Icefall

by Hallowes, Guy

  'If he'd been at The Vikings he would have been dead by now,' yelled a voice from the back.

  'I don't think that has any relevance here,' said Tanya acidly. 'As I've said, do not take the law into your own hands; if you do, it will be you in the dock here facing the music.'

  Earlier Tanya had spent time with Susan and Chloe, but both were still under sedation. 'We will have a proper funeral when all the DNA tests have been completed and the doctor is satisfied he can be released,' she told them. 'There will then be time for proper grieving and we'll do all we can to help you both face the future again.'

  She had also phoned David, who said, 'Jason will tell you when he arrives that I found him half an hour or so after you had taken Donald into custody. But, I'm surprised. I always thought of Donald as a benign sort of person. Despite your advice, I was going to ask him to return voluntarily.'

  Tanya bit her tongue and then replied quietly, 'He almost certainly would have shot you. But, we are still waiting on DNA evidence, so he's still technically innocent.'

  'You think that he would have shot me?' asked David in surprise. 'We had developed a good working relationship.'

  'He would have shot you!' said an exasperated Tanya. 'I'll phone when we have the DNA tests.' She cut the contact, something she'd never done before to David.

  Three days later, a distressed hospital doctor came to see Tanya. Before she could utter a word he said, almost in a whisper, 'It's a perfect match; the semen on Barry's body matches Donald's DNA exactly. I have had the results checked independently, twice. That is why we've taken so long.' He looked down. 'I was part of his church group and would've done anything for another result. I thought he was a good man. He has let many people in this community down.'

  David too, thought Tanya, looking at the doctor. 'Are you prepared to testify and confirm your findings in court?' she asked.

  'Yes.'

  'Mark, as head of security, will collect all the evidence we have and hand it over to the prosecutor. There is now enough evidence to charge him formally.'

  The trial process within the community was well established, if used infrequently. The judge had retired from the New South Wales bench prior to becoming a resident and there were a number of experienced lawyers, also resident, prepared to act as prosecutor. Tanya had managed to persuade a woman from Amazonia, who had some experience, to act as defence counsel. Tanya had decided that, due to the personal connections, none of the Bower fraternity should be involved in any way with the trial, except as possible witnesses.

  Roger, as second in command of security, formally charged Donald.

  Lasting only two days, Donald's trial was unusually short and swift. He pleaded not guilty to abduction, sexual abuse of a child, and murder.

  The prosecution presented evidence of Donald's flight; the DNA evidence; and two witnesses who had seen Donald hovering near Chloe's cottage.

  Donald had insisted, against counsel advice, to take the stand.

  'This whole exercise is a Bower family conspiracy against me personally. I'm going to expose them totally in that court,' protested Donald to his lawyer.

  'You need to think about the evidence against you and deal with it. If you claim not to have been anywhere near the scene of the crime, you need to be able to put doubt in the mind of the jury that you are telling the truth. If you take the stand, in my opinion, you will almost certainly not be able to do that,' said Maureen, his defence counsel.

  Donald shrugged.

  'Donald, please tell the court where you were on the afternoon of the day in question, the day of the little boy's murder,' asked the defence counsel.

  'In church. The church that I built, despite all the roadblocks put in my way by David Bower and his family.'

  'Do you have any evidence of that?'

  'Yes, there are several witnesses who will testify they saw me there.'

  'Step down please.'

  Three people were individually called to the stand.

  The judge reminded each of them that they'd taken an oath to, 'Tell the truth, the whole truth, and nothing but the truth'. They were also reminded that perjury was an offence and could result in prosecution.

  Two of the three withdrew their testimony.

  The third man took the stand and testified he'd been in the church with Donald all day.

  'It's the same man that has kept trying to direct the blame towards the Muslim community,' Tanya whispered to Mark. 'I don't like this, not at all.'

  They need not have worried.

  A triumphant Donald was asked to take the stand again. Maureen felt she had a least put doubt in the mind of the jury regarding Donald's whereabouts on the day of the murder. 'No more questions,' she said.

  The prosecution then asked, 'How do you account for your semen being found on the boy's body?'

  'It's just a Bower conspiracy.'

  'All three of the medical staff here have testified there's a million to one chance that the samples they found are not yours, none of them are members of the Bower family and two are members of your church,' thundered the prosecution counsel.

  'It's a Bower conspiracy,' Donald repeated mechanically.

  'Why did you leave here in such a hurry?'

  'I had many things to do at St. Andrews. The search had been completed and the boy's body found. I could make no further contribution, so I left.'

  'You had supplies for two weeks. Why would you need so much for a four or five day ride to St. Andrews? You also had maps relating to territories far beyond St Andrews.'

  'All that was planted on me. All of this,' Donald waved his arms about the court, 'is a Bower conspiracy to get rid of me.'

  He was asked to step down and Roger was called to the stand.

  'Roger, you were one of three people who apprehended the defendant.'

