‘No.’
‘Then you told him to go into the feeder?’
‘No.’ Dan frowned. ‘We never discussed photographing inside the feeder. In fact, I don’t know why he went in. It’s obviously a dangerous machine: there were signs and stickers about how dangerous it was all over it.’
‘But you never discussed it with him and you do not know why he went in.’ Mr Carter repeated the words with slow succinctness. ‘As his supervisor, Mr Hullog, don’t you think you should have discussed the job in detail before you left for the lumber mill, including the dangers?’
Dan hesitated. ‘I did brief Mark before the meeting. I wasn’t aware of any gaps in his knowledge.’
‘I see. And how many inspections of this type had Mark Hullog been on previously, before this one killed him?’
Dan looked at him uncertainly as though trying to work out his angle. ‘I can’t remember for certain, but I think this was his first inspection.’
‘You think or you know?’
Dan sat back in his chair. ‘I can’t be certain.’
‘So again, you do not know. Well, if it was his first inspection, or even one of his first, could you not reasonably infer that there would be gaps in his knowledge?’
Dan sighed, looked down at his hands before glancing up again. ‘We have a safety induction program at Oswalds specifically for graduates, so they are prepared for dangers inherent in site visits. It’s a three-day course about how to be safe on construction sites, in factories, power stations and other types of plant. I assumed that Mark had attended the program.’
‘But you didn’t know for sure that he had, did you?’
‘No.’
‘When did you find out that Mark Hullog had not attended the induction program?’
Dan pursed his lips. ‘After the accident.’
‘You mean, after his death?’
Dan struggled. ‘Yes.’
‘Did it occur to you to check his attendance records prior to taking him to MacArthur Lumber Mill?’
A muscle flexed convulsively above Dan’s jawline. ‘No.’
‘Why not?’
‘No reason, it just never entered my mind.’
‘Because the job was more important?’
Dan’s eyes narrowed on him. ‘No, because I assumed HR was tracking that and I would be notified if Mark wasn’t fit for site.’
‘So, as Mark Hullog’s manager, you took him on a site visit for which he needed to be cleared by your human resources department – a visit to a plant whose machinery had clear potential to compromise his safety. And you didn’t use your own initiative to confirm with HR that Mark was ready for a site visit? Is that your evidence?’
‘The feeder was obviously dangerous –’
‘Did you check with HR that Mark Hullog had been approved by Oswalds to go on dangerous site visits?’
‘No.’
‘If you had known at the time that the deceased had not undertaken the induction training, would you have taken him to the MacArthur Lumber Mill on the morning of his death?’
Dan hesitated. ‘No, I wouldn’t have.’
A thoughtful smile played around the corners of Mr Carter’s mouth. ‘So, if you had managed the deceased and not assumed facts about him, Mark Hullog would be alive today, wouldn’t he?’
Sarah stood up before Dan could answer.
‘Objection: conclusion.’
The judge nodded as he scribbled a note for himself. ‘Sustained.’
Mr Carter paused as he consulted his notes. ‘Let’s return to the safety video you watched when you arrived at MacArthur Lumber Mill, Mr Hullog.’ He looked up. ‘Did the video warn visitors about the machinery, in particular the dangers inherent in a feeder machine?’
‘Yes.’ Dan nodded. ‘Although it didn’t go into specifics, it warned us to keep away from live machinery unless accompanied by an experienced user.’
‘And you and the deceased both watched this video?’
‘Yes.’
‘Were you accompanied by an experienced operator when you went to see the feeder?’
‘Yes, both the foreman and one of his hands accompanied us.’
‘Did either of these men tell Mark Hullog to go inside the feeder?’
‘Not as far as I know.’
‘So neither you, nor any of these men, were in communication with Mark just before the accident? You could even say that he wandered off alone?’
‘He wasn’t very far away from us and I wouldn’t say he was alone.’
‘Just inadequately supervised then, Mr Hullog?’
Sarah Michaels rose abruptly. ‘Objection.’
The judge nodded. ‘Please refrain from leading the witness, Mr Carter.’ He tapped his pen impatiently on the paper in front of him. ‘Do you have anything further?’
‘No, your honour.’ Mr Carter shook his head and sat down.
Lena let out a breath that until now had been locked in her chest as the judge turned to Sarah Michaels.
‘Ms Michaels, do you wish to cross-examine the witness?’
‘I do, your honour.’ She stood up, arranging her black robes neatly in front of her skirt suit. Even as her eyes met Dan’s, Lena felt the tension in the room heighten. She was sending him a warning. He was straightening his shoulders again, metaphorically raising his shield for the first blow.
Lena didn’t like it. Something was up.
‘Mr Hullog, did you have a personal relationship with the victim?’
Dan’s body was impossibly rigid, his voice a rasp that came all the way from the back of his throat.
‘Yes.’
‘And what is that relationship?’
Dan looked down at his hands. Whatever colour that was left in his face drained away slowly but surely. ‘He was my . . . is my brother.’
Lena couldn’t understand it. What had changed? Why was Dan suddenly so anxious?
