Malfoy trial

I am writing this because I always thought it would be interesting to see how the Wizarding World would deal with the accused death eaters, who had terrorised the country, muggle, and magic, for decades to come. Frankly, I am disinclined to believe that a high-ranking death eater like Lucius Malfoy could get off for free after the war – even though he did not participate in the battle of Hogwarts. The damning evidence, his past etc… are still there and the wizarding world suffered because of his deeds.
I am also writing a fic because it is maddening to see all the Drarry (why would Harry turn gay for the guy who bullied him, supported the other side during the war, actively fighting him) and Dramione (why would Hermione go for the criminal who supported the madmen who would have exterminated muggleborns like her) fics.

So, here I will try to find a satisfactory solution to the conundrum that is the aftermath of the war.

23th June 1998

It was not any Tuesday that reporters, witnesses, interested members of the public and almost half of all law enforcement convened together in courtroom 10 of the Ministry of Magic. It was the day of the Malfoy trial, the allegedly highest-ranking surviving death eaters in the service of Lord Voldemort. In a further sense, it was also the trial of a man who had tried hard to become one, if not the most influential players in the Wizarding World. It was also a trial and evidence gathering against the Ministry of Magic, now lead by Kingsley Shacklebolt, which had for too long ignored the signs and portents and instead thrived on the corruption spread by people like Malfoy. It was widely expected that Malfoy Sr. would be proven guilty of bribery – with consequences for many ministerial staff, including former Minister Cornelius Fudge and other officials.
No wonder that reporters from various newspapers, magazines and the radio stations were all present – the radio station even broadcasted a live recording of the trial, which was expected to last two days, in the face of the massive evidence gathered against Mr. Malfoy Sr. and Mr. Malfoy Jr. Mrs Malfoy was widely expected to receive a lenient sentence, if any at all.

The courtroom was buzzing like a bee stock. Every single seat was occupied and then some. The Wizengamot was gathered already, all 45 members of it, for five members had died during the reign of Voldemort who did not bother naming successors. In the stands, such illustrious names as Prof. McGonagall, Flitwick and Slughorn were present. Many surviving members of the DA were in attendance as well. Neville Longbottom, Hannah Abbot, Susan Bones and Seamus Finnegan were seated next to each other. Angelina Johnson, Katie Bell, and Oliver Wood (although not a member) occupied a row behind them. Almost all surviving members of the Order of the Phoenix were present as well, except Molly Weasley who took the loss of Fred Weasley especially hard. But Arthur was present, and a mix of sadness and anger was on his face as he looked down on the family that had worked so hard against them. Most attention however was placed on the Golden Trio as the media, to their annoyance, had taken to call Harry Potter, Ron Weasley and Hermione Granger. The grudge between the accused and them was well known and it was expected for Harry Potter to be in the witness stands as he had been for most of the other trials (including the trial for Yaxley and Selwyn).

The Malfoy family was already seated in front of the Wizengamot. They looked haggard and not at all like the proud and strong family they had been three years before in the summer of 1995, sure that they were on the right side of victory. Mr Malfoy had lost a lot of weight over the past years – his stint in Azkaban at the hand of the dementors (not all of them left, quite many continued to feast on the prisoners on the accursed island) had left visible marks. His eyes were sunken in, the proud sneer and aloof aura were non-existent. He looked like he had aged 50 years. Nobody felt particularly sorry. It was after all pretty much a done deal how his trial would conclude in the face of the events of the past years. Narcissa Malfoy looked thinner as well, but she held herself high, not proud but in control of her emotions. Next to her between both his parents Draco Malfoy was seated. Like his parents his face showed the stress of the past couple of years.

Their solicitor, a man known as Albert Selwyn, was seated next to them. A small man who seemed quite unpleased with this court case. Nobody likes to defend a losing team and, in his opinion, well, in everyone's really, the Chudley Cannons would win the league before the Malfoys would walk.

"Please rise for the Minister of Magic", announced a court aid and the entire courtroom rose for Minister Shacklebolt, who would preside over the trial. As he said the courtroom took a seat as well.

