It sounded simple now but it had taken almost three years to put it all together. In the process they had gone to Broome and collected evidence from the school and other people in the community about the actions of them all there, testimony from the school principal about Dan’s visit to Cathy, testimony from Alice about his visit to the restaurant, the meeting of all the men in Broome a week later. Then there was testimony of the mother and brother of Mimi in Newcastle and testimony of the Alicia in Sydney along with testimony of others in the company office, who had provided more pieces of corroborating evidence.
Once the investigation had become known there had been endless obstruction and obfuscation, particularly after they seized the photos. She sensed that these men were now running scared and were prepared to use every tactic, legal and illegal, to seek to escape the net. But now it had finally become a solid wall of evidence.
Nobody could foresee any problems and now the hearing was set to start on Monday for the first case, three charges of rape along with additional charges of carnal knowledge with persons under 16, against a Mr Martin Wallis.
Monday dawned bright and clear. A veritable army of lawyers and reporters was waiting outside the court before the doors opened. It was to be a preliminary stage this morning, presentation of initial arguments before a judge, then empanelling a jury.
Their barrister stood before the judge. He stated his case and laid out the charges.
Julie was curious how the other side would respond, the evidence seemed so clear to her. What she heard took her by surprise.
The defence barrister stood up and said. “Your honour, I move to have these charges dismissed. This is on the basis that this is a case of attempted entrapment by a person, Miss Julie McCredie, who has taken a personal dislike against the defendant and his friends.
Because of this she has gone about soliciting the assistance of others to fabricate evidence against Mr Wallis and his friends. None of these cases would have come to trial in this court if it was not for her actions in soliciting many persons of highly dubious character to come forward and fabricate evidence.
I wish to show to your honour a series of letters and documents including a letter from Miss McCredie asking her friend Lizzie Renford to make a statement against my client. I also tender two advertisements in the Sydney and Newcastle papers encouraging people who have been subject to sexual attacks or violence to come forward and provide Miss McCredie with information on their experiences. While there is not a mention of money Miss McCredie has also provided financial assistance to these witnesses as an incentive for them to make up these stories.
So your honour, I consider that the only way you can rule is that this is a case of purposeful entrapment where all the key witnesses for the prosecution have had their evidence solicited and even paid for by this vindictive woman.
It is well known that she is a crusader for women’ rights and goes about seeking that charges be laid against those who she claims have had sex with non-consenting women despite all the evidence indicating that these women give themselves willingly. In this particular case this is shown clearly by these girls’ sexual proclivities, including two having worked as prostitutes and the third having taken a large payment in return for sex.
On this basis I call for you to dismiss this case and also make a recommendation that the Director of Public Prosecution to also not proceed with charges against the other named parties.
Julie felt as if she had been struck by a rock in the head, nobody on her side had even considered this as an issue; surely it was not a basis on which the judge would have to do more than make a cursory rejection as yet another piece of avoidance.
She had heard a rumour that the judge had a family association with the Wallis family and in the past had been heard to comment that Martin was a fine young man. But surely this could not influence his decision as he sat on the bench and upheld the law of the land.
But now he was reading the submission handed to him closely and he looked like he was giving it serious thought. After a minute he announced that he needed to call an adjournment for an hour while he considered this request and looked up some matters of the law in this regard. They all filed out of court. She could see a gloating look on the face of Martin, as well as similar looks on the faces of Dan, Will and Jack who walked out alongside him.
Outside in the street she felt a buzz of excitement at this unexpected development. She knew that everyone was looking at her; it was all about her and the question of whether she had let her desire for vengeance lead her to gather evidence in some way that was not proper. Even though her mind said what she did was honourable, she had a sinking feeling.
An hour later all reconvened. Julie could feel her knees shaking.
Without any preliminaries the judge started speaking. It took a few seconds for Julie’s mind to catch up with his words.
“I have considered the request of the defence and I rule in its favour. This case is now dismissed. I also make a recommendation that the similar charges against the other two co-named defendants are withdrawn.”
He then went on to make remarks about the prosecution’s conduct of the case and Julie’s role in soliciting evidence, but Julie was past hearing. All she could see was the gloating smirks of these four men as they walked from court, and much worse, in her mind were the hurt and desperate faces of these girls who had trusted her. She also felt she had failed all the thousands of other girls who had looked to them for courage.
Chapter 24 - Vindication
Yesterday had been a bitter disappointment to Julie, though Lizzie seemed to accept this as just a part of life’s ups and downs. Julie’s only consolation was a flood of support that had come from close friends and colleagues. There was also a well spring of public opinion in the editorials and letters against this decision.
