A Case in Question

by Herb Hamlet

  ***

  Henry settled into legal life in Brisbane as if he’d been born into it, the firm’s partners delighted with the new addition to the team. He had the ability to pounce on the smallest flaw in a legal argument, and quickly counter it. His reputation became so renown, the more experienced barristers in chambers often ran arguments by him, requesting his assistance in finding perceived deficiencies. At the age of thirty-two, former politician, Henry Flanagan became a contender for the Bar.

  As the junior barrister in chambers, Henry was usually allocated the unimportant briefs, small fry when compared to the more complex cases his more experienced colleagues handled. In spite of the banal nature of his work, he treated every case as if his life depended upon the result and was never bettered in court. As his reputation grew in Brisbane’s legal fraternity, so did the importance of his briefs, until he personally handled the most complex in the practice. Henry had a head of thick brown hair, prematurely greying at the temples, and large brown eyes that conveyed a friendly demeanor. Jurors couldn’t help warming to him. His demeanor, however, could change quickly if he was crossed.

  During the early stages of his legal career, he courted society debutante, Fiona McKindly, the second eldest daughter of his head of chambers. After a brief courtship, they married in a social event covered by Brisbane’s leading newspapers. While their relationship could never be described as a passionate one, it was nevertheless convenient and suited them. Henry liked the feeling of security and Fiona adored the trappings of being the wife of the city’s leading barrister. In the following three years they had two daughters, Lisa and Michelle, who proved to be an added bonus to their practical relationship.

  Up until he accepted the Malone brief ten years later, everything appeared rosy in the Flanagan household. The Malone case involved major embezzling of government funds. Henry won through with an astute use of a legal technicality. The state premier, Paul Lawson, was livid. In the daily newspapers the following morning he made the mistake of accusing Henry of being legally corrupt.

  Henry was outraged, and through his own legal counsel, he demanded a retraction of the comment. None forthcoming, he took the matter to the District Court where a jury of his peers found in his favor. Using the resources of the people of Queensland, the Premier appealed the verdict, the appeal to be presided over by two Supreme Court justices and the acting Chief Justice of the state.

  ***

  In a meeting with the State Attorney General, Philip Marshall, Premier Lawson laid down the law. “You tell those three bastards on the bench that I want them to rule in my favor,” he snapped, thumping the palm of his hand on the desk.

  The Attorney General looked unsettled by the proposal. “But you did say those things about Flanagan, Paul. I witnessed the outburst myself.” He’d grown to detest Lawson, just as everyone else did. “All those present heard your description of Flanagan. Why not just accept the verdict of the jury? The whole matter would soon be forgotten.”

  Lawson had no intention of backing down. “Because I don’t like to lose.” His lips twisted into a snarl. “Especially to a shyster bastard like Flanagan.”

  Chapter Five

  Henry thought the appeal process had gone particularly well for him. The evidence was presented in almost exactly the same order it had been presented at the original hearing.

  “Looks good, Henry.” Henry’s barrister, Josh Logan, clapped him on the back and sat down beside him. “I was just a bit concerned at the aggressive attitude of the three presiding justices. They seem to be overly antagonistic toward you.”

  “You can say that again. They challenged just about every word my witnesses uttered then they got stuck into me. That Slater is a right prick!”

  “You can say that again, mate.” He patted Henry’s arm. “Anyway, they have no choice but to find in your favor. The evidence is overwhelming and crystal clear for all to see.” They both chuckled.

  Everyone present in the court accepted the Premier of Queensland’s guilt. He had defamed Henry Flanagan. The evidence was irrefutable. Listening to the verdict, Henry’s face mirrored his disbelief. The original verdict was overturned with all costs awarded against him. Before his barrister could stop him Henry jumped to his feet yelling, “This is an outrage. A disgrace to the legal process in this state.”

  Chief Justice Slater’s eyes became slits of anger as he gazed down from the bench. “Be very careful, Mr. Flanagan or I’ll hold you in contempt.”

  Henry was out of control. “You bastards have been got at by Lawson,” he snarled.

  “You’ve sold out.”

  “Right, Mr. Flanagan, you’ve brought this on yourself.” The Chief Justice hesitated as he carefully arranged his thoughts. “I find you in contempt of this court.” He turned his attention to a uniformed officer of the court. “Bailiff, I order you to take Mr. Flanagan into custody.” He turned a spiteful look at Henry and continued. “Mr. Flanagan, I will be bringing your unfounded accusations before the Bar’s Disciplinary Committee.” A supercilious smirk flickered on his lips. “No doubt they will take the appropriate action against you.”

  Henry spent the next five days in Brisbane’s watch-house as a guest of Her Majesty. Here he watched the dregs of society come and go. The following week, he was summoned to appear before the Queensland Bar’s Disciplinary Committee. He bravely attempted to argue his case against the three appeal court justices, however, he was not permitted to justify his outburst and was subsequently suspended for five years, no longer licensed to practice law.

  ***

  Fiona’s eyes were pinpoints of fury when he strode through the front door of their Ascot home. She’d been waiting for him. “You just couldn’t keep your big mouth shut, could you?”