  'Yes,'

  'Are you a member of the Bower family?'

  'No.'

  'Please describe how the defendant was apprehended.'

  'With Tanya flying the helicopter, Jason and I abseiled down to where the defendant was trying to conceal himself under a tree. We then apprehended him.'

  'Was that difficult?'

  'Not particularly, although he tried to pull a loaded pistol on us. We surprised him.'

  'Did you have any supplies with you in the helicopter that could've been added to his load as he claims?'

  'No, with the three of us, plus Tanya, and the abseiling equipment, there wasn't much room for anything else.' Roger was genuinely upset that he could be considered part of such an underhand arrangement.

  'Did you place some maps in the defendant's luggage?'

  'No,' Roger almost shouted.

  Isaac from St. Andrews was called to the stand.

  'Were you aware that the defendant was on his way to St. Andrews?' asked the prosecution counsel.

  'No, we had agreed he would come and try to finalise arrangements for him to move to St. Andrews, but we weren't expecting him for at least another month.'

  'No more questions.'

  During a break, there was a flurry of activity and some whispered conversations.

  'I call Mrs Weatherspoon to the stand.'

  There was a look of fury and consternation on Donald's face.

  'Mrs Weatherspoon, can you tell the jury where you were on the day of the murder?'

  'I spent all day in the church, cleaning it and arranging flowers as I do on a regular basis.'

  'Who was with you?'

  'I was on my own.'

  'Was the defendant with you?'

  'No, I didn't see him all day. In fact I haven't seen him for several days now.'

  'So he wasn't with you in the church?'

  'No.'

  'Could you confirm who else you saw in the church on the day in question?'

  'I saw no one else. I told you I was on my own. That is quite normal I usually do everything on my own.'

  Three others were then called to the stand. All testified that the man who'd said he was
in church with Donald was actually with them, all day, dosing cattle.

  The prosecution summarised. 'The DNA evidence is unequivocal. Three separate analyses were conducted and all came up with the same result, that the semen found on the body belonged to the defendant. When the defendant heard the boy's body had been found, he tried to escape. This was a well-planned exercise; he had supplies and maps that would have taken him beyond the jurisdiction of this community. The contention that he had some urgent business at St Andrews is pure fiction. The defendant claims he was in church at the time of the murder, but all the evidence relating to this claim has either been withdrawn or discredited. The defendant keeps stating that prosecuting him for this dastardly act has something to do with a Bower family conspiracy to get rid of him. Again, this is pure fiction. Members of the jury, I submit that it's your duty to find the defendant guilty on all counts and that the maximum penalty should be applied.'

  The defence claimed that the defendant had been in church at the time of the murder and that somehow the DNA analyses were flawed. 'The defendant has done much good here. He is innocent and should be released immediately back into the community.'

  The jury spent a day considering the evidence. To a packed courtroom the judge asked the jury foreman, 'Have you come to a unanimous conclusion on all counts?'

  'We have m'lud'

  'On the charge of unlawful abduction of a child?'

  'Guilty.'

  'Unlawful sexual abuse?'

  'Guilty.'

  'Murder?'

  'Guilty.'

  The judge waited for the gallery to subside.

  'Mr Donald Paul Weatherspoon, stand up please.'

  A shaken Donald stood.

  'You have been found guilty on all counts. Sentence will be passed when the court convenes at ten am tomorrow.'

  Every possible seat had been taken when the court convened the next day.

  'Before I pass sentence, I ask if either the prosecution or defence counsel has anything to say. Prosecution?'

  'The defendant has been found guilty on all counts by a jury of his peers and in a legitimately constituted court. I ask that the maximum penalty of death by firing squad be applied on all counts. There is no room for mitigation, the defendant is evil and the community needs protection from such a person.'

  'Defence?'

  'I question the validity of this court, the proposed sentence does not comply with Australian Law, and the proposed sentence will constitute murder.'

  'Will the defendant please stand?'

  Unsteadily Donald rose to his feet.

  'Donald Paul Weatherspoon, you have been found guilty of the foulest deeds by this legally constituted court. Your behaviour during these proceedings has been nothing short of disgraceful. Do you have anything to say before I pass sentence?'

  Donald shook his head.

  'On the count of abduction, you will be expelled from the community and all your assets held in the community will be forfeited. On the count of sexual abuse of a child you will be expelled from the community and all your assets held in the community will be forfeited. You will also be executed by firing squad and your body will lie in an unmarked grave outside the boundaries of this community. On the count of murder, you will be expelled from the community and all your assets held in the community will be forfeited. You will also be executed by firing squad and your body will lie in an unmarked grave outside the boundaries of this community. There will be no right of appeal and sentences will be imposed within one week.'

  He banged his gavel. The courtroom cleared almost silently, Donald was returned to the lock up.

  People were genuinely shocked. All were aware of the law, but had never really envisaged it would ever have to be imposed.

