The Torso in the Canal (13 page)

Asked by Birmingham what her immediate reaction to this was, she said: ‘I didn’t believe it. She told me it was herself and Linda. She didn’t say too much about my mother but I knew my mother had been there. I just let her tell me what she was saying.

‘Charlotte and she had been in the chipper and they came in the apartment where they found Farah trying to rape my sister Linda. Charlotte tried to get Farah off and he turned on her.’

Birmingham then asked if she continued to disbelieve her sister’s story. In response, she said: ‘I didn’t believe her at all until I heard it on the radio that a body had been taken from the canal.’

Isobel Kennedy, the senior counsel representing Charlotte, conducted a short cross-examination. She asked about her statement, which suggested the conversation had been in the bathroom of the house and not in the bedroom.

Marie didn’t deviate: ‘That could be a misprint. I know the conversation took place in my bedroom.’

Kennedy put it to her that her client had never said a word, causing her to reply: ‘I disagree with that.’

*****

It was noteworthy that the statements furnished to the detective team by Noor’s former partner had been disclosed to the defence for legal reasons. The prosecution, predicting the defence would correctly seek to portray Noor as a violent thug, decided to call her as a witness, rather than have the defence do it.

There was a general feeling on all sides that her evidence could heavily influence the jury.

Her testimony was heartbreaking. She spoke of the beatings and rapes she suffered at Noor’s hands. This evidence had a clear effect on the jury, who were left in no doubt about the true nature of Noor’s personality.

Perhaps the most important evidence given in the trial came from Mangan and Gerry McDonnell, the detective to whom Charlotte had given her confession. These were among the last to give evidence. Their testimony, which involved reading the various statements into the record, was crucial to both sides.

The defence for both Linda and Charlotte had decided against allowing the sisters to take the stand. It was the general consensus that it would be best if the detectives explained the emotional impact the killing had on their clients.

There is no doubt that this decision was the correct one as it introduced impartiality to the trial. The lawyers hoped the jury might pity the sisters on hearing about the calamitous affect the killing had on them.

When Mangan stepped into the witness box, he was asked recall the confessions Linda had made to him back in August 2005. The detective inspector spoke as openly and honestly as he could.

He took Birmingham through the confessions and Linda’s admissions. But there is no doubt that he made a point of emphasising that she had continually wept, often with tears streaming down her face, while she confessed.

‘I knew it was an emotional time for her but she indicated she wanted to talk to us. She couldn’t get the thoughts of it out of her mind,’ he stated.

Linda sat with her head bowed as her own statement was read aloud to the jury. She partly covered her face with her long blonde hair, and occasionally sobbed. At one stage, she asked for a break. She was feeling faint and ready to collapse. This was granted by the trial judge.

Grehan conducted a brief cross examination of Mangan to try reinforcing the sincerity of Linda’s regret over what had happened. Mangan spoke with honesty when he said the gardaí had been making limited progress in the case until she had contacted them. He didn’t let the matter rest there. He went further, saying the killing had a traumatic effect on Linda. This was the truth. He also mentioned that she had turned to alcohol, and had slashed her arms.

He then went on to reveal how her father John had taken his own life just before Christmas, whilst her mother had disappeared. When he stepped out of the box, Linda looked at him momentarily; there was nothing more he could do.

Detective Sergeant Gerry McDonnell made another compelling witness. He spoke about Charlotte, whom he had interviewed. When he took the stand, he told Birmingham that Charlotte had confessed on 17 October. The statement she made was also read out to the jury.

McDonnell told how she initially denied she had been at the flat at the time of the killing.

He recounted how she claimed to have found her mother, Kathleen, covered in blood. He too spoke about how Charlotte had cried, and agreed she loved her sister, and had wanted to protect her. And like Mangan, he spoke freely and without hesitation about Noor’s violence towards women, adding that Kathleen had also made allegations of assault against Noor.

The trial lasted ten days in total. In her closing speech for the prosecution, Úna Ní Raifeartaigh told the jury that some of the evidence they heard had been distressing, disturbing and shocking.

She urged the jury to carefully decide what to make of the evidence, and said the prosecution would be inviting them to come to the conclusion that this was a case of murder. However, she told the jury members they must also consider the defence of provocation, and self-defence in relation to both of the accused.

Grehan spoke eloquently for Linda. He wanted the jury to consider the cases against the sisters separately. This was crucial from his point of view.