"Trial of the 23rd of June 1998, Malfoy vs Ministry of Magic", Minister Shacklebolt started,
"conducted and officiated by Minister of Magic Kingsley Shacklebolt. The accused, Mr Lucius Malfoy, 44 years of age. Narcissa Malfoy, nee Black, 43 years of age. Draco Lucius Malfoy, 18 years of age.
Prosecutor Lewis Williamson. Court scribe Percival Ignatius Weasley. Defender Albert Selwyn.

"Thank you, Minister,", the court room was silent as Williamson, the prosecutor in this case began to list the accusations against the Malfoy family. "We will start with the prosecution of the elder Mr Malfoy for we think that he is the biggest threat to society here and that this warrants a speedy and just trial before we can continue with Mrs Malfoy and Mr Malfoy the younger.
The prosecution charges Mr Lucius Malfoy with the following crimes and misdemeanours. That he conspired out of his free will, freely and knowingly about the illegality of his actions to overthrow the lawful order of Magical Britain and Ireland by force, conspiring and aiding in the formation of a criminal terrorist group known as Death Eaters. The prosecution charges him for accessory and aiding to murder in his membership and support of said terrorist group now hereby referred to by as Death Eaters, in the exemplary cases but not limited to the murders of Lily Potter, James Potter, the McKinnon Family, Fabian Prewett, Gideon Prewett, Florean Fortescue, Edgar Bones, Caradoc Dearborn, Amelia Bones, Emmeline Vance and continuing.
The prosecution charges Mr Malfoy with hiding convicted fugitives on his property, namely but not restricted to members of the death eaters including Lord Voldemort, Bellatrix Lestrange, Rodolphus Lestrange, Rabastan Lestrange, Antonin Dolohov and Fenrir Greyback, fully understanding the illegality of his actions and the repercussions this brought to the people, magical and non-magical of Great Britain. Charges are also levelled against Lucius Malfoy for kidnapping and unlawful incarceration several individuals on his own property, including but not restricted to Luna Lovegood, Gawin Ollivander, Dean Thomas, Griphook the Goblin, Harry James Potter, Ronald Bilius Weasley and Hermione Jean Granger. That he knowingly had partaken in the final battle of the war at Hogwarts to further aid the unlawful order of the British Isles.
The prosecution also charges him on breaking and entering the ministry of magic high security wing to steal an object of considerable worth. We also charge him for the escape from Azkaban prison in summer 1997.
The court room was silent. These charges were extensive, common knowledge and in many ways not refutable. There was countless evidence against him. Malfoy Senior could not hope to walk. The only question was how long he would be sentenced to.

"Mr. Malfoy, do you understand these accusations levelled by the prosecution against you"? Shacklebolt asked with a forced even voice. "I do your honour", Lucius Malfoy replied quietly. "How do you plead". "The defence will not plead guilty to the accusations of accessory to murder, kidnapping, and fighting at Hogwarts" Albert Selwyn quickly interluded.

"The court recognises Mr Malfoy's plea of guilty to membership in a criminal organisation and breaking and entering and his plea of innocence in the accusations for accessory to murder, kidnapping and corruption. We will now begin to call witnesses to the stands. The prosecution will begin with the interrogation of the witnesses that have been provided. After the prosecution is done you may ask the witnesses your own questions."

"The prosecution first calls Mr Arthur Weasley into the stand".

Mr Weasley stood up and walked calmy to the interrogation chair that was placed a few feet away from the defence. He looked tired of this whole affair and the whole circus that was the rebuilding of government, the loss of family (blood and chosen) and the trials where countless colleagues, acquaintances and in a few cases even friends had been charged and prosecuted for the crimes under Voldemort's reign of terror. But he sat upright with a straight back and with an unreadable expression on his face.

