Court resumed at two o’clock. Valopolous asked me to hang onto the WorkSafe meeting minutes notebook. I sat down, the notebook on my lap. Valopolous then called Carlos Banks, our expert criminologist, to the stand.
Banks was dressed in a dark suit and retro tie. He had a stud in one ear. He took the oath and sat down. He was clearly relaxed and comfortable, probably used to giving expert evidence in the courtroom.
Valopolous started by going through Banks’s CV, establishing his credentials to give evidence. I was bored. I’d read his CV. It was long and nerdy. One glance and it was pretty clear that Banks knew his stuff and was entitled to have a say. Obviously, though, courtroom procedure required things to be done the long way and so we sat listening to Banks explain his zillion job titles and roles.
To distract myself, I flipped through the notebook. The May entry had the first ‘smoking gun’: Should we hire security guards re transfer of money? The June entry was even more damaging. If it was authentic, I’d be the first to admit that Jenkins Storage World were in the wrong. But there were too many rotten things about this case and my bullshit radar was on high alert. Fed up with the crap I was reading, I closed the notebook.
That’s when I saw the sticker on the back.
9312311160651
Ref No. 19079
Made in China
Distributed by ACA Australia
www.belby.com.au
I studied it closely. And then suddenly I felt a massive surge of excitement as I remembered what happened with Mary at the newsagent. I had no way of knowing. But what if . . .? I needed to be certain. I had to do some sleuthing.
I copied the details into my notebook. I then crept up to the bar table and crouched down beside Casey.
‘I need to go to the toilet,’ I said.
‘Fine,’ she whispered.
‘Here’s the WorkSafe minutes.’ I handed them to her and quickly left the courtroom. I didn’t bother waiting for the lift, but ran down the fire stairs. The library was three flights below. I rushed in and found an available computer. I opened the internet browser and entered the Belby website. Once the homepage appeared, I found a telephone number and copied it down. I then left the library and stood in the foyer outside the lifts on the same floor and made the call.
I tried to look nonchalant as I slipped back into court a few minutes later. Casey nodded, acknowledging my return, and passed me a note.
Start recording the exhibit list.
My heart pounded as I slipped her my own note.
Can we take a recess? Important news but need to tell you without Bernie.
Casey pulled a funny face and shook her head. ‘In an hour,’ she mouthed and then returned to her furious note-taking as Valopolous continued with his examination of Banks.
I hated how she dismissed me like that.
‘And what did you conclude from these WorkSafe meeting minutes?’ Valopolous asked.
Banks had a copy of the minutes in his hand. ‘The June entry clearly shows that Jenkins Storage World knew about WorkSafe cash-in-transit guidelines. They specifically flagged the risk of an audit or incident. The next line shows that they considered hiring security guards as a matter of urgency. Then they raised the issue of whether cash transits between stores should be done by one staff member or in pairs. They specifically noted that costs were an issue and I quote, “But this would be expensive, extra time equals extra wages. Cheaper alternative?” All of the above led me to conclude that the defendant knew the risks and the measures needed to eradicate such risks but that ultimately the bottom line took precedence.’
The door to the courtroom opened. A woman in a suit stepped in and took a seat beside Humphries. She gave him a grim smile and he nodded, his face tense.
‘Thank you. Could the witness be handed Exhibit 2, purchase order record. Mr Banks, could you please take a look at that document and tell me what it is?’
‘It appears to be a purchase order on the defendant’s letterhead noting the purchase of a motion-sensor security camera. There is also a handwritten note in the corner.’
‘Could you please read that note out loud?’
‘Missing part call to arrange delivery replacement part staff pressing.’
‘What is your interpretation of this note?’
‘That the camera was faulty, missing a part, and that Mr Marks made a note to arrange for a replacement part to be delivered. As for the reference to “staff pressing”, I can only surmise that the staff were pressuring him to get the part delivered or have the camera fixed.’
‘Objection,’ Wallace said. ‘The witness is not in a position to speculate on what the defendant’s staff may or may not have been doing.’
‘Sustained.’
‘Mr Banks, in your expert opinion, would an operational motion-sensor security camera have made a difference to the security of staff members entrusted with the task of transporting money?’
‘Yes.’
‘In your expert opinion, was Maureen White’s death caused by or contributed to by the defendant’s negligence?’
‘Absolutely. I am convinced that had any one of the measures I recommend in my report been adopted, Maureen White would still be alive today.’
‘No further questions.’
Wallace stood up. ‘Mr Banks, your report recommends that Jenkins Storage World ought to have implemented WorkSafe cash-in-transit guidelines, correct?’
‘Yes, absolutely.’
‘But don’t those guidelines apply to organisations of thirty or more staff ?’
‘Yes, but—’
Wallace raised his hand to silence Banks. ‘I only require a yes or no. And how many staff did Jenkins Storage World employ?’
‘I’m not sure.’
‘Ten in the Surry Hills store, five in the Blacktown store and ten in the Chatsbury store, where the deceased worked. The defendant was not, therefore, obligated to implement Work-Safe’s expensive cash-in-transit guidelines. Do you agree?’
‘No.’
‘No? Was there an exclusion clause in the legislation?’
