When the Night Ends
By M J Lee
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About this ebook
When Ben Holdsworth dies alone in a police cell, riots erupt in Manchester. But after a post mortem, the authorities have decided nobody was to blame.
DI Ridpath is asked to investigate by the coroner before an inquest, and immediately uncovers some discrepancies in the witness statements.
Why was the CCTV not working that night? Where was the custody sergeant, and did he know the victim? Wherever he turns there are lies and gaps. It’s a dangerous game and the net is closing… On Ridpath himself.
There is only one way out: uncover what really happened in the prison cells on that dark Manchester night.
A stunning crime thriller from a master of the genre, perfect for fans of Mark Billingham, Val McDermid and Ian Rankin.
M J Lee
M J Lee has worked as a university researcher in history, a social worker with Vietnamese refugees, and as the creative director of an advertising agency. He has spent 25 years of his life working outside the north of England, in London, Hong Kong, Taipei, Singapore, Bangkok and Shanghai.
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When the Night Ends - M J Lee
For the lads: Dave, John and Pete.
February 21, 2018
Chapter One
Sergeant Tony Saunders glanced at the clock on the wall facing his desk.
3.24.
He stood up from his chair and stretched, yawning loudly as he did. Night shifts could be long and tedious as a custody sergeant if there wasn’t much happening.
Outside the confines of Redbury Police Station, past the automatic doors, the night was as black as a pint of Chesters Mild and the wind howled through the trees. Sheets of icy rain sleeted down, flooding the roads in pools of water, battleship-grey under the neon street lights.
The last dregs of winter were blowing hard, scouring the estates and gardens and houses of suburban Manchester.
‘Rather be nice and cosy in here than stuck outside in a car. This weather would sink the bloody Titanic,’ he said out loud to the empty custody reception.
It had been a quiet night for him so far. After twenty-one years on the force, he really appreciated the peaceful times. It hadn’t always been like that, of course. As a young copper, he’d been happy to volunteer for a Saturday night shift in the city centre, diving into the various rucks that formed as the pubs and clubs shut, giving as good as he got.
Now, in one of the suburban nicks at Redbury, he just hoped for a bit of peace and quiet.
He checked the custody board. Just two cells occupied. One DUI picked up on the M60 with a blood alcohol content level of 0.19 per cent, according to the breathalyser. The duty doctor was coming in later to take a blood sample from the driver. The other contained some thug who had beaten up a man in a pub.
He looked across at the CCTV monitors, each camera showing a different view of the cells, the station and the common areas. The pictures changed every five seconds, revolving through the bank of CCTV cameras positioned throughout the nick. So different from when he had started. No cameras then, just more coppers in every station.
He missed those days. Life, and the police, had seemed so much easier.
He focused on the cameras in the cells. The driver was sitting on the concrete ledge serving as a bunk, his head in his hands, guilt stabbing through every bone in his body.
Serves the bugger right, thought Tony Saunders, he could have killed someone instead of being locked up for the night. Most nights he had a DUI in the cells and he had no pity for them. Anybody who drinks and drives deserves everything the courts throw at them and more.
The second cell, number four, was occupied by the thug who’d started a fight in a pub and then just waited for the police to arrive, slowly finishing his pint. His victim, a father of three, lay groaning at his feet with a broken jaw. When the coppers arrived expecting trouble, he’d just stood up and held his arms out in front of him, saying, ‘You’re taking me to Redbury, aren’t you?’
He’d been quiet as a lamb when he was booked in, giving his name and address and asking politely to make a phone call to his solicitor. Expecting trouble, Saunders had put him in Cell 4, well away from the DUI. He was now in the cell with his back against the wall, staring into thin air.
‘Can you go and have a look at number four, Terry?’ Saunders used the intercom on his desk to ask the custody detention officer.
Terry Rodgers, an officer from one of the private security firms so often used these days, replied immediately. ‘I only checked him half an hour ago.’
‘Well, check him again. He’s awake and I don’t like the look of him.’