"Mr Weasley. You have been called into this trial to give your testimony today. Do you understand that false testimony, perjury, is a crime under the criminal code section 12, punishable by two years in Azkaban?" "I do", Mr Weasley replied evenly. "Then please swear the oath". "I, Arthur Weasley, do solemnly swear that the evidence I shall give will be the truth, and nothing but the truth".
"The Witness is now sworn to truth and ready to give his testimony". "We shall begin, Mr Williamson" Kingsley Shacklebolt said.

"How do you know Mr Malfoy, Mr Weasley?"

"I first met Lucius Malfoy on the evening of the beginning of my first year at Hogwarts. He and I were in the same year, although unsurprisingly we were in different houses. He was sorted into Slytherin whilst I went to Gryffindor. We hadn't had much in common except some far-flung relatives and the blood status. Something I never cared about but he placed great importance on. He first tried to gain my friendship on the account of mutual purebloodedness and membership in the list of the sacred 28. When I did not take his offer of friendship and denied, what I do to this day, his bigoted opinions on blood status, any mutual understanding of peaceful coexistence was done. And from that day Lucius and I had a fierce rivalry, which, while never physically and magically contested, continues to this day."

"You have been named as a witness of the prosecution. Tell us what you know about Lucius Malfoy and his activities during the war, both this one and the previous one".

"I cannot say much about his activities in the first war, albeit I can answer your question about the second one. With six small children and a seventh on the way I simply could not take part in the resistance the same way I did this time."

"We understand, please continue with your testimony".

"The second war starts at the time when Harry Potter was transported to the cemetery at Little Hangleton where Lord Voldemort started his resurrection process. According to Harry Potter, Lucius Malfoy apparated shortly after Lord Voldemort called his death eaters back to him. I was not part and have no eyewitness testimony to give but can only repeat what I heard of Albus Dumbledore and Harry Potter, but it nonetheless fits the man to return to Lord Voldemort once he was back."

"Objection, the witness isn't an eyewitness or otherwise connected to the allegations he made. The testimony of his should be invalidated."

"Granted; on the counts of non-direct experience with the accusations." Kingsley interceded. "Mr Weasley, if you could restrict your testimony to events, you definitely witnessed and know about".

"I understand Minister. I thought it was prudent to mention this. I can continue if you like". Shacklebolt waved his hand. "Um, the next year was, as you know, rather quiet in the beginning. There was no stray activity. But I did see Mr Malfoy repeatedly in these corridors and around the entrance to the Department of Mysteries. As you know, these areas are out of bounds for most employees and out of bounds for anyone from the wider public. Mr Malfoy never worked in the Ministry and had therefore no right to access either area unless in matters that concerned him or his family. I have written an interdiction to the security staff. It should be in the archive."

"I understand that you filed it?" "Yes, your honour, I did. On the 12th of August 1995 I filed it in the afternoon. It was the date of Mr Potter's trial for alleged abuse of magic and breaking of the decree on underage magic and breaking the statute of secrecy. I filed it but never received a follow-up as it would be prudent. I saw Mr Malfoy repeatedly heading for the area during the entire rest of the year."

Mr Williamson was silent for a minute. Then he turned to a court aid. "Mr MacLeod, would you please go to the archive and fetch a document filed for security breach on August 12th, 1995, allegation against Malfoy?" The court aid nodded and quickly left the courtroom on the way to the archive.

"Mr Weasley, we will continue our interrogation now while we are waiting for the court aid to return".

"Objection", Mr Selwyn interceded. "Whilst Mr Malfoy may or may not have been present in these areas, these are hardly criminal and would in normal times not warrant a full investigation, especially not a conviction for prison".

"Objection denied", Kingsley's calm but strong voice sounded again. "The wizard in question is accused of grave crimes against the people and organisation of the country. Establishing his actions and moves, especially when concerning the Ministry of Magic and alleged security breaches, are a key point in determining his innocence or guilt. You may continue with your interrogation Mr Williamson".

