A Time Well Spent

"Not the Prosecutor in your trial?"

"The very same."

"When was the photo taken?"

"The night after I was found guilty and locked up."

"I guess they felt safe, there was no chance of you walking in on them, now was there?"

"Trust you to make a joke of this." I laughed to let her know that I wasn't offended.

"So what culinary masterpiece are you going to dish up for me tonight?"

"A lamb tagine complete with couscous, how does that sound?"

"Positively exotic. Shall I open the wine while you serve up?"

"Please."

"I have a surprise for you." Natalie said as we finished our meal.

"What is it? Don't keep me in suspense."

"I have . . . ." If there was a drummer here she would have waited for the drum roll. "At great personal expense, and using all of my charms and then some, acquired a copy of the original, writ in his own hand, Pathologist's report."

"How, where?" I was stammering in my excitement.

"Each government department must hold records for seven years before they are archived. Now the Forensic Pathology department of the University has to keep their records for at least that long just in case they are required as evidence in a court case. We have us a case that will require just such evidence, so I told them that I was working on a doctoral thesis and requested access to their records. I found the originals and they even photocopied them for me."

"I think that you're wonderful, I could kiss you."

"So what's stopping you?" We kissed for a while and then it was back to the matter at hand. Natalie was leaning against me as I read through the report that she had brought. I could feel her breast pressing against my naked body, her bare breast. Okay, so we did more than kiss, all right.

"Now why would the police withhold this evidence?" I pondered out loud.

"Because, for some reason known only to them, they wanted to make sure that you were convicted."

"But why? I have never been in trouble with the police, apart from a couple of speeding tickets years ago."

"Unsolved problem. Now can we get back to more important matters?" Her hand was in a position that told me what she considered more important at this very moment.

It was getting harder to say good-bye to her in the mornings. "I promise that from Friday night to Monday morning we will not say good-bye to each other."

"Why, are you going away for the weekend?" I was teasing her and she knew it.

"If that's what you want, I'm sure that it can be arranged. On the other hand, you could come to my apartment on Friday night and not leave until Monday morning. What's it to be?"

"If you hear Christmassy noises outside your apartment on Friday night, it'll be me arriving with bells on."

"See you this evening, my Darling, silly, wonderful man." Punctuation kisses and she was gone.

At precisely 10:00am I was ushered into the office of Robert Browning QC, Barrister. I was greeted by a familiar smiling face and a hand to shake. "How are you Tom? You seem to have survived your incarceration relatively unscathed."

"I managed to keep my nose clean and not become some guys 'wife'."

"They tell me that you put your time to good use and acquired a degree in Criminology of all things. Did this have anything to do with you wanting to get revenge from whoever it was that set you up?"

"It had everything to do with it. I was going to find out who it was and beat the crap out of him, but I made a promise to a special person that physical violence wouldn't enter into my revenge. So that's why I contacted you, I want to do this legally."

"Good. Now show me what you have."

I opened up my file case and remove the indexed files. "The most important bit of evidence I have is this." I spread the forensic report that had been entered as evidence in the trial, and then the Pathologist's hand written report. "A very important part of this original report has disappeared from the trial report, the mention of the quantity of blood, both at the scene and post mortem combined, was significantly less than the quantity of blood in the adult male body. This led the Pathologist to reach the conclusion that the victim had been killed elsewhere, transported to the scene and the body shoved in the path of my car. I've read through the Prosecutions questions and at one point the Pathologist had attempted to expand on an answer to include this evidence, but was told by Rawlinson to only answer the question. Why my Solicitor didn't pick up on this point and press the issue I can only guess."

"Very good so far, anything else?"

"I thought that this might interest you." I took out the news photo of Jennifer and Stephen Rawlinson and passed it across to him. "This was taken on the same day that I was convicted. I think that a celebration was happening. I believe that the two of them are living together. It doesn't take much to reach the conclusion that the two of them were in some way responsible for my conviction."

"I would have to agree with you. What made you start to look down this path?"

