Monday, 22 September 2014

The Treatment of Helmut Bartholomew

Clementine Huddersfield
Twenty-nine (29) year old actor Helmut Bartholomew was the son of well known Australian television personalities Wilfred and Astrid Bartholomew.  He and actress Clementine Huddersfield (26) had been living together for six (6) years when Clementine Huddersfield called an end to that relationship and moved out of their Wellington Point home.

Wednesday 13 September 2006
At 5:00 pm on Wednesday 13 September 2006 Clementine Huddersfield visited their former home at Wellington Point and when she did so, she was brutally assaulted by Helmut Bartholomew.  Bartholomew pushed Ms Clementine Huddersfield to the ground and into a wall.  He punched her several times.  She could not defend herself and she begged him to stop, but he continued.

A week later Ms Huddersfield went to the police to make a complaint about Mr Bartholomew.  Her bruising from the assault was still apparent.

As a result of that complaint by Ms Huddersfield, Police charged Helmut Bartholomew with the following offences:

  • 2 x Common Assault;
  • 1 x Stalking / Intimidate with the Intent of Causing Physical / Mental Harm; and
  • 1 x Assault Occasioning Bodily Harm.


Brisbane Police alleged Mr Bartholomew assaulted Clementine Huddersfield on two (2) occasions in September 2006 and October 2006, as well as making several threats to her and her family.

Police also confirmed that they questioned the make-up artists of Ms Clementine Huddersfield in order to support evidence of bruising allegedly caused by Bartholomew at the time of the alleged assaults.

Police also alleged that Mr Bartholomew had previously been involved in a number of other earlier violent incidents.  The police refused to grant Mr Bartholomew bail.

After spending twenty-seven (27) hours in police custody, a Magistrate granted Mr Bartholomew bail until his court hearing in the Brisbane Magistrates Court on the following Thursday.  The bail conditions to which Mr Bartholomew was subject were reasonably strict, including:

  • He must comply with the Domestic Violence Protection Order in respect of him;
  • He must stay well away from Ms Huddersfield; and
  • He must avoid all contact with Ms Huddersfield.


Subsequently Mr Bartholomew engaged legal representatives to assist him and they negotiated significantly with the Crown on his behalf.  The ultimate arrangement upon which agreement was reached was that Mr Bartholomew would plead guilty to 1 x common assault, an offence which carries a maximum 12-month jail sentence.  The Crown would agree to drop the other charges.

Upon being sentenced for this event Mr Bartholomew received a sentence which was not thought to be controversial, with the possible exception of the conviction that was recorded against him.  Mr Bartholomew took issue with that aspect of the sentence and commenced an appeal to the District Court.

In 2007 District Court Judge Feargal Shankley heard an appeal against sentence by Helmut Bartholomew

At sentence and on appeal Mr Bartholomew did not deny the allegations made against him as to the assault upon Ms Clementine Huddersfield.

Psychiatrist Dr Derbyshire Hoffman had been treating Bartholomew for severe depression. The treatment was undertaken daily for some months prior to his appeal against his sentence. Dr Hoffman contended that Mr Bartholomew had been successfully treated and that Bartholomew had "achieved real rehabilitation".

At the appeal the evidence of Dr Hoffman was that when Mr Bartholomew struck Ms Clementine Huddersfield, the "severe depressive disorder from which Mr Bartholomew was suffering was full-blown".

In addition to hearing from Dr Hoffman, Judge Shankley heard a long list of entertainment personnel provide glowing references for Mr Bartholomew.  In essence they told the judge that Mr Bartholomew had the "utmost respect for women".

The judge found that Helmut Bartholomew was a "gentleman" who was unlikely to hit a woman again and the "significant" evidence of his psychiatrist supported quashing the conviction of Bartholomew for assaulting Clementine Huddersfield.  The Judge continued, "It is significant that Dr Hoffman believes that Mr Bartholomew is unlikely to repeat an offence of this nature".

In re-sentencing Mr Bartholomew, Judge Shankley said the appropriate sentence was an absolute discharge.  The behaviour of Mr Bartholomew did not even warrant a good behaviour bond in his view.

Genevieve Theile
Some time after his relationship with Ms Clementine Huddersfield ended Helmut Bartholomew commenced a relationship with another young actress.  This time it was with Ms Genevieve Theile.

2009 - Maroochydore Hotel Room
In 2009 Helmut Bartholomew again found himself in the media spotlight for the wrong reasons.  Mr Bartholomew agreed to pay $7,500.00 in compensation for damage to a Maroochydore hotel room booked in the name of Genevieve Theile. No police charges were laid and Mr Bartholomew denied being responsible for the damage.

March 2010
In March 2010, Helmut Bartholomew was ejected from a Spring Hill hotel after staff discovered $4,000.00 worth of damage to the room and bathroom during his three-week stay. Mr Bartholomew said the room was "fine" when he checked out.  There was no suggestion Ms Theile had any presence at that Spring Hill hotel.


Friday 13 August 2010 and Saturday 14 August 2010
On Friday 13 August 2010 and Saturday 14 August 2010 actress Genevieve Theile (29) and actor Helmut Bartholomew (33) were together as a couple in the Whitsunday Islands in North Queensland. During that stay Helmut Bartholomew perpetrated two unprovoked violent assaults upon Ms Genevieve Theile.  One of those assaults was in the lobby of a luxury resort hotel.

Mr Bartholomew was "escorted" home from the Whitsunday Islands by a televison network producer.

Subsequent to the allegations involving Ms Genevieve Theile, Mr Bartholomew was readmitted to a private rehabilitation clinic in Indooroopilly.

No criminal charges were laid over the allegations.

September 2010
Ms Genevieve Theile had significant fears for her personal safety, well being and security following the events involving Mr Bartholomew in the Whitsunday Islands.

In September 2010 Ms Genevieve Theile commenced legal proceedings in the Magistrates Court, Brisbane seeking a Domestic Violence Protection Order against Mr Helmut Bartholomew.  That application was based on a series of gravely serious incidents, including those unprovoked violent assaults in August 2010.

The Court found sufficient merit in the application of Ms Theile for a temporary Domestic Violence Protection Order to be granted in respect of Mr Helmut Bartholomew.


Monday 25 October 2010
On Monday 25 October 2010 Helmut Bartholomew appeared in the Brisbane Magistrates Court in respect of the application for a Domestic Violence Protection Order Ms Theile lodged in September 2010.

Mr Helmut Bartholomew agreed to a two (2) year Domestic Violence Protection Order in respect of his former girlfriend, Genevieve Theile, without making any admissions.  The Court made orders accordingly and in so doing told Helmut Bartholomew that he faced up to two (2) years in prison if he breached the order.

In essence that two (2) year Domestic Violence Protection Order:

  • Prohibited Helmut Bartholomew from approaching or contacting Genevieve Theile, unless it is through lawyers.
  • Required Helmut Bartholomew to refrain from destroying or deliberately damaging the property of Genevieve Theile.
  • Obliged Helmut Bartholomew not to:
  • Assault, molest, harass or threaten Genevieve Theile or her family; or
  • Enter buildings where Genevieve Theile may live or work.


December 2010
In December 2010 Helmut Bartholomew found himself once again the subject of some media attention. However this time it was attention with a difference: a radio announcer conducted a media campaign calling on people to punch Helmut Bartholomew in the mouth.

Apparently in response to that campaign Helmut Bartholomew was assaulted by a man in West End, Brisbane.  As a result of that assault Helmut Bartholomew received a broken nose and he needed stitches to his face.


Saturday 5 February 2011 and Sunday 6 February 2011
With those Domestic Violence Protection Order proceedings now happily in her past, Genevieve Theile thought she could move on with her life and she endeavoured to do so.  Imagine her surprise when nothing more than an approach in public from another young man caused Helmut Bartholomew to contact her by telephone over the weekend of Saturday 5 February 2011 and Sunday 6 February 2011 and breach that court order.

After learning of that approach to Genevieve Theile, Helmut Bartholomew apparently unravelled and went missing for several days from the private rehabilitation clinic in Indooroopilly where he was supposedly receiving treatment.  Around the same time as he went missing from that clinic, he contacted Genevieve Theile via her mobile telephone.

The Police were informed of this behaviour by Helmut Bartholomew and used reverse call surveillance to track all incoming activity on the telephone of Genevieve Theile.  Police discovered Helmut Bartholomew contacted Genevieve Theile nearly forty (40) times in one day.  In part that contact involved Helmut Bartholomew sending dozens of text messages to Genevieve Theile.

Tuesday 8 February 2011
At about 5:00 pm Tuesday 8 February 2011 Helmut Bartholomew was arrested in Fortitude Valley and charged with:

  • Breaching a Domestic Violence Protection Order; and
  • Using a carriage service to menace or harass.


After being charged with those offences in respect of his ex-girlfriend Genevieve Theile, Helmut Bartholomew was granted bail.

He was due to appear before the Brisbane Magistrates Court on Wednesday 2 March 2011.

Wednesday 9 February 2011
On Wednesday 9 February 2011 Helmut Bartholomew admitted himself to the River West Mental Health Clinic, a private rehabilitation clinic in Indooroopilly, Brisbane.


Wednesday 2 March 2011
On Wednesday 2 March 2011 Helmut Bartholomew was a voluntary resident of River West Mental Health Clinic in Indooroopilly.  A large media pack followed him from that clinic to the Brisbane Magistrates Court where he was due to appear for mention in respect of the charges of Tuesday 8 February 2011.

When those charges came before the Court the solicitor for Helmut Bartholomew told the court he planned to apply for the matter to be dealt with under the Mental Health Act.

The solicitor said further, “Helmut Bartholomew does not have any addictions, he has a psychiatric illness. After five (5) months (October 2010 - March 2011) in a mental facility being treated for a psychiatric illness, Mr Bartholomew was now living in fear at an undisclosed address.   This residential relocation came about after he was king hit by a man following a media campaign calling on people to punch Helmut Bartholomew in the mouth.”

