by Herb Hamlet
Justice Barrow looked up from his notes and turned his attention to the jury. “The short summations by Mr. Graham for the defense and Mr. Flanagan for the Plaintiff have clearly outlined your choices in this case, ladies and gentlemen. If you believe Doctor Simpson’s testimony, you must then decide whether the Department of Corrective Services or International Correctional Services have in any way breached their duty of care responsibilities to the deceased inmate, James Rankin. If you don’t believe Doctor Simpson’s testimony, I must remind you that no other evidence has been produced that the assault on Mr. Rankin actually occurred on the sixth of April this year. In that case, duty of care is not really an issue. Ladies and gentlemen, if you make a decision in favor of the Plaintiff, you must also consider the amount of compensation that should be paid. Now please retire and consider your verdict.”
Chapter Nineteen
“Do you think they’ll take long?” Judy asked as they sat in a waiting room.
“No, I don’t think so, Judy. It is pretty clear cut.”
She beamed at him. “I think you’ve done it.”
“I hope so, Judy. I hope so.”
“You were wonderful in there.”
“Oh I don’t know. It was just fortunate that Dick was able to get Doctor Simpson down here to give his evidence. Otherwise we would have been well and truly stuffed. Dick’s the hero, not me.” He rose. “Excuse me, I’m just stepping outside to make a phone call.”
In the corridor, Henry used his mobile phone to contact Elaine. No matter how many times he dialed, there was no answer. No voice mails either. My darling, where are you? I’ll call around to her unit after the verdict. I must apologise. I can’t bloody well believe I said such an awful thing to her.
There was a commotion at the entrance to the courtroom as people began to shuffle back in. Henry opened the door to the waiting room. “They’re back, Judy. They’ve reached a verdict.” He took her arm and led her back into the court.
After the courtroom was settled, Justice Barrow turned to the Jury. “Mr. Foreperson, you have reached a verdict?”
“Yes, Your Honour.” The bald headed foreman paused for effect.
“And how do you find, Mr. Foreperson?”
“We find in favor of the Plaintiff.”
The courtroom exploded. Walter Graham hung his head while Emily Atkins glowed with satisfaction. Henry squeezed Judy’s hand. Over and over, Justice Barrow brought his gavel down heavily on the pad, calling for order. All quiet, he again turned to the jury. “And what is the amount of compensation the jury has agreed upon?”
The foreperson unfolded the small piece of paper in his hand. He began to read. “Twelve million dollars in all, six million dollars to be paid by the Department of Corrective Services and six million dollars to be paid by International Correctional Services.”
Again, the courtroom was abuzz with excitement. A number of journalists headed for the large double doors at the rear of the room. Again the gavel was brought down hard.
“Order in the court.” Justice Barrow leaned back in his leather chair and seriously eyed the jury. “Ladies and gentlemen of the jury, I consider the twelve million dollars compensation to be excessive, and that you have allowed your emotions to dictate the amount.”
Watching the judge gaze over his spectacles in Judy’s direction, Henry whispered, “Here it comes.”
The eyes of Justice Barrow narrowed. “I am utilising my discretion to set aside the amount of compensation that is payable to the Plaintiff. I am replacing the award of twelve million dollars with a compensation sum of three million dollars, one and a half million dollars to be paid by the Department of Corrective Services and one and a half million dollars to be paid by International Correctional Services.”
Henry was on his feet in an instant. “Your Honour, I must protest in the strongest possible terms.”
“Protest all you like, Mr. Flanagan. My duty is clear.”
“I’ll appeal.” Henry placed his palms on the surface of the table.
“That’s your prerogative, Mr Flanagan.” The judge rose to his feet.
Henry slumped back into his chair and Judy turned to him, her voice full of emotion. “I don’t care about the money, Henry. We won. We won - for Jim.” A small tear trickled down her cheek. “That’s all I care about.”
“I don’t care either, Judy.” He grinned.
She was bewildered. “But that business to appeal the amount of compensation?”
“Oh that.” He gave a short laugh. “That’s just expected.”
***
Henry brought the Volvo to a halt outside Elaine’s unit complex, jumped out and ran up the stairs to press the doorbell. He looked around and frowned. He pressed the bell again and rapped on the front door. She’s not here. Where is she?
Descending the stairs, he heard a female voice behind him. “Are you looking for Elaine?”
He swung around to find a casually dressed woman aged in her thirties standing in the doorway of the unit adjacent to Elaine’s. “Yes, I am.” He gazed back blinking, using his hand to shield his eyes from the sum.
“I’m afraid she moved out early this morning,” she reported in an even tone.
“Moved out?”
“Yes. A small removal van was here at seven.”
Dumbfounded, Henry didn’t know what to say.
“I don’t know why,” she went on, “but she seemed to be very upset when she said goodbye to me.”
Making his way back to the Volvo, Henry was filled with mixed emotions. He couldn’t believe she’d simply walked out of his life. A penetrating empty numbness enveloped him. Gone! Bloody hell, what have I done to her? He needed help. Dick! Yes, Dick will find her. Shit, he’s looking for the girls. I must find them first.
