A Case in Question

by Herb Hamlet

  As soon as Judy set eyes on him, she felt her confidence grow. She liked him immediately. To her, he exuded a feeling of genuine warmth and confidence. Although his dark blue suit had seen better days, his overall appearance was impeccable. Following her into the office, he pointed to a straight backed chair in front of his desk and closed the door. “Take a seat.” He flopped into his office chair and got straight to the point. “Jerry gave me an outline on what happened to your husband.” His eyes narrowed. “An absolute disgrace to the Queensland corrective system.”

  “What can we do about ir, Mr. Flanagan?”

  “We’ll discuss that in a moment, Mrs. Rankin.” He leaned forward with pen poised over a thick note pad. “First of all, I’d like you to start at the beginning and work your way right up to the present. Tell me everything, not leaving out any detail, even things that don’t seem important to you.”

  So Judy did as she was asked. She provided him with a brief outline of their motor retailing business in Dalby, then went on to the Taxation Department’s audit and the role played by their accountant. Jim’s trial and his subsequent imprisonment came next. She described her husband’s treatment at Pukka Correctional centre and the disinterested attitude of prison staff. In a voice choked with pain she spoke of the brutal attack and rape of her husband. She suddenly realised she was quietly sobbing.

  Henry reached into his bottom drawer. “I know this is so upsetting for you, Mrs. Rankin, but t’s important you continue.” He handed her a box of tissues.

  She told him how the assault had affected her husband’s overall bearing and morale. “I don’t think he’ll ever be the same.” Another small tear trickled down her cheek. “He puts on a brave face, but I can tell.”

  Henry jotted down every detail. She finally told him of her meeting with the Chief Correctional Officer causing Henry to stop writing for a moment. “This person appears to accept bashings and rape as a normal part of prison life.”

  “Yes. That’s exactly how it is, Mr. Flanagan. Dispicable man!”

  Henry sat back in his chair. “As Jerry probably informed you, Mrs. Rankin, in the majority of cases, the state is protected from civil action undertaken by those in their custody.” He watched a look of disappointment spread over her face. “However, I don’t think that protection absolves them where their duty of care responsibilities are concerned. And that’s where we might be able to nail them.”

  “‘Duty of care.” Her tone was uncertain. “What in the devil does that mean?”

  “I’ll try and explain.” He twiddled the pen in his hand. “Public servants, or persons acting on behalf of governments at all levels, have a responsibility to follow laws and procedures in their dealings with the public. In the main, government officers appear to do the right thing, however, there are exceptions. For example, a public servant or a person acting on behalf of the government cannot knowingly provide a member of the public with false information, or in your husband’s case, knowingly place a person under their care and control in jeopardy.”

  “I see.”

  “And there are plenty of precedents that will allow me to argue the case in court.” He added confidently.

  “Does that mean, you’ll take the case?” She raised her eyebrows.

  Henry didn’t like to raise the subject, nevertheless, he had pressing bills and a staff member to pay. “I have to inform you that the proposed legal action will be expensive. Especially if we lose.”

  “Oh!” Judy felt instantly deflated. “I thought Jerry would have told you. We have very limited finances, Mr. Flanagan.”

  “And so have I, Mrs. Rankin,” he replied stiffly, leaning forward. “I’ve only just started practicing law again.”

  “Yes, I know.” She hesitated. “I suppose that’s it then.”

  His conscience was pricked by her disappointed expression. “Not necessarily,” he said, his tone turning sympathetic. “Look, I’ll agree to take the case on a contingency basis and we can share the expenses.”

  “What do you mean, contingency?” She looked puzzled.

  “If we win, I get thirty-three percent of the damages award. And you get the other two thirds.”

  “What about the expenses?”

  “There may be a little traveling involved and probably some minor administrative outlays.” He did his best to reassure her. “It’s difficult to predict. But it shouldn’t cost too much.”

