Smoke&Mirrors

How Barty Crouch Junior inadvertently saved Sirius Black’s life

Barty Crouch Senior was known as an incredibly strong politician as Head of the Department of Magical Law Enforcement during the First Wizarding War. Many said that he would “fight fire with fire” and if not crossing the line, would ride the line very close when battling the Death Eaters. 

This is why I found the sentencing he gave out to a lot of Voldemort’s followers, well, somewhat lenient. 

Now I’m not saying in an ideal modern, progressive society, that capital punishment is something that should be delivered to even the hardest of criminals, but from everything we know about the British wizarding world, it’s not really a progressive modern society is it? 

The justice system itself involves a, seemingly quite obviously inspired by Alcatraz style prison, which is manned by some of the foulest creatures that walk the earth, who literally get off on draining the happiness out of human live, almost serving as a living embodiment of live-ruining drugs like heroin. 

But there were two very glaring moments in the series where the justice system is really exposed for how non-progressive it is. 

In Harry’s third year when Sirius escapes Azkaban, towards the end of the book the implication is very much if Sirius was caught the Dementors would give him the Dementors Kiss and essentially all but kill him - I mean, they certainly gave it their best shot and would have succeeded without Harry’s interference. If Hermione and Harry hadn’t helped him escape, then on Fudge’s orders they would’ve done so again. 

This all seems a bit harsh really, considering when he was actually arrested and convicted of his crime all he got was a life sentence? 

Shouldn’t they just return him to prison? 

I’m guessing they were like worried he would escape again, maybe? 

Then, in Harry’s 4th year, when Barty Crouch Junior is apprehended, he is given the Dementor’s Kiss, when he also was only originally given a life sentence.

Shouldn’t they have just returned him to prison too? 

Or were they worried he would escape again, maybe? 

Maybe one of the conditions of going into Azkaban is that if you ever do escape, then you’re given a Dementor’s Kiss on sight if ever caught? 

But then, that doesn’t make sense either, as in Harry’s 5th year, after the Battle of Mysteries, we see the likes of Augustus Rookwood, Rabastan and Rodolphus Lestrange and Antonin Dolohov all caught, and sent back to Azkaban after escaping, and none of those guys get the Dementor’s Kiss? 

Well, regardless of the reasoning, we’ve established that the Dementor’s Kiss, which for all intensive purposes might as well be a death sentence, is a punishment that the Ministry, even 13-14 years into the post-war period, under a seemingly less aggressive Head of Department of Magical Law Enforcement in Amelia Bones, are more than happy to dish out without any real qualms or intense scrutiny over the morality of it, or at least Fudge doesn’t seem to care. 

So, the question then, given we have established the magical justice system at the time wasn’t progressive enough to be against it -  why did none of these criminals receive the Dementor’s Kiss or death by firing squad, consumption of a potion that will instantly kill them without any pain etc.

Given the crimes committed (at least allegedly) by Sirius Black, Antonin Dolohov, Rabastan, Rodolphus and Bellatrix Lestrange, surely a ruthless, strong-hold Head of Department of Magical Law Enforcement, during a post-war period, in the wizarding equivalent of the Nuremberg Trials, would want to give them the harshest possible sentence? 

Well, my argument is that, actually, he was going to. 

Yes, that’s right.

Antonin Dolohov and Sirius Black were originally supposed to be sentenced to the Dementor’s Kiss or face some kind of execution. 

I think Barty Crouch Senior being the career politician that he was, angling to eventually become Prime Minister, was waiting to sentence all of the worst criminals caught all at the same time. He would make headlines for weeks and appeal to hardliners looking for justice following an extremely bloody war.

But something went wrong. 

Belatrix, Rodolphus and Rabastan were arrested and caught having tortured Frank and Alice Longbottom to the point of insanity, a fate many considered to be worse than death. 

This in itself wouldn’t have been a huge problem for him, but for their fourth accomplice, his son, Barty Crouch Junior. 

Aside from the obvious political consequences of your son being involved in such a scandal, it was at this point that Barty Crouch’s bid for Prime Minister, even when he did eventually sentence and disown his son, was left in ruin - because, due to the love for his son, at least of his wife, meant that he couldn’t give Barty Junior, or any of his three accomplishes the ultimate sentence. 

Because he had waited to make such a show of it, this also meant that Antonin Dolohov, and Sirius Black, were also unable to be given the ultimate sentence, as politically speaking it would’ve been untenable to not give them both the same sentence he gave his son and the Lestrange trio. 

