Doomed Dynasty Pt. 06

"Right I'll go down now and see for myself."

He quickly dressed and kissing his rather pretty lover cautioned her, "Now don't be late for work."

It was 7.45 when the Mayor arrived at the river mouth. It was half an hour from ebb tide, so he could see the extent of what he would term "vandalism" and on the other side of the shingle bank was the offending bulldozer, partly submerged.

To say the Mayor was angry would be an under-statement. He struck the bonnet of his car with his fist and then kicked the wheel savagely, hopping away and howling in pain.

The council's chief engineer drove up. His cheerful "Good morning, Ashley" instantly turned to custard.

"Don't good morning me!" ranted Ashley.

"Get a tow truck and get some of your men down here fast. I want that bulldozer retrieved and stored away under lock and key as evidence. I'm going to throw the book at the bastard who did this, and you and I know who that is."

The engineer, Tim Wellings, a British immigrant who'd only been with the Council for a few months, had no idea who the mayor was talking about. But he found out when the country edition of The Bugle rolled off the press at 1.30 pm and copies were distributed to council executives.

There was a big photo of the mayor on the front page, standing on the shingle bank as the bulldozer was being pulled past him. The widened gap in the bank could be seen in the background.

The banner headline across the page read: "Midnight Mystery Man Widens River Channel." Beneath that was a quote: "Mayor: I'll Get the Blighter Who Did This!

No allegations were made against any person, although the Mayor hinted, "The finger points at the deputation who met the Council earlier in the week."

Readers who reached the bottom of the article would have been intrigued by this final paragraph: "Asked by The Bugle reporter if he had any knowledge of the phantom bulldozer driver, Matt Curtis, well-known and respected farmer and local businessman replied that his lips were sealed. He declined to comment further."

Shortly after 8:00 that evening Matt was called to the door of his home. Standing there were Sergeant Chivers and a constable from the Miranda Valley & District Police Station.

Matt invited them in. They declined the offer of a whisky.

"We're here on official business Matt. This is Constable Childs."

"We know each other, used to play rugby together," said Matt, perfectly at ease.

Clearing his throat, Sergeant Chivers said, "Matt, it has been established that the bulldozer salvaged from the river mouth earlier today is owned by Curtis Pastoral Holdings Ltd and is usually domiciled on your farm. Your farm manager denies having any knowledge of where the machine was on Tuesday night and what purpose it was being used for. Unless we get further evidence, we are satisfied with his explanation but may have to charge him with being 'an accessory before the fact/."

Matt realised that he would have to confess. "No, don't do that. It was me and totally me who drove that bulldozer on Tuesday night at the river mouth."

"You confirm that it was you, and you acted alone?"

"At the river mouth, yes, correct on both counts."

"I'm sorry Matt, but I must ask you to accompany us to the station for further questioning and it is likely that charges will be laid."

"Oh, don't turn into a pedantic copper Charlie. You worked for dad when you came out of the Army and it was he who persuaded you to join the Police Force. You know Curtis's don't run away and don't promise anything unless they truly mean it. Let's delay this thing until tomorrow. I promise you that I will turn up at 10:00 or sooner if you require, and I will cooperate fully with you. Okay?"

Charlie Chivers nodded. "See you at 10:00 then. Better bring your mouth-piece."

They left, and Matt had already decided not to be accompanied by his lawyer although he would seek legal advice throughout. He intended to defend himself, and portray himself as a martyr versus the big powerful and stonewalling Council that was willing to put its whole town at risk. He smiled, but that smile vanished when his mother came storming in, followed by his white-faced wife.'

"Matt," said his mother in the voice she used to speak to children. "Never in my time in this house, and daresay never in my parent's time, have the Police been compelled to come here on official business. We suspected you knew something about this deed but it never occurred to us that you would be so reckless, so stupid to do such a thing. We're shocked."

"Oh mother, don't get yourself into such a paddy. Sit down and listen to my side of the story and then you may think that little Matt is not such a larrikin as it would seem."

Matt reached out to comfort her, but she stepped back and Courtney put her arms around Patricia.