"Yes, your honour", Williamson turned to Mr Weasley again, "please continue Mr Weasley."
"Thank you, Mr Williamson. There were numerous other small incidences, and while not criminal per se I would nonetheless mention them. As you may know, I was a member of the Order of the Phoenix during the war. One of the key questions we asked ourselves was just how much influence Mr Malfoy had. Mr Malfoy went often towards former Minister Fudge's office. At least once a week during the last phases of his term. I once tailed Mr Malfoy during one of those visits. Mr Malfoy spoke in metaphors about favours and support to Minister Fudge. Nothing tangible but we from the order suspect that he was bribing the minister and lend him his advice."

"Objection, favours and support are common terms used by backdoor politicians".

"Minister, I object to the objection, the accused is also on trial for allegations of corruption of high ministerial officials"

"Objection denied Mr Selwyn. Mr Weasley, I will let your testimony stand for now, but I would ask you to bring tangible evidence about this. Please continue Mr Weasley".

"Yes Minister. I must admit I was not present when Mr Malfoy was captured followed the battle inside the department of mysteries, but that charge is still applicable. I however housed several of the victims of torture and forced incarceration at his properties and can give you a testimony about this."

"Please do".

"Garrick Ollivander came to my wife's aunt Muriel, where we stayed under a Fidelius charm, fearing persecution under the ministry and the death eaters under Lord Voldemort. Ollivander spoke of a violent abduction; Mr Malfoy was present during this. He spoke of prolonged incarceration in the cells under Malfoy Manor and mentioned that prior to some point in summer 1997 Mr Malfoy used the Cruciatus curse against him on at least two occasions. He bore extensive marks of someone imprisoned. He was very pale, with sunken eyes and could hardly walk. We had to give him a special diet because he could not eat the heavy food my wife prepared. He had to eat soup for weeks."

"Objection, the witness did not witness what happened at Malfoy Manor".

"Objection. Mr Ollivander could not be present at this trial but has provided written evidence about his experiences. These were verified by the persecution upon a visit to the home of Mr Ollivander, who was too frail and emotionally scarred to attend the trial today."

Both sides turned to Kingsley. "I will deny the objection. I spoke at length with Garrick Ollivander myself and Mr Weasley's testimony fits his. Please continue Mr Weasley".

"I don't have much more to say. I did see Mr Malfoy during the battle although not up close until the very end when the fighting had already stopped. He stood down without resistance and allowed himself to be taken to the ministry holding cells. I could not recall victims he caused".

"Are you done with your testimony Mr Weasley" "I am, although I just want to reiterate one more point. Check for the mark on his left lower arm. Severus Snape always maintained that only a trusted follower who willingly came to Voldemort would receive the mark. We have had many of the snatchers like Scabiour who were already tried and found guilty of their crimes without them. Madam Rosmerta, a victim of the Imperius course had no mark."
"Defence, do you have any question towards the witness?"

"No, your honour, we don't have any questions at this point."

"Mr Weasley, you may take your seat in the court again.

Mr Weasley quickly left the stand. Lucius Malfoy didn't look up once. He had his eyes firmly to the piece of parchment in front of him, refusing to look into anyone's face.

The court aid returned to the courtroom. He held a document in his hand. "Minister, this is the document I was send to collect". Minister Shacklebolt thanked him and showed it to the prosecution. "The document confirms the incidence of the 12th of August 1995. It shows a report by Mr Weasley, who has spotted Mr Lucius Malfoy in a security area where he does not belong to, nor have any reason to be there. The evidence is accepted by the court".

"Objection, while the defence does not deny Mr Malfoy's presence in this area, this is hardly a serious criminal act, and the charge should be dismissed immediately". "Objection, the evidence is valid because it shows Mr Malfoys clear violation of rules and the passivity to a security breach like this cannot be understood as a mere lapse of judgement, by the security office of the ministry of magic."

The trial continued. Half a dozen of wizards made their testimony. Luna Lovegood gave an especially damning one. She was one of the incarcerated people in Malfoy Manor, an eyewitness to the department of mysteries and could attest to see him during the fight at the battle of Hogwarts. Three of the major charges. The defence tried to attack her credibility but with Dean Thomas backing her experience in Malfoy Manor up and with an offer from Dean to take Veritaserum to verify the claims made Selwyn backtracked.