Barty still made a good show of the trial for his son, denouncing him as his son, giving him a life conviction, but the proper hard-liners in the government, the sort of people that he needed on his side to oust Fudge as PM, were now lost. 

The Squib

Featuring: Gawain Robards & Walden Macnair (with Harry Potter, Rhea Savage and Femi Wakanda)

Warnings: Swearing, Mature content

Link to full story on FF.net

Walden Macnair looked absolutely terrible. He was about as broken a man as a man could be. The Death Eater sat, if you could call what his broken back was allowing him to do sitting, in a hastily erected bean bag on the marble floor of the interrogation room.

The bean bag had been the only thing that Macnair had been able to sit in or on without screaming in agony for the best part of a week - and judging by the look on his face he was now about as broken mentally as he was physically.

An eager looking Gawain Robards sat opposite him in a fairly comfortable looking oak and leather chair. The Head of the Department of Magical Law Enforcement aimlessly fiddled with his quill as he studied the notes in the pieces of parchment on the table in-front of him.

Robards was the only one who was on the interrogation side of the chamber with Macnair. Harry, along with Rhea Savage and Femi Wakanda, the pair of whom had spent the most amount of time interrogating the Death Eater in the last fortnight, were behind the charm-field section on the other side of the room.

The charm-field, which Harry had discovered was a quintessential feature of almost all interrogation chambers, allowed for other Ministry agents to watch an interrogation without the suspect being able to see or hear their presence.

They were actually very reminiscent of the sort of glass-mirrored screens that Harry had once seen on old repeats of ‘The Bill’, a police-detective program which regularly aired on the muggle television. He had often watched that and another similar detective show called ‘A Touch of Frost’ on the few occasions that the Dursley’s had gone out for the day and left him to his own devices.

A common theme of those sorts of programmes was the “good cop, bad cop” routine, where one detective would aggressively interrogate the suspect, whilst the other would be somewhat kinder. Harry was not quite sure on the exact phycology of this method, but it seemed to work for the fictional police officers.

It was fairly safe to say that Gawain Robards liked to take an altogether different approach to his questioning.

His approach was less “good cop, bad cop” and more just plain old “bad cop, bad cop”.  

“I always thought you did lack a spine, Walden,” Robards said sarcastically. “Life imitating art I suppose,” he added with a smile, enjoying his own witty remark considerably more than anybody else watching on had seemed to.

Macnair said nothing. He merely glared at Robards with an intense look of fury and pain on his scarred and slightly wrinkled face.

“I’m sure that Savage and Wakanda have already informed you of the considerable case The Ministry has against you, Walden. The charges that landed you into Azkaban several years ago in the first place were not too pretty, but since then you broke out of prison, continuously colluded with The Dark Lord, played a crucial role in the illegal international transportation of many murderous giants and of course, most notably, are the prime suspect in the murder of Broderick Bode. Do you have anything to say in your defence?”

“No comment,” Macnair spat.

Robards grinned nonchalantly.

“As I have said, the charges levelled against you, much like the state of your back, are not pretty. However, any cooperation on your part that may lead to the arrest of one of your comrades will of course be heavily considered when you are sentenced.”

Macnair rolled his eyes in disgust.

“You want me to betray my friends like some kind of traitor…and for what? A couple of years shaved off of a life sentence?! I’m not fucking stupid, Gawain. I know that I don’t know enough to receive a get out of jail free card like some of the others might. Sure, I could sell out Selwyn to you, but you won’t drop all of the charges against me even if you did manage to make an arrest. I’d sooner take my chances on him and the others that got away doing some damage and breaking us all out of here.”

Robards sighed heavily.

“You really think that a handful of stragglers are gonna manage to do some damage to us and break you all out?!” he asked in an incredulous manner.

“I don’t see why not! You would be incredibly naïve to write them off,” Macnair snapped back defiantly. “Judging by how emotional your little bitch has been in the last few days… I expect they already have done some damage!”

Savage swore under her breath next to Harry, as Wakanda, who towered over the both of them in her leather heeled boots groaned.

“I warned you, Savage. I told you that you were emotionally compromised. You should have listened to me when I-

Savage loudly shushed Wakanda as Robards began to speak once more.

“You know, Macnair. I think you’re the one who is being incredibly naïve,” Robards said. “You talk about bargaining to get a couple of years off of your life sentence… I don’t recall saying anything about a life sentence. The act of murdering an unspeakable is a crime that has historically carried only one possible sentence… and it is not life, but death.”

