Chapter Text
TRIAL TRANSCRIPT OF DRACO LUCIUS MALFOY
DRACO LUCIUS MALFOY IS FORMALLY CHARGED WITH THE FOLLOWING:
CONSPIRACY TO COMMIT MURDER
AIDING AND ABETTING A MURDER
USE OF UNFORGIVABLE CURSES: IMPERIUS (2 COUNTS)
USE OF UNFORGIVABLE CURSES: CRUCIATUS (47 COUNTS)
PARTICIPATING IN A TERRORIST ORGANIZATION
THE TRIAL BEGINS 11 NOVEMBER 1998
CHIEF WARLOCK RAGNOR McBRIDE PRESIDING
HIGH INQUISITOR, AMOS DIGGORY
COURT SCRIBE, ISOLDE LELAND
11 November 1998 - 9:00h
CHIEF WARLOCK McBRIDE: Good morning, ladies and gentlemen of the Wizengamot, and to all of you bearing witness here today in the viewing area to the trial of accused Death Eater, Draco Lucius Malfoy. To begin, we shall have our High Inquisitor, Mr. Amos Diggory, state the case against the accused. Following, we shall hear testimony, either for or against as the case may be; after each testimony, there will be an allotted time for questions. I will then ask if there are any further questions for the witness, wait for the requisite minute of silence, and the declare that witness’ testimony concluded. These procedures, having been so read, are now in force.
Draco Lucius Malfoy, are you of sound mind to understand the charges that have been brought against you?
D. MALFOY: Yes, Chief Warlock.
CHIEF WARLOCK: Very good. High Inquisitor Diggory, you may begin.
HIGH INQUISITOR DIGGORY: On 30 June, 1997 the Draco Lucius Malfoy, a Marked Death Eater and student at Hogwarts School of Witchcraft and Wizardry let a group of Death Eaters into the hallowed halls of the wizarding world’s brightest light and safest sanctuary for our children. Aurors were killed in this attack, as was one of the greatest wizards of our time, Albus Dumbledore. Draco Malfoy did not cast the killing curse upon Dumbledore - no, he didn’t have the nerve. But he did have the opportunity, the time to orchestrate the event which would lead to his death. He did hold him at wand point so that when the Death Eaters made it up the stairs to the Astronomy Tower, Severus Snape had to fulfill his role as spy and kill the great Headmaster. These are the facts of that night, that Draco Malfoy both conspired to murder and aided and abetted the murder of Albus Dumbledore.
In the midst of this grand plan, Draco Malfoy put Madame Rosmerta Martin under the imprius curse; at Mr. Malfoy’s behest, she also put Hogwarts student Katie Bell under the imperius curse. There are the two counts of the imperius with which Mr. Malfoy is charged. While it is not a separate charge, please note Mr. Malfoy also endangered the lives of Katie Bell and fellow classmate Ronald Weasley in his attempts on the life of Albus Dumbledore.
After this horrific night, Mr. Malfoy returned to Hogwarts as Head Boy under the new Headmaster Severus Snape and the influence of Amycus and Alecto Carrow. In this position, he was responsible for several uses of the cruciatus curse - that’s right, ladies and gentlemen, he tortured his peers and students as young as eleven years old. He also used the cruciatus curse against prisoners kept in his home, including renowned wandmaker Mr. Garrick Ollivander.
Finally, Mr. Malfoy is Marked - indeed, the youngest Marked Death Eater there’s ever been. He actively participated in a known terrorist organization, one that he was so eager to join he did so as soon as it was possible.
Mr. Malfoy was and is a devoted Death Eater, who set in motion the events and circumstances for the murder of Albus Dumbledore. He may not have cast the Avada himself, but he caused the great wizard’s death as surely as if he had done. He used the imperius and cruciatus curses often in his service to his precious Dark Lord. He is an example of all that is wrong, all that was twisted about our world. These are the facts of the case.
Thank you.
CHIEF WARLOCK McBRIDE: Thank you Inquisitor Diggory for your presentation. We shall now continue with the bringing forward of witnesses. Escorting Auror, please escort the first witness to the stand.
[Escorting Auror O. BEAUCHAMP escorts the witness.]
CHIEF WARLOCK McBRIDE: Please state your name and profession and your relationship to the defendant for the court.”
WITNESS: I am Minerva McGonagall. I am now Headmistress of Hogwarts School of Witchcraft and Wizardry. I was Draco Malfoy’s Professor of Transfiguration for the past seven years.
CHIEF WARLOCK McBRIDE: Very good. A reminder to the Wizengamot members here present that first the good professor is to offer her testimony, followed by a period of questions. You may begin your testimony, Headmistress.
McGONAGALL: I was Draco Malfoy’s Professor of Transfiguration for seven years; in all that time he was a bright and lively student and he performed near the top of his class. Mr. Malfoy’s sixth year marked a sharp divergence from his previous behavior. Instead of a studious, hardworking student in my class he often skipped lessons or fell asleep during them. His previously impeccable essays and assignments were turned in half-finished or not at all. Additionally, Mr. Malfoy grew thin throughout this year, thinner than a young man going through growth spurts should be, and began looking rather haggard. I began to worry for him, and asked him every so often if everything was quite alright, and if I could help in any way. During one such conversation, Mr. Malfoy looked me in the eye and said ‘I wish you could, Professor. But thank you,’ and walked away. I had the distinct impression of losing him, like he was slippingn through my fingers, and yet I could find no cause or way to assist without him telling me.
During that time, Mr. Malfoy’s sixth year, he was, we now know, given a task for the Dark Wizard known as Voldemort. I believe Mr. Malfoy’s physical and academic deterioration indicate that he was disturbed by what he had to do.
