Blossoms in the Wind Page 17

  She sighed and felt pessimistic about the outcome on what should be the final day of the trial.

  DEFENCE ATTORNEY RICHARD McCartan tugged on his black robe and faced the jury with his final summing up. "Ladies and Gentlemen of the Jury, you now have to weigh up the evidence of this case and decide whether Terri Cox is guilty of the murder, the alternative charge of manslaughter of David Sutton or is not guilty. There is also the lesser charge of illegally disposing of Sutton's body to be considered.

  My client is not a murderer, Ladies and Gentlemen. In fact, she is a victim. She has not denied that she was responsible for his death but maintains, as we have throughout this trial that her actions were in self-defence and she feared for her life on that tragic day. We have proved that the handgun involved in the case was not purposely bought by her, as the prosecution claims, but was owned by her family for two generations and originally licensed by her great grandfather after World War Two. We also had documented proof that it was continually licensed by her family and later herself. As for the claim that she purchased ammunition for this gun illegally, there was no evidence to back it up. We maintained in our presentation that the ammunition was kept securely in the family home for many years.

  The handgun, Ladies and Gentlemen, was a German Lugar brought back as a war trophy by Sergeant Kevin Cox where he served after four years and two tours of duty in Egypt, Italy and finally Germany with New Zealand forces. He was wounded twice and the list of medals he received are testament to his bravery and loyalty to King and Country. So he brought back live ammunition and failed to have the Lugar's firing pin removed? I put it to you that it was fortuitous that he did for had he not done so, Terri would not be in this courtroom today for she would not be alive. We have numerous witnesses who proved that David Sutton was a violent man."

  McCartan continued on to summarise testaments including witnesses Chloe and Jeff who described how violent David Sutton had been throughout many years and the evidence of Nicole Wilks who told about losing her child after being attacked by her partner of the time.

  "Remember, too," he continued. "That unless it is proven beyond doubt that my client had purposely had the Lugar waiting and shot him on sight as the Crown Prosecutor claimed, she must be found not guilty, not only the murder charge but also the lesser charge of manslaughter." The Defence Attorney waited again in the hushed courtroom before he strolled across in front of the jury bench, turned, gave Terri Cox a brief smile and sat down.

  "Thank you, Mr. McCartan," The judge stated and turned to face the jury. "This is a difficult case based mainly on circumstantial evidence, Ladies and Gentlemen of the Jury," he began. "Terri Anne Cox has never denied that she shot and killed David Sutton but you must weigh up the evidence presented to you over the last week to ascertain if this was a premeditated action or one by a desperate woman who feared for her own life," The judge continued his summary for another fifty minutes before ordering the jury to retire and reach a verdict.

  Terri grimaced and glanced at Richard McCartan. The case against her was quite damning with the circumstantial evidence built up and made plausible mainly by the ruthless cross examination of Nicole Wilks and the defence attorney insinuation that she was an unreliable witness who had exaggerated her statements about life with Sutton because she had a miscarriage. There was, though no proof that this was the result of being assaulted by him.

  "Don't worry, Terri," Richard said. "I'm sure it will turn out okay."

  Terri shrugged. "But you don't know, Richard. The men on the jury in particular seemed to have prejudged me when I admitted that I had shot him.

  FIVE HOURS LATER THE jury filed back into the courtroom with the jurors' eyes avoiding Terri so there was no way she could read any message. After the usual formalities, the chairperson stood to announce the verdict.

  "To the charge of murdering David James Sutton we find the defendant Not Guilty," she said in a clear precise voice. "To the alternative charge of manslaughter we also find Terri Cox Not Guilty, Your Honour. To the final charge of Illegally Disposing of a Body in Water, we find the defendant Guilty, Your Honour. "

  Terri just stood and stared ahead without any outward sign that she had even heard the verdict and only her eyes fluttered when the judge started to speak.

