Final Witness

Simon Tolkien

Final Witness

Dedication

This book is dedicated to my wife, Tracy.

Without her it could not have been written.

Epigraph

Turning over and over in the sky, length after length of whiteness unwound over the earth and shrouded it. The blizzard was alone on earth and knew no rival.

When he climbed down from the window-sill Yura’s first impulse was to dress, run outside and start doing something. He was afraid that the cabbage patch would be buried so that no one could dig it up, and that his mother, buried in the open field, would helplessly sink deeper and deeper away from him in the ground.

From Doctor Zhivago,

Boris Pasternak

Contents

Cover

Title Page

Dedication

Epigraph

A Personal Note on the Writing of Final Witness

Chapter 1

My name is Thomas Robinson. I am sixteen years old.

Chapter 2

In a tall nineteenth-century house on a fashionable street in…

Chapter 3

It hadn’t always been like this between Greta and Thomas.

Chapter 4

Peter took the stairs two at a time but at…

Chapter 5

The sound of the clicking cameras and the reporters’ unanswered…

Chapter 6

The first thing that Greta was aware of on entering…

Chapter 7

Judge Granger allowed his eyes to travel down the two…

Chapter 8

One hundred and twenty miles to the east of the…

Chapter 9

It had been a long time since Thomas had stayed…

Chapter 10

Thomas woke at ten o’clock in a pool of sunshine…

Chapter 11

The next morning, Thomas waited at the top of the…

Chapter 12

‘And now, with your Lordship’s leave, I will call my…

Chapter 13

On Friday the court did not sit until half past…

Chapter 14

Greta left the courthouse by a side exit and walked…

Chapter 15

‘How was it, honey?’ asked Peter.

Chapter 16

They got to Rowston with the dawn. It was the…

Chapter 17

After the funeral, Peter stood beneath the portrait of his…

Chapter 18

‘The next witness, my Lord, is Matthew Barne.’

Chapter 19

Police Constable Hughes arrived in court in full uniform other…

Chapter 20

On that same Monday afternoon, the third day of the…

Chapter 21

‘Right, Mr Lambert, remember the age of the witness and…

Chapter 22

Peter sat in the back of his official car drumming…

Chapter 23

Peter paced the rooms after Greta had left, checking off…

Chapter 24

Thomas walked over the Albert Bridge and on into Battersea…

Chapter 25

The Family Records Office opened at ten o’clock on Thursday…

Chapter 26

Afterwards Thomas never knew how they managed to get through…

Chapter 27

The man was dressed in a white paper suit. The…

Chapter 28

On a bright spring day four years later Thomas drove…

Prologue

Also by Simon Tolkien: The King of Diamonds

Also by Simon Tolkien: The Inheritance

About the Author

Praise

Other Books by Simon Tolkien

Copyright

About the Publisher

A PERSONAL NOTE ON THE

WRITING OF FINAL WITNESS

I never thought I would be a writer. I think in retrospect that I always felt overshadowed by my famous grandfather, J.R.R. Tolkien, and believed that it would be presumptuous to even think of following in his footsteps. Instead I took the safe course after leaving university and went to law school in London in order to become a solicitor. I didn’t want to go – it felt at the time like I was voluntarily putting on a straitjacket, and for the next few years it really did feel like my horizons had narrowed as I learnt company and land law statutes by rote, and sat in an Islington law office under the senior partner’s watchful eye, conveying houses and flats from one North London owner to another. But then one day – several years after I qualified – I was told to go and represent a man accused of an assault at Highbury Corner Magistrates Court. I lost the case but a new and unexpected world opened in front of me. It was certainly scary – the magistrate was quite fierce and the prosecution lawyer didn’t give an inch, but the courtroom was exciting. The decisions that I made mattered and I had to think fast and on my feet.

Soon afterwards I changed firms and began to work full time in criminal law. Now I was spending a lot of my time in prisons like Brixton and Wandsworth preparing serious cases for trial, but there was something missing. I had to hand my work over to a barrister when the day of trial arrived and I realised with growing frustration that I wanted to present the cases in court myself. Perhaps arrogantly, I believed that I could do just as good a job of breaking down witnesses and convincing juries. I knew it was going to be difficult becoming a barrister – there were few job openings and the tall wrought-iron gates of the Inns of Court seemed an impenetrable barrier when I drove past them along the river. But I made endless applications and in the end I got lucky – I got taken on at 2 Paper Buildings in the Temple and finally realised my dream of representing defendants in the Crown Court.

As a barrister I tried to be ready for all eventualities but of course I never was. The court was a live theatre where the course of a trial could change in a moment – defendants who fervently insisted on their innocence could well be guilty and each side’s witnesses could be lying for any number of reasons. The jurors seemed to be watching your every move, and the judges were far fiercer than the magistrates I had encountered in the lower courts. I enjoyed arguing the law – sometimes the outcome of a trial could depend on the interpretation of a single word in an obscure statute, but most of all I loved the human drama of the courtroom. Masked behind the legal language and procedures lay raw human emotions and terrible events – gruesome crime scene photographs or a witness’s sudden collapse could tear away the veil of formality at a moment’s notice.