"We'll listen, Matt. But it had better be good," Courtney said.

Matt sighed. Bloody women. Why when a man does something borderline do they have to speak to him as if he were a little boy. He couldn't imagine adult female children being demeaned in that way, yet there were some pretty bad girls around.

He commenced his explanation and talked about possible outcomes including the 'judge and jury' might make it quite clear it was not acceptable any longer for grown men charging around trying to do knightly deeds.

"No matter what you say, you're in real trouble Matt. Mayor Pick Nose Rowlands is the vindictive type."

"Pick Nose?" said Matt, surprised. "I didn't know you knew that awful nickname mother."

"You'd be surprised what we women know about the men in this community of ours," she said grimly.

It was Courtney chance to be helpful, "Father has at least two friends who are Queen's Counsel and he also knows people in high places in Government administration."

"Now, that could be very helpful, thanks for that dear."

Next morning Matt was quite chirpy. He ate breakfast and the time finally arrived to drive to town. Courtney wanted to accompany him, so he agreed, upsetting her momentarily when he joked, "You'll be able to drive the car home when they throw me in jail."

His mother came out in her dressing grown, and immediately resumed her mother-small child relationship.

"Matt Curtis. Go and get changed into decent clothes. You can't go to this business at the Police Station wearing a football jersey. It just isn't done in families like ours."

Minutes later he returned, wearing a grey suit made out of exported New Zealand Merino wool which had come back from Britain as very expensive cloth. His mother's tailor had imported the cloth to make the suit as one of her presents to him on his 21st birthday. She approved, but thought it now looked rather small on him.

Constable Childs' sister Erin worked as a sub-editor on The Bugle and so it was no coincidence that Ali Packard and a photographer had been alerted and were loitering outside the Police Station when Matt arrived.

"Should we drive around to the back?" suggested Courtney.

"No park here," Matt said.

When the reporter and photographer swooped on to him, he allowed his photograph to be taken. Then when Ali asked him if he had anything he wished to say, he replied: "I expect I will have my day in court. If anyone on the Council thinks the Curtis's roll over when threatened, they'll have quite a surprise coming."

Patricia was pleased to see Matt in the car when they returned. She was sure that he wouldn't be held in custody but after they had gone, being left alone in the house, she wasn't so sure any longer. She hugged Matt with surprising vigour. He was surprised that she had hugged him. Apparently the bad little boy was partly forgiven.

Two hours later a happier Courtney trotted out to Matt who was working on the motor of the Thames Trader. With no bulldozer available, the truck was not required at the farm.

"Great news, darling. I've been talking to daddy and he put me on to his snooker partner at the club, Henry Honeybone, QC. He seems such a nice man and has agreed to become involved, although accepting your intention to defend yourself. The deal is this: He'll come over on Friday afternoon and stay. His hobby is hiking. So he wants you to take him into the headwaters of the Miranda River on Saturday and as you tramp you can discuss your case with him. Then he wants to dine out that evening at a very good restaurant we have here. He's heard about the Riverside café from several people in Wellington. Isn't that great for Vikki?

"Oh, I don't think she'll be impressed by a Queen's Counsel."

"No, silly. That people in Wellington know about Vikki's restaurant. She is becoming famous."

"Yes, she will be pleased. You'd better tell her."

"I'll leave that to you, Matt," Courtney said stiffly.

Then she remembered something else that HH had delivered as a piece of bad news.

"I'm sorry Matt, but the QC says although you have been summonsed to Court on Monday on one charge, that could simply be an initial charge. Another charge or perhaps several may be laid when you appear in Court."

"Fine I was prepared for that. Our family has a tradition for the law; we're bush lawyers from way back."

Now with a QC in the wings, Courtney had confidence to smile at her husband's playful sense of humour. Her father didn't exhibit humour like that. In fact many men seemed to be rather dour. Matt was fun to be with and was a good provider. She hugged him, getting some grease on her chin.

"Like to come to bed?"

Matt jumped as if he's been shot, knocking his head on the open bonnet of the truck.

It was only mid-afternoon and for the first time he'd known her Courtney was propositioning him and never had they indulged in sex outside the hours of darkness.