She wriggled impatiently in her seat as Sarah Michaels continued. ‘Was he suffering from any kind of medical condition at the time of the accident?’
‘Yes. Clinical depression.’
‘When was Mark Hullog diagnosed with this condition?’
‘About three months before the accident.’ Dan raised red-rimmed eyes that came to rest on Sarah; he was bracing himself for the final knife throw.
‘And what was the catalyst of this diagnosis?’
‘He attempted suicide.’
Oh shit.
Lena felt like one of Fish’s catches just after he’d gutted it. Time seemed to stand still in the courtroom. Pieces were starting to click into place, filling her heart with dread. Hadn’t Dan suffered enough without adding this revelation to the mix?
She glanced quickly at Mark’s wife.
The widow had a wild-eyed look, torn between outrage and defiance. Her mouth kept moving, forming silent words. Dan’s parents were tight-lipped and still. They were eyeing their son in a way she hoped her parents would never look at her. It wasn’t hatred or disappointment. It was something in between and all the more potent for it. But what did they expect him to do? Lie?
It had to be killing Dan to be siding with an employer over his family, but even after only a few months, Lena knew that he was an inveterately honest man. Lena clenched both hands. The action helped her get her bearings. Why were Dan’s family so angry? If Mark had been treated, his episodes and diagnosis would be a matter of record. Dan couldn’t lie about it. This was the stuff nightmares were made of. Even so, she wanted to hear the rest.
Once more her gaze was drawn to Dan’s. His face was pale and his lips tight. He’d already relived this experience too many times. She wished she could hug him and threw the thought across the room. He didn’t turn away when he caught it. But t
he message he threw back was obvious and not what she wanted to hear.
I told you not to come.
Lena broke the connection, unable to bear his accusing look and focused instead on Sarah who now, having the benefit of the room’s full and undivided attention, was about to continue with her next question.
‘How did your brother attempt to commit suicide?’
Mr Carter stood. ‘Objection, relevance. This has no bearing on the case at hand.’
The judge studied Mr Carter thoughtfully for a moment and then said to Sarah, ‘Unless it has some relevance to the point you are trying to make, counsel, I don’t think we need specifics.’
‘Very well, your honour.’ Sarah nodded. She turned back to Dan. ‘Do you think it is possible, Mr Hullog, that on the day of the incident, your brother may have been suicidal?’
Again, Mr Carter stood. ‘Objection: leading the witness.’
‘Overruled.’ The judge smugly looked down at Mr Carter. ‘You can’t have it both ways, Mr Carter. Proceed, Ms Michaels.’
With a sigh Sarah once again addressed Dan. ‘Mr Hullog, on the day of the incident, did your brother give you any indication at all that he was thinking of killing himself?’
Dan lifted his chin. ‘No.’
‘Was he seeing a therapist or on any medication around the time of his death?’
Dan joined his hands on the desk, but his expression did not change. ‘I believe so, on both counts.’
Sarah cleared her throat. ‘So then, he had by no means recovered from his mental illness?’
‘Not one hundred per cent, though I would have to check with his doctor.’
Sarah nodded, consulted her notes and began speaking again. ‘Mr Hullog, did you discuss any possible safety issues with your brother prior to the site visit?’
‘Not in great detail. I told him we’d be watching a video and that the usual protocol would apply.’
‘Did you tell him that the feeder could be dangerous?’
‘No.’
‘Why not?’
‘Well,’ Dan licked his lips, ‘there was absolutely no need for him to touch it or enter it. It had already been established that the feeder was jamming because its footings were out of whack. One side of the machine had settled more than the other. Our concern was the foundations, not the mechanics of the machine. He had a camera so he could take pictures of the feeder supports, not inside the machine or even of the machine itself.’
‘Did Mark know this?’
‘Yes, I briefed him fully before the meeting.’
‘Thank you, Mr Hullog.’ Sarah’s lips curled momentarily as she turned to the judge. ‘I have nothing further, your honour.’
As she sat down, the judge spoke to Mr Carter.
‘Mr Carter, do you have any questions for Mr Hullog regarding Ms Michaels’s cross-examination?’
‘Two questions, your honour.’ Mr Carter laced his fingers in front of him as he stood up. He paused for a long time, much to Lena’s frustration.
‘Was Oswalds Proprietary Limited aware of the victim’s medical condition and recovery program?’
Dan said, ‘Yes, certain critical members of the team and upper management were aware.’
‘You mentioned the deceased was being treated for his illness. Did Oswalds consider the deceased unfit for work or otherwise impaired with respect to particular duties while the deceased was undergoing treatment for his mental illness?’
‘No, he was not considered unfit for work.’
Mr Carter inclined his head. ‘Thank you. Nothing further, your honour.’
So Dan was finally allowed off the stand and the court was told to break for lunch. Lena’s lungs contracted at the anticlimax, leaving her panting. Her legs were wobbly, as though she’d just run a marathon. Her heart rate was up and adrenaline was pumping heavily through her veins. She needed to get outside and walk it off.
