Douglas Kennedy: A Special Relationship

Suddenly, I saw the brilliant stratagem behind Maeve's gamble. Knowing full well that Diane Dexter needed to be in Sydney as soon as possible to get her new office up and running, she wagered that Dexter would raise major objections when our side threatened a suspension of the hearing. Because that would mean Tony and Jack wouldn't be able to join her for at least four months - if, that is, Traynor ruled in their favour at that future time. Watching her now take charge of the discussion with Tony and their legal team, I guessed what she was telling them in her low, but insistent voice: How damaging can these witnesses be... ? We can't afford the delay... let's finish this now.

Or, at least, that's what I hoped she was telling them.

Their debate continued for another minute, during which time Tony tried to raise an objection, but was hissed down by Dexter. He looked rather defeated.

'So, Miss Fforde/Traynor said, interrupting this conclave. 'Have you and your client reached a decision?'

Fforde looked directly at Dexter - who nodded affirmatively at her. Then she turned to Traynor and said, 'With reluctance - but not wishing to delay the conclusion of these proceedings any further - we will accept the respondent's two new witnesses'.

Traynor looked most relieved. So too did Maeve Doherty, who afforded herself the most momentary of smiles. Traynor said, 'Please call your first witness, Ms Doherty. Who will it be?'

'Elaine Kendall, My Lord'.

Nigel went scurrying up the aisle and out the back door. A moment later, he returned, followed by Elaine Kendall. She was a small, rather tired-looking woman in her late forties, with a smoker's face and fatigued eyes. She entered the witness box and stared straight at Tony with a look of joyless disdain. She took the oath, she steadied herself, Maeve began.

'Ms Kendall, would you please tell the court how you know Mr Tony Hobbs?'

She started telling her story in a slow, hesitant voice. She had grown up in Amersham and at Christmas 1982, she was working at a local pub when in came 'that gentleman sitting over there'. They got chatting over the course of the evening ('I was serving him, you see'), and he explained he was back in Amersham visiting his parents, and that he was some big deal foreign correspondent for the Chronicle.

'Anyway, he was very charming, very sophisticated, and once I was finished work, he asked me out for a drink. We went to a club. We drank far too much. One thing led to another, and we woke up next to each other the following morning.

'After that, he vanished - and a couple of weeks later, I discovered I was pregnant. Now I tried to contact him through the newspaper - but got nowhere. And my dad and mum being real Irish Catholic and all... well, there was no way I was not keeping the baby. But... that man... he was in Egypt or somewhere at the time, and though we kept trying to get in touch with him, there was just silence from his side.

'Eventually, we had to hire a solicitor, make a fuss with his paper. Way I heard it, his bosses told him he had to settle this somehow, so he agreed to finally pay me some sort of child support'.

'What was that amount?'

'Fifty quid a month back in '83. We managed to get another solicitor on the job around '91. He got him up to £125 a month'.

'And Mr Hobbs never showed the slightest bit of interest in you or your son... ?'

'Jonathan. He was called Jonathan. And no, that man didn't want to know. Every year, I'd send him a picture of his boy, care of the Chronicle. Never a reply'.

'And - although I know the answer to this question already, and must apologize to you for raising such a painful subject - where is your son now?'

'He died in 1995. Leukaemia'.

'That must have been terrible'.

'It was', she said - but her voice was hard, and her gaze remained on Tony.

'Did you write to Mr Hobbs, informing him of his son's death?'

'I did. And I called the paper too, asking them to contact him. Never a word. I thought, at the very least, he could have called me then. It would have been such a small, decent gesture'.

Maeve Doherty said nothing for a moment, holding the silence. Then, 'No more questions'.

Lucinda Fforde had a frantic huddle with Tony. I looked over at Dexter. She was sitting there, cold, impassive.

'Ms Fforde?' Traynor asked. 'Do you wish to cross-examine?'

'Yes, My Lord', she said, but I could see that she was desperately trying to find an impromptu strategy, a damage limitation reaction. And God, was she fast on her feet. Because she said, 'Ms Kendall, as much as I appreciate the tragedy of your story... I must ask you this: do you really think a one-night fling constitutes a life-time commitment?'

'When the result is a son, yes, I do'.

'But didn't Mr Hobbs make an ongoing financial commitment to you and your son?'

'A measly commitment, which my solicitor had to fight for'.

'But hang on... I presume you were a sexually active woman at the time. After all, you did sleep with Mr Hobbs after just one night. Surely he could have demanded a paternity test'.

'I wasn't the local mattress. It was his baby. I'd slept with nobody before him for about a year'.

'But did he demand a paternity test?'

'No... he didn't'.

'You received a sum of money from the man who fathered your child. And surely £50 meant something in 1983. Just as £125 meant something in the early nineties. So he did meet his responsibilities to you. And in the matter of the death of your son... surely, you must recognize the fact that, as tragic as that death may have been for you, he had absolutely no connection with the boy. So...'

Suddenly, Elaine Kendall began to sob. She struggled to control it, but couldn't. It took her nearly a minute to bring herself under control, during which time everyone in the court could do nothing but watch hopelessly. And I felt appalling guilt. I'd talked her into this. Sat with her in her Crawley sitting room, she telling me how she moved to that godawful town after Jonathan died to get away from the place she so associated with him, how he was her only child, how she'd never married, worked bad jobs to keep them both afloat, but difficult as it was, Jonathan was the centre of her life. And then... out of nowhere... leukaemia. And...

The story was so painful to hear. Agony, in fact. Especially as I knew that this woman had lost the one thing in her life that mattered. Like any parent who had lost a child, she would never get over it. And yet - and this was a terrible admission - I also saw her story as a big opportunity for my case; a way of exposing Tony for the heartless shit that he was. I was direct with her about this. I told her - in very clear language - how her testimony might help me get my child back. I pleaded with her to help. And she agreed. And now... now she had been put through the most needless torment. And yes, I had gotten what I wanted from her. But watching her sob in the witness box, I felt nothing but shame.

When she finally stopped crying, she turned to the judge and said, 'I must apologize, My Lord. Jonathan was my only child. And even now, it's hard to talk about it. So I am sorry...'

'Ms Kendall, you owe this court no apology. On the contrary, it is we who owe you an apology'.

Then, sending a dagger-like look in the direction of Ms Fforde, he asked, 'Have you any further cross-examination, Ms Fforde'.

'No, My Lord'.

He gave Maeve a similar withering look and asked, 'Re-examination, Ms Doherty?'

'No, My Lord'.

'Ms Kendall, you are free to leave'.

It took her a little effort to leave the witness stand. As she passed me by, I whispered, 'I'm so sorry...' But she moved on without saying a word.

Traynor said nothing for a few moments. It was clear that he had been affected by the sight of that poor woman sobbing in the witness box. And he too needed a moment to collect himself before returning to business.