10/06/2014 River City

-Man needs moving. Cannae do it all by myself.

-No!

It isnae a request, pal.

Now!

TRAIN HORN TOOTS

None of this is coming back to me. You got that?

What do you want to do, Mr Mullen?

The right thing.

Yesterday afternoon, Shieldinch Police detained a 67-year-old man

in relation to the murder of city lawyer Paul Malick.

I can now confirm the suspect has been charged.

Billy's going to rot in jail. That's better than any bullet.

Jimmy Mullen's still going to testify.

Do you think I'm goin' down for that? Do you?

We'll see about that.

DOOR SLAMS OUTSIDE, KEYS JINGLE

Give us it.

HE THROWS IT ON THE FLOOR

Right, you two, agents' visits.

About bloody time!

I have to tell you, Crown Counsel will be all over this.

A lawyer was killed.

In their minds, that's worse than killing a cop.

The case is pretty slim.

No confession, no DNA.

What about the...

What about the prints and the fibres they found in the cab?

Circumstantial, but not conclusive, as far as the court's concerned.

It's by no means a cakewalk,

and we've still got one very major concern.

Mullen puts you at the murder scene.

Aye, an' in the taxi an' at the bridge.

But he also did a deal to ensure he wasn't charged with you.

His evidence may be described as tainted.

He stands to gain by blaming you, hence the special defence.

All we need is a reasonable doubt.

Mm-hm.

Hmm, maybe so.

I don't like leaving things to chance.

Jimmy!

Have you had anythin' to eat?

I'm fine. I'll, er... I'll get something later.

All right, Billy?

I'm gettin' out tomorrow.

My brief put in for bail, and it's no' opposed.

So, what did your brief say?

If there's anything I can do when I'm out, Billy, just let me know.

-BILLY:

-'You're a family man, Jimmy.

'You grass me up and you wouldn't be the first I'd do.

'I want you to remember just how that felt...

'..with a gun at your head

'and think about how it would feel for them.'

That one's on me.

DOOR OPENS AND CLOSES

KNOCK ON DOOR

-What are you after?

-Same as you - Kennedy put away for life.

How's Jimmy bearing up?

He'll do what he has to.

Well, I wouldn't like to be in his shoes right now,

-especially if Kennedy walks.

-Well, that's not on the cards.

Trials are about how good a lawyer you've got

and, I guarantee you, Kennedy'll have the best in the business.

But this ain't over until it's over.

Everybody knows Kennedy killed Malick.

Aye, but knowing it and proving it?

-Two different things.

-Billy had the motive.

But what if they say he was a disgruntled client,

-jealous husband.

-The man liked to play away a lot, I hear.

With Jimmy's evidence, that's going to send Billy away.

You're on the stand, too, remember.

To say what? Billy's a bad man? Big deal. That's not evidence.

But you knew him and Malick had a fall out.

Over a dodgy business deal.

Aye, I must remember and mention that(!)

I intend to walk out the same court door that I walked in.

Seems to me like you're hedging your bets.

I like to call it being careful.

Well, I call it looking after number one.

DOOR OPENS

KEYS JINGLE

Away to court, aye?

I don't know what they expect me to say.

HE SIGHS: Aye, well, I expect you to help me out.

-Back up my story...

-I wasn't there, Jimmy.

Nobody knew I was there, until you made me tell them,

and now Kennedy's saying I killed a man I never even met!

Right, it's not ideal for either of us. Just take it easy, eh?

-It'll be over in a couple of days.

-Over for you, maybe.

I'm telling you, Lenny.

We both need to see him going down, so you better do your bit.

I need to get going.

-BILLY:

-'The name's Jimmy Mullen.

'He's a taxi driver, a pokey wee dive called Amber Cabs.

'I don't want him showing up in court.'

OK, have a nice day.

Cheery-bye.

Oh, where is it you want to go?

I'm not after a taxi. Is Jimmy about?

Jimmy, which one?

Jimmy Mullen? He's a mate of my dad's and I've just moved in, so I thought I'd look him up.

