No Witness, No Case

by Bill Robertson

  ‘First off, although we talked over dinner about how Teresa and I met and how we feel about each other, what you don’t know Mary that Tony does is that Teresa has Mafia links.’

  Mary glanced at Teresa: concern, bafflement, distress and anger all present at once. She loved Andy as a brother and immediately feared more grief for him.

  Self conscious, Teresa was compelled to say, ‘I assure you Mary, none of this was planned. As you now know, we met under strange circumstances and our feelings quietly ambushed us. Believe me, I’m very aware that my background makes this friendship complicated. But I couldn’t get him out of my head.’ She smiled at Drummond. ‘It just happened.’

  Drummond nodded to her affectionately then settled himself in his chair. ‘It’s hard to know where to begin,’ he said, reflectively, ‘it’s taken quite a bit of work to put this tale together. For me, the starting point was the truck fire last May, for Teresa it began in 1975.’

  Carefully, concisely, Drummond began to relate what he had discovered about the Aldrittsons since the truck fire. He explained the relationship between Pescaro and Jack Aldrittson, the illicit dumping, plans for a treatment centre at Timmering and the political machinations to have the scheme approved through Ben Aldrittson. He detailed Ben’s activities concerning the bribes, kickbacks, manipulation, spy network and Swiss accounts.

  Teresa followed with what she had learned from Pescaro about the deaths of her father and Angelina Pescaro. Briefly, she explained Pescaro’s empire with its capos and criminal interests, his police informers and the current tensions involving the Russian Mafiya.

  Mary and Tony sat enthralled, expressions of disbelief, anger and dismay moving over their faces like clouds across the sun. When Teresa concluded with an outline of Baker’s apparent paedophile ring, Mary leapt to her feet, quivering with indignation. ‘This is disgusting! On top of everything you’ve just confirmed my worst suspicions about politicians – they’re all corrupt.’

  ‘Steady on Mary,’ said Tony, ‘that’s not right at all.’

  ‘Tony, you well know my views about politicians. They don’t practise what they preach, they lie, they’re masters of hypocrisy, they set rules for others but not themselves, they rort perks and allowances, they favour big business over little people and, in this country, the feds especially, prostitute themselves – and us – to that rotten bloody USA. Don’t tell me how to think about politicians, they disgust me!’ She stormed into the kitchen, her words hanging in the air like a firestorm, a searing condemnation of democratic governance.

  Tony looked abashed. ‘Sorry mate. I think you stoked her prejudices. Look, just so we all understand what’s going on here, there are some things I need to know. For instance, Teresa, what does Pescaro think you are doing this weekend?’

  ‘He knows I’m here Tony, but he thinks I’m having a naughty weekend to dredge information from Andy about Santini’s death and the Aldrittsons. He wants me to establish if Andy is a threat to him because, at the moment, he believes it was Andy who was under Santini’s car.’

  Maud nodded and smiled fleetingly at her comment. ‘Were you followed? Do you expect to be watched here?’

  ‘I am sure I wasn’t followed but,’ she hesitated and looked at Drummond who remained expressionless, ‘Mario Embone at Tooborac is one of Giuseppe’s men. I couldn’t say if he’s been asked to do anything.’

  Tony was surprised. Embone was well known as a hard worker, not entirely anti-social, but certainly private. ‘What do you know about him?’

  ‘Not much I’m afraid. From the little I hear about him I’d say he’s a “sleeper”. He’s occasionally kept an eye on the Timmering development, you know, persuaded people by killing or stealing their stock. But not much otherwise.’

  ‘Is he a violent man?’

  Drummond’s earlier warning about the shot into his kitchen and not telling Tony about it rang in her ears. She paused before answering. Imperceptibly, Andy shook his head.

  Quickly glancing between them Tony said, ‘Am I missing something here? What aren’t you telling me?’ He was frowning.

  ‘He’s very low level,’ she hedged, ‘but the thing is, until you’re thrown the ball, you never quite know what will happen.’

  Mary entered with fresh tea and coffee. ‘I’m sorry about my outburst before,’ she said remorsefully, ‘I shouldn’t get so huffy. I feel I diminished what you were telling us.’

