Chapter 28
Published: 9/1/2021
Harry was fuming. The meeting with the Ministry prosecutor was not going well, even he could see that. Harry had gone to Hermione's office for a night meeting, so they could organize the case for the upcoming trial. McGrath, apparently, had called in a lot of favors and obtained the quickest trial date that he could. The bastard knew that Draco refused to talk before his accident and correctly guessed that spending more time at the hospital was helping him recover. McGrath and his solicitor wanted to make sure that didn't change.
McGrath was going to be tried before the whole Wizengamot, who had issued out life sentences to the guards of Azkaban. So that was in their favor, as smaller panels were easier to sway on technicalities. Hermione was optimistic that McGrath would be convicted of the small things: criminal neglect, theft, reckless endangerment, conspiracy, fraud and a slew of others, but the big one... the attempted murder charge... was a long shot. Draco's statement was inadmissible unless it was spoken in open court, as there were no witnesses.
The Department of Magical Creature had found the house elf, but McGrath had already dismissed him before Draco was thrown out the window. The footprints and evidence on the windowsill were circumstantial. Hermione was quick to point out that there was nothing that showed they appeared before, during or after the "accident". McGrath had contended the evidence being admitted in and had submitted his reports of Draco's refusal to speak to and his general despondency. McGrath's barrister, Grayson Runcorn, also requested all of Draco's prison reports, as well as the recent Azkaban trials testimonies.
Hermione explained that the defense's case was that Draco was the "unfortunate victim of the Azkaban conspiracy" and was suicidal. Runcorn already had a few witnesses lined up, including one of Draco's abusers from Azkaban and some healers from St. Mungo's, not under privilege. She said that their argument was a simple one: McGrath didn't do this, Azkaban did. They were shoving it on Ernie, for not admitting Draco to the hospital the second he was released.
It was McGrath that got the house elf for him and checked on him every day. Supposedly, he reported his concerns, and they were ignored. There was no way to prove when the reports were actually submitted. Ernie had already left the country, following his substantial fine and termination. He couldn't defend himself or say what had or had not got reported. Nothing in the file was time-stamped. McGrath could have dumped them all on Ernie's desk the day the EMMT's were called, or he was telling the truth, and Ernie ignored the reports.
McGrath was smart enough to set up his alibi before he tried to get rid of Draco. He was just going to say that he only knew to report it and it was Ernie's job to send him to the hospital. In his arrest statement, McGrath said, "I hope that Mr. Malfoy got the mental health attention he needs to recover from the horrific abuse he suffered at the hands of the Azkaban guards". It made Harry sick when he read the Auror report and he wanted the man to pay for his callousness.
Hermione had explained something else that was now troubling him. None of the Azkaban victims had been released from prison, nor made statements in open court. All the evidence had been direct observation from stealth surveillance teams and confessions from the abusers. The Court and Ministry weren't interested in what the victims said, he realized, and Draco was still considered a Death Eater. The Wizengamot and Ministry prosecutor hadn't granted clemency to any of the prisoners of Azkaban, despite a few appeals. This was about shoving what happened under the rug and forget it.
The prosecutor, Kevin Bletchley, had no desire to shed more light on the extent of what Azkaban guards really did. Draco was direct evidence, an essentially free man. The rest of the victims were neatly tucked away in prison. This case was delving more into politics and ass-saving than Harry had ever wanted to see. Bletchley didn't even want him to testify and didn't even fight the entering of McGrath's reports into the court packet.
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