The Old Bailey, London, Monday 24 January
Charles Ludicott-Peakes QC, the prosecuting counsel stood up and put his notes down and he turned towards the witness box. "Are you Detective Inspector Grice of Special Branch, Scotland Yard?"
Grice nodded, "Yes Sir, I am Detective Inspector Grice."
"Now, you were the chief investigator of this spy ring? The cases of Messers Aston, Palmer, Setter and Stoben?"
"I was yes."
Peakes looked at his notes. "Perhaps to enlighten the jury you should quickly outline the whole affair and the defendant's role within it?"
Grice opened his notebook, "It was a complicated case. Michael Aston had been under suspicion for some time of espionage activities. Under police surveillance he was seen dropping off materials at a set location where they were collected. Anthony Palmer was arrested in the act of retrieving one of these packets, which was found to contain classified information from a government research establishment. Aston was then detained for questioning. Palmer was a courier, part of a network of agents and in the efforts to roll up this network Horatio Setter was also arrested in the act of trying to retrieve information he had left for Palmer, who of course Setter was unaware was in custody. Our investigations of Aston's background brought to our attention Erich Stoben's possible role in placing Aston near the government research establishment for the purposes of espionage on behalf of another country."
"And you interviewed the defendant ?" Peakes looked up from his papers in his hand.
"Not personally, a colleague interviewed him at the Saint Luke’s Chapel in Wansdworth, London. He was later taken to a police station for questioning but was not charged. We had hoped he might lead us to others in the network but Stoben gave us the slip and left the country."
Peakes smiled and looked towards the jury "So the defendant admitted his own guilt by making a break for freedom? The defendant making his way to Ireland beyond the jurisdiction of the authorities."
Grice looked at Stoben in the box, "Yes Sir, it confirmed all our suspicions of his involvement. Elements of his journey to the Irish Republic gave us reason to believe that he may have been assisted by his paymasters, there are indications a forged passport was used."
"But the defendant is in the dock today, how did he come to be arrested?" Peakes asked.
Grice looked at his notes, "He was arrested attempting to re-enter the country on the Isle of Man packet, he was detained at Heysham and taken for questioning where his identity was confirmed and he charged."
Stoben shifted in the box uneasily and Peakes glanced at the jury "Do you know the reason for the defendant's return to this country?"
Grice shook his head, "No, he gave us some story that he had been kidnapped and dumped on the ferry. But there was no corroborating evidence. Investigations in Belfast were undertaken. Two witnesses claimed to have seen a man and a woman with the defendant before he boarded the ferry but they were not identified at Heysham when the boat docked."
"So as far as you are aware there was no case of police brutality or kidnap?" Peakes beamed, casting a sly glance at Hugh Daventry QC, the defending counsel.
Grice shook his head. "No Sir, there was no evidence of that."
Peakes tugged at his cloak, "Let us return to the charge. You have evidence of the defendant's alleged role in setting up Aston as an agent?"
Grice checked his notes, "Aston was at the YMCA in Brixton when he was approached by the defendant and given a hundred pounds in cash and given a train ticket to Manchester, all under the auspices of the Withington Shelter in Manchester, where Aston spent a short time before moving into the lodgings that the defendant had already arranged for him under the cover provided by his charitable work. Another man, Charles Schrod, had secured Aston a job at the Barely Row public house in Warrington, where Aston was able to overhear conversations by workers from the government establishment. Schrod also recruited Palmer. The defendant identified Schrod. There was no question that the defendant was involved in the creation of the network of agents."
"And did you question this Charles Schrod?"
Grice grimaced, "No Sir, he had already been tipped off and fled to the continent. Interpol are still investigating his case."
Peakes turned to the judge and smiled, "I have no further questions my Lord."
Hugh Daventry QC, the defending counsel stood up.
"Detective Inspector, much has been made of the hundred pounds and its origin. My client denies that he had anything to do with the money and that it was given to him. What makes you so sure it has anything to do with this case?"
Grice's face contorted slightly, "Agents have to paid. No other charity case at the Withington Shelter or at Saint Lukes ever received this amount of money. Aston during his interview left us in no illusion that he was given the money as payment. We assume the money was provided by Charles Schrod via an intermediary and that the defendant knew well enough what the money was for when he received his instructions."