I loved my work as a barrister, but as the millennium approached and the Peter Jackson movies of The Lord of the Rings appeared on the horizon I began to feel restless again. Now everyone in the world seemed to be talking about my grandfather, and in sharing his distinctive surname I felt that I needed to forge an identity of my own and become a writer in my own right. I had grown in confidence as a barrister and I no longer felt so inhibited by my grandfather’s achievements. For the previous ten years I had kept a diary, even while remaining convinced that I couldn’t write, and through the thousands of daily entries I had slowly found a voice that I was comfortable with. I wrote my first book in nine months working at weekends and in the evenings after court, and dispatched it full of optimism to innumerable literary agents in the UK and US, only to find that each and every one of them turned it down with varying degrees of politeness. Slowly and reluctantly it began to dawn on me that this first novel wasn’t a masterpiece but rather a necessary learning experience, a way of teaching myself how to write fiction. I found it very hard to start over, but I steeled myself to do so, and one spring day I sat down in my back garden and began work on the novel, which became Final Witness, first published in the UK under the title The Stepmother.

I made an important decision with the book at the outset. I wanted above all to make my readers suspend their disbelief and so I set my book squarely in a world that I knew – the world of criminal law. I decided that I would tell the story of a family torn apart by jealousy, murder and accusation through the medium of a trial in the most extraordinary courthouse that I had ever worked in – London’s Old Bailey, where the judges wear black and the most notorious and important cases are tried.

Final Witness was a success – it was translated into eight languages and has changed my life. In the years that have followed I have given up the law, moved to California and become a full-time writer. Having had two more novels published in the States – The Inheritance, also a courtroom drama, in which a detective races against time to save an innocent man from death by hanging, and The King of Diamonds, in which the same detective faces personal ruin as he accuses his wife’s lover of a double murder – I am now hard at work on a new novel about a fictional assassination attempt against Winston Churchill, and I am delighted that HarperCollins is to publish all three of these books in the coming year. However, Final Witness still holds a special place in my heart. I wrote it with passion and determination and the day of its publication was the proudest moment of my life, reinforcing my belief that the most wonderful and unexpected things can happen to people if they stay the course and remain ready to seize new opportunities as they appear.

Simon Tolkien

Santa Barbara, California

June 2011

CHAPTER 1

My name is Thomas Robinson. I am sixteen years old. Today is Thursday, 6th July, and I am making this statement to Detective Sergeant Hearns of the Ipswich Police. I have made two statements already in these proceedings. Everything that I say is true to the best of my knowledge and belief, and I make this statement knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated anything which I know to be false or do not believe to be true.

I live in the House of the Four Winds, which is on the outskirts of the town of Flyte on the coast of Suffolk. The only other person who lives here now is the housekeeper, Jane Martin, who looked after me when I was a boy. My father never comes to visit me any more.

My mother was killed in this house on the 31st May last year. I described everything that happened in my first two statements. Two men came and murdered her. One of them had a ponytail and a scar behind his jaw. I was here too but hidden in a secret place behind the great bookcase at the top of the stairs. It was made for Catholic priests to hide in when the Protestants were searching for them hundreds of years ago. I hid there but my mother didn’t. She couldn’t because there was not enough time. That’s why she died.

The men didn’t see me, but I saw the man with the scar through the little spyhole in the bookcase. He was bending down over my mother, and I saw him when he got to his feet with something gold in his hand.

I remember his face more clearly than any face I’ve ever seen, although I only saw him for a second or two. It’s like my memory took a photograph. Small, dark eyes, thin, bloodless lips and a thick scar that ran down from behind his jaw into his strong bull neck. You could see the scar because he had his black hair in a ponytail.

I’d seen the man before. He was with Greta in London. It was six weeks before he killed my mother. I only saw him from behind, but I know it was him. He had the same ponytail and the scar.

Yesterday evening at about seven o’clock I saw this man again. For a third time.

Jane Martin goes to the town hall in Flyte on Wednesday evenings for the Women’s Institute, and so I was alone in the dining-room eating my dinner. There are windows looking out to the front and towards the lane on the north side of the house. They were all open. I think I was listening to the sea and remembering things like I some times do.

I don’t suppose I would have heard them come if the television had been on, but I felt that something was wrong as soon as I heard the car pull up in the lane. We use the lane to go down to the beach, but nobody else does. It’s too far out of town and I wasn’t expecting any visitors.