"When I read the transcript I couldn't help wondering why Rawlinson kept on repeating the phrase; 'Motive, means and opportunity equals guilt. Mr Cowley had the motivation, the legal proceedings, the means, his car, and the opportunity, he knew that the victim would be at the scene at that time, and that equals guilt in this case.' This got me looking at the actual evidence that was produced, they had fuck all."

"When we spoke yesterday I said that I would look at what you had and then make a decision whether I would take the case. I will take your case. Tell me, what was your wife's maiden name?"

"Mitchell."

"And her father wouldn't by any chance be Morris Mitchell QC?"

"The very same."

"I am going to enjoy this. That man is so far up himself that when he smiles there's shit on his teeth."

"I gather that you don't like the man?"

"Who does, apart from himself and that little toady Rawlinson?"

"Do you mind if I make a quick phone call? I promised someone that I would let her know the outcome of this meeting."

"This someone wouldn't happen to be a young woman would it?"

"Yes, a very special young woman." I'd already hit speed dial 1. "Hi Darling, guess what? We have us a Barrister." Browning could hear the squeal of delight from Natalie, along with the promise of a celebration this evening.

"How many years have you known this person?"

"I met her when I was walking down the road from the prison to the bus stop."

"That long? You haven't let any grass grow under your feet have you? Don't get me wrong, I'm not questioning the speed at which this has happened, I think that it's great that you were able to quickly move your focus from revenge to your future happiness, and still keep on track for redemption. Our first step is to put in an application for a mis-trial and a pardon based on new evidence and a review of the original trial proceedings. That should stir the pot a little."

"What do you want me to do?"

What I would like you to do is to put all of this into some sort of cohesive order. This will not only help me, but if your work is good enough, I might just be able to give you a job. I would like to have a Criminologist who can sift through police evidence and précis it. This will save me so much time."

"I can't thank you enough for firstly, taking the time to see me, and taking my case. This offer is the icing on the cake. I won't let you down."

"I know, of all the salesmen at that dealership, you were the one that gave me a straight deal and no bullshit. I don't buy my cars there anymore."

It was some celebration that night. Not only did I have a Barrister onside, but if my research and report were good enough, I could have a great job as a result. After the celebration dinner at a top restaurant, we adjourned to Natalie's bed and gave the mattress a pounding for a couple of hours before the adrenaline wore off and sleep took over.

Friday to Monday was something else again. I had taken my report to Browning on Friday afternoon and left his office with an offer of employment at a salary that I could never get flogging cars. The new celebrations went on over the entire weekend, broken only by mandatory pit stops and sleep.

A month later I found myself back in court.

"Mr Browning, I have before me an application to have the verdict in the trial Of Thomas Cowley, convicted of causing death by dangerous driving, overturned and a mistrial declared. And you have made an application that this court instruct the Governor of this state to grant a pardon to Mr Cowley, and that this court make a recommendation to the government in regards to compensation to Mr Cowley for wrongful imprisonment, loss of revenue and the damage that all of this has caused his reputation. I hope that you have something of significance to support these applications. I do not like having my time taken up with frivolous matters."

"Your honour, we have a great deal of evidentiary material to present in support of our case, and several witnesses to call to give evidence on the conduct of the original trial. There is evidence of a deliberate withholding of evidence that would have cleared my client, by the Crown. This is all provable and conclusive."

"Mr Williamson, you represent the Crown in this matter, what say you, is there a case to answer?"

"Your Honour, I have spoken to the Crown Prosecutor in this case and the Investigating Officer, and they have assured me that the case was presented without bias or ambiguity and that Mr Cowley received a fair trial."

"Mr Browning I will hear your opening remarks before deciding whether to proceed."