  “Thank you, Mr. Flanagan.” Another tear escaped as she held out her hand and rose. “You’ve no idea what this means to me.”

  “Oh, I might,” he said with ice lacing his tone. “I’ve waited years for a little payback against this Premier and his pathetic government.” He followed her through to the outer office. “Have a safe drive home.”

  ***

  Turning back to Elaine, Henry slumped down in one of the reception area’s chairs. “We’ve taken the Rankin case.” He tried to hold back a sigh but failed. “On a contingency basis.”

  “That’s good.” Elaine beamed. “I like her.”

  “It will mean a lot of work for us.”

  “But it’s new territory, Henry. A case no one else has previously taken to court.” Grey eyes met blue. “Right, how can I be of assistance?”

  “For a start, we’ll have to do a background check on all the prison staff at Pukka Correctional centre, especially the Chief Correctional Officer, a man named Weston.” Henry paused and drummed his fingers on her desk. “At this stage we don’t know the names of the actual perpetrators of the assault. However, we do know the attack was initiated by a prisoner named Lurch Lincoln. Lurch is probably not his real name.”

  She raised her eyebrows and grinned. “You’re kidding.”

  “Sorry.” He laughed lightly, a little embarrassed, and changed the subject. “Well, how long have you been here now?”

  “It’s been nearly four weeks, Henry.” Their eyes met and held.

  “Look.” He coughed to cover up the flush on his cheeks. “We need to tidy up our current cases because the Rankin case will take up much of our time over the coming months. Can you stay back for a while tonight?”

  “Why yes. I have no lectures or tutorials today.”

  “That’s great.” He rose and had just reached the entrance to his office when he turned back. “Why don’t we go out and get some dinner at about five thirty? Then we can get into it.”

  A small frown fleetingly crossed her brow, replaced by a small smile at the corners of her mouth. “Very well. That would be nice. Thanks.”

  ***

  Around dusk, they stepped into the street and strolled toward the Queen Street Mall. To make conversation he said, “There’s a bistro which serves up the best steaks in town. Just melt in your mouth.”

  “Sounds nice, Henry.”

  As he and Elaine were about to enter, to his surprise, she linked her arm firmly in his. Passing the occupied tables, he felt like a million dollars having a beautiful woman holding on to him. He was pleasantly aware of the looks of appreciation Elaine received from a number of seated males. Henry was also impressed by the graceful way she moved and the feminine gestures she unconsciously made with her long delicate fingers. Her body was slender, but full of soft curves. Occupying a small corner booth, the old craving for alcohol surfaced as he signaled to the waiter.

  “What will you have?” the waiter asked.

  “Lemon, lime and bitters,” Elaine said.

  He couldn’t hide his surprise and delight. “Me, too.”

  Her sparkling grey eyes twinkled with mischief. “I’m not much of a drinker, Henry.”

  “And neither am I anymore.” He looked a little sheepish as the memories returned. While they waited for the drinks, he gave her a brief rundown on his brush with alcoholism and the hold it had on him for a time.

  “You beat
it, Henry. That’s the most important thing.”

  “You never really beat it, Elaine.” His lifted his shoulders in a shrug. “So they tell you at AA. However, I doubt I’ll ever take a drink again. I’ve got too much to lose.” He moved on. “Are you hungry?”

  “Yes, starving.”

  While eating, they chatted lightly about their backgrounds and their respective lives, however, there was a noticeable restraint to their conversations, a holding back. They were like two hesitant strangers, cautiously getting to know each other. Watching her attempts to get her feminine mouth around a forkful of fettuccine cabonara, he laughed to himself. “How is it?

  “Lovely.” She delicately wiped the garlic sauce from her lips with a white napkin.

  After placing the last morsel of food in his mouth, Henry pushed his plate away and looked across the table. “When you’re finished, what say we have a cup of coffee and get back to the office?”

  “Yes, we’ve much to do.” She nodded.

  Leaving the bistro, she again took his arm.

