A/N: Hey, everyone! Sorry for the long absence. I haven't given up on this story, though :) Hope you enjoy this chapter, the trial of Narcissa and Draco Malfoy.


Chapter VIII - The Malfoys

Hermione stumbled out of a familiar dark marble fireplace. She recognised the entrance hall of the Ministry as she straightened her back and dusted herself off.

"Still not my favourite mode of transportation." She heard Harry grumble to her left.

She smiled at him and grasped the hand he was holding out towards her. Mr. Weasley was standing a few feet away, smiling patiently at them.

"The trial is going to take place downstairs." He informed them. "They want the environment to be as intimidating as possible, so they're using the old courtrooms."

Hermione nodded nervously and glanced at Harry, who had tensed slightly. They let Mr. Weasley lead the way. They entered the magical lift which took them to Level Nine, the Department of Mysteries. Hermione shivered as they walked past the entrance of the Department of Mysteries, and Harry's grip on her hand grew tighter. They went down the stairs to the left of the door and finally reached Level Ten. A short blonde witch in dark grey robes welcomed them. She looked only a few years older than Harry and Hermione.

"Mr. Potter, Miss Granger, good morning. If you will follow me, the trial will begin shortly. Mr. Weasley, I'm afraid you are not permitted to enter during the trial." She said.

Arthur nodded. "That's alright, Murray, I'm going back upstairs, I do have some work to do."

The witch introduced herself as Laura Murray, court scribe, before silently leading them to Courtroom Eight. The door was guarded by two men who moved aside to let them in. The scribe showed them to their seats, which were facing the chair in which the accused would shortly be seating. She then sat a few rows above them. Most of the wizards from the Wizengamot were already here, chatting between themselves. Harry noted that he recognised only a few faces from his own hearing. He knew some of the former members, including Dolores Umbridge, had been arrested for the crimes they'd committed during the war. Suddenly, the chatter quieted as the doors through which Harry and Hermione had entered opened. Kingsley Shacklebolt walked into the courtroom, closely followed by a tough-looking witch. Harry immediately thought she must have been an Auror. Kingsley smiled at Harry and Hermione as he walked past them, before taking his spot on the top bench. The witch sat next to him.

"Very well." Kingsley said in a commanding voice. "Bring in the accused."

From a door on the other side of the room, two men brought in Narcissa Malfoy. She looked shaken and tired, but she kept the haughty air that had always graced her face. The men who brought her in sat her in the chair in the middle of the room, before going back through the door and shutting it. Narcissa sat up in the chair, straightening her back. The chains attached to the armrests clinked but did not wrap themselves around her arms.

"Criminal trial of the eighth of July, regarding offences committed during the Second Wizarding War by Narcissa Irma Malfoy, resident at Malfoy Manor, Westbury, Wiltshire. Interrogators: Kingsley Samuel Shacklebolt, Minister for Magic, and Cassiopeia Ann Savage, Head of the Department of Magical Law Enforcement. Court Scribe: Laura Amalia Murray." Kinsgley announced.

Narcissa maintained her stoic expression.

"Would the accused state her full name and date of birth?" Kingsley asked.

Narcissa cleared her throat lightly.

"Narcissa Irma Malfoy, née Black. I was born on the seventeenth of October 1955."

Kingsley nodded. "Your parents were Cygnus Black III and Druella Black, née Rosier, correct?"

"Correct." Narcissa replied curtly.

"Do you swear to be truthful during this trial, and to reveal the whole truth?"

"I do." She replied.

"Very well. You are accused of having been an accessory to a number of crimes committed by Death Eaters during the War. It has been reported that you never became a Death Eater yourself, but you knew that your husband, Lucius, and your son, Draco, were part of that group?"

"That is correct." Narcissa said.

Harry thought that the natural expression of her face was playing against her. She looked bored and mildly disgusted by the court.

"You married Lucius Malfoy in 1978. He had officially become a Death Eater six years earlier, shortly after he graduated from Hogwarts. Were you aware of that fact at the time you got married?" Kingsley asked.

