Icefall

Icefall Page 17

by Hallowes, Guy

  'What did you do when you found out?'

  'I tried to talk to Fred, but he avoided all questions. Demetriou was quite useful. He was an explosives expert and helped us with some blasting to install storage tanks. So we left it. Then he had an accident and we found out that apart from his criminal record he was also an agent for ASIO. He left very shortly after recovering from his accident, much to our relief. We thought that was the end of that.'

  Under further questioning David explained about Demetriou's connections with the neighbouring settlement and where most of the missing explosives were found.

  'Most of it?'

  'There were two pieces missing, enough to blow the fuel depot sky high once the tanks had been filled. Tanya was concerned, so she arranged a watch on the gate. One night two men came through the gate carrying heavy packs.'

  'What happened then?'

  By this time the roomful of almost one hundred people was absolutely still. Nobody could believe what they were hearing.

  David told the court how he, Tanya, Fred, Mark and two others had gone to pre-prepared positions near the tank installation. How they had seen Demetriou and Bill, in the moonlight, digging a hole underneath where the tanks were to be installed. 'They were fitting a detonator to the missing explosive. We had been told not to move or fire before Tanya gave the order. As she was getting into position to arrest the pair, a shot was fired and they fled. Tanya winged Bill in the leg as he escaped.'

  'Who fired the first shot?'

  'Fred.'

  'Are you sure?'

  'Yes, he said it was a mistake.'

  'And you believed that?'

  'I was inclined to believe that, but not Tanya. She thought it was a warning shot. She saw where the bullet had struck, far away from the pair. We didn't yet know about the relationship between Fred and Demetriou.'

  'How did you find out?'

  'Tanya has some contacts in the police and after some delays she was told that Demetriou was Fred's half-brother. They have the same father.'

  There was a brief hum among the audience. The judge looked up and it all went quiet again.

  'And then?'

  'We decided we needed a judicial process to ensure the rule of law would be applied in The Settlement now and in the future. So Fred was arrested and questioned and this is the first case to be heard under this system.'

  'Please continue.'

  'Fred, at first, vehemently denied it was a warning shot. When we told him we knew they were related and had proof, Fred broke down and admitted everything in a written statement.'

  'Why did Fred continue to support Demetriou?'

  'He gave us a garbled explanation, but I think due to a sense of family loyalty. It seems Demetriou took advantage of the situation. Demetriou is a violent man and there was a suggestion some of Fred's other relatives might be harmed if he didn't continue to cooperate.'

  When the judge called a break, everyone began talking at once. Most of the settlers had no idea of the drama with Bill and Demetriou. Sentiment varied about Bill's punishment.

  When the court reconvened the defence asked David to remain in the witness box. 'If Fred was such a trusted member of the community, why wasn't he a shareholder and a director?'

  'I started the company with my own money and individual family members have contributed capital, mainly for development. All the other settlers have paid for the construction of their own houses, but have only contributed to general development through a levy on their houses. This applied to Fred as well.'

  'Isn't this just a device for the Bower family to maintain control?'

  David was genuinely taken aback. 'No,' he tried to remain calm. 'The rules are explained as settlers arrive. Anyway, without the money my family has put into the project it wouldn't exist.'

  'So although you state that Fred is a trusted member of the community, he is not a member of the inner circle, so to speak.'

  The prosecution intervened. 'Objection, this line of questioning is going nowhere.'

  'Objection sustained,' said the Judge. 'Please stick to the point.'

  Nevertheless the defence had made its point; Fred was like a trusted employee, not a member of the inner circle.

  'You keep mentioning Tanya. What is your personal relationship with Tanya Bower?'

  There was an angry murmur among the audience at the unfounded implication. The judge looked up sharply.

  'She is my daughter-in-law. She and I independently came to the same conclusions regarding climate change. Together with my son Mark, her husband, they have put every cent they own, a considerable sum, into this project,' said David calmly. He looked about the court. He was certain everyone present thought his relationship with Tanya was completely above board. His calm demeanour and his willingness to listen had earned the trust of almost every individual in The Settlement.

