What was the man saying, what were they themselves, what was the court being led to think? That the Defence had damned itself out of its own psychiatrist’s mouth?
They could not ask Motsamai for an interpretation of this inference — a sign ominous, or a disguised defeat; he was in his place in the well of the court preparing to close his case.
Claudia saw Harald slide a hand into his jacket pocket and bring out a notebook when Motsamai rose to address the court. It was the small hard-backed one schoolchildren use, not the embossed leather kind with attached gilt ballpoint that lay open for him at Board meetings. It belonged to the pared, humbled other life he and she lived now, he must have gone himself to a stationer’s to buy it: the sort of errand run by his secretary. Claudia had the delicacy not to give in to the distraction of covertly glancing at what he was writing while Motsamai spoke; she felt a loving empathy with him like a gentle tide, there and subsided, beneath the intent with which she was following every syllable that came from Motsamai. Not only was it Motsamai’s turn to engage attention; he was, he made himself, the focus of the court. His presence asserted that the court was for him, this short man with the drylined face like a dark worn glove, that seemed hardly to contain eyes hard as glass, bright against black; from all the years he had been shut out on the Other Side of the law he claimed the right to arrogant bearing of its dignity.
— A person is said to be criminally responsible, that is to say, to have criminal capacity, when he is able to appreciate the wrongfulness of his act at the time of committing it. To assess this criminal capacity one must be in full cognizance of the events and the consequent state of mind of such a person before the act was committed. What were the events and the state of mind in the case of Duncan Lindgard?
The previous night, towards the early hours of the morning, he is concerned for the safety of the woman he loves because she has not returned to the cottage where she lives with him in an intimate relationship. Now I want to go back a little into certain aspects of this relationship because it is significant to the character, the consistent caring nature, the sense of human responsibility of Lindgard. Natalie James attempted suicide, to take her own life, and Duncan Lindgard saved her life. It was due to his desperate efforts that she was resuscitated. He had no emotional attachment, no sexual relation with her at the time; scarcely knew her. After that, a relationship developed and he took her in. They cohabited in the cottage in the grounds of a house where three friends of Lindgard lived, and occupied the property, as the accused has described to the court, as something like a family — not mother, father, children and so forth, but adults in loyal friendship, in harmony, the three homosexual members and the heterosexual couple. Lindgard not only brought Natalie James physically back to life; as a member of the so-called family has testified, out of love for her he took on the self-appointed burden of reconciling her to the problems of her stormy past — the child she had borne and given to adoption, and other personality problems — and devoted himself to try to help her develop her positive side, the potential he saw in her that was constantly threatened by irresponsible self-destructive tendencies. In the two years or so they had cohabited as lovers there is no evidence that he responded to her mental aggression and her various transgressions threatening the relationship, with anything but patient endurance and a willingness to help her. No provocation from her brought him ever to act violently during that period. — Motsamai flashed a look to the public for a second, holding their attention ready, then was back to the judge. — With respect, M’Lord, I am not blackening this young woman’s character, I wish only to give the actual background to the accused’s concern for her in the early hours of the morning, when she failed to appear. —
It is difficult for Claudia, for Harald writing with his fist shielding the page, to keep conscious of the judge’s presence; he is, as she knows Harald believes God to be, there, even though one is not aware of this.
Motsamai’s reminder has not lost his hold on the public. — Duncan Lindgard crosses to the house, anxious that she may have been attacked by an intruder in the dark garden. What does he find? An open door, all the lights on, and on the sofa, Natalie James and Carl Jespersen in the throes of the sexual act. With respect, M’Lord, they are so engaged that they do not even spring apart at Lindgard’s presence. Ah-hêh, What does Lindgard do? The blow is so terrible, so unbelievable, that he flees. Now why was what he came upon so devastating? To any man, any woman, the sight of his or her partner performing the sexual act with another is a painful shock. No question about that. But what Duncan Lindgard was struck with was a double betrayal of an appalling nature. For what he saw on that sofa was not only the unfaithfulness of the woman he loved, but the fact that the man performing the sexual act with her was the very man with whom he himself had had a brief homosexual affair , and who had caused him pain, at that past time, by abruptly breaking off the affair. He knew only too well that Jespersen did not desire women — he has told the court how Jespersen talked distastefully, even disgustingly, about their sexual characteristics, their genital organs. That Jespersen should overcome this revulsion specifically to perform the act with Lindgard’s woman could mean only one of two things, equally horrifying: either Jespersen took some pleasure in the idea of humiliating once again the man he had already rejected, or there was an added kick to that idea in aiding Natalie in some impulse she had to take advantage of this— exquisitely —cruel way to humiliate and wound the lover to whom she felt some perverse resentment for owing him so much: her life. What Duncan saw was an act so sickening in its implications that, as he has said in his evidence of how he spent the next day thinking in the cottage, nothing could be done about it. No considered course of action would be adequate to deal with it.
He spent the next day alone in the cottage in a state of shock inconsistent with any resolution of intent. He was incapable of formulating any feelings towards either Natalie James or Carl Jespersen. As a highly-experienced psychiatrist reports, there was a sense of amnesiac unreality, in regard to them. He was not capable, as my Learned Friend has suggested he was, of any intention to take revenge. And as he himself said in response to my Learned Friend, the Prosecutor’s question: revenge for what? Her betrayal? Carl Jespersen’s betrayal? The betrayal of James and Jespersen in collusion?
He had lain in the cottage all day, incapacitated. If the dog had not roused him because it was hungry, if he had not gone through the motions of feeding the dog outside, would he not have stayed on in his isolation until, maybe, someone had come to seek him out? Would he have found himself in the garden, across which he had fled in anguish the night before, if he hadn’t gone out to feed the dog? He found himself in the garden, yes; and there was the house where what was unbelievable happened. He went over to that place to stand where he had seen it, to make it believable to his confused state.—
The lines in Motsamai’s face became deep slashes. He drew a long breath in pretext for his calculated pause. He seemed himself to be witnessing what he was about to describe.
— What does he see? The man, Carl Jespersen, is lounging at his ease on that same sofa. He has mixed himself his favourite drink. He smiles. He hails Duncan Lindgard, the friend, the former lover whose woman he has seduced before his eyes — he hails him as Bra, brother . Then he goes into a monologue, the tone is kidding along, sophisticated man-talk. That, he assumes, is the context in which the ‘incident’, the coupling that couldn’t stop, that concluded brazenly in Lindgard’s presence, must be received, shared, by Lindgard. Pour yourself a drink, he says. Yes, let’s drink on it, brother. The whole event of the night before is nothing . A grotesque joke!
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