Fandom: Torchwood
Characters: Ianto, Jack, OCs
Author: m_findlow
Rating: PG
Length: 3,261 words
Content notes: Spoilers for Episode1.6 - Countrycide and BigFinish audioplay Broken.
Author notes: Written for Challenge 228 - Witness
Summary: The toughest battles are always against aliens.
'No further questions, Your Honor,' the prosecutor Adrian Clements said, retaking his seat. Jack let out a sigh of relief. He'd been running late and hadn't had a chance to see Ianto before he'd been called to the stand. It was all he could do to quietly enter the court room, bow to the presiding judge and take a seat in the gallery, much further back than he'd like. Had he been here on time, he'd have been seated right up behind the prosecution bench where he'd sat for all of the other testimony. The gallery was almost overflowing. Rumours of a case involving murder and cannibalism had swept the media into a frenzy, all itching to get the dirt on the trial. Stuff like this was tabloid gold.
So far so good, he thought. Though he'd been late, Ianto had been prepared well and had answered all of the questions to perfection, just as expected. He didn't want to add any pressure to the situation, but Ianto's testimony was the lynchpin for the whole case. Once he was done, there'd be no doubt in any juror's mind that these cannibals were guilty and deserved to be locked up for all eternity. It had been months in the planning, but finally, they were going to get their comeuppance. Tosh's own statements would get them on the hook for grievous bodily harm, but Ianto would seal the deal, adding murder and cannibalism. Unlike the rest of them, he had the bruises and the memories.
Jack watched as the defense attorney stood, buttoning his expensive pinstripe jacket. Jack had come to dislike the man over the course of the last few days. He was slick and liked to pander to the jury, making light of what Jack's team had suffered. How anyone could defend killers was beyond him.
'Mr Jones, thank you for taking the time to speak here today.'
Ianto sat in silence knowing that it wasn't gratitude, but merely platitudes.
'May I begin by asking what your reason was for being at the property on the night in question?'
'We were investigating a speight of missing persons reports.'
'And are you the police?'
'No.'
'A registered private investigation firm?'
'No.'
The young prosecution lawyer stood up. 'Objection, Your Honor, it's already been established that Mr Jones is an employee of the Crown.'
'A postal worker is an employee of the Crown, Your Honor,' the defense attorney began. 'They have no more right to be sticking their noses into suspected criminal activity than any other government employee.'
'Overruled, for now.'
There was a slight smirk from the attorney in the direction of the prosecution bench, hidden from view of the jurors. 'So, you and your coworkers were there to investigate? On behalf of the Crown, presumably, then.'
'Yes.'
'And you were aware that you were trespassing on private property at the time?'
'There was no one around.' Because they'd all been kidnapped and killed, he wanted to add.
'A simple yes or no answer, please, Mr Jones. Were you cognizant of the fact that you were trespassing illegally?'
'Yes. I suppose.'
'Did you at any point attempt to enter any property during your investigations?'
'The door was locked,' he said, picturing Tosh tugging hard against the heavy wood door before kicking it, all to no avail.
'But you did try to open it to gain access?'
'Yes.'
'Let's go over the next few events from your earlier testimony. You say you and your companion, Ms Sato, were both surveying the house. After a while you became aware that she didn't appear to be in the vicinity, and you believed she'd had been taken.'
'She went missing, yes.'
'Could she not merely have been out of earshot?'
'Perhaps, but it's unlikely. I did shout. We had a feeling we were being watched. Probably by the same people who stole our vehicle.'
'And when you couldn't locate her, you claim that you were attacked from behind.'
'Yes.'
'Did you see the assailant at any point?'
'No.'
'So, you could have tripped and fallen, knocking yourself unconscious?'
The suggestion angered him. He was no field agent but he wasn't a klutz either. 'That's not what happened.'
'Were you carrying a weapon at the time, Mr Jones?'
He didn't like where this was going. 'Yes.'
'And could someone have mistaken you for an intruder? If it were me seeing someone poking around my house armed with a gun, I might be inclined to defend myself as well.'
'Objection.'
'Counselor will refrain from adding theatrics,' the judge warned.