  'No further questions.'

  The prosecutor called Tanya to the stand.

  She stood, lovely and immaculate, in jeans and a red blouse. At this stage in the proceedings, she felt secure and confident.

  'What is your role in this community?'

  'I am on the board of The Settlement Pty Ltd. Believing in the science, I have basically spent every spare minute helping to make this place a reality.'

  'Every spare minute?'

  'I have two children and a full time job in a law firm in Sydney.'

  'What is your relationship with Fred?'

  'He was one of the first settlers here and has built many of the houses. I make a point of getting to know all the settlers, Fred and his family included.'

  'How well do you know Demetriou Smith?'

  'I was part of a teenage gang in Cabramatta when I was about fifteen years old. Demetriou was the leader of the gang.'

  'Why did you leave the gang, if indeed you did?'

  'Many of them joined criminal gangs when they matured. I decided I could do more with my life.' She was still confident, but becoming uncomfortable with the direction of the questioning.

  'What was your reaction when you found Demetriou had been accepted as a settler?'

  'Horror. I was sure he couldn't be a benign settler. I knew he would have some scheme which would undermine the community.' Tanya explained her contacts with the police and their confirmation of her suspicions regarding Demetriou. Under questioning she told much the same story as David.

  The prosecutor had one further question. 'Mrs Bower, you talked about your membership of a teenage gang in Cabramatta.'

  'Yes,'

  'Can you tell the court why you suddenly left the gang?'

  'I came to my senses and decided to make something of my life.'

  'How old were you?'

  'Fifteen,'

  'How old was Demetriou?'

  'About eighteen.'

  'No further questions.'

  Tanya was asked to remain on the stand while the defence questioned her.

  'You left the gang because you came to your senses?'

  'Yes.'

  'Was there an incident that provoked this?'

  Before the court case started, Tanya had considered that her teenage relationship with Demetriou might be exposed. Fred probably knew the details, so she had decided, if the question arose, she would have to tell the truth. But she had needed to talk to Mark first, a discussion she started the previous evening:

  'Mark, you know about my youth in Cabramatta,' she said quietly.

  'Yes,' he said, disinterestedly, continuing to read a business paper.

  'With this court case tomorrow some issues may emerge … ' she hesitated, 'I may have to explain some details that I have never told anyone, not even you.'

  'Oh?'

  'Demetriou and I were lovers.'

  She then had his full attention. His reading material was discarded. 'Holy shit! Why didn't you tell me before?' He suddenly thought this was an opportunity to assert his authority over Tanya, but quickly dismissed it. He wasn't an unfair man.

  'It wasn't relev
ant. When we met you knew I wasn't a virgin. I never discussed any previous boyfriends with you or anyone else. We never discussed any of your previous girlfriends either.'

  Bitch, he thought. She knows perfectly well I never had much in the way of previous girlfriends. He was briefly reminded of their first sexual encounter. 'Why didn't you mention it after Demetriou arrived here as a settler?'

  'My mistake, I should have and I'm truly sorry. There are some other issues.'

  'Yes?' he said warily.

  She explained how she had hotwired cars and acted as Demetriou's driver while he made drug deliveries. She gave him a detailed account of her narrow escape from the police who had come to arrest Demetriou. 'He was convicted and served a three year jail term,' said Tanya.

  Mark stared at her, mouth open.

  'Aren't you going to say something?'

  'What can I say? Anyway that is all in the past now. It makes no difference to our relationship.' Mark knew Tanya had a tough start. A life his sheltered upbringing in the middle class Bower household had not prepared him for. Her revelations added a new dimension to his understanding of that time. He was torn by his admiration for her subsequent escape from her disadvantages and not wanting to hear any more about a past he was powerless to influence.

