by Robin Bowles
I had some sympathy. I have so much open on my computer at any one time that if I disappeared, it would be impossible for anyone to search for clues.
Ms Siemensma went on, ‘So that access is at 6.19 p.m. And then Dr Handsjuk rings at 6.51 p.m. And you don’t say anything to him about the blood on the computer keyboard or the glass?’
‘No, our discussion was brief and my main focus was her whereabouts.’
‘But if you’re both concerned, you didn’t mention it?’
‘Not at the time.’
‘Matthew Flinn, one of your colleagues, has made a statement saying that he called you at about 7 p.m. that evening; is that correct?’
‘Yes.’
‘The computer is next used at 7.01 p.m. and iMovie is accessed. This is an editing program. Do you recall what you were doing at that time?’
‘No, I don’t.’
She read back to him from his statement, where he said he’d fed the dog, had a cigarette and a beer, then called the Golden Triangle at 7.20 p.m. and ordered a meal.
Then, she said, ‘Len rang back at 7.28 p.m. and you spoke for three minutes. Len says he suggested you should contact the concierge and see if anyone had seen Phoebe. Do you recall that?’
‘Not specifically. I remember talking to Len, though.’
‘And you have no reason to doubt that if he says he told you that, he’s telling the truth? Did you go down and try and find the concierge?’
‘Not at that point, no.’
Ms Siemensma talked about more computer use at 7.39 and 7.40 p.m., but Ant couldn’t remember what he was doing. Hardly surprising, it was getting on for three years ago.
At 8.03 p.m. the meal arrived, and Ant went downstairs to see what was going on.
Police photos taken later in the evening showed a laptop open on the dining table. He said it was his work laptop, and he may have used it when Matthew Flinn rang, if the call was about a work-related issue.
He said that Phoebe’s laptop wasn’t used and was kept in a cupboard. When Ms Siemensma told him that Phoebe’s emails on that laptop had been deleted, he said he knew nothing about that.
‘On Wednesday night, 1 December, you spoke about the overseas trip?’ Ant said they did.
‘There’s a text message to Phoebe’s iPhone on 22 November from your iPhone saying, “Tomorrow is 28 days until Paris, I hope you will still be my partner for this adventure.” Was it uncertain at that time as to whether Phoebe would be going to Paris with you?’
He said, ‘It’s possible, yes, it’s possible. I sent that at a time when she was coming and going for a couple of days at a time, so yes, that’s possible.’
Ms Siemensma went through all the events Phoebe would have been looking forward to: her mum coming back from the Western Desert; all the family birthdays; her grandmother coming to Melbourne; and Linda Cohen’s birthday. Was there any discussion about all those events or plans for the future?
‘As I mentioned,’ Ant said, ‘I wasn’t able to have a coherent discussion with her that week. Any proper conversations about any future events would have been the week before, not on the Wednesday night. That night our discussions were very brief. We had spoken about travel, India, but earlier on.’
Ms Siemensma asked Ant if he was ‘part of the plan’ for the trip to India and he replied that it was just a dream. No dates had been discussed.
He was then asked about the household routine of taking the garbage out.
Ant said that he, the weekly cleaner, and Phoebe did it on an as needs basis.
‘Did the cleaner empty the bins on Wednesday, 1 December?’
‘I would assume so.’
‘On the Thursday night did you notice whether any of the apartment bins had rubbish in them?’
‘I don’t recall.’
The questioning turned to access to the apartment. Ms Siemensma wanted to know if a spare key to 1201 was kept in the concierge’s office downstairs.
‘We’d leave a key there occasionally for various reasons. They’d place it in a secure cupboard.’ But he couldn’t remember whether the key was there on 2 December.
The hard questions were coming. I could tell from the next one.
‘Mr Hampel, do you have any knowledge of the circumstances in which Phoebe entered the chute in the twelfth-floor refuse room on 2 December 2010?’
‘Any knowledge of how? No.’
