Authors: Susan Lewis
Looking at Anthony as he lent an ear to whatever Jolyon was saying, she wondered how he was managing to appear so relaxed. He seemed as detached from her, and as unreachable, as the opposing team at the other end of the lawyers’ benches.
She had never felt so bizarrely cut off from the world around her.
‘My Lady, members of the jury.’ Simon Kentley, the lead prosecutor, was rising to his feet. He wasn’t a tall man, nor was he especially well built, but his voice, his whole demeanour resonated with the kind of authority that made Charlotte tense with unease. She was recalling the dark look that had come over Anthony’s face when he’d learned that Kentley was going to be his adversary, and the comment he’d made: ‘They’re obviously not quite so sure of a win if they’ve decided to wheel out the big guns.’ Words that should have been reassuring, but somehow weren’t.
‘You’re going to hear a lot of talk over the next two days,’ Kentley was informing the jury, ‘about how the defendant provided a loving home for little Ottilie Wade, also known as Chloe, and I think it will soon become evident that the defendant did indeed provide a loving home for the little girl who once lived on North Road with a father who was a paedophile, and a mentally unstable mother.’
Let the jury understand,
Charlotte was thinking,
that the prosecution fully recognised the tragedy of Chloe’s beginnings.
Anthony had told her to expect it, and there it was, right at the start.
‘The father has since been convicted of his crimes,’ Kentley continued, ‘which include the murder of his wife, Chloe’s mother, and he’s currently serving two life sentences. I feel it important to mention this now, as it will explain why Chloe has no family here in court. Her parents were only children, as was she.
‘It would be inappropriate for me to dwell any further on the father’s grisly career, as justice has already been served in his case. We are here to deliberate the actions of Charlotte Nicholls, the social worker whose job it was to protect that little girl from her father’s abuse and get her out of harm’s way. Which she did –
in the end
– but what we need to examine is just how long it took her to remove the child, and the way in which she did so. It was clear from her own initial assessment of the family that the mother was in need of a mental-health check and the father, I quote from her report, left her with an uneasy feeling. So what caused the delay?’
Charlotte could feel the jury’s eyes boring into her now and wished she could stand up to tell them how it had really been, that those few words didn’t even begin to encapsulate the reality, but the court wouldn’t allow it. The prosecution got to make their case first, in the way they saw fit, and only later would she be allowed to speak.
How much damage would have been done by then?
‘We will hear from colleagues of Ms Nicholls’,’ Kentley continued, ‘that, at the outset, the defendant adhered to all the proper procedures – paediatricians, psychologists and psychiatrists were all consulted, reports were written up – but what we don’t yet have is a clear explanation of
why
it took so long to get Chloe out of harm’s way. Of course the system is overloaded, and I’m absolutely sure that my learned friend, Mr Goodman, will describe for us just how overloaded when he comes to speak to you later. However, in the case of an emergency, measures can be taken to remove a child from its home at any time the child is felt to be in danger. And you will learn during the course of this trial that Chloe’s case could certainly have qualified as an emergency. Yet Ms Nicholls kept her with the father who continued to abuse her, and heaven only knows what kind of relationship the poor child had with her mother. Certainly, according to Ms Nicholls’s own reports, there were no signs of a healthy bond there.
‘I believe we will demonstrate that Ms Nicholls’s plan to keep the child for herself was already well under way by the time the alleged abduction took place. Indeed, had events not worked against her on the night of 6th October 2011, causing her to act in a very hasty and irrational way, I believe she would have left the child in that house until such time as she, Ms Nicholls, was fully ready to take her to New Zealand.
‘In other words, we will learn that this crime was wholly premeditated with small regard for the child’s welfare prior to the abduction, and a blatant disregard of the law and the system Ms Nicholls herself represents following the abduction. It will become evident that she seized the child, kept her hidden during a massive police hunt, and then smuggled her out of the country, because she wanted the child for herself.
‘Ladies and gentlemen of the jury, it is my job to prove beyond a reasonable doubt that a crime has been committed – and I think in this instance it will be hard to prove otherwise. However, that will be for you to determine after you have heard from the manager of the child protection unit at Kesterly social services; the team leader to whom Ms Nicholls reported directly at the time the alleged crime took place; and Janet Gordon, who runs the nursery school to which Ms Nicholls took Chloe on a regular basis. You will also hear from the police officers who carried out the search for Chloe after she went missing from the family home. The accused’s mother and stepfather will also take the stand with their own counsel here to represent them, as will her stepbrother and stepsister. Statements by those unable to be with us in the court today will be read out by the clerk.