The CDO muttered something beneath his breath and pushed through the doors leading to the cells, now known with heavy irony as the custody suites. But to Saunders, they would always be the cells. He had lost track of the number of newsletters, emails, messages, pamphlets, refresher courses and quiet words in his ear he had received in the last six months on the latest custody guidelines from the College of Policing and his bosses. The last one had been about the use of language, of course.
Thugs were now detainees.
The cells were custody suites.
Lowlife were now customers.
It was almost as if his bosses were more concerned about the rights of the criminal than of the victim.
The door to the custody area reception slid open and two burly coppers burst in with a small, surly man sandwiched between them, his arms handcuffed in front of him.
‘I’m telling you I want to speak to Detective Inspector Brett. Just call him.’
‘What’s up, Chris?’ Sergeant Saunders asked the leading copper.
‘We had a tip-off from a local he was dealing out of his car. We stopped him and had a look. Found these.’ The young police constable held up a large evidence bag full of smaller bags, each containing a crystalline substance like rock sugar.
‘Crack?’
‘We think so, Sarge.’
‘Has he been cautioned?’
‘Yes, Sarge.’
Saunders stared at the small man in front of him. A stained leather jacket, scraggly goatee and eyes darting left and right like a rat looking for an escape hatch. The man looked familiar. Had he been here before?
‘Just call Mark Brett, he’ll sort it all out.’
Tony Saunders ignored him, addressing the police constable instead.
‘Have you searched him and informed him of his rights?’
‘Already done, Sarge.’
‘No problems with the arrest?’
‘He put up a bit of a struggle, but no real issues.’
‘If you call Mark Brett, he’ll sort it out,’ the man said, speaking slowly and enunciating each word.
Tony Saunders turned towards the man. ‘Never heard of him,’ he said.
‘He’s National Crime Agency, just call him.’
The sergeant tapped his computer, opening up a new custody record. ‘Name?’
‘Mark Brett.’
‘No, your name, pillock.’
The man closed his eyes and sighed. Finally, he opened them and said in a bored voice, ‘Ben Holdsworth.’
‘Date of birth?’
Another long sigh. ‘January 12, 1982.’
Sergeant Saunders checked out the man. He seemed to be standing upright and his eyes were clear and focused. His answers were delivered quickly and without slurring. ‘Address?’
‘27 Church Street, Redbury.’
The policeman had begun filling in the boxes on the custody record when he realised the address was the same as the police station. ‘Very funny. Address?’
The man stayed silent, simply shifting his weight from one leg to the other.
‘I’ll put down no fixed abode. Mr Holdsworth, are you feeling unwell, dizzy, or uncomfortable? Would you like to see a health professional?’
‘No.’
‘Have you taken drugs or any other substances?’
Another long sigh. ‘No.’ The man leant forward suddenly. ‘Just call Mark Brett, will you?’ He banged his handcuffed fists on the Plexiglas screen in front of Saunders.
The two coppers on either side immediately jerked him away from the custody desk.
‘Right, Mr Holdsworth, I have reason to detain you under the 1994 Drug Trafficking Act with intent to supply a Class A substance.’ The voice became a monotone as he recited the words he had said a thousand times before. ‘I am going to repeat the caution to make sure you have understood. You do not have to say anything. But it may harm your defence if you do not mention now something which you later rely on in court. Anything you do say may be given in evidence.’
He paused, waiting for a reaction from the detainee. When there was none, he continued. ‘You have the right to a legal adviser. If you do not have one, one will be appointed for you.’
The man remained silent.
‘Is there anyone you would like to be informed of your detention?’
Again a sigh. ‘Just call Mark Brett.’
‘You are aware you will be under surveillance during your time in Redbury station. The details are set out here. You also have the right to consult the codes of practice.’ He picked up the laminated sheet, delineating the various rights of detainees. ‘Please read it and sign on the dotted line.’
Ben Holdsworth glanced briefly at the sheet before stating, ‘I ain’t signing nothing.’