‘Of the circumstances in which?’
‘No.’
‘Had you been in the ground floor refuse room at any time on or before 2 December?’
‘Ah, never have and not to this date, no.’
‘Can you tell His Honour whether you had any involvement whatsoever in the death of Phoebe Handsjuk?’
‘Absolutely not.’ That answer could be taken two ways if you’re a stickler for grammar, I thought before returning to my notes. I wanted to get this down accurately.
Ms Siemensma spoke about the earlier evidence from Linda Cohen that Ant was acting strangely in the days following Phoebe’s death. She’d said she saw Ant using Facebook and acting normally, but when visitors arrived, specifically the Handsjuks, he’d cry and curl up on the couch. ‘And she also said that she sensed that you were turning your emotions on and off. What do you say?’
I wondered how Ant felt about this. Linda and Arch had been just about his closest friends. Why would Linda provide such damaging evidence against him?
‘I think that’s ridiculous and I completely deny it,’ Ant replied. ‘Firstly, yes, I was accessing Facebook because I had a lot of concerned friends who were contacting me. As for my emotions at that time, I was in a state of grief and shock and I would go from … from crying to not crying, to not speaking, to sleeping, to waking, I mean it was a complete roller-coaster.’
He conceded that an observer might understandably see his behaviour as ‘somewhat, you know, changing’.
Fair enough, I thought. None of this evidence would have come as a surprise to him, because Galbally would have had the brief for months, and in any case Ant was in court for Linda’s evidence.
Ms Siemensma then read out the statements from Healey and O’Brien — ‘he appeared to be crying but there were no tears, no mucus’; ‘there were no tears running down his face, nor did it appear that there had been any’; ‘his eyes were not bloodshot or red and his face appeared quite normal’; ‘Hampel offered to type the statement as he was a quick typer.’ She asked, ‘What do you say have to say about that?’
‘I think that’s possible. It was several hours later and I was in complete shock, um, so yes, I would agree.’
But what was he agreeing with? Giving evidence is very stressful, especially if you know people suspect you of something, and giving precise answers is difficult.
‘Finally, Mr Hampel,’ said Ms Siemensma, ‘do you have any further information that may assist His Honour in determining the circumstances of Phoebe’s death?’
‘No, I do not.’
*
Galbally’s turn. He wanted to continue direct examination before Moglia and O’Neill had a go, so that the full picture was brought out, he said.
He asked Ant if he’d known about Phoebe’s depression and alcohol abuse before he’d invited her to live with him.
Ant said he did, but believed they could work through it.
‘Did you ever ask her to leave, or at any time physically abuse her?’
Ant said ‘no’ to both questions, although he said they argued, mostly about her drinking. When Phoebe was like that, he’d learnt it was best to retreat, not to engage in an argument, and try to continue the discussion when she was sober.
I thought about that. It was probably the sensible thing for him to do, but vulnerable people sometimes interpret that behaviour as cutting them off or not caring, which can compound the immediate problem.
<
br /> ‘Between October 2009 to October 2010, did you separate at any time?’
‘No. But after October 2010, there were three or four short breaks of maybe two or three days.’
‘So how would you categorise the last week in terms of the relationship and Phoebe?’
‘It was the worst I’d seen her. She was out so much and drinking too much. It was certainly a trying period.’
Galbally told him the phone records showed he’d rung the landline at the apartment at 11.43 a.m. on 2 December, and over the rest of the day, he’d called the landline and the Nokia.
Ant said that he’d become anxious because Phoebe’s boss hadn’t been able get through to her, and each time he rang the landline, he hoped she’d answer. He said he also tried the Nokia in the hope that it had turned up.
‘Did you ever share your prescription drugs with Phoebe, in particular, Stilnox?
‘No.’
The Coroner had been very quiet during Ant’s evidence, but now he sought some clarification. ‘As I understand it, you became concerned that she had taken two Stilnox tablets and you took the bottle away, so on that occasion you did become aware that she had used those Stilnox?’