"I was. His allegiance to the Dark Lord was one of the reasons why my parents thought him a worthy party." She replied with no emotion at all in her voice.

"Your parents shared the Dark Lord's views?" asked Cassiopeia Savage, the witch who had walked in with Kingsley.

"My parents were part of the House of Black. Our words are 'Toujours Pur' – Always Pure. They believed in the superiority of purebloods, though they never joined the Dark Lord's ranks themselves." Narcissa confirmed.

"What is your opinion on blood purity?" Savage insisted.

"I was raised to believe it was everything, and that I was not to associate with Muggles or Muggle-borns. I no longer believe what I was taught as a child."

"You don't?" asked Kingsley.

"I don't. I will not pretend that I am an advocate for equality, but I find that blood purity matters very little to me." She simply stated.

There was a murmur around the Wizengamot after that. Harry turned to Hermione, who was staring at Narcissa with wide eyes.

"What has changed your mind on the matter?"

"As a child, I simply believed what my parents told me. Later, because of their teachings, I evolved amongst people who thought the same thing they did. My views were never challenged, so I didn't question them. But the stories of some of these witches and wizards born of Muggles have shown that they too are capable of great things." Narcissa said. Her face was still expressionless.

"May we ask for an example of such stories?" Kingsley asked.

"Lily Potter." Narcissa said, and for the first time, she looked at Harry. "The Dark Lord had no intention of killing her, yet she sacrificed herself for her son. That shows bravery. When I was in Hogwarts, some of my Muggle-born classmates achieved better marks than I did. My own son, Draco, was always complaining about Miss Hermione Granger's ability to be at the top of the class in every subject." Narcissa continued, now looking at Hermione, who gasped. "I find there are no distinctions between them and me, other than the ones my parents built for me."

The murmur amongst the people present grew louder.

"Silence!" Kingsley ordered. The room quieted down immediately. "When did you come to that realisation?"

"When I thought my son, Draco, was dead or going to die. I realised the only thing I wanted was for him to be safe, and I did not care how that happened."

"So you did not care if Voldemort won, as long as Draco was safe?" Kingsley asked.

"Draco would never have been safe had the Dark Lord won." Narcissa said. Harry saw an emotion flash through her eyes. He thought it was anger.

"Why do you say that?" Savage asked.

"The Dark Lord is – was incapable of human emotion. He only used people. He used Draco. But my son wasn't the kind of soldier the Dark Lord wanted, and Lucius was in disgrace. It was only a question of time until he got rid of us. We were no longer useful to him."

"What do you mean, 'not the kind of soldier the Dark Lord wanted'?" asked the other witch.

"Draco isn't cruel. He doesn't enjoy torturing people for fun. Everything he did, he did because he was threatened. Draco struggled with following the Dark Lords orders, because he would think about the consequences. The Dark Lord did not want his followers to think."

"You say this now, and yet during all those years, you supported the Death Eaters, you welcomed them into your home…" Savage continued.

"I was married to one…I was taught never to provoke my husband, and at first I must say I didn't find anything wrong with his views. Besides, once I became a mother…I had my son to think about. All I did, I did to keep him alive." Narcissa said firmly.

"Very well." Kingsley said. "We will now hear the witness for the defence, Mr. Harry James Potter."

With a wave of his wand, Kingsley conjured a comfortable chair for Harry to sit on. The chair was a few feet away from Narcissa's, facing the Minister and the Head of Magical Law Enforcement.

"Will the witness state his full name and date of birth?"

"Harry James Potter, born on the thirty-first of July 1980." Harry said. Hermione could tell he was nervous, but she doubted it was noticeable to anyone who did not know him.

"You encountered the accused several times during the last year of the Second Wizarding War, correct?" Savage asked. There was a sort of reverence in her voice when she spoke to Harry.