He pointed out the simple facts of the case. He said his client had been frightened, and there was a clear indication of a sexual motive on the part of Noor when she said he grabbed her.

Speaking without fear of contradiction, he proclaimed the prosecution had also failed to prove that Linda had caused the death of Noor. He pointed out that Noor’s head had never been recovered, and the only evidence of the cause of death was in fact injuries to the torso.

In his summation, it was entirely possible that Noor had already been fatally injured. He pointed out that it was open to the jury to bring in a verdict of ‘accessory after the fact’ of the killing.

In her closing speech, Isobel Kennedy also invited the jury to conclude that Charlotte had initially denied involvement in the killing in order to protect her sister, the one person she was ‘utterly devoted to.’ This was true.

She too urged the jury to consider all the facts. She said a finding of self-defence could be used in relation to oneself, but also to another person. The defence of provocation, she argued, could also reduce the offence of murder to manslaughter where there was a total loss of self-control due to the words and actions of the victim.

Linda and Charlotte never flinched; instead they remained impassive as their lawyers spoke on their behalf. In truth, they both knew there was nothing they could say or do. They were in the hands of the jury.

Before the jury rose to consider its verdict, Judge Carney spoke. He told them there could be four verdicts open to them in respect of each accused. He said they could be found guilty of murder, or in the case of provocation, that offence could be reduced to manslaughter.

He urged the jury to consider whether either woman had acted in self-defence, which could reduce murder to manslaughter, or in fact, result in a complete acquittal. When he finished speaking, the jury were led away to debate the evidence. Judge Carney then rose and returned to his chambers. It was up to the jury to decide their fate.

Chapter Ten

‘Conscience is the chamber of justice.’

- Origen, early Christian writer

Alone in the
court, Charlotte and Linda knew they were in the hands of a jury who would decide their fate.

There was nothing more that anyone could do. Privately, they must have realised they would be found guilty of some crime; now everything depended on the conviction, and the sentence the judge would impose.

Noor’s death—even before they had been charged—had a powerful effect on the country. There was no escaping the media interest in the trial, nor the two accused. Ever since they had been charged, they had not had a minute’s peace. The tabloids had even given them nicknames: they were called the ‘Scissor Sisters’. In truth, they blocked as much of this hyperbole from their minds as possible. Uncertain about how to react or respond, they became more inward looking; never before had they been so alone.

They exchanged secret glances, went outside to smoke cigarettes, and sometimes, when the guards would allow them, spoke to their immediate family who came to support them. It seemed clear to themselves, and everyone familiar with the trial, that the evidence was stacked against them.

To the impartial observer, it was simply a matter of deciding whether the jury would return a verdict of murder, or possibly manslaughter. Still, there was always hope.

The seasoned court observers were of the opinion that the jury would return within an hour to deliver a verdict. This assumption, in time, like everything else to do with the killing of Farah Swaleh Noor, would prove to be nothing more than idle thinking.

In contrast to what they expected, when the jury returned to the courtroom a few hours into their deliberations; Judge Carney told them he would accept a majority verdict, in which at least 10 jurors formed the majority. However, he was unequivocal in his desire for a unanimous verdict.

Then a forewoman stood up and explained that they had not yet reached any verdict; this was an unexpected development which took many by surprise. Judge Carney decided to send them to a hotel for the night, where they could rest, and begin their deliberations once more the following morning.

In contrast to what everyone expected, it appeared that the jury were finding it difficult to come to a decision. This had to be interpreted as a good sign.

The next day, at 11am, they returned to the courtroom. Judge Carney sent them away to deliberate the intricacies of the trial once again. Time passed slowly for the two sisters, who despite the trauma that engulfed them, were looking healthy.

The jury emerged at lunchtime, but there was no news. It was at this point that a gradual fear began to grow among onlookers in the court. Although no one dared mention it; there was a possibility that the sisters could be acquitted.

The atmosphere lent itself to coincidences. Still there was no news, even after the jury returned from lunch, and once again resumed their deliberations.

Later that same evening, the courtroom was engulfed with the rumour and counter-rumour of a hung jury. Mangan began to look concerned. Members of the detective team stood around the round hall in small groups, chatting amongst themselves and wondering aloud; this made no sense to any of them.

Hours later, they were called back into the court in time for the jury to emerge from the deliberations room. The defence and prosecution teams quickly assembled themselves in time for the court clerk to announce Judge Carney’s entrance with the words, ‘All rise.’