"Thank you Your Honour. My client came to me recently, following his release from prison, with evidence that, he said, proved that he had been wrongfully convicted of the charge for which he was incarcerated. I looked closely at this evidence as well as evidence gained since his release, and came to the conclusion that he has a case for a mis-trial. Part of his research was into the conduct of the case and the presentation of the evidence by the Crown. Since his release he has been able to obtain evidence that the Crown had withheld vital evidence. I will be calling witnesses who will verify the findings of Mr Cowley's research. Evidence of collusion by various persons involved in the Crown case, collusion to pervert the course of justice and deny my client his freedom for five years."

"Very well, you may proceed."

"For my first witness I call Dr Henry Thomas." Dr Thomas was sworn in and took the stand. "Doctor Thomas, you were the Forensic Pathologist that examined the body of the deceased, is this correct?"

"Yes." Thomas was clearly uncomfortable.

"When you were giving your evidence, did you at any time make mention of the amount of blood drained from the deceased's body post mortem?"

"No."

"And why would that be?"

"Because I wasn't asked that question."

"But don't you think that you should have at the very least, volunteered that important piece of evidence?"

"Yes, I tried to, but was told to only answer the questions asked." He was even less comfortable.

"And why would that be? Was it because you were under instruction not to mention it? Was it because you were instructed to give evidence only on the report tendered in evidence and to offer no other opinion?"

"Yes, I mean no."

"Doctor Thomas, I have here your written report that you submitted to the investigating officer to be typed up. In this report it states that the amount of blood drained from the body was inconsistent with the scenario put forward by the investigating officer, and that, given the small amount of blood evident at the scene of the incident, it was most likely that the victim was killed elsewhere, and that his still warm body was pushed into the path of my client's car. Do you still agree with that summary?"

"Yes."

"That will be all, thank you."

"Mister Rawlinson, you were the Crown Prosecutor at the trial of my client."

"Yes."

"Did you or did you not claim that motive, means and opportunity equalled guilt?"

"I do not recall having made that statement."

"I draw your attention to the transcript of that trial. This shows that you not only mentioned it during the evidence given by the investigating officer, but emphasised it not once, but five times in your closing argument. In addition," Browning paused for affect. "Did you or did you not ask my client the closed question, and I quote from the trial transcript; 'Mister Cowley, not only did you have the motive to kill the deceased, but you had the means to carry out that murder, and the opportunity, did you not?' My client had no option but to answer in the affirmative, but when he attempted to expand on his answer, to explain to the court that he did not murder the victim, you cut him short. You gave him no opportunity to explain that he had already acknowledged that he was involved in litigation against the victim, and that he was driving the vehicle that collided with the victim, and that he was aware that it was the victim's habit to be at that place at that time and to cross the road, because he was told that he would be there. These events were circumstantial at best, but my client was denied the opportunity to explain that point. Would that not be a fair assumption?"

"I was presenting. . . ."

"Just answer the question Mister Rawlinson, yes or no?"

"If you'd let me explain."

"Why should I do that? You didn't allow my client that opportunity, did you? Now would you please answer the question?" Rawlinson remained silent.

"I'll answer it for you. You had realise that the evidence against my client was so flimsy that you had to resort to courtroom skulduggery to convince the jury that you had a case, when you had nothing of the sort. And why would that be Mister Rawlinson? Were you instructed to do this by a senior officer of the police force?"

"Before I answer that question, I ask for leave to seek legal opinion from a senior lawyer in the Attorney General's office."

"If I may your Honour, I have several more questions of this witness, if I could just ask these I see no need for him to answer the previous question."

"Very well, you may proceed."

"Now Mister Rawlinson, what is your relationship with the former Mrs Cowley?"

"There is no relationship, I know her, I know her family."

"So it is not true that you and she are cohabitating, and have been for the past four years?"

"No, that is not true. I do, from time to time visit her on business matters, and I have, on occasions, accepted her offer to have me stay over-night, but there is no relationship."

"I will give you the opportunity to re-think your answer before I call witnesses who will verify that you not only reside in the former Cowley matrimonial home, but you have joint bank accounts with Jennifer Mitchell, the former Jennifer Cowley, own joint property with her, property that she acquired as a result of her divorce settlement while my client was incarcerated. Now, would you like to change your answer?"