"Yes. During the war, I, along with my friends Ronald Weasley and Hermione Granger, was taken captive and brought to Malfoy Manor, Mrs. Malfoy's residence."

"Mrs. Malfoy was present?"

"Yes, she was there, along with her husband, her son, and her sister, Bellatrix Lestrange." Several members of the court shifted uncomfortably in their seats when they heard the name. "There were also a few Snatchers, who had brought us there, led by Fenrir Greyback."

"What happened whilst you were there?" asked the witch.

"Draco Malfoy was home from Hogwarts at the time – he was home for the Easter holidays. He was called to identify us. Hermione had cast a Stinging Jinx at me, so I would not be recognized, but the Malfoys and Mrs. Lestrange thought Draco might be able to formally identify me, since he was in my year at Hogwarts. Once that was done, they would call Voldemort."

"So Mrs. Malfoy wanted her son to identify you?" Kingsley asked.

"The Malfoys had fallen out of grace with Voldemort, and Mrs. Malfoy feared for her son. If Draco had been the one to bring me to Voldemort, he would have been safer." Harry said. Narcissa was staring at him with an unreadable expression.

"I see."

"Then, Bellatrix realised that we had something that she thought should have been in her vault at Gringotts. She ordered Greyback to take Ron and me to the cells in the dungeons whilst she interrogated Hermione. We managed to escape from the cells with the help of a house-elf named Dobby, and we were brought to Bill and Fleur Weasley's house – Bill is Ron's eldest brother. Mrs. Malfoy, along with the rest of her family, tried to prevent our escape."

"Yet you sit here defending her?" Savage asked.

"Yes. I believe that, unlike her husband and sister, Mrs. Malfoy's actions were driven by her need to protect her son. Mrs. Malfoy saved my life during the Battle of Hogwarts."

A surprised murmur echoed through the courtroom. Kingsley demanded silence.

"Would you elaborate on that, Mr. Potter?"

"During the Battle, I went to find Voldemort in the Forbidden Forest."

"Why?" exclaimed Savage.

"I thought it would be the quickest way to end the Battle. Voldemort only wanted me, and I knew my friends would be able to end him even without me. Well, I went into the Forest, and Voldemort cast a Killing Curse at me. For a moment, I believed I was dead, but I came to."

"You survived another Killing Curse?" Savage asked incredulously. Her emotion was shared by many members of the Wizengamot, who were now leaning forward on their seats.

"Yes, I don't know how it's possible, but it's true." Harry lied. He knew why he hadn't died, but he couldn't reveal that he had lived all these years with a part of Voldemort inside him.

"Is that what happened, Mrs. Malfoy?" Kingsley asked.

"Yes." She replied with a small nod.

"Voldemort tried to kill me, and he sent someone to check that I was really dead. I thought it was over, but he sent Mrs. Malfoy. She bent over me and asked me if Draco was still alive. I replied that he was. She then asked me if he was still in the castle. Again, I replied he was. She then turned towards the Death Eaters and announced that I was dead. I'm alive here today because she lied to Voldemort's face."

Some of the members of the audience looked like they were about to fall of their seats.

"Silence!" Kingsley shouted. "Why do you think Mrs. Malfoy acted thus?"

"She was only concerned with getting back to her son, she did not care that I won the war. She betrayed the Death Eaters when it mattered most, and I think that should count for something. She is not innocent, she aided the Death Eaters. I simply do not think she belongs in Azkaban." Harry concluded.

"Very well, Mr. Potter, thank you for your testimony." Kingsley said with a smile. "The court will now deliberate over the fate of Mrs. Malfoy." He announced.

Kingsley waved his wand again a cast a Silencing Charm around himself and the rest of the Wizengamot. Narcissa, Harry and Hermione could not hear what was being said. During that time, Narcissa kept her gaze fixed upon the wall behind Kingsley. Hermione was twisting her hands nervously in her lap, and Harry was tapping his foot. After almost an hour, Kingsley lifted the charm.

