Cyanide Games: A Peter Tanner Thriller

by Richard Beasley

  ‘You can suggest it,’ Amanda said, regaining some composure, ‘but that’s not true.’

  ‘Nothing further, your Honour,’ Murphy then said.

  ‘Is now a convenient time, your Honour?’ Tanner said. It was nearly eleven thirty, and they’d been going for an hour and a half. A fifteen-minute break would give him the chance to talk to Amanda Weatherill now that her cross was over. ‘I’d like a chance to take instructions on a few matters.’

  The judge paused, and took his glasses off. ‘Yes,’ he said slowly. ‘Fifteen minutes, then. We’ll resume at eleven forty-five.’

  42

  When Amanda Weatherill entered the defence room, the tears that she’d managed to fight off in the courtroom had started to flow. The colour had drained from her face. Tanner was angry, but one look at her told him to take a breath and recalibrate.

  ‘Why didn’t you tell us?’ he asked as calmly as he could, gesturing for her to sit at the small conference table.

  ‘I – I didn’t want to upset Justin’s wife,’ she said.

  ‘We could have defused it. Judges have to work hard to believe people if they’ve lied or not been upfront –’

  ‘I didn’t lie.’ Her voice was strained, cracking. She took a deep breath and closed her eyes. ‘I didn’t know he was married,’ she said. ‘I broke it off when I found out.’

  Tanner nodded, and Jane Ross finally found a small pack of tissues she had buried in her document bag.

  Amanda took a tissue and blew her nose. ‘I didn’t think it would be great for Justin either.’

  ‘You’re a pretty minor thing compared to being charged with murder.’

  ‘Peter,’ Jane said sharply.

  ‘I didn’t think anyone knew,’ Amanda said.

  ‘Did you tell Nikki?’ Tanner asked.

  She looked at him, then at the ground. She gave a small nod.

  ‘She’d just married Jack. You didn’t think she’d tell him?’

  ‘She said she wouldn’t. I was embarrassed . . . she said she wouldn’t tell anyone.’

  ‘And the wheelchair for your brother?’

  ‘Justin didn’t want anyone to know it was him. He didn’t want to embarrass my family.’

  ‘Nikki again?’

  ‘I don’t know.’

  ‘Okay. I’m going to ask you some questions. I want the truth. Then you’re going to have to get back in the box and tell the judge. Okay?’

  She looked at him meekly, then nodded.

  • • •

  ‘You recall Mr Murphy asked you some questions about a short relationship you had with Mr Matheson about seven years ago?’ Tanner asked when his re-examination began.

  ‘Yes.’

  ‘Where did you meet him?’

  ‘On a boat. A party on a boat.’

  ‘Where?’

  ‘Here. In Sydney Harbour.’

  ‘Whose boat was it?’

  ‘John Richter’s. Well, I don’t – it may have been his father’s.’

  ‘Who else was at the party?’

  ‘Nikki asked me.’

  ‘Was it a large party?’

  ‘A lot of people,’ she said. ‘Most I didn’t know.’

  ‘And you met Justin on board?’

  ‘Yes.’

  ‘What about Mr Matheson’s wife?’

  She shook her head. ‘No.’

  ‘Did Mr Matheson talk about his wife to you?’

  ‘No.’

  ‘When did you find out he was married?’

  ‘The day before I broke it off with him. Nikki told me. It was about three weeks later.’

  ‘Can we take it from your answer that this was the reason you ended the relationship?’

  ‘Yes.’

  ‘These matters aren’t in your affidavit, Miss Weatherill. Why not?’

  ‘I didn’t think what happened between Justin and me had anything to do with Nikki’s marriage.’

  ‘Mr Murphy asked you about your brother’s wheelchair. You recall that?’

  ‘I’m not going to make things up about what a friend told me because of that.’ She started to cry. ‘I wouldn’t lie for him,’ she said when she’d composed herself.

  ‘I have nothing further, your Honour,’ Tanner said. He sat down and looked at the judge, who was still looking at Amanda.

  ‘Thank you, Miss Weatherill,’ Knight said. ‘You’re free to go.’

  • • •

  Tanner kept his oral submission short and to the point. The hard legal lifting was done in writing.