It really did not look good.

"The chair recognises Harry Potter as a witness". If the murmurs and chats have been high already after the previous testimony, the beehive exploded into noise. People actually stood up to see Harry Potter take to the witness stand. He did not give on look to the Malfoys as he moved towards the chair. He seemed uncomfortable with all the attention but not once did his steps falter and once he sat down a wave of calmness was visible on his face. He had been a very public voice for fair trials for everyone. The story of Sirius Black and his unlawful imprisonment was now widely known, and he campaigned hard for a fair and free trial for everyone. That didn't mean he would support forgiveness though. His testimonies were fair, but they were the truth, not embellished or censored.

"Mr Potter, are you ready to swear the oath?" I, Harry James Potter do solemnly swear that the evidence I give will be the truth, the whole truth and nothing but the truth". "Mr Potter, how do you know Mr Lucius Malfoy?"
Harry, for the first time, looked at Lucius Malfoy. "I first met Mr Malfoy in Diagon Alley, at Flourish & Blotts, when I went to buy my schoolbooks for the second year. He interrupted a fight between his son Draco and me. I immediately disliked him. He was insulting to everyone around him and especially to Mr Weasley and Hermione Granger and her parents, who were present at that time. I did not meet with him again until the end of the second year when he came to confront Dumbledore, who was instated again as the headmaster. Apparently, Dumbledore received a lot of owls with words of apology and claims of threats against their families if they did not follow Mr Malfoy's directions… Unfortunately, I have never seen one of those letters and I have no prove. I can only relay Professor Dumbledore's words. For the next year I did not meet with him. I saw him briefly at the Quidditch world cup."

"Mr Potter, did you ever see Lucius Malfoy perform an illegal activity?"
"I did. The third task in the Triwizard tournament. The pokal was a portkey. It transported me to Little Hangleton where a dark ritual was performed by Peter Pettigrew to resurrect Tom. It succeeded. Tom immediately called his followers to his side. I recognised Lucius Malfoy under the mask. His voice. I have heard him on those previously mentioned occasions and could immediately recognise it. He came willingly within minutes in full garb. The rest of the story is known, I duelled Tom and managed to escape."

"Can you please elaborate further on Mr Malfoy and this reunion?" "Of course. Tom addressed him directly. Called him Lucius to his face. Mr Malfoy made repeated claims of loyalty. About waiting for him to show up again to be ready to serve. Tom was not happy about it, but he let him be for now. He demanded better service and he promised. He wanted to use Malfoys connections to the ministry, talking about gold in the ministry's pockets." "So, he returned voluntarily?" "Yes, he did. Some people, like Igor Karkaroff did not attend. Tom didn't force it. One had to come on their own volition. I can't claim to know whether he was pleased but he came back and announced his intention to serve."

The murmurs were almost deafening now, and outrage mixed into it. Most Wizengamot members looked at Lucius with an expression of disgust and a few with a mix of shame and sadness. But the trial was not yet concluded, and Mr Williamson did continue with his interrogation of Harry Potter.

"You were present at the ministry of magic during the summer of 1996? In the department of mysteries?" "I think it is common knowledge I was. Luna Lovegood, Neville Longbottom, Ginny and Ron Weasley and Hermione Granger all accompanied me. When we arrived at the hall of prophecies we were intercepted by Lucius Malfoy and a group of twelve other death eaters. I immediately recognised him. Voice and his hair. He had removed his mask. So did Bellatrix Lestrange next to him. She looked different than on those posters, but it was her all the same." "What did he want?" "He wanted me to take a prophecy concerning me and Tom." At this the previously quiet chamber erupted in curiosity – it had never been fully established what the prophecy actually said to the public and the curiosity had not abated, nor would it ever truly do. "I won't mention what the prophecy is about", Harry calmly but with a definite edge spoke," but know that I could not pass it to him. He would have given this knowledge to Tom. I could not let that happen.
We began to fight our way out. I won't go into details now, but he did not fight to kill. Dumbledore arrived and incarcerated everyone but Bellatrix and Tom, who arrived later, and they duelled to a draw. Tom fled with Bellatrix, the other death eaters were arrested, tried, and sentenced. That was the last time I saw him right until Malfoy Manor. He was gleeful when he thought he had us in his house as prisoners, even though he did not take us. He did not have a wand. He wanted to call Tom immediately, knowing fully well that this would be our death. We were separated from Hermione who was viciously tortured by Bellatrix. Malfoy stood by. In the dungeons we found Luna Lovegood, Dean Thomas, Garrick Ollivander, and Griphook the Goblin. We managed to escape and fled. A few weeks later and we battled at Hogwarts. I did not see Mr Malfoy until to the very end."

