Wind Across the Playground

by Ross Richdale

  Wendy paled. "I thought it was all behind me, Sergeant," she muttered.

  "He could strike again, Miss McEwen. Next time you may not be so fortunate. It is in your own interest to co-operate with us. With your help, I am sure we can convict the man. However, without it, our case will not be tight enough to hold up and he'll be free to continue to hound you and, I might add, violate other young woman. He has a long record of sexual impropriety but always picks young women who are too ashamed to report him. We hope you will help us for your own sake as well as society's."

  "What will it involve?" Wendy asked in a hushed voice.

  "After initial statements we will require you as a leading Crown witness. I am afraid every detail of your affair and consequent pregnancy and termination will come out. The defence may very well try to cut you down and have you portrayed as, shall we say, a loose woman but..." He grinned. "I can see you're someone who is determined and who isn't easily intimidated."

  "Oh sure, my private life will be splashed over every newspaper in the country." Wendy sighed. "I never told my parents about my abortion, sergeant. They are very conservative and would be devastated if they knew."

  The sergeant squeezed his nose with thumb and forefinger and, for the first time seemed empathetic. "You will be a witness, not a suspect, Miss McEwen and have done nothing illegal. I doubt if your evidence will attract much attention by the media and the judge has the right to suppress the name of any witness."

  Wendy sighed and turned to face the man. "Okay Sergeant," she replied. "I'll help you. What happens now?"

  "Just tell us what happened," the sergeant said. "We can leave the formal statements until later. Okay?"

  My God, the man sounded almost human.

  WHEN THE NEW YEAR ARRIVED, the line of prefabricated buildings was ready and linked by a walkway to the existing prefab and both other blocks. With the new buildings already started across Kent Park, Noel and his senior staff decided to reorganize from the beginning of the year, rather than when they shifted into the intermediate block. After some discussion it was decided to place the three senior years, Standard Four, Form One and Two in the single cell rooms, make East Block the junior syndicate and West Block the middle syndicate. In her new position as Deputy Principal, Kate moved up to the senior school and, much to her delight, Wendy had been asked to also take a Standard Four, Form One class.

  "We saw how you worked with the seniors with last year's operetta," Karen had told her. "I'm sure you'll do well."

  George, as promised, was placed in charge of the middle syndicate and Glenda Coxon took the juniors in her open plan. Alexia, now a Standard Four pupil, was in the senior school and, after a little persuasion on her own behalf, was placed in Wendy's class after dire warnings she was to call her Miss McEwen in school hours.

  On the home front, Kate was now quite rotund but otherwise her pregnancy was trouble free. Sarah clucked after her and Alexia proved to be an excellent help, too. Noel seemed to relish being an expecting dad and accepted the jibes from Roger and school committee members in the spirit they were given.

  "Gets his wife promoted then puts a bun in her oven," Don Shand the committee chairman teased at the February meeting. "How long are you keeping her straightening out those Form Twos, Noel?"

  "That's up to her but she'll probably take medical leave from Easter."

  "Good," Don replied. "My Stephanie is in her class and is a real young madam. She needs Kate's firm hand."

  "Yes, so is Brian, my lad," Len, another member chuckled. "You could have waited a year until our kids went off to high school, Noel."

  "I waited almost ten years," Noel retorted.

  "Yeah, well," Len replied. "You sure have a gap between your two. We had three in four years."

  Noel smiled and never bothered to say Alexia wasn't Kate's birth daughter. He enjoyed the school committee meetings and found all nine parents really keen to help the school. There were no women on the committee so their meetings became a bit of a men's gossip club.

  "Talking about Kate's bun," Len began "Did you hear the one about the farmer with two gorgeous daughters. The only trouble was that they...."

  Noel grinned. This was going to be one of those risqué jokes he wouldn't bother to repeat to Kate when he got home.

  CHAPTER 22

  "So let us elaborate, Miss McEwen," Crown Prosecutor Edwin Orr said and gazed at Wendy with warm but still professional eyes. "You stated earlier in your evidence that you had no idea Adrian Funnel was a married man still living with his wife."