I also served as his Professor of Transfiguration during Mr. Malfoy’s seventh year, under the Carrows’ reign of terror. Though he was the only Marked student in the school, Mr. Malfoy was among the most reluctant from Slytherin House to perform the cruciatus curse when asked. He typically would assign other sorts of detentions as Head Boy. I witnessed him on multiple occasions, when he did not know I was there, tell a student to hurry off or duck in an alcove to avoid detection by the Carrows.
Having so witnessed his behavior over these two years, it is my belief as his teacher that Mr. Malfoy was not an enthusiastic participant in the crimes which this court has enumerated. He avoided the evil demanded of him when possible and only performed when he could find no way out. I believe he has a future and much to contribute to our society if allowed the opportunity to rehabilitate and grow from this tragic war. Thank you.
HIGH INQUISITOR DIGGORY: Headmistress McGonnagal, you yourself said the defendant did not confide in you, is that correct?
McGONNAGAL: Yes.
HIGH INQUISITOR DIGGORY: So you are merely guessing at the motives behind Mr. Malfoy’s actions?
McGONNAGAL: I am creating an informed hypothesis based on Mr. Malfoy’s observed behavior.
HIGH INQUISITOR DIGGORY: But still a hypothesis. You don’t know.
McGONNAGAL: Technically, no.
HIGH INQUISITOR DIGGORY: Could not Mr. Malfoy’s physical deterioration have been due to the stress of performing such a large feat? After all, access to Hogwarts circumventing the wards was unheard of, nearly unthinkable, until Mr. Malfoy’s actions.
McGONNAGAL: I do not believe that is the conclusion an unbiased observer would draw from his observed behavior.
HIGH INQUISITOR DIGGORY: But is it possible?
McGONNAGAL: Technically.
HIGH INQUISITOR DIGGORY: Thank you, Headmistress.
CHIEF WARLOCK McBRIDE: Are there any more questions for the Headmistress?
[The requisite minute of silence is observed.]
CHIEF WARLOCK McBRIDE: Hearing none, that will conclude your testimony, thank you Headmistress McGonnagal.
--
Hermione Granger drummed her fingers against her arm as she paced back and forth.
“Well, that didn’t go very well,” she finally said and a soft scoff answered her.
“No, Granger, it didn’t,” he murmured softly. She frowned at the exhaustion she heard in his voice and turned to face him.
Draco Malfoy was chained to the table, treated like a criminal despite the fact he had not yet been convicted. His lank and dirty blond hair was falling forward from where it had been tucked behind his ear; it was longer now, months after the Battle at Hogwarts, nearing his chin.
Hermione sighed and moved to sit across from him. “It’s absolutely absurd there isn’t proper counsel at these things. Honestly, if I had been able to control the questions…”
Malfoy smirked, but it wasn’t malicious. It was almost friendly.
“I know. I suppose the muggle world is more advanced in some ways,” he mused, his voice still so soft and Hermione’s eyes widened. Though she clearly knew he regretted his part in the war and his views were tolerant enough to accept her help and even be friendly with her, such a statement from Draco Malfoy was...exceptional.
His lips twitched upward again, like a smile was too much effort but he was still amused by her disbelief. She almost smiled back then frowned at him.
“Are you sleeping?” she asked, matching his volume and he closed his eyes for a moment.
“I’m getting by, Granger. Don’t worry about me,” he sighed.
‘Getting by’ involved deep, dark circles under his eyes and a too thin frame with his prison robes hanging off him. His lips were chapped and his chin was stubbled. Draco Malfoy had been thoroughly humbled, yet despite what a younger Hermione might have expected, she did not delight in it.
She absolutely hated it.
“Too late,” she replied and his weary grey eyes met hers.
“Yes, I suppose it is,” he breathed, with a hint of wonder.
--
June 5, 1998
Malfoy,
Despite the fact it is the twentieth century and their policies are positively medieval, the Wizengamot is refusing to consider proper counsel and defense for marked Death Eaters. I find that horrific, frankly. So, if you consent, I would like to offer to organize an effort somewhat adjacent to what one might call proper defense representation.
Also, I’m aware that your circumstances are far from what one may call ‘happy’ but, well...happy birthday, Malfoy. It’s rather amazing any of our class is around to have them at all.
Sincerely,
HJG
--
7 June 1998
Granger,
Why?
DM
--
8 June 1998
Malfoy,
What do you mean why? Why what?
HJG
--
9 June 1998
Granger,
Why would you help me and why in Merlin’s name would you wish me a happy birthday? After everything?
DM
--
12 June 1998
Malfoy,
I’m sorry for the delay, but you asked me a question and I have been trying to figure out how to answer.
The short version? I saw Lavender Brown’s mangled body. Colin Creevey’s corpse. Fred’s. Asanda Mbele - she was a Hufflepuff, did you know her? And some I couldn’t recognize, but were wearing their uniforms. And, of course, we both saw Crabbe consumed by the flames.
The point, Malfoy, is I don’t want to lose another classmate. Regardless of our history, regardless of our sides in the war. You may not be my favorite person but you are mine in that you are part of my memories, part of my class in school, part of my story even if you were the antagonist. And I refuse to lose anyone else.
And I’m damned glad you got to have a birthday.
HJG
--
14 June 1998
Granger,
Okay.
DM
--
15 June 1998
Excellent. Now, is there anyone who doesn’t hate you you weren’t an arse to who might testify in your favour?
HJG
--
17 June 1998
Granger,
Of course not. Horrific Death Eater, remember?
DM
--
19 June 1998
Malfoy,
Not helpful. Work with me here, have you assisted the Light in any way?
HJG
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