In responding to those submissions on behalf of Mr Bartholomew the Magistrate said to the solicitor for Mr Bartholomew, “Clementine Huddersfield was living in fear of Mr Bartholomew as he launched his violent assaults upon her, but she did not have the luxury of relocating to an undisclosed address.  Genevieve Theile was similarly violated by Mr Bartholomew and she also did not have the luxury of relocating to an undisclosed address.  Your client showed no regard for these two women when he made them the victims of his disgraceful violence, yet because he has been the subject of some unwanted attention, he wants to be given special consideration, if not treatment.  Is your client undergoing any empathy training as part of his therapy or is he constraining himself to attempts at irony?”

The solicitor for Mr Bartholomew chose not to respond directly to that question from the bench.  Rather he said Wednesday 13 April 2011 was an appropriate day to adjourn the matter.  Accordingly the matter was adjourned until Wednesday 13 April 2011.

Wednesday 13 April 2011
On Wednesday 13 April 2011 the charges against Helmut Bartholomew of Tuesday 8 February 2011 were again before the Brisbane Magistrates Court for mention.

During that mention of the charges the solicitor for Helmut Bartholomew told the Court Mr Bartholomew was:

  • Suffering from a significant mental illness made up of a range of disorders, including:
  • Post-Traumatic Stress Disorder; and
  • Social Phobia;
  • Prone to panic attacks;
  • Manic depressive;
  • Obsessive compulsive; and
  • A voluntary patient at the River West Mental Health Clinic in Indooroopilly, where he has spent the past sixty-three (63) days. (Wednesday 9 February 2011 to Wednesday 13 April 2011).


The solicitor added Helmut Bartholomew was "involved in a regime of seriously mind-affecting drugs" as treatment and he was “currently on a massive drug dose”.

The solicitor for the Crown then told the Court that with the aforementioned treatment in mind, the Crown agreed to adjourn the charges against Mr Bartholomew for six (6) months to monitor the progress of that treatment.

The Presiding Magistrate allowed the application for the adjournment.  In so doing the Magistrate told Mr Bartholomew the charges would not be held against him, as long as he continues his treatment plan for at least the next six (6) months.

Mr Bartholomew did not respond to that address by the Magistrate.

The Magistrate then adjourned the matter until Wednesday 12 October 2011.

April Blessington
Subsequent to his being charged in respect of breaching the Domestic Violence Protection Order in relation to Genevieve Theile on Tuesday 8 February 2011, Helmut Bartholomew formed a relationship with another young actress, April Blessington.  When asked about the past of Mr Bartholomew, Ms Blessington said she was confident all those troubles are behind Mr Bartholomew and their relationship would be free of those difficulties.

Killer - Incompetent to Stand Trial

Wednesday 12 April 2006
42-year-old Augustus Fangore was a man with a long history of psychiatric problems.  He had been in and out of psychiatric hospitals for most of his adult life and there were not too many months of that adult life where he was not the subject of an Involuntary (Psychiatric) Treatment Order endeavouring to regulate his mental health.

On Wednesday 12 April 2006 Augustus Fangore was enjoying one of those rare moments in his life when he was not in hospital and not the subject of an Involuntary (Psychiatric) Treatment Order.  He was living in the small town of Gatton, situated between Brisbane and Toowoomba.  At about 9:30 a.m he entered the Gatton Post Office and encountered Gilbert Loosen, a Post Office staff member.  For no apparent reason and without any warning Augustus Fangore produced a knife and launched a frenzied attack upon Gilbert Loosen.  As part of that attack Augustus Fangore brutally stabbed Gilbert Loosen several times in the face, neck and body.  That stabbing proved to be fatal.

After the stabbing Augustus Fangore dropped the knife and then ran outside the Post Office and into the main Gatton shopping area.  Another post office worker followed Mr Fangore out of the door, screaming about what had occurred.  Several members of the public in the area saw Mr Fangore, but were not aware of what had happened.  However they soon figured out what happened and three men chased after Mr Fangore.  Subsequently those men apprehended Mr Fangore and held him for the police.

Police arrested and charged Mr Augustus Fangore with the murder of Mr Loosen.

As part of the prosecution process Augustus Fangore was the subject of a mental health assessment assessed by his own doctors and also doctors for the Crown.  He was deemed incompetent to stand trial because he could not assist in his defence and did not understand the charges against him.  He was also found to be of unsound mind at the time of the offence involving Mr Loosen.

He was then an inpatient at one of the State Mental Hospitals and the subject of an Involuntary (Psychiatric) Treatment Order for at least the next three (3) years.

Thursday 12 May 2011 - Day Release For Augustus Fangore
The hospital in which Augustus Fangore was staying as a secure patient had a system as part of its treatment program that allowed the patients to graduate from supervised walks within the grounds to unescorted visits to public locations. However all patients who wished to participate in that leave system were required to undergo a clinical assessment before they were permitted to leave the hospital.  That clinical assessment became part of the greater leave assessment process, which process involved consideration of factors regarding both the patient and the community.

Such was the progress Augustus Fangore was felt to be making by his treating doctors, that after four (4) years as a secure patient he was considered a sufficiently low security risk to be allowed out on day leave.  However that leave approval extended only to escorted leave.  Accordingly he was supposed to have a minder with him at all times he was away from the hospital.

“The Best Laid Schemes of Mice and Men,  Go Oft Awry”
With that day release exercise under way, Augustus Fangore found himself at City Hall listening to a musical performance by visiting classical music group.  When the performance had concluded and the time came for he and his minder to leave City Hall and make their way back to the motor vehicle for the return journey to the hospital, Augustus Fangore managed to lose his minder in the surrounding crowd.  Having done so, he went sight-seeing of sorts around the city.

Amongst other places that unplanned and unapproved sightseeing tour of the city took Augustus Fangore to the Regency Place Hotel at Spring Hill, a hotel he had never previously attended.  For the most part it was not a controversial detour from the agenda prepared for the day. However that situation changed when Augustus Fangore noticed that Helmut Bartholomew and April Blessington were also present at the Regency Palace Hotel at Spring Hill.  Neither of those two actors were previously known to Mr Fangore, but thanks largely to the behaviour of Mr Bartholomew, he managed to bring both himself and Ms Blessington to
the attention of the day-tripping Augustus Fangore.

As he had done on a previous occasion Helmut Bartholomew apparently thought it was appropriate to assault his young female companion in the foyer of a hotel.  On this occasion that companion was April Blessington.  Perhaps not surprisingly Augustus Fangore noticed that altercation and took objection to it.  Such was the extent of his objection he decided to approach Helmut Bartholomew and launch an assault of his own upon Helmut Bartholomew.

April Blessington seized the opportunity the intervention of Augustus created and fled the scene.  She immediately went to the police and made a complaint about what had occurred.

In the meantime Augustus Fangore continued his assault upon Helmut Bartholomew, who was quickly overpowered.  The attack was frenzied, fierce and brutal. Helmut Bartholomew did not stand a chance.  He succumbed to Augustus Fangore without resistance and the end came quickly for him.

As Helmut Bartholomew lay motionless on the floor in a large pool of his own blood, Augustus Fangore seemed to take a few moments to compose himself.  In the circumstances he returned to what appeared to be calm rather quickly. After a couple of minutes a very calm Augustus Fangore walked over to the reception counter at the hotel, picked up one of the telephones and used it to ring his doctor at the hospital.

He told the doctor “You had better come and get me.  I have gone too far again.”

The doctor then quickly made arrangements to have Augustus returned to secure custody in the hospital.

As Augustus completed his telephone conversation with his doctor the police arrived and Augustus surrendered to them without incident.  Those police seemed to be aware of the history of Augustus before they approached him, because the older one said to Augustus, “Come on now Augustus, you had better come with us and you had better put these handcuffs on before we put you in the paddy wagon”.

As the police were walking Augustus out to the police vehicle, the older police officer said to the younger police officer, “Augustus will be found Not guilty of the Helmut Bartholomew attack because the Court will rule that he was of unsound mind at the time of the offence.”

The three men then got into the police vehicle and returned Augustus to the hospital.

Wednesday 12 October 2011
On Wednesday 12 October 2011, upon learning of the news of Helmut Bartholomew, the Magistrate dismissed the charges against him.

Friday, 8 August 2014

Talking To Angels

Australian Securities Investment Commission
Richard Pembleton called his offsider, Craig Daintree, into his office and said to him, “Last week we received an anonymous tipoff suggesting there may be some significant embezzlement occurring at the Gladrags Corporation in Brisbane.  Provisional enquiries indicated there may be some substance to the allegation.  Accordingly an Australian Securities Investment Commission (ASIC) investigation file has been created.  Insofar as the substance of the matter is concerned, our target is Jackson Evergreen, a 53 year old director of the Gladrags Corporation.  Mr Evergreen is in a fairly privileged position in the Corporation.  He has all the perks of office as a director, together with access to the significant finances of the Corporation.  However apparently too much is not enough because Mr Evergreen has allegedly been systematically embezzling from the Corporation for the last four (4) years. I would like you to look after that file and I will see you from time to time to assist you in relation to it.”

“No problems” Daintree replied.  He then returned to his office to do his own reading of the file and familiarise himself with its contents.

Gladrags Corporation
Constantine Constantinople was oblivious to the embezzlement situation when he joined the Gladrags Corporation not long after he graduated from university with his accounting degree.  A thoroughly decent man and well proud of his Turkish heritage, Constantine got on well with the rest of the staff. They knew him as a happily married man, devoted to his wife and two young children, possessed of a pleasant disposition and always keen to lend a hand or help out. He enjoyed working in the accounts area and did what he was asked without question.

For reasons known only to Jackson Evergreen, Constantine Constantinople was to be the fall guy for the embezzlement Evergreen was perpetrating.  These acts of dishonesty by Mr Evergreen started about six (6) months after Constantine began with the Corporation.

Evergreen was not particularly disposed to draw attention to himself. However he seemed to have enough business connections and nous to stay a step or two ahead of the game.  One-day whilst having lunch with a business friend, that colleague mentioned something about having heard that ASIC had his Gladrags company in its sights. However he did not complete the conversation because his circumstances required him to be elsewhere. Nevertheless Jackson Evergreen told himself that he would need to take particular care to ensure that his extra-corporate endeavours were not traceable to him.  When he returned to his office he set about reviewing his financial affairs so that it looked like Constantinople was doing the embezzling. His plan was that by the time ASIC finished their investigation, Evergreen would be out of the country enjoying the delights of his ill-gotten gains.