  “It was a total miscarriage of justice.” He shot back, indignantly. “I’ll go to the High Court.” His eyes blazed back at her.

  “I don’t care what you do anymore.” Temper still glinted in her eyes. “I’m leaving you.”

  “What?”

  She watched the expression of shock spread over his face. “I’m leaving you, Henry.”

  “But why?” He opened his palms, surprised and bewildered. “Surely not just because of this.”

  “No, I’m afraid this separation has been on my agenda for some time. You just couldn’t see it coming, that’s all.” Her eyes couldn’t hold his penetrating gaze. “Your suspension from the Bar has finally provided me with the opportunity to do something about it.” She took a deep breath and blurted it out. “Besides, there’s someone else.”

  The words sent his emotions reeling. “Someone else?” He recoiled in disbelief.

  “Yes.” Her expression turned to one of growing confidence. “There has been for some time.”

  The truth came crashing down around him in excruciating clarity. Fury bubbled so hot within, he could feel it searing under his skin. He took a step toward her and glared. “You two timing slut,” he spat. “Who is the bloody son of a bitch.”

  Fiona stood her ground, glaring back at him in defiance. “Walter Graham.”

  He stopped in his tracks, totally flabbergasted. “Walter Graham?” He began to laugh angrily. “Walter Graham!” he exploded. “What a stupid bloody drongo. I’m surprised he can get it up.”

  She pursed her lips. “Just like someone raised in the gutter to utter such words. It may surprise you, but there’s more to a relationship than sex.”

  “You sanctimonious bitch,” he snapped back bitterly. “What about fidelity? Isn’t that the most important thing in a marriage?”

  “I’ve had enough of this.” Her face flushed. “I’ll be leaving in the morning and I’ll be taking the girls.”

  “The girls.” Henry’s mouth fell open. He was starting to feel overwhelmed. In all the heated discussion, he’d overlooked them. “I’ll fight you for their custody.�
�� His lips tightened.

  “And you’ll lose, you stupid man. You can no longer practice law, and my future husband is one of the city’s leading barristers,” she added proudly. “You have been disbarred, no income, no prospects, and your reputation is in tatters.” She laughed harshly. “No judge would give you custody. I’ll leave it up to you to arrange the splitting of our assets. I certainly expect at least fifty per cent. We will talk about maintenance payments for the girls in the future. Good night,” she added tightly and strode from the room, leaving Henry in a daze.

  He felt as if he’d been transported to a place where nothing was as he expected. In one day, his entire world had fallen apart.

  ***

  The divorce included the sale of their comfortable home, located one street from the Brisbane River, in the elite suburb of Ascot. Henry moved into a unit in close proximity to the city. Through a legal contact, he was able to land a position as a law clerk. What a come down

  Each day, he would rise early and catch a bus into the city where he would sit at a desk from eight forty-five am to five pm, and use the same bus service to travel back to his townhouse. Every second weekend, he would have his teenage daughters stay over at the unit. He ensured he had suitable activities planned to keep them occupied. He’d take them to the movies or to a play or they’d visit the museum. He loved them dearly and enjoyed their company. He was also very proud of his attractive girls - they reminded him of his pretty sister, Cathleen. At least they don’t look like their mother.

  ***

  Two years passed, and there was no change to Henry’s lifestyle. He’d become bored out of his brain, no challenge anymore. It was difficult for him to remember how he actually drifted into alcoholism. He thought it began with a few lunch time beers with his office colleagues. The situation soon progressed to drinks every day after work, then to having liquor at his home. Every second day, he would replace the cheap empty red wine cask in his refrigerator with another.

  In spite of the cravings, when his children visited, he refrained from drinking. One Saturday morning, they made an unexpected visit. Henry opened the front door dressed in his pajamas, stupefied with drink. His daughters were appalled. “Lisa, Michelle.” He swayed back and forth. “You’re here. How come?”

  “Oh, Dad.” Lisa’s shoulders slumped with dejection. “I needed to talk to you about something important.” A small tear escaped.

  “Don’t cry, love.” He tried to hug her.

  She pushed him away. “Why did you and Mum break up?” Her voice rose. “Why did she leave you for him? What did we do to cause it?” She searched his face. “Don’t you understand, Dad, I’m frightened and I need to talk to you.” She turned away, taking Michelle by the arm and leading her to the gate.

  Through the alcoholic haze, Henry struggled to understand what on earth she was talking about. He hated to see her upset, but had no comprehension of why she should feel that way.

  Henry’s drunkenness in the presence of both his daughters was the excuse his former wife needed. She had her new husband apply to the Family Court for a suspension of Henry’s visiting rights. The application was granted.

  Over the following weeks, Henry heard reports about his daughters, unflattering reports which concerned him deeply. A legal colleague, whose wife remained a close friend of Fiona, had informed him that both girls had been caught shoplifting while browsing at Myers in the Brisbane Mall. He felt his breath catch. I don’t believe it! Lisa had also been temporarily suspended from the prestigious All Hallows School for smoking pot in the toilet. Taking into consideration his daughters’ previous exemplary behavior, Henry found the reports difficult to come to terms with. He phoned Fiona to make inquiries.

