The Heart Radical

by Boyd Anderson

  ‘A daily briefing would be a verbal exchange, would it?’

  ‘That is correct.’

  ‘And are minutes recorded at such gatherings?’

  ‘Not as a rule, no.’

  ‘So you cannot recall the precise details of how you learned about these charges?’

  ‘No. Not the precise details. It was … routine.’

  ‘I see. So it was not actually conveyed to you in a PD101 or some other type of official report or written notification of any kind?’

  ‘To the best of my recollection, no.’

  ‘And to the best of your recollection, Commissioner, can you remember when you heard?’

  ‘No.’

  ‘Or how?’

  ‘Well … as I said, probably during a regular daily briefing.’

  ‘But you cannot recall the date or the actual circumstances.’

  ‘No.’

  Pa looked up to the ceiling high overhead and appeared to be considering a problem. It was as if he was looking at his white wall, but here there was no white wall to look at so he simply looked up at the ceiling. ‘Commissioner, as it would appear that you have been witness to none of the matters in question, why are you here?’

  ‘My lord,’ said Mr Davies, ‘surely the reason for Commissioner Gregg’s appearance here is obvious.’

  ‘Yes, Mr Davies,’ said the judge, ‘perhaps it is. In any event, it is not a question the witness need answer. Move on please, Mr Tan.’

  ‘As your lordship pleases,’ Pa said. ‘Commissioner, perhaps there is another aspect to this case where you can actually enlighten us. Are the charges brought against my client here a de facto message to London? Are they not some sort of, shall I say, PD101 to Whitehall? A sort of crude device designed to make Whitehall sit up and take notice of …’

  ‘My lord,’ said Mr Davies. He didn’t need to say anything more to make the judge understand what was troubling him.

  ‘Yes, Mr Davies,’ Judge Pretheroe said. ‘Commissioner, you need not answer that question either. Mr Tan, I urge you again to move on.’

  ‘With your lordship’s indulgence,’ Pa said, ‘I am attempting to ascertain what evidence this witness can actually offer to …’

  ‘You do not have my indulgence, Mr Tan,’ the judge snapped. ‘Move on, if you will.’

  ‘As your lordship pleases,’ Pa said. He shuffled through his notes once more, making it plain he was setting some pages aside. ‘Perhaps you can help us in this way, Commissioner. When was the state of emergency declared in Malaya?’

  ‘The essential amendment proclamation, otherwise known as the Special Emergency Regulations, were published on the sixteenth of June 1948.’

  ‘That would be the same day as the events that are central to these proceedings, would it not? The date my learned friend has suggested will be remembered as long as Pearl Harbor.’

  ‘That is correct.’

  ‘And it was the events that are central to these proceedings that prompted the publishing of those regulations, is that true?’

  ‘That is correct.’

  Pa bent over his table and scribbled on the paper in his hand. He didn’t look up to speak. ‘How many people have been killed in this conflict since then? Not including the other side, that is.’

  ‘Approximately three thousand. I don’t have the exact figure.’

  ‘Therefore, Commissioner, in the three years, three months and twenty-three days since the Emergency was declared, approximately two and a half members of the security forces or civilians have been killed every day. You don’t have to do the arithmetic, I have just done it.’

  ‘We will take your word for it,’ the judge said, ‘although why you have bothered to make such a morbid calculation is beyond me.’

  ‘I believe my next question will serve to explain, my lord,’ Pa said. ‘By that calculation, Commissioner, the events of that day represented a fraction less than the average toll of the daily events over the entire period, would you agree?’

  ‘No, I would not. As they were the first they were of great significance.’

  ‘And I agree with that opinion,’ the judge said.

  ‘Thank you, my lord,’ Pa said. ‘So therefore, Commissioner, you agree with his lordship that these two deaths were more significant than other deaths perpetrated by the enemy over the past more than three years. Is that why it is that these two deaths, and only these two deaths, have found their way into the centre of proceedings such as this?’

