Noah's Law (28 page)

‘Yeah, sure I did. But I reckon they exaggerated it.'

‘But you signed it.'

‘Well when a lawyer gives you something to sign you don't question it. This is all new to me. I wasn't going to challenge them.'

‘So is it your evidence that you never offered to walk out to the car park with the deceased?'

‘I really can't remember. It was last year.'

Wallace was sweating. He stopped and poured himself another glass of water. He seemed ready to ask another question and then thought better of it. ‘No more questions, Your Honour.'

And that was it. I wanted to scream. Without Webb the contributory negligence defence fell apart. Without Claudia we had no evidence of a girlfriend, no evidence of financial support, no evidence to make Bernie look bad. I couldn't believe it.

Bernie and Rodney had pulled it off.

 

Valopolous wore a red bow-tie for his closing address the next morning.

We were sitting around the bar table, waiting for the judge to arrive. Wallace was outside the doors of the courtroom talking to his legal team.

‘What are they doing out there?' Bernie asked. He was sitting two seats from me, nervously jiggling his foot up and down.

‘I'll bet Wallace is trying to convince them to settle,' Valopolous said. ‘He won't want this case in Monahan's lap.'

‘Why? Do you think we'd get more through a judgment?'

‘She's soft with plaintiffs as it is, and with the defendant having such a poor case, she's got free rein. We should be able to wrap this up nice and early, then it's off to a celebratory lunch.' Valopolous winked at Bernie. ‘Don't worry, it won't come out of your costs. I should think that after today Saleh & Co Lawyers will be more than happy to foot the bill!'

‘Let's hope you close the case as smoothly as you give away other people's money,' Casey teased.

‘Don't you worry your pretty little head, I intend to,' Valopolous said.

The look on Casey's face at Valopolous's sexist remark reminded me of a raging bull.

When I'd returned to the office yesterday and told Jacinta what happened in court, and how I couldn't understand why Casey didn't stand up to Valopolous about using the notes, Jacinta explained that Casey intended to go to the bar next year. If she was going to make it as a successful barrister she had to get into the good books of senior barristers, which Valopolous was. In fact, he was one of the top barristers at the Sydney bar. She needed the support of people like him if she had any chance of getting good work as a junior barrister. Jacinta's theory was that because Casey would be determined to make a good impression, she wouldn't want to challenge Valopolous. What a cop-out.

‘I wouldn't want to be in Wallace's shoes,' Valopolous said. ‘Not much of a case. Actually, he has no case.'

At that point Wallace walked in, looking fatigued.

‘Have you got a big, fat settlement offer for me, Fred?' Valopolous called out.

‘The insurer wants to take its chances with the judge,' he said wearily, not even attempting to disguise his disapproval.

Valopolous roared with laughter. ‘Suits us just fine,' he said.

Judge Monahan adjusted her robes, took a sip from her glass of water, and asked Valopolous to commence his closing address.

Valopolous sprang up as elegantly as someone of his size could. ‘The court has heard incontrovertible evidence of the defendant's negligent workplace practices. The defendant has all but explicitly conceded that it failed to implement a safe system of work and failed to implement measures it knew were necessary to avert the foreseeable risk of harm to its staff 's safety. The defendant's omissions causally contributed to the deceased's death. It failed to establish a system for ensuring the safe transportation of money between its various stores. It failed to install security cameras or employ suitably trained security people to transport money between premises, a measure we have shown the defendant could easily afford. It failed to have the deceased accompanied by another staff member and failed to provide her with a distress alarm. But for the defendant's failures, the deceased would still be alive.'

My ears pricked up; Valopolous was using the ‘but for' test, Dad's favourite. ‘
But for your behaviour, the boys' toilets would not have wet tissues stuck to its ceiling.' ‘But for you removing the ladder, the workman would have been able to come down from the roof.'

Valopolous leaned against the lectern. He was relaxed and clearly enjoying this.

‘The court has heard how Rodney Marks, the deceased's employer, instructed the deceased to transport the day's takings while they stood at the front counter,
within earshot of the customers
.

‘Further, the court has heard evidence that prior to her murder, the deceased herself complained to the defendant about the lack of a security camera. The court heard that the defendant did not order the missing part for the security camera it had purchased because he “forgot”. The price of Rodney's forgetfulness was Maureen White's life.'

Valopolous then spent the next half-hour detailing Bernie's financial hardship, itemising all the bills he could no longer afford to pay. You would have thought Bernie was a candidate for World Vision sponsorship the way the barrister carried on about Bernie's ‘destitute' state.

When he finally finished I think even Bernie was convinced that his case was genuine. I glanced at him. He caught my eye and beamed at me.