"Very well. Yes I am in a relationship with her."

"And just when did that relationship begin, before or after my client was convicted of causing death by dangerous driving and sentenced to serve five years in gaol?"

"Before."

"And did you know the deceased in that case, Mr Lionel Timms? I would think carefully before answering that question."

"Yes I knew him."

"In what context did you know him?"

"He was blackmailing Mrs Cowley. He had evidence of our relationship and threatened to expose us to Mr Cowley. Mr Cowley was told that he had been making unspecified threats against both of them, and encouraged to take out a restraining order to prevent him from approaching within five kilometres of both himself and his wife. That was the legal proceedings mentioned in the trial."

"Whose idea was it to murder Mr Timms and set it up so that Mr Cowley should get the blame? Was it your idea? Was it hers? Or was it the idea of her father Mr Morris Mitchell QC, my client's Father-in-Law?"

"It was his. He said that he could fix it so that the evidence was slanted in such a way as to convict Mr Cowley. It was him that had the forensic report changed, it was him that set out the strategy that I was to follow in that trial. He never liked Mr Cowley, he said it was because Mr Cowley was not the right kind of person to be married to his daughter. He was a car salesman, and thus beneath contempt. Those were his words not mine."

"Who did the actual killing, was it you?"

"No, he found someone to do it for him, a policeman who owed him a favour."

"Would that policeman have been Detective Sergeant Browne, the investigating officer in that case, who just happened to have been in the vicinity of the incident and was the first respondent to the scene. He investigated the matter, even though it would normally have been a Traffic Branch matter in the first instant."

"I don't know, I wasn't given a name."

"Very good. I thank you for your co-operation."

The next witness was Detective Sergeant Browne. "Sergeant, we have just heard the testimony of Mr Rawlinson, the prosecuting counsel in the trial of Thomas Cowley over the death of Lionel Timms, in which he has informed this court that Mr Timms was in fact deceased before being hit by Mr Cowley's car. In the course of our investigation into this trial we have established that you were the first respondent to the call regarding what was described over the police radio as an accident. Throughout the investigation and the trial you maintained that Mr Timms had been run down as he crossed the road, and that the fault was entirely with Mr Cowley, would that be correct?"

"Yes, that is what my preliminary investigation indicated."

"Even though the forensic examination concluded otherwise, that given the small amount of blood at the scene and the small amount removed from the body post mortem, that it was not possible for him to have been alive at that time that he was struck by Mr Cowley's car. You remained steadfast in your assessment of the situation, why was that Sergeant Browne?"

"It was a result of my examination at the scene."

"Are you qualified to make forensic examinations? Or were you working under instructions, instructions designed to divert attention away from the real cause of the victim's death? I would be very careful how I answer this question if I were you."

"I was following orders."

"Orders from whom?"

"A senior police officer."

"Do you have a name for this officer? Again I must warn you to think carefully before you answer. Our investigations have revealed who issued that order, and if you refuse to answer, you could be charged with perverting the course of justice. Now, for the record, who was that officer?"

"It was Deputy Commissioner Rowlands. He told me to position myself at a location close to the scene and make sure that I was the first respondent. I was then to ensure that the investigation followed a particular course."

"Thank you for confirming the results of our investigation."

The judge intervened. "I think it appropriate, in the light of these revelations, that this court should adjourn while I review them. It is now eleven o'clock, this court will resume at two pm."

"What do you think's going to happen?" I asked Browning.

"I think, and I hope that I'm wrong here, that his Honour will make a phone call to the Honourable Morris Mitchell QC and advise him to take his daughter, and jump on the first available flight out of the country. He will also advise them that they should not return for some time, at least until some loose ends are securely tied up."

"So what can we do to prevent this happening?"

"I will make my own phone call alerting the ICAC (Independent Commission Against Corruption) of the possibility of them fleeing from prosecution, as well as who would have tipped them off."