  "That is correct," Wendy whispered. She had been on the stand for an hour and looked tired and worried.

  "You were serious in your relationship and thought it might lead onto marriage?"

  "Yes."

  "And when did you find out that Mr. Funnel was not interested in more than a casual arrangement and, indeed, had a wife and family?"

  "When I found I was pregnant," Wendy said in a hushed voice and glanced up at the jury.

  "Mr. Funnel was the man who impregnated you?"

  "Yes."

  "How do you know?"

  Wendy knew the question was coming but still flushed. "He was the only man I had had intercourse with at that time..."

  And so the questioning continued with every sordid detail covered, right up to the story Funnel spun about having a newly born child and Wendy's consequent decision to have an abortion.

  "Did you consult the father before this decision was made?" Edwin Orr asked.

  "No. I had not seen him since he told me to get out of his car and take a taxi home."

  "And you had an abortion, Wendy?"

  "Yes."

  "And went through the proper channels?"

  "Yes. Two consultants interviewed me and approved the termination."

  "On what grounds?"

  "Serious danger to my mental health." Wendy whispered.

  Edwin Orr turned his attention to the judge. "If necessary, we can bring forth witnesses to confirm that ninety eight percent of the abortions performed in New Zealand since the Contraception, Sterilization and Abortion Act of 1977 are on these grounds, Your Honour," he said.

  The judge glanced across at the Defence Attorney, a huge man with a gigantic waistline. "Do you need verification of the reason for Miss McEwen's abortion, Mr. Shaller?" he asked.

  "No Your Honour. The defence accepts that Miss McEwen had a legal abortion and my client impregnated her. We do though, reserve the right to question the witness on reasons she decided this termination was necessary."

  "You shall have your time to cross-examine, Mr. Shaller," the judge said and turned back to Edwin Orr. "We shall accept that the grounds for Miss McEwen's abortion was the common one, Mr. Orr. You can continue your questioning."

  "Would it be to correct to describe your feelings towards the defendant at the time as bitter, Wendy?"

  "That is true," the young woman replied.

  "Did you arrange for him to be savagely beaten outside a gymnasium on..." he glanced at his notes and read out the exact date and time.

  "No," Wendy replied with that streak of certainty in her voice. "I knew nothing about it until afterwards."

  "I remind that you are under oath, Miss McEwen."

  "I did not arrange for Adrian Funnel to be attacked nor do I know who attacked him." Wendy replied again in exactly the way she had been instructed in her earlier briefing with the attorney.

  "And when did you find out about this attack?"

  "Kate Overworth showed me a newspaper item in the New Zealand Herald the following morning."

  "Do you know who assaulted Mr. Funnel in that incident.

  "I have no idea," Wendy replied in complete honesty.

  ACROSS IN THE PUBLIC benches, Noel squirmed and glanced at his heavily pregnant wife. They had never told Wendy. He was sure, though, she suspected he had something to do with the bashing. So far, there had been no need to disclose his involvement in the attack and Noel hoped it wouldn't come out. Howeve
r, he was prepared to admit to being responsible if it would help Wendy.

  "BUT THE DEFENDANT BELIEVED you did and set about this revenge arson attack with the sole purpose of seriously injuring yourself or, indeed, causing fatal injuries...."

  "I object, Your Honour!" Thomas Shaller interrupted as he leapt dramatically to his feet. "Miss McEwen's opinion of what went on in my client's head has no standing in this court."

  The judge nodded. "I agree. Mr. Orr, you should know better than to attempt this line of questioning."

  Edwin Orr nodded. "I withdraw the question, Your Honour," he said and turned back to the witness. "Did the defendant contact you at any time after your abortion, Wendy?"

  "As I stated earlier I never saw or heard from him after that day I told him I was pregnant."

  "And you never saw him outside Kent Drive School on the afternoon of the fire?"

  "No."

  "So how did you know he was there?"

  "I didn't," Wendy replied.