Tony Saunders made a note of his refusal to sign on the custody record. He added the offence and the grounds for detention before finally asking, ‘Would you like to speak to a solicitor or inform anybody of your detention?’
‘Like I’ve said at least a thousand times, just call Mark Brett of the National Crime Agency. He’s in Warrington.’
Saunders made a note of the request. ‘As it is now 3.40 a.m., the National Crime Agency offices are closed. However, I have made a note on the custody record and the custody inspector will evaluate your request as soon as possible.’
‘I want to call him myself. You have to let me call someone, and as you are not an inspector or higher rank, the right cannot be refused.’
Tony Saunders raised his eyebrow. ‘We’ve got a right one here, Chris.’
‘Knows his rights, does this one.’
Saunders narrowed his eyes. ‘Been here before, have you?’
‘Just let me call him.’
Saunders pointed to the telephone on the left-hand side of the custody desk.
The man picked it up and immediately called a number, waiting patiently as it rang. And rang. And rang.
‘I’d like to try again.’
‘Be our guest.’
Again, the man tapped in the number.
Again, no answer.
‘I’d like one more call.’
‘You’ve had two attempts already.’
‘They didn’t go through. I want to ring my mum this time. Let her know where I am.’
Tony Saunders sighed. ‘Go ahead, but make it quick.’
Ben Holdsworth dialled a new number. After three rings the phone was answered.
Saunders could only hear one side of the conversation.
‘Hi, Mum, I’ve been nicked… yeah… yeah… don’t worry, I’ll be out in the morning… yeah… yeah… sorry, Mum.’
He put the phone down, and, visibly deflated, shuffled back to face Tony Saunders.
‘Isn’t that heart-warming, Chris, a drug dealer who loves his mum?’
‘Enough to make you weep, Sarge.’
‘Would you like to make any other calls?’ asked Saunders sarcastically.
Ben Holdsworth shook his head.
As if by magic, two muscular detention officers appeared on either side of the detainee.
‘As you have been arrested on drugs charges, I am authorising a full body search.’
‘You can’t do that.’
Saunders tapped on the keyboard. ‘I just have. Take him away, lads, and be careful to record his belongings. When you’ve finished put him in number three.’
Terry Rodgers grabbed Ben Holdsworth’s left arm while the other detention officer, Lucas Harvey, took hold of the right wrist. ‘Come this way, and don’t give us any trouble.’
For a second, the man struggled before the grip tightened and he was led to the search room.
‘We’ll complete the arrest logs and let the duty inspector know, Sarge.’
‘Thanks, Chris. Looks like a good collar.’
‘Bit of luck. The stuff was on the front seat next to him. Bloody idiot.’
Sergeant Saunders checked the custody record twice, making sure every detail was correct, and completing the endless forms. These days, they could be pulled up for the slightest error. Better to be safe than sorry.
As he finished, he looked up to the CCTV to see the door of Cell 3 open. Ben Holdsworth was shoved roughly into the cell by the detention officers, stumbling forward before turning and shouting something loudly at the closing door. Luckily the CCTV in the cells didn’t have sound – after all, what was there to hear except a torrent of abuse or a nightmare of snoring?
For a minute or so, the man banged on the door of his cell before turning, stopping, kicking his foot against the concrete floor and falling forward against the wall above his bunk.
Had he hit his head?
Tony Saunders leant forward to look more closely at the monitor.
The man lay on his bunk for a few seconds, before standing up, shaking his head and raising his middle finger towards the camera.
Tony Saunders remembered the fierce anger in the man’s eyes.
Where had he seen him before?
His attention on the monitors was interrupted by the squawk of the radio on the desk.
‘Hi, Sarge, this is Dan Hampson, we’ve just caught four kids trying to nick a BMW from outside a house. Homeowner saw them and called us in. They tried to do a runner, but ran straight into Jamie in the other car, stupid choughs, ETA nine minutes.’
‘How old are they?’