  'We have a good relationship and a successful marriage, but since we are talking, isn't there something you need to tell me?'

  'What the hell are you talking about?'

  'Virginia Andrews.'

  'What has she got to do with anything?'

  'You find her attractive.'

  'So?' he said uncertainly.

  'You're screwing her aren't you?'

  'No!' Mark was all of a sudden on the defensive. How the hell did she work that out? He had been very discreet. To his irritation, now he was on the back foot and it was no longer about Tanya's misdeeds. He would never admit to the affair. It would be too humiliating and put him in an even worse position with Tanya.

  'Bullshit, all those extended visits to Canberra. And when she visited us here you were like a cat on hot bricks.'

  'I have not touched her. You are becoming paranoid. You are trying to divert my attention from your previous relationship with Demetriou,' said Mark unconvincingly.

  'You need to be straight with me Mark. I have a very difficult day ahead of me tomorrow and I need to know you are telling the truth.'

  'I am telling the truth.'

  'So you have never slept with her? Not once, ever?'

  'No.'

  'I would like to believe you, but I saw you together. I'm ready to let sleeping dogs lie, but you need to come clean with me.'

  'I have nothing to come clean with you about.'

  'Think about it Mark.' Tanya asked calmly. She wanted to believe him, but he held her gaze for only a few seconds before looking away. He was lying, much to her disappointment.

  Mark was furious and embarrassed at the turn in the conversation, suddenly having to defend himself. The fact that she was right about the affair made it worse.

  Tanya quietly went to their bedroom and locked the door.

  Mark dejectedly found his way to the spare room.

  'Yes, there was an incident that helped me change my mind.'

  'Can you please tell the court about it?'

  'Yes, but you have to understand I have never told anyone about this before so it will come as a shock to most people.' Tanya was determined to be honest and upfront, she did not want it dragged out piece by piece.

  'Go on.'

  'Demetriou and I were lovers.'

  There was a gasp of astonishment from the audience.

  'That doesn't explain why you left the gang.'

  Tanya explained how she had hid in the garage roof.

  'Police cars?'

  'They had come to arrest Demetriou. He was eventually convicted of drug dealing.'

  'And you had no knowledge of Demetriou's activities?'

  The prosecutor intervened, 'Objection, Mrs Bower is not on trial here. She has explained why she left the gang.'

  'Sustained,' said the judge. 'Any further questions?'

  'Nothing further.'

  The rest of the hearing consisted of other community members testifying for and against Fred in almost equal numbers.

  The prosecutor finally called Fred to the stand. His version of events agreed with the testimonies of David and Tanya.

  He was quite calm when he described his role in the community. 'I helped to design and then build many of the houses. They are all environmentally sound, complementing the landscape and atmosphere here,' he said proudly.

  'How did you arrive at the design concepts that were eventually adopted?'

  'David helped with the specifications. Mark and I always talked in detail with prospective occupants,' and then dismissively, 'with some input from Tanya.'

  The prosecutor noted the thinly-veiled hostility towards Tanya.

  'You and Demetriou are half-brothers. Why don't you have the same surname?'

  'I took my mother's name and he has our mutual father's name.'

  'What made you ask Demetriou to join the community?'

  'Demetriou has always been in some sort of trouble. Over the years I have helped him extricate himself from many scrapes.'

  'Scrapes! He was involved in some terrible crimes—drug dealing, murder, money laundering ...'

  'He was never convicted of murder,' said Fred sharply.

  'Nevertheless he was convicted of other very serious crimes.'

  'He is my brother,' said Fred with the hint of a tear in his eyes.

  'Why did you invite him here?'

  Fred was silent for a moment. 'He invited himself.'

  'But you paid for the construction of his house and all the levies and taxes.'

  'Yes.'

  'Why?'

  'He has no money of his own.'

  'Why didn't you tell David about the situation? You hold a position of trust in this community.'