Jason Haldis
Evergreen also knew that Jason Haldis was a man with an impeccable record for delivering packages and doing what was necessary to get the job done. The Evergreen plan was to put Constantinople in the frame, have Jason deliver him a package and there be nothing of substance for the ASIC investigation to be traceable to Evergreen.  Evergreen pondered his plan for some time and then telephoned Jason.  Jason said he wanted to meet in person to discuss the details of the Evergreen proposal.

Evergreen told Jason that Constantinople had been stealing from him, doing it in such a way that made it look like Evergreen was the culprit and with the impending investigation from ASIC soon to commence, he thought his only option was to "have a package delivered to Constantinople".

Jason thought there was something not quite right with the Evergreen proposal, but he could not immediately identify what it was he found to be upsetting. He agreed to accept the engagement, but said it would take him a little time to plan the delivery before it could be carried out. Jason then gave Jackson Evergreen some clear instructions about how he might be contacted. Evergreen did not question those instructions. Jason also said if he found that Evergreen was lying to him, it would be a decision Evergreen would definitely regret.

Hermione McEwen
Jason then left the meeting with Evergreen and ruminated upon his latest engagement. He decided to contact his friend Hermione McEwen. Hermione was a woman with an impressive reputation for being able to infiltrate an organisation and obtain important information without being detected. Jason and Hermione discussed the Gladrags Corporation situation and settled upon a way to justify her being added to the Gladrags Corporation accounting staff, without her addition being seen to be controversial in any way.

After she had been at the Gladrags Corporation about three (3) days, a staff member told her that there was a courier at the front counter with a delivery for her and she needed to sign for the delivery. Hermione attended the reception area and accepted the package. She immediately took the package with her to her office and opened it. The package appeared to be a compact disc containing music. The accompanying card said "Congratulations on your new job"

The card also included the following quote:
"... She keeps a lock of hair in her pocket,
She wears a cross around her neck.
The hair is from a little boy
And the cross is from someone she has not met, not yet ..."

Hermione immediately put the disc in her personal laptop computer and located the track "She Talks To Angels" by The Black Crowes. Once she located the track, she identified the album art that accompanied the track and copied that art to her personal flash drive. She then accessed some software she had on her personal laptop computer to look more closely at the artwork she had just been provided. As she suspected, encoded within that artwork were instructions on where to look for the missing money.

Hermione considered those instructions and realised that the defrauding of the accounts she was seeking to prove was complex, so there was merit in writing down her instructions. She made notes of those instructions on her personal laptop computer, so as to not have to go through that decryption process again.

Once she was satisfied that her “new job gift” had served its purpose, she systematically shredded the compact disc, the card and all its associated wrapping material. She then took that shredded material and put it in a plastic bag. During her lunch break she placed all of that shredded material in a variety of rubbish bins around the city, so that no one bin would contain all of the discarded material.

Upon returning from lunch Hermione set about looking for evidence of the embezzled money. The information contained in her “new job gift” proved very useful and before too long she was mapping the true Evergreen embezzlement path. Hermione was uninterrupted in her role at Gladrags Corporation and after two (2) more days, she had enough information to be able to present a nicely collated report to the investigating authorities from ASIC, when the time comes. Her departure from Gladrags Corporation was as seamless as her introduction.

Hermione and Jason
Hermione then visited Jason Haldis and showed him what she had found, in significant detail. There was no doubt that Jackson Evergreen had been embezzling money from  Gladrags Corporation and that he was trying to put the blame for his so doing on Constantine Constantinople.

Upon hearing this news, Jason was not happy with Jackson Evergreen, although ultimately he was not surprised by his behaviour. Jason recalled telling Evergreen that if he found that Evergreen was lying to him, it would be a decision Evergreen would definitely regret. Jason had every intention of keeping his word to Evergreen in that regard.

Hermione said to Jason that Constantinople would go through some grief whilst the ASIC investigation runs its course, but the material she collated will ultimately exonerate him. Jason agreed with her assessment. That was pretty much the end of the conversation between Hermione and Jason. Shortly thereafter Hermione left to return to her home.

The Next Move
Jason then spent some time pondering his next move. He now knew his retainer was in reality to kill Constantinople to facilitate him being blamed for the embezzlement from Gladrags Corporation perpetrated by Evergreen. Jason decided that if he possibly could, he would see to it that Evergreen meets his demise instead and the whole sorry, sordid tale would be laid out for all to see.

The next day Jackson Evergreen rang Jason Haldis to see how his “delivery” was going. Jason let Evergreen believe everything was going to plan.

“In fact I think we should meet so I can go over the details of my plan with you” Jason said to Evergreen.

“OK where do you want to meet?” Evergreen responded.

“Meet me in two (2) hours at the top of the Rummage Parking Facility in Fortitude Valley” Jason said.

“No problems” Evergreen replied and the conversation then ended.

As soon as that telephone conversation ended, Jason rang Hermione and told her to tell ASIC of the fraud they had discovered, so that the embezzled money could be frozen and ultimately retrieved for the Gladrags Corporation. Hermione new Jason well enough to know that something was going to happen quickly, so she rang her contact at ASIC soon as she got off the telephone from Jason. She told her contact what she had discovered and that they wanted the embezzled money to be frozen, so that it could be ultimately retrieved for the Gladrags Corporation. Her contact said to leave it with him and that he would get onto it immediately.

Rummage Parking Facility
Jason arrived at the top of the Rummage Parking Facility in Fortitude Valley a little ahead of schedule. At that time Jackson Evergreen was nowhere to be seen. Jason then positioned himself relatively out of sight, but so that he still had a good view of the top floor of the parking facility. Not long thereafter Evergreen arrived. He got out of his car and started to look around the top floor of the parking facility. When he got to about five (5) metres from his car Jason shot Evergreen in the left knee area. Evergreen immediately fell to the ground and was screaming in pain.

Jason then briskly walked towards Jackson Evergreen and as he got almost upon him he said to Evergreen, “I told you if I found out that you were lying to me, it would be a decision you would definitely regret. We both know you lied to me about the embezzlement and the involvement of Constantinople.”

Before Evergreen could react to what Jason said, Jason said further, “Your regret starts now!” He then shot Evergreen in the head, killing him instantly.

Jason then rang a friend at the Central City Hospital and said “I have a delivery for you. I will be there in fifteen (15) minutes”.

His friend replied, “No problems. I will be expecting you”.

Central City Hospital
Jason immediately picked up the now dead Jackson Evergreen and put him in the boot of Evergreen’s car. He then drove Evergreen’s car to the Central City Hospital.

Fifteen (15) minutes later Jason was greeted by his friend in the furnace room in the bowels of the Central City Hospital. Without delay the body of Jackson Evergreen was put into the furnace with a great deal of waste from the hospital that was being destroyed and like that hospital waste, it was never seen again.

Jason then rang another friend of his who arranged to “steal” the car of Jackson Evergreen and subsequently dump and burn it.

As Jason made his way to his home by taxi, he reflected upon Constantine Constantinople. His plan was that Constantinople would never find out that Jason did him a favour in relation to the embezzlement. Jason did not feel as though Constantinople ought be grateful to Jason for what Jason had done for him.

Sunday, 13 July 2014

Careless Whispers

Sunday
Sunday afternoon band practice happened as normal at the house of Arcadia Thiessen and Tabernacle Calderone in Melbourne. A short tour to Adelaide was planned for Tuesday, Wednesday and Thursday of that week and the band were putting finishing touches to the set list they proposed to play during that tour. Guitarist and band leader Tabernacle Calderone was making sure the other two band members did what he wanted. He was particularly harsh on the drummer, Stiles Parsons.

Whilst band practice was in progress Arcadia Thiessen was on the telephone to Daisy Farthing who was reminding her that on Tuesday night they were scheduled to go to the Art Gallery opening of their friend and gallery owner Germaine Greyling. Arcadia said she had organised a babysitter for the evening for her two children and was looking forward to catching up with Germaine and her.

As far as their children were concerned, this looked like a normal Sunday.  The children knew how to entertain themselves without interrupting the band or their mother.

During a break in practice Stiles Parsons talked to Arcadia. She told him once again Tabernacle Calderone was making her life very difficult. Stiles had always had a crush on Arcadia, but she never allowed anything to happen in respect of it. Many times during conversations with Stiles Arcadia had remarked about Tabernacle having affairs with other women. Arcadia always maintained that she had never had any affairs.

Band practice resumed and continued without incident for about another hour. Then Stiles and the bass player packed up their gear and went home.

Tuesday
Tuesday evening arrived and so did the babysitter to look after the two children while Arcadia went to the Art Gallery opening with Daisy Farthing and Germaine Greyling. Tabernacle Calderone and his band had already left for their tour to Adelaide.

Immediately upon arriving at the Art Gallery Arcadia saw Daisy and Germaine and walked over to them. The three women were chatting to each other for about ten (10) minutes when an artist Germaine knew, Wilbur Runkle, came over to them and said hello to Germaine. In turn Germaine introduced Wilbur Runkle to Arcadia and Daisy. It was obvious that he took an instant liking to Arcadia. As she talked and gestured from time to time during the conversation the wedding ring of Arcadia was unmistakable.

Germaine left Arcadia and Daisy to meet and mingle with other guests at the gallery. Wilbur Runkle also mingled with other gallery guests, but his attention was never really far away from Arcadia. Daisy and Arcadia wandered round the gallery together looking at the art and occasionally talking to other guests.

About an hour later Arcadia, Daisy and Germaine met up again and started talking amongst themselves. Wilbur Runkle walked over to them and joined in the conversation. He stood beside Arcadia and made his interest in her obvious. She did nothing to discourage his interest. Daisy and Germaine could see what was going on, so they talked to each other, rather than involve Arcadia and Wilbur. Wilbur was not wasting any time with Arcadia and he put his hand on her bottom as her spoke to her. Arcadia was very happy with the attention she was receiving and was not at all troubled by the fact that other guests at the gallery could see that Wilbur had his had on her bottom whilst he was talking to her.