‘She told me that she’d taken two sleeping tablets, and because I hadn’t seen a prescription for pills for her, I assumed she might have taken mine, so I took them away from the apartment.’
Galbally continued, ‘On 7 December whilst in your apartment with Linda Cohen, your father turned up with Phoebe’s iPhone. Did the police ask when you’d dropped it in for repair and did you say Thursday morning?’
‘Yes.’
Galbally took him to his references to the ‘shrine’ and the photos of Ant and the cat that were missing from the police photos of the bedside table and asked him to explain why the photos that he’d said were on the table weren’t there in the photographs. ‘Do you know what happened to the photographs that were part of the shrine?’
‘I may have moved them to the bed.’
‘When you arrived home on 2 December you had your own iPhone with you. Where do you normally put it?’
‘Always on the living-room end of the kitchen bench. I would walk in and drop the bag, keys, phone at the far end.’
‘Might your iPhone have been on that bench when the police attended later that night?’
‘Yes.’
‘Mr Hampel, one of the issues under consideration by the Coroner is whether there was any third-party involvement in Phoebe’s death. Given your close relationship with Phoebe, do you know of anyone or anything that suggests third-party involvement?’
‘No, I do not.’
CHAPTER 24
LOOSE ENDS
The inquest was nearly over. Two days to go and then a brief return in October to hear the Homicide Squad’s response to Lorne Campbell’s rendition of their shortcomings. I’d filled one big foolscap book with notes and had tendonitis. But my key to obtaining all the information I can during an inquest or trial has always been to attend every day so I’ll be included in the ‘media handout’ with all the statements. Some things were redacted — phone numbers, or material the Coroner had ruled suppressed — but my stories are based on those documents and my efforts to take down as much as possible, along with my own interviews and research.
Academics and the media often criticise Victorian courts across the jurisdictions for their perceived high-handedness in issuing blanket suppression orders, but generally the courts operate pretty transparently and the judiciary is encouraged to maintain an open system.
After Ant had answered Galbally’s questions, Moglia got to his feet. As he was representing Natalie and the family, he had a considerable burden. The family wanted answers, and his job was to ask the right questions.
He fastened on Ant’s repeated comments about Phoebe’s drinking, telling her ‘this can’t go on’ or ‘we can’t go on like this’. Was it possible ‘that Phoebe might think you were questioning whether the relationship was over?’
‘That’s possible,’ Ant said.
‘Did you always sleep in the same bed?’
‘Yes,’ Ant said. He explained that they used the spare room as ‘a bit of a den so you could be lying there watching TV or reading or writing, or she could nap occasionally as well’.
Ant said he’d discussed his concerns about Phoebe with Natalie and Jeannette, as he began to understand the extent of Phoebe’s problems. It wasn’t ‘often’, as he’d told police, but he said there were several conversations by phone during 2010.
Moglia suggested that Ant had come to appreciate the context and extent of her problems.
‘Yes,’ Ant said, ‘but still with some hope that things would improve.’
‘I want to turn to the dinner at the Rockmans’,’ said Moglia.
Ant said that night was the first time they’d been to dinner there. He agreed that part of his support for Phoebe being active and engaging with people was to encourage her to have social contact and dinner with friends.
‘And if there was drinking at dinner,’ Moglia said, ‘Phoebe’s in a difficult position, I take it, being amongst others drinking, but needing to meet that challenge of having to limit her own drinking?’
‘Yes. Usually she would set a plan to not drink, or have one or two drinks, and I would support that plan. She did definitely try to avoid situations where there was a lot of drinking and also certain people who drank a lot, because it made it more difficult.’
‘So,’ Moglia went on, ‘it wouldn’t be unusual for her to find herself in a situation where people might be drinking wine over dinner, leading to tension. She’d be in a bit of a bind — wants to be there, encouraged to be there, but then failing to keep to the plan, which would lead to arguments?’