‘No.’
‘Was Jenkins Storage World singled out by legislators and required to implement the guidelines despite its small size?’
‘No.’
‘Then on what basis do you disagree with my proposition?’
‘The defendant was morally obligated. The cost of implementing the measures was certainly not prohibitive. It could have been managed to ensure the security of its staff.’
‘But Mr Banks, morally obligated and legally obligated are two very different standards.’
‘Objection!’ Valopolous said. ‘Is there a question?’
‘I have no further questions for this witness.’ Wallace sat in his chair and Judge Monahan asked Banks to step down from the witness stand.
‘Your next witness, Mr Valopolous?’
‘Your Honour, I seek the court’s indulgence for a fifteen- minute recess. I hadn’t expected the defendant’s cross- examination of Mr Banks to finish so soon. My next witness won’t be much longer.’
‘Very well. We won’t take our afternoon recess then.’
Casey ushered me into a briefing room. She sent Bernie downstairs for a cigarette. ‘We won’t be discussing anything important,’ she reassured him.
Valopolous sat down and drummed his fingers on the table. ‘Have you called Constable Thompson?’
‘Yes, he’ll be here shortly. Did you notice that their claims officer is here?’
‘Yes,’ Valopolous said. ‘She doesn’t look too pleased.’
‘That’s because Marks doesn’t agree with her defence strategy. He wanted to settle upfront but the insurer wants to fight this all the way.’
‘Why on earth would he want to cave so soon?’
‘The evidence against them is too strong. He wanted to cut his losses and get on with the business.’
I coughed, reminding them I was there.
‘Oh yes,’ Casey said, turning to me.
‘So what’s this important news you need to tell me?’
I took a deep breath. ‘The WorkSafe minute meetings are fake.’
Casey frowned. ‘Excuse me?’
‘They weren’t written on the dates they say they were.’
‘What are you talking about?’ Valopolous said tersely.
‘I called the manufacturer and gave them the details of the barcode at the back of the original notebook. They said that that line of notebook wasn’t manufactured till November 2008. So those notes must have been written recently.’
Valopolous’s face turned red. ‘What the hell is going on here, Casey?’ he asked. ‘Is this boy a spy for the defendant? Do you normally have people on your team who go to great lengths to dismantle your clients’ cases? This is an outrage!’
I couldn’t believe what I was hearing. ‘Are you listening to what I said? Those notes are a fake. This case is based on lies.’
‘Noah!’ Casey yelled. ‘I thought I’d already spoken to you about your ridiculous conspiracy theories.’
‘But this isn’t a theory! I just proved that this evidence is fake.’
Valopolous stood up and took a step towards me. ‘We’ve just mounted our entire case on evidence offered to us by the defendant. Those notes weren’t produced by Bernie or anybody connected with his legal team. They were served by the defendant and we are perfectly entitled to rely on them. That you questioned their authenticity and felt the urge to disprove them is not only outrageous but unconscionable. Your effort should be expended in supporting your client’s case, not destroying it. I’ve heard enough. You keep your mouth shut about this and let me do my job.’
He walked out of the room, slamming the door behind him. Casey turned to me, her eyes narrow slits. ‘Didn’t I warn you?’
‘Do you people not care about justice? Bernie is fabricating this entire case. He’s playing you. Don’t you even care?’
‘I care about winning.’
‘Rodney Marks is in on this too.’ I instantly regretted my words.
‘Have you gone completely mad? What evidence have you got?’
I couldn’t possibly tell her about the text messages. I wanted to throw a chair through the wall. It was so unfair. I knew the truth but couldn’t prove it.
‘Er . . . nothing . . . I didn’t mean that . . .’
‘Valopolous is going to go crazy,’ Casey said wearily.
‘So you’re going to rely on those minutes? Even though you know they’re fake?’
‘But Valopolous . . .’ she started.
For a split second I saw her waver. Her confidence seemed to crumple just for the briefest moment. And then it was back.
‘Just do as you’re told. I don’t want to hear another word about those notes. Got it?’
I didn’t answer her. I returned to court trying hard to control my anger.
Valopolous gave me a filthy look. I ignored him and sunk down into the chair behind the bar table.
Constable Thompson was tall and lanky, with auburn hair and a trimmed moustache. He sat down at the witness stand, his police cap in his hand.
Valopolous began. ‘Would you please state your name and occupation for the record?’
‘Dominic Thompson, constable with the Chatsbury police unit.’
‘Permission to tender Exhibit 3: police report dated 2 July 2008?’
‘Granted,’ Judge Monahan said.
The court clerk took the exhibit from Valopolous and handed it to the detective.
‘Is this the police report you completed?’
‘Yes it is.’
‘Would you please explain what happened on the evening of 2 July 2008?’
‘It was approximately five thirty when I finished with a stationary RBT unit—’
‘Sorry to interrupt, but could you please clarify what RBT is?’
‘Random Breath Testing. I’d set up a stationary unit on a section of Chucks Road. I was about to head back to the station when I was radioed about a homicide at Paisley Road, Chatsbury.’
‘How were the police notified about the body?’