Daisy and Germaine could hear most of the conversation between Arcadia and Wilbur, but they continued with their own conversation. During a brief silence in their conversation they heard Wilbur ask Arcadia to go home with him.

The response of Arcadia was immediate, “Just let me make a telephone call”.

With that she immediately took out her mobile telephone and rang the babysitter. Arcadia said, “Something has come up. Can you look after the children for the whole night? I know you have done it before and I am happy to pay you properly for so doing.”

The babysitter agreed and Arcadia said, “Thank you. I will be home in the morning to get the children off to school.”

Arcadia then ended the telephone call with the babysitter and put her mobile telephone back in her handbag. She then said to Wilbur Runkle, “Yes, I will go home with you”.

The response of Daisy and Germaine was as if nothing out of the ordinary had happened. Arcadia thanked them both for a lovely evening and said goodbye to them. Wilbur briefly removed his hand from the bottom of Arcadia to thank Germaine and Daisy for a lovely evening. Wilbur then said good evening to them both and returned his hand to the bottom of Arcadia as they walked out of the gallery together.

It was a short walk to Wilbur’s car and a short drive to his home. As soon as Wilbur shut the front door to his home the sexual encounter between Arcadia and Wilbur started in earnest. It lasted for about half an hour and saw them visit several rooms of his house. Ultimately they finished up in his bed where they slept the rest of the night.

Arcadia woke about 4:30 am to go to the toilet. She then got dressed and used her mobile telephone to order a taxi to take her home. By that stage Wilbur had awoken and he asked her what she was doing. She said she was going home as she had things to do there.

Wilbur said, “Can I have your telephone number?”

Arcadia replied, “I am not sure if I want to give it to you. For now I will leave you my underwear as a souvenir. I may come back later and get them from you.”

Arcadia then lifted up her dress, removed her underwear and dropped them on the end of the bed. She then picked up her purse and walked out the front door. As she did so the taxi she had ordered earlier arrived. She got in the taxi and it took her home.

Once Arcadia was home she had a shower and then started making preparations for her children to go to school that day.  She also made preparations for her to go to work.

When she was at work Arcadia spoke to both Daisy and Germaine on the telephone and thanked them again for an enjoyable evening. No mention was made of her going home with Wilbur Runkle.

Post-Adelaide Tour
When Tabernacle Calderone returned from the Adelaide tour he told Arcadia that Stiles Parsons was sacked from the band, that he would not be playing in the band any longer. No explanation was offered as to why that happened. Arcadia did not ask Tabernacle any questions about Stiles or the Adelaide tour.

Subsequently Stiles joined a new band as their drummer and he thought he was happy there. In conversation with Bonham Trudeaux, a friend of one of the members of the new band, Bonham revealed that he was having a sexual relationship with Arcadia Thiessen and that she was an extremely willing partner insofar as the sex was concerned. Whenever they get together they spent most of their time having sex. This shocked Stiles Parsons because Arcadia Thiessen always denied participating in any such behaviour and she always maintained how hurt she was when she found out her husband Tabernacle was cheating on her. She also knew Stiles Parsons was very attracted to her.

Bonham continued his story about his new girlfriend Arcadia. He said that he had photographs of her naked and performing oral sex on him. He then showed Stiles six (6) photographs he had on his mobile telephone. Stiles immediately recognised the woman in the photographs as Arcadia. The experience was making him feel sick, but he tried not to show any discomfort. He could see from at least two (2) of the four (4) photographs of Arcadia naked that they were taken at her home. He could also see in the two (2) photographs where Arcadia was performing oral sex that her wedding ring was clearly visible. By that stage Stiles had had enough and he made an excuse to leave. Bonham said good-bye to him and was none the wiser as to what Stiles really knew.

Sydney
Unbeknown to Stiles Parsons Arcadia Thiessen also had a boyfriend in Sydney, Garlick Duckworth, whom she would organise to see every time she went to Sydney for her work. Arcadia would use the flimsiest of excuses to justify going to Sydney for work and that would give her an opportunity to spend time with Garlick Duckworth.

On the latest trip to Sydney Arcadia met a man on the plane, Guinness Chesterfield. He was several years younger than her and possessed of significant self-confidence. They were seated in adjoining seats and Guinness Chesterfield  made it very clear in rather loud tones that he wanted to get Arcadia into bed. Whilst Arcadia Thiessen did nothing to encourage Guinness Chesterfield, she certainly did nothing to discourage his attention.

When they got off the plane Guinness Chesterfield followed her to her taxi and she agreed to go to his hotel with him. She said she preferred those arrangements because that enabled her to leave his company whenever she saw fit. When they got to his hotel Guinness Chesterfield checked in and they both went to his room. Sex commenced almost immediately and it continued for about twenty (20) minutes. When it finished Guinness Chesterfield asked Arcadia Thiessen for her telephone number, but she refused to give it to him.

She said, “You really were not all that good and I am not in a hurry to see you again. In other circumstances I might leave you my underwear as a souvenir, but the guy I am going to see will expect me to be wearing underwear when I arrive.”

With that she left and proceeded to her hotel.

Her Hotel
Arcadia checked into her hotel and proceeded to her room where she made herself reasonably comfortable.

About half an hour later she got a text message from Garlick Duckworth asking if she had arrived at her hotel. She replied she was in her hotel and he could attend there immediately.

Before Garlick Duckworth arrived at her hotel room Arcadia Thiessen rang her children said goodnight to them.

About fifteen (15) minutes after her text message to him Arcadia met Garlick in the lobby of the hotel and then they proceeded to her hotel room. Pretty much as soon as they entered the hotel room sexual activity between them commenced. After about half an hour they stopped their sexual encounter, got dressed and went downstairs to the restaurant where they had dinner. The dinner was paid for by the employer of Arcadia Thiessen. During dinner almost all of the conversation from Garlick Duckworth was about him, because he is really only interested in himself. Arcadia did not tell Garlick about her sexual encounter earlier that day with Guinness Chesterfield.

After dinner at the restaurant Arcadia and Garlick returned to her hotel room and recommenced their sexual encounter.

The second sexual encounter with Garlick Duckworth did not last all that long and then Arcadia had a shower and went to sleep. Garlick Duckworth spent the remainder of the night with her in her hotel room. When they awoke the next morning there was another brief sexual encounter. When it ended Arcadia had a shower and got dressed for work. She had a conference to attend in Sydney before returning to Melbourne.

Arcadia Thiessen had ordered room service for breakfast for them both. When breakfast was over she prepared to leave the hotel for the conference. Garlick said he was very keen to see her again. He saw her as an undeniably attractive woman who provided him with very easy sex, as well as free meals whenever she visited. He certainly was not in love with her.

Melbourne
Stiles Parsons was extremely hurt by the revelations made to him about Arcadia. He was tired of being no more than a convenience for her. He knew Arcadia was away from Melbourne on business, so he took the opportunity to send a bunch of flowers to her home whilst she was away. The card attached to the flowers was deliberately ambiguous.

It read, “Thanks for a fantastic time. You really are amazing. I hope we can get together again the next time you are in town.”

Stiles knew the movements of Arcadia well enough to time the delivery of the flowers so that Tabernacle Calderone would see them well before she did.

The Stiles Parsons plan unfolded just as he desired. Tabernacle Calderone saw the flowers and the attached card well before Arcadia arrived home from her Sydney business trip. Tabernacle assumed Arcadia had been having an affair with another man, something he had suspected for quite some time. He photographed the flowers and the card. He kept the card and put it in his guitar case.

Tabernacle then made immediate arrangements to see a solicitor and get advice about separating from and divorcing Arcadia. The solicitor and Tabernacle agreed not to say anything about the divorce to Arcadia or anyone else until all preparations had been completed, which was expected to take about two (2) weeks. On the way home from the solicitors Tabernacle put the flowers in an industrial rubbish bin.

When Arcadia Thiessen arrived home Tabernacle acted as if nothing untoward had happened.

Wednesday, 9 July 2014

Appetite For Destruction

As he prepared himself for his latest conference, Daniel Soames looked at his clock and realised the conference was due to commence in about ten (10) minutes. He thought conferences between the Accused and his legal representatives shortly before the trial have an amazing ability to concentrate the minds of all concerned on the relevant issues.

Within moments of that thought concluding, Stuart Hemlock arrived with the Accused, Brogan Affleck, for their scheduled conference. Daniel said to them both, “Come in, let us get started.”

After the initial and very brief introductions, Daniel got straight down to business.

Daniel said to Mr Affleck, “I will tell you the case as I understand it and then I will tell you my response to that case. After I have finished, you can ask me any questions you may have about my understanding and my proposed approach. Is that acceptable to you?”
Brogan Affleck answered  “Yes.”

The Offence
Daniel continued “The Crown case is that the relevant occasion was a Friday night and The Complainant, Hamish Doyle, went to the Zulu Bar at the Hacienda Hotel, a venue well-known to be frequented by homosexual men. Mr Affleck, you went to The Gallery upstairs at the Hacienda Hotel to see The Hoodoo Gurus play.

“At the conclusion of The Hoodoo Gurus concert you and two mates left the venue and were milling around outside with many of the other patrons from The Hoodoo Gurus concert. The Complainant and his friends had been discussing whether they would leave the Zulu Bar and go to The Beat, another nightclub not far away.

“Once The Complainant and his friends were on the footpath outside the Zulu Bar, the Complainant was attacked and violently assaulted. It was an unprovoked attack and it occurred in circumstances where he was effectively unable to defend himself. There were a lot of people around, but it happened so fast, no one was able to conclusively say what happened and in what order. You were present, but no one was able to conclusively say precisely what you did. You were certainly a strong suspect as the perpetrator of the attack.

“The injuries to The Complainant were serious, he received a punctured lung. However, medical intervention resulted in him being able to completely recover from the physical aspects of the injury.

“Whatever closed-circuit television cameras were available at the scene, they were not sufficient to conclusively show that you were the offender. Accordingly, the investigating police knew identification was definitely going to be an issue. Police subsequently arrested you and whilst you made no confession, nevertheless you were charged with doing grievous bodily harm to the Complainant.