He'd received a call to arms than not even a cad would refuse and nor could he! In the rushing to follow Courtney he struggled to take off his overalls, catching a foot as he tried to pull the leg free, tripping and tumbling to the ground. His wife turned, and assessing what had happened, laughed merrily. Matt had not heard his laugh like that for a very long time. He also was aware of other reasons why Courtney was so happy. She had been attending meetings of a breakaway group from the Women's division of Federated Farmers, or the WDFF as it was called. The focus of the new Culture for County Women Organisation (CFCWO, was on stimulating the rural women in cultural things rather than in farm politics, jam making and humanitarian services.

Patricia was disappointed that Courtney was turning her back on the WDFF but she was rather taken by the ideals of the spin-off group. She was pleased that Courtney had been elected to the inaugural committee.

At this point Courtney's artwork was turning into a small business. Wealthier women were asking her to paint a scene from their gardens and she was having trouble keeping up with the inflow of commissions. Money was also flowing in for her.

* * *

At the initial Court appearance Matt pleaded not guilty to each of the five charges laid against him. The book in fact had been thrown at him as they related to vandalism, breaching rivers control and foreshore protection legislation, endangering the public, illegally parking on a beach and using a vehicle improperly in a public place.

He was advised by the Court to seek legal representation.

When Matt's day in Court finally arrived eight weeks later, he drove through the main street and commented to Courtney: "Town's busy today."

"Yes indeed," she said, noting that townspeople were looking at them as they drove past.

Although feeling humiliated, Courtney reached out and clutched Matt around the upper arm. Had not Patricia pointed out, when talking about 'the old days' that Curtis women had always stood by their men through thick and thin. She assumed 'thick and thin' really meant misdemeanours or really big trouble, and right now her husband was into it up to his neck.

"Good luck, darling," she whispered, as Matt was directed to the holding room where defendants were required to assemble.

Matt's case was third on the list.

After the preliminaries were completed, with Matt confirming to the Bench that he was aware that he was entitled to legal representation but would appear for himself, the prosecutor made a surprising announcement.

He asked for permission to withdraw the serious charges relating to breaches of rivers control and foreshore protection legislation. He said he was acting on instructions from someone higher up, and the judge ordered accordingly.

Matt's private reaction was that his father-in-law had demonstrated influence on 'people in high places'.

That withdrawal was a relief, as HH had said that Act posed a real threat to anyone attempting to defend breaches because that legislation had 'real teeth.'

The lawyer representing the Council, the father of one of Matt's ski club friends, called a number of witnesses who included a taxi driver who had recognised the truck passing through the town on the night in question, although he had been unable to identify the driver as he had been parked some distance away. He was certain only one person was in the vehicle.

The final witness was the Mayor. His account of the deputation meeting with the Council was accurate, totally unembellished in fact. He became more emotional and irrational when describing to the Court what he had seen when he arrived at the river mouth.

When counsel asked, "What were your thoughts when you saw the extent of damage to the shingle bank?" Matt jumped to his feet, calling "Objection!"

The prosecuting lawyer looked amused, challenged by a layperson on one of the most innocuous questions he'd asked.

Asked for the grounds of his objection, Matt replied, "Counsel's reference to 'extent of damage' is improper or is the word inadmissible Your Honour? The expert opinion already given was based on 'significant changes'. There was no mention, none at all, to damage being done."

Solicitor Reginald King looked at Matt in astonishment.

The decision came with no hesitation, "Re-phrase you question, Mr King."

At that point the Court, Reginald King, Matt and even Mayor Rowlands accepted that one of the remaining charges that of vandalism had been effectively nullified.

Two down, three to go, breathed Matt.

Matt asked only two questions when the opportunity came to cross-examine the Mayor.

"Mr Mayor, what is your definition of vandalism?"

"Wilful damage to property."

"Mr Mayor, when you and your Council were discussing the deputation's submission, had you alone or you and the Council received any report on the state of the shingle bank?"

"No."

"Thank you, no further questions."

Reginald King called Matt to the stand. Matt repeated the oath confidently, and stood strongly looking directly at counsel,

The expected barrage of questions came.

