Chapter 31 - Judgement
They walked into court as a barrister was standing up to start speaking. Alan obviously knew him and they gave each other a subtle nod. Vic remembered the communication between himself and Alan about the timing of their arrival.
The court was jam packed; there were so many people that it was hard to separate familiar faces amongst the sea. However Vic’s eyes were not for the court at large, he was looking for Susan, searching towards the front of the field of faces, looking to the central place where she should be, awaiting the courts judgement. He kept moving his eyes from face to face until he found her. Despite his words of surety to Alan a bare minute before, he now felt uncertain at how his mission would be received.
Not that he would be turned aside; his purpose was both to meet a promise to Mark and to help Susan, whether help was wanted or not. But it mattered to him what she thought. Suddenly his eyes found her and in a split second their eyes were locked on each other.
He realised in the first instant that she had not recognised him, hardly surprising when he thought what he must look like. But as their eyes locked he felt her recognition like an electric shock. She called out his name, loudly and with joy across the silent court room, and then smiled towards him, an overwhelming and radiant smile. He could tell she wanted to come running towards him, to fling her arms around him, and he wanted that too, so much.
He felt his heart skip a beat; she was more beautiful in person than the image in his mind. He smiled back; basking in her warm smile then he waved his arm back toward her in acknowledgement, needing to do something to signal his affection direct to her. Her face lit up even more, she looked so delighted to see him, unable to believe it was true.
It was hard to think straight at a time like this. Must not let myself get distracted, have a job to do and must not let her influence me.
He realised Alan was speaking to him. “Would you just wait here for a second while I approach the judge and seek his permission to talk to him directly, one on one.”
Vic stayed where he was and watched as Alan walked forward and made his request. Initially the judge looked unsure and then he looked to the two barristers for reaction. Vic saw Alan walk over to the barrister for the prosecution and say something quietly to him, this person obviously already knew Alan, and after a few seconds of speaking he saw the barrister nod his head in agreement and, with his fellow barrister and Alan they followed the judge from the court.
Vic turned his attention back to Susan; she was sitting with her hand over her mouth looking stunned, her eyes boring into him, intense and pleading. He gave her another quick and intense smile, trying to convey comfort and certainty. Then he found himself unable to meet her gaze, knowing he must do something that she was fighting the whole world to prevent, telling the truth about Mark.
He saw Sandy, who he recognised from the meeting in Katherine, sitting next to Buck and his wife. Buck was trying to greet him with a delighted wave and he whispered to Sandy who was now waving too.
He walked over and they made a narrow space between them. They were both speaking at once, trying to ask the same questions, what happened to you, where have you been?
Both he and Alan had decided to tell no one en route of his return, they would let the news spread from here, they did not want a media pack waiting for them and interfering with what they had come to do.
Vic could feel a rising murmur of gossip spread behind him, people trying to work out who he was, mostly clueless both as to his identity and to why he had come. He saw a tight knit group of people extending to the side and behind Buck all looking at him intently, seeking an introduction or explanation. It was all too much, everyone clamouring for him and he suddenly felt faint and dizzy, needing to grasp at the side of the rail as he sat down. He realised it was a long time since he had eaten and his reserves were running low.
Buck looked at him with concern. Vic had still not found any words. Buck reached into his pocket and found a chocolate bar, saying, “I think you need this. You were always built like a greyhound, now you look like a greyhound starved for three months. Vic took it with thanks. He tore of the wrapper and took a big bite, letting sugary sweetness fill his mouth, and lift his brain into action.
“Thank you my friend,” he said to Buck, “You have no idea how much I needed that. Not quite the steak, chips and beer I have dreamed of over the last 75 days as I walked across that Godforsaken Empty Place from where I decided to park my chopper, but it still tastes so good. Now what were you saying. Oh yes, where have I come from? Well as best I can now remember it is a gorge about ten miles upstream from the mouth of the Fitzmaurice River.
“I was lucky to run into your bloke in Katherine,” he said, turning to Sandy, “and he offered me a lift to this establishment to join in the free entertainment, otherwise known as the hanging of our good friend Susan.
“But Alan and I, we think we have a thing or two to say which may upset all the well laid plans to bury her in a cell for a couple of decades.”
He suddenly realised that everyone else had stopped talking and whispering and his voice was resonating across this part of the court. Now Vic looked embarrassed, “Just a private conversation between me and my good friend Buck here. I will stop talking and keep eating now if it is OK.”