  Just as Henry unlocked the outer office door and switched on the light, an enormous moth took flight and fluttered into Elaine’s face. In an effort to brush it away, she stumbled sideways against him, crying out in fright. Henry moved quickly, taking a firm grip of her elbow, pulling her lightly against him. For a long moment, they stood still, neither willing to move, their faces only inches apart. He stared down into her lovely features, and almost got lost in the swirling depths of her grey eyes. She looked cool and assured, yet warm and giving. To Henry, at that particular moment, time stood still. In the light of the small office, her sparkling gaze was unwavering as it held his. His heart welled up, now fully conscious of the strong attraction he felt for Elaine; her exquisite face, her natural thick silky blond hair, her brilliant grey eyes and soft pouting lips. He thought her smile could make him feel happy no matter how sad or angry he actually felt. The light fragrance of her perfume drifted into his nostrils and he breathed a light sigh. In his mind, he could almost feel her lips brush against his. As her breathing increased, he couldn’t help himself. He leaned over and kissed her long and hard, the kiss a release of pent-up longing and withheld emotion. It had been so long. For a few moments, she stood trembling, then she responded. Her delicate arms circled his neck drawing him close against her. Their intense mutual attraction, simmering for the past weeks, had boiled over. They came apart. “Hell, how did that happen?” he gasped. “I’m sorry, Elaine, I don’t know what came over me.”

  “Don’t be.” Her lips parted to reveal a shy smile. “I was just as much to blame.”

  “I’m truly sorry. It was very unprofessional of me.” He blushed with embarrassment.

  She watched his cheeks turn pink and had to suppress a grin. A man of principle. “It’s alright, Henry.” She shrugged. “Forget it.”

  “You’re a very attractive woman.” He couldn’t remove his eyes from her face. “How could Slater have let you go?”

  On hearing the name of her former husband, the bright spark disappeared from her eyes. “He wouldn’t know how to have a normal relationship with a woman.” She pressed her lips together tightly. “The bastard.”

  He saw the hate burning in her eyes. “Forgive me, Elaine,” he apologised. “I shouldn’t have mentioned him.” He thought it time to change the subject. “Look, we’d better get to work.”

  She nodded her head in acceptance of his apology.

  ***

  After locking the office at ten, he turned to her. “I’ll give you a lift home.”

  She shook her head. “No, it’s fine, Henry. I’ll catch a bus.”

  “Don’t be silly. Buses are few and far between this time of night. It’s not far out of my way.”

  “Thanks, Henry.”

  Sitting behind the steering wheel of the old Volvo, a flurry of emotions flowed through him. On the one hand, he was almost overcome by Elaine’s presence beside him, an attraction that went way beyond her looks and bearing. On the other hand, she worked for him, a situation which brought his ethical standards to the fore. Watching the road ahead, he gritted his teeth. This attraction, it’s too much. She’s so lovely - in every way.

  Elaine’s townhouse was on the first floor in a complex of six, situated one street from the Toowong Cemetery. Henry switched off the Volvo’s motor and for a long moment they sat taking in the quiet of the evening. Henry felt as if he had to say something. “I feel I’ve breached my own ethical standards, Elaine, and I’m feeling a little embarrassed.”

  “Look Henry, it was only a kiss. No harm was done. Honestly.”

  “What about our working relationship? Have I compromised it?”

  “No, of course not.” She hesitated. “I’ll do my job and you’ll do yours and we’ll see what comes of things.”

  “I’m very much attracted to you, Elaine.” He stared straight ahead “Although I don’t want to get involved at the present.”

  “Me neither.” There was genuine sadness in her tone. “I like you a lot, Henry - maybe too much, I fear. The truth is I’ve had enough of relationships to last me a hundred lifetimes.” She checked her watch. “Oh, it’s getting late. I’d better go in, I suppose. We have a big day ahead of us tomorrow.”