***
Almost home, Henry’s mobile phone began to ring. He pulled over to the side of the road. “Flanagan,” he answered impatiently.
“Henry, it’s Dick. I’ve found them.”
“Thank God.” There was immense relief in his voice. “Where were they?”
“Living at a youth hostel down at Redcliffe.”
“Are they all right?” Please God, let them be.
“Yeah, apart from being really pissed off at me,” he chuckled lightly.
“Where are you now, Dick?”
“I’m right outside your unit. The girls are with me.”
“Right, I’ll be there in a couple of minutes.”
***
Dick Argent, accompanied by Lisa and Michelle, were waiting by the front door of his unit. As Henry approached, his two daughters steadfastly refused to look him in the eye. He could tell they’d been crying.
After thanking Dick and seeing him on his way, Henry ushered the girls inside. “Right, let’s all sit down and have a little powwow over this disappearing trick of yours, shall we?” He pointed to the straight backed chairs at the dining table. “Now, what the hell is going on with you pair?” He searched their faces.
“I knew you’d take that attitude, Dad,” Lisa replied sternly, placing a protective arm around Michelle’s shoulders.
“I’m sorry, love.” Henry sighed, taking a deep breath. “But I’ve been worried out of my mind over your disappearance, not to mention the fact I was also in the middle of a very important case.”
“Your work always came before us,” Lisa said petulantly knowing her claim to be false.
“That’s not true, Lisa, and you know it,” he replied sharply. “You know the Family Court terminated my visitation rights.”
“Because you were an alcoholic, Daddy,” Michelle’s quietly accused him.
“Yes, I’m afraid I was. I’m also very embarrassed about it. But I’ve straightened myself out and I’ve applied to the court for a resumption of my rights to s
ee you.” He exhaled slowly. “You might not believe it, but I love you both so very much.”
“It’s easy to say the words, Dad.” Lisa’s words dripped with sarcasm.
“Right, let’s talk about it,” he said calmly.
“Talk about what?”
“Alright, since your mother and I split up, you’ve both been accused of the following.” He began counting on his fingers. “Shoplifting, vandalism, downright rudeness to people and truancy from your school. This unseemly behavior is out of character with the two daughters I know and love. Something is affecting your behavior and is making you do these things. What is it?”
“It’s nothing.” Lisa looked away, unable to meet his eyes.
“Michelle.” He eyed his younger daughter.
The stern tone in her father’s voice brought tears. “I don’t know,” she wavered.
“Now look what you’ve done now.” Lisa pulled her sister closer.
Henry would not desist. “No, I don’t accept that.” His eyes narrowed. “Is something upsetting you at home?”
“What do you mean?” Her lips trembled.
“Something is going on at home, something that is worrying you. I’m a barrister, I can feel it.”
“Y...Your w...wrong, Dad,” she stammered lifting her right hand to her lips.
Henry leaned forward. He knew he’d hit a raw nerve. “Yes, it is, sweetheart. Please tell me.” He watched the face of his seventeen year old daughter crumble.
“Oh Dad.” Lisa placed her head down on her arms weeping bitterly and trembling. Henry kneeled beside her, pulling her toward him in a fierce protective embrace until she was once again quiet. She used her handkerchief to wipe away the last tear.
“Now tell me, sweetheart.” His arm draped over her shoulder.
“Oh, Dad, it’s been so terrible for Michelle and me.” She gritted her teeth and continued. “Right from when we first moved into his house, Walter made it very clear he didn’t want the two of us there with him and Mum. We were in the way. To make matters worse, he was always leering at me.” She shuddered. “It gave me the creeps. Oh, he would be on his best behavior in front of Mum, but when she wasn’t around, he would be horrible and start leering at me again.” Lisa’s eyes could not meet her father’s. “And then he started coming into my bedroom at night.”
“What!” Henry sprang to his feet.
“No, don’t worry, Dad, nothing happened.” She hesitated. “No, he would just sit on my bed and tell me how much he wished we would leave. He said we reminded him of you.”
“Then Graham didn’t touch you.” Relief swept over him.
“I think deep down he wanted to. There was one night when he started rubbing my leg, but I told him to stop - and he did. I was worried he might try something with Michelle.”
“Why didn’t you tell me?”
“I was going to tell you that day we found you drunk. Then we didn’t see you, did we?”
“I’m sorry, my little sweethearts.” Guilt swept over him. “I’ve let you down.”
***
The elegant Ascot mansion overlooking the shimmering surface of the Brisbane River was imposing, to say the least. Oblivious to the finely manicured blue couch lawns and trimmed hedges, Henry brought the Volvo to a halt in the driveway. Striding up the tiled pathway to the front door, even the heavy perfume emanating from a large display of orange and white Jasmine failed to distract him from the important task at hand. He ran up three tiled steps to knock loudly on the imposing double doors. In his current frame of mind, the antique door chime was never an option.
The door was opened by a ruddy faced woman aged in her forties, dressed in the attire of a domestic. “Yes, sir?”