  "You have been found not guilty of the murder and manslaughter charges but guilty of Illegally Disposing of a Body in Water," the judge stated after the usual preamble. "Throughout the trial I have been impressed by your fortitude, compassion and complete frankness. However, you unwisely, shall I say, illegally disposed of David Sutton's body in water." The judge's eyes linked onto Terri. "Terri Anne Cox you are hereby convicted of the crime of Illegally Disposing of a Body in Water and discharged. Court is dismissed."

  That was it! Terri frowned and glanced at her attorney. "What happens now?" she asked.

  Richard McCartan smiled. "It means you can go, Terri. Even though you are convicted on that lesser charge, the judge decided not to impose any punishment."

  "You mean it?" she gasped as tears of relief formed in her eyes

  Richard smiled. "Yes, you are a free woman so go to your family and friends. I know they are waiting for you."

  There was a crowd of reporters and just the curious public waiting outside the courthouse but Richard sheltered her from the barrage of questions from television and newspaper reporters. Finally, though she stepped into a sobbing Yolanda's arms while her other friends gathered around. Half an hour later in a nearby restaurant and bar Adrian pulled up a stool beside her. He smiled and held out a piece of paper.

  "At my company, Switched on Components, we need another clerk in the office. I heard that you are a conscientious worker so the job is yours if you would like it. Ava will be back there after her exams are over so can show you the ropes." He looked almost apologetic, "Of course if you have another offer elsewhere that's better, I don't mind."

  Terri stood up reached across and hugged him, with again tears of emotion flowing down her cheeks. "Jeff let me rent one of his flats and now you have a job for me. In my whole life nobody has been so kind for me." She turned to Yolanda who was holding Karson, her baby son, stood grinning beside her. "Except you, Yolanda, my dearest sister who never ever gave up on me."

  WHEN DISTRICT NURSE Jade Wright turned into the driveway of Salty O'Hannigan's little cottage on her weekly visit she realised something was wrong. Perky the dog but not Salty himself was waiting by the letterbox. She stopped and rubbed the dog's ears.

  "Hello Perky, why are you the only one here to greet me?"

  The dog looked at her with mournful eyes and instead of the usual tail wag, just dragged it on the ground and gave a strange whimper. Jade patted her again and walked up to the cottage. The old truck was parked around the back and she knew that if Salty was out walking along the beach Perky would be with him. The door was, again as usual, unlocked so she called out and walked in.

  There, slumped across the kitchen table with a copy of the New Zealand Herald spread out before him, was Salty, She rushed across and felt for a pulse. There was none! A pencil was in the old man's hand and it appeared that he had just finished making a large tick across the page. It showed a photo of Terri Cox flanked by her sister and friends and the large headline Not Guilty of Killing Abusive Partner.

  "So Salty approved of the verdict," she said to the dog. "He's gone, Girl but I guess you know that. Come on, I'll get you something to eat and afterwards you can come back with me."

  Salty looked up and gave her tail a couple of wags and ate the food placed in a bowl before her. Afterwards Perky just watched as Jade found a sheet to place over the body, gave the cottage a brief tidy up and found a key to lock the door.

  With Salty sitting beside her, she headed up the road until she came into mobile range and reported the elderly man's death. In her job she dealt with the death of patients reasonably often but somehow she felt saddened by Salty's death all alone out here with only his dog for company

 
She turned to Perky. "Don't you worry Girl," she whispered. "If nobody wants to give you a new home, I'll look after you myself. It's the least I can do for you and Salty."

  JEFF GLANCED AROUND the courtroom that was the same one used when the family trust was dissolved. As had happened last time, all the participants sat along the back and the two lawyers did all the talking before the judge.

  Nicole Wilks smiled across at his family for his mother, Adrian and Ava were also there. This was a distinct contrast to the situation where his father had stormed out after losing the case.

  The judge, this time a middle aged woman in her fifties was far more friendly than the old one and actually talked to Mum and himself rather than just through the lawyer.