  ‘Mrs Richter did what most people would do when telling a friend about what advice her lawyer had given,’ Tanner began. ‘She gave the substance of the advice. Get him on film. Catch him out with other women. When he hurt her, Ms Cook told her to take photos. Do all that so I can start negotiating on the pre-nup. You’ve already been living apart for twelve months in the eyes of the law, we can file for divorce now. The finer details may not have been there, but the substance was. And when it comes to what Mrs Richter told Miss Weatherill she’d told her lawyer – well, that was more detailed, as you’d expect it to be. She was her closest friend. She told her lawyer and her best friend the same thing – the awful details of her marriage. The cat’s out of the bag, your Honour. The estate can’t put it back in now. There was a clear waiver of privilege.’

  The law wasn’t on Murphy’s side, so he went after Amanda Weatherill. He suggested she was a witness who’d say anything that would help Matheson’s cause in a case where the stakes were so high. He told the judge that Nikki Richter was a liar too. She’d told her lawyer untruths about her husband, all so she could blackmail him into paying her more than she was legally due under her pre-nup.

  ‘Does it matter if Mrs Richter was untruthful to her lawyer in the instructions she gave?’ Knight asked.

  ‘It does to Mr Richter, your Honour. It also affects the admissibility of these legal files.’

  ‘That’s a different question. We’re dealing with waiver of privilege. The waiver can occur whether or not Mrs Richter’s instructions to Ms Cook were truthful or not. Admissibility will be dealt with at trial, and only if Mr Tanner seeks to make use of any document from the files.’

  It’s rare for a lawyer to interrupt another during final address. It wasn’t something Tanner did unless he thought he was on strong ground. Today was one of those days.

  ‘I hesitate to interrupt the debate between your Honour and my friend, but I’m afraid I have to.’

  Murphy pretended to be astonished, before looking back to the judge to intervene.

  Knight took his glasses off and looked at Tanner. ‘You have to?’

  ‘Yes, your Honour. Because as I’m sitting here, I’m having difficulty working out who Mr Murphy is appearing for.’

  The judge sucked on the tip of his glasses. ‘He announced his appearance for the estate.’

  ‘Yes. And I’m wondering what a lawyer who’s acting for the estate of the late Mrs Richter is doing calling her a liar in court?’

  There was a flicker in the judge’s eyes, and for a moment Tanner thought he detected a wry smile. The judge swung his chair slightly and now directed his gaze at Murphy, but Tanner continued before he could speak.

  ‘You see, your Honour, I’m assuming Mr Murphy is getting his instructions from the executor of the estate, Mr Richter. And I guess I can understand why he – as an individual man – would want to refute the suggestion that he was a serial adulterer, abusive to his wife, and that he nearly strangled her one night before her death. What I’m struggling with, though, is how Mr Richter can give those instructions as the executor of the late Mrs Richter’s estate. Because I’m pretty sure an executor has to act in the best interests of the estate. And calling the deceased a liar is not in her estate’s best interests.’

  ‘Mr Murphy?’ Knight said.

  ‘There’s nothing contrary to the interests of the estate in Mr Richter instructing me that his late wife was untruthful about certain matters. His duties as
an executor are to find the will, make funeral arrangements, obtain a death certificate, dispose of the assets and distribute them to beneficiaries.’

  ‘So my friend has two clients today,’ Tanner said. ‘Mr Richter the aggrieved widower, and Mr Richter the executor of Mrs Richter’s estate. I usually have enough trouble with one client.’

  ‘Who are the beneficiaries under the will, Mr Murphy?’

  ‘Mr Richter for one, your Honour.’

  ‘Anyone else?’

  Some whispering took place among the legal team behind Murphy. Murphy apologised and joined the gathering.

  ‘Mrs Richter’s parents as well, your Honour,’ he said. ‘And her two siblings.’

  ‘Doesn’t the trustee have to act in the best interests of beneficiaries?’ Tanner said. ‘I wonder if it would surprise the late Mrs Richter’s parents that it was in their best interests to hear their daughter called a liar in court?’

  ‘That’s a ridiculous comment,’ Murphy snapped.

  ‘Is it, Mr Murphy?’ Knight said. ‘How is any of this advancing the ends of the estate? It might assist Mr Richter personally, but –’

  ‘He’s a beneficiary too, your Honour.’

