Douglas Kennedy: A Special Relationship

'In other words, Mr Hobbs and Ms Dexter had been carrying on an occasional romance since 1999, and a rather steady romance since his return to London in 2002?'

'That was how I saw it, yes', she said.

During her cross-examination, Lucinda Fforde said, 'Weren't you fired by Ms Dexter for theft?'

'Yes - but then she took back what she said, and paid me money'.

'And before Ms Dexter, didn't you work for a Mr and Mrs Robert Reynolds of London SW5?'

'Yes, I did'.

'And weren't you fired from that job as well? For theft again?'

'Yes, but' -

'No further questions'.

'Re-examination?'

'A very fast question, Ms Paz', Maeve said. 'Were you ever charged with theft by Mr and Mrs Reynolds. Officially charged, that is?'

'No'.

'So you don't have a criminal record?'

'No'.

'And if the court wanted proof of the dates of, say, the holidays Ms Dexter took with Mr Hobbs, how could they obtain proof?'

'She keeps a diary by the phone, writes everything in it. Where's she going, who with. Once the year is finished, she puts the diary in a cabinet under the phone. She must have ten years of diaries down there'.

'Thank you, Ms Paz'.

When we broke for lunch, I leaned forward and asked Maeve, 'Did she really get done for stealing in her first job?'

'Oh, yes', she whispered. 'A diamond necklace, which was fortunately recovered from the pawnbrokers where she sold it. And I think it was her mad plea for mercy that made her employers decide not to involve the police. And I'm pretty certain she did steal from Dexter - but, knowing that she was involved in this case, Paz decided to scream false accusation and raise the roof. Which is why Dexter paid up. So, if you're looking for a housekeeper, don't hire her. She's completely larcenous... but she certainly served our purpose'.

Then she gave me a little shrug of the shoulders, as if to say: I know it's not pleasant, but if you want to win, you have to engage in a little suspect play, just like the other side.

'You did well in the witness box', Maeve said.

Rose and Nigel shot off to retrieve our two last-minute witnesses. Maeve excused herself to prepare for her final two examinations in full. So Sandy and I took a walk by the Thames. We didn't say much - the pressure of the hearing and yesterday's revelations stifling any serious conversation. But my sister did suggest that the morning went well for me.

'But how well?'

'Tony and his rich bitch were caught out lying about the newness of their relationship, and about only being just friends until after he snatched Jack. And I thought you were impressive'.

'I hear a but coming on'.

'But... I did think that Tony's barrister nailed you in her cross-examination. Not that you did anything wrong. Just that all the question marks hanging over you were confirmed by you. But maybe I'm just being overly pessimistic'.

'No, you're completely spot-on. Maeve thought so too. I'm worried. Because I can't read the judge, and I don't know what line he's taking on the case... except wanting to get it over with as fast as possible'.

When we returned to the court after the two-hour recess, Maeve was sitting alone on our side of the court and told me that - in order to ensure that Tony and Co. didn't run into our surprise witnesses - Nigel and Rose were dawdling with them in two separate coffee bars nearby. And as soon as the other side were in place...

In they walked, Tony and I pretending that there was a Berlin Wall between us. Immediately, Maeve was dashing up the aisle, her mobile phone in her hand. She was back within a minute, breathless, just as the clerk was calling the court to order. Traynor came in, just as Nigel came rushing down the aisle to slide in next to me. Traynor didn't like this at all.

'A little late, are we, sir?' he asked.

Poor Nigel looked mortified. 'I'm... uhm... terribly sorry, My Lord'.

'So, Ms Doherty' Traynor said. 'We are going to finish up this afternoon, I hope?'

'Without question, My Lord. But I must inform the court that, like the applicant, we also have last-minute witnesses'.

Traynor's lips tightened. He didn't like this news at all.

'You said "witnesses", Miss Doherty', Traynor said. 'By which you mean how many?'

'Just two, My Lord'.

'And why are they so last minute?' Traynor asked.

'We were only able to obtain their statements in the past day - and these were still being proofed this morning'.

'Are the witnesses here now?'

'They are, My Lord'.

'May we know their names, please?'

Maeve turned herself slightly to aim her statement in the direction of Tony.

'Of course, My Lord. Their names are Elaine Kendall and Brenda Griffiths'.

Tony immediately started whispering into the ear of Lucinda Fforde. His instantaneous panic was evident.

'And do you have the statements from Ms Kendall and Ms Griffiths?' the judge asked.

Nigel opened his briefcase and handed a thick file to Maeve.

'We do, My Lord'.

'Well, let us take a look at them'.

She handed out copies of the two statements to the judge, to Lucinda Fforde, and to her accompanying solicitor. I watched as Tony immediately relieved the solicitor of his copies, and scanned them, becoming increasingly perturbed with each paragraph, then loudly saying, 'This is outrageous'.

Traynor peered at him over his half-moon specs and asked, 'Please refrain from disturbing this courtroom, Mr Hobbs'.

Lucinda Fforde put a steadying hand on his shoulder and said, 'My client apologises for that small outburst, My Lord. Might I have a minute to consult with him?'

'A minute is fine', he said.

There was a very fast, agitated huddle in Tony's corner. Maeve stood throughout the entire minute, looking on, impassive, resisting the temptation to smile or look smug.

'Well then', Traynor said when the minute was up. 'May we please proceed now, Ms Fforde?'

'My Lord, we do have a serious problem with these statements'.

'And what may that problem be, Miss Fforde?'

'Well, whereas Mr Ogilvy's statement only arrived here yesterday from the States, along with himself, we sense that the opposing counsel might have been sitting on these statements - from two UK residents - for a considerable amount of time'.

'Miss Doherty, how do you respond to this?'

'My Lord, I've already explained why they are so last minute'.

'So, Miss Fforde', Traynor said, 'do you object to these two last-minute witnesses?'

'I do, My Lord'.

'Well', he said, 'given that the Respondent's counsel accepted your last-minute witness yesterday - and given that none of us wants to have this case part-heard - I am going to allow these witnesses to be examined'.

'My Lord, I wish to speak with my client for a moment about whether he wishes me to lodge an objection, and also ask for a suspension of this hearing until such time as...'

'Yes, yes, we all know how that sentence finishes, Ms Fforde', Traynor said. 'And the ball is, as they say, firmly in your court. Either you accept Counsel's last-minute witnesses - as she accepted yours yesterday - or we all say goodbye until four months from now, as I am going on circuit after the summer recess. So, if you want proper time to study the statements of the respondent's new witnesses, then the case will be part-heard, and we'll all be called back here in the autumn time to agree what could have been agreed here-and-now. But the choice, of course, is entirely between yourself and your client. Perhaps you would like a moment to speak with him?'

'Thank you, My Lord'.

There was another frantic huddle on Tony's side of the court. Only this time, the Dexter woman was very much involved in this whispered debate - and from the vehement way she was gesturing, it was clear that she had a very forceful point of view on this subject. As they continued their hushed discussion, Maeve leaned over to me and whispered, 'Australia'.