‘Young, boss. I reckon none of them are older than fourteen, plus one is a girl.’
‘OK, I’ll warn child services. We’ll get the addresses and the parents down here when they come to the station.’
‘Word of warning, they’re a little feisty, Sarge. I reckon they’re on speed or something.’
Through the radio, Saunders could hear Dan Hampson talking to one of the kids.
‘Keep still or you’ll be cuffed.’
‘Don’t touch me, copper, or I’ll have you,’ one of the young lads snarled.
‘What’s this?’ Another copper’s voice. ‘What are you doing with this relay amplifier?’
‘Science project at school, you arse.’
‘What’s up, Jamie?’ Saunders asked.
‘Looks like they’ve got a relay transmitter and an amplifier, boss. Obviously they were going to nick the car.’
‘Didn’t nick anything, you tosser.’
‘They’re using relay transmitters? How old did you say they were?’
‘I’d guess about fourteen, but they could be younger, Tony.’
‘OK, thanks for the heads-up. If they’re on drugs, I’ll check when the duty doctor can get here.’
Tony Saunders scratched his head, feeling the thinning hair between his fingers. He seemed to be losing more and more every day. After twenty years on the job, his hair was starting to feel the pressure. He put it down to wearing the helmet for all the time he was on the beat. Bloody thing never did fit properly.
The radio squawked again.
‘Sit still or you’ll get a backhander.’
‘You and whose army, copper? And you can’t hit us, we’re underage.’
Tony Saunders sighed. He had a feeling it was going to be a long, long shift.
What he didn’t realise was that the night was going to end with a death.
November 1, 2021
Chapter Two
‘Gentlemen, I’d like to remind you this is a Coroner’s Court, not a court of law. We are holding a preliminary hearing to rule on a request, by the legal counsel for the police, regarding anonymity for all police witnesses in the inquest into the death in custody of Mr Ben Holdsworth on February 21, 2018.’
From the back of the courtroom, Ridpath watched as Mrs Challinor set the scene. In front of her the solicitor for the family, Ronald Davies, sat behind a desk. Next to him, three legal counsels for the police plus two assistants were arrayed behind a similar desk. Unlike in full inquests, the rest of the court was empty. There was no jury, no reporters, no witnesses waiting to be called and no observers.
Ridpath had only just returned from holiday with his daughter, Eve, late last night, having spent a wonderful week with her walking in the Lake District during the half-term holiday. Blencathra, the Langdales, Grasmere and the charms of Ambleside had all succumbed to their hiking boots. They had read Swallows and Amazons together, walking in the footsteps of the Walker and Blackett children, following their adventures. It had been an amazing week but here he now was, back in court watching the coroner do her job.
She had called him late last night asking him to attend at nine a.m. He had dropped off a grumpier than usual Eve at school and then rushed over to the court, arriving just in time.
‘What is it you are requesting, Mr Hargreaves?’
The barrister representing the police slowly rose to his feet, adjusted the papers on the desk in front of him and grasped the lapel of his jacket with his right hand. ‘Thank you for the opportunity to present to you today, Coroner. We appreciate the tightness of your schedule but would like to aver that this matter has serious repercussions for the conduct of the inquest and its impact on my clients.’
‘Yes, yes, Mr Hargreaves,’ Mrs Challinor said impatiently, ‘but what are you actually requesting?’
The man rose to his feet slowly again. ‘During the inquest, we request all the witnesses from the police be allowed to give their evidence anonymously, and from behind screens whilst in court, or off screen if the evidence is given by way of video transmission.’
‘And why do you make this request, Mr Hargreaves?’
‘In the interests of fairness to my clients, ma’am…’
‘Please call me Coroner or Mrs Challinor, Mr Hargreaves.’
‘As you wish, Coroner. As I was saying, the request comes from a desire to show fairness to my clients. There has been a great deal of interest in this case from the beginning. My clients feel their safety would be compromised if their identities and faces were revealed as witnesses during an inquest.’