  "When did you find out?"

  When the police told me of the evidence that has since been presented in this court."

  "You mean witness sightings of Mr. Funnel in the vicinity, police reports of his fingerprints on the building and witnesses sighting him just before the fire in the Ford rental car parked in Dorset Street behind Kent Drive?"

  "Exactly," Wendy replied.

  Edwin nodded. "Thank you Wendy. That concludes my questions,"

  "And after the fire you still received no contact from my client. Miss McEwen," Thomas Shaller began,"

  "None," Wendy replied.

  "No telephone conversations or threats?"

  "No."

  Shaller raised his eyebrows.

  "No letters or cards?"

  "No."

  "Yet your escape from the fire was widely publicized in all media. Would that be an accurate statement?"

  "Yes," Wendy replied.

  "I see. I refer back to your earlier replies. You stated you were romantically involved with Adrian Funnel and had sex with him because you loved him?"

  Wendy flushed, "Yes."

  "And you were furious when he told you he wasn't interested in any long term affair."

  "I had just discovered I was pregnant," Wendy retorted.

  "Were you angry, Miss McEwen?"

  "Yes, I was angry," Wendy's voice grew loud. "He lied to me and led me on, for God's sake!"

  "Miss McEwen!" the judge looked up. "We do not allow profanities in this court room."

  Wendy flushed and gazed at the floor. "I'm sorry, Your Honour," she whispered and, without warning, burst into tears.

  "Clerk. Some paper tissues for Miss McEwen, please," the judge said and waited while the court clerk walked across and handed Wendy a box of tissues. She wiped her eyes and glanced up.

  The judge turned to the defence attorney. "Miss McEwen is a witness here, Mr. Shaller. She is not under trial. Perhaps you should remember that."

  "I was just trying to show it was the witness and not my client who was distraught over their relationship, Your Honour. Later, we shall be asking the defendant for his views on the affair. The whole Crown's case hinges on presenting my client as one prone to high emotions and revenge. Our argument is that it was Miss McEwen who was highly emotional and distraught over the whole incident. Indeed, we shall show our client was very supportive of the young lady when he heard of her predicament and offered to assist her financially if she refrained from hounding his family."

  "That's outright lies!" Wendy cried out.

  "Miss McEwen," the judge interrupted. "Your outburst will not be tolerated...."

  Wendy nodded but her face remained defiant as the defence attorney finished his questions, she was allowed to step down and the case was adjourned until the next day.

  "NOW DON'T YOU WORRY," Edwin Orr said to Wendy the following morning. She had been called back to the trial in case there was a need to recall her. "I have a few witnesses up my sleeve so at the end I doubt if the defence will even want to put Funnel on the stand. "Just relax. I doubt if we'll even need you again."

  With the usual preliminaries over, Edwin stood and continued the Crown case. Wendy watched and became more and more absorbed as five women were called up as witnesses. Everyone gave accounts of affairs with Funnel over the previous three years, two had had abortions while one bore a child and was a solo parent trying, unsuccessfully, to receive maintenance from the man.

  The sixth woman had an even more interesting story to tell. She was in her early twenties but was only eighteen when Funnel had impregnated her.

  "So Miss Knight," Edwin continued. "What did the defendant do when you told him of your condition?"

  "He became violent," the girl whispered.

  "Violent! Can you elaborate."

  "I told him I was going to tell his wife and he began swearing at me then he struck me and kicked me to the floor."

  "What happened next, Susan?" Edwin continued softly.

  "He sort of went crazy and continued to kick and punch me. I screamed at him to stop but he wouldn't..." The woman was almost in tears. "I think I passed out for I awoke to find myself alone. I managed to get to the phone and..."

  "There is no hurry," Edwin said. "If you would like to have a glass of water."

  "No," Susan Knight replied. "I was too ashamed to tell anyone at the time but I want to tell the court what happened. An ambulance crew arrived and took me to hospital where I had a miscarriage."