The dismissal of the court case was something that really rankled with Julie, she had assembled her evidence through years of patient investigation, she had found a lawyer who believed in her and the justice of the cause, she had persuaded the public prosecutor to put together a brief of evidence against these three evil men, she had surmounted endless obstacles, threats and inertia to get the cases listed for trial, and to see these three men, along with their evil friend, standing in court. She knew they all needed to have their separate trials, the one who was charged with leading the offences and his two accomplices who faced similar charges, but were really just his patsies.
Then, to watch it all come unstuck in the first hour of the trial, really it was just the time for opening submissions, when the other side had used a technicality, which the judge had allowed, to rip their case apart.
The surprise from all in the court, particularly families and reporters, when this flimsy technicality was used to dismiss the case before any further consideration, ruling the whole basis of the charges as unsound, and determining that the defendant should be discharged, forthwith, no conviction recorded. Then, adding insult to injury, the judge had publicly censured the prosecution and her for bringing what he considered was an ill founded and ill prepared case.
It was front page headlines today, “Martin Wallis acquitted, judge dismisses case before any evidence is heard and censures prosecution for ill-founded, vindictive case.” This lead article chose to cast no judgement on whether this decision was good or bad.
The paper also announced that the Director of Public Prosecutions had accepted the judge’s recommendations and had withdrawn charges against the other named men in the related cases. So effectively all cases had been dismissed.
The rage was burning inside Julie now; she could taste that sour taste of failure, bitter in the back of her throat. It made her feel like gagging when she thought of these three horrible men, walking from the court with their glowing smirks, giving her an obscene sign, as they savoured their victory.
She had thought of staying in bed this morning, this loss had made her work seem so pointless, the bad guys always won. But, driven
by her nascent rage, she had gone into the office, trying to maintain a brave defiance to this shambolic situation.
As she walked to her desk she could almost sense the gloating of the women haters, those backward men in the office, the ones who had made so many ‘behind the back’ sneers, as the years had passed, whenever she had sought to pursue these issues. However she knew there was also strong support for her from others who worked away quietly at their own desks, both men and women; those young women who themselves had been threatened or worse by men like these, the fathers and mothers of daughters like Lizzie, Miranda and Alicia. She sensed a vast well of support against this judicial outrage and it roused her courage.
On her desk was a folded note. She picked it up absently, barely paying attention. It was from her editor, Michael Daly, who she knew was her staunch ally. “Please come to my office ASAP. Have been discussing with the MD and lawyers some options for not letting the bad guys win.” Julie took a deep breath, she dared not hope, but could it be there was a way forward?
Michael was deep in conversation with two lawyers when she went in; Melissa their in-house counsel, and an older man she did not know personally, but recognised as a well respected Queens Counsel from her days in the courts. She stood and listened quietly.
Michael was speaking. “Well, if I understand you correctly it is not defamatory to print something that will be hugely offensive to the men concerned, provided it satisfies a public interest test and if it is also demonstrably true. And you are satisfied that the public interest test is easily met, now that the judge has dismissed the case and it is no longer before the court, and it is also demonstrably true as evidenced by the sworn affidavits of these three girls, particularly the testimony of Lizzie, including her age when her child was born.”
The barrister was nodding his head. “Yes that is my advice.” With that he packed up his papers and walked out the door, closely followed by the house counsel.
Michael waved Julie to a chair, then walked over, closed the door, and sat down alongside her. “I don’t know how much you got of that, but this matter is far from finished, we might have lost in a court of law but now we can go to the court of public opinion and tell the full story that we could not tell before when they were facing charges,” he said.
“Now you need to write and we will print the story that lives in all those files. I was thinking of two articles, one which is a summary of the evidence against these three men which the jury never got to hear, because of the actions of the judge. The second, if your friend will agree to it, is the remarkable tale of that young woman, Lizzie, whose name I have read for months but who I have only had the pleasure to meet in the last few days.
I know you have already made a start on this, the rebuilding of the reputation of your friend. Who could ever forget that wonderful piece you wrote about her almost two years ago when you first made a part of her story known to the public. The response to that was huge. Now you must tell the full story, the parts you left out and of her continuing courage.
I never told you before, but many years ago I knew her father slightly, his father and mine were close friends. I would not live well with these two men’s memories if I did not tell the daughters tale. She is a woman of rare bravery. Her story, more than anything, will bring justice, through the opinions and actions of that broad jury we call the peoples of this city, state and country.
They will now get to pass their own judgement. When it is done I think these men may well wish that they had instead stood before the judgement of the court. I have discussed this with the Managing Director of the paper. Despite being a naturally cautious man he has said he is with me all the way on this one. Plus he knows it will make great copy.
Julie returned to her desk and sat down to write the story.