‘A call to 000 from a Tamara Tucci. She worked in an establishment called Chickin’ Lickin’, which was positioned two shops from Jenkins Storage World.’
‘What happened next?’
‘I radioed for back-up and immediately attended the crime scene. When I arrived, I noticed a small group of people in the car park.’
‘Were there any other police present upon your arrival?’
‘My back-up arrived within five minutes of my arrival at the crime scene.’
‘What did you do when you arrived?’
‘I approached the body.’
‘Where was it?’
‘It was in the corner of the car park, between a garbage bin and a vehicle, which we later learned was the deceased’s vehicle. I felt for a pulse and determined that the victim was dead.’
‘Can you please describe how you found her?’
‘She was lying on her stomach, her head resting on a left angle. Her skull had been bashed in. Her brain was visible.’
‘Were the deceased’s personal belongings on her person?’
‘No. The victim’s handbag was thrown approximately two metres from her body. Her wallet was in the bag. A set of keys, which we later established were the victim’s, was found near the rear left tyre of her vehicle. She was missing a shoe, which was never recovered.’
‘Can you explain why she was missing a shoe?’
‘Unfortunately, no.’
‘Very well. After checking for the victim’s pulse, what did you do next?’
‘I surveyed the area to determine if there was any security surveillance equipment. There was none.’
‘In your experience as a member of the New South Wales police force, is it your opinion that security surveillance equipment, such as video cameras, motion-sensor cameras and so on, prevent crime?’
‘Objection!’ Wallace called. ‘Leading.’
‘Overruled.’
‘But, Your Honour!’ Wallace pressed.
‘Overruled. The witness may answer the question.’
I noticed Casey smile to herself.
‘Yes, they most certainly do have a deterrent effect. It goes without saying that criminals are less likely to commit crime if they know they may be identified.’
‘Did you find a quantity of cash on the deceased’s person or in the vicinity of her body?’
‘No.’
‘Thank you. No more questions.’
Judge Monahan looked over at the defence bar table. ‘Mr Wallace?’
‘Constable Thompson,’ Wallace said as he approached the lectern, ‘you said that video cameras have a deterrent effect. That, and I quote, “criminals are less likely to commit crime if they know they may be identified.” Correct?’
‘Yes.’
‘But couldn’t a criminal who ascertains the existence of a video camera simply smash the camera and then proceed to commit the crime?’
‘Sure, that can happen. But that depends on the positioning of the camera and whether it is within the person’s reach. Cameras can be installed up high. It also depends on—’
‘There’s no need to elaborate.’
Valopolous stood up. ‘Your Honour, the witness has not finished answering. If counsel asks a question, he should be prepared to listen to the answer, even if he doesn’t like it.’
‘I agree,’ Judge Monahan said. ‘The witness may continue. And in future, Mr Wallace, please refrain from cutting off witnesses simply because their answers were not foreseen by you.’
‘As I was saying,’ Constable Thompson continued, ‘whether security equipment is damaged can also depend on the circumstances in which a crime is committed. In the case of calculated, well thought out crimes, damaging such equipment might be part of the execution of the crime. But for crimes committed by less professional people, for want of a better word, who perhaps carry out their crimes in a more frenzied, improvised man
ner, then, in my opinion, I do not consider it a given that such equipment would be damaged.’
Wallace couldn’t wait for the policeman to finish. ‘No further questions, Your Honour,’ he said quickly.
‘Thank you, Constable,’ Judge Monahan said. ‘You may step down. Do you have any more witnesses, Mr Valopolous?’
‘No, Your Honour. The plaintiff rests.’
‘Very well. Court will resume at ten tomorrow morning and we will start with Mr Wallace’s first witness.’
Tomorrow would be a big day. Rodney Marks, Claudia Hognio and Harold Webb were due to take the stand.
I could rely on Claudia and Harold to try to damage Bernie’s case. But Rodney’s evidence would be one big joke. I wondered if he would be able to pull it off. Could he really pretend to be acting in his company’s best interests while in fact trying to bring his own case down?
Back at the office, Jacinta was outraged when I told her how Valopolous and Casey had reacted to my discovery of the fake meeting minutes. If Valopolous and Casey refused to question the case after that discovery, I had no hope of getting them to change their mind about Bernie. I was just hoping that Webb would be a good witness so that if Bernie ended up winning, he’d get much less. As for Claudia, I guessed she would be giving evidence of Bernie’s relationship with Annie and that Maureen was on the verge of breaking up with him. No Maureen, no continuing money supply. So he couldn’t turn around and say he was missing out when she would have left him anyway.
But Bernie had denied being involved in a romantic relationship and said that the affair had ended before Maureen’s death. It was going to be Claudia’s word against Bernie’s.
Rodney Marks looked so nervous that I almost felt sorry for him. He wiped his sweaty forehead with a crumpled tissue and shifted in the witness box. The funny thing was that he was still being examined by his own barrister. Valopolous’s cross-examination hadn’t even started.
‘Mr Marks, could you please explain to the court your role at Jenkins Storage World?’
‘I’m the franchise owner. I have three stores: Blacktown, Chatsbury and Surry Hills. I’m the supervising manager at all the stores.’
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