'Yes, Your Honor.' He cleared his throat and consulted his sheaf of notes again, letting the sentiment hang in the air for a moment. Jack was annoyed by the courtroom games. Never mind that the cannibals had guns as well.
'In your testimony, you claimed that you were held captive in the defendant's cellar. Is that correct?'
'Yes.'
'And for what period of time were you allegedly held there?'
'I don't know. An hour perhaps.'
'So, not very long. And you said that you discovered a refrigeration unit in the cellar, and that it contained what you described as human body parts.'
'Yes.'
'And are you a qualified medical practitioner?'
'Objection, Your Honor,' the prosecutor said. 'Forensic evidence has already confirmed that the remains were in fact of human origin. Mr Jones' opinion is not relevant, nor whether he made a correct conclusion.'
'Forensic evidence and eye witness testimony are two separate lines of evidence, Your Honor,' the defense argued.
'Overruled. The witness will answer the question.'
Ianto leaned forward. 'To the best of my knowledge, they appeared to be human.'
'And what made you draw this conclusion?'
'There were clothes down in the cellar. Shoes and other possessions. From the people who'd gone missing.'
'That's rather a long assumption to make. They could have just as likely belonged to the occupants of the house. Don't you keep old disused items in storage?'
'Objection.'
'Sustained. Keep your opinions to yourself if you can, counsel.'
'Yes, Your Honor.' There was another contrite little look. He casually unbuttoned the jacket again, slipping a hand in his left pocket. 'Do you suffer from any psychological issues, Mr Jones?' Jack tensed at the question. Where the hell had that come from?
Ianto swallowed visibly. 'No,' he replied.
'May I remind you that you up are under oath, here, Mr Jones. Let's go back a few months, shall we? On October 21st 2005 your girlfriend, a Miss Lisa Hallett, was killed. Is that correct?'
Ianto tried to keep his expression neutral. 'Yes.'
'Under what circumstances?'
'Objection. The witness is not permitted to disclose his current occupation or that of his former partner at the time of the question.' Jack could see the battle etched in the prosecutor's face, trying to cut off this line of questioning. For Jack's sake, and Ianto's, he hoped it would work.
'Sustained. The witness does not have to answer the question.'
The defense attorney didn't look the least bit put out by this. 'And was it around this time that you returned to Cardiff, wasn't it?'
'Yes.'
'Did you receive or did you seek out any counselling as a result of your girlfriend's death?'
'No.'
'And did you seek any other methods for dealing with what must have been a difficult time for you?'
Ianto frowned. 'I'm not sure what you're referring to.' Jack gripped the edge of the bench underneath him in anticipation.
'Let me put it more succinctly. Did you drink, Mr Jones?'
'Objection. Relevance?'
'Goes to state of mind, Your Honor.'
Jack pleaded for the judge to say no. 'I'll allow.'
'Did you ever consume alcohol as a means of, shall we say, unwinding?'
'Doesn't everyone?' Ianto replied, forgetting himself and the insistence from his own counsel that he stick to yes and no.
'Did you ever drink on account of loneliness or grief, then?'
Ianto looked like he'd been backed into a corner with no way out. 'Yes.'
'And did you do this often?'
'Yes.'
'And on these occasions how many drinks would you generally consume?'
'Two, maybe three.'
'Beer or spirits?'
'Both.'
'Did you ever drink to the point of inebriation, Mr Jones?'
Ianto paused, clearly uncomfortable with the question. His eyes flicked towards Jack for a split second before looking away again, as if in shame. 'Sometimes.'
The attorney returned to the bench and pick up a thin file. 'I have an affidavit here from a Ms Mandy Aibiston who was the former proprietor of a pub in Radyr who states that you were a visitor there on an almost nightly basis. It goes on to say that you were quite open in your admissions that not all was well in your personal life. In fact, she mentioned that on one occasion you were so in inebriated that you called her because you had taken a drug overdose.
Jack froze. Drug overdose? He hadn't known about that, assuming any of it was even true. It couldn't be true. Things hadn't been that bad. He would have known if they were.
'That's correct,' Ianto replied, with no amount of shame, making Jack's heart sink. 'But I didn't.'
'Didn't what, Mr Jones?'
'Overdose.'
'Because Ms Aibiston came and stopped you?'
'No. I... I don't know why I called her. I was scared.'
'Scared you were having a mental breakdown? Scared you might harm yourself?'
Jack was still stunned. Where the hell had the prosecution dug up this information? Mandy Aibiston should have been long gone. He wanted Ianto to speak up and tell them he'd been working undercover, and that Mandy's story was a lie, but he couldn't. Torchwood and anything related was off limits. It had been the prosecution that had afforded them that protection, and now it was being used against them.
'Have you ever consumed alcohol at work, Mr Jones?'
'Yes.' Jack was incensed that they could spin this.
'Do they keep alcohol on the premises?'
'Yes.' God forbid if he had to confess he was the one buying it.
'And since your attempted overdose, have you sought any psychological help?'
'No.' He hadn't because he was fine, or at least getting there, Jack thought. Things had been rocky for a while, but Jack was finally starting to break down some of those defensive walls that Ianto was so fond of.
'It seems then that perhaps your recollection of events might be somewhat clouded by your previously untreated post traumatic stress.' There it was, Jack thought, the final damaging blow that brought it all crumbling down. 'Kidnapped or held captive for trespassing perhaps, but imagining the defendants were killing innocent people and carving them up for meat? I don't think so, do you Mr Jones? Trauma has a way of making everything seem threatening, doesn't it?'
'Objection!' the prosecutor yelled loudly. 'Counsel is testifying.'
'Quite right,' the judge said. 'The jury will disregard the defense's last comments.'
It hardly mattered, Jack thought. The damage had already been done. Asking them to forget the cleverly laid out trap to ensnare Ianto in the truth couldn't be undone. They'd all already had their moment in the dock, each of his team, himself included. There was no coming back to defend one of their own. Despite a considerable amount of damning evidence, all the jury would remember was that the key witness was a deeply troubled young man whose view of events was skewed by the things that kept him awake at night. Terrible things that he had every right to be afraid of, but none of which compared to being seconds from being bled to death and butchered by these animals.
'Nothing further, Your Honor. We'd ask only that we be allowed to call our expert witness to the stand to add his own views on the psychological impact of previous trauma.'
The prosecutor pushed up from his seat. 'Your Honor, we weren't advised that the defense would be calling any expert witnesses.'
The judge seemed to grumble and pause at this. 'I'll allow a recess for the prosecution to gather itself before proceeding.' He banged his gavel and announced a temporary end to proceedings.
By the time Jack fought his way back out of the gallery and the gaggle of reporters, keen to make their updates to head office, he could already spot the prosecution team and Ianto standing quietly further down the hall. He bustled past a dozen people to get to them. If Ianto had looked calm conversing with the legal team in the aftermath, it was a good show. As soon as he caught sight of Jack, that facade began to crumble, the misery of it all plainly on his face that he'd let Jack down.
'What the hell happened in there?' Jack demanded. The lead prosecutor Adrian was an old friend and former lover from a previous life. Jack had haunted his office on an almost weekly basis, trying to get the latest. It was the the prosecutor's credit that he hadn't thrown him out bodily after being endlessly harangued. They both wanted the same thing but Jack had never been good at leaving matters in someone else's hands, however capable they were.
'We were ambushed,' Adrian replied. 'That affidavit was only sworn into evidence this morning. We had no way of preparing Ianto for it. Mentioning it would have only discredited our testimony.'
'I'm sorry,' Ianto said, looking devastated. 'I didn't mean to make such a mess of things.'
'You didn't,' Jack said, placing a hand on his shoulder before pulling him into a hug, deciding that he didn't care who saw them. The defense attorneys had left all their nasty vindictiveness until the end, determined to undermine the most important part of the whole case. He hated them almost as much as he hated the cannibals. How could they even represent them?
'It'll be okay,' Adrian assured them. 'The CPS's case was always based mainly on the forensic evidence. That can't be disputed.'