“Is Mr. Graham in?” Henry asked politely.
“Yes sir, he’s in the library with Mrs. Graham.” Her tone perfunctory. “Your name, please. I’ll inform them you are here.”
“Don’t bother, they’re expecting me.” His voice remained courteous.
“I’ll show you the way.”
“No need, I know the way, thank you.”
“As you like, sir.”
Henry strode through the doorway of the library and stood motionless for a few moments. The startled expression on the faces of its two occupants gave him a degree of satisfaction. Not enough! He stepped forward and they rose as one from the carved, regency chairs in which they’d been seated.
“Flanagan, what the hell are you doing in my home?” Graham’s tone was uncharacteristically aggressive.
“I’ll deal with you in a moment, shithead.” Henry waved a hand dismissively in his direction. “I want to see her first.” He looked at his ex-wife with contempt. “The girls are safe.”
“Where are they?” Fiona looked expectantly toward the door.
“They’re at my place,” he growled.
“Why didn’t you bring them with you?” she accused.
“Because they aren’t coming back to this house,” he snapped back. “From now on, they live with me.”
“Like hell they will.” Her pupils became pinpoints of fury. “I’ll take you to the Family Court and with your record, I’ll have them back immediately.”
“Then take me there, Fiona. I really hope you do,” he snarled, turning his attention to Walter Graham. “I’ll have Lisa called as a witness. She can inform the court that your husband here told her and Michelle on a regular basis, he wished they didn’t live in his home.”
“That’s a downright lie.” Graham’s eyes narrowed.
Henry’s lips became a thin line. “And she can also tell the court of his leering at her and of his night time visits to her bedroom.”
“What?” Fiona began. “I don’t believe it!”
“Oh, don’t worry, he didn’t rape her or anything,” Henry conceded. “But he did rub her leg on one occasion.”
“She’s lying,” Graham yelled.
“Listen, shithead, you’re teetering on the brink of a good thrashing. You accuse my daughter of lying once more and you won’t get up for a week, do you bloody well understand?” He took a threatening step toward Graham who backed away.
“Your gutter upbringing always shows through, doesn’t it Henry?” Fiona gazed around the palatial furnished room, her mind made up in an instant. “In this matter, I believe my husband.”
“But the Family Court won’t and I’ll get custody of Lisa and Michelle.”
A sweet smile lit her face. “I’ve decided I won’t take you to court after all, Henry. If you wish, the girls can live with you in your pathetic little unit. They’ll certainly hate living there. You can be the one who has to deal with the police over their shoplifting and vandalism. And you can answer to the school over their constant misbehavior and truancy. You’ll soon tire of it all and you’ll be begging for me to take them back.” She gave a short, ugly laugh.
“I don’t think so, Fiona,” he replied. “I don’t think so.”
***
That night, Henry phoned Dick Argent. “Thank you for finding the girls, mate.”
“That’s all right, Henry.” He grinned. “You’ll get my bill.”
He didn’t know how to go on. “Elaine has left her unit and I don’t know where she’s gone.”
Dick sounded genuinely surprised. “It’s none of my business, but did you have a tiff or something?”
“I did say something I’m sure was very hurtful to her, but I didn’t think she’d leave me over it.” He sighed.
“Women.” He continued to chuckle. “You can never tell.”
“Find her for me, please Dick.”
Just as he replaced the receiver, Henry’s doorbell rang. His heart missed a beat. Elaine
“I’ll get it, Dad.” Lisa jumped up from the couch where she’d been watching te
levision. She drew back the front door and her mouth hung open in surprise. Throwing herself into the outstretched arms of their visitor, she screamed, “Granddad,” just as Michelle joined in. Liam Flanagan brought both arms around his granddaughters, hugging them tightly. “Lisa, Michelle, my little darlin’s. I can’t believe it. “ His Irish accent caressed them. It’d been so long since they’d seen him. “What are you doin’ here? I t’ought you lived with your mother.”
“Not anymore.” That was as far as Lisa was allowed to proceed.
“Dad!” Henry strode forward. “What the bloody hell!”
“A nice way of greeting your father, that is, Henry Flanagan.” Liam turned to the girls. “Lassies, I need to talk to your father about something personal. I’ll be with you in a few moments.”
Henry led his father to the dining table, while Lisa and Michelle returned to the television program.
“What’s up, Dad? Where’s Mum? Is something wrong?” Henry’s questions fell over themselves in his rush to find out why his father had arrived on his doorstep.
“Nothing is wrong with us, Henry. And your mother is fine, don’t worry. I drove all the way up because I needed to talk to you face to face.” Liam’s eyes narrowed as they always did when he had something important to say to one of his children. “You know Elaine and me keep in touch?” He hesitated as Henry nodded. “Well, she phoned me to say she’d left Brisbane, and you.” Liam hesitated. “You silly, bloody fool.”
Henry rose from the dining chair. “I don’t need this crap from you right now, Dad’” he snapped. “I’m trying my best to find her. I can’t believe she left me over the little thing I said to her. I know I shouldn’t have said it, but surely we could have talked about it.”