"Prosecution, do you have anymore questions?" "No Minister, I am done for the moment."

"Defence, you may begin your own interrogation of Mr Potter if you want to". Selwyn straightened up and began to talk, "thank you, Minister. Mr Potter, you allege that you saw Mr Malfoy on the evening of the 24th of June in company with the now deceased Lord Voldemort. Do you have any proof that it was indeed Lucius Malfoy you saw? You are the only witness to your observations".

"I was indeed alone if you exclude a number of death eaters present. I would consent to questioning under Veritaserum to validate my testimony if you want."

"That won't be necessary. Moving on, you say my client did not seem to want to kill in the ministry. Could you please elaborate on this?"

"Malfoy did not cast life-threatening hexes." "My client told me that he gave you an offer repeatedly. Drop the resistance, hand over the prophecy and nobody would be hurt."

Harry was silent for a moment. He was definitely not happy when he had to confirm this. "He did give us the offer". "Mr Potter, why did you not take him up on this offer? This would have been the safer way". "How can I trust a death eater? He had Bellatrix with him, by Merlin's pants. She cast the Cruciatus on Neville later and he just stood by!" Harry grew louder quickly.

The court room was silent. It was Kingsley who spoke next. "Mr Selwyn, does the defence have anymore questions?" "Not at this time, your honour."

Harry quickly left the chair. The attention of the assembly was now focused on Kingsley Shacklebolt again.

"The court will now give the accused a chance of a personal statement".

Lucius Malfoy stood. The hall was silent. "I have only this to say. I did not want it to escalate the way it did." He sat down again.

"The prosecution will now make their case to the court".

Williamson stood up and walked to the middle of the room, facing the Wizengamot and the assembled crowd simultaneously.

"What we have heard now over the past hours is a story of how an upstanding member of society could fall so deep. Mr Malfoy willingly chose to join the ranks of Death Eaters. While during the first war this could have been passed on as a mistake done in youthful rashness, the accused gained another chance and threw it away when he, as an aged man, rejoined the death eaters on his free volition, knowing fully well what this would mean for wizarding society. The accused aided the organisation with housing and monetary aid. He hid escaped criminals for the better part of years at his own property, willingly so, impeding the work of law enforcement. He was caught red-handed in the company of 12 death eaters in a high security wing of the Ministry of Magic. Lucius Malfoy was arrested and tried for this and still has to serve terms of his first original sentence, breaking out of prison during his sentence. We have ample evidence that show how he housed the leader of the death eaters, Lord Voldemort, and how he incarcerated innocent free citizens of Britain on his property, where they were subject to torture and violence. We have testimony from Fleur Weasley that attest to the bad state of health for all those rescued from Malfoy Manor, showing signs of exposure to the Cruciatus Curse. He was ready to sacrifice innocent people to regain favour with Lord Voldemort and he joined him on the day of the final Battle of Hogwarts.
The prosecution therefore files for following sentences. For joining, not once but twice, a group that wanted to overthrow the magical order of Britain, we demand a sentence of 20 years. For accessory to torture on several cases too numerous to list them all, we demand a sentence of 15 years. For accessory to murder we demand a sentence of 20 years. For harbouring fugitives and aiding their evasion from law enforcement, we demand a sentence of 10 years. For kidnapping and incarceration, we demand a sentence of no less than six years. For breaking and entering a high security wing with intent to steal a valuable object, five years. For breaking out of prison, we demand a sentence of two years. We also demand that Mr Malfoy may spend the rest of his life wandless, as he has shown himself that he is uncapable to responsibly wield magic. For emotional and physical damages that his actions have caused, we demand a sentence of no less than 5000 galleons to be paid forward into the compensation fund the ministry has set up, to pay for the reconstruction of Hogwarts and treatment of the victims of Lord Voldemort regime."