  "Firstly," the judge said. "I wish to state on the way the parties conducted themselves in this case. Both sides were accommodating in their attitude and Mrs Chloe Sutton's admission that the decade-old will was signed in a different situation from the one that may have been made if it had been updated. However, there were no updates so it is still officially the last will and testament of the deceased. My ruling takes this into account as well as all the facts presented to me by the two lawyers here today."

  She continued with finer points of the law and also referred to two similar cases in the previous two years and the judgements made. Both of these had upheld the will but had approved some changes to the plaintiffs in each case.

  Jeff glanced at his mother who just stared ahead with a tight expression on her lips. Ava squeezed his hand and caught his eyes. However, like himself, she had no idea about the outcome.

  "I have taken the rulings in both these cases into account in my ruling. Firstly, I rule that because of the age of the writing of the will and the changed situation since this was done there is a just cause for this contesting of the contents.

  I also take into account the ruling of the court when the Sutton Family Trust was dissolved with one third of the assets involved going to Jeff Sutton. In his will, the late David Sutton left almost everything to this family trust that does not exist any longer.

  Nicole Wilks was his partner for sixteen months so was below the time of two years when de facto partners are entitled to the rights of a legally married couple... " Again she continued on with references to points of law and other legal details.

  "I hereby rule that Nicole Wilks has some rights but also his former wife and son also have rights to the estate. The apartment that Nicole Wilks resides in, including the furniture and other personal items that the late David Sutton had on the property at the time of his death shall be bequeathed to her as well as twenty thousand dollars that I estimated he saved during his time he was living with Miss Wilks."

  The judge glanced up at Nicole before shifting her gaze across to Jeff and his mother. "Everything else in the estate shall be divided up as per the ruling when the family trust was dissolved. Chloe Knight and Jeff Sutton shall each share half of the deceased's other assets. How this is divided up will be by mutual agreement between them."

  She stood, bowed slightly and walked out of the room. Jeff turned to his mother and Ava. In his opinion and the others, too this was a fair judgement and different from what their lawyer had suggested would happen with an all or nothing ruling suggested.

  Nicole walked across to them with an almost shy smile on her face as she held out and shook all their hands. "Thank you," she said. "I hope you are not disappointed in the outcome."

  "Not at all," Chloe replied and have Nicole a hug.

  "So we can remain friends?" Nicole replied.

  "Of course," Chloe replied.

  Jeff s glanced at Ava and they both nodded in agreement.

  'THERE WAS JUST ONE thing I thought was a little unfair in the case," Ava said as she drove home with Jeff.

  "Not that twenty thousand bucks Nicole was awarded?"

  "No, nothing like that. It just seems that Terri should have got something. She was cleared of his murder, has his baby to bring up and gets no help from his estate."

  "True," Jeff replied. "However, she never entered the equation. I guess she would have had to contest the will herself to have been considered." He shrugged. "It is too late for that now, though."

  "So perhaps we can do something to help her?"

  "Like what?"

  Ava grimaced. "Perhaps some sort of trust for Karson's education. In that way it will have to be used for him and not just wasted away. I like Terri but I doubt if she has much business sense."

  Jeff nodded. "We can talk to Mum and Adrian about it. I'm sure they would both have suggestions in whether we should help her and if so what we could do."

  Ava smiled. "Meanwhile, let's go and find a restaurant and have a nice meal. I'm starving."

  "Sounds great," Jeff replied and ignored the angry toots as he cut the Mazda across two lanes of the motorway to reach the next off ramp. "I know just the place that serves a great meal at lunchtime without having to wait an hour."

  HOWEVER, CHLOE AND Adrian did not support Ava's idea.

  "We have done enough for Terri," Chloe pointed out. "Also this trust that you are thinking of could be a real drain on our own finances."

  "With that money and property given to Nicole in the judgement, there is really not much more left from David's will. Sure he owned other properties as well as those Jeff now owns but most were heavily mortgaged. It is probably best to sell them and use any surplus to help our own family. I would rather support you two so you don't need large student loans," Adrian added.