Aw, you've just missed him, he's off takin' the weans to school, son.

Never mind. I'll come back later.

-You've not got his mobile number, have you?

-Oh, mm-hm.

Right, you two, in you go.

Mind and put your seat belts on.

MOBILE PHONE RINGS

Call the diet. Her Majesty's Advocate against William Kennedy.

Ladies and gentlemen, the charge against the accused,

William Kennedy, is that, on 11th of March, 2014,

he, having previously evinced malice and ill-will towards Paul Malick,

did, at The Tall Ship public house, Shieldinch, Glasgow,

strike said Paul Malick on the head with a glass or similar instrument,

compress his throat, so that he suffered injury and died,

and that he did murder him.

Mr Osbourne?

As advised, m'lord, my client adheres to his not guilty plea

-and a special defence has been lodged.

-Very well.

Clerk?

Ladies and gentlemen.

A special defence has been lodged on behalf of the accused,

William Kennedy, and is in the following terms.

The panel pleads not guilty, and further, specially,

and without prejudice to said plea, that the crime, if committed,

was committed not by the panel, but by James Mullen

and it is intended to lead evidence in support of said fact.

We heard, from scenes of crime,

that the deceased was discovered near a railway bridge,

-some ten miles or so from Shieldinch?

-That's correct.

It became obvious that the body had been moved

from the murder scene to where it was found.

-How was this done?

-We believe by taxi.

Investigations revealed that a car had been ordered

for The Tall Ship public house.

Were you able to trace the driver?

We were. It was a Mr James Mullen.

What, if anything, resulted?

Mr Mullen was detained for questioning,

-during which he advised that the accused...

-Objection, hearsay.

M'lord, my friend is well aware

that we'll be hearing from Mr Mullen in due course.

Over-ruled.

You were saying?

Mr Mullen advised us that the accused had killed Paul Malick

and then forced him to help move the body in his cab.

You told my learned friend

the driver of this taxi we've heard about was a Mr James Mullen.

The same man my client states committed this dreadful crime?

-That's correct.

-And who you arranged to receive immunity,

on the condition he testified against the accused?

Yes?

Yes.

On 10th of March, this year,

HMRC officers raided the deceased's office,

those of a Mr Leonard Murdoch and Mandy Kennedy's tanning salons.

Is that correct?

Yes.

These officers were sent to the deceased's premises

in conjunction with your investigations?

-Yes?

-That's right.

You suspected some link of a criminal nature

may have existed between them, is that right?

Yes.

And we've heard that, the next day,

the deceased's body was taken in one of Murdoch's taxis,

by this man Mullen, and dumped on the railway.

You were demoted for attempting to intimidate the deceased into

disclosing matters that may well have put his life at serious risk!

-Objection.

-Overruled.

Indeed, were it not for your misconduct,

Mr Malick may well be alive today!

-Objection.

-Sustained!

No further questions for this witness.

No re-examination.

The Crown call Fiona Malick.

I understand, Mrs Malick, that the accused, William Kennedy,

was a client of your late husband.

Yes, but Paul never discussed his business with me.

I realise this is a distressing time,

but did your husband ever indulge in any...

extra-marital activities to your knowledge?

You mean affairs? Yes.

When he wasn't at home,

I was never sure if he was working or...elsewhere.

Did he mention a Mandy Kennedy? Wife of the accused?

No, but he did receive calls from a woman of that name.

Did she ring the house?

None of them rang the house.

I heard him talk to her on his mobile.

-And who did you take her to be?

-Objection. Calls for an opinion.

Sustained.

Did you know who she was?

I had no doubt she was yet another of his women.

And that he was having an affair with the accused's wife?

Shortly before your husband's body was discovered,

you had a visitor at your home, is that correct?

A man named Murdoch. He claimed to be a colleague of Paul's.

Did he say why he was there?

He said he wanted a wee chat, but Paul wasn't answering his phone.

He gave you the impression your husband was avoiding his calls?

Yes.

So, he appeared quite keen to have this wee chat with your husband?

Very. He started going through his desk.

In an attempt to discover his exact whereabouts at that time?

