The Family Caught

Paul looked up. It was Maxine.

"Why didn't you go to bed?" she asked. She was wearing her dressing gown.

"What time is it?"

"Half past six," she told him. "Sleeping here's not going to leave you in a fit state for court is it?"

Paul groaned, sat up and rubbed his eyes. He watched Maxine as she got herself some breakfast. He hadn't seen her this time of the morning before; she was normally gone before he got up. Barristers and Judges don't like early starts. Maxine had no eye shadow on. She looked much younger than she usually did.

"Thanks for waking me." He picked up the papers that had dropped to the floor.

Maxine sat down at the dining table when her toast was done.

"So what's happening in court today?" she asked.

"The counsellor gets to answer some questions and then it's summing up time," Paul said, yawning. "Might finish today or tomorrow." He got off the sofa and pulled out a chair at the same table. He looked at Maxine. She was a bewildering source of inspiration and energy in these, the most stressful days he'd had since his children disappeared from home. A troubled look came over his face.

"Tell me," she said and reached out for his hand.

Paul opened his mouth, closed it again and then said, "You mean a lot to me, there's something I need to know ... your boyfriend ... ?"

Maxine's look of concern changed immediately into a smile. She let out a little laugh.

He waited for an explanation. She squeezed his hand and tilted her head to one side.

"What was that Peter once said about me?" she said, barely restraining herself.

Paul didn't recall at first and then his frown deepened. "Two ... boyfriends?"

Maxine let go his hand and laughed out loud. She slapped her forehead. "You idiot!" she screamed. She shook her head. She continued to laugh as she got up. "Here," she said, pushing her toast toward him, "you eat this, I'm going to have a shower." She got up and walked to the hallway and then turned around. "People sometimes change their minds you know." She showed her beautiful teeth. Her laughter continued as she disappeared.

When Maxine left for work she checked herself in the mirror in the hall and then told Paul to wipe off the lipstick.

Felicity looked extremely uncomfortable when she took to the witness box. Paul wondered if she had ever done this before.

Paul thought of Maxine much of the time Mr Beaton was questioning Felicity. Indeed he felt almost peaceful. It took him until the morning adjournment to realise that Mr Beaton was asking very leading questions without objection from Mr Jenkins. He asked him about it during the break.

"She's considered an expert witness," Mr Beaton explained. "You're right, this is evidence in chief, but I can lead without objection because experts aren't fooled into giving wrong answers like lay persons are."

Paul was dissatisfied with the explanation; it lead him to conclude that lawyers thought everyone, except experts, were idiots.

Paul had only two questions for Felicity.

"Ms Jones," he asked, "On page four of your report you describe the house occupied by the respondent as having an acrid smell. Are you able to tell us exactly what the smell was caused by?"

"No," Felicity answered. "I didn't ask about it."

"Well, what did it smell like?" Paul enquired. "Was it a smell that reminded you of anything?"

Felicity looked troubled. "It was," she paused, "it was ... an animal smell."

"An animal smell?" Paul said, more to himself than to the court. "Well, could you say what animal it might have come from?"

Felicity took a breath and pulled herself upright. "It smelled of urine," she said firmly. "The whole house smelled of urine."

"Thank you, Ms Jones," Paul said and looked down at his copy of her report. "Throughout your report, and I refer you specifically to pages six, seven, eleven and twelve, you mention physical contact between the children and the adult males in their lives but there is no mention whatsoever of such contact between the children and their mother." He looked up from the report. "Ms Jones, did you at any time during the research for the preparation of this report see any contact, of any kind, between Eva and her children."

"No," she replied.

"I have no more questions of the witness, your Honour," Paul said and sat down.

Mr Jenkins was leaning backwards to whisper with Eva. He turned back to the bar table and adjusted his wig.

"Ms Jones," he said, standing up, "at the times you saw my client, did she tell you she was experiencing morning sickness?"

"No she didn't."

"Well in your opinion," Mr Jenkins asked, "isn't it possible that during the early stages of pregnancy a mother might be less affectionate with her children, if she was experiencing some pain or discomfort, than at other times?"

Felicity thought about it. "I suppose it's possible," she admitted.

"You state in your report that my client told you that there was no violence in the marriage. I put it to you that that was a misunderstanding on your part, that rather she said there was some violence in the marriage?" Mr Jenkins waited.

Felicity put on her glasses and looked down at her notebook. “My notes are not good on that subject," she said finally, looking up and removing her glasses, "I remember asking her the question and I suppose I didn't give it any further thought given the answer I thought she gave."

"But it is possible she said there was some violence?"

"Possible, but unlikely," Ms Jones replied. "If I heard her say that I would have asked for details but I suppose I could have not heard her properly."

Paul shook his head. That's the most unhelpful answer ever given in a courtroom, he thought.