Wallace stood up next, looking as thrilled as you'd expect of somebody who knows he has no case but has to pretend to fight for it. He hacked a cough, poured himself some water, took a long sip, adjusted his robes, scratched his wig and then plunged into the deep end.

‘Counsel for the plaintiff wishes the court to seize upon the emotion of this case, and nothing rouses emotions more than a dead body, an impoverished, grieving widower and a morally bankrupt employer. But all is not what it seems. Yes, there is a dead body, as tragic and horrific as that fact is. But is the plaintiff truly in financial hardship? Is he really the grieving widower he claims to be? And is the defendant's conduct to be measured by morality or legality? By what is morally required or legally required? Which standards does the court have the power to impose?'

I was impressed. Maybe he'd be able to save some of the defendant's case. I snuck a look at Bernie. He looked uncomfortable and wriggled in his seat.

‘First, let us examine the plaintiff 's claim to no longer have the benefit of his wife's financial support. The fact is that the plaintiff didn't need his wife's financial support. He was receiving workers' compensation and could have contributed to the bills and expenses. He would have us believe his weekly payments were so meagre that he preferred to spend them on his wife, taking her out for dinner, buying her gifts. Even accepting this is true, exorbitant amounts were spent on such unnecessary expenses. He was not dependent on her. He was exploiting her!

‘By his own admission, he had an affair. The image of the perfect couple is shattered. Given the infidelity, how do we know the marriage would have lasted? Was it his wife's death that severed her financial support of him? Or might she have left him? We do not know for certain.'

We could have, I thought to myself. If Claudia hadn't chickened out you might have some evidence to work with here. I could see Wallace struggling, knowing all he did but forced to stay silent. It was a familiar feeling.

‘We do not know for certain but we should not ignore the possibility that such financial support may not have continued. If the court finds in favour of the plaintiff,
which I press it not to
, then such a contingency should be considered and any compensation awarded severely reduced.

‘Lastly, let us consider the defendant's alleged negligence in not implementing safety measures it admittedly was aware were advisable. The fact is that the defendant was not legally obligated to implement such measures. It would have been wonderful if it had, but it was not required to. Its omission, therefore, was legal. Had the deceased survived her attack and brought a case in negligence against her employer, she would have failed. The defence rests.'

 

Casey had begrudgingly invited me to come along to the celebratory lunch. I decided to go. It was a free meal at one of Sydney's top restaurants. The alternative was to go back to the office and probably photocopy for one of the other lawyers. I didn't have to talk much; I could play the part of the moody teenager quite well when I needed to.

We were at a fancy restaurant in Circular Quay, sitting at a table that had a perfect view of the Opera House and Harbour Bridge. My salary for the day would barely have covered the cost of the entrée.

Casey, Valopolous and Bernie were in good spirits, and it wasn't just because of how well the case had gone; Casey had ordered an expensive bottle of wine. It was the first time I'd seen her in a cheerful mood. She clearly needed to be tipsy more often. The three of them were recounting moments in the hearing, focusing on all the times Wallace had stuffed up and Bernie had come out on top. They had a huge range of moments to choose from.

‘So, assuming you get a good judgment,' Valopolous said, taking another sip of his wine, ‘which I think we all agree is likely, what do you plan to do with the money?' Before Bernie could answer he continued, ‘Buy a boat. I have a magnificent one, moored at Mosman.'

‘If you get enough you could pay off your house,' I said to Bernie. ‘That way you won't have to give up the house you and Maureen lived in. You always said you couldn't bear to sell it, isn't that right, Bernie?'

Bernie took a bite of his cuttlefish ceviche, which I had personally found disgusting and left uneaten on my plate. You could have served me a Big Mac with this view and I'd be happy.

Bernie seemed to be enjoying his wine and food too much to have picked up on my swipe at him. Casey, on the other hand, flashed me a silencing look which I chose to ignore.

‘I figure a fresh start is the best thing,' Bernie said. ‘Too many memories in that house. It's best to start new.'

‘Good idea,' Valopolous said, raising his glass and smelling his wine before sipping it.

‘Really?' I said. ‘I would have thought that you'd want to honour the house you lived in with Maureen, especially since you've made some money out of her death.'

‘
Noah
,' Casey warned through gritted teeth.

‘Mate, I didn't make money out of her death,' Bernie explained, oblivious to the hostility in my tone. ‘It's called compensation. There's a difference.'

Valopolous gave me a stern look. ‘So your father is Nabulsi QC?'

‘That's right,' I said proudly.

‘Hmm . . .' he said, then looked away.

Casey leaned back lazily in her chair, resting one arm across her chest as she held her glass of wine up with the other. ‘Well, Noah, has your work experience inspired you to become a lawyer?'