Leading.

Withdrawn.

Did he warn you your husband may be in danger from someone,

or assist you in any way whatsoever?

-No.

-And I think you threatened

-to call the police if he didn't leave.

-That's right.

And after the visit of this man, Murdoch,

who so desperately wanted to find him,

your husband's dead and mutilated body was discovered.

I'm obliged, Mrs Malick.

No further questions.

On the 11th of March this year, did you speak to James Mullen?

Yes.

And how did he appear? What was his mood?

He seemed a bit worried.

Did he tell you what he was concerned about?

Objection, hearsay.

Sustained.

Do you know if there was any bad blood

between the deceased and the accused?

Objection!

SHE SIGHS

The indictment states the accused evinced malice.

Rephrase the question.

Was the deceased having an affair with Mandy Kennedy?

Billy spent a lot of time away.

You know, people get lonely.

Mr Murdoch, do you know who killed Paul Malick?

Well, that depends what you mean.

I know who I think done it.

But then, the dogs in the street know that.

SCARLETT: Right, thank you, doll. See you later on.

-This one, ta.

-Er, that's £3, please.

Thank you. CASH REGISTER WHIRRS

-£2 change.

-Thank you.

It's like a big letter box, except you're the postie.

You give this to your da and he'll get a big surprise.

Tell him it's from a friend of his.

I'll call him later, OK?

Good girl. Bye just now.

My client had been in your flat on various occasions

and has also used your taxi firm. Correct?

Yes.

So, his fingerprints could easily be found in your flat or cabs?

Yeah, I suppose.

I understand you and the deceased had a...

heated exchange in his office, the day he died?

-We had a few words, but...

-And did these words continue in your flat

the same evening when, it is alleged, Mr Malick was murdered?

-What are you trying to infer?

-Where were you that night?

-Objection!

This witness has not been incriminated.

I am merely trying to establish his whereabouts at the relevant time.

I will allow it, but caw canny, Mr Osbourne.

Well? Where were you?

I was taking delivery of some tyres.

-Can anyone vouch for that?

-Only the driver.

I don't know his whereabouts.

So, you had an argument with a man

who, soon after, winds up dead in your taxi,

driven by your employee, and you can't prove where you were?

Mr Murdoch, isn't on trial here!

More's the pity.

No further questions.

Right, that's me.

-You all right?

-Aye, fine.

-Wonder how it's goin' in the court?

-What time do you finish?

Half an hour. Thanks for goin' to get the weans.

-You don't mind?

-No.

-Sure you're OK?

-Stop worrying.

LOCKS CLICK OPEN

I'm sorry I'm late. Right, troops, who fancies a trip in my taxi?

-Me!

-Can we go for ice cream?

-Of course we can, princess.

-Daddy.

-Oh!

-Did you make this at school?

-No, it's from your friend.

-Who gave you this?

-A man.

-Where did he go?

-I don't know! You're hurting me!

I'm sorry, darlin'. Let's go, kids.

Quick. Hurry up now. Run, come on, let's go.

You two, stay there. I'll be right back!

-Is Lenny in?

-Oh, he's still at court.

The minute you hear from him, tell him to get in touch.

Jimmy, Jimmy, listen, there was a young fella in here lookin' for you.

What did he look like?

-Ordinary. About medium height.

-What did he want?

He never said. But... CAR ALARM WAILS

Just get Lenny to call me!

WAILING CONTINUES

ALARM STOPS

Right, get changed out your school clothes, OK?

'This is Lenny, I cannae take your call the now. Leave a message.'

Lenny, it's me. That scumbag Kennedy, he's threatened the kids.

Call me as soon as you get this!

HE SIGHS

MOBILE PHONE RINGS

Lenny?

'Lenny?'

Who is this?

All right, Jimmy?

'Did you like the card?

'That your missus that works in the shop?'

Nice bit of stuff.

At the moment, anyway.

Who the hell is this?

'Two lovely kids, as well.

'If you want them all to stay that way, you'll do as you're told.'

-You dirty...

