My Learned Friend - Cover

My Learned Friend

Copyright© 2012 by Texrep

Chapter 5

The next twenty years were good. Apart from occasional relapses, Chrissie managed to keep her depression at bay. We did our share of entertaining and accepted invitations frequently. One of the side effects of depression was being unsocial at times. However she did it I do not know but she seemed able to socialize, converse and have fun at these times before slumping into despond the moment we got home. The next day she would be fine. I understood that she did this for me and my heart if not already full of love for her overflowed. I stood by my promise to her that we would have some good holidays. We stood speechless looking over the Grand Canyon; we took the ferry from Darling Harbour and passed under the Sydney Harbour Bridge en route to the Circular Quay. We also took an evening dining cruise when the bridge was lit up spectacularly. I was tempted to take the climb up to the top but decided against as Chrissie was getting jittery seeing danger where really none existed. We had two weeks in the Seychelles and our dream came true as we made love one balmy evening on the beach with warm waves lapping at our bodies. We were both in our forties and had lost the taut bodies of our youth, yet for that beautiful moment, we were God and Goddess. I doubted when we married that my feelings for Chrissie were of love. I liked her and enjoyed her company. Now I feel ashamed that I could not say those words at the time. Without doubt, I loved her and my love for her grows with every minute, hour, day, week or month that passes.

My career had never been a rocket, but I had made sure progress. Without realizing it, I had become one of the stalwarts of the Chambers. I had my own room now and at severe cost, the walls were lined with a library of law books on almost every facet of the Law. With Melvin's urging, I had applied for Silk and my application was successful, so my name on the board outside our chambers was now just two below that of Mr. M. Askwith Q.C. as Head of Chambers. I spent more time in my office reading the more complicated briefs that came my way than I did in court; however, my appearance in court was at a much higher rate than hitherto. The senior clerk made sure of that. Harry had retired before his liver gave up on him completely and Daniel Millington had taken his place. Dan had been a clerk in another chambers, but unlikely to become senior clerk as the incumbent was not much older than he was. Knowing this Melvin was able to poach Dan without too much aggravation.

My brother Ramsay had taken to the habit of visiting Chrissie and I unannounced. Although there was only two years between us, he and I could not be described as filial companions. His ideas and morals were not mine. However he was my brother and initially I made no objection when he called, which tended to be just before we sat down to eat. The result was that Chrissie would rush to stretch a meal for two into one for three. On some occasions when offered a drink he would help himself to a refill or three without asking, so much so that it was wrong for him to drive and Chrissie would make up a spare bed for him. Chrissie did not say anything but I knew he made her feel uncomfortable, his conversation was littered with innuendo and he took every opportunity to brush against her. This angered me and I was going to ask him to phone before turning up when his visits stopped. I found out from my mother that Ram had found a girlfriend and had moved into her home. Ramsay had been this way all his life. He worked at a variety of jobs usually as unskilled labour never staying for any length of time. His attitude to women was the same. He had many lady-friends but none lasted more than a few months, so I was prepared for his visiting again once he had left his woman friend, or had been kicked out which I thought would be a likely result. I determined that I would talk to him when he came next time. How I wished that I hadn't postponed that conversation.

I was defending in a case of arson. Funnily enough the defendant was the Mr. Hathaway who had been one of my first briefs. At that time I was unsure and wracked with nerves. Now I could approach the court without those tremors of terror. I read the brief and was astounded. The case should have never come to court. I saw what I thought a gaping hole in the prosecution's case. We used a retired detective from time to time for gathering facts and I elicited his help to explore this gaping hole. In essence the case revolved around an arson attack. Brian Hathaway had been arrested and charged. The police alleged that he had left his local pub and detoured from his way home to throw what could best be described as a Molotov cocktail at the victim's home. Stan Gleeman our retired detective did what the police didn't do. He asked among Brian Hathaway's neighbours and found one who could state unequivocally that Mr. Hathaway was putting out his rubbish bin at ten fifty. I also had firm evidence that he hadn't left the pub until ten thirty-five. Now the victim's house was two miles from the pub and was just over a mile to Brian's home to go there from the pub, throw the incendiary and then get home for ten fifty meant that Brian Hathaway would have been running as fast as Roger Bannister would have done when he ran the first four-minute mile. Mr. Hathaway was not old but didn't appear to be that fit so I doubt that he could do that. Yet the half mile from the pub to his own home was easily done in the time frame.