‘I am confident, members of the jury, that my colleagues and I will prove, beyond a reasonable doubt, that the defendant is guilty as charged, and now, with your leave, I will call the first witness to the stand.’
Wendy Fraser was the first to be sworn in. As Charlotte watched and listened, she couldn’t help wondering how Wendy was feeling about this. Given the history of antipathy between them, she might even be enjoying it. Although Wendy would know that she’d never meant Chloe any harm, so did she really feel that she, Charlotte, deserved to be punished with a prison term?
There was a lot of preamble, mainly about how long Wendy had held her position, and whether she had been involved in employing Charlotte in the first place, which she had. Then Kentley was asking, ‘Have you ever had occasion to speak to Ms Nicholls about her conduct?’
‘Yes, frequently,’ Wendy replied, keeping her eyes on the lawyer.
‘Can you give us some examples of why this became necessary?’ Kentley prompted.
Wendy’s lack of hesitation showed she’d been rehearsing for this. ‘Well, she’s always been headstrong, and given to her own opinions,’ she stated, ‘which make her argumentative and not, how can I say, as helpful to the rest of the team as someone in her position needs to be.’
Kentley nodded for her to continue.
‘To be honest,’ she ran on, ‘she seemed to consider herself a cut above the rest of us, as though normal rules didn’t apply to her. She liked to do things
her
way, and while I’m not suggesting she wasn’t good with the children, because in general she was, she had other interests outside of work, such as her theatre group, that often distracted her, or even sometimes came first.’
Charlotte could feel how bloodless her face was as she stared at Wendy. Though Wendy might not have the intention of lying, she was twisting the truth so shamefully that Charlotte couldn’t bear to think of how it must be playing with the jury.
It wasn’t long before Kentley sat down and Jolyon Crane rose to his feet. ‘Can I ask, Ms Fraser,’ he began, ‘how closely you monitored the defendant’s day-to-day running of Chloe’s case?’
Wendy instantly flushed. ‘As the manager of the department I don’t involve myself in the minutiae of a case,’ she replied. ‘It’s my job to make sure that proper liaison is carried out . . .’
‘Thank you,’ he said, cutting her off. ‘Were you aware that the Wade family were a part of Ms Nicholls’s caseload?’
Again Wendy seemed awkward. ‘Not specifically,’ she managed to wrench out, ‘but I had heard that . . .’
‘A simple yes or no will suffice.’
In the tight voice Charlotte knew so well, Wendy said, ‘No.’
Jolyon hadn’t finished. ‘Regarding the occasions on which you were forced to speak to Ms Nicholls about what you called
normal rules
,’ he said, ‘we didn’t hear exactly what these rules might be and how she broke them. Can you give us an example, perhaps?’
Wendy was looking increasingly uncomfortable. ‘I was forever having to chase her up about paperwork,’ she said crisply. ‘She behaved as if it wasn’t important, that it was just getting in the way for her . . . OK, I understand that paperwork is boring,
no one
likes it, but it’s the only way we can keep a record of what’s happening in the department, and she isn’t a special case that can get around it.’
Jolyon nodded agreeably. ‘So is there anything missing from your files, specifically regarding the Wade family, from the time Ms Nicholls took the case?’ he asked.
Wendy’s eyes shot to Kentley. ‘I – well, I haven’t actually checked, but . . .’ She stopped when she saw Jolyon was talking quietly with Anthony.
‘Ms Fraser,’ Jolyon said, standing straight again, ‘do you have a personal axe to grind with Ms Nicholls?’
‘Relevance?’ Kentley piped up.
The judge looked at Jolyon, who didn’t bother to respond, simply thanked Wendy for her time and sat down again.
His point had been made.
Next on the stand was Tommy, in a navy suit and snazzy red tie. Charlotte knew it was going right against the grain with him to be called by the prosecution, which would account for why he was looking both belligerent and uncomfortable. However, it wasn’t as though he’d never appeared in court before, and as she and Anthony had reminded him several times over the last few days, all he had to do was tell the truth.