“The legal representatives you engaged at the committal hearing were not Stuart and I; it was another firm of solicitors and another barrister. After the committal hearing you changed legal representation and consulted the firm that employs Stuart. In turn Stuart briefed me to appear for you at your trial.”

Advice On Prospects
“The identification evidence is pretty thin and there is little other evidence of any significance against you. In the circumstances you have a reasonable chance of being found not guilty of the offence. However, there is evidence upon which the jury can convict and if they find you guilty on that evidence, it will be difficult to argue that the verdict was unsafe and unsatisfactory. So there are good reasons for the Crown to proceed with the prosecution. There are also reasonable grounds for you to want to pursue a trial.”

“Is that a fair summary of the situation in which you find yourself?” Daniel asked Brogan Affleck.
“Yes it is”,  Brogan Affleck replied.
“Do you continue to deny your involvement in the offence?” Daniel asked.
“Yes I do”, responded Brogan Affleck.
“So I take it that you still want to go to trial, that you are not interested in pleading guilty to the offence?”
“That is correct” Brogan Affleck replied.
“Well then, Stuart can take those written instructions from you, as he is so good at doing. We can then wrap this up. I will see you both back here the morning of trial.”

The Trial
During the second day of the trial, in the absence of the jury, the Trial Judge spoke to the Crown Prosecutor and to Daniel.

"Earlier in my career, when I was at the bar, I argued a matter in the Court of Appeal for the Crown. It was similar in many respects to this matter. The appeal by the Accused was allowed on that occasion and the Appeal Judges said to the Court that the particular location in Fortitude Valley where the alleged offence occurred was notorious for violence. It is the same location that is the subject of this trial.” The Judge continued, “It could not be conclusively ruled out that at the same time as an assault was occurring on one corner, another assault was occurring on another corner of that block. That being the case, the Crown could not conclusively prove the identification of the Accused and we shall find him not guilty of the offence with which he has been charged."

The Trial Judge then said to both barristers that the not guilty verdict option was realistically open to the jury to find in this case and he would be leaving that aspect of the defence case to the jury for them to so find; unless the evidence against the Accused improved for the Crown in respect of identification.

At the end of the second day of the trial Brogan Affleck went on his way, leaving Daniel and Stuart to talk amongst themselves. Seizing the opportunity presented by the absence of Mr Affleck, Stuart asked Daniel how he thought the trial was going, to which Daniel replied:

"I think there is a very real chance Mr Affleck will be acquitted. The identification evidence is fairly thin and the aspect of the case the Judge raised earlier in relation to the identification was absolutely possible as an option for the Jury."

Stuart seemed to be both surprised and happy to hear that assessment from Daniel.

At the same time The Complainant Hamish Doyle, his brother Garrick and their sister Elise had a conference with the Crown Prosecutor. Garrick asked the Crown Prosecutor how he thought the trial was going.

The Crown Prosecutor said, “This is not the strongest case I have prosecuted, but I remain confident that the jury will find the Accused guilty when the time comes.”

Garrick then said to the Crown Prosecutor, “I got the impression from the Judge that there is a reasonable chance the Accused will be acquitted, particularly in light of what the Judge said about the identification evidence. What do you say about that?”

“It is certainly open to the jury to take that view of the case” the Crown Prosecutor replied.  “In any event, we are not going to change that situation by talking about those kinds of possibilities now. Unless you have any other questions, I propose to return to my office.”

Hamish, Garrick and Elise Doyle all said they had no further questions and they would see the Prosecutor tomorrow.

With that they all parted company and went their separate ways.

Calling In a Favour
Privately Garrick was a long way from happy with the prospect of the Accused being found not guilty of the assault upon his brother Hamish. As he drove home from court Garrick could not stop thinking about how unfair it would be for the Accused to get away with that assault. He decided to take a slight detour on that journey home via a pub at which he attended semi-regularly. When he arrived at the pub, he proceeded directly to the public bar and noticed his mate Davo sitting alone at a table. There were not many other people drinking in that bar at the time and no one was sitting particularly close to Davo. Garrick ordered an orange juice, collected his drink and walked over to sit at the table with Davo.

After an initial exchange of greetings Garrick said to Davo, in a soft but stern voice, “I want to call in the favour you owe me.”
Davo replied, “Do you really want to have that conversation here, now?”
“Well I have not really got much choice.  Time seems to be a pretty significant factor.”
Davo said, “All right, but not here. Meet me in the car park, near my car, in five minutes.”
“Okay, I will finish my drink and meet you in the car park in five minutes.”

Davo finished the small amount left in his glass and walked out of the public bar to his car in the car park. Garrick took a little longer to finish his drink and then he too left the public bar, but by a different exit to the one Davo used.

Once they were both in the car park standing next to Davo’s car, Davo said to Garrick, “Do you know what you are asking?”
 “Yes” replied Garrick.
“Are you sure you want to do this? Davo asked.
“Yes” said Garrick “I want the guy who assaulted my brother taken out; and I want you to contact the guy you know to take care of it.”

After a short pause Davo said to Garrick, “Once you engage this guy, there is no turning back. You understand that, don’t you?”
“Yes, I understand” said Garrick.
“Do you also understand that you must do everything he tells you or there will be serious trouble for you?” Davo added.
“Yes I understand” Garrick said again.
“OK, you stay here, while I go and telephone him” Davo said to Garrick.
“No problems” Garrick replied.

Davo walked around the car park of the pub to where there was apparently no one around and no one within earshot of his conversation.

About five minutes later Davo returned to his motor vehicle and resumed his conversation with Garrick. “Listen carefully” Davo said, “I do not want to have to repeat any of this.” Garrick nodded his head in agreement.

“You will go immediately to the Astor Hotel on Wickham Terrace in the city. You will book into a room under the name William Maynard. Pay cash, do not use a cheque or credit or any type of card to satisfy the bill. Proceed to the hotel room, put the details of the mark in a yellow A4 sized envelope, along with the fee, which will also be in cash, and leave that sealed envelope on the bed in that hotel room. Do not leave anything else in the hotel room and do not disturb anything within the room. Leave the hotel room, return the room key to reception and do not tell reception that you are checking out. Just let them think you are leaving the key with them for safety reasons, whilst you go elsewhere and do your business. You will have done all of these things by 8:30 pm tonight. Do not return to that hotel. If you follow those instructions, there should be no problems. You will know when the job is done. Is that all clear?”

“Yes that is clear” Garrick said.
“All right, I am going to go now. You might want to wait a few minutes before you leave and it is probably prudent for you to leave via a different exit to me” Davo said to Garrick.
“No problems” he replied.

With that Davo drove out of the pub car park and out of sight. Garrick walked to his car, sat in it for a little while, then drove out of the car park by a different exit to the one Davo used and proceeded home.

Garrick headed straight to his bedroom and the safe in one of his built-in cupboards. He opened the safe and took out a yellow A4 sized envelope containing a significant amount of cash. He also took out a folder containing the details of the accused, Brogan Affleck, including photographs of him, and placed all of that material in the yellow A4 sized envelope along with the cash. He sealed the envelope, placed it in a backpack and returned to his motor vehicle with the backpack. He was familiar with the location of the Astor Hotel, so that presented no problems for him. He drove to the nearby railway station where he caught a train to the city and then a taxi passing by to the Astor Hotel.

Once at the Astor Hotel, he did precisely as Davo had instructed him. After he had checked in as William Maynard, he took himself and his backpack to the room. The bed was located against the far wall in the hotel room and he left the yellow A4 sized envelope containing the details of the mark, the accused, Brogan Affleck, and the cash on the bed, disturbing nothing else in the process. He left the hotel room, taking his backpack with him and returned to reception.

At reception he asked the male attendant, “Could I leave the room key with reception, as I am going out for a while and I do not want to risk losing it?”
“No problems sir” the male reception attendant replied.

Garrick then left the Astor Hotel with his backpack, walked to the City and caught a train to the station where he parked his car. Then he drove home.

Trial - Day Three (3)
The next day Daniel and Stuart met at his Chambers shortly before Court was scheduled to start. They had arranged to have a conference with Brogan Affleck prior to the trial recommencing. However Brogan did not attend the conference. Daniel said that it had got to the stage where it was too late to wait for Mr Affleck and they would need to go to Court immediately. Stuart agreed and went with him. Once they got to Court they did not see Mr Affleck.  The time arrived for the trial to start, so they entered the Court.

Before proceedings recommenced Daniel told the Judge that he did not have the Accused with him and he could not explain why the Accused was not present at Court as required.

The Crown Prosecutor told the Court that he had just received news that the Accused had died overnight. That news was so recent, it had only just been passed on to him by the police. In fact there had not even been time to tell Daniel about that news.

At the end of the proceedings Daniel and Stuart left Court and walked to the Chambers of Daniel, discussing the case. After a brief stop at Chambers, they then decided to go and have morning tea.

Daniel thanked Stuart for the brief and said that he looked forward to working with him again. With their morning tea finished, they went their respective ways.

Friday, 9 May 2014

You Made Your Bed, Lie In It

Friday 4 March 2011
Late Friday afternoon Toussaint Wilberforce, Solicitor, telephoned Daniel Soames, Barrister, “Soames, Do you want to go to Court on Monday?  Something has come in that might interest you.  It is the Brisbane Magistrates Court and the Accused, Mr Trent Calvin, is a convicted sex offender who failed to report a change of address to police.  He looks like he is a real risk of going to jail.  This is not the first time he has perpetrated.  He has twice been before the Court for this offence and has been given a significant fine on each occasion.”

“Well Mr Wilberforce I am both interested and available.”

“I should tell you this is a Legal Aid matter, so we will be doing this for little more than the love of it.”

“No problems.  Have you got any material you can send me?”
“Just the QP9 police summary document.”
“That will be fine.  I will use it to prepare a draft statement for our challenging little treasure., Mr Calvin”
“I will fax it to you shortly.”

“I will see you in my Chambers at 8:30 am Monday with Mr Calvin.”

Within twenty (20) minutes of the telephone call ending the facsimile from Toussaint Wilberforce arrived.  Daniel read it immediately and then set about preparing a draft statement he could provide to Mr Calvin on Monday morning.