  ‘Mr Tan,’ said the judge, ‘I will not allow that question. I ask you again to adhere to the matter at hand. I remind you once more that we are not in Penang or Singapore, we are in the Federated State of Perak and, in spite of your wish that it be so, there is no jury here for you to impress. You are required to impress just my learned friends, the assessors, and me. And I might say that you will not make much of an impression if you continue to stray from the point or put words in my mouth.’

  ‘I humbly beg your lordship’s pardon,’ Pa said. ‘Commissioner, have you ever received one of your PD101s, or any other report for that matter, on the subject of Batang Kali?’

  Mr Gregg’s mouth opened and we waited to hear what he was going to say, but nothing was forthcoming. It was clear to me that he had not opened it to speak at all, that he had opened it because he was surprised, and the reason I thought that was because all of a sudden he appeared to be uncomfortable in his seat. He looked at my father and blinked a number of times before looking at Mr Davies. After all this, he finally found an answer.

  ‘Well … off-hand, I can’t recall.’

  ‘I see.’ Pa nodded as though it was understandable. ‘I realise you have not received notice of this question, Commissioner. In such circumstances and in a position such as yours, it may indeed be difficult to recall, but please indulge me for a moment. Have you heard of Batang Kali?’

  ‘It’s a village … in Selangor, isn’t it?’

  ‘Indeed it is, and thank you for remembering. Do you know why the events at that village in Selangor on the night of the eleventh of December 1948 have never been the subject of proceedings such as this?’

  ‘Mr Tan,’ said the judge, ‘you may have received the indulgence of the witness, but not of this court. I trust you are not again straying.’

  ‘I don’t believe so, my lord. I believe this matter to be most relevant and must be pursued.’

  Judge Pretheroe looked over his glasses. ‘Very well.’

  ‘Commissioner,’ Pa said again, ‘what can you tell the court about the events at Batang Kali on that date, the eleventh of December 1948?’

  Mr Gregg tugged at his collar and shifted in his seat again. ‘Yes, well …’ He cleared his throat. ‘I seem to recall now that there was an incident at that time involving the security forces and a large detachment of CTs. Quite a number were captured.’

  ‘Yes,’ Pa said. ‘I can help you with that. Twenty-five, in all, were taken prisoner. It was reported in the papers at the time as twenty-four. Was it twenty-four or twenty-five in the original reports you received?’

  ‘I … can’t recall exactly.’

  ‘I see. Well, what’s one Chinaman more or less, eh?’

  There was a collective intake of breath in the gallery around me. I’m certain I saw Judge Pretheroe’s jaw drop. He placed his hands palm down on the bench in front of him, and I thought he was going to rise up from his seat, but in the event all he did was lean forward with a scowl.

  ‘Mr Tan, I will not have such an epithet thrown about my court. Nor will I have that kind of unsubstantiated innuendo invoked. You have told me that this line of questioning is relevant. I urge you to convince me that is the case.’

  ‘As your lordship pleases,’ Pa said with a courteous bow. ‘And I beg your lordship’s pardon if I have overextended.’ He turned again to the witness. ‘Twenty-five villagers, Commissioner, whose loyalty, if any, to one side or the other was yet to be determined. How many of those twenty-five were delivered into custody in
order to make that determination?’

  ‘I don’t recall exactly.’

  ‘Then I can help you here, as well. Twenty-five men were shot and killed trying to escape. Twenty-five exactly, trying to escape. It was hailed at the time as …’ Pa turned to Uncle Hung Jeuk who had a paper ready to pass to him. ‘And I quote, the biggest success for our forces since the Emergency began. Do you recall it now?’

  ‘Yes,’ Mr Gregg said.

  ‘There were no survivors from this incident, apparently. Does that strike you as odd?’

  Mr Gregg shifted again in his seat and shrugged. ‘I … don’t really know …’

  ‘Do you now recall receiving a PD101 on this incident?’

  ‘I suppose … I imagine I must have … at the time.’