-'Go in that witness box,

'and I'll put they weans in a wooden one.

-'When I'm finished wi' them, that is.'

-I'll...

A pint of lager, please.

MOBILE PHONE BEEPS

'You have one new message.'

'Lenny, it's me, that scumbag Kennedy, he's threatened the kids.

'Call me as soon as you get this.'

-Are the weans all right?

-Come in out of danger!

-Jimmy!

What is it? What happened?

That's what's happened! An' it's all down to you!

Now, you made me give that bloody statement!

Billy's got no' clout. He's playin' mind games.

Aye, well, they're working!

If I go to that court, this'll never end!

He's labelled a grass in the jail - he's not got any favours to call in!

Is that right?! So, who went up to the school, eh?

-Who went into the office and asked Molly for my number?

-I don't know!

-But I'll take care of it!

-Like you've taken care of everything else? No, I don't think so. No, no, no.

I've no' even taken the stand an' they're threatenin' my family again!

-No, no danger I'm doing this!

-You need to this, Jimmy.

What do you mean?

What did you tell them in that court?

-Lenny!

-What could I tell them?

-They were trying to pin the murder on me!

-Join the club!

Look, I'm serious, here.

You're the only one that can put Billy away for good.

-You never said that this morning!

-Yeah?

Well, I was up that court and I got ripped to bits!

You don't take to the stand, Jimmy, Billy's going to walk!

He's going to get away with it!

FRONT DOOR OPENS AND CLOSES

What's goin' on!?

THEY GASP LENNY: It's all right.

-I'll take care of it.

-No! I'm gonnae phone the police.

-What're they gonnae dae?!

-More than you've ever done for this family!

KELLY-MARIE: Hello? Um... FRONT DOOR OPENS AND CLOSES

DI DONALD SIGHS: Sick.

Even by Billy's standards.

-How are the family doing?

-Scared witless.

HE GRUNTS

First, I'm torn to shreds, then Murdoch's fiasco, now this!

Without Mullen, Kennedy'll walk.

Right...

We need the family to know we are taking this seriously.

Otherwise, our star witness might be about to do a runner.

Any description of this lowlife?

Nothing that helps.

Right, find out if the school's got CCTV.

Also, the shop where the card was bought and the subway.

He might've came in by train.

And get uniform to speak to the teachers. Somebody might have seen

-this guy speaking to the kids at the gates.

-Will do, sir.

Also, find out who, if anybody, visited Kennedy in prison,

-and who he was pally with inside.

-That shouldn't be a long list.

HE SNORTS These threats started yesterday.

So I want the Mullen house watched round the clock

and a marked car parked right outside of it.

Nobody goes in without our say so.

Or out.

-Yes, sir.

-Good.

-And Cooper... Have the lab checked that for prints?

-Not yet.

Tell them to give it a priority!

HE SIGHS

Lenny, I cannae mind much. He was only in for a minute.

Come on, Molly, think. It's important.

Well, he was sort of, um...

average height and average build and sort of light-brown hair.

Well, that's narrowed it down(!)

Well, I didn't notice that much. I was too busy answering the phones.

-There must have been something?

-No' really.

Let me think, em...

Em, he'd blue jeans on and a black and grey jacket.

-That it?

-Er...it had a hood.

-A hood.

-And he was looking a wee bit peely wally.

What's goin' on?

HE DIALS A NUMBER

Come on. Come on!

Yeah, hello?

Give me Hamish Johnston.

I cannae risk goin' to court.

Not after what happened.

The polis said something about protection.

No. Put us out to some scheme with a mobile phone and a panic button?

And what if I show up and Kennedy gets off, anyway?

Well, at least you won't be in prison.

It would be waitin' for him to turn up on the doorstep.

No. I'd rather do the time, make sure yous are safe.

Well, what if we're not?

Well, you cannae protect us from inside the jail.

And what about wee Madonna, growin' up without her daddy?

What about the rest of us? You could be away for years, Jimmy.

I'm damned if I do and I'm damned if I don't!

Why don't we just up an' leave right now?

I'll go and waken up the weans. We'll just slip away quietly.