Which was all he did, though the prosecution had little trouble managing to make his answers sound more critical than supportive, and any positive comments he made ended up seeming either biased or improbable.
By the time Jolyon stood up sweat was breaking out on Tommy’s face, and his antagonism towards Kentley was still hanging like a cloud in the air. ‘As team leader,’ Jolyon began, ‘were you aware that Ms Nicholls was becoming attached to the child, Chloe?’
‘Yes, I was,’ Tommy replied.
‘Were you concerned?’
‘Yes, but I always am when one of the team gets more emotionally involved than is usual.’
‘Does it happen often?’
‘All the time. It’s a hazard of the job.’
‘How highly did you rate Ms Nicholls’s skills as a social worker?’
‘She was one of the best on the team.’
‘Was she ever neglectful in her work?’
‘Never.’
‘Did anything in Ms Nicholls’s behaviour, at any time, suggest to you that she might be planning to abduct the little girl she was becoming so attached to?’
‘Nothing at all.’
‘Thank you, Mr Burgess.’
The next witness on the stand was Janet Gordon, who told of how it was always Charlotte who’d brought Chloe to the Pumpkin playgroup, never Chloe’s mother or father.
‘Could you characterise for us,’ Kentley asked, ‘the relationship between the defendant and Chloe?’
‘I’d say it was a close relationship.’
‘Closer than you’re used to seeing between a social worker and child, or about the same?’
‘Probably closer, given that Chloe didn’t really have anyone else, so I think Charlotte felt extra protective of her.’
‘Protective enough to want to keep her?’
‘You’re leading the witness,’ Jolyon interrupted.
Moving on, Kentley said, ‘Did you ever, at any time, have reason to believe that Ms Nicholls was having a different kind of relationship with the child from the one her profession dictated?’
Janet Gordon seemed perplexed.
‘Were you aware of what the child called Ms Nicholls?’ he asked. ‘For instance, did you ever hear her call Ms Nicholls Mummy?’
‘My Lady, could we have the jury out?’ Jolyon barked angrily.
‘It won’t be necessary,’ the judge told him. To the jury she said, ‘You’ll disregard the last question.’ Her steely gaze moved to Kentley, but before she could administer a rebuke for such a blatantly leading question he said, ‘I apologise, My Lady,’ and turning back to Janet, he asked, ‘When Ms Nicholls brought Chloe to your playgroup, did she usually stay, or drop her off and come back later to collect her?’
‘At first she used to stay, but then as Chloe gained some confidence she was able to leave her for a while. Much like any parent.’
Kentley nodded. ‘Much like any parent,’ he repeated, just in case the jury had missed it. ‘So in your opinion, that was how she behaved, like a parent?’
Janet was losing her composure. ‘I didn’t mean . . . I wasn’t . . .’
‘Thank you, Mrs Gordon,’ Kentley cut in, and leaving her to Jolyon he sat down again.
‘I have just one question for you,’ Jolyon said, getting to his feet. ‘In your experience, is it unusual to see a social worker taking on the role of temporary parent or guardian?’
‘No, it’s not,’ Janet replied. ‘Sometimes the social worker is the only person the child has . . .’
‘Thank you, that’s all,’ Jolyon interrupted, and turning to Anthony he spoke with him quietly while Janet was released from the stand.
‘I think that seems a good place to break for lunch,’ the judge announced, and after reminding the jury they were to discuss the case with no one, not even amongst themselves, she recalled the court for one forty-five and left.
‘Am I allowed to ask how it’s going?’ Charlotte said to Anthony when he came to find her and the others in the foyer.
‘About as well as we expected at this stage,’ he replied, nodding to another lawyer who was passing. ‘No one’s given any evidence to suggest you were planning an abduction, which is where the prosecution’s hoping to go with this.’
‘It’s this afternoon that we’re more worried about,’ Kim informed her.
Charlotte didn’t miss the flash of irritation that crossed Anthony’s face.
‘Why?’ Shelley demanded, sounding alarmed.
‘It’s when the police take the stand,’ Charlotte told her, still looking at Anthony. ‘When are Mum and Bob likely to be called?’ she asked.