Chapter 25- Lizzies Tale
Two days later, a large Sydney Morning Herald headline screamed out from the newsstands:
‘Child Rapist - Prominent business man Martin Wallis dodges Justice Incontrovertible evidence of their role in the rape of two fourteen year old and one fifteen year old girls in Sydney over the last ten years ago never made it to court three days ago. Mr Martin Wallis and two other prominent Sydney businessmen used a legal technicality to avoid facing charges of rape in the Sydney Supreme Court on Monday this week.
As reported in this paper the judge used a legal technicality to dismiss charges against three men, Mr Martin Wallis, Mr Daniel Ashcroft and Mr William Brown, determining that almost all the evidence was inadmissible and therefore the case would not proceed to trial.
This decision has defeated the hope of justice for these three girls, despite each being brutally raped, in a pre-planned and calculated matter by these three men. This denial of justice has occurred despite sworn statements clearly identifying these men and telling of their actions, both by these girls and by many other witnesses who have corroborated these events. There is also clear photographic evidence of these men’s crimes.
Previously the Herald has not been able to publish these details due to the cases being before Court. However now all these cases have been dismissed the Herald is free to publish the results of its own investigations into the actions of these three vile and cowardly men. It encourages these men to sue it for defamation if they consider they have grounds. It would look forward to this evidence being tested in court should this arise.
In the meantime this publication is the only way the Herald sees for a measure of justice to be given to these three brave girls who, despite many threats and intimidation, have come forward to tell their stories.
For those of you, our readers, who feel the same level of outrage we do, please make these sentiments known to your elected representatives. Demand they fix this legal nonsense.
Based on this travesty of justice the Herald calls on the Attorney General to investigate laying new charges against these men.
It also calls on the publicly listed company Newcastle Transport, for which Mr Martin Wallis is Executive Director, to take prompt action to terminate his appointment in this role, as one unfit for such a position.
For full story see Page 3. For the story of one of these incredibly courageous girls, and how she had rebuilt her life after this awful event see ‘Lizzie’s Tale’ on Page 5. This gives the true and full story of the school friend of our investigative reporter, Julie McCredie, which was featured two years ago as “Sophie’s Story” to huge public interest. You may feel you already know the tale of this remarkable woman, now read how it really happened.
Some readers turned to page three and read the lurid details. Most turned to page five and read Lizzie’s Tale. Many could be seen sitting on park benches, with the newspapers open on their laps, some with tears running down their cheeks.
Lizzies Tale – Story by Julie McCredie
I tell this story of my friend, Lizzie and how I betrayed her, to my ongoing shame. Lizzie was the brightest girl in my class and my best friend at Balmain High School in 1963. We did our intermediate certificate together and she was dux of the year. She had her life before her and her future was bright even though her family was poor, just a mother and a small brother. Her father died in an accident six years earlier. Now to help her mother pay the bills she worked all her free time, ironing, baby-sitting, doing laundry; anything that paid money. She had little time to study but she still got top marks
On the Saturday after the school year finished I went to her fifteenth birthday party. She was so proud and happy, her mother had scrimped and saved everything she owned to buy Lizzie a beautiful dress; a dress her Dad would have been proud to see Lizzie wearing.
At this party I introduced Lizzie to my friend Carl Richards. Through him she was introduced Martin Wallis and his two friends, Dan and Will. I did not really like or trust them but I never tried to warn or protect Lizzie from them, she was just a naïve and trusting teenager. She had barely met any boys before as she had been so busy working.
They invited her to come to a
party the next weekend. As I wanted to go with Carl and needed Lizzie to help me trick my parents into letting me go, I encouraged her to come too. On the way to the party, Martin took us to a hotel in Darlinghurst. There he plied Lizzie with glasses of sherry. Lizzie had never tried sherry before. I could see she was getting drunk.
Then at the party I went off with Carl and left Lizzie with these three men. They continued to give her champagne to drink. I could see she was getting really tipsy and unsteady on her feet, but I did not try to look after her. Later I looked for her but she had disappeared, along with Martin and his friends.
An hour later Martin was back but there was no Lizzie, he said Lizzie had gone home sick, catching the bus. He had a funny grin on his face, as did his friends, like they seemed really pleased with something they had done.
Next day I went to Lizzie’s house to see how she was. She did not want to see me but when her mother let me in she was lying on her bed, crying and crying. She told me to go away, she would not tell me what had happened and I did not really try to find out.
Lizzie dropped out of school, stopped seeing her friends, got a job at a factory. No one could understand what had happened to this beautiful and happy girl, we forgot about her.
The next time I saw Lizzie was seven months later. One winter’s day Lizzie came to see me at boarding school. She said she wanted to say goodbye and was sorry for being awful to me, she was going to Melbourne to live, just by herself. She had saved seventy pounds at the factory. Lizzie was now seven months pregnant. She asked me to tell her mother. She was determined to have the baby. She knew if she stayed in Sydney she would be forced to give up her baby for adoption.
Lizzie's Tale Page 17