  ‘And with your memory refreshed, Commissioner, isn’t it true that none of those men were communists, that all of them were unarmed rubber tappers and tin mine workers? Isn’t it true that there was no such escape, that the security forces on that day, namely a troop of Scots Guards – the Second Batallion Scots Guards, I believe, since departed these shores – isn’t it true that those guardsmen simply shot twenty-five innocent men and set fire to their …’

  ‘My lord,’ Mr Davies said. ‘What possible relevance could these events, whether they are true or not, have to this case? It would appear my learned friend is again straying from …’

  ‘Yes, Mr Davies,’ the judge said. ‘Mr Tan, in spite of your assurances that these matters have a bearing on this case, you seem to be again pursuing a parallel and irrelevant course. Mr Gregg, you are not required to answer any more questions on these matters at Batang … at that place, and Mr Tan, you will not continue to ask them. Am I clear this time?’

  ‘As your lordship pleases,’ Pa said. ‘And Batang Kali is the name of the place, my lord.’ He then turned and looked up to the public gallery, right where we were all sitting. ‘Batang Kali,’ he said, raising his voice.

  ‘Thank you, Mr Tan,’ the judge said. ‘I do not need to make a note of it.’

  Pa turned again to Mr Gregg. ‘Commissioner, you have told the court that you were Inspector-General of the Palestine Police Force prior to your posting to Malaya, isn’t that so?’

  ‘Yes.’

  ‘Isn’t it so as well, Commissioner, that the Palestine Police Force was established with former members of the notorious Black and Tan paramilitary force that the British Government used so ruthlessly during the Irish War of Independence?’

  ‘I couldn’t say. That would be twenty years before my time.’

  ‘I see. So you were never a member of the Black and Tans yourself?’

  ‘Of course not.’ Mr Gregg glared at Pa. ‘How old do you think I am, man?’

  ‘Commissioner Gregg,’ said the judge, ‘your job here is to answer questions, not to ask them.’

  The scowl disappeared from Mr Gregg’s face in an instant. He cleared his throat and straightened up in his seat.

  ‘So, Commissioner,’ Pa continued, ‘when precisely was your time in Palestine?’

  ‘I was Inspector-General from 1946 until 1948, when the British mandate expired. If you need me to be more precise, I’m sorry but I cannot remember the exact dates.’

  ‘That is sufficiently precise, thank you, Commissioner. Now, during those years, from 1946 until 1948, Palestine was in fact a police state, was it not?’

  ‘There was a state of emergency at the time, yes.’

  ‘So you have experience beyond just Malaya of lands under threat from within its own borders?’

  ‘Yes. Although the terrain is certainly different.’

  ‘I imagine so,’ Pa said. ‘I imagine tropical rain forest is what one might call thin on the ground in Palestine. Tell me, was terrorism an aspect of the conflict in Palestine?’

  My father’s little joke encouraged Mr Gregg to relax again. ‘Yes it was. Zionist underground groups such as the …’

  ‘I’m sorry, Commissioner, I don’t mean by the other side. What I mean is, was terrorism in Palestine, as it has been in Malaya, and indeed in Ireland and other territories before that, was terrorism British policy?’

  Mr Davies jumped to his feet. ‘My lord …’

  ‘Yes, Mr Davies, my lord indeed,’ the judge said. ‘Once again, Mr Tan, you are being irrelevant and provocative. Extremely provocative, I might say.’

  ‘I beg your lordship’s pardon,’ Pa said. ‘Commissioner, in your experience, is it necessary to burn down the homes of …’

  ‘My lord …’ said Mr Davies.

  ‘Yes, Mr Davies,’ the judge said. ‘Mr Tan, you will not complete that question and, Commissioner, you are not required to answer it.’

  ‘As your lordship pleases,’ Pa said. ‘Let me approach this another way. Commissioner, in your experience is it necessary for British soldiers to be photographed proudly holding the severed heads of men who …’

  Mr Davies jumped up yet again, but before he had a chance to say anything, the judge slapped his bench. ‘Counsel, please sit down. Both counsel.’ When they did, the judge scowled at my father.

  ‘Mr Tan, you will not stray along this line again. You have received more than ample direction in this matter, and I will say to you now that if you do stray along this line again I will adjourn these proceedings and I will see you in my chambers. Are we all clear on that now, Mr Tan?’

  ‘Yes, my lord,’ Pa said, getting to his feet again. ‘I, for one, find it perfectly clear.’