  Teresa said, ‘No problems Mary. I understand how upsetting all this must sound. You can’t begin to imagine how I felt when I learned that much of my life has been a lie.’

  Tony said thoughtfully, ‘Teresa, it’s clear that you are central to everything in this. What are your expectations?’

  She considered his question a few moments before responding. ‘I have to see things put right for my parents and Angelina Pescaro and I can only do that in court. For me, that is the only way I can absolve the lie I have lived so far.’

  She looked to Drummond and then Tony before continuing slowly. ‘I am also hoping there might be something for Andy and me at the end of this. For instance, if this does get to court I would, in all probability, be a principal witness. Without being melodramatic, that responsibility is a death sentence for me – it’s the Mafia way. Not only that, because I know so much about Giuseppe’s empire, every effort will be made to ensure my death quickly. I know all the lawyers and accountants and they will make every aspect of any prosecution as difficult and vicious as possible. Just from self interest if nothing else. That means other people will also be threatened with death. Finally, it’s a certainty that any convictions will be fought all the way to the High Court. And then there’s Ben Aldrittson. I want to see him brought to his knees. My expectation is that this will be ugly, protracted, violent, expensive and possibly end my life, but I want to go on with it.’

  There was prolonged silence as her words registered.

  Teresa continued quietly. ‘Andy and I have discussed witness protection but we know nothing about it. We know none of this will be easy, but there are no short cuts to integrity. We want to face this together and we need support.’

  ‘There’s no bloody doubt about that,’ said Tony forcefully. ‘The important question for me is: how do you propose to get away with this? Sure, we can do witness protection but the danger period is between making the decision and taking the action. Many witnesses equivocate and either end up dead or seriously injured. Either way, the outcome is the same: no witness, no case!’

  ‘I understand that Tony, and I’m not planning on becoming one of those statistics. But, I can’t walk out on Pescaro right now. I’d be dead before the end of the day. There are things going on with the Russians for which I have to make arrangements. Returning to do that will allay suspicion about my weekend up here. After that, we’ll have to play it by ear.’

  ‘What arrangements?’ Maud demanded.

  ‘Giuseppe wants to use the migration laws to have the Russians expelled. I’ve got most of the material together and believe it would be foolish not to let that run, especially when there is a strong probability of success. And, it will be lawful.’

  ‘Okay, last question. Is your evidence legitimate? If it’s tainted by any illegality, you can kiss much of this case goodbye. And based on what we’ve heard tonight well … that would be a crying shame. We do need to pull this off because the outcome could be massive. So, please indulge my caution.’

  Teresa smiled obliquely. ‘I think all the evidence is okay. When I get to talk to the investigators I guess we’ll find out.’

  Maud eyed her sceptically but said, ‘All I can do from here is facilitate access to the right people. Even so, up here in the sticks, that could still be difficult. I promise to walk you through everything to minimise any glitches. One of my mates in town is connected to the Witness Protection Program, Witsec for short. I can talk to him and get back to you. I’ve never used it myself and I don’t want to mislead anyone. How long will you be here Teresa?’
<
br />   ‘I have to go back some time Monday – I can’t stay beyond that.’

  ‘In that case, I’ll try Rod tomorrow morning. How about Mary and I come out at four tomorrow afternoon?’

  ‘Sure,’ said Drummond, ‘We were thinking of going to Bendigo tomorrow for a look around, so four would be good. Mary’s presence might also help. You know, ease any suspicions if that bloody Embone is poking around. We can’t be too careful.’

  ‘Done. That okay by you Mair?’

  ‘In future,’ said Mary nodding to Tony, ‘don’t dare do anything involving these two without me. Teresa, you’ll learn I can be pretty blunt and to the point so I’ll just say this: I like you and understand why Andy already seems to care so much for you. I hope to God it works out for you both. I really am looking forward to knowing you better because I suspect there’s great substance in that little body of yours.’

  Drummond laughed. ‘How perceptive of you Mary. Teresa, tell them about your encounter with Ben Aldrittson on Friday afternoon.’