‘Have there been any threats made against them since the death in custody of Mr Holdsworth?’
Mr Hargreaves consulted with one of the solicitors. ‘No specific threats we are aware of, Coroner, but police work is by its nature a difficult and dangerous occupation. Anything, or any procedure, making the work more difficult or dangerous should, in the interests of criminal justice, be avoided.’
The coroner made a note on her legal pad. ‘Anything else, Mr Hargreaves?’
‘In addition, Coroner, this case has already been investigated by the Professional Standards division of GMP and the Independent Office for Police Conduct. In both these organisations, their reports agreed not to name the witnesses but to use code numbers instead.’
‘Why was that, Mr Hargreaves?’
A whispered consultation with the police solicitor. ‘These men and women are still serving police officers, Coroner. Both the PSD and the IOPC felt no public interest could be served by revealing their identities to the world.’
‘Thank you, Mr Hargreaves.’ The coroner adjusted her position to face the solicitor for the family. ‘Mr Davies, have you anything you wish to say on behalf of the family?’
‘I do, Coroner. The family oppose this petition.’
‘On what grounds, Mr Davies?’
‘On three grounds, Mrs Challinor. Firstly, as my esteemed colleague has just confirmed, there have been no threats against the safety of any of the officers who will be called as witnesses. My client, the mother of the deceased, is an old woman who simply wants to know why her son died in police custody in the early hours of February 21, 2018. She is hardly likely to pose a threat to the police.’
‘And secondly, Mr Davies.’
‘Secondly, the inquest is not a court of law, Coroner. It is an attempt to find out what happened when somebody died, why the death occurred and to prevent similar deaths from taking place in the future. Anonymity for police witnesses does not serve that cause in any way, shape or form. In fact, it may act to prevent the truth being known.’
Before the coroner could question this statement, the solicitor continued on. ‘Thirdly, the importance of an inquest is that it is open and transparent. The proceedings must be seen, and seen to be performed in a fair and equitable manner. Hiding witnesses behind opaque screens is the antithesis of openness.’
Mr Hargreaves rose to his feet. ‘It is not hiding them behind screens, Coroner, it is protecting their identities for their safety. We should not add to the danger of their jobs by making their identities known to the wider world. The evidence they give will still be heard by the court and they will still be questioned and cross-examined by my esteemed colleague.’
‘But their testimony will not be seen by the court. As my colleague, the esteemed barrister Mr Hargreaves, is well aware, a witness’s testimony is not merely his words but his whole demeanour: the body language, the way he sits, the way he presents himself to the coroner. Why would we not allow openness when such transparency is most needed?’
‘I think my esteemed colleague mistakes openness for justice…’ said Hargreaves.
‘And I think you mistake secrecy for security. It doesn’t—’
The coroner slammed her hand down hard on the table in front of her, interrupting the legal counsel. ‘I will remind you once again, gentlemen, this is a Coroner’s Court. It is not adversarial, rather it seeks to find the truth and nothing but the truth. I will take your presentations under advisement and let you know my decision shortly. However, I must remind you that the inquest will begin in seven days, on November 8. You must be ready to move forward with the witnesses on that day in whatever way they present their testimony. Thank you, gentlemen.’
She closed her files and stood up. ‘Mr Ridpath, I will see you in my chambers as soon as the courtroom is cleared, thank you.’
Chapter Three
‘Good morning, Mrs Challinor, you wanted to see me?’
‘Good morning, Ridpath, come in and sit down.’
The coroner looked as perfect as ever: well-tailored black suit with a crisp, unfussy white shirt and simple make-up. The top of her oak desk complemented the neatness of her clothes; the three files she was working on were placed to her left, an appointment diary and her laptop to her right. In between was a pristine white pad with the day’s date written at the top. The one element that looked out of place was her hair, a nest of grey corkscrew curls held in place by a red hair band.
‘How was your holiday?’
‘Great, a week of walking and relaxing. I always love the Lakes in the last days of autumn.’
‘And the weather?’
