The Disappeared (47 page)

'Yes,
Miss Denton?' Jenny said, still trying to accept that McAvoy had deserted her.

Martha
Denton produced several copies of a document. Alison brought one forward to
Jenny. The rest were distributed among the other lawyers.

Denton
said, 'In the interests of clarity, my clients felt that David Skene should
make a statement setting out the substance of his evidence. As you'll see, it
raises one major legal issue, but my clients are confident about how that
should be resolved.'

'Hold
on, Miss Denton.'

Jenny
skimmed over the brief three-paragraph statement.

I
am David Skene, a former intelligence officer employed by the Security
Services. From 2001 until 2004 I was attached to the anti-terrorist team. In
early July 2002 I was asked to head a unit to liaise with CID officers in
Bristol who were investigating the reported disappearance of two male Asian
university students, Nazim Jamal and Rafi Hassan. Jamal and Hassan had been
regular attendees at the Al Rahma mosque, which had been under police
surveillance following receipt of intelligence suggesting that the resident
mullah, Sayeed Faruq, and a number of his close associates including a
postgraduate student, Mr Anwar Ali, had been acting as recruiters for the
Islamist organization, Hizb-ut-Tahrir.

During
the following weeks my colleague, Mr Ashok Singh, and I interviewed a number of
students and staff at the university as well as members of the missing men's
immediate families. We failed to gather any significant evidence to indicate
their whereabouts. The CID had more success. In particular, they obtained
anecdotal evidence (from a then student, now 'Dr') Sarah Levin that Jamal had
been heard in a student canteen glorifying young British radicals who had gone
to fight as jihadis in Afghanistan. A member of the public, Mr Simon Donovan,
then came forward and claimed to have seen Jamal and Hassan on a London-bound
train on the morning of 29 June. While police continued their investigations on
the ground, Mr Singh and I were redirected to other duties though we remained
in regular contact with Bristol CID.

In
August 2002 intelligence was received from a trusted human source which
corroborated the theory that Jamal and Hassan had indeed left the country with
the assistance of a radical Islamic group. This source was considered highly
credible and the nature, although not the substance, of the intelligence was
passed on to the CID in Bristol. This led to a gradual winding down of the
investigation on the ground.

The
substance of this intelligence remains highly classified
.

Jenny
looked up from the document, realizing she had stumbled into a trap from which
there would be no escape. A wave of nausea rose up from deep in the well of her
stomach.

'Are
we going to hear the substance of this intelligence?'

'I
hardly think so, ma'am. I'm instructed that the source is still extremely
sensitive and that any disclosure could seriously compromise him or her. As I'm
sure you are aware, the law is very clear on this issue, but to answer any
question you may have, I have prepared a brief submission.'

Martha
Denton's instructing solicitor was already handing out copies of authorities
back to the 1960s. Jenny's knowledge of the law pertaining to national
security and the disclosure of evidence was sketchy at best. Martha Denton
proceeded to give her a lesson.

Since
the ground-breaking case of Conway v. Rimmer (1968), she explained, evidence
could be withheld from the court if the Secretary of State was satisfied that
it was overwhelmingly in the public interest to do so. Even Jenny knew this
much. What she hadn't appreciated, however, was just how wide the definition of
'public interest' had become. The cases were clear: it was now considered in
the public interest to protect vulnerable or important intelligence sources
and, it seemed, evidence which might be used to identify them.

Denton
said, 'Needless to say, the Secretary of State is satisfied that the evidence
of our source does indeed pass this test, and a certificate of public interest
immunity will be at the court in the morning.'

Jenny
flicked hurriedly through the pages of Jervis and found a passage which seemed
to suggest that coroners, along with other judges, had the right to view
evidence which the Secretary of State wished to certify to determine whether it
did in fact pass the public interest test. Denton was ready with a further
battery of precedents, all of which stated that there were cases in which a
'judicial peep' at the disputed evidence was not even appropriate. This was
such a case, Denton insisted: the evidence in question was so sensitive that not
even one of Her Majesty's coroners could be trusted to view it. If Jenny
refused to agree, the inquest would have to be adjourned and the issue referred
to the High Court.

'Let's
forget the law for a moment, Miss Denton,' Jenny said. 'What you're telling me
is that there is evidence that Nazim Jamal and Rafi Hassan left the country.
Eight years have passed but you have never told the families what this
intelligence is, and you still don't intend to.'

'With
respect ma'am, the families were told that the evidence pointed to their sons
having left the country. But I'm afraid even families aren't necessarily
entitled to have access to such sensitive intelligence, particularly the
families of suspected extremists.'

Khan
could contain his anger no more. 'Ma'am, this is outrageous. You must insist on
seeing this so-called intelligence and if it's refused fight through every
court until justice is exhausted.' He jabbed an accusing finger at Martha Denton.
'Her clients, the Security Services, are the people who complain that young
Asian men are being lured by extremists, and she wonders why. These aren't
respectable people, they're secret police. Does she honestly think hiding this
information is in the
public interest
? I'll tell you what the public is
interested in - fair and open justice.'

'I
take your point, Mr Khan,' Jenny said. She needed time to research, to gather
arguments as powerful as Martha Denton's. 'I'm going to adjourn and continue
this discussion first thing tomorrow.'

Martha
Denton refused to be silenced. 'I'm not sure that will be necessary, ma'am.
Given that my clients intend to go directly to the High Court should you rule
against them, further discussion is, quite frankly, fruitless. Furthermore, as
far as I can ascertain, there is no evidence whatsoever that either Jamal or
Hassan is in fact dead, certainly none upon which a jury could reasonably be
expected to return a verdict.'