I had a good day in court. Confirming in cross-examination of the Detective Sergeant of the time Mr. Hathaway left the pub so there could be no doubt about that and confirming the distance from the pub to the victim's house and the distance from the there to Mr. Hathaway's home. The Detective Sergeant could not confirm that distance. When I presented the defence case I called the neighbour who confirmed without doubt the time he saw Brian Hathaway. "I was watching the football highlights and that finished at ten-fifty." He told the court. "That's when I took my rubbish out as the collection usually happens about six-thirty in the following morning. I saw Mr. Hathaway doing the same thing and we said 'good evening' to each other." I then brought evidence of the distances from the pub to the victim's house and from there back to Mr. Hathaway's house. The prosecuting barrister was furious, as the police hadn't covered this. He tried to suggest that Mr. Hathaway had help, that someone had given him a lift. I countered by saying that if that were the case why the police hadn't laid the charge of conspiracy as well. This would have been automatic if there was an alleged helper. It was too late. The judge gave the prosecution a rather weary look. He knew that the case should have never been brought before the court. The charge was given to the jury who took no more than twenty minutes to come back with a verdict of 'not guilty'. It was a good day for me.

It was a Thursday evening the following week when after a tiring day I drove home. As I reached my house and turned into the drive I nearly hit Ram as he was running out of the drive. I stopped and called to him. "Ram!"

He stopped, turned and shouted. "She wanted it." Then ran off.

Alarmed I locked the car and ran in shouting "Chrissie!" I heard a weak voice.

"Clem?" I followed the sound and found Chrissie on the floor of the breakfast room. She was in a very dishevelled state with tears running down her face and her clothes torn. She seemed to be pushing what remained of her skirt between her legs. The skirt was bloodstained. My first impulse was to go and comfort her, but I knew the signs of rape from seeing so many photos of that heinous crime in court. I picked up the phone and called 999. The operators are trained to ask a set of questions. I spoke over her, gave my address, and then said ambulance and police in that order. I then put the phone down before the operator started asking questions. I sank down next to Chrissie and held her tightly. She tried to speak her lips were bruised and her words were indistinct.

"It's ok, Chrissie. The ambulance is on its way. We'll get you sorted."

I understood her next words. "Cold flannel p.p.please." Much as I wanted to help her feel better I was too much the barrister and knew how much evidence could be destroyed, particularly DNA evidence. At this time in the early nineteen nineties the police forensic laboratories were getting to grip with this new technology and courts were now accepting DNA evidence in criminal cases. Emotion won and I wetted a flannel and used it to wipe her face. As much as Chrissie was distressed, I was as well. The lady who I loved so much had been attacked and to my shame and anger it was my own brother who appeared to be the perpetrator. My anger was mounting and if I could have left Chrissie I would be out in my car hunting down Ram. There would be no question of taking him to the police. Hospital or a mortuary would be more appropriate. If I had found him I would have driven at him and run him down.

Chrissie seemed to calm down a little as I held her. "I'm sorry, Clem." I heard the words with astonishment. Other barristers had told me that raped women feel guilty for what has happened to them. Now my wife is apologising for the same thing.

"Chrissie you have nothing to feel guilty about. You know what has happened and I know as well. It is Ram who should be begging your forgiveness. I suspect he will have quite a few years in prison to reflect on his behaviour."

"Hello!" The call came from the door, which I must have left open. "Ambulance!" called the same voice.

"In here." I called back. The two medics as soon as they understood the situation became extremely solicitous and very careful knowing the police were on the way. Indeed the police arrived within ten minutes of the ambulance. I had to stand back now as the priorities of the police and the ambulance clashed. I intervened. "My wife needs to go to hospital and quickly, I believe she is bleeding." I turned to the police sergeant."You can get swabs for evidence when she is in hospital and statements tomorrow. Right now I need to make sure my wife is comfortable and not distressed."

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