  ‘He’s not the estate,’ the judge snapped. There was a long pause as the judge looked to the ceiling, gathering his thoughts. ‘I’m troubled by this, Mr Murphy,’ he finally said.

  ‘We can do a written note for your Honour on this issue.’

  Tanner jumped to his feet. ‘I hope Mr Murphy doesn’t think he and whoever actually is his client can delay a murder trial so that some thesis can be done on –’

  ‘Sit down, Mr Tanner,’ Knight said. He looked at Murphy again. ‘Is there anything further you want to say about why privilege was not waived?’

  ‘No, your Honour.’

  ‘All right. You can have until four pm to put in writing what you want on the matter that’s just been discussed. You have a limit of five pages. Mr Tanner, you can have until seven to respond. The same page limit.’

  ‘I do have a murder trial to prepare, your Honour,’ Tanner said.

  ‘You have a junior, and a large law firm instructing you – delegate. Either way, I’m ruling on this matter at ten tomorrow. If I rule there’s been a waiver, we’ll start empanelling a jury at two to enable some time for the parties to look at the documents. Otherwise we start at eleven.’

  ‘Thank you, your Honour.’

  ‘And I can let the parties know that I intend to examine the files of Ms Cook as part of my deliberations.’

  ‘We’d resist that, your Honour,’ Murphy said.

  ‘Why?’

  ‘Mr Tanner isn’t claiming that the documents aren’t privileged. He only alleges waiver. Your Honour would only need to look at the documents if you had to make a determination as to whether privilege attached to them at a prima facie level. That’s not in issue.’

  ‘I need to determine if what’s in the files lines up with Miss Weatherill’s evidence, Mr Murphy.’

  For an instant, Murphy looked like he might press his objection, but then stopped himself. ‘If the court pleases,’ he said.

  The judge glared at him for a long moment. ‘Looking at those documents won’t cause me to become prejudiced, Mr Murphy, if that’s what’s – ’

  ‘I wouldn’t dare suggest that, your Honour,’ Murphy said quickly.

  The judge nodded. ‘Good. Because first, based on your submissions, I’ll only find untruths in the file – the untruths being any representation of fact made by Mrs Richter to her lawyer that is critical of her husband. Secondly, a jury will decide the outcome of this trial, not me. Thirdly, whatever is in the file, rest assured I’ll be able to do my duty as a judge of this court. Is there anything else?’ He was already leaving his chair to adjourn when Murphy said ‘no’.

  • • •

  When the judge had left, Tanner told the rest of his team that he wanted a few minutes with his client before he was taken back to Silverwater.

  When they took their seats in the interview room near the cells, Tanner looked at Matheson for a long time before speaking.

  ‘I bet you’re glad the judge cleared the court and made a suppression order, Justin?’

  Matheson said nothing.

  ‘Are there any witnesses in this case other than Klaudia, Deborah Edelman and Amanda that you’ve slept with? I noticed the court reporter looking at you. Anything happened with her?’

  Matheson glared at him, but still didn’t speak.

  Tanner brought his palm down hard on the desk. ‘I’m waiting for an answer, Justin!’

  Matheson sat back in his chair in shock. ‘I didn’t think that was a serious question,’ he said.

  ‘Really? This is a serious statement: If I find out you’re holding out on me again over something important, I’m walking out on you. I don’t care if it’s mid-fucking-trial. Is that clear?’

  ‘We didn’t think it –’

  ‘I don’t care what you think, Justin. You tell me everything. Just don’t tell me you hurt Elena. Then you’ll have an even bigger fucking problem than you have now.’

  ‘I didn’t touch that girl,’ he said.

  ‘Unlike Amanda. How long had you been married when you started that?’

  Matheson looked angry for a moment, then breathed out, and calmed himself. ‘It was a mistake,’ he said. ‘I didn’t make one like that again until Klaudia.’

  ‘What was Deborah? A triumph?’

  Again Matheson glared, but said nothing.

  ‘You know, Justin,’ Tanner said slowly, ‘we might have to call Amanda in our case. Her evidence won’t be suppressed then. Not in a jury trial.’

  ‘Do you think we’ll win the application today?’

  ‘Maybe.’