There was a smattering of applause and support for the prosecution once Williamson finished his case. The Malfoys grew even paler, and their shoulders sagged forward. If the court would follow through with the demands of the prosecution, Lucius Malfoy would spend at least 78 years inside prison and then wandless for the rest of his life. He would be an old man at the time of his release.
The money was not the issue, it would be a large cut but they would still be adequately wealthy.

Now Selwyn stood and took Williamson's position.

"My client has admitted to grave mistakes that he committed. He accepts that he is guilty to join the organisation now known as death eaters when he was barely out of school. The service in the ranks of death eaters is for life. My client was worried over his fate – desertion was a death sentence, as the case of Igor Karkaroff can attest to. He returned, out of fear that he would be killed if he would not. He harboured fugitives, some of them his relatives by blood or marriage. One cannot ask a man to betray family. He gave Mr Potter repeated chances to stand down, to not risk a fight between older, more experienced people and a group of fifth year students. Even when it escalated, he did not use hexes, jinxes and curses that could do lasting damage. He did not resist arrest. Once Lord Voldemort took over, Mr Malfoy was a prisoner in his own house. He had no means to resist the wishes and orders of the Dark Lord without a wand. It was not him who kidnapped Luna Lovegood nor Dean Thomas. He never wanted them to be in his house either. When my client received word Mr Potter was present, he was blinded by fear and not in a clear state of mind. He would have regained safety; we all know how Lord Voldemort dealt with people who dissatisfied him. It was not that he wished Mr Potter dead. He did try to call Lord Voldemort because he feared for the safety of his family. Mr Malfoy was and is an upstanding member of society. He donated many galleons to St Mungo's hospital. He served on the board of governors of Hogwarts – he has a deep interest to see the wizarding school do well for everyone. All his actions over the years are done by a man that has made a mistake in his youth and paid dearly for it. Who had, when not confronted with this mistake, done a lot of rectify mistakes and to better the wizarding world. I therefore ask for a sentence of probation for five years. Mr Malfoy is as much a victim as others here, although his victimhood was different."

People openly scoffed at that. Selwyn returned to his seat. The Wizengamot members were in deep contemplation. Kingsley Shacklebolt took to the floor, "The Wizengamot is now in recess. We will reconvene in about two hours. Please clear the area from anyone not authorised".
The court aides came forward and moved the Malfoys to the holding cells. The court room emptied itself reasonably fast. And then the doors were closed.

People waited. Down in the holding cells, the Malfoy family sat silently, each one occupied with their own thoughts and demons. Lucius Malfoy shivered.
Upstairs, members of Dumbledor's Army stood together. "I hope they give him life", Ginny Weasley said angrily thinking about the court decision. "They can't let him get off free after all he has done. Selwyn had the gall to suggest he was a victim!" She was so very angry at that man. He had released a basilisk, involuntarily as it may on the school. He was no upright member of society, unlike her father was. "They will not let him go free; Kingsley will take care about it. He was in the order; he won't be ensnared by Selwyn's bullshit", Hermione tried to reason. Everyone turned around – Hermione Granger did not swear normally. But everyone could see how much it had cost her to attend and be in the witness stands. Ron put an arm around her, drawing her closer and she snuggled into his side. "'Mione, it will be ok. Ponce will be going away and we won't ever have to see his ruddy face again" Ron tried to calm her even though he was miserable himself.
Dean and Seamus stood there next to them. Dean had to testify himself and while he was not tortured (much), it was not a particularly pleasant thing to speak about in front of over a hundred people, most of them he didn't even know and quite a few of them who shared, if not the methodology but the general ideology of Lucius Malfoy. "Whatever happens, I am glad it's over," Dean said. "Bastard's ruined anyway; nobody will ever forget or forgive him and his fecking crownies ", Seamus viciously said. "Hope Draco follows daddy dearest. Sodding idiot". "Right," Harry spoke up," Anyone fancy some lunch?" They agreed and some 20 people left the atrium where they had gathered to pick up a spot of lunch.

