CHAPTER 22 The Trial
The weeks
rolled by and Mary was the happiest she had ever been. Her pending motherhood
suited her and everything at work was going smoothly.
Jock’s Feshie
Forestry was doing far better than expected and he had bought a small tractor
and other implements for the croft. The Duke of Gordon Hotel was taking all the
eggs and vegetables that he could produce. Mary missed Rambo greatly but not as
much as Jock did. They decided to get another dog once the baby was born. If
the truth be known, Mary was enjoying the attention Jock was giving her, full
of concern for her well-being and insisting on doing small menial tasks for
her.
Their haven of happiness was broken when they both received citations to appear as witnesses at Inverness High Court in the case against James Arthur and Co later in the month.
By this time, Mary was heavily pregnant and was close to when the
baby was due. However, she was determined to give evidence and get it over
with. Jock was more concerned about losing time off work.
The day for their court appearance came round quickly. They were
both in awe of the High Court’s solemn opening ceremony and thankful for the
reassurance given by Sergeant McLeod and the female police officer, who helped
Mary at Nan Cameron’s house, as they sat in the witness room waiting to be
called.
Mary was the
first to be called and in the witness box she took the oath of truth before a
silent courtroom. Seeing how far Mary was into her pregnancy, the judge looked
concerned and, after thanking her for attending in her condition, asked her if
she was up to the task of giving evidence. Mary assured him that she was.
The four
accused men sat in the dock, heads bowed in obvious embarrassment. Apart from
Ian Greer, all showed signs of the injuries inflicted by Jock. Slim Jim still
had a plaster on his right hand. Mack the Knife had a bandage on his head and
Paddy Mckenna’s face showed scars of disfigurement from the boiling tea.
Mary answered
all the questions from the procurator fiscal with ease, giving a factual and
detailed account of the event in question. When she admitted that she was
pregnant when ordered to strip and was threatened with rape, a chorus of
‘shame’ came from the public gallery. The noise was silenced by the judge,
“Order! Order or proceedings will continue in private!”
The defence
lawyer was William Liddle who Mary had already encountered in the case against
Tommy Arthur in Glasgow. He spoke to Mary in an arrogant and condescending
manner, questioning her with the view that she had a vindictive attitude to his
clients and that what took place was a very exaggerated version of events.
Mary’s anger
was roused and she answered, “Through the actions of the accused, I almost lost
the baby that I have yearned for years and if you think I concocted such a
story, you have been living a life of falsehood and don’t recognise the truth
when it appears before you.” She saw the jury smiling and some were even
stifling a little chuckle.
Mr Liddle
muttered, “No more questions” and sat down with an embarrassed scowl on his
face. The trial was then adjourned for lunch.
Mary, Jock,
Sergeant McLeod and his colleague had lunch together in a nearby restaurant
where Mary told them of her ordeal in the witness box. Back in the foyer of the
courthouse, Jock left the group to go the toilet. As he approached the urinal,
he heard the door behind him open but thought nothing of it.
Caught
unaware, two arms suddenly had him in a vice-like bear hug from behind and
lifted him off the ground, spinning him round to face a man holding an envelope
in one hand and a colt revolver in the other.
“You have a choice,” he was told, “take twenty thousand pounds in
this envelope to refuse to give evidence or take a bullet that will shut you up
for ever.”
Jock’s mind went into overdrive, “Alright, I’ll take the money.
When I left school, I would have had to plant nearly a million trees to earn
that.”
“Wise
choice,” sniggered the gunman and Jock felt his arms, which had been pinioned
to his side, being released.
At that
moment, the door opened and Sergeant McLeod walked in, immediately sized up the
situation and punched the gunman on the side of the head, causing him to stagger
across the floor. Jock immediately took advantage of the diversion and, using
the judo hip throw, catapulted his adversary onto the urinal. The revolver was
discharged and the noise vibrated through the whole building. The bullet tore a
hole in Jock’s right shoulder, making him wince with extreme pain. The sergeant
followed through his attack by kicking the revolver out of the gunman’s hand,
drawing his baton and then hitting the gunman over the head with an almighty
blow. His victim fell to the floor and lay there in an unconscious heap.
Court
security and police rushed in and could not believe their eyes as they took in
the scene. A big bear of a man lay sprawled and groaning over a urinal, another
man lay on the floor bleeding from a head wound and banknotes were lying
scattered on the floor. Jock was leaning against the wall, trying to staunch
the flow of blood from his shoulder with a handkerchief and Sergeant McLeod was
putting handcuffs on the injured man.
When Mary
heard the gunshot from the gent’s toilet, she instinctively knew that Jock was
involved and felt faint. The policewoman took her into the witness room for
safety and when Mary’s contractions started, she immediately phoned for an
ambulance.
Sergeant
McLeod got the situation under control very quickly. He arranged for Jock to be
taken to Raigmore Hospital in a police car, the prisoners were taken into
custody and the weapon and money were sealed and labelled for forensic
evidence. He then made his way to the private chambers of the High Court judge
and gave him an eyewitness account of what had taken place. To say that the
judge was furious was an understatement and he cancelled the court proceedings
for the day.
The sergeant
notified his superiors and then visited Jock in casualty at Raigmore Hospital.
Fortunately, the wound was just a deep graze, which looked a lot worse on
account of the amount of blood shed.
Although he
protested, Jock was kept in overnight for observation due to the amount of
blood he’d lost. When he asked about Mary, the sergeant told him that he would
find out and report back after he had made enquiries at the courthouse.
Arriving at
the courthouse, the sergeant was amazed to see a large gathering of newspaper
reporters and two television crews being briefed by Chief Inspector Alistair
Walker, who was acting as though he had taken control of the situation himself.