"Narcissa Irma Malfoy, the court finds you guilty of aiding and abetting Death Eaters during the War. However, due to mitigating circumstances, you will not be sent to Azkaban. Instead, you will be confined in your home of Malfoy Manor for a period of one year. If, during that time, you try to communicate with any known Death Eaters or affiliates escaping justice, you will serve the rest of your sentence in Azkaban."

"I understand." Narcissa said.

"Very well. We will now proceed with the trial of Draco Malfoy, I'm afraid you will have to wait outside."

Narcissa headed towards the door. She nodded at Harry as she walked past him, and he returned the gesture.

"Bring in the accused."

The two men who had brought Narcissa in returned, this time with Draco in tow. Draco looked far worse than Harry or Hermione had ever seen him. His usually pale face appeared grey, and his eyes were sunken. He looked underfed, and his hair fell limply in his face. He sat in the chair that his mother had just left, and the chains attached to his wrists.

"Why is he in chains?" Hermione whispered to Harry.

"I don't know…maybe because he was officially a Death Eater?" he whispered back.

Unlike his mother, Draco was slumping slightly in his chair. He looked up when he heard Kingsley's booming voice. He noticed Harry and Hermione and was not able to mask his surprise.

"Criminal trial of the eighth of July, regarding offences committed during the Second Wizarding War by Draco Lucius Malfoy, resident at Malfoy Manor, Westbury, Wiltshire. Interrogators: Kingsley Samuel Shacklebolt, Minister for Magic, and Cassiopeia Ann Savage, Head of the Department of Magical Law Enforcement. Court Scribe: Laura Amalia Murray." Kinsgley announced for the second time.

Draco's eyes were shifting from Kingsley to Harry and Hermione. He seemed to wonder what they were doing there. Hermione bit her lip as she realised that he probably believed they were there to ensure he would end up in Azkaban.

"Would the accuse state his full name and date of birth?" Kingsley asked.

"Draco Lucius Malfoy. Born on the fifth of June 1980." His voice sounded raspy from lack of use.

Kingsley nodded. "Your parents are Lucius Malfoy and Narcissa Malfoy, née Black, correct?"

"Yes." Draco replied weekly.

"Do you swear to be truthful during this trial, and to reveal the whole truth?"

"I do." He replied.

"You stand accused of having been involved in a series of crimes committed by Death Eaters during the War. Tell us, Mr. Malfoy, when did you become a Death Eater?"

"At the beginning of July 1996. It was done as soon as I returned home from school after the end of fifth year." Draco said.

"Why would a sixteen-year-old receive the Dark Mark? You weren't even old enough to perform magic outside of school!" Said Savage.

"My father had been imprisoned, and I was chosen to replace him. The Dark Lord also believed that no one would suspect me, precisely because I was so young."

"What happened after you became a Death Eater?" Kingsley asked.

"I was given a mission. To kill Dumbledore." Draco said, his shoulders slumping slightly.

"Now, we know you didn't complete that mission. Dumbledore was killed by Severus Snape." Kingsley intervened.

"That is true, but it was because of me that the Death Eaters were able to get inside Hogwarts."

"What happened after that? After Dumbledore's death?" Savage inquired.

"The Dark Lord didn't trust me, because I failed the mission he gave me. I believe he gave me such a difficult mission because he knew I would fail. He wanted me to. He wanted a reason to get rid of the Malfoys." Draco added dejectedly.

"And you wanted to get back in his good graces?" Savage continued.

"Not really. Most of the time, I just wanted to be somewhere else. But the Manor became the Death Eaters' headquarters, so I had to be there and watch."

"Watch what?" Savage insisted.

"People getting killed. Tortured for fun. My aunt Bellatrix always tried to get me to participate."

No one could deny the disgust in Draco's voice when he said her name. Hermione shuddered.

"But you did not?" Kingsley asked.

"No. I was raised to think that some people – Muggles and Muggle-borns – were not as worthy as others. But when they brought them to the Manor to be tortured…their screams…they were just like anyone else." Draco risked a glance towards Hermione then. She shut her eyes to fight back tears. "I couldn't do it."