Buck’s wife, Julie, broke into delighted giggles. “Oh Vic, it is just so good to see you alive and well, if a bit thin, more like a scarecrow really. And still with the ability to make a joke about the worst of things.”
It was like a circuit breaker; Vic felt like he was home and slumped back in the seat, surrounded by his friends.
Around him the conversation rose from a murmur to an almost roar, everyone clamouring to spread their part of the story they were only just starting to understand.
Suddenly the judge’s gavel rapped on the bench. Everyone subsided into stunned silence. The judge’s assistant spoke in a loud voice, looking a bit surprised at the effect of his banging. “His honour has requested Mr Vickram Campbell join him in his chambers.”
Vic stood up and walked across, following the man from the court. A couple times he wobbled a bit, feeling light headed and not quite used to walking on his leg without a stick to support him.
He found himself seated in the centre of a group of four men, Alan he knew, the other three he realised were the judge and two barristers, all minus wigs. They all looked up at him expectantly and brief introductions were made.
The judge asked Vic to briefly tell him about his meeting with Susan and the object he had been given. He reached into his pocket, removed his wallet and found the small chip wrapped in plastic and gave it to the judge. He explained, “When I saw her in jail I asked Susan for Mark’s diary which he had promised when he was alive, to let me read it. I think it will explain the real reason for what happened between her and Mark which led to his murder.
“Susan told me a copy of Mark’s diary was on this memory card. I did not get to read it before I crashed and it has been in and out of the water many times since so I don’t know if it will work. But I believe that the truth about Mark and why she was frightened of him is here.
The judge passed this to Alan. “I assume you can get this transcribed and provided back to me with some analysis of what it means in the next few days, that is if it is not damaged. And even without it there is a clear inference from the texts as to why she was afraid.
“So, on this basis, I am prepared to make a ruling to suspend my sentencing until your investigation has been given a chance to gather sufficient information.
“I am also inclined to make a ruling that this lady, this remarkable lady I would say, should be released on bail forthwith.
“It is clear, whatever is found from here on, that she had a real fear of this man. I consider that there are good grounds for a retrial with this new evidence, even dismissal of the charge, though her past guilty plea makes it more problematic.
“Because of the wa
y this evidence involves other parties, where there is grave concern about their fate, I will also impose a ruling that all the evidence I have heard here is to be held in total confidence to the parties present here until the investigation has had the chance to occur. Do I have the agreement of all of you to what I propose?”
They all nodded.
“With your permission I should like to speak briefly to Susan’s friend Anne before I announce my ruling, just to confirm from her own mouth about the text in question. Then, after I announce my ruling, I will talk to Susan McDonald and ask for her cooperation if she is willing to give it. Not that it will change my ruling if she does not; she has been through more than enough.
So Anne was called in. The judge briefly confirmed in the presence of the others that she had received and sent the texts which were referred to. Anne nodded her head and then smiled her grateful thanks to Alan.
She said, “Your honour, I promised her I would keep her secret until such time as she was able to tell it. I still do not know what it means but I have been so conflicted, keeping this hidden, knowing how it would go for her if it was not revealed. Yet I was bound by my promise to her. Today I decided that, regardless of my promise, I must reveal it. But it would have been a betrayal to her so I am glad that this did not come from me.”
The judge nodded and gave her a fatherly look. “I would feel lucky to have a friend as good as you. We both know your duty to the court, but friends are friends and promises are promises.”
Anne walked out and Vic followed her back into the court room with the others trailing behind.
When all were seated the judge started his ruling. “Ladies and gentlemen, as you may gather very significant evidence has just been brought before the court. It raises serious questions about whether the original guilty plea made by Ms Susan McDonald should, in the interests of justice, be allowed to stand.
“I have therefore suspended my judgement as to passing sentence until this new material is investigated. As this material appears highly favourable to Ms McDonald’s ultimate exoneration from these charges I have also ruled that she should be released on bail of ten thousand dollars, to apply forthwith.
“In addition, while I do not require it, I seek her cooperation to assist us with the investigations we need to pursue to resolve this matter.
“Until this investigation is complete I am not prepared to disclose any further information as to the nature of the new evidence. In addition I make a suppression order, effective immediately on all parties who hold the information, to which I refer, that has just been laid before the court. None of it is to be disclosed without the specific approval of this court. Its premature release has potential to harm this inquiry.
“I permit the release of my ruling today, but all other evidence I have heard today about Mr Vincent Marco Bassingham is hereby suppressed until I rule otherwise.”