  "And there is also Shona," Chloe added.

  Ava sighed, "You're right. I guess I was just carried away with Nicole getting so much and Terri nothing."

  "She's not just an innocent victim," Adrian pointed out. "She would have known David was living with a partner and chose to be his mistress before everything went wrong."

  Ava nodded and realised they were probably right. The chances were that Terri would move on, get another partner and they would lose touch with her.

  "Your heart is in the right place, Ava," Jeff said to her later "But Mum and Adrian did have a sound argument. Also, what's the bet that somewhere around the city there is another solo parent who was impregnated by my father?"

  "Yeah," Ava whispered. "Your mother must have been a nice person."

  "And why's is that?"

  "Luckily you never had many of your father's genes so they must have come from her."

  Jeff laughed. "Anyway, let's stop being morbid. We've got the whole summer before us. I reckon we could go on a camping trip somewhere."

  "Perhaps further south," Ava added. "The crowded local beaches aren't much fun."

  CHAPTER 18

  Jeff just about tripped over four-year-old Shona as she burst into their Mount Albert home and tugged on his neatly pressed trousers. It was May and graduation day for Ava, Fluer and himself. It was now mid-morning and the two women both hogged the bathroom so he had to use the shower, handbasin and mirror in the laundry.

  His tiny sister looked up at him with sparkling eyes. "Are Terri and Karson here yet? We're going to the zoo and KiddieLand afterwards."

  Jeff picked Shona up and gave her a kiss on the cheek. "I know you are and aren't we lucky with the weather?" The report was for mainly sunshine.

  Shona nodded wriggled out of his arms. "Mummy and Daddy are here," she said and rushed out of the room.

  Jeff finished tying his tie and walked out to where Chloe and Adrian arrived with arms filled of bits and pieces for Shona.

  "Where are the girls?" Adrian asked.

  "They're along in the bedrooms," Jeff replied. "Damned if I know why it takes them hours to get ready. I can do it in ten minutes."

  Chloe laughed. "Want a hand with your gown and mortar board?"

  "Yeah, guess so. If I get it back to front, I'll get nagged by two women, not just one."

  There was a brief knock on the opened front door and Terri walked in carrying three-year old Karson on her hip. "Sorry, I'm running late,"
she said. "That traffic is diabolical." She grinned at Jeff. "My you do look grand. Reckon this is the first time I've seen you wearing a tie."

  "Stupid things," Jeff muttered. "The girls are up in the bedrooms."

  "Hi Shona," Terri added and plonked Karson down beside her. "Now don't get all those toys out of the spare room. We're be going soon."

  Like himself, Terri was now working full time at Switched on Components but Adrian had given them all the day off. Terri had offered to babysit Shona who like Karson, had a day off from the crèche that Switched on Components provided.

  Fluer still lived with them but had settled her differences with her parents and often the three had a Saturday evening meal with her parents at their place. Even though Bardon was now an elder at St George's Presbyterian Church and had more liberal views, Fluer refused to go near her parents on a Sunday.

  Not long after Fluer had shifted in with them, she had told him she had had an abortion but like Ava, he had promised not to tell her parents or anyone else about it. Since then, he had no idea whether she had told her parents but suspected that she had subsequently told her mother. Over the last three years Fluer had had no boyfriends around and seemed to be becoming one of those academics destined to be an old maid.

  He grinned. A Bachelor's degree was enough for him though both Ava and Fluer were now in their first semester of their Master's degrees. Ava and the girl he was thinking about, walked into the room, dressed in upmarket clothes, graduation gowns and mortarboards. He grabbed Ava and kissed her on the lips but she politely pushed him aside. "You'll ruin my make-up," she said and turned to welcome Terri and her son.

  "There's plenty of food in the fridge and stuff for the kids. Don't let Shona watch too much Disney or Nick Junior on the television." Chloe said.