It took Daniel just over an hour to read the material and finalise his draft statement, but it was an hour well spent he thought.  He went home satisfied that he was as familiar as he could be the case of Mr Calvin and similarly he was prepared as he could be for Monday morning.

Monday 7 March 2011
8:30 am Monday 7 March 2011 arrived and so did Toussaint Wilberforce at the Chambers of Daniel Soames.  However he was without the accused, Mr Trent Calvin.

“I am without a dance partner Soames”, he said.

“Wilberforce, today is not a day for dancing with yourself.  Billy Idol is for another day.”

“Yes Soames, Billy Idol will have to wait. Perhaps we should proceed to court and see if Mr Calvin turns up there.”

“Good idea. I have got all the material I need, so we can leave immediately.”

Daniel and Toussaint then walked to the Brisbane Magistrates Court, talking about the case along the way. It was generally agreed that without a good explanation, Mr Calvin was definitely at risk of going to jail for what appeared to be persistent offending, with little or no regard to the law.

Once they arrived at the Magistrates Court, Daniel said to Toussaint, “ I will go and see the prosecutor to tell him that we are here and to try to get a copy of the criminal history of our client.”

Toussaint replied, “ I will have a look round the area outside the courtrooms to see if Mr Calvin has arrived.”

Daniel and Toussaint met up again about five (5) minutes later.  “I have a copy of the criminal history of our client”, Daniel said to Toussaint.

“Well that is some good news, I still have no client” Toussaint replied.

“Good news may be a premature assessment of the situation, Toussaint. Reading this criminal history has provided me with anything but good news.”  Daniel said.

“Him being charged with breaching bail is only going to make matters worse and will almost guarantee a jail sentence for our client.”  Toussaint suggested.

“Quite so, Mr Wilberforce.  Perhaps we should try to keep a low profile until absolutely necessary, to try to save our client from aggravating his situation.

“Soames,  I will try to telephone our client and see if there is any reason for this delay.”

“Soames, apparently our client has had some trouble getting to court this morning and is running late. Interestingly my records indicate that he lives at Spring Hill and he could have walked here by now, but he has not managed to do so. It looks like we may be in for a truckload of good explanations this morning.”

“Yes Wilberforce and I wonder how many of them we will be able to provide to the court without making the situation worse for our client.  Whilst we wait for Mr Calvin, you might care to amuse and entertain yourself by reading his criminal history that the police have provided to me.”

“I doubt the court will be amused or entertained when it realises that our client committed this offence whilst on bail for the offences for which he was sentenced on Wednesday, 22 September 2010.  They are essentially the same offences as this one. I am glad you are advocating for this man and not me. I am struggling to find much good to say about him,” Wilberforce said to Soames.

At just after 10:10 am Toussaint said to Daniel, “It seems my dance partner has arrived and only an hour and a half late.”

Soames replied, “Tempted as I am to see a little Double Dutch, it will have to wait.  Let us all go to an interview room and have a chat about this case.”

With that the three men adjourned to an interview room at the Court and after brief introductions, Daniel Soames said to Trent Calvin, “Mr Calvin you are presently charged with the following offence in breach of s.50(1) of the Child Protection (Offender Reporting) Act 2004:
That on Friday 8 October 2010 at Morningside in the Central Division of the Brisbane Magistrates Court District in the State of Queensland, you, without reasonable excuse, failed to comply with your reporting obligation pursuant to the Child Protection (Offender Reporting) Act 2004, namely by not reporting a change of address.

“Your criminal history suggests you are familiar with that offence.  The Crown Case in respect of that offence is as follows:

Wednesday 5 July 2006
“On Wednesday 5 July 2006 you became a registered offender under the Child Protection (Offender Reporting) Act.

“At the time of your registration you were made aware of your obligation to report changes to your personal details, including any changes to your residential address. The time frame for this change is Fourteen (14) days from the date you left the address, plus an additional Fourteen (14) days to have a change recorded. This equates to twenty-eight (28) days in total.

Tuesday 27 February 2007
“On Tuesday 27 February 2007 you appeared in the District Court Brisbane to be re-sentenced for the original offences, as your personal circumstances changed since you were originally sentenced and you were no longer in a position to fulfil your obligations as part of that sentence.  Accordingly the court sentenced you to Probation for a period of 2 Years 4 Months, with a special condition that you receive Psychiatric Counselling.

Tuesday 1 September 2009
“On Tuesday, 1 September 2009 you Failed to Report in accordance with your obligations under the aforementioned legislation and were charged with an offence for failing to so do.

Tuesday 19 January 2010
“On Tuesday, 19 January 2010 you were charged with four (4) further offences of Failing to Report for similar reporting failures on your part.

Wednesday 12 May 2010
“On Wednesday, 12 May 2010 you appeared in the Magistrates Court Brisbane for the aforementioned offences of Tuesday 1 September 2009 & Tuesday 19 January 2010.  On the application the court imposed upon you a sentence of a $1,500.00 fine.

Tuesday 8 June 2010
“Almost 4 weeks after that court appearance of Wednesday, 12 May 2010 you again offended against the legislation that caused you to be sentenced on that occasion and for which you are in court today, namely you provided the police with False Information as to your personal circumstances.  Once again you were charged with an offence for so doing.  Having charged you with that offence, the police granted you bail and allowed you to return to the community.

Wednesday 23 June 2010
“Not content with your Tuesday, 8 June 2010 re-offending and apparently not chastened by your court appearances, including the most recent court appearance of Wednesday, 12 May 2010, and your bail obligations from Tuesday 8 June 2010, you again failed to report a relevant change to your personal circumstances to the police.  Upon being apprised of that situation, the police charged you with another offence. The police again released you on bail on your own undertaking, with no special or reporting conditions.

Friday 30 July 2010
“Given your recent behaviour, you were almost out of character when on Friday 30 July 2010 you provided the following as your residential address to the police:
Unit 1, Mount Gravatt Check Mate Motel, 1750 Logan Road, Mount Gravatt.
“That address was recorded by the police on their relevant computer.

Thursday 9 September 2010
“On Thursday 9 September 2010 you left the Mount Gravatt Motel address.  At that time you were on bail for the offences which were allegedly committed on Tuesday 8 June 2010 and Wednesday 23 June 2010.  You were due to be sentenced for those offences on Wednesday, 22 September 2010.

“Despite all of the incentives in your life to do so, you failed to immediately report your leaving that motel address to the police.

Wednesday 22 September 2010
“On Wednesday, 22 September 2010 you appeared in the Magistrates Court Brisbane in relation to the offences of Tuesday 8 June 2010 & Wednesday 23 June 2010.  On that occasion the court sentenced you by imposing upon you are fine of $900.00.

“As you stood in court on that occasion being sentenced for similar offences to those that bring you before the court today, apparently it did not occur to you to report your change of residential address to the police.  The fact that you had twice received court imposed criminal sanctions for your failure to report the relevant changes to your personal circumstances and were looking down the barrel of a third such prosecution, suggests that your behaviour is more in line with disregard and defiance, rather than any oversight on your part. Any court sentencing you for the third time behaviour is unlikely to have anything resembling a sympathetic approach to you.

Thursday 7 October 2010
“You had until Thursday 7 October 2010 to notify the police of the change to your address, that being the last of the aforementioned 28 days time frame. However you did not advise police of your change of address within the required time frame and have subsequently failed to comply with your reporting obligations.

Wednesday 13 October 2010
“On Wednesday 13 October 2010 police received information that you were residing at an address in Greenslopes.

Tuesday 26 October 2010
“On Tuesday 26 October 2010 enquiries with the manager of the Mount Gravatt Motel, Ms Trixie-Belle Gandofini, identified that on Thursday 9 September 2010 you left the Mount Gravatt Motel address.  No forwarding address was given.

Thursday 11 November 2010
“On Thursday 11 November 2010 you attended Morningside Police Station, as a result of prior arrangement.

“You were warned and then formally interviewed in relation to your failure to comply with your reporting obligations by not notifying police of your change of address. That interview was electronically recorded.

“During that formal interview you:

  • Acknowledged that you had failed to comply with your obligations by not notifying police of your change of address within fourteen (14) days;
  • Indicated that you had a lot going on in your life at the time and did not actually have an address to go to at the time;
  • Thought that your situation may change in the fourteen (14) days you had to notify your change of address, but it did not.
  • Did not have a permanent address until early November 2010.
  • Acknowledged that you should have contacted police and explained your situation, but you did not.


Notice To Appear
“You were issued with a Notice to Appear for the Brisbane Magistrates Court on Wednesday 15 December 2010.

Wednesday 15 December 2010
“On Wednesday 15 December 2010 the charge that is before the court today was mentioned for the first time in the Magistrates Court, Brisbane.

Monday 7 March 2011
“You had no contact with your current legal representatives until Monday, 7 March 2011 when you saw us at the Magistrates Court, Brisbane and we appeared for you on a mention of this matter.

Monday 30 March 2011
“Despite your assurances that you would do so, you had no contact with your legal representatives between Monday 7 March 2011 and the subsequent mention in the Magistrates Court Brisbane on Monday 30 March 2011. The claims you made on that earlier occasion that you had considerable material you wish to put before the court to explain your situation have proven to be empty claims, because none of that material has been forthcoming from you.

“You have provided us with no instructions or material with which we might minimise or explain away your involvement in this most recent offence. Nor have you provided us with anything with which we might usefully counter the allegations of the Crown that your recalcitrance speaks of a disregard of and thumbing your nose at the law on your part, rather than perhaps it being an episode of another unfortunate oversight on your part or even evidence of your inherent stupidity.

“I expect the Magistrate will be able to find a plausible retort to everything I might submit to him as to why you ought not going to jail for this offence.  Were he to conclude that jail is the only appropriate sentence for you, so long as it is a reasonable jail sentence, it would not be found by the Court of Appeal to be manifestly excessive. The end result of all that is, thanks to your own behaviour, you are now very seriously looking at a jail sentence and one that means you might spend up to 6 months in actual custody.

“Welcome to the real world Mr Calvin.”