When the judge had taken his seat, the forewoman stood up and said that they still had not made up their minds.

Most people agreed that they were having difficulty in deciding a verdict. The interpretation of this was to the benefit of the two accused, especially Linda, who had wept openly when her statement was read to the court. This had, in the opinion of some, disturbed the jury and caused them to see her as a vulnerable woman rather than a ruthless killer. There was no doubting that something was causing them to think before coming to a decision.

Aware of the rights of the accused, Judge Carney urged them once more to continue with their deliberations in the morning, and sent them to a hotel once again.

The failure of the jury to return a quick verdict caused a degree of confusion among the media, who had broadly speculated that Charlotte and Linda would be convicted, but even with this rationale, could not understand what was taking so long.

*****

The next morning, the jury returned once again at 11am and vanished into their deliberations room once Judge Carney had officially opened a new court session. After hours of secret deliberations, they appeared again.

This time, the jury forewoman told Judge Carney that they were deadlocked. Her words sent shockwaves through the courtroom. Though all eyes were on the jury, Charlotte and Linda looked more than taken aback. The jury had deliberated for more than 14 hours at this stage. Without intending to, the jury had thrown Linda and Charlotte a lifeline. The sisters looked at the forewoman, trying to read her eyes, but they could not detect the slightest clue as to what was happening.

It was now Friday night. Mangan could not believe the jury hadn’t delivered a verdict, leading to speculation of an acquittal. In such a situation, Mangan would have preferred a re-trial. Judge Carney remained impassive. He was still of the opinion that justice should prevail no matter what, and encouraged the jury to continue discussing the matter.

In doing so he said: ‘There are five children who have a vital interest in this, as you know, and we’re anxious to reach a conclusion.

‘If you’re in any doubt as to the evidence, you should resolve it in favour of the accused, and if there’s any further help I can give you I’ll be delighted to do so.’

He was of course referring to Linda’s four children and Charlotte’s baby boy. However, the remark caught the prosecution team by surprise. Birmingham rose to his feet as soon as the jury had vanished into their private room. He objected to the Judge’s comment.

Judge Carney, speaking with absolute conviction, stood up and said aloud; ‘Get real Mr Birmingham,’ before disappearing into his chambers. The exchange added more drama to the courtroom.

Later that evening, the jury emerged once more and took their seats. Minutes later, Judge Carney returned to his seat. This time, the jury forewoman stood up, and speaking with as much authority as she could muster, told the judge that they had come to a deadlock, only to have Judge Carney urge them to deliberate for a further half-hour.

However, shortly afterwards they returned. They requested that they go to a hotel for a third night. The forewoman said: ‘We’re talked out. The air upstairs is blue and we wish to come back to this tomorrow.’

This was interpreted as a good sign. What Linda and Charlotte made of the legal jousting will never be known. The sisters looked relaxed. Linda, more than Charlotte, had settled into the routine of the trial and no longer found it intimidating. In the last days of the hearings, they had arrived to the court neatly dressed. Linda wore a shirt and a leather jacket, though she kept the piercing above her upper lip.

Charlotte, who had just had a baby, made a similar impression, but she dressed in denim. Though she wore her hair in a pony tail, it was her eyes that attracted the most attention. Like Linda, she wore heavy eye-liner, which overstated her features. This, perhaps more than anything else, was a mask that detracted attention away from the stomach -churning anguish that overcame her every time she thought about losing her baby. Although the courtroom was besieged with reporters, none saw the panic on the accused sisters’ faces because they masked it so well.

The next day, at 11am sharp, the trial resumed in the Central Criminal Court. The jury were now escorted everywhere by a team of gardaí assigned to protect them and keep them from discussing the trial with anyone outside the jury. That morning was a Saturday, hence the Four Courts complex was empty, but it had been specially opened for the trial.

A scattering of journalists hovered around the round hall outside Court No. 2, waiting in anticipation. Once again, when the jury arrived and appeared before Judge Carney, they vanished from sight into their private room. They emerged an hour later, prompting excitement, but they only wanted to have a cigarette break.

Then, an hour later, rumours circulated that they had come to a decision. It had been three days and the jury had deliberated for 18 hours and one minute exactly.

There was total silence in the court as the jury took their seats. Their entrance was followed by Judge Carney, who returned to the hushed courtroom, and took his seat. Then the forewoman stood up and announced that they had reached a decision. Linda and Charlotte held hands and didn’t say a word.