By comparison, Dan’s relatives sat in angry stupor, unable to tear their eyes from the empty witness box. She could feel their rage. It was so heavy. If feelings were toxic, she probably would have passed out. But really, what did they think that Dan could have said differently? It was a pointless and ungrounded fury.
Standing up, she slung her handbag over one shoulder. The movement must have caught Angela Hullog’s eye because she turned around and for the first time registered her presence. She looked as though she was trying to work out who Lena was and maybe even considering asking.
There was no way Lena was telling her.
She was there for Dan and her reasons were nobody’s business but his. She looked away from Mark’s widow, concentrating her attention on exiting as quickly as possible. She wanted to catch Dan in the street. When she left the building she saw him walking up the road and caught up.
‘Mind if I join you?’
‘I told you not to come.’
‘And you knew I wasn’t going to listen.’ She smiled brightly and daringly tucked her hand into his. His arm went rigid but she felt it relax slightly as she put her other hand on his bicep.
He sighed raggedly. ‘Do you ever give up?’
‘No.’
‘Do you ever go away?’
‘No.’
‘Do you ever do as you’re told?’
‘Not if I can help it.’
‘Thank God.’ His fingers tightened deliciously around hers and she felt the warmth of his gaze as much as the sunshine as he finally looked down at her. She raised her eyebrows in return.
‘So you are glad I came.’
‘Yes and no.’ It was a small smile, but definitely a smile. ‘It meant a lot to have your support and your face to focus on in the gallery. Lord knows, I couldn’t look at anyone else.’
‘But?’
‘But you know too much about me now. I can’t hide anything from you any more.’
Lena grinned delightedly. ‘How marvellous.’
He untangled her hand and rested his arm across her shoulders instead. ‘You are impossible, you know that?’ He squeezed her tight into his side.
Bubbles of contentment popped in her head, making her dizzy. She snuggled in closer, enjoying the freedom to do so. The heat from his body warmed hers. She breathed in the scent of him, enjoying the gentle rhythm of their synchronised movement. They wouldn’t be able to have this simple intimacy on site. She wanted to savour the feeling – this closeness – which wasn’t really casual at all.
She scanned the cafes and restaurants they were passing. ‘What do you feel like?’
He shuddered as his body relaxed further. ‘A tropical beach, a deckchair and a cocktail far, far away from here.’
‘I meant to eat.’
‘Did I mention you were there too?’
Her voice trembled on the way out. ‘How about a sandwich? We’ve only got an hour.’
‘Okay.’
They turned into the next cafe. The smell of food and coffee filled her nostrils and her stomach growled in response. They ordered and took a seat by the window. She would have felt as though they were on their very first date if the weight of what she’d just witnessed hadn’t been sitting so heavily on her chest. For his sake as much as hers, she tried to shrug it off.
‘Beautiful day,’ she murmured as a crisp breeze made its way through the big front window of the cafe.
A slight smile curled his lips. ‘You don’t have to try so hard, Lena. I’m not glass.’
‘It couldn’t have been easy for you in there.’
His hands shook and he quickly put them under the table. ‘What’s hard is knowing that my parents think my testimony is some kind of betrayal.’
‘All you did was tell the truth,’ she quickly reassured him. ‘They can’t expect you to lie in court. And Mark . . . well,’ she
took a deep breath, ‘Dan. It’s over for Mark now. He’s not in pain any more. And lying about him isn’t really going to help with anyone else’s pain, whatever they think.’
He gritted his teeth. ‘No, it isn’t. At least my part is over now. I admit, it’s a relief to finally hand this over to the judge.’
‘Perhaps you should go home then,’ she suggested. ‘Try to put this behind you.’
He shook his head. ‘No way. I’ve got to see everything. I lost my brother and my dad. I’ve wasted more than three years of my life worrying about what the verdict would turn out to be. I want to see what it is and how they get there.’
Lena knew what he meant, what neither of them could say out loud because it cut too close to the bone. Mark Hullog’s death was caused by one of two things.
Dan’s negligence, or his little brother’s decision to commit suicide.
A judge would decide.
The problem was, she didn’t know which team to cheer for, because either way Dan lost.
After lunch, she accompanied Dan back to the Supreme Court. This time he joined her in the gallery. Now that he was no longer a witness under examination, he was free to watch the case proceedings.
Lena wondered if his family had even left to eat. They were huddled together as she had left them. Nonetheless, they raised their eyes when they walked in. Her fingers tightened involuntarily around Dan’s hand as Angela’s features contorted.
‘You fucking bastard!’ she hissed. ‘How dare you show your face back here? Haven’t you done enough damage?’
Her words were so sudden and so scathing that for a moment Lena could only stare at her in shock. Dan went white.
His mother stood up, the heavy lines on her face deepened by her frown.
‘Please be on your way, Daniel. Don’t you think we’ve suffered enough?’
Frustration burned its way through Lena’s body like the wick of a candle. She was desperate to defend Dan but knew she had no right to interfere. Who was she to judge people who’d experienced what they had? Luckily, Dan spoke up instead.
‘We’ve all suffered.’
The Girl in Steel-Capped Boots Page 28