‘Dr Gault, you conducted a post-mortem on the victim, Benjamin Stokes?’ Jones began.
‘Yes, that’s correct.’
‘Can you tell us the conclusion that you came to about the cause of death?’
‘Cause of death was acute subdural haematoma, consistent with blunt force trauma – caused by a blow to the front right side of the skull.’
‘And, in layman’s terms, Dr Gault, how would you describe a subdural haematoma?’
‘Well, it is basically bleeding in the brain, causing increasing pressure on the brain which, if not treated, will result in brain death.’
A model of the brain and the injury described was projected for the jury, to show the exact location of the wound. There was a photograph in the jury bundle of Ben Stokes’s face. Sebastian studied it, then leaned to whisper into Daniel’s ear: ‘Why is his other eye not shut? When you’re dead, don’t your eyes close?’ Daniel felt the boy’s balmy fingers on his hand. He leaned down to hush him.
‘Dr Gault, did you determine the instrument that caused this fatal blow to the head?’
‘The injury was consistent with blunt force – the murder weapon would therefore have been a blunt, heavy object. A brick was recovered from the scene and small pieces of brick were retrieved from the facial injury.’
The clerk brought an exhibit bag and a brick enclosed in cellophane was shown to the jury.
‘This brick was found at the crime scene and we have heard evidence to confirm that the victim’s blood, brain matter, skin and hair were identified on its surface. Did you find the shape and size of this brick consistent with the injuries sustained by the victim?’
‘Yes, the contours of the brick match those of the wound exactly.’
Again, a model was used to show the fit of the brick in the wound.
Sebastian turned to Daniel and smiled. ‘That’s the actual brick,’ he whispered with honeyed breath.
Daniel nodded, a hand held out to hush him.
The pictures of Ben Stokes’s mutilated face flashed on the screens, which were provided for judge, jurors and counsel but invisible to the gallery. The child’s left eye was open – as Sebastian had noted – white and clear; the right reminded Daniel of a smashed bird’s egg. Jurors recoiled. Judge Philip Baron considered his screen impassively. Daniel studied the older man’s face, the weight of his skin pulling his mouth down. Jill Gault used a laser to indicate the point of impact and spoke of the force necessary to create such damage to skull and cheek-bone.
‘And were you able to establish the time of death, Dr Gault?’ Gordon Jones continued, his pen stabbing into his folder.
‘Yes, approximately six forty-five in the evening on Sunday 8 August.’
‘And would that rule out an attack earlier in the day, for example, in the afternoon at either two or even four o’clock, when the defendant was last seen fighting with the victim?’
‘Not at all. With acute subdural haematoma, it is possible only to approximate the time of death, not time of injury. The nature of this injury is such that death may occur shortly after injury, or following a period of hours. Haemorrhaging causes pressure on the brain but it can be anything from minutes to hours before it becomes fatal.’
‘So, Ben may have died some hours after he was struck in the face with the brick, is that correct?’
‘Yes, that is correct.’
‘Might he have been conscious during this period?’
‘It is highly unlikely … but possible.’
‘Possible. Thank you, Dr Gault.’
Judge Baron cleared his throat noisily and leaned into his microphone.
‘In view of the hour, I think this may be a convenient time for a break.’ He turned at the hip, swivelling his robes and jowly face towards the jury. ‘Time to slope off and get a cup of coffee. I remind you not to discuss this case outside your number.’
All rise.
Daniel stayed until Sebastian was escorted downstairs, then stepped outside. He put his hands in his pockets as he watched the people in the ornate, painted hallways of the Central Criminal Court: shoals of lost souls shuffling with grief and poverty and ill fortune. Happiness and misery were decided here, not found. He felt desolate, another of the lost souls that reeled in its spaces, and took his phone out and called Cunningham. He was with a client, so Daniel left a message asking for information on the sale of Minnie’s house.
He felt a touch on his shoulder. It was Irene.
‘Everything OK?’
‘Sure – why do you ask?’
‘Every time I looked at you in there, you were frowning.’
‘Looking at me a lot, were you?’ he flirted, although he realised the mood wasn’t right.
She tapped him punitively on the arm with her pen. ‘What’s worrying you?’
‘Did you see the jury’s faces when those pictures were shown?’
‘I know, but we’re going to prove that Sebastian is not responsible.’
‘And Jones asking if Ben could still have been conscious for the possible hours before he died. God.’ Daniel shook his head but Irene placed a hand on his forearm. He felt the warmth of her.
‘Don’t lose faith,’ she whispered.
‘Not in you,’ he said as she turned from him and headed back to court.
‘Dr Gault, you described subdural haematoma as “bleeding in the brain”,’ Irene asked in cross-examination. ‘So we would expect the blood loss to be substantial?’
‘Well, blood collects in the brain as a result of trauma. With any subdural haematoma, tiny veins between the surface of the brain and its outer covering, the dura, stretch and tear, allowing blood to collect. It is this pressure that causes death.’
‘Thank you for that clarification, Doctor. But tell us, with this type of blunt force facial trauma, would you expect that an attacker would be … spattered with the blood of the victim as a result of the assault?’
‘Yes, it is likely that a facial trauma of this nature would have caused significant blood spatter on to the perpetrator.’
Irene paused and nodded. Daniel watched her melon-seed face tilt, considering.
‘One final question – how much does a brick weigh, Dr Gault?’
‘Excuse me?’
‘A brick, your average brick, like the brick in evidence, how much does it weigh?’
‘I would say about four pounds.’
‘So tell us, Doctor, in your opinion what kind of strength or force would be needed in order to inflict the injuries which Benjamin Stokes sustained, bearing in mind the weight of the murder weapon?’
‘Quite significant force.’
‘Would you imagine that the necessary force could have been produced by an eleven-year-old boy – particularly one of the defendant’s small stature?’
Dr Gault shifted in her seat. She glanced in Sebastian’s direction and Daniel noticed that Sebastian met her gaze.
‘No, I would have imagined that the necessary force was more consistent with an adult assailant … but having said that … Someone of smaller stature, or indeed a child, might have been able to inflict these injuries if the victim was below the assailant, allowing the force of gravity to compensate for lack of physical force.’
‘I see.’ Judge Baron nodded. ‘I see. Do you have any further questions, Miss Clarke?’
‘It is your expert medical opinion, Dr Gault, that a child would have difficulty in inflicting these injuries because of the weight of the murder weapon?’
‘The witness has been asked and has answered, Miss Clarke,’ said Baron. Irene sat down, a brief flush on her cheeks. ‘Mr Jones?’