“So Mr Calvin, is there anything sensible you can tell us, that I can in turn tell the Magistrate, as to why you ought not be sent to prison for this most recent offending behaviour on your part?  Mr Wilberforce will take notes of what you tell us, so our instructions are accurate.”

“Just as I thought. Your silence is deafening Mr Calvin.  It is very difficult to help someone, will not help themselves.  All that remains now is for Mr Wilberforce to take your formal plea of guilty instructions, which I see he has prepared in anticipation of this eventuality today.  Once that document is signed, we can proceed to court and await your matter to be called on. In the meantime you might endeavour to think of something worthwhile that might be said about you to the Magistrate. You can provide that information to Mr Wilberforce and he will in turn provide it to me.”

Court
With the instructions signed, the three men proceeded to the back of the magistrates court and waited for the prosecutor to call their matter.  Less than 15 minutes passed before it was time to deal with the matter of Mr Calvin.  The prosecutor read the facts to the court in a very evenhanded way. Nevertheless the magistrate was taking particular note of the chronology and how all of the events related to each other.  Daniel opined to himself, any magistrate taking this much time the over the chronology of events cannot possibly bode well for the accused being sentenced.  From time to time the Magistrate even seemed to be suggesting that the matter now before the court was more serious than the prosecutor was submitting.  If there was any doubt in my mind before the prosecutor started his submissions, Daniel thought, there is no doubt in my mind now he has finished, keeping Mr Calvin out of prison will be a monumentally difficult exercise.

Daniel thought he might have been able to start his submissions before the Magistrate shared his thoughts on the matter, but this magistrate was having none of that approach.  The Magistrate ran through the chronology very deliberately and at each turn indicated the level of criminality perpetrated by Mr Calvin.  It was abundantly clear that the Magistrate fully understood all of the facts and he was not about to let Mr Calvin escape without what he considered to be appropriate punishment.

“Have I misunderstood any of the facts Mr Soames?”
“No, Your Honour.”
“Is the view I have taken of the facts not open to that interpretation, Mr Soames?”
“No, Your Honour.”
“Is there any evidence you can put before me that might convince me to take a more lenient view of this matter, Mr Soames?”
“No, Your Honour.”
“Then I propose to reward your client for the hard work he has undertaken. Thank you Mr. Soames.”

Daniel knew the time for him to make submissions was over the and it was time for him to sit down.

Sentence
Just as it had been during the exchange between Daniel and the Magistrate, the Court room was deathly silent.  Absolutely no one else was speaking, not even in a whisper.

The Magistrate then addressed Trent Calvin.

“On Wednesday 22 September 2010 as you stood in Court being sentenced for similar offences to the one before the Court today and were ultimately fined $900.00 for those offences, that was not sufficient motivation to notify police of your change of address from the Mount Gravatt Motel.”

“You have continually thumbed your nose at the law.  In the circumstances the only appropriate sentence is one of imprisonment and it will be imprisonment of the actual variety.  The maximum jail sentence for this offence is six (6) months.  You will be sentenced to six (6) weeks jail.  I decline to make a recommendation for early release on parole.”

“You made your bed, Lie in It.”

Tuesday, 6 May 2014

Anastasia Screamed In Vain

Parent / teacher interviews are always a traumatic experience for Anastasia and this particular scheduled interview evening had all the hallmarks of being more traumatic than most. Fourteen (14) year old Prudence was becoming more difficult to manage and that quality was unlikely to have gone unnoticed by her teachers. Anastasia knew that communication with her former husband, the father of Prudence, was almost impossible in any meaningful way, so she would have to deal with the increasing demands of parenting their daughter by herself.

Anticipating a difficult Tuesday evening, Anastasia decided to attend parent teacher night without Prudence.  Accordingly she organised for a change to the usual contact arrangements so Prudence could spend the evening with her father.

This was probably an evening when Prudence would have been happy not to be the centre of attention.  The night had a reasonably familiar theme, insofar as the message that was being conveyed to Anastasia about Prudence was concerned. Four (4) of the six (6) teachers said that Prudence invariably did not pay attention in class and if and when she did pay attention, she rarely engaged in any of the discussion or activity being undertaken. Prudence was a student with talent, but her application, attitude, results and behaviour were noticeably deteriorating. Some meaningful intervention was necessary in the life of Prudence and it would be better to arrive sooner rather than later.

Anastasia reflected on two (2) separate incidents that had arisen in respect of Prudence.  Two former friends of her father made separate complaints about him, seemingly without regard to the effect that those complaints may have on Prudence.  Both women were determined to exact revenge on the father for rejecting them and apparently saw any harm to Prudence as acceptable collateral damage.  When Prudence realised that some of the teaching staff at her school learned of the complaints, she could see her cocoon was cracking and the outside world was significantly more harsh than she had anticipated.

It was becoming clear to Anastasia that the totality of  parenting Prudence was becoming a significant issue for Anastasia, Prudence and her teachers. Anastasia left the parent teacher interviews rather shaken by the experience and a little perplexed as to how she might deal with the increasing demands of parenting Prudence.

She thought about it on the way home and determined to ring her friend Millicent, to see if Millicent could offer any insight into her situation and perhaps even a meaningful solution. As Prudence would be spending the evening with her father, this was an ideal opportunity to have an uninterrupted conversation with Millicent about the situation.

Millicent was aware of a great deal of the history in relation to Prudence, so that did not need to be canvassed in any great detail. There was more concentration on the school parent teacher interviews and the implications that news might have for both mother and daughter.

Millicent said there was a barrister with whom she was quite friendly and he practiced in family law. She was confident that he would happily speak with Anastasia about her situation.  Hopefully be able to provide some assistance for her. Millicent said she was fairly confident Daniel Soames would help, as he had done so in the past for another friend of hers.

Anastasia said, “I would be very grateful if you would organise for your barrister friend and I to get together”. Millicent said, "Leave it with me, I will contact you after I have made contact with Daniel."

Dinner and Conference
The following week Anastasia was in luck, although it would be a dinner with somewhat of a difference. Prudence was with her father, so Anastasia could  meet with Millicent and Daniel to discuss her situation over dinner that Wednesday at 7:00 pm.

Daniel arrived a little before 6:50 pm Wednesday and spent the time catching up with Millicent. They did not discuss Anastasia or her situation, as there would be plenty of time for that to occur later in the evening. Happy though Millicent was to catch up with Daniel, she was getting a little concerned by 7:20 pm when Anastasia had still not shown and had not telephoned to say what was going on. Daniel did not seem to be too troubled by the development, which pleased Millicent, but she thought this behaviour was all too typical of Anastasia, no thought or regard as to how her actions might impact upon others.

On the stroke of 7:30 pm Anastasia knocked on the front door of Millicent’s home and Millicent promptly answered. Millicent invited Anastasia in and chose not to make an issue of the late arrival. She then introduced Anastasia and Daniel and set about serving dinner. Anastasia said the reason she was late was that she was finalising arrangements she had put in place to attend an audition the following day to be part of an upcoming play. She did not seem to be troubled by her lateness and she seemed to be very enthusiastic about the audition.

Anastasia said to Daniel, “Millicent has probably told you about my situation”.
Millicent responded promptly, “I have told him nothing. It was not my business to tell him. That is for you to do”.
Daniel contributed to the conversation by saying, “All I know about this is the very brief invitation I got to come to dinner and talk to you about family law issues relating to children.”

As they ate their dinner Anastasia told Daniel of her situation. Most interesting to Daniel were the two (2) relatively recent incidents involving Prudence and her father that came to light as a result of complaints made by former girlfriends of her father.

Daniel said to Anastasia, “These women were determined to exact some revenge on the father. Do you know what it was he allegedly did in respect of them?”
Anastasia said “No.”
Daniel continued, “These complaints were apparently made with little regard to the effect that they may have on Prudence. I also doubt this will have escaped the notice of those who teach Prudence at her school. This will be anything but a secret now, I expect.”

Daniel continued, “We could go on all night, but your real problem is twofold:
You do not have orders under the Family Law Act regulating the residence of and contact with your daughter; and
The nature of the complaints about her father are such as to seriously peak the interest of the Department of Children’s Services.

If that Department takes a serious interest in you and you continue to not have any orders under the Family Law Act, you may very well find the Department of Children’s Services makes an application to the Court to be the guardian of Prudence, at least whilst they continue their investigation into her well-being. The implication of such an order for you is that Prudence would be placed into foster care for the duration of that order and for all intents and purposes, there is nothing you could do about it.”

Anastasia seemed very surprised to hear that advice.

Daniel said, “Anastasia I know a solicitor who can help you. I have worked with him on many occasions previously and I will endeavour to speak with to him tomorrow, so that he is aware of you, should you choose to seek his assistance. For the sake of completeness I am happy to continue assisting you, but you will need to retain a solicitor.”

“Given what has transpired this evening, it is probably best I leave now and you can continue to discuss your situation with Millicent if you wish. I am not going to tell you anything new, I am just going to repeat the advice I have already given you. I accept that it is rather confronting, so it is best that I do not add to your pain by giving you more information than you can cope with in one sitting. I will telephone Millicent tomorrow and she can let me know if you have made any decisions as to what you want to do.”

Daniel then said goodbye and left them to discuss the Anastasia situation amongst themselves.

Thursday
The following afternoon Millicent rang Daniel at his chambers and thanked him for attending the previous evening and advising Anastasia.

Millicent said, “It was probably a good move on your part to leave when you did, because Anastasia seemed to be struggling to come to grips with all that you said to her. She seemed to be better able to process information this morning. However it did not stop her from attending the audition.”

Daniel said, “Oh yes, the audition. Anastasia is not going to do anything about her daughter. Her focus will be on the play and she will hope the other business will all go away.”

Millicent said, “Surely not.”

“Sadly yes”, Daniel said, “I have seen this all before. Still it was a very pleasant dinner, so all was not lost. Perhaps you know your friend better than me, but I would be very surprised if I ever hear from her again. I know she is your friend, so with that in mind I say this to you, hope springs eternal.”