2 hours later

The courtroom was packed perhaps even more. Journalists with their camera, the reporters from WWN were all set up. Later, someone would say that this was the most broadcasted event on WWN since the day of Voldemort's fall from power. Dumbledore's army was gathered in full force, so where the surviving members of the order and countless ministry employees who "happened to be there".

At the stroke of the clock, the Wizengamot and Kingsley Shacklebolt re-entered. The entire court room stood up and sat down once Kingsley and the Wizengamot had taken their place.

"After careful deliberation, the Wizengamot has come to a conclusion. We want to say this in the beginning, true justice can never be served. There is only an approximation of justice, as there are always multiple sides and issues to consider. No case is clear-cut. What one might consider fair, another might not. We have had a lot of testimony to consider, we have had a lot of action to consider. But we have arrived at a verdict.
To the charge of membership in a group that planned to overthrow the existing government structure, we find the defendant guilty. To the charge of accessory to murder, we find the defendant guilty. To the charge of accessory to torture, we find him guilty. To the charge of hiding fugitive from law enforcement, we find the defendant guilty. To the charge of kidnapping and incarceration, we find the defendant guilty. To the charge of breaking and entering, we find him guilty. To the charge of theft, we find the defendant not guilty. To the charge of fleeing from wizarding prison, we find the defendant not guilty.
The terms of his sentences are as follows. The defendant, hereby now referred to as the convict, will be sentenced to the following prison terms. For joining, supporting, and planning to overthrow the government, Mr Malfoy is sentenced to 20 years in prison. For accessory to murder, we will sentence him to 15 years. For accessory to torture, he is sentenced to 10 years. For abetting evasion from law enforcement and aiding of fugitives, we will sentence him to eight years. For the charge of kidnapping and incarceration, we sentence him to five years. For breaking and entering, we sentence him to two years – with time served considered. We have decided not to charge the convict Malfoy with escaping from prison because freedom is a natural instinct, and one cannot be harmed for the desire to be free. For damages, emotional and physical, we sentence him to pay 5000 galleons, half of which to be paid for the reconstruction of Hogwarts School of Witchcraft and Wizardry, with the other half split evenly between St Mungo's Hospital for Magical Maladies and Injuries and the General Recovery Fund.
The accused will retain the right to own and use a wand once his prison sentence has been served. The sentence of 62 years will be spent at Azkaban high security prison where convict will remain in a single cell in the high security tract, with one year already considered served. The sentence can be reviewed for the sentence in 30 years at the earliest. Parole can only be considered after two-thirds of the sentence has been served. The convict is entitled to receive four visits a year. On special occasions, the convict may apply for an external visit. The ministry does not have to grant this request. In case of death during his imprisonment, the ministry will grant the family to receive the body for burial in their ancestral resting place."

A smattering of applause was heard from the ranks. Later, most commentators would comment the sentence as being appropriate and fair. Lucius Malfoy would be in prison for much of the remainder of his life, with a shot at release for his old age.

"The court will consider the case of Mrs Malfoy and Mr Draco Malfoy tomorrow. The session is now closed. Members of Magical Law Enforcement, please move the convict to a private place to say Goodbye to his family and bring him within the hour to his cell. Please move Mrs Malfy and Mr Draco Malfoy to the ministry holding cells after saying Goodbye".

The case Lucius Malfoy v Ministry of Magic was now closed.