  ‘Then can’t we just use the documents in the files that –’

  ‘Amanda can give a human dimension to what kind of man Richter is that documents alone can’t. She can be like having Nikki in the courtroom for us.’ Tanner paused and shook his head. ‘What I’m saying, Justin, is that if I think we need to call her, you probably should have a conversation with your wife about Amanda.’

  Matheson ran his hand through his hair, and shook his head. ‘This will be the last straw, Peter. She will –’

  ‘I’m not a marriage counsellor, Justin. If my judgement is to call Amanda, we call her.’

  ‘I don’t get a say?’

  ‘Sure you do. But if we disagree, you get overruled. Getting convicted of murder might be a bigger final straw for your marriage than Amanda.’

  ‘I thought you had to follow my instructions?’

  Tanner gave a weary smile. ‘Do I look like the kind of lawyer who’s going to follow your instructions over my judgement? I’m giving you a heads up. We can arrange for you to see her before court. Speak to your wife.’

  Matheson glared at Tanner again, went to say something, then the fight went out of his eyes, and he shook his head. ‘Just – just give me twenty-four hours’ notice, okay? If you think you have to call Amanda, just give me that.’

  Tanner shook his head. Not quite in disgust, but heading there.

  ‘Aren’t you meant to be making me feel good about myself?’ Matheson said. ‘Building my confidence before I have to give evidence in my fucking murder trial?’

  Tanner laughed softly, and stood up. ‘We’ll get to that bit, Justin,’ he said. ‘I’ll give you twenty-four hours’ notice.’

  43

  Tanner delegated Jane Ross to hear the judge’s ruling on the privilege argument on Tuesday morning. Her call from court came through at twenty past nine. Amanda Weatherill’s evidence had been accepted: the judge found that Nikki Richter had waived the privilege that attached to her communications with her lawyer Sally Cook. The defence now had access to her files.

  Tanner told Ross to arrange for a paralegal to start copying the documents. ‘Come straight back here,’ he said.

  ‘Pete?’

  ‘Yeah.’

  �
�Just on that. I know you know what you’re doing. I was just wondering –’

  ‘Spit it out, Jane.’

  ‘Justin had a hard day yesterday.’

  ‘You want me to be nicer to him?’

  ‘It couldn’t hurt.’

  ‘Do you think Richard Aitken will be nice to him when he’s cross-examined?’

  ‘He’s on the other side. We’re Justin’s team.’

  ‘You hold his hand, Jane,’ Tanner said. ‘Just be careful where he puts his.’

  As Tanner put his mobile down, his desk phone rang, and he punched speaker. He was told it was Richard Aitken.

  ‘Are you looking forward to reading Sally Cook’s files, Richard?’

  ‘They’re not in evidence yet.’

  ‘My solicitor’s making twelve bound sets for the jury.’

  ‘Can we meet later this morning?’

  Tanner paused. It wasn’t a request he was expecting. ‘I’ve got a murder trial starting today. I’m not sure I can.’

  ‘Cut the crap. It won’t take long.’

  ‘What’s it about?’

  ‘It’s better we do this face to face. Eleven thirty? I’ll take up twenty minutes at most. I’ll come to you?’

  ‘The prosecutor’s office will come to my chambers?’

  ‘Think of it as a once-only offer.’

  ‘Is that what you’ll be bringing?’

  ‘I’ll see you at eleven thirty.’

  When Ross and Porter arrived back from court, he told them about the call from Aitken.

  ‘You think he’s going to try and sell us a deal?’ Ross said.

  ‘What kind of deal?’ Porter asked.

  Tanner held up his hand. ‘Let’s just hear what he has to say.’

  ‘Is this because we have Cook’s files now?’

  ‘Maybe. You spoke to Aitken’s junior, didn’t you?’ Tanner said, looking at Jane Ross. ‘About Klaudia being here?’

  She nodded. ‘He told me she arrived last Friday. You think something’s up with her?’

  ‘I don’t know.’

  ‘If he offers a deal, will you ask him why?’

  ‘I’ll fish for what I can.’

  • • •

  ‘Have you looked at the film yet?’ Tanner said after Aitken had taken a seat in his room next to Ross and Porter right on eleven thirty. ‘Some of those girls he was sleeping with look like hookers. And those bruises on the dead wife’s neck. Your witness is all class.’