  And then he continued as though nothing had happened, as though the judge wasn’t red in the face, as though Mr Davies wasn’t shaking his head, and as though Uncle Raja wasn’t fidgeting in his seat like he was sitting on a nest of ants.

  ‘Commissioner, in your opinion as Commissioner of Police, are you fighting a global communist threat or an anti-colonial insurgency?’

  ‘It’s communist, all right,’ Mr Gregg said. ‘Beyond that … well, I’m no politician.’

  ‘No, I understand that your expertise is in terrorism. However, from your position in the vanguard of our defences, would you say that Malaya is a front in the war against communism?’

  ‘I’m going to stop you there,’ the judge said. ‘The witness has already said he is not qualified to answer such a question, and frankly I fail to see what point it would serve if he could answer it. Can you enlighten me, Mr Tan?’

  ‘I will try, my lord. I am merely seeking the Commissioner’s opinion on the matter of whether or not he is engaged in a war.’

  The judge straightened up so much I thought he was going to get to his feet, which would have meant that everyone else in the room would be required to do the same. But his jaw clenched and his face reddened again and he managed to remain seated. He glowered at my father, who avoided looking at him by shuffling papers.

  ‘If you have no more questions, questions that are relevant to this matter, which I remind you is murder, Mr Tan, the witness is excused. Do you have any relevant questions, Mr Tan?’

  ‘No, my lord,’ Pa said. ‘I cannot think of one question for this witness that could possibly be relevant to this matter.’

  40

  DAY TWO

  I was so excited I was jumping out of my skin. I didn’t know the word then but what I was feeling was exhilarated, and if I had known that word then I would have said it to everyone in the public gallery.

  It was apparent that Mei and Li also had a touch of it. However, there was another sensation niggling at me, and that was a perception that they, being older and more aware than I, were not sure just how things had gone for our father. Their expressions repeatedly changed from a smile to a frown and then back again.

  Uncle Raja was as white as a sheet. That was not a term I had heard before then either, but it was just the way to describe the look on his face. It was actually what Dr Thumboo said to him: ‘Mr Rajaratnam, are you all right? You look as white as a sheet.’ Of course, Uncle Raja’s face was one that could never really be as white as a sheet, but I thought it
completely appropriate for describing the state he was in. He didn’t say anything to explain how he felt, and I was just about to say to him ‘Why worry?’, which I imagined to be a good thing to say to someone to make them happier, when he hurried downstairs.

  Down there I could see Uncle Hung Jeuk was as exhilarated as I. Now that the judge was gone he was shaking my father’s hand up and down with both of his own, and my first thought was to wonder if Pa had gone so far that Uncle Hung Jeuk had to show him that he was not carrying a weapon in either hand.

  That night I went to bed thinking that not once during the whole day had my mind wandered. And I was also thinking about something that before that day would have been simply unthinkable. I started thinking that all I wanted to be was a lawyer. Well, not all, of course, because I knew I would also grow up to be a lady, and there was no way of avoiding that. So what I actually wanted to be was a lady and a lawyer. I would be a coincidence like Dr Mrs Thumboo. I wouldn’t be a Miss Tan or a Mrs Tan or a Madam Tan, I would simply be Tan, a learned friend like my father, whom I was now convinced was simply the smartest man in the world, not just Malaya or the British Empire. I had heard about a Mr Einstein and how he was the smartest man in the world, but I didn’t think even he could have been as smart as Pa was in court that day.

  Before I went to sleep I was aware that my whole body was tingling and my heart was humming and I knew why. It wasn’t just that now my life was laid out for me. Yes, I had climbed the hill and the Nine Emperor Gods had seen fit to show me the view ahead, and I could start planning to work through all the things that my father had endured that would eventually get me called to the Bar, work through them one at a time like the words of the Three Character Classic with my ear, my eye, my hand, my brain, one day even my heart, until I earned the right to wear a wig – but it was even more than that. It was something immediate, which was happening right now and would deliver its reward in just a day or two, not after years and years of toil. I knew that Toh Kei would be all right, because the smartest man in the world was on his side and not even Mr Davies or Judge Pretheroe, not even Mr Einstein could stop us now.