They came through the door in the north wall just like they did on the night my mother died. They must have had a key. I saw them coming down the lawn to the front door. They were moving quickly, and there was no time for me to get upstairs to the hiding place behind the books where I’d hidden before. I ran instead to the old black bench, which is beside the door going from the dining room into the hall. It has a seat that opens up and I got in there. There are carvings of Matthew, Mark, Luke and John on the front, and you can see out through the holes in their eyes. When I was small, I used to climb in there when I played hide-and-seek with my mother and Aunt Jane, but now I didn’t fit very well and I was frightened, very frightened.

The police have installed a panic button in the house, and I pressed that before I got in the bench. It’s connected to Carmouth Police Station and makes them come if I need them.

I was in the bench when they came in through the front door. There were two of them and they used a key. I’m sure of that. The one with the scar was in charge, but he didn’t have his hair in a ponytail this time. He wore it long so I couldn’t see the scar. He called the other man Lonny. They wore leather jackets and jeans, and Lonny was wearing a baseball cap. He was overweight and looked like a boxer. I’d never seen Lonny before. I’d say they were both in their thirties, but they could have been older.

They looked around the rooms downstairs for a while, but they didn’t touch anything and they had gloves on.

Then the one with the scar said, ‘Lonny, watch the fucking road while I go upstairs. The kid’s behind that bookcase where he was before. Greta told me how it works.’

Lonny came and stood really close to where I was, but I couldn’t see him because he was to the side of me, and the man with the scar went upstairs. It was really hard not moving and I tried to hold my breath. That made it worse, and I thought Lonny would hear my heart beating. It sounded so loud to me.

About a minute later the man with the scar was back and I could hear anger in his voice, like he was getting ready to do something really bad. He wasn’t shouting though; it was almost as if he was talking through his teeth. And I can’t remember the exact words he used. All I can do is give the gist of them.

‘Fucking kid’s in here somewhere,’ he said. ‘Look, he was halfway through eating when we got here. He can’t have gone far.’

‘Want me to turn the gaff over, do you, Rosie? I’ll find him for you.’

I could hear the eagerness in Lonny’s voice, like he really wanted to break something.

‘No, I fucking don’t. I don’t want you to touch anything, you moron. Just keep a fucking watch and leave it to me. And don’t call me that again.’

The fat man went to stand by the front door. It was half open.

‘Lonny the loser,’ said the man with the scar. ‘He’s a fucking loser, isn’t he, Thomas?’

I couldn’t see him but he wasn’t far, and I almost answered because he said my name so suddenly and naturally, but I bit my tongue instead.

‘I’m sorry about your mother, Thomas. Really I am. And I promise you that you’ll be fine. Scout’s honour, Tom. Scout’s honour. All we want is to take you on a little holiday. That’s all. Until this trial is over and done with. Somewhere nice and sunny with plenty of foreign girls. Topless beaches. You’d like that, wouldn’t you, Tom? So why don’t you be a good boy and come out and we can get to know each other.’

I could hear him moving about opening doors and cupboards all the time he was talking in this mock-friendly voice he’d put on, but now there was a pause. When he spoke again, the hard edge was back in his voice.

‘Too scared to come out, are you, boy? Too fucking scared. Want to play fucking games with me, do you, you little runt?’

He stopped suddenly, his voice cut off by the sound of the siren, and a second later they ran out of the front door. They must have waited in the lane until I buzzed the police in through the front gate and then driven away without anyone seeing them.

I would recognize both these men again, and I would also recognize the voice of the man with the scar. It was soft and he said the bad words slowly, like he enjoyed saying them over and over again. I think he would have killed me if he’d found me. I really think he would.

Like I said before, I have tried my best to give the gist of what the men said when they were in the house, but I can’t remember all their exact words. However, I am sure about the names they called each other and I know that the man with the scar said about the hiding place that ‘Greta told me how it works.’

When I went upstairs with the police officer afterwards, the door in the book case was standing half open.

I confirm that I am still willing to attend court and give evidence for the prosecution in the trial of my stepmother, Greta Robinson.

Signed: Thomas Robinson

Dated: 6th July, 2000.

CHAPTER 2

In a tall nineteenth-century house on a fashionable street in Chelsea, Greta Robinson was getting dressed. She kept very still, with her head slightly to one side as she considered herself in a full-length Victorian mahogany mirror positioned in the middle of the master bedroom. She was wearing a sleeveless black Chanel dress cut just above her knee, a pearl necklace and a thin gold watch on her left wrist. She stood five feet seven inches high in her stockinged feet.

Greta’s short black hair matched her dress. It was swept back above her small ears and so exposed the full width of her cheekbones. There was something faintly Asiatic about her face, and her cool, green eyes accentuated an aura of detachment. However, this was contradicted by her full, red lips, untarnished by lipstick and always slightly parted as if she was about to tell you something that would change your life for ever. Contradiction was the secret of her attraction. The boyishness of her face was in opposition to the fullness of her figure. With an easy motion she stepped out of the dress and looked at her nakedness for a moment with a half-smile. Her full breasts needed no support, and there was no trace of fat around her hips or waist. There had been no child to change her contours.