Mrs Duckworth
Three weeks after Anastasia met with Millicent and Daniel, Prudence got into another  serious physical altercation at school.  The two girls had to be separated by a teacher, Mrs Duckworth. Happenstance was not kind to Prudence and Mrs Duckworth was a poor choice  if Prudence wanted to stay under the radar. Mrs Duckworth told both girls that their behaviour was not acceptable. Further it was not the first time she had had to speak to the girls about their behaviour. She then took them to the Principal.

Mrs Duckworth then contacted the Department of Children’s Services and reported the incident.  She also reported the continuing misbehaviour of Prudence, as she felt she was obliged to do.

As a result of that complaint a file was opened and allocated to a field officer within the Department of Children’s Services.  An investigation was then commenced in respect of Prudence. Ultimately that investigation lead to the Department making an application to be the guardian or carer for Prudence for six (6) months and an order made for her to be put into foster care.

Reality Bites
About two (2) months after the fight incident that led Mrs Duckworth to contact the Department of Children’s Services, Anastasia received a telephone call from Prudence. Prudence was very distressed as she told her mother that officers from the Department of Children’s Services were at the school.  They told her they were taking her into foster care that day. Prudence asked her mother to come to the school immediately.

Anastasia was in shock. She became distressed herself. However she made arrangements to go immediately to see Prudence at her school and try to work out what was going on. As she drove to the school she telephoned Millicent to share what had transpired.  She hoped that Millicent could offer a solution. When Millicent heard the news, she said she would telephone Daniel and see if he could offer any assistance.

Once Anastasia arrived at the school she had a conversation with the officers from the Department of Children’s Services and the School Principal. It was clear that she would not be able to persuade the departmental officers to change their mind by herself. She asked if they would speak to Daniel.  They agreed to do so. Anastasia rang Millicent and begged her to get Daniel to ring Anastasia on her mobile telephone, so these developments could be explained to him and perhaps he could solve it or figure something out. Millicent said she would try, but she could not guarantee Daniel would be available, nor could she guarantee that he would be in a position to do anything to help. Anastasia said she would be grateful for any help.

Within five (5) minutes Daniel telephoned Anastasia.  She endeavoured to explain to him what had transpired. She then handed the telephone to the senior officer from the Department of Children’s Services. The officer explained the situation to Daniel and at the conclusion of the conversation, the telephone was given back to Anastasia.

Daniel told Anastasia, “The department officers were entitled to do what they were doing.  In the very near future there would be a court hearing to determine if the current order they hold in respect of Prudence would need to be extended.”

By that stage preparations were clearly being made by the officers of the Department of Children’s Services to leave the school with Prudence. Prudence was in tears and kept saying she did not want to go with the officers of the Department Children’s Services. Her requests seemingly fell on deaf ears, because they had no impact on the departmental officers doing their job.

Anastasia was also in tears and pleading with the departmental officers, “Do not take my daughter away from me.”

The departmental officers continued to escort Prudence from the premises.

As she followed the departmental officers and Prudence out of the school grounds and into the car park, Anastasia continued to sob and she pleaded with the departmental officers, “Do not take my daughter away from me.”

Prudence was placed in the motor vehicle with the departmental officers and they drove away.

By that stage Anastasia had fallen to the ground and was sobbing and screaming, “Do not take my daughter away from me.”  Anastasia screamed in vain.

Going To The Go-Go's

Life as a 19 year old male in Brisbane was pretty grand for Daniel Soames, all things considered. He had deferred the seriousness and dedication needed to usefully attend university in favour of getting a little education from real life and exploring his interests in music and sport.

He rode a scooter, in part for riding convenience and in part to discourage free-loaders. He had met far too many people who wished to take advantage of his good nature and volunteer themselves to ride in his motor vehicle. That was less of a possibility when he rode his scooter, because unless the prospective passenger had their own helmet, the passenger experience was not going to happen.

Friday 25 June 1982
Friday 25 June 1982 was a world away from The Go-Go’s concert scheduled for the following evening. Work had finished for the week and there was music to experience that night. When he got home from work he walked in to the kitchen and had a conversation with his mother.

When she saw Daniel she said, "How are you?"
Daniel replied "Fine" in a very happy voice.
His mother then responded "Yes, you are always fine Friday night."

Rather amused by that exchange, Daniel walked to his bedroom where he turned on his music and proceeded to get ready to go out for the evening. The Go-Go’s concert might be on tomorrow night and Daniel was certainly looking forward to that concert, but that was no excuse to pass up the opportunity to play The Gift, the new album by The Jam. Getting ready was so much more enjoyable to that "ghost dance beat".

To either cut down on beer or the kid’s new gear, may well have been a big decision in a Town called Malice, however the pressing challenge at that juncture for Daniel was of a more sartorial kind: which cravat would resplendently adorn his neck on this occasion? Tonight was definitely a night for some paisley flair. Having showered and redressed, it was now time to enjoy the delights of a pleasant meal with his mother and discuss some of the events of the day, both at home and at work. Perhaps even a little prognostication as to what the evening might have in store might occur. When dinner was finished and no time was scrimped on that experience, it was time to clean his teeth and make sure all was in order for the scooter ride to the city and an evening of some serious nightclubbing and music. Just like in Ready Steady Go! The weekend had started.

Elizabeth Street in the city was kind to Daniel that evening, at least insofar as traffic and parking was concerned, because he was able to park his scooter right outside the Carlton Hotel, his destination. There were another couple of scooters in the vicinity, so it looked like some of his friends may well be nearby. Inside the Carlton Hotel, or White Chairs as it was affectionately known, some of his friends were already in attendance and on the way to what appeared to be an enjoyable evening.

Shortly after he joined the group there was some discussion about whether they would go to the 279 Club in Edward Street and watch one of the local bands perform, or go to the Underground for an evening of nightclubbing. Daniel decided that even though his life was not in a rut, on that night he would be “Going Underground”. So after about 40 minutes of White Chairs revelry it was off to The Underground for the Scooter boys and girls.

Going Underground
The Underground was its usual crowded venue with a fair spattering of Blitz Kids, Mods, Rockers (all Brisbane-Style) and hairdressers all looking to let their hair down and enjoy themselves and the music. There was some discussion about The Go-Go’s concert the following evening, but the general consensus was that Saturday evening was a world away.  Most people were concentrating on enjoying Friday. Saturday evening could wait until later.

Blue Rondo a la Turk and Haircut 100 were entertaining the crowd just as much as The Human League, Duran Duran, The Police, Madness and The Jam. Siouxsie and The Banshees always seemed to fill the dance floor and very few dancers left when the Sunnyboys were played. Spandau Ballet and Prince were no less popular. The Go-Go’s may be visiting tomorrow night but they were getting no special treatment tonight. That was evident when it seemed just about everybody wanted to get on the dance floor when they heard Heaven 17 sing (We Don’t Need This) Fascist Groove Thang.

After Pigbag doing Papa’s Got a Brand New Pigbag finished playing Daniel thought it was time to get a drink, so it was off to the bar to partake of the free orange juice and soft drink on offer. Orange Juice was his “poison” of choice.

It was the 1980s so hedonism had a fair amount of wick and candle to burn before societal sobriety doused the flame and this night at the Underground was no different. Young things, not so young things, some pretty, many not so pretty and a few just plain amusing were out for their slice of the enjoyment pie. It was incredibly entertaining for Daniel to watch and it provided him with an interesting and invaluable education in human interaction.

Miss Sweep Him Off His Feet was not in attendance that evening or if she was, she failed to adequately bring herself to the attention of Daniel. So there would be no “I would give you a lift home but I only have one helmet” dilemma for Daniel that evening. In its place were lots of good music, some dancing, some enjoyable conversation and an uplifting feeling about hockey tomorrow afternoon and The Go-Go’s concert tomorrow night.

With his Underground sojourn complete for the evening Daniel rode home on his scooter. The song playing non-stop on Daniel Brain Radio was Billy Idol singing “Dancing with Myself” and Daniel happily sang along. He managed to resist the temptation of an invitation from Grace Jones to Pull Up To The Bumper Baby.

Twenty minutes later Daniel was home in his kitchen getting something to eat and drink and winding down from the evening. The crossword in the newspaper would also help. After about half an hour it was time for him to invest in some sleep.

Saturday 26 June 1982
Five hours of relaxing sleep later saw Daniel rewarded with renewed vigour and enthusiasm for the day ahead. The hockey game that afternoon required his full attention and then there was the date with five visiting young women and their music. After a bright, happy and fulfilling breakfast Daniel realised there was no shopping he needed to do, so he could relax until lunchtime when he needed to commence getting ready for hockey. The Saturday morning music video television shows would entertain him adequately, he thought.

As he watched the music video shows Daniel slowly went about ensuring that all of his gear was in readiness for his hockey match.  He wanted to avoid any unnecessary delays when the time came. By lunchtime the furnace that was burning inside of Daniel meant that the opportunity to re-fuel should be taken and embraced with some significance, rather than pay it modest attention. Eat enough to satiate his appetite, but not so much as to make himself sick was his attitude. It had worked well in the past and there was no reason to think that theory would not work today.

Chasing and Hitting a Little White Ball
With food on board it was time to get dressed for hockey. Focus on the game and the reward of the concert tonight would take care of itself, he thought. Even driving to the game there was little thought of what the evening might have in store. Chasing and hitting a little white ball was where Daniel found his focus and he was happy that there were no distractions. As usual the soundtrack was playing non-stop in the background, but unlike Adam and The Ants where the music had lost its taste and it was time to try another flavour, Daniel was revelling in the moment.  He saw no reason to change the station or the channel or to try another flavour.

Once at the hockey ground it was all business for Daniel. He joined his team mates and started warming up for the game. He paired up with a team mate and they started pushing the ball around to get their respective eyes in. As that process continued they started hitting the ball to each other. Just before it was time for the game to start they were seriously thumping the ball at each other. No one was missing any traps. These boys were ready. All he was thinking about in terms of the concert later tonight was that just like The Go-Go’s sing, “We Got The Beat”.

Game time arrived and the organised fury that was his hockey experience was about to start. There was little time to sing during the game, the pace of the game was too fast for those indulgences. Even the momentary respite opportunities that present themselves during the game seemed to pass without any soundtrack intrusion, unless you count the sound of trying to catch your breath and to find extra energy.

By the end of the match Daniