The Pretend Boyfriend novel Chapter 97

Norma says, "But it was not so in the landmark case of Imerman v Tchenguiz back in July 2010. The Court of Appeal said it would not condone unlawful activity simply because it was feared that the other party will behave unlawfully and conceal that which should be disclosed. Any information gained through unlawful means should not be used in court."

Sam's heart sinks lower. So much hinges on this.

Karen says, "Your Honor, it is the court's discretion to allow admissible evidence, even if it was obtained unlawfully, if it is in the interests of justice to do so. This discretion can be exercised in accordance with the significance or weight of the evidence in question, and with regard to the gravity of the law-breaking concerned."

She looks meaningfully at the Judge.

Sam knows that underneath all that legal jargon, Karen is pleading with the Judge to allow this evidence because of Brian's situation.

After a long pause, the Judge says, "I will take this under advisement." He glances at his watch. "It's time for a lunch break. We will reconvene in an hour. Both counsels ... in my chambers ... now."

Sam watches as both Norma and Karen storm after the Judge into his chambers behind the courtroom.

Brian turns to Sam, his expression concerned. They hug over the divider, oblivious to the stares around them.

"What if he doesn't allow this?" Sam whispers in Brian's ear.

"Don't worry about things you can't control." He smiles at her as he tucks a strand of her coppery hair behind her ear. "You hungry?"

Brian, Sam and Angelique have a quick sandwich lunch in the bistro downstairs. People keep glancing over at them, but do not approach, thank goodness. The situation is uncomfortable enough with Angelique in their midst.

Angelique is trying to make conversation. 'Trying' is the right word, because Sam thinks Angelique doesn't do it very well.

"How long have you two been going out?" Brian's mother says. It may have been an attempt to be casual, but from Angelique, it comes off as probing.

Sam doesn't reply but looks instead to Brian. He takes a sip of coffee to compose himself.

"A little over a year," he says.

Sam tries to meet his eyes, but he refuses to engage hers.

"That's nice, Brian," Angelique says. "It's splendid to know you have been with someone this long. It must be a record for you."

"Thank you for the observation, Mother."

"And would you two be settling down anytime soon?"

Brian wears a funny expression that can be interpreted as 'Help me out here'.

Amid the scrapes of chairs, everyone rises, and then sits again as the Judge takes his place.

After a few introductory recaps, he announces, "Due to the nature of the evidence, which was unlawfully obtained and which contravenes Article 8 of the Human Rights, which is the right to respect an individual's private life, including her home, I have moved to strike it off. The photographs may not be used in court."

A collective murmur issues through the crowd. Sam's spirits sink.

Damn.

It is up to Brian now to prove Delilah's malicious intent.

Then there's the issue about the other piece of 'evidence'. The one that is coming up. Is the Judge going to strike that one off too?

The next day, Brian has to sit through the rest of the prosecution's witness testimonies. Norma Hennessey has called Manny, the doorman of his apartment building.

Manny testifies - all the while looking at Brian sheepishly - that Delilah had indeed run out of the elevator doors that fateful night. Her mascara was streaked and her hair was in a mess. There were scratches on her arms and chest that he could see above the swelling of her breasts.

"I tried to stop her to ask her what happened ... but she was crying and shaking her head. She ran to the parking elevators. I debated whether or not to call the police - "