What, with a cop outside the door?

I'm sorry, Scarlett, I just... I...

I just dunno.

I don't know anything any more.

Jimmy...

You'll make the right choice.

CLOCK TICKS

Yeah, OK, thanks.

No sign of Mullen at court yet.

Well, we'll see. It's early doors yet.

Court.

-Good morning.

-ALL: Morning, m'lord.

Carry on, Advocate Depute.

Call James Mullen.

James Mullen?

No reply from James Mullen, m'lord.

CAR ALARM CHIRPS

Hey, hey, what's this, then? Windin' down after work?

You no' got a halfway house you should be doing that in?

I don't know what you're talking about, pal. Beat it.

Hey...

On your feet.

M'lord, this man is a crucial Crown witness,

and I'd ask for a warrant to arrest him.

BRISK FOOTSTEPS APPROACH

DOOR SQUEAKS OPEN

Mr Mullen?

Please, go into the witness box.

Raise your right hand and repeat after me.

-I swear by Almighty God...

-I swear by Almighty God...

..that I will tell the truth, the whole truth

and nothing but the truth.

TELEPHONE RINGS

DC Cooper.

Who?

On the night of the 11th of March, 2014,

you were asked to pick up a fare at The Tall Ship pub in Shieldinch?

That's right. It was around...midnight.

When you got there, was someone waiting for you?

Mr Mullen?

Yes. Yes, there was.

Do you see him in court?

That's him there.

If you've come to offer your help, you're too late.

Let's hope not, eh?

Mr Mullen, you've told the court the accused coerced you

into helping dispose of the deceased's body.

How did he know you wouldn't immediately go to the police?

He put a gun to my head and said, if I grassed...

..he would kill my family.

PEOPLE MURMUR

He said I should remember...

..how it feels...

just waiting for him to pull the trigger...

..and how they would feel...

on their knees, waiting to die.

DOOR OPENS

You cannae dae this. I was brought here against my will.

Strange.

I've noted that you walked in and gave yourself up.

-Cooper?

-That's how I remember it.

I'm entitled to a phone call.

HE SNORTS

I think you've made enough phone calls, don't you?

You were interviewed by the police in connection with this matter,

and asked about your movements that night, is that correct?

That's right.

And when interviewed by Detective Sergeant Grant, you said...

"My cab was stolen. I was stuck out in Moss Green, no phone, nothing."

Was that true?

-No, but...

-So, you lied to the officers investigating this case?

Well?

-Yes, but...

-And stuck to your story for some considerable time, correct?

-Yes!

-You lied then, and you're lying now!

I'm telling the truth.

I put it to you, Mr Mullen, that you are a stranger to the truth.

Why should anyone here believe you?

These threats you told us about.

Did you report them to the police?

I was too scared.

Yet, after you were detained,

you provided them with a detailed statement blaming my client.

Hardly the act of a frightened man. Rather of one covering for himself.

The fact is, you'd nothing to fear from the accused

as neither you nor your family were threatened by him.

That's not true.

He did it again yesterday.

How could he? He's in custody.

Well, he didn't do it personally.

Then, who did?

I don't know!

You don't know, because it's just another one of your lies, isn't it?

You any idea how much trouble you're in?

-We're talking, what, ten, 12 years?

-If he's lucky.

Did I mention Mrs Mullen and her mother can both ID you?

-Perverting the course of justice.

-Threatening a witness.

Telling him you would interfere with his kids and then kill them?

And turning up at the school gates?

-It's a wonder you're no' wearing a dirty Mac.

-Wait a second.

You cannae dae this.

-It's the kind of offence that gets your name on the sex register.

-Mmm.

The boys at the Bar-L will be delighted to have you back.

-I want my lawyer.

-Yeah, call his lawyer.

-Good idea.

That way he'll be on remand again by tomorrow.

Kennedy made me dae it!

He said, if I didn't, he would have me done in.

I hope we're not too late. Mullen might have finished giving evidence.

Well, it's a long shot, but it might be our only chance.