  By the time Teresa concluded her account, Tony was quietly grinning and Mary was punching the air shouting, ‘Yes! Yes! Yes! Go girl!’ They all laughed at her pleasure with the outcome.

  Chapter

  FORTY- EIGHT

  ‘Yes Don Pescaro, yes.’ Masseria responded quietly to the terse query. ‘We tracked him to the Russian Employment Service here in Dandenong. Cunning as a shithouse rat he was, but we tracked him. Anatoly Bilyenko was waiting for him and they’ve just gone inside together. My guess is that Bilyenko is Chernamenko’s deputy. I think we can safely say we know how Chernamenko is so well informed. Unfortunately, our man brought one of his team members with him, a young man with good potential. What do you want done?’

  Pescaro, at home, was saddened. Eventually he said, ‘Nothing hasty Eduardo. We’ll arrange a dinner, a remembrance dinner for Dominic Fabrizzi and Emilio Barracusa; it’s just on two months since Dominic’s death. Set up a banquet at Luciano’s and tell Felipe to spare no expense. Do it this week, then come and see me. Continue surveillance and discreetly set traps to confirm our suspicions. Do what you think is necessary. When you have the proof, I’ll host the dinner – capos and their lieutenants will be the invitees. We’ll “celebrate” smooth progress with Chernamenko and mourn the passing of Dominic and Emilio. In the meantime, remain silent. Questions?’

  ‘No Don Pescaro. I’ll be in touch in a few days. Ciao.’

  Pescaro, no stranger to treachery, hated this situation. It assaulted his leadership and disturbed his sense of balance and correctness. He had not had to deal with insurrection for a long time and decided that after this, he would not be dealing with it again. Quashing this bastardry would be his last major decision as Don. At seventy four, he felt it was time to let go, time to enjoy his remaining years. Since murder had removed Barracusa, his preferred successor in Santini’s absence, his support would go to Masseria. And, while that would help Eduardo, the Family would decide the next Don.

  He had reflected often on whether the question of a successor had been a factor in Emilio’s death. An innovative and clever strategist, Barracusa was a natural leader. It would be logical, he thought, to remove Barracusa before eliminating himself – that would reduce opposition for the traitor when he came to take his seat at the table, something that might not happen if Barracusa was alive. It intrigued him that others had not seen this possibility, not even Teresa who was alert to such machinations. Hmmm, Teresa. He allowed a tiny smile. He hoped she was having a pleasant weekend – it would be her last with this man Drummond. According to Embone’s observations, they looked far too close – there must be no chance of a relationship developing between them; it was not the Family way. Drummond had to go. He reached for his phone …

  Chapter

  FORTY- NINE

  The fire in the big room had burned constantly all week. After removing the bulk of ash, Drummond had flames roaring up the chimney and waves of heat bouncing into the room. Tony and Mary crowded the hearth rubbing their hands and warming their backs and bums after the bone-chilling cold outside. Teresa was preparing a late afternoon tea in the kitchen. It was a pleasant and homely gathering of friends on a wet, wintry afternoon.

  After they’d settled Maud said, ‘I talked to my mate at Witsec this morning, Rod McDermott. To put your minds at ease, no names no pack drill. We had a hypothetical about some of the crimes involved. After a pretty solid discussion Rod’s concern was that without a police investigation having formally commenced, and without protection in place, you would be at grave risk Teresa.’

  ‘I expected as much, but as I told you Tony, I cannot just vanish without completing a few things.’

  ‘I understand that Teresa, and we’ll come back to it. However, before going on, do you know any of Pescaro’s pet cops?’

  ‘I do. I know who they are and where they are. Most are in the Crime Department. There are some in Ethical Standards and the Force Intelligence Unit and there are a few, here and there, across the state in uniformed areas.’