‘Yes, I think that was a constant challenge to her socially.’
Ant agreed that on more than one occasion social events led to arguments later. He said the dinner with the Rockmans had been scheduled very early because they wanted their children to meet Phoebe and the dog, Yoshi. (When Linda was giving evidence, I’d wondered how they could have got home so early.)
Moglia brought up some texts Ant and Phoebe had exchanged about the dinner invitation from the Rockmans. It seemed that the first attempt to get together on 22 November had to be rescheduled because Phoebe didn’t feel up to going.
‘Phoebe’s phone receives from your phone, “Can you come to Rockmans for an hour?” Your next message, “It’s really important to my friendship with Matt” — and the next message, seven minutes after that one, “We go to dinner, it’s early, and we won’t be there long.”’
Ant said, ‘Yes, and I think it may have well been the first time that she was meeting the Rockmans, which is why I may have made that reference to it being important.’
Moglia remarked, ‘I thought Mrs Rockman and Phoebe were quite close.’
Ant told him they’d never met.
Moglia read out another message from Ant: ‘This is a now very awkward predicament. It’s not going to go down well at all.’
Ant explained that the Rockmans were getting a dog and were very keen to meet Yoshi to help decide if that was the type of dog they wanted. He said that the Rockmans were always quite structured, a bit rigid, in fact. ‘Matt had made sure the kids were home early, that he was home early from work, and once you’re locked in a time or a commitment with them, they didn’t like it when you let them down.’
That’s not rigid, I thought. That’s just good manners.
Moglia then read out Phoebe’s replies. She’d said, ‘I’m really feeling shit in lots of ways so I won’t be going anywhere apart from work, I’m sorry to inconvenience you, lots of love, Phoebe.’ Seven minutes later, she sent another message: ‘I feel that in-courteous [sic]. I will contact them to apologise.’ And then, 12 minutes later, an angry message in capitals: ‘IT’S NOT THAT I CA
N’T BE FUCKED IT’S BECAUSE I’M REALLY UNWELL. There will be plenty of other occasions that we can all get together when I’m not feeling like death warmed up, it’s unfair to our hosts.’
Moglia went back to Ant’s texts, which he’d sent in the middle of the day. ‘Your message: “I have cancelled.” Your next message, “We did discuss this, this morning. It’s cancelled now, so forget it.” Your next message, “Have also cancelled Thursday dinner with Matt at our place and Nagambie for now.”’
Ant explained that they had friends with a house in Nagambie, and Phoebe liked getting away to the country.
Moglia asked, ‘So, cancelling Nagambie may not have been a priority for her?’
Ant replied, ‘I think she probably would have been looking forward to Nagambie because it was in the country, but … given the state she was in, she was probably not up for going, um, yeah.’
‘But eventually you got to the Rockmans’ on 29 November?’
‘Yes.’
I was thinking, why don’t young people these days just ring each other and sort it out in one go? On the other hand, if they did, there’d be no record of what was said, so texts and emails are good for the legal system.
Moglia asked about Phoebe’s phone conversation with Linda on the balcony after they returned early from the Rockmans’. Ant didn’t hear the conversation himself, because he’d gone to his room and shut the door.
Moglia referred to Linda’s earlier evidence that Phoebe hadn’t mentioned suicide that night. He asked, ‘Do you accept that she wasn’t talking to anyone about suicide?’
Ant said, ‘I can’t accept that, no.’
Moglia pointed out that Ant hadn’t been present, so he couldn’t say one way or the other. ‘It’s one of those unanswerable questions?’
Ant agreed. ‘I guess we’ll never know.’
‘If you had known that she was saying she felt suicidal, you wouldn’t have just gone to your room and left her there?’
‘Absolutely not, no.’
Ant said he’d been ‘concerned about her wellbeing, constantly checking on her, ringing her, but he hadn’t thought about suicide.