Macnair eyed Robards with a slight sense of caution, but Harry observed that he did not truly yet seem to believe what Gawain was suggesting.

“You won’t execute any of us,” Macnair attested in an arrogant tone. “The Ministry hasn’t executed anyone in decades. Barty Crouch liked to make out that he was tough on crime at the end of the last war, but even that silly old shit never sentenced Dolohov, Black or the Lestranges to death… and they committed the worst crimes of all.”

Savage stole a glance at Harry when Macnair mentioned Sirius.

It had been just three days prior, on the same day that Hagrid had received a pardon of his own that Kingsley had also posthumously cleared Sirius of all charges against him.

Harry was very glad indeed that Barty Crouch had never sentenced Sirius to death, for if he had then Harry would’ve never even met his Godfather for the fleeting few years that he did.

Robards glared at Macnair with something between contempt and pity in his eyes.

“Do you know why Dolohov, Black and the Lestrange trio were never sentenced to death for their despicable crimes?” Robards asked in an irritated tone.

“Everyone knows why,” Macnair replied confidently. “Barty Crouch believed that a life-time of the Dementors was a much harsher sentence than a killing curse, although I guess he never banked on The Dark Lord returning to power and setting everyone free.”

Robards chuckled to himself and violently shook his head at Macnair.

“The only thing he never banked on was his son falling in with The Dark Lord. Allow me to let you in on an age-old Ministry secret, Macnair. Barty Crouch was full of shit. He never believed any of that bollocks about life sentences being the harshest sentence once could suffer, although I’m sure he said it enough times that even he might have believed it in the end.”

Robards rose to his feet and wandered over towards a fearful looking Macnair, who could do nothing but look up at the head of the Department for Magical Law Enforcement as he towered over him.

“Dolohov and Black were never meant to have life sentences. They were both in line for the death penalty – and they would’ve gotten it too, if Barty’s own bloody son hadn’t have winded up getting caught torturing the Longbottoms with the Lestranges. That left old Barty with quite the predicament. He couldn’t execute Dolohov, Black and the Lestranges but spare his son – the cries of bias would’ve finished his career. But he couldn’t execute his son either, as that would’ve finished his marriage. So we got the compromise option. It all worked out very well for The Dark Lord and his cronies, probably the only reason why you recruited the useless little fucker in the first place!”

Macnair said nothing. He re-positioned himself slightly, trying not to make eye contact with Robards and swearing under his breath in pain as he did so.

Harry trembled slightly at his new-found knowledge that Sirius may been sentenced to death if not for Barty Crouch Jr’s turn to the dark side. It was hardly a glowing endorsement of capital punishment.

“The mood of the public is one of finality, Macnair. They want some closure. They want some justice – and unlike Barty Crouch, as you well know, I do not have a child in the docks awaiting sentencing-

“You don’t have a child full-stop,” Macnair spat.

“Oh, Merlin,” Wakanda sighed under her breath, as Savage swore violently.

An enraged Gawain Robards instantly pelted the defenceless Macnair square in the head. The connection of his shoe to the Death Eater’s nose saw it break on impact, making a loud crunch and crack in the process.

Blood began to trickle down Macnair’s face and onto the cream coloured bean-bag, as he cried out in pain at the abrasive movement this had caused his injured neck and back.

Harry looked on in utter bewilderment at what had just happened, as Wakanda exhaled loudly.

Savage turned to him with a saddened look awash her pale face.

“Gawain’s daughter,” she whispered. “She… she died when she was only seven years old… dragon pox.”

Harry suddenly understood Robards’ extreme reaction and wondered if Macnair had known, judging by the look on Savage’s face he assumed that he probably had.

Robards began to pace frantically in-front of Macnair, as Wakanda eyed her boss with great caution and concern, perhaps fearing any further retaliation, although he seemed to have calmed down a little.

“You know actually Walden, I’m glad that you want to talk about family,” Robards said with an evil looking grin. “Savage and Wakanda took the liberty of informing me last week that you didn’t actually want to speak to or see any of your family at all. I must confess, given your reputation years ago at the Ministry as a devoted family man, I considered this development to be, well, strange.”

“Go fuck yourself,” Macnair replied, to which Robards grinned with glee.