  ‘We’ll need that information up front because apart from anything else, there will be a bloody huge ESD investigation. The fact that he’s already got plants there confirms his thoroughness. And, you can bet your bottom dollar that once the ESD enquiry starts, your safety is guaranteed to be in jeopardy. Okay, Rod faxed this to me this morning. He says it’s one of the best things he’s come across to convey the difficulty of living in witness protection. It’s part of a statement by a former Federal Drug Agent to a US Senate Committee during the eighties. I think it has special relevance to you. This bloke said:

  You have say, an extortion victim, a high level executive, an accountant without a criminal past. What do you tell this witness? You have to go to him with a proposition – if you are going to be truthful and honest, you have to say “Mr Witness, we would like you to co-operate with the Government so that we can prosecute those dangerous parasites out there. Now, all you have to do is risk your life, change your family name, sacrifice your career, give up all your friends and accept a much lower standard of living than you have now, and in exchange for that we will let you be of service to your country”.

  ‘Rod says this is no exaggeration. Apparently, quite a few people pull out of protection because it is so bleak.’

  Teresa and Drummond exchanged troubled glances. Teresa said, ‘I didn’t expect a picnic but I didn’t appreciate it could be quite like that either. Who decides if I’m eligible? The investigating police officer?’

  ‘No, the Chief Commissioner. In practice the decision is made by a Deputy Commissioner. The investigator has no say in the final decision but of course it is up to him to argue the case for the application. Rod says some investigators will make all kinds of promises to a witness that are just crap. For instance, in return for your evidence they might offer big fat fees, stunning accommodation and sometimes, flash cars. But – and read my lips – investigators can’t promise anything. What these guys do is wrong and the practice is totally discouraged. Any copper who promises automatic protection, a new identity, or overseas relocation is talking through his armpit.’

  ‘Okay, okay, I’ve got the message. Does that mean I am likely to be refused protection?’ Her tone was slightly acid.

  ‘Gut feeling – no. But to be honest, I can’t answer that. It depends on a detailed formal assessment and the results of some medical and psych. tests. But I’d say – given your background and evidentiary value, the volume and seriousness of crime involved, and particularly the people you’ll be pushing our way – refusal is unlikely.’

  ‘Alright. What do you mean about a new identity? From what I’ve seen on TV and the movies, I assumed everyone in protection gets a new identity.’

  ‘It’s not automatic,’ Maud said thoughtfully. ‘For many reasons witnesses choose not to change identities, others want a new name because they want a fresh start. Often it’s wives or girlfriends fed up with crime who motivate change. Building a new identity
takes a long time but once done, it has court protection. No one can track down who you were, who you’ve become or where you are. Witness protection involves tremendous effort by police and a battery of others – it’s a complete system. But – and I stress – Rod says they don’t know of any protected Victorian witnesses who have been compromised if the rules are followed. They break the rules at their own peril. According to Rod, the coppers who work this program are pretty special. He described his team as cool, analytical and full of understanding and compassion. Equally, they’re tough enough to keep their charges on a short leash. And that’s important – more than 90 per cent of these buggers are serious crooks. Some of them at times have caused us hellish problems.’

  ‘Charming,’ said Teresa with a soft smile, ‘what’s the worst aspect of this scheme?’

  ‘Ending your present and past life,’ said Maud without hesitation. ‘Spontaneity and naturalness evaporate. You can’t see friends or family or ring them when you feel like it. You can’t even write or e-mail them unless it’s under supervision. Don’t expect your standard of living to be the same either. Favourite places like theatres, restaurants, picnic grounds and sports will all be out of bounds. These are things people don’t think of. I’m not suggesting there is no contact with family and friends, but, with everything supervised so closely, life can easily become onerous and claustrophobic. For some, it is totally depressing. What most witnesses don’t realise is that in protection, you don’t have a past, everything has to be re-invented. Let’s say you meet someone from your home town. You don’t know this person but you are intimately familiar with everything they talk about, you can’t join in on a shared knowledge basis. You can’t say a thing. One tiny slip could lead to your death. This constant wariness and vigilance takes enormous toll and some protectees have even committed suicide. Naturally, everyone your age has a past. No one can live thirty odd years without leaving some kind of footprint. And how do we function in today’s world? Mostly through credit cards. You can’t get one. Under a new identity, you have no credit rating. You are starting afresh, and at your age, that poses problems. Police won’t create credit histories for protected witnesses because most of them are crooks.’