Trial of Passion by William Deverell Read Free Book Online

buts.
MS. BLUEMAN:
Your honour, they’re very personal.
MR. CLEAVER:
We haven’t a single written account from the complainant.
THE COURT:
Do these tapes contain a narrative about the case, Miss Blueman?
MS. BLUEMAN:
I’d be prepared to edit them —
MR. CLEAVER:
She has to be joking —
THE COURT:
Order. Miss Blueman, are you familiar with the Stinch-combe decision? The required rules of disclosure?
MS. BLUEMAN:
I —
THE COURT:
Everything. You have to give the defence everything.
MS. BLUEMAN:
I can’t —
THE COURT:
You will! That’s an order!
Q
My objection is on the record. Constable Peake, youtold us you went to Mr. Brown’s house in the early-morning hours.
A
Yes, I knocked on the door —
Q
Can you describe this house?
A
Well, it was pretty big. Three floors, I don’t know how many bedrooms. Posh area, the British Properties. I was met by Mr. Brown at the door and he led me in. I noticed his hands were smudged with what looked like lipstick, and his clothes, too. He was pretty angry. He said his girlfriend —
THE COURT:
It’s hearsay, Miss Blueman.
MS. BLUEMAN:
You can’t tell us what he said.
A
Well . . . that was it for a while. We just sat there in his living room and he carried on talking in an angry voice. She was sleeping. His girlfriend. Kimberley Martin.
Q
Did you do anything as a result of your conversation with Clarence Brown?
A
I phoned headquarters and instructed them to send an officer to
141
Palmer Avenue.
Q
Did you ultimately interview Ms. Martin?
A
I told Mr. Brown we should wake her up, or otherwise I was wasting my time. So he left and eventually he came back, and he led me upstairs to one of the bedrooms. Miss Martin, the complainant, was sitting up in bed in a nightgown with the sheets over her legs.
Q
Okay, you can’t tell us what she said to you, but did you make any observations about her person?
A
She showed me some bruises on her wrists and ankles — the skin was torn there, on her left ankle. She said she had bruises on her chest —
MR. CLEAVER:
Well, here we go.
THE COURT:
Miss Blueman, get your witness under control.
MS. BLUEMAN:
Just what you saw, officer.
A
Sorry. The thing is, normally we would have a female officer, but we’re usually short of officers on the overnight shift. And, well, after some discussion, she showed me her breasts.
MR. CLEAVER:
The complainant makes better disclosure than my learned friend. (Laughter.)
MS. BLUEMAN: THE COURT:
Mr. Cleaver, really, this is a
very
serious matter.
Q
Order. Excuse me. Order.
A
And what did you see?
Q
I saw a small area of discolouration on the inner, ah, surface of her left breast. Check that. . . . My notes have it as the right breast.
A
Then what did you do?
Q
I asked both of them if they would like to accompany me to the North Shore Hospital for a more thorough physical examination and some tests. We then proceeded to that hospital and I left her there while they called in the examining pathologist.
Q
And did you have anything further to do with this case?
A
No, I turned it over to the detectives.
Q
Please answer my learned friend’s questions.
CROSS-EXAMINATION BY MR. CLEAVER
Q
Constable Peake, as you examined Miss Martin, did you observe any of the usual physical indicia of rape — scratches, cuts, that sort of thing?
A
No, I did not.
Q
Any signs of what might have been lipstick on her lower body?
A
No.
Q
While Miss Martin was displaying herself to you, did you get close enough to smell her breath?
A
She smelled mostly of fresh soap. But I also detected a faint odour of alcohol from her breath.
Q
Soap. I don’t understand.
A
It appeared to me that she had bathed recently.
Q
Bathed?
A
Her hair was wet. There were damp towels in an ensuite bathroom.
Q
Constable, did you not find that unusual?
A
I didn’t find anything usual about this case.
Q
Did you seize the towels?
A
No. I took a tie. Also a