décor of Cambo House that can be seen clearly on the website. There is no doubt that Mr MacGovern had sex with these girls and filmed them to generate money on the Internet.

"You were shown the account statements for the Church of Cyberscience and you know therefore where its money comes from - Glasgow's gangs are the biggest single contributors! You saw the money generated by the sugar & spice website. You heard the testimony of DI MacIntosh clearly establishing the fact that Mr MacGovern runs the Church of Cyberscience.

"The solicitor who set up the church has made a statement confirming that he did it for Mr MacGovern. The accountants have made statements that they laundered money for Mr MacGovern.

"Most importantly of all, you have had the opportunity to read Mr MacGovern's confession in his own handwriting!"

The advocate carried on, making Kenny out to be a vile individual who had singularly abused his position and who had no scruples whatsoever. Kenny tried to keep a neutral expression on his face throughout. At long last the advocate finished his speech and sat down.

"Ladies and gentlemen of the jury, the 'killer fact' is that Kenneth MacGovern has systematically abused the trust society has placed in him and he is guilty! Today you have the opportunity to send a message to him and others like him - a message that society will deal harshly with those who abuse our trust. You can do that by returning a guilty verdict on all counts!"

Kenny had been making adjustments to his notes in light of what MacMillan had said and the points he had highlighted. He rose now to make his own closing speech.

"You know, as a teacher I'm used to marking lots and lots of coursework and homework. I've lost track of how often I've written 'evidence?' in the margin of such work in red ink, questioning a pupil on the basis for their answer.

"I'm afraid that I would have to write that same question again and again across the entirety of the prosecution's case here.

"Ladies and gentlemen of the jury, I've asked you before to ignore Mr MacMillan's smoke and mirrors and instead to focus on the evidence. That shouldn't be very hard to do because, let's be honest, there isn't any evidence!

"It's actually embarrassing to look at what the prosecution expect you to believe. Charges of rape and sex with minors - yet those involved have admitted in this courtroom that no sex took place but instead they were childish, schoolgirl fantasies.

"Money laundering charges - and here those committing the crimes have claimed my involvement but again, no evidence and then in this courtroom they admitted to striking a deal with the prosecution. Finally, you heard with your own ears the admission from the witnesses that I was not involved!

"The Church of Cyberscience - no evidence has been presented that shows I'm in anyway involved with it. In fact the very people who set the organisation up, the solicitors, agreed in this courtroom that I wasn't involved.

"An e-mail that explicitly states I had no responsibility for the attempts on Mr MacGhee's life has been held up as evidence that I was! How bizarre is that?

"If anyone is a criminal in this case, it's the prosecution for wasting everyone's time! There is not one shred of evidence that could be relied upon to suggest that I am guilty of anything the crown alleges!

"Ladies and gentlemen of the jury. I started out on this case by telling you that I knew little of the law but that I knew I was innocent. I believe that has proven to be the case.

"I trust you all to reach the right verdict. As I said when I started out - I am innocent. Thank you."

Judge Bradford indicated that the jury should retire to consider their verdict and they filed from the jury box and out of the courtroom.

Judge Bradford admitted to himself that he was impressed by how well the teacher had done. It was clear that the prosecution's case was extremely weak and had been shown to be full of holes. Nevertheless, MacGovern had handled himself well in the courtroom and for a lay person had conducted a very effective defence.

I don't see it catching on though!" the judge thought to himself with a chuckle.

Two hours later a messenger brought the first signs of a problem for the judge. He was already amazed at how long the jury was taking to reach a verdict - it was so clear cut surely? The messenger advised that the jury was unable to reach a unanimous verdict. Their view was that this position was unlikely to change and they were seeking the Judge's advice.

Judge Bradford couldn't believe such a situation was credible. What was there to disagree on? He thought about things and decided to accept a majority verdict. The messenger was dispatched with that decision and the judge waited for news that a verdict had been reached.

The messenger returned fairly quickly to advise the judge that the jury were ready. He donned his robes and returned to the courtroom.

"Please be seated," the Judge told the courtroom.

He turned to address the jury.

"Foreman of the jury, I believe it has not been possible to reach a unanimous verdict in this case. Have you reached a majority verdict on the charges before you?" he asked.

The foreman was seated in the front left corner of the jury box and he got to is feet now, a slip of paper in one hand.

"We have m'lord," he answered.

"On the numerous counts of rape and having sex with a minor, how do you find the defendant?"

"Guilty, m'lord," said the foreman.

"WHAT?!" screamed Kenny.

There was uproar in the courtroom at this completely unexpected verdict and Judge Bradford's face grew red as he tried to restore order.

"ORDER! ORDER! ORDER I SAY!"

Eventually the judge's anger got through to the courtroom and everyone settled down.

"Another outburst like that and I will have this courtroom cleared!" he yelled, "and you, Mr MacGovern, you will control yourself sir. Do I make myself clear?"

Kenny was in shock from hearing the guilty verdict and he could only nod in response before slumping back into his seat. Judge Bradford focused his attention back on the foreman of the jury.

"Mr foreman, on the charges of money laundering, how do you find the defendant?"

"Guilty, m'lord."

"And on the two counts of commissioning murder, how do you find the defendant?"

"Guilty, m'lord."

Judge Bradford shook his head in bewilderment. In all his years as a judge he had never known a jury to get such a clear-cut case so badly wrong. This wasn't justice, this was a travesty!

Kenny glanced up at the public gallery and something clicked in his head.

"Of course!" he said out loud.

Leaping up from his seat, he approached the judge.

"Judge, something is badly wrong here. Would it be possible to speak to you urgently and in private please?"

Bradford looked at the teacher, assessing whether he was a risk or not. The judge's sense of justice had been seriously offended in the verdicts and he was predisposed to listen to anything that might correct that. He nodded and signalled to the courtroom security guards as a precaution. He had them follow behind as he led Kenny into his private chambers. Advocate MacMillan looked puzzled but couldn't say anything.

Once the door was closed, Kenny tried to convince the judge to take action.

"Judge Bradford, what I'm going to tell you is going to sound pretty far-fetched. The only way I know of to convince you of what I'm saying is to give a demonstration. Could you ask one of these gentlemen to and get the detective who testified in the case? He's sitting in the public gallery."

The judge nodded to one of the security guards and he left to find Drew MacIntosh.

"While we're waiting I should start my story. There has been a case within a case here all along, Judge. The prosecution didn't want to mention it because it could have undermined their case. I didn't want to mention it because I'm sure I would have been laughed out of court.

"The one thing that no one has mentioned since the trial began is that I have developed a mind control programme. It's referred to frequently in my notebook, but you'll note that Mr MacMillan never once raised it.

"The notebook is actually my recollection of the things someone has ordered me to do while controlling my mind. I think that same person has somehow managed to use mind control on the jury," said Kenny.