The forewoman passed a note to the court clerk, who asked if they had reached a decision. The answer was yes.

Linda had been found guilty of manslaughter; Charlotte guilty of murder.

The facts were as follows: 11 members of the panel agreed that Linda was guilty of manslaughter, while 10 convicted Charlotte of the murder of the Kenyan.

Judge Carney then thanked the jury for its careful attention to the verdict, which he said had been a ‘discriminatory’ one. It was over.

*****

When the verdicts were read out, the sisters did not touch or look at each other. In the silence, both looked down and showed no surprise; their body language never gave them away.

Instead, Charlotte called her solicitor to ask to be allowed to keep her baby. She was distraught; few people thought for a moment about the effects her conviction would have on her little boy.

Isobel Kennedy raised the matter immediately, as her sentence was a forgone conclusion; she would get life imprisonment.

Mangan was seated across the court and looked relieved that it was over, as did the rest of the team.

Moments after the verdicts were delivered, he was called back to the witness box to give evidence. This would assist Judge Carney in imposing a sentence. He had just one opportunity to try to explain his knowledge of the two convicted women.

He began with the facts. Linda, he said, was un-employed and a mother of four young children. Reading from his notes, he said she had a previous conviction for larceny dating back to 1993.

This time, he made a point of emphasising that she came from a troubled background, though the words he used were a ‘very tough family background.’ He continued, in his own measured way, to recount the horrific life Linda had led. He said there was a history of abuse by a violent partner, who had received a ‘substantial jail term’ for cruelty to her children.

Next he spoke about Charlotte, who could only think of her baby boy. He said she had a conviction under the Criminal Damage Act and for a public order offence, but she had received probation. He drew attention to the fact that she had a serious problem with drugs and alcohol, and like Linda, came from a ‘troubled background.’

Mangan had never seen the sisters as the monsters they were made out to be; he correctly saw them as products of society—a harsh and brutal society.

He referred to the death of their late father John, saying: ‘John Mulhall (Snr) was probably in my view the mainstay of the family.’

The court fell silent as he said it was his opinion that the current case had contributed to his death.

*****

There had been no winners in this trial. The jailing of the Mulhall sisters wasn’t in itself punishment; separation from their children is what hurt them the most. Though Linda’s conviction for manslaughter was a success by all accounts for her legal team; there was no denying this.

Charlotte had been found guilty of murder; there was now nothing anyone could do or say to change that. It was now time for the formalities. Judge Carney next asked about the possibility of a victim impact statement before he sentenced the sisters. Birmingham told him the team had not received any ‘great assistance from the Kenyan authorities.’

Judge Carney adjourned sentencing until 4 December, when he would have more information. The court rose once more.

When he left, Charlotte and Linda came back to life. Charlotte hugged her two brothers as she was led down to the cells. Linda now began to cry. ‘Thank God it’s over,’ she said.

She then kissed each of them, and hugged them tightly, touching their faces, before making her way out of Court No. 2 to join her sister.

She had seemed truly moved by Mangan’s evidence, which was delivered in a sincere and truthful way. Before she left, she shook his hand, and thanked him for everything he had done. She also thanked the other members of the team. Few inside the courtroom fully understood how she had been haunted by Noor’s killing, though Mangan knew full well.

*****

Linda and Charlotte Mulhall had always accepted they would end up in prison when they began the arduous task of confessing. Linda had been the first to tell the truth. Charlotte had only confessed when confronted with Linda’s admission. In this regard, their incarceration had never been in doubt. Once Linda had made the decision to reveal the truth; her future had been decided. Perhaps, she saw this as a way of absolving herself of the guilt that consumed her.

She had stood to gain nothing by confessing to Mangan; she had not sought a deal, or even attempted to secure a lesser sentence. Instead she had told the truth and done what was asked of her.

It was noteworthy that she had never attempted to blame anyone else for the killing; on the contrary, she had placed her own liberty at risk to protect her father. Of course, she had lied in the beginning, but when she made the mental decision to tell the truth, she did so with a degree of honestly that is a rare occurrence.

Charlotte’s sentence had been a forgone conclusion. Because she had been convicted for murder, her lawyers knew she had to receive a mandatory life sentence. Linda’s case was starkly different; the jury had convicted her for manslaughter, which afforded her trial judge an opportunity to impose a lesser sentence.