“I’m sure you remember your wife used to be quite close to mine once upon a time, so naturally I felt given the circumstances it would be my duty of care to reach out to Cara and make sure-

“You shut your filthy mouth, Gawain! Don’t you dare talk to my fuckin-

Robards motioned to punt Macnair in the head once more, but he had only pretended, which nonetheless still caused Macnair significant pain as he had flinched when reacting to the expectant kick.

Macnair tried to spit at Robards, but due to his hunched posture he succeeded only in spitting on himself.

“Oh, but I did dare to talk to her, Walden!” Robards jibed. “And I’m very glad that I did. Cara was most forthcoming about the issues in your broken marriage… and it all seemed to stem back to one thing…

“Don’t you fucking-

“The Squib daughter of a Death Eater,” Gawain mocked triumphantly, as Macnair looked shattered at Robards having discovered this revelation.

Harry noticed that there was a different kind of pain on the Death Eater’s face at this divulgence though. It was not one of discomfort or anger, but rather, for the first time Harry saw vulnerability in Walden Macnair’s eyes.

“The way Cara tells it, most of the blame falls at your feet, Walden. She thinks that little Niamh was so embarrassed when her Father got sent to Azkaban for being a Death Eater that she started repressing her magical abilities, so much so that she never actually has shown any magical abilities.”

Macnair, defeated, said nothing at this point. Harry watched the blood trickle down the pathetic looking man’s nose. He was no longer even bothering to wipe it on the dirty sleeve of his jumper like he had been previously.

“What was your plan if You Know Who wasn’t defeated, Walden? Wouldn’t it look a bit suspicious when your daughter didn’t get a Hogwarts letter this year?” he asked, more rhetorically than literally.

Harry felt his boss was perhaps pushing too far now, but either Robards didn’t sense Macnair’s agony or did and was merely trying to use it to his advantage.

Gawain now retrieved a piece of parchment from his desk and unravelled it.

“Do you know what this is, Walden?” Robards grilled, as he flashed the piece of parchment in-front of the captive.

Macnair remained silent.

“I’ll tell you what this is… written by Dolores Umbridge no less… this… this is what The Ministry’s official policy on Squibs was under your exalted leader’s control… and I quote…” he began, taking an exaggerated deep breath, which seemed more for show than any sort of respiratory benefit.

“The Ministry of Magic defines a Squib as a person whom is born with the assumption of possessing magical blood, yet possesses either extremely limited magical abilities, or indeed, is entirely devoid of any magical ability whatsoever. The primary cause of the birthing of Squibs is believed to be caused by the Mother fornicating, whether wilfully or against her will, with either muggles or mud-bloods - it is also a possibility that the Father may have falsified their own family history, thereby concealing their un-pure blood from the pure-blood witch who birthed the defected child. Either of these crimes, whereby a deformity such as a Squib is created, are punishable to the guilty party only by the Dementor’s Kiss.”

Macnair did not look up at Robards, instead much preferring to look at the floor, perhaps in the desperate hope that it would open up and swallow him whole.

“Alternatively, in cases where Squibs have previously shown some kind of magical ability at a younger age, but have since lost the ability, it is believed that their magic was stolen from them. There are many mud-bloods that defy the conventions of logic and biology by possessing magical abilities without magical blood – and this fairly modern phenomenon is believed to be caused by the mud-blood stealing magic from magic-users, i.e – Squibs. It is thought that the most common method of magical theft is achieved through fornicating, but research has also shown that a muggle may achieve the theft of magic by stealing the blood of a witch or wizard. The crime of allowing a muggle to steal one’s magical blood, even if the muggle somehow achieved this by force, is a crime that is once again punishable only by the Dementor’s Kiss.”

Robards finished reading and discarded the parchment onto the floor in-front of Macnair.

“You’re clinging onto an ideology that would’ve seen your only child suffer a fate worse than death, Walden!” he shouted incredulously.

Macnair looked considerably defeated at this point, but did not seem to be rising to Robards’ bait.

“You refuse to sell-out Selwyn and Travers and Co, but would they have stood in your corner when The Dark Lord came to take Niamh away and give her to the Dementors?” Robards asked in a disgusted sounding tone.

Macnair tried his best to hide it, but he had become increasingly uncomfortable and significantly more distressed since Robards began talking about his estranged daughter. He had flinched momentarily at the mere mention of her name again. Harry was not sure if Robards, Savage or Wakanda had spotted it, but he certainly had.

Robards continued probing and taunting Macnair for a further fifteen minutes, but no matter what was said to him he failed to take the bait and showed absolutely no intention of co-operating.