‘Surprisingly dry for one of the wettest places in England. And even when it rained we could do the literature bits Eve loves.’
The coroner’s eyebrows rose slightly.
‘Visiting Wordsworth’s cottage, Ruskin’s house and Hill Top…’
‘Peter Rabbit, Squirrel Nutkin and all that?’
‘I was worried Eve was too old but she lapped it up.’
‘My daughter loved Beatrix Potter when she was growing up too.’
‘We all do, there’s a timelessness to the stories which works across the ages.’
Mrs Challinor pulled across the top file on the left and got straight down to business.
‘Anyway, glad to have you back. We are very busy, so you will have to catch up quickly. You know from this morning’s meeting, we have the inquest into the death in custody of Mr Holdsworth coming up on the eighth?’
He nodded slowly, wondering what was coming.
‘While you were away, Jenny, Sophia and the locum coroner’s officer from Derbyshire, Mr Jennings, arranged for all the witnesses to attend. They were chosen based on the testimonies given to the Professional Standards branch and the IOPC. The jury has been empanelled and we will begin at ten o’clock in precisely a week’s time. I believe there are only a couple of witnesses who have not replied, one of whom is Sergeant Saunders. I will write a note to his solicitor in a moment ensuring he attends.’
‘The hearing I attended this morning…?’
The coroner waved her hand in the air as if brushing away an imaginary fly. ‘I had to schedule it at the last moment after the solicitor for the police requested anonymity during the proceedings. I’ve decided not to grant his request.’
‘Why did he ask for anonymity?’
‘He feels the safety of his clients would be compromised by having their names revealed in court.’
‘But somebody leaked the CCTV footage of Holdsworth being booked in to the custody suite to the press, showing him well, healthy and responsive.’
‘I’d like to know who leaked it – and even more, why they leaked it?’
‘You know how it is. Somebody wants to earn a little extra on the side, or keep a favourite reporter sweet by doing favours.’
‘The cosy relationship between the police and the press has always bothered me, but that’s not why I’m denying the request.’
Ridpath stayed silent, waiting for her to tell him. She brought her long fingers together as if praying. ‘I believe the strength of the Coroner’s Courts lies in our transparency, our openness. We are here to represent the dead in the land of the living. Our job is not to assign blame but to find out how, when, and why a person has died. Our proceedings are open, the files are available for everybody to see. In the case of a death in custody, a case which we are mandated by law to investigate, this transparency becomes even more important.’
‘But will transparency be upheld by knowing the name of the police officer?’
‘As ever in law, it’s all about balance. It is no coincidence that the statue on top of the High Court in London is of blind justice with a set of scales in her hand. There are three tests I have to apply.’ She held out the fingers of her hand. ‘The first is weighing the risk to life of the witness. Is it real and immediate? The second is fairness. Would making the witness anonymous ensure a fair inquest was held? The third is the respect for privacy and family life. Would naming the witness affect their personal life or that of their family?’ She held up her other hand. ‘On the other side, I have to balance the fundamental principle of open justice. The law must be done, and more importantly, must be seen to be done.’
Ridpath shrugged his shoulders. ‘A difficult choice.’
‘In these Jamieson inquests…’
‘Jamieson?’
‘Sorry, coroner’s shorthand. The name comes from a Humberside coroner and refers to inquests where the coroner will consider whether a lack of care or common law neglect by any agents of the government, including the police, has led to the cause of death of the deceased. How can a jury issue a verdict if they don’t know who was involved in a death? How can they judge a witness if they can’t see their body language as they are testifying? A bereaved family must have the opportunity to see and hear a witness explaining their actions and being held to account.’ She paused for a moment. ‘Most importantly, the bereaved families and the public must have confidence in our process. They must have confidence the inquest will reveal the truth. Calling someone Policeman A and hiding them behind a screen may grant anonymity, but it doesn’t reveal the truth. And the truth may be that there was personal animus or professional misconduct on the part of a government officer.’
‘You will be challenged