Turning, she picked up a Christian Dior dress from where it lay draped across the back of a nearby Chippendale chair and put it on. It was black like the other, but it had sleeves, the hemline was longer and the neck was cut higher. Greta’s eyes hardly blinked as they concentrated on the reflected image of their owner. There was much for her to admire, but it was not narcissism that motivated her scrutiny today. Appearance was vital. Her barrister, that wily old fox Miles Lambert, had told her that. She was about to go on stage. The men and women who would be gazing at her from the jury box day after day as she sat in the dock or gave evidence must learn to love her. Her fate would be in their hands.

Their lives were not glamorous. They had no titles, no designer dresses, no fashionable home to go back to after the day in court was over. Nobody noticed what happened to them. She must not repel them. She had been, after all, just like them once upon a time.

She took off the necklace and replaced the gold watch with a simple one on a black leather band that matched her dress. Narrowing her eyes, she bestowed a half-smile of approval upon her reflection.

‘Showtime,’ she whispered to herself softly before she turned and padded over to the bed, where her husband lay sleeping. Looking at her at that moment, you’d have had to say that she was just like a cat. A sleek, well-cared-for white cat with a pair of glittering green eyes.

He looked good for his age, she thought. A full head of black hair with not too many silver flecks, a strong and wiry body; its outlines were clear and firm where he had wound himself up in his sheet during the long hot night. He had been sleeping badly for some time now, and she had often woken at three or four to see him standing by the open window gazing out into the night as if he could find some answer to his difficulties in the empty street below.

There had always been an inflexibility about the man, even before he was overtaken by disaster. He gave the impression of holding his features firm by an effort of will. It was apparent in the set of his jaw and the rigidity of his head upon his neck, but in the last year the lines on his forehead had become deeper and more pronounced. Recently he had formed a habit of passing his thumb and index finger along these furrows as if this was the only way of resting his piercing blue eyes, which never seemed to close. Except in his sleep, of course, like now, with little more than three hours to go before his second wife would go on trial for conspiring to murder his first.

Greta sat on the side of the bed and gently stroked her husband’s cheek with the tip of her finger, feeling the bristly facial hair that had grown there during the night above the hard jawbone. ‘You don’t know how to fight, do you, darling?’ she whispered. ‘You’re pretty good at conquering but not so good at fighting. That’s the trouble. You can’t step back and defend yourself; you just keep on coming until you’ve got nothing left. Nothing left at all.’

‘What’s left?’ asked Sir Peter Robinson, looking up at his wife in the confusion of his first awakening. ‘What is it, Greta?’

‘Nothing. Nothing at all, darling. Except that it’s nearly half past seven and it’s time to get up and face the jury.’

‘Oh, Christ. Jesus Christ and all his saints. Christ.’

‘I agree we could do with some help, but perhaps that’s asking too much. Come on, Peter. I need you today. You know that.’

Sir Peter unclenched his fists with a visible resolve and got out of bed. Greta stood and stepped back into the middle of the room. She put her hands on her hips.

‘How do I look?’

‘Ravishing. Like, like …’

‘I’m waiting.’

‘Like Audrey Hepburn in that movie. What was it called?’

‘Breakfast at Tiffany’s. Well, let’s hope Judge Stranger likes old movies.’

‘Granger, Greta. Granger.’

‘Whatever.’

Two hours later, John the chauffeur was driving Sir Peter and his wife along the side of the River Thames in the black Daimler with the darkened windows, which insulated the minister of defence so successfully from the population that had re-elected his party into government three years before. Two short years ago, Sir Peter had been riding high with a beautiful wife in the country and a personal assistant named Greta Grahame, whose bright efficiency had made him the envy of all his colleagues in the Palace of Westminster. But today the Daimler did not stop at the House of Commons or at Sir Peter’s offices in Whitehall but purred on towards an unfamiliar destination under the shadow of St Paul’s Cathedral: the Old Bailey, the Central Criminal Court, built on the foundations of Newgate Prison. Less than fifty years ago, men and women had been sent by the Queen’s judges to their deaths after being convicted of crimes just like that for which Greta was about to be tried.

At the entrance to the courthouse the crews of photographers and journalists, with their long insidious lenses and soft woolly microphones, were waiting for Sir Peter and his wife to arrive.

Against all the odds, the prime minister’s support had kept Peter in his position for far longer than any of his friends or enemies had ever expected. But Peter knew that he could not continue to defy political gravity if the trial didn’t go Greta’s way. Everything he had achieved was hanging in the balance, threatened with imminent destruction. And who did he have to thank for this state of affairs? His son, Thomas. His own flesh and blood.