"So there is no evidence to link the money with Schrod or supposed German paymasters?" Daventry hissed.
Grice shook his head, "We have no direct evidence, but there was no evidence the money came from legitimate charity funds and unidentified young man who brought the money to Stoben already knew of Aston's predicament, therefore it seems Stoben was directed to see Aston safely to Manchester and arrange lodgings and give Aston his payment. Several fake bank accounts were found under various aliases used by Palmer with payments to and from persons still unknown to us."
Daventry looked at his notes, "You mentioned the defendant identified this missing Charles Schrod. Yet he denies that he actually knew the man, he says he only met him the one time."
"I don't believe him, he knew him well enough to recognise his face on a photograph and also had a codename for him, Konservendose in German, Tin Can in English. In my experience Sir, this was grounds for more than a hunch that the defendant was involved in a network and that whatever role he played in it, Schrod was a more senior person."
Peakes smiled to himself, seeing Daventry skewer himself, but Daventry recoiled and fired off more questions. “If this is the case then why did you not charge my client at the time?”
Grice shifted in the box, “We had sufficient evidence to do so, but we wanted other people in connection with the network and it was felt that the defendant might have led us to them.”
“That hardly seems normal procedure to me Detective Inspector,” Daventry looked at the jury “by your own admission it seems there are rather a lot of loose ends in this investigation. Unknown people, unknown motives, untraced money, missing people, suspects seemingly able to freely move abroad. I put it to you that in truth that your investigation is incomplete and that any evidence seems to be completely lacking pertaining to my client’s involvement.”
Peakes shot up from his seat before Grice could answer, “My Lord! I object! My learned friend is attacking the reputation and methods of the police force in an unfair and dismissive manner. The witness cannot answer questions of ongoing investigations without prejudicing them.”
The judge nodded and looked at Grice, “Detective Inspector, is this case an ongoing investigation?”
Grice nodded, “Yes my Lord, there is still work ongoing to trace several missing members of the network in this country and abroad.”
“So you cannot possibly comment on the completeness or otherwise of the whole investigation?”
Grice shook his head, “No my Lord, I cannot.”
The judge looked at Peakes, “But do you feel justified that the evidence provided for the State’s prosecution of the defendant is sufficient and that your investigations relating to the defendant are complete at this time?”
Grice nodded, “Yes my Lord, the evidence is complete, we do not feel there is any doubt regarding his case.”
The judge nodded, “Good. Otherwise I would have felt that the State would have been ill advised to bring such a case to court. The objection is overruled and you may continue your cross examination.”
Daventry turned to the bench, “thank you my Lord. However, I must ask my learned friend to indulge me a little longer in questioning police methods. There are some issues with the way the defendant re-entered the country and was arrested that I would like to probe deeper into.” He turned to Grice. “You have stated on oath that there is no evidence that the defendant was coerced into coming back to this country to face arrest. Yet my client strongly denies that he was willingly returned to these shores. You said there were two unidentified people at the docks in Belfast, a man and a women who were seen with the defendant, two more unknown people in this case of unknown people. Do you not find it rather fortuitous that the defendant should miraculously turn up for your fellow officers to arrest?”
Grice checked his notes, “Those were eyewitness reports from the Northern Ireland Constabulary. I agree it was fortuitous but the defendant may have had good reason to return, he may have been trying to contact other members of the network to arrange their escape.”
“May have?” Daventry’s voice was full of scepticism, “I take it your questioning revealed no motive for his return other than he was forcibly brought here. Your speculations are nothing more than that. And as an officer of your experience should know, speculation is not evidence.”
Grice sifted awkwardly, “No Sir, he did not give any other motive under questioning but he was unable to confirm his story. We checked and found no evidence to support his story.”
Daventry turned briefly to the jury before asking his next question, "Do you feel that it is likely that had the defendant been working for a foreign intelligence organisation that they would have risked his return if he did know as much as you claim, especially given the knowledge that he was a wanted man?"
Grice shrugged, "No, I suppose they wouldn't, but it could have been private enterprise on his part. He had at least one alias and forged passport, so he may have rated his chances as good."
"And you can state here today that the police or intelligence services had no hand in his return to this country?"
Grice nodded, "Not as far as I am aware Sir."
Daventry smiled, "Thank you, for at last giving us some facts." he turned to the Judge, "I have no further questions my Lord."