  'David would not have accepted him if he had known about his background. Also, Demetriou told me he was an agent for ASIO and I couldn't tell anyone.'

  'If you knew he was an ASIO agent why did you pay for everything? Surely ASIO was paying him.'

  Fred fidgeted in the witness stand as if he was struggling with something.

  'Well?'

  'ASIO paid all the costs,' Fred eventually whispered.

  'Please repeat that so everyone can hear.'

  'ASIO paid all the costs,' repeated Fred more loudly. There were gasps of astonishment from the audience.

  'And you still didn't tell David anything, your trusted friend and confidant?'

  Fred shook his head.

  'Why? You have jeopardised your whole position here.'

  'I knew everything was above board here and Demetriou would find nothing. I hoped he would report that to the people at ASIO and then move on. I would have helped the community and hopefully helped Demetriou a bit as well.'

  'Why didn't you confide in David?'

  'I thought I could do it all on my own. When it was established the place was in the clear there would be no need for anyone else to know.'

  'Alright. Did you know of the history between Tanya and Demetriou?'

  Fred nodded uneasily.

  'Surely you would have realised when Tanya saw Demetriou the game would be up and she would tell David? And that they would look into his criminal history knowing his background?'

  'Everything had gone too far by the time I thought of that.' He said dismissively, 'I know nothing of Tanya's contacts anyway.'

  'That beggars belief. What is your relationship with Tanya?'

  'She is a director here. I suppose she has done some good.' There was no mistaking the hostility in his voice. The audience reacted imperceptibly. Tanya was generally very popular among the people in The Settlement.

  'You don't like her.'

  Fred remained silent.

  'How do you feel about her role here in The Settlement?'


  'She behaves inappropriately for a woman.'

  'Meaning what exactly?'

  'She charges round this place as if she owns it—flying helicopters, taking part in The Academy, galloping round on her horse.'

  'This place would not exist if it were not for her contributions both financially and otherwise,' said the surprised prosecutor.

  'A man would've done better.'

  There was a growl of disapproval from the gallery, resulting in a sharp glance from the judge.

  'A man such as you?'

  Fred remained silent.

  'If you remain silent, I will have to assume that you saw Demetriou's arrival as a chance to somehow diminish the role Tanya plays in the community. Is that the case?'

  Fred looked down.

  The prosecutor paused to let the information sink in among the jurors. There was a hum of conversation from the gallery.

  'Could you please explain what happened on the night Demetriou and Bill McLoughlin tried to plant some explosives in the area where the fuel tanks were to be installed?'

  Fred relayed the events of the night.

  'Did you know they were going to be there and what they intended to do?'

  'No, I have not contacted Demetriou since he left The Settlement,' Fred said firmly.

  'I have a statement here, signed by you, that you deliberately fired a warning shot just as Tanya was about to arrest the pair.'

  Fred remained silent.

  'Well, is this your statement?'

  Fred nodded. 'Yes it is.'

  'Could you explain your intentions? If the pair had succeeded, the damage to the community would have been extensive.'

  Fred flushed angrily. 'That stupid bitch Tanya had taken over again, issuing all the instructions. It was a military operation; she shouldn't have even been there. Mark is responsible for security, he should have been running the operation.'

  'So you fired a warning shot allowing your brother to escape.'

  'Yes.'

  'If your brother had not been involved would you have fired the shot?'

  Fred remained silent.

  'No further questions.'

  The defence had no questions and couldn't wait to get Fred off the stand.

  In summing up, the prosecution said that Fred had used his position of privilege in the community to clandestinely introduce Demetriou, an act of family loyalty. 'The suggestion that he acted as he did for the good of the community is an afterthought and should be dismissed. He endangered people's lives, particularly the party that was about to apprehend Demetriou and Bill. If the charges had been successfully laid many members of the rest of the community would also have been put in harm's way. I ask the jury to find him guilty on all charges and that he should be given an appropriate sentence.'

 

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