The truth is, acting on Murdoch's instructions,

you murdered Paul Malick, dumped his body

and blamed my client for a crime you committed.

Objection!

Sustained!

No further questions.

DOOR OPENS

Re-examination?

One moment, m'lord.

I should be obliged, m'lord, if you would grant a short adjournment?

Very well, I'll rise for a few minutes.

Give the jury a chance to stretch their legs.

Court.

PEOPLE MURMUR

Mr Mullen, kindly tell the court

what occurred when you collected your children at school yesterday.

Not only is this leading, but it is entirely new evidence.

On the contrary, m'lord.

It arises directly from my friend's cross-examination.

Very well.

Mr Mullen?

A man approached my young daughter and gave her a sympathy card...

..to pass on to me.

And what did this card say?

"It's a shame when they go so young."

-What did you take this to mean?

-Objection. Calls for an opinion.

I should have thought it was patently obvious, Mr Osbourne.

Overruled.

So what did you take this to mean?

That it referred to my daughter and my grandson.

How so? For my learned friend's benefit?

Well, later, a man phoned me,

and said that, if I took the witness box...

..he would put the kids in a wooden one.

LOUD MURMURING

No further questions, m'lord.

That concludes the Crown case.

Very well.

Mr Osbourne?

The defence leads no evidence.

Then we'll proceed directly to the speeches.

Yet, despite these dire threats,

James Mullen has had the courage to come to court,

to ensure that justice is done,

and the murder of Paul Malick does not go unpunished.

Accordingly, I would ask you to return a verdict of guilty

to the charge against the accused.

The Crown ask you to take the word of a self-confessed liar,

a man who lied to the police months ago

and continued to lie to you in this very courtroom.

Accordingly, I have no hesitation in asking you to acquit my client.

CLERK: Court.

You all right?

Aye, aye, just wanted a bit of fresh air.

What do you think?

Who knows?

Well, you've done everythin' you could, pal.

Aye, well...

It's up to the jury now, eh?

If anyone ever deserved to go down...

it's him.

What if the jury think I killed Malick, or have a reasonable doubt?

He could walk away, scot-free.

What, after everything he's done?

He can't. Surely. They won't.

He could!

And then what?

How long's it been now?

It's, er, just over two hours since they broke for lunch.

Feels like for ever.

It takes a while for them to get settled and select a foreman.

That's before they even begin their considerations, so.

How long's that going to take?

Your husband did his best. We all did.

Aye. Apart from Murdoch.

Yeah, well, he made up for that by bringing us Bradley.

I just assumed that you'd caught him?

No, he arrived at the station and handed him over.

Sir, the jury's back.

Clerk.

M'lord.

Members of the jury, will your spokesperson please stand?

Have you reached a verdict?

We have.

What is your verdict in respect of the accused, William Kennedy,

on the charge on the indictment?

Guilty.

Is that unanimous, or by a majority?

-Unanimous.

-Thank you.

William Kennedy...

..you have been convicted of a brutal crime,

which you attempted to conceal

whatever the cost to others.

And, as a result, there is only one option open to the court.

You will go to prison for life

and is my recommendation that you serve a minimum of 20 years

before you are considered for parole.

Take him down.

Well, he got what he wanted.

DOOR OPENS, FOOTSTEPS APPROACH

Oh...

-Jimmy. Welcome home. HE LAUGHS:

-Thanks.

Welcome hame, Jimmy.

CELL DOOR SLAMS

They've found high levels of chromium in the plot.

-What does chromium do?

-It's toxic, it's very bad news.

Even if people think that site is dangerous, they won't buy the flats.

It would jeopardise the whole Lowtherhill development.

Twice the amount, into the same account, and you'll have

-the clean report tomorrow morning.

-You've got a brass neck, Eric.

You've got chromium.

You're asking me to build on toxic ground!

-I live here.

-It's not toxic.

-It is!

I'm not a builder. I don't know about ground reports or anything like that.

It stinks. It's a cover-up.

It's a case of bend or snap, Alan.

This development will go ahead, with or without you.

Work with me. I can see a future here.