When Sergeant
McLeod found out that Mary had been taken to the maternity ward in the same
hospital, he returned to casualty. By this time, he felt that a bond of
friendship had developed between him and Jock. He telephoned Nan Cameron to let
her know what had happened and asked her to bring Mary’s suitcase which she had
packed in anticipation of being taken to the maternity unit and some fresh
clothes for Jock.
Later in the
evening, as Jock was being interviewed in hospital by the Inverness CID, Nan
and Jean entered the ward. Nan immediately gave the detectives a strong
objurgation as to why they had not done enough to protect Mary and Jock. So
intense and straight to the point was she that the detectives were glad to
leave the ward.
Without
permission and accompanied by Nan and Jean, Jock left casualty and they made
their way to find Mary. Negotiating the many corridors, they finally arrived at
the reception area of the maternity unit. Making enquiries as to the
whereabouts and condition of his wife, he was given the news that he was the
father of a baby girl who was now about fifteen minutes old, and that mother
and daughter were doing well.
The news struck Jock like a thunderbolt, making him feel weak at
the knees, just as though he had been given a knockout punch in the boxing
ring. Despite the congratulations from Nan and Jean, he found it difficult to
believe that he was now a father. Eventually he was allowed in to see Mary who
greeted him with, “Jock Stewart, if you want any more children you can have
them yourself.”
After kissing Mary gently on the forehead, he looked into the
bedside cot where his daughter lay. As he put a hand on the side of the cot, a
tiny hand reached out and gripped his finger. I am going to be responsible for
this gift for the next twenty years he thought as he gazed into the cot.
Holding
Mary’s hand, he satisfied her curiosity about the confrontation in the toilet
with a very watered-down version of what had occurred. Nan and Jean were very
disappointed that they had not been allowed in to visit Mary and the baby but
were looking forward to seeing them the next day. As they all returned to
Jock’s ward, they met Sergeant McLeod and told him the good news.
“You will
remember this eventful day for the rest of your life,” said the sergeant,
before adding his congratulations and confirmed that Jock would be able to
attend court in the morning.
The newspaper
headlines the next day were all about the drama at Inverness High Court.
Stepping into the witness box to take the oath, Jock glowered at the prisoners
in the dock who could not meet his gaze. The judge thanked him for attending
and asked Jock about his wound and how his wife was.
“The wound is not as serious as it first appeared and my wife is
now the proud mother of a baby girl who was born yesterday evening,” announced
Jock. The judge smiled and offered his congratulations, at the same time as
there was a ripple of applause from the public gallery.
Jock gave his evidence in a steadfast manner, aided by a very
skilled procurator fiscal. The defence lawyer, Liddle, tried to find fault in
Jock’s testimony, but Jock was resolute in his answers until finally Liddle
suggested, “I put it to you Mr Stewart that my clients only came to frighten
you and your wife with no intention of causing any harm and that you
over-reacted.”
Jock, by this
time, had been in the witness box for well over an hour and was annoyed with
the arrogant manner in which he was being questioned. He replied, “Why then did
they come armed and butcher my faithful terrier? Yes, I experienced fear, not
for me but for my wife. They cut my telephone line, ordered my wife to strip
naked and then threatened to trash my house which I have spent years and a lot
of money on to make comfortable for my family.”
“No more
questions,” said Liddle.
“Can I ask
you a question?” enquired Jock.
“Yes, if you
must,” was the haughty answer.
“Are you not
ashamed to earn such a large salary defending the likes of these four pieces of
scum that are sitting there, while ordinary people like me earn a modest living
by the sweat of honest toil?”
“Mr Stewart,
you are out of order,” declared the judge.
“If I am out
of order then so is the truth and that is a sad day for justice in Scotland,”
declared Jock.
“Another
outburst like that and I will find you in contempt of this court,” commanded
the judge, whereby Jock thought enough is enough and kept quiet.
That afternoon other witnesses such as police, medical staff and
forensics were called and then the judge called a halt to the proceedings,
stating that both the defence and the prosecution summing up would be held next
day.
After visiting Mary, Jock drove home to Achlean, very much missing
the welcome that he would have received from Rambo.
The following
day, the courthouse was full of newspaper reporters and television crews were
outside. When the summing up by both the prosecution and defence councils were
completed, the jury retired to reach a verdict. Within thirty minutes, they
returned and when the foreman of the jury was asked if they had reached a
verdict he replied, “By a unanimous decision my lord, guilty on all charges.”
A burst of
cheering erupted from the public gallery. After calling for order the judge
announced sentence. Fourteen years’ imprisonment for Slim Jim, ten years for
Mack the Knife, ten years for Paddy Mckenna and six years for Ian Greer. The
prisoners, standing up to receive sentence, were shocked at the severe
punishment and sat down in dismay before being led away to their cells by the
court officials.
In his
closing speech, the judge called on authorities in all walks of life to be
aware of the evil tentacles of organised crime destroying the lives of ordinary
citizens. “This trial all came about because a crime lord was innocently sent a
cheque by a woman who, as a result of the actions of these men I have just
sentenced, nearly lost her unborn child. It is ironic that a man who has served
his country in armed conflict in the Falklands should be injured within the
curtilage of my court while waiting to give evidence. This conduct cannot be
allowed to continue in this country or civilisation as we know it will be
eradicated.”
As the judge
left the courtroom, Sergeant McLeod took Jock outside via the rear entrance to
avoid him being photographed or interviewed by any of the newspapers or TV
crews. He then took him in his own car to the hospital.
After
visiting Mary and telling her the results of the court case, Jock was taken to
his own vehicle which he then drove home to Achlean.
Driving up the glen, he encountered a police car which was
stopping any vehicle going to Achlean to prevent reporters from trying to get
an interview, such was the interest in the day’s verdict at Inverness High
Court.