The only time his eyes ever truly showed signs of fight or life where when Robards mentioned his daughter, but Harry supposed that there was nothing they had to tempt Macnair to sell-out Selwyn or any of the others.

Robards was offering Macnair the chance to avoid being sentenced to death and merely see out a life sentence instead, but the Death Eater had previously assumed he was seeing out a life sentence anyway, so this must have barely seemed like an upgrade to him – perhaps the prospect of a quick exit even somewhat appealed to him in his broken state.

What they really needed to get Macnair to talk was something to truly tempt him.

“He’s a lost cause,” Wakanda commented to Savage and Harry after Robards had been at him for another quarter of an hour after that.

“If he was going to talk then he would have by now. I thought the reminder of his daughter might push him to it, but it looks like the prospect of dying and never seeing her grow up isn’t even enough for the sicko.”

“He does care about her,” Savage quipped back in a knowing fashion. It seemed Harry had not been alone in noticing Macnair’s body language when his daughter was mentioned.

“But she’ll grow up to be a Squib,” the Head Auror continued. “She’ll be an outcast and he knows both his daughter and his wife will always blame him for it… maybe he’d rather die than live with himself knowing he caused that.”

“Perhaps,” Wakanda conceded in an irritated tone, as the three of them watched on as a slightly exasperated looking Robards continued to interrogate him. “But all the same… if he won’t talk, he won’t talk.”

“What if we gave him a reason to talk,” Harry said, as an incredibly bold idea suddenly popped into his head.

“I’m all ears, Potter,” Savage replied. “What would you suggest?” she asked, as Wakanda eyed Harry with a slight look of bewilderment.

“Well the thing that is upsetting him the most is that his daughter will grow up to be an outcast and hate him, right?”

“Right,” Wakanda and Savage replied almost in unison, surprising themselves in doing so.  

“What if she didn’t have to be an outcast?”

“But she’s a Squib… how could she not be an outcast?” Wakanda replied, not cottoning on to what Harry had been suggesting at all.

Savage eyed him very carefully, perhaps pondering what she thought he may be implying.

“But don’t you see?” Harry began. “That legislation that Robards read out earlier about Squibs. They weren’t treated that badly before Voldemort was in power…”

Harry paused briefly as Savage and especially Wakanda reacted wildly to Harry so openly and boldly using Voldemort’s name. He forgot that people reacted that way to it and he thought it seemed especially silly since he was now long dead.

“… but even in civilised wizarding society they seem to be largely outcasts,” Harry continued. “I think the one thing that would make Macnair talk and lead us to Selwyn and the others is if he knew by talking he could stop his daughter from becoming an outcast.”

“But again, Potter, what exactly are you proposing we do? Send an owl to Minerva McGonagall and ask her to send an acceptance letter to Macnair’s Squib daughter if he talks?!” Wakanda asked in a condescending manner.

Harry did not reply instantly, but Savage again eyed him up cautiously.

“I think that’s exactly what he’s proposing,” Rhea said carefully, as she appeared to begin to contemplate the idea.

Wakanda looked mortified.

“But - but you can’t be serious,” the mature witch began.  “The implications – the mere idea of a Squib attend-

“Robards said that her Mother believes she repressed her magical abilities,” Harry interrupted. “If she was put in an environment with other children and felt confident and accepted for who she was then she might even develop some magical abilities.”

“And if she didn’t?!” Wakanda interrogated.

Harry’s mind darted into action as he tried to think on his feet and justify his reasoning to the older witch.

“Well, you don’t use magic in every subject at Hogwarts,” he mustered. “Potions… Herbology, erm…

“Divination,” Savage added. “Astronomy and History of Magic too, I guess even Care of Magical Creatures and…

“Arithmancy and Ancient Runes… oh and Muggle Studies too,” Harry quickly interspersed.

“You can’t seriously be entertaining this idea, Rhea,” Wakanda mocked.

“Do you have any better ideas?!” she snapped back. “This is all hypothetical regardless. There’s no guarantee that Macnair would talk even if we offered this to him, but yes, I think it’s certainly an avenue worth exploring.”

Wakanda tutted and then sighed dismissively.

“Good luck selling this idea to Gawain,” she snickered.

“Gawain won’t be a problem,” Savage replied confidently. “It’s Minerva McGonagall that I’m worried about.”

Savage smiled and then suddenly slapped Harry on the back affectionately.