Jenny's
fraying temper snapped, 'Miss Denton, I made a special application to hold this
inquest and it will continue until its conclusion. If, once all the evidence is
heard, the jury are not able to reach a verdict, then so be it. In the
meantime, I will not and I shall not be dictated to by you or anyone you
represent. Do you understand me?'

Martha
Denton gave an indifferent shrug. She no longer cared what Jenny thought.

As
Denton and Havilland gathered their papers and Khan and Collins approached Mr
Jamal to express their outrage, Jenny noticed Alison hovering near the
committee-room door. She recognized her officer's expression of guilt-ridden
indecision as the one that had been a frequent feature of the traumatic two
weeks of their first case together the previous summer. There were good people
and bad people in Alison's world, and when the categories blurred it angered
and confused her.

Jenny
caught her eye and saw that they were both wrestling with the same thought.
Hell would freeze over before Skene or any other intelligence office would be
persuaded to tell the whole truth to her inquest. But on the other side of the
door sat DI Pironi, a career cop with only a handful of years to serve until he
collected his pension. Was he decent and brave enough to risk that comfortable
future? Would Alison use what little leverage she had to persuade him?

Martha
Denton's instructing solicitor made for the committee room. Alison held up her
hand to stop him and disappeared briefly behind the door. David Skene emerged
seconds later. After several moments Alison followed with a glance towards
Jenny and the slightest nod.

It
was a place of Pironi's choosing: a small deserted car park leading to an area
of woodland invisible from the road. It was dark and already approaching
freezing, though with enough light from a milky moon for Jenny to make out two
silhouettes in the front seat of Alison's car. For a brief while they seemed to
dip their heads in prayer. Jenny thought she saw Pironi's lips moving, his
shoulders swaying gently to and fro as he sought God's guidance. Alison placed
a comforting hand on his shoulder.

They
spoke for nearly twenty minutes. While she waited, Jenny tried several times
without success to reach McAvoy. His phone was switched off. She dared to
imagine that he might have picked up a lead, that he was out brokering deals
and twisting arms, teasing out evidence that he would deliver with an arrogant
flourish, sending Martha Denton and Alun Rhys into furious spasms.

She
turned at the sound of a car door closing. Pironi hurried the few steps to his
vehicle and pulled away swiftly. Alison waited until his tail lights had faded
into the night before crossing the ten yards of muddy ground and climbing into
Jenny's passenger seat. She was silent for a moment as she composed herself,
hands resting on her lap.

She
brought the smell of her car with her and a trace of Pironi. Jenny felt like a
trespasser on their intimacy.

'He
didn't want to give a sworn statement,' Alison said quietly. 'Once you do that
you're as good as on oath, and you swear to tell the whole truth.'

'He
won't do that?'

'He's
trying to be true to his principles, Mrs Cooper.'

'What
did he think he was going to do in court?'

'He
got the impression he wasn't likely to be required.'

'Who
told him that?'

'He
didn't say exactly . . . Look, he really isn't to blame for any of this. He's
being put in an impossible situation. Surely you can see that? It's only the
fact he's got such a conscience that brought him out here.'

'Better
a late convert than not at all, I suppose.'

'It's
not like that. You know it's not.'

Jenny
removed the acerbic edge from her voice. 'What did he say?'

'This
is all completely off the record, it has to be . . .'

Jenny
fought the urge to be facetious. It struck her that Pironi's religious
conscience was rather more elastic than his church, let alone his personal
saviour, might have liked.

'Fine.
Just tell me.'

'He
didn't soft-pedal the missing persons inquiry. He did try to find them, but MI5
were pretty certain from the outset that they'd left the country.'

'Was
Donovan's sighting genuine?'

'He
didn't mention him.'

Jenny
drew her own silent conclusion. 'What else?'

Alison
sighed. 'He had two officers in a car opposite the halaqah. They definitely
didn't see a black Toyota; they wouldn't have been able to see as far as Mrs
Murray's house anyway - the road curves round. He sent an officer down to the
bus depot, who found the man who would have been driving the bus - he couldn't
remember the two boys getting on that night. He did remember them from other
nights, though.'

'Did
he make a statement?'

'Yes
. . . But it went higher up the chain of command. He doesn't know what happened
to it.'

'Did
any other statements go missing?'

'No.
But apparently it was a bit chaotic for a while. MI5 already seemed pretty sure
the boys had left the country. They didn't seem too bothered about Dani James's
sighting of the man coming out of the halls. Could have been anyone, they
said.'

'What
did Pironi think?'

'He
felt he was being kept in the dark. MI5 asked him to pass anything he had on,
but they didn't return the favour, of course. He felt bad for the families
mostly, especially Mrs Jamal.'

'Glad
to hear it. Any theories about what happened to her?'

'He's
being kept well away. Anti-terrorist branch from Scotland Yard have taken it
over.'

'I
can't say it's getting any clearer. What did he have to say about McAvoy?'

Alison
glanced down at her hands. 'He didn't really want to talk about him.'

'You
didn't discuss the charges against him?'

'I
did try,' Alison said, with a trace of self-pity. 'I don't doubt he acted in
good faith. He's not like that.'

'Meaning
what - the witness who came forward had been set up? He doesn't believe it's a
coincidence it happened when it did, just as McAvoy was starting to dig?'

'I
don't know, Mrs Cooper. I honestly don't.'

'I
do,' Jenny said.

'There
are all sorts of possibilities,' Alison protested. 'Have you ever thought that
Mrs Jamal might have informed on her son? Think about it - she tips off the
police that she's worried he's involved with extremists and the next thing she
knows he's vanished.'