When court resumed at 2.15 pm Mr Sheridan moved to the lectern to continue his cross-examination of Detective Sergeant Harkness (an account of the first part of the witnesses testimony can be found Here )
Mr Sheridan began by asking DS Harkness if he had received any "anti-terrorism training" which the witness confirmed he had. DS Harkness was then asked what the relationship between the News of the World and Lothian and Borders police to which he stated there was "no relationship." Mr Sheridan then asked what the witness understood by the phrase "force insiders" as used by some newspapers. DS Harkness replied that the term would mean "someone who said something to the newspapers" Mr Sheridan then asked the witness if an investigation had been held into possible leaks from this inquiry to the media. DS Harkness confirmed that the Lothian and Borders police professional standards unit had conducted an inquiry into media leaks and that four police officers had been interviewed, he added however that they had been given a "clean bill of health" Mr Sheridan premarked that in this case "Lothian and Borders police had investigated Lothian and Borders police"
Mr Sheridan then moved on to what, he claimed, were "inconsistencies" in the evidence of various Crown witnesses and asked DS Harkness if he had, in his investigation, taken any action on these. The witness stated that a report had been prepared for the Procurator Fiscal on the whole case. Mr Sheridan then brought into evidence an email from Detective Constable Grant Wilson to another police officer, (to which DS Harkness was copied), which said of Crown witness Katrine Trolle " As I said I am available to go and get her for court or for any other purposes......" Mr Sheridan asked the witness of he thought this was "inappropriate" DS Harkness said he could not comment but agreed it was "not what I would have sent."
Mr Sheridan then asked DS Harkness if he had been present when his home was searched in December 2007. The witness replied he had not as "I was detaining yourself" DS Harkness also told the court, when asked, that he was unaware who "tipped of the media" that the search was taking place. Mr Sheridan then asked the witness if he was aware the search had lasted for over five hours and had included a search of his child's clothes and room. DS Harkness replied that it was necessary for the team to check carefully as it was "amazing the places we find items. Mr Sheridan asked about the removal by the search team of his daughters "Christmas dress" and a set of "Rudolph antlers" DS Harkness said this was an "accident" due to items being placed in bags to avoid them being seen by the waiting media. The witness also stated that those items had been returned "the next day." Sheridan put it to DS Harkness that they had not been returned until the 24th December, to which the witness replied that he thought it had been earlier.
Mr Sheridan then turned to an police interview conducted by DS Harkness and others with his wife, and co-accused Gail Sheridan. He began by asking if the officer was aware that Mrs Sheridan was a practicing catholic, had no criminal record and had never been interviewed by the police before. DS Harkness confirmed he was. Mr Sheridan then asked the witness if he agreed with the right of silence and if he was aware that Mrs Sheridan's QC, Paul McBride had advised her not to answer any questions at this interview, DS Harkness said he did agree with the "right of silence and that Mrs Sheridan had told him of her QC's advice. He added that he believed he had a duty to establish the reason why Mrs Sheridan was remaining silent to confirm it was not for "the wrong reason." DS Harkness also told the court that she was being shown productions that "could be of benefit to her" and that instead she was "focussing on a spot on the wall.
Mr Sheridan then hd the witness read the common law caution which is; "You are not obliged to say anything but anything you do say will be noted down and may be used in evidence" Mr Sheridan then asked if Mrs Sheridan was searched and her jewelry and watch were taken from her. DS Harkness told the court that this was "standard procedure" and was partly for the detained person's safety. Mr Sheridan then put it to the witness that Mrs Sheridan had asked to keep with her a set of rosary beads, which DS Harkness confirmed. Mr Sheridan then asked the witness if during the interview, he had removed this set of rosary beads from Mrs Sheridan. The witness said he had as they were "distracting her" as Mrs Sheridan was "focusing on them." Mr Sheridan then had DS Harkness read from the transcript of the interview where he advises the witness he has removed the rosary and asks "what religion are you Gail." adding "Gail I must ask you who has schooled you to focus on the wall, I have interviewed people under the terrorism act and that is a recognised PIRA [P rovisional IRA] technique, who'se training you." A question Mr Sheridan describes as "pure intimidation, nasty." DS Harkness answered that this technique of focussing on the wall or part of the table "was hard to do, so I asked her" Mr Sheridan put it to the witness that "because she is a catholic you accuse her if being PIRA" and called the question "bullying and shameful." Mr Sheridan then put it to DS Harkness that Mrs Sheridan's questioning had taken five hours. The witness said this was not unusual and that Mrs Sheridan had been "afforded breaks" and could have been held for six hours.
Mr Sheridan ended his cross examination by putting it to the witness that the investigation was "biased" to which DS Harkness responded "I strongly disagree." Mr Sheridan put it to the witness that while "Katrine Trolle got coffee and muffins my wife was denied her Rosary beads and called a terrorist" DS Harkness replied that he "reported the facts as we found them" and again said he "strongly disagreed" with Mr Sheridan's assertion that there was a "vendetta" against him. Mr Sheridan then ended his cross-examination and returned to the dock.
Alex Prentice QC, for the Crown, then briefly re-examined the witness. He first asked if DC Harkness had accused Gail Sheridan of being a terrorist. DC Harkness said he had not but stated she was "acting like terrorists act, focussing on a spot on the wall" and continued "that's hard to carry out for five hours," There was then a brief adjournment and when court reconvened Mr Prentice had DS Harkness go through the process of how the police reported to the Procurator Fiscal's office, drawing out the point that it was that office that decided on prosecutions not the police. With that the Advocate Depute ended the examination of the last prosecution witness in the case and asked for a five minute adjournment. This was granted and the court rose.