‘Why did this alarm you?’
Irene was on her feet. ‘My lord, I really must protest: my learned colleague is putting words into the witness’s mouth. He has not stated that he was alarmed in any way.’
Jones nodded at Irene and then rephrased his question: ‘Tell us what the conversation relating to his mother’s miscarriage revealed, Dr Baird.’
‘Well, I considered his knowledge to be more detailed than one would have expected and also somewhat inappropriate, particularly for a child of his age … but again, this is in no way definitive.’
Daniel watched Irene furiously scribbling notes on her pad. He knew she would return to this subject on cross-examination.
‘I see, not definitive. Tell us about Sebastian’s ability to handle social communication.’
‘Yes, he does seem to have problems with social communication and social interaction … ’
‘Yet you failed to diagnose Asperger’s, preferring … ’ Again Jones twisted his face to read from his notes. ‘ … PDD-NOS. In my layman’s view he is sounding like a model example of a child with Asperger’s syndrome. Why is that not so?’
‘Well … Sebastian did show ability for social imagination … not only an ability but indeed an aptitude for it. This became very apparent in the role play that we did. It was this lack of … one of the key symptoms of Asperger’s that led me to disagree with the earlier diagnosis. But on reflection I did consider that he may demonstrate PDD-NOS.’
‘And what exactly is social imagination?’
‘Essentially, it is being able to imagine a range of possible outcomes to a situation – particularly a social situation. Many people with Asperger’s can be creative, but a typical symptom of the condition is the inability to imagine different outcomes to situations presented, or to … predict what will happen next. Often they will have trouble working out what other people know.’
‘I see.’ Jones was standing tall now, flourishing his robes and looking straight at the jury. ‘Tell me, Dr Baird, is social imagination important for someone to be a good liar?’
Daniel held his breath. Jones had raised his voice as he said the last word. Daniel looked up. The courtroom shuffles and murmurs had stopped. Baird swallowed. Daniel watched as his eyes flicked towards Irene.
‘Dr Baird?’ Jones prompted.
‘Well, certainly, if a lie is complex and involves visualisation of certain outcomes, then social imagination will be very important … but it should be noted that people with Asperger’s often find it impossible to lie.’
‘But, Dr Baird,’ said Jones, a predatory smile on his lips, ‘you just told us that Sebastian did not have Asperger’s, for the very reason that he showed an ability … indeed an aptitude … for social imagination, something that may have allowed him to lie convincingly about the murder of young Ben Stokes. Is that not the case?’
‘I … think that PDD-NOS is a more appropriate diagnosis, yes … I cannot speak about … ’
‘Dr Baird. Would you say that children with Asperger’s and indeed those diagnosed with the lesser condition of PDD-NOS often tend towards violence?’
‘Well, I … ’
Irene stood up. Daniel clasped his hands.
‘My lord, again I question the relevance … The witness is giving his expert opinion of my client’s psychological state. We have no time for generalisations … ’
‘That may be, Miss Clarke, but the witness may answer … As an expert he is entitled to show how your client’s psychological state pertains to … more general conditions.’
‘Well … ’ Baird stumbled, ‘children who display symptoms of PDD-NOS and Asperger’s may become frustrated more easily and as a result are more prone to temper tantrums, meltdowns, intense anger and violent behaviours.’
‘I see … intense anger and violent behaviours,’ Jones repeated, turning in the jury’s direction. ‘Would children displaying such symptoms also lack … empathy?’
‘Again, the disorder has a wide spectrum, but … and this is true of aggressive children in general … they quite often do not feel, or indeed understand, the suffering of others.’
‘Thank you, Dr Baird,’ said Jones.
Jones seemed pleased with himself.
‘If I may, my lord,’ said Irene, standing up again.
Judge Baron fluttered his fingers in consent.
‘Dr Baird … focusing now on Sebastian, and moving away from previous generalisations, is it your expert opinion that he was aggressive or indeed duplicitous when you met with him – twice?’
‘That was not my experience of him, and we should not assume that he would be capable of these things.’
‘I see. You have testified that you consider that Sebastian may have a disorder on the Asperger’s spectrum, PDD-NOS. Is this common?’
‘Very much so.’
‘Is it therefore likely that a large number of otherwise healthy and sane adults in society would show these mild Asperger’s spectrum traits?’
‘Yes of course, although there would be no way to tell how common, as even now it largely goes undiagnosed.’
‘So people in this courtroom, other than the defendant, may also have PDD-NOS?’
‘It is entirely possible.’
‘People in the jury could have PDD-NOS, or even the barristers, solicitors and judge in court today?’
Her words were shocking and Daniel glanced at Baron. The old man was scowling, but said nothing.
‘Again, it is … possible.’
‘And is this not worrying? Is PDD-NOS indicative of criminality or violence?’
‘Not at all, it is just that the limitations of the disorder can increase frustration and occasionally result in outbursts in certain individuals.’
‘Thank you for that clarification.’ Daniel watched as Irene consulted the notes she had made during Jones’s questioning. ‘Now in relation to the defendant’s supposed morbid fascination, you have cited his description of his mother’s miscarriage as an example. Page sixty-three, paragraph four, in your bundle notes the transcript of the conversation to which you refer. What exactly did Sebastian say that you considered morbid or inappropriate to his age?’
‘The biological details he noted were startling – the exact age of the foetus, his awareness of trauma to the womb and the consequences for his mother’s fertility. He vividly described the haemorrhaging … ’
‘I fail to understand why this is attributable to a disorder, Dr Baird. My client was expecting a little brother. The pregnancy was third trimester, and he had, as you would expect, felt his sibling move through his mother’s stomach – in fact he spoke of this event. I am sure you are aware of the questions this experience will prompt in a child, about the specifics of biology. You are aware that the baby was lost as a result of a household accident … ’ Irene paused. Daniel wondered at her choice of phrase. ‘Do you not consider it wholly understandable that a child who witnessed the fall and such a late-term miscarriage in his own home may have become … morbidly preoccupied, as you put it? Would this not represent a significant trauma for the boy and his family?’
‘Indeed that is a reasonable explanation. Previously I answered questions on general aspects of the condition – not specific to Sebastian’s case.’
‘Thank you,’ said Irene, triumphant. ‘Now once again, according to your assessment of the defendant, do you think that Sebastian is capable of the alleged offence?’
Baird paused, almost tasting the words before he spoke. ‘No, I do not consider him capable of murder.’