  Several jury members turned hostile eyes towards Adrian Funnel who had lost his earlier arrogant look and now stared at the floor.

  "Did you hear from Mr. Funnel again?" the attorney asked.

  "Once, two weeks later. He arrived, unexpected, at the netball court where I was playing a Saturday game and threatened to kill me if I breathed a word about what happened. I was terrified and said nothing."

  "Kill you!" Edwin's eyebrows rose.

  " 'I'll do you in if you breath one word, you little bitch,' were his exact words. I have them cemented in my mind," the young woman replied. "He is a desperate man, capable of anything."

  "Object. Personal opinion," interrupted the defence attorney.

  "Strike that last statement from the records," the judge ordered but everyone could see the jury had heard and taken note of Susan Knight's words.

  The trial lasted another day and the defence chose not to call Funnel to the stand but attempted to prove there was not enough evidence to show he was at Kent Drive School on the afternoon of the fire.

  It was, though, a lost cause. After only four hours deliberation the jury found Adrian Funnel guilty of both attempted murder and arson.

  "You are a thoroughly evil man, Adrian Graham Funnel," the judge pronounced. "Not only did you lie and cheat but showed no remorse for your actions and indeed attempted to cover your deeds with a cowardly attack that, except for the brave escape of two young women, would have led you to facing a charge of double murder, today. You are hereby sentenced to eight years imprisonment. That is all."

  Wendy stared at Noel, who accompanied her at the trial for the last day, and smiled slightly. "They say revenge is sweet but I still feel lousy," she said. "Why are people like him?"

  "Who knows?" Noel replied.

  Wendy sighed. "It still makes me feel all sick inside. That poor Susan Knight and the others."

  "I know," Noel replied and squeezed Wendy's arm. "Anyhow, I have a relieving teacher in your class so why don't you have the rest of the day off? I'd better head back to school."

  "You know, I think I will," Wendy replied. "A bit of shopping would be quite therapeutic, I think. I want some new jeans."

  She walked with Noel as far as his car and watched as he drove away. It was a warm autumn's day and the thought of a couple of hours wandering around made her put Funnel out of her mind..

  WENDY WAS JUST OUTSIDE the alleyway by the courthouse when she heard a toot and a car pulled to the kerb. She smiled when she recognized Max's car and jumped into t
he front seat.

  "Hi Max," she said in a cheerful voice. "What are you doing here? I thought you'd be at work."

  Max turned. "I had a day's sick leave," he replied. "I've been waiting for you. We need to talk."

  Wendy frowned. There was a strange tone in her boyfriend's voice. Over the last few weeks she had come to know Max well and found him to be an even-tempered guy with little mood fluctuations.

  "Okay, Max, what have you done?"

  "It's not me," the man replied and gazed across at her when the car stopped at a red light. Even his eyes looked somehow remote.

  Wendy began to feel uncomfortable. "Okay," she added quietly. "You want to talk but have said nothing. Perhaps we'd better go somewhere and you can tell me what is on your mind."

  "Okay," Max replied.

  They drove for ten minutes in silence until Max found a parking spot. He fed the meter and waited as Wendy met him on the footpath.

  "Lunch?" he asked in almost his usual cheery tone.

  "Sure," Wendy replied.

  They found a pleasant restaurant that wasn't too crowded and, a few moments later, sat at a corner table. Wendy picked at her salad while Max avoided her eyes.

  "Oh, for God's sake, Max," she said. "This is stupid. You're acting like some overgrown schoolboy who has been dropped from the football team. I've never seen you like this before."

  "I was at the court when you were giving evidence," Max said as he played with the food on his plate.

  "And..."

  His eyes suddenly looked up at her.

  "You said you had an abortion."

  Oh, so that was it! Though not religious since she broke away from her strict childhood, Wendy knew Max attended church regularly. It was something she hadn't really thought about.

  "I did, " she said. "That was before I met you. Surely you must realize I must have had other boyfriends?"

  "I'm not talking about men," Max hissed and his voice turned cold. "To kill a child inside you is murder, Wendy."