With that he rapped his gavel and stated the court was dismissed and then he walked out of court and returned to his chambers.
For a minute there was total stunned silence as people tried to grasp the meaning of what they had heard. Slowly the people started talking amongst themselves, though still nobody had moved.
A minute later the judge’s associate came back out and asked that Susan accompany Sergeant Alan Richards and Vikram Campbell to the judge’s chambers. Susan was accompanied by a prison guard. The judge waved to him and to Susan’s handcuffs.
“You can take them off now, I have ordered her release, and I am assured that bail will be posted before she leaves the court.”
The handcuffs were removed and then the judge indicated to the prison officer to leave, suggesting he may wait in the court building proper if he needed further instruction.
The judge looked at Susan in a kindly way. “I think you have had a pretty rough few months. You can stop fighting us all now.
“We know enough now to know that while you have told us the truth about what you did, it is far from a full and satisfactory explanation of what happened. We do not know the full answer to why, but we know some more things thanks to Sergeant Richards here.
“For instance the key evidence which was brought before me and led to this ruling was the transcript of the text sent by you to your friend Anne and her reply to you, which makes it clear that there were deep suspicions held by you about the role of the man you knew as Mark Bennet in the disappearance of two other backpackers.
“So I have ordered an investigation into these matters by the NT police, to which Sergeant Richards will give his urgent attention. As you have heard I have suppressed all information relating to this out of my respect for the potential victims and their families.
“In addition, Mr Vikram Campell has informed me he holds a copy of his friend Mark’s diary which was given to him by you. I have instructed that this be provided to the NT police to assist in their investigation and Mr Campbell has already done so, though we are unsure whether it has sustained water damage during the last three months.
“Now Ms McDonald, many people have tried to compel you to do things over the last few months. All we can say is your strength of will has been extraordinary. Now we have this new knowledge we at least begin to understand the reasons why.
“Instead I ask you earnestly to assist us with this investigation, as you hold most of the real understanding about these events. I could order you to do so but I see no point, you are clearly not one to be intimidated by any punishment I have at my disposal.
“So, instead, I simply ask you, for the sake of the many people who fought for your freedom and for the sake of these missing girls, whatever their story may be, to assist us all.
Susan could think of no words to say. She had fought so long and so hard and it had all been futile, now the truth was out anyway. Nothing she could do could put the genie back in the bottle now. Even her thoughts of suicide seemed empty now that Vic had been returned to her, she could not, she would not waste that gift of life restored by what she saw now was a selfish act. Mostly she just felt exhausted and stunned.
She just looked up and nodded. Then she covered her face in her hands and her shoulders started to shake. She sat there, at first crying quietly then sobbing as if her heart would break.
After a minute Vic walked over to her and put his thin arms around her shoulders, brought her to her feet and led her outside. He realised that the main job for which he had returned was not to find her justice, not even to protect her from herself, but to hold and comfort this woman and bring her beyond this place of desolation.
He grieved for Mark; she grieved for Mark and for so much more, the loss of joy and innocence, the destruction of a belief in human goodness. Together they would share and let go of their empty places and find new meaning beyond it.
As they reached the corridor outside she reached out and hugged herself so tightly to him.
“I am so glad you came back. I am so tired of being alone. When you were gone too I felt I had lost every friend in the world. Now you are back I don’t want to ever let you go. I just want you to stay with me and hold me like this forever.”
Vic pulled her head into his bony shoulder and stroked it and kissed away her tears. “We are together and we will each make the other strong again,” he said.
Suddenly Susan started laughing. “We are such an odd couple aren’t we? The fat pregnant prisoner with the huge belly who waddles when she walks and the crippled wild man fresh from the jungle, who looks like he hasn’t washed or eaten a proper meal in three months, and who is mostly skin, hair and bones.”
Vic laughed back, “Well you have me described to a T, but you were a bit kind to yourself, you forgot your tear stained face with mascara all down your cheeks and the fact that, now that I have hugged you, you are starting to look and smell like me, with smears of bush dirt added to your pretty dress.”
Susan screwed up her face in a mock grimace. “Vic hug me again, I want more of your smell and feel on me, it is mor
e real and better than anything else I can think of.”
So he pulled her too him again and they wrapped their arms around each other and held close for a long time. This time somehow it was more than a hug, it was a promise.
Susan thought of the syringe lying on the court room floor. She was glad it was there and she was here. She saw suddenly and clearly that a great madness had possessed her mind.
Girl in an Empty Cage Page 36