  “No, that’s not true,” she told him. “I don’t know who initiates these stories.”

  “Then there’s no truth in them.” He felt relieved, at the same time suspicious. Fiona lies so easily.

  “I’d like to speak to them, Fiona, just to make sure everything is alright with them.”

  “I’m sorry, Henry, I cannot allow that.” The line went dead.

  Worrying reports concerning their behavior continued to come to his attention yet he was in no position to do anything about it. So bloody frustrating. To exacerbate the situation, as a disbarred barrister, he couldn’t go against a court order. I’d end up in the jug. But they are my girls. I love them. I’m their father and I’m responsible for them. He wrote long letters to Lisa and Michelle, but received no reply.

  Losing the girls from his life brought Henry to his senses. He knew he had to stop feeling sorry for himself and to also do something about his drinking problem. It’s slowly ruining my life. He sought counseling and joined Alcoholics Anonymous. From that day onward, he refrained from drinking alcohol of any form. During his flirtation with alcohol, Henry was fortunate to retain his position as a law clerk. Although concerned by his unseemly behavior, the partners had kept him on. No one in the practice could spot holes in a legal argument better than Henry Flanagan. Once they noticed he was once again himself, they took full advantage of his legal expertise, handing him briefs and asking him to pick out the relevant weaknesses in the opposition’s case. For providing such a service, Henry was paid handsomely.

  Chapter Six

  Following her disturbing visit to Pukka Correctional centre, Judy found she couldn’t sleep. With Jim’s situation in prison, as well as the dealership, she had too much on her mind. She contacted the Minister for Corrective Services and gave details of the assault on her husband. She was informed her complaints would be investigated. She knew she was wasting her time. Damn politicians. Whatmore can I do?

  She phoned her state member of parliament who promised he would make certain inquiries on her behalf concerning the unfortunate assault on her husband. From his disinterested tone, Judy knew he would do little, if anything on her behalf. He seemed less than sympathetic to those serving time in prison, even if the offense wasn’t considered serious. He was also a member of the party that currently held power in Queensland. He wouldn’t want to rock the political boat. What more could she do?

  Every time she closed her eyes, all she could see was the shattered look on her husband’s bruised and battered face. In prison, he’d been defiled in the most despicable, painful way and someone needed to pay for that. She gritted her teeth, punched her pillow, tossed and turned, her mind desperately seeking and answer to her problem. There must be something, some avenue of redress, she silently prayed. Punching her pillow once more, she determined to follow the matter up in the morning.

  ***

  Judy phoned their solicitor, Jerry Adams, and briefly explained what had happened to Jim.

  “My God! I can’t believe it.”

  She told him of her complaints to the Minister’s office and the local Member and their lack of interest.

  “Can we take legal action against them, Jerry?”

  For a long moment the phone remained silent. “If you did, Judy, you’d be taking on the resources of a huge international conglomerate, not to mention that of the State Government of Queensland. I’m afraid they also have inbuilt legal protection in such cases.”

  “Surely there must be something we can do,” she pleaded.

  “Look, a chap I went to university with was a leading barrister before being, in my opinion, unjustly disbarred for five years.” His voice sounded more positive. “He’s brilliant at finding holes in legal briefs and existing legislation. In my opinion, there’s no one better in the legal profession here in Queensland. The truth is, if he hadn’t been disbarred at the time, I would have recommended him for Jim’s trial in the first place. I know he is on the lookout for important briefs at the moment. He loathes the Premier and the Queensland government with a passion. He might be worth a try.”

  “Thanks Jerry. What’s his name?” she asked, relief in her voice.<
br />
  “Henry Flanagan.” He passed on the necessary details.

  ***

  It was mid-morning when Judy walked uncertainly into the plainly decorated outer office of Henry Flanagan’s legal practice. Letting her eyes drift, she noticed chipped paint on the walls and the dilapidated furniture. With every passing second, she felt her confidence evaporating. Was she doing the right thing? The government and the prison had unlimited access to funds while she and Jim now had virtually nothing.

  As Judy approached the reception desk, her attention was drawn to a vase of freshly picked red roses.

  A beautiful, blond-headed woman, fortyish in age, rose from a chair and held out her hand. “You must be Mrs. Rankin.” She smiled warmly, taking Judy’s hand in a firm grip. “I’m Elaine Slater, Mr. Flanagan assistant. He won’t be long,” she assured her. “You’ve driven all the way down from Dalby. You must be dying for a cup of tea or coffee.”

  “Thanks.” Judy couldn’t stop her hands from trembling. “Coffee would be nice. White with no sugar.”

  “Coming up.” Elaine could see this prospective client was particularly nervous. She pointed to a chair. “Why don’t you sit down and relax while I make the coffee. Mr. Flanagan is a very nice man and easy to talk to.”

  Just as Judy took her last sip, the door to the inner office swung open. A male client emerged followed by Henry Flanagan who strode confidently into the outer office. “Mrs. Rankin?” He beckoned to her. “Please come into my office.”