"So what did you do?" Kingsley asked.

"The Dark Lord didn't trust me, so I wasn't given any specific mission. I went back to Hogwarts, and I just tried to make myself scarce. I didn't want the Dark Lord to be reminded of my existence."

"So you didn't participate in any of their activities?"

"I told you, the most I did was watch." Draco looked down in shame.

"I think we should hear from the witnesses for the defence. Mr. Potter will go first."

Draco's jaw slacked for half a second before he regained his composure. Surely, he had misheard. Defence?

Harry sat back on the chair he had left over an hour ago.

"We will forego the presentations, as you just testified in front of this court." Kingsley said. "We can go straight to your testimony. When did you meet Mr. Malfoy?"

"I met him shortly before our first year at Hogwarts, in Madam Malkin's shop on Diagon Alley. He was already prejudiced then, but I knew so little about the wizarding world that I did not understand what he was talking about. When I saw him again at Hogwarts, he tried to befriend me at first, but at that point I had formed a clear opinion of him: he was a bully. I had dealt with bullies in my childhood, and I didn't want to be involved with them in my new life as a wizard." Harry said. Draco was openly staring at him, and he could not hide the surprise in his features.

"Did your opinion ever change?" Kingsley asked.

"Not whilst we were at Hogwarts. Malfoy always tried to get me in trouble, he made fun of me and my friends. Frankly he looked down on everyone, teachers included. I disliked him because he thought himself above everyone else. But he was different in our sixth year."

"Different?" Savage repeated, raising an eyebrow.

"Yes. He looked visibly unhappy and anxious. He no longer walked around Hogwarts like he owned the castle. Everyone thought it was because his father was in Azkaban, but I suspected him."

"Suspected?" Savage said.

"I knew…well, I didn't know. But I strongly suspected that he had become a Death Eater. I had heard him talk about his mission, although I didn't know what it entailed. However, no one else believed that Voldemort would choose a sixteen-year-old amongst his followers. So I started to follow him, I wanted to find out what he was up to."

"And did you?" Kingsley asked.

"I did, but too late. I was with Dumbledore in the Astronomy Tower that night. Draco wasn't going to kill him."

"What do you mean?" asked Kingsley.

"He was lowering his wand. I had seen people determined to kill before, and Draco wasn't one of them. He looked like he desperately wanted to get out of there. He wasn't capable of killing. I still think he isn't." Harry said. "During the Battle of Hogwarts, he also didn't try very hard. We crossed paths twice, and my friends and I saved him, but he wasn't really fighting for any side."

"Very well. Anything to add?" Kingsley asked.

"No, I think I'm done here." Harry replied.

"We will now call Miss Hermione Jean Granger."

Hermione rose from her seat on shaky legs and slowly walked towards the centre of the room. Harry lightly squeezed her hand as he made his way back to their bench. She sat in the chair Harry had just left.

"Will the witness state her full name and date of birth?"

"Hermione Jean Granger, born on the nineteenth of September 1979." Hermione looked at Harry, who gave her an encouraging smile.

"Miss Granger, what was your relationship with Mr. Malfoy like when you were at Hogwarts together?" Savage asked.

"Well, like Harry said, Draco Malfoy was a bully. He would never pass a chance to torment me."

"Do you think Mr. Malfoy targeted you specifically?"

"Er…yes, a little. He was mean to practically everyone, but I knew he particularly disliked me because of my birth, after he called me a mudblood during our second year."

Some members of the Wizengamot gasped, and Harry saw Draco tense in his chair.

"So you would agree that Mr. Malfoy was prejudiced?" Said Kingsley.

"Yes, he was, definitely."

"Then why are you defending him?" asked Savage.

"He was raised to believe that. It's easy to blame him for being so close-minded, but I think he was a victim of his upbringing. Once he was old enough, he clearly started to question his family's position. He didn't really participate in the Death Eaters' actions. He was afraid, a teenage boy trying to survive."