So why put his whole team through this? Jack almost said. They'd all been caught up in the trial which had dragged for nearly two weeks now. The criminal justice system was too slow and too risky for his liking. Fancy lawyers made a lot of money putting on a dog and pony shown that had little if anything to do with uncovering the truth.
'So, what now?' Ianto asked, pulling away from Jack, but not quite enough to properly put distance between them.
'We stick to our game plan,' Adrian replied. 'This is just a minor bump in the road. It's showing off for the defense. That's how little they have to hang their hat on. The hard part is over now. Everything settles down once we get witnesses out of the way and start ploughing through police evidence. You did well, though. You held firm and stuck to yes and no answers, just like we rehearsed. There's nothing worse than a witness who gives themselves enough rope to hang themselves in front of defense attorneys.'
Jack sensed Ianto go tense at the term hang. He knew Ianto well enough to know that he felt like he'd been hung out to dry no matter what reassuring words were said. He placed a gentle hand on the small of his back. 'I think we're done here, right? You don't need us for anything else?'
'No, you're free to go, pardon the pun,' Adrian said. Having them there to hear the defense's expert witness would only pile more misery on top. He'd come to know the team quite well in the past few months and he respected them for what they did and what they'd been through. Having their personal histories dragged into it was a low blow. They'd have Ianto made out to be a complete basket case before the end if he didn't tear them down on cross examination. There was no time to call their own expert witness, assuming one could be found at short notice. The CPS had any number of psychologists on a short list, but there was no time to prepare them. It would only look like point scoring and bore a jury to have two competing experts in court.
'Ianto, I just want to speak to Adrian for a moment. Did you want to grab us some of those sandwiches from the café downstairs?' he suggested. 'I'll meet you back at the car. We'll eat and go.'
'Okay.' He could tell Jack was giving him permission to escape and gladly took it.
As soon as he was out of sight, Jack turned. 'You told me we were prepared.'
'We are,' Adrian replied, getting annoyed. 'Maybe you can tell me what this woman Mandy's beef with you is, though.' He gave a surreptitious glance before continuing. 'It's to do with Torchwood, isn't it?'
Jack swallowed down a retort. 'Yes.' There was more he had to get to the bottom of on that front yet, but now wasn't the time for it. Not when wounds were still so raw.
'Is it worth us calling her in to be questioned?' Adrian asked. 'A barmaid's testimony wouldn't be that hard to discredit.'
'No,' Jack said, shaking his head. There was nothing the CPS could use against her that didn't involve dragging Torchwood into it. He didn't want them dragging up more of what Ianto might have confessed to her, whether it was true or not. Better they just try to brush over the claims of one hard done by barmaid. 'Just fix this, Adrian.'
'We will,' he promised. 'You just look after Ianto. A day in court like that will eat away at you until you don't even believe the truth yourself. He's going to need someone on his side.'
'I am,' Jack said. He already planned on lying to the team, telling them they'd be tied up with the CPS long after court was adjourned. All he wanted was to take Ianto home and remind him that there was more in this world than evil and hatred, even if it took all night. He owed Ianto that much at least.
'We've got a good case, Jack. Let us do our job and don't do anything to jeopardize that. I know you. You'll want justice, however you can get it. This is how we get it.'
Jack gave him a hard look, one that reminded Adrian of that little bit of Jack that had always scared him, that unknown quantity. 'You're not doing this for me, you're doing it for them and all the victims we couldn't save.'
'You don't need to tell me that,' he replied. 'This is what I do every day. We can't all be heroes and save the world like you, but we can help victims get the justice they deserve and put the bad guys behind bars. Let me do that for you.'
Having watched what had just played out in the courtroom that filled Jack with an unshakable despair. This was a fight he couldn't win, but there was someone here who could. He had to put his trust in him.
'I don't mean to rush,' Adrian said, 'but I've got to speak with co-counsel before we head and back in.'
'Of course,' Jack said. And he had to get back to Ianto. He reached out a hand. 'Thank you, Adrian. I know you'll do your utmost.'
'Only the best for you. After everything we saw all those years ago, it's the least I owe you.'
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