Matt admitted to having taken the bulldozer to the river mouth. He denied parking illegally. He admitted bulldozing the channel wider and cutting down the height of the shingle bank.

The public in the Court laughed at Matt's reply to the question, "Why did you abandon your bulldozer at the river mouth?"

"The water was deep and I was too tired to carry the bulldozer back to the beach."

The hint of a smile appeared at the corners of the mouth of the District Court Judge.

The experienced and foxy Mr King took the opportunity of that diversion to slip in a question aimed at getting Matt to recant. "Did you think your unlawful act of damaging the shingle bank would go unnoticed and, secondly why did you carry out that act under the cover of darkness?"

Matt: "Your second question first, I'm usually free most nights."

There was laughter and the Judge looked sternly at Matt and coughed into his hand.

Matt took the cue, "I also believed that the Council would not like seeing anyone doing such deferred work on its behalf while its own staff were concentrating on essential tasks such as sweeping streets and emptying rubbish tins."

Mr King: Your Honour?

His Honour: Mr Curtis, does one detect a facetious component in that reply?

Matt: It was not intended as such, your Honour. I see it as the truth.

His Honour: Very well. Please proceed Mr Curtis.

"In reply to the first part of counsel's question, I regarded what I did as a laudable action of a responsible citizen with the resources to carry out such work; in no way did I regard it as an unacceptable act to this community, though it may well have been presented as that by an embarrassed Mayor and Council. I said it before and I'll repeat it for your benefit Mr King. I was not involved in damaging the shingle bank and channel. To ensure that you fully comprehend what I am saying, I was involved in enhancing them."

There was a buzz through the courtroom and some applause.

"Order, order in the Court," cried a Court official.

Matt called himself as a defence witness.

He explained the concern he had felt at the increasing level of floods in the past two years and was aware that the channel at the river mouth had narrowed and the shingle bank increased in height over recent years, thereby slowing the exit of downstream river flow. He said the Council's twice yearly survey would establish that as fact. It was significant that the Council's counsel had not presented such crucial evidence for the benefit of the Court.

"I did what any red-blooded New Zealand with a pride in his community and concern for the physical safety of its waterfront inhabitants and waterfront property would do when faced by a monolithic, uncaring and stonewalling body we call the Council. We have a tradition in the country for DIY, do it yourself. When our submissions to urgently activate the Council failed, I resorted to DIY and perhaps was entitled to think that a grateful Council would acknowledge my enterprising citizenship. But no, Goliath chose to go after David to crush him."

Finished, Matt stood there waiting for Mr King to commence his cross-examination. But Mr King lay back in his chair studying the ceiling.

His Honour said, "Stand down, witness."

Matt then called for his only other witness.

"Would Timothy James Wellings please take the stand.

"Timothy James Wellings," called a Court official.

As the Council's chief engineer stepped forward the Mayor seated behind Mr King tapped him on the shoulder and whispered something to him. The Mayor was red-faced and counsel looked very annoyed.

At Matt's request, the engineer was declared a hostile witness.

"Why are you appearing here this morning?" Matt asked.

"Because you subpoenaed me at 9.45 today."

"And why was that?"

"Because you wanted me to describe in detail that on May 15 of this year I had personally produced a discussion document, a copy of which I have in front of me, in which I recommended that remedial work be done at the river mouth as soon as possible as the build up of shingle being swept down the river was impeding the outflow, posing a possible danger to the town in the event of a major flash flood which we experience from time to time."

The document was lodged with the Court as evidence.

Matt: Thank you Mr Wellings. The witness is yours, Mr King.

Mr King questioned the witness at length about his engineering qualifications and experience, but that yielded nothing to his benefit.

He asked: Why did you give this confidential Council information about your report to the defendant?"

"Earlier this morning Mr Curtis came to my office and asked had I ever reported to the Council on the need for remedial work on the shingle bank. I replied yes, because it was the truth. I was aware that we were entitled to discuss in general terms with any ratepayer any matter which has not been classified as confidential."

"Did you hand over the report to him?"