"A lot of young people, yourself included, were involved in the War. Many of them chose to fight for what was right, why should we excuse Mr. Malfoy?"

"We weren't all raised the same way. In my case, I didn't have a choice. Because of my birth, I couldn't have joined the other side even if I had wanted to. I was fighting for my life, I would have been killed if Voldemort won. That was also for the case for Harry and many others. Draco did have a choice, his birth put him in Voldemort's good graces. Yet Voldemort never trusted him, and even tried to get rid of him. Why? Because he recognised that Draco wouldn't follow him blindly forever. In fact, when we were at Malfoy Manor, Draco saved our lives, because he refused to identify us. I had jinxed Harry so he wouldn't be recognised easily, but any of our classmates would have been able to tell it was him. Ron and I didn't look any different than usual, and we're Harry's best friends, always with him. Draco knew it was us. He could have said so, given us to Voldemort and the war would have been won for him, Draco would have gained Voldemort's trust, he would have saved his own skin. And yet he said nothing. He lied to his aunt, Bellatrix Lestrange, because he was not capable of killing us, because he didn't want our deaths on his conscience. For the first time, he had a real choice, and he chose to undermine Voldemort." Hermione said with fervour.

"For the first time?" Savage repeated, surprised.

"Yes, for the first time. He was made to join the Death Eaters to replace his father, his other option was death. He was raised by a Death Eater. Turning his back on Voldemort's side meant turning his back on his family, and I think Draco loves his mother. It's clear she loves him and would do anything for him. Neither wanted to put the other in a difficult position, so they just protected each other. But Draco never actually helped Voldemort. He helped the Death Eaters storm Hogwarts, that's true, but he was sixteen and threatened by the evillest wizard of all time. I think many of us would have caved in. Again, I am by no means saying that Draco Malfoy is free of sin, but I believe he deserves a second chance. He is young, and he knows he was wrong. He doesn't belong in prison." Hermione raised her chin almost defiantly at the end of her speech.

"Right. If you are done, we will now deliberate." Kingsley replied.

"I am done." Hermione said.

She got up and went back to sit next to Harry on the bench. She gave Draco a small smile. He didn't return it, but Hermione had never seen him looking so kindly at her. For the second time, Kingsley cast a Silencing Charm around the Wizengamot. The deliberation lasted even longer than it had for Narcissa. Draco was gripping the armrests of his chair, his knuckles turning white. Hermione felt slightly nauseous, and Harry didn't look any better. Finally, after an hour and a half, the Charm came off.

"Draco Lucius Malfoy, the court finds you not guilty of the crimes you were accused of. Although you bore the Dark Mark, you were never an active Death Eater. Due to your passive participation, some members of the court wanted to sentence you to confinement in Malfoy Manor. However, the witnesses' testimonies have convinced the court that you do not represent a danger for the wizarding community. Bear in mind that you will not be granted a third chance. Any hint of association with known Death Eaters or other Dark wizards will send you straight to Azkaban."

"Yes, sir." Draco nodded. He could not believe it. The chains around his wrists came undone.

"You have communicated your desire to finish your studies at Hogwarts School of Witchcraft and Wizardry, correct?"

"Yes, sir." Draco repeated.

"Well, in that case, you will be able to return to school on the first of September. You will spend the year under close surveillance. Understood?"

"Yes, sir. Thank you, sir." Draco blurted.

"You are free to leave now."

Draco stood up, shaking. He slowly walked towards the exit. He walked past Harry and Hermione and stopped.

"Potter, Granger." He greeted them. "Thank you."

Hermione was stunned into silence for a few seconds. She had never heard Draco say those words sincerely before today, and certainly not to her.

"We did what was right, Malfoy." Harry simply replied.

"I'll see you at Hogwarts." Hermione finally said.

Draco nodded to them and left the room, where he was reunited with his mother. Harry and Hermione followed shortly after.