  “Very well.” He hesitated, not knowing what to say. “I hope we can go out one night. You know for company.”

  “That would be lovely, Henry. I genuinely look forward to that.” She turned to him.

  Taking a light hold of her shoulders, he drew her gently toward him. The kiss when it happened was meant to be a light farewell from one friend to another, almost platonic. But it quickly developed into something much more sensuous, more gratifying, more physical. They came apart, both breathless.

  “Bloody hell,” he gasped.

  “Good night, Henry.” She was unable to disguise her delight as she opened the door and stepped from the vehicle.

  ***

  Lying in bed that night, Elaine’s heart continued to flutter. After Keith, she never thought she’d experience such feelings again. That kiss...so tender yet demanding. I didn’t want to get involved again. She felt a lopsided grin growing across her face. Henry Flanagan, you are wearing down my resolve. She rolled over and fell into a deep sleep, hoping the kiss would return in a dream.

  ***

  All through the following day, Henry and Elaine acted as if nothing had happened between them the previous night. They went about their jobs with their usual professionalism. Henry drafted the statement of claims and other pertinent writs which advised the court system, the Department of Corrective Services and International Corrections of the impending legal action. During her lunch hour, Elaine personally delivered the legal documents to the relevant offices in the city.

  Popping her head through his door just after four fifteen, he looked up expectantly.

  “I’m off, Henry. I have a five tutorial at uni.”

  He looked thoughtful. “I’ve been thinking, Elaine. Look, I don’t do much at nights these days. Why don’t I give you some assistance? I mean I have so much experience. It’s a shame to waste it.”

  “You’d do that for me?” She looked surprised. How generous.

  “Yes, of course.” Mischief danced in his eyes. “You work for me, so I’d be the one to benefit from any instruction I give you.”

  “That is wonderful. I’ll take you up on that.” She hesitated. “What about this thing between us?”

  He shrugged. “I’m fifty-one and you’re forty-three. I think we’re old enough to be trusted, don’t you?”

  “When will we start?”

  “What about tomorrow night?” He opened his diary and turned the page. “Your place or mine?”

  “You can come around for tea tomorrow night. Then we can get to work.” She smiled her thanks.

  Chap
ter Seven

  Entering her apartment the following evening, Henry nodded approvingly. “Small, but neat, tidy and very comfortable. Just like I thought it would be.” The dining table was covered with a lace table cloth. A lighted candle created an intimate atmosphere.

  “Humble but home.” She poured him a ginger ale. “Right, I’ll dish up.”

  After a delightful meal of roast lamb, complimented by mint sauce and vegetables, followed by apple pie and ice cream, Henry sat back and patted his stomach. “That was a beautiful meal, Elaine. I’m so full.”

  “I’m glad you enjoyed it, Henry.” She rose and began clearing the table. After retrieving her briefcase from the bedroom, she sat down opposite him. “Right, let’s get to it.”

  “I’ll have to spend a penny first. Where is it?” He took note as she pointed the way to the bathroom.

  Standing over the toilet bowl, Henry heard the muted sound of a door bell in the distance. Then the sound of the door opening, followed by loud voices. He heard an angry male voice. “You bloody bitch.” The voice exploded. “You’re working for that bastard, Flanagan. How do you think that makes me look in eyes of Brisbane’s legal fraternity?”

  “I couldn’t care less how you look,” was as far as she was allowed to proceed before Henry heard the sound of a slap and her painful cry. He adjusted his clothing and darted from the bathroom. On entering the living area, the sight confronting him made him draw in a sharp breath. With his left hand, Chief Justice Slater had hold of his former wife’s arm in a vice-like grip. His right hand was drawn back menacingly. He was about to strike her again.

  Henry took hold of the offending hand and twisted it with all his strength. His old adversary cried out in pain as Henry turned him around before pushing him away.

  The look on Slater’s face was incredulous. He couldn’t believe his eyes. It was as if he had seen a ghost. “You! You’re here?”