  Tanya said to Mark, 'You will have to organise the firing squad, but no Bower family member is to be present in any way. Roger or Rachel will have to be in charge. Also, I'm not going to repossess Donald's house as the court directed. Mrs Weatherspoon has not been tried for anything. I am going to ask the hospital doctor, who knew the Weatherspoons well, to inform her she can stay in the house and continue to be a part of the community if she wishes. We will have the right to review the situation every five years.'

  'I think that is fair and prevents the Bower family from gaining anything. Frankly, I don't have the stomach for imposing death sentences. I hope Roger and Rachel will be able to deal with it,' replied Mark. 'I have charged that bastard with perjury, by the way.' Referring to the man who said he was in the church all day with Donald. 'I'm going to throw the book at him.'

  Tanya nodded.

  Tanya told Kim she could now get on with planning the takeover of the warehouse in Newcastle. 'Take fifty of our best people, including as many of our technical people as can be afforded, including Joe, and plenty of supplies. Secure the area. I will be over there within two weeks. I have spoken to Joe and he thinks Susan can be left in charge of the technical stuff here at The Settlement. It might help to get her mind off the ghastly experience she has gone through.'

  'How do you deal with all this?' asked Kim, 'I'm like a wobbly jelly, I don't know what to do with myself. I almost feel sorry for Donald.'

  'It's the same for me,' answered Tanya. 'The only way I've coped is to try to get on with our plans and think ahead. In time, the scars in the community will heal. We also need to think of a little boy whose life was cut short. And Susan and Chloe's lives will never be the same without Barry, whatever they do. '

  Mark gathered all the members of The Academy together, with the exception of those absent and the fifty who were now planning for a sojourn in Newcastle.

  'There will be a ballot for eight people who will make up the firing squad. If your name comes up in the ballot you will have no choice but to participate. Roger will be in charge. The board has decreed that, as with the trial, no Bower family member will be part of the execution party. There is to be no possible thought that any of this is linked to personal issues such as revenge. Any questions?'

  Most people felt the arrangements for Mrs Weatherspoon were fair, but there were one or two voices who said, 'It's a payoff for her testimony.'

  'You can't win,' said Tanya angrily, when Mark mentioned the conversation he'd overheard.

  An hour before dawn, on the appointed day of the execution, the party consisting of Donald, manacled and mounted on a horse led by Roger, the eight people who made up the firing party, three witnesses, the judge, and a doctor from the hospital, left The Settlement on foot by the occasionally-used western gate.

  Two hours later, deep in the forest, Roger halted the party. 'There is a newly-dug grave just over there,' he pointed.

  'Judge, will you read out the sentence.'

  The judge asked Donald, who was still mounted, 'Do you understand the sentence, Mr Weatherspoon?'

  Donald nodded.

  'Do you have anything to say, perhaps to the victim's family?'

  Donald shook his head.

  The detail then made Donald dismount and escorted him through the trees and tied him to a stout post situated next to the grave. He was blindfolded. The rest of the party followed silently.

  Roger had already briefed the firing party. 'Each rifle has one round in the breech, some of the rounds are blanks and some are solid. Under no circumstances are you to open the breech of your rifle either before or after the shot has been fired. This is to protect you, so at no stage will you as individuals be identified as having fired the fatal shot. I will personally collect all the weapons afterwards and clean them. I have already given you your instructions. Aim for the heart. You will only be ten metres away.'

  The party came to a halt and stood still for a minute, with the firing squad ten metres in front of Donald. Roger, standing to the side, lifted his right hand and said, leaving a second between each order, 'Safety off. Aim. Steady. Fire.'

  All eight shots were fired simultaneously and Donald slumped against his bonds.

  'Safety on. Doctor will you please ce
rtify that Mr Weatherspoon is dead.'

  The doctor spent a minute in front of the bloody corpse, checking for any sign of a pulse, 'I can certify that Mr Weatherspoon is dead.'

  Without further word, the detail untied Donald's bonds and lowered the body into the grave, which was rapidly filled in and covered in branches. When the grave was dug, Mark had instructed Roger to plant ten saplings around the grave site. 'I don't think anyone will ever find this place, but when these trees grow it will be impossible to walk through here anyway.'

  Not one word was spoken on the return. A notice of execution was pinned on the outside of the community hall, signed by the judge, the doctor, and the three witnesses.

  A very upset Roger reported to Mark, and then Tanya, 'I have done many things for this community,' he said quietly. 'Don't ever ask me to do anything like that again.'

  David had kept away during the whole process, but Tanya had kept him informed of progress. Once the execution had been completed and formalised, Tanya phoned him again and asked for his advice. 'Do you think there should be another community meeting, just to put all this to bed?'

  David thought for a moment. 'Probably not. Some people will see it as an attempt at self-justification or even gloating over the outcome. Make certain there is a full factual account of the whole process, right from the murder to a mention of the execution, in the paper. People will make what they will of it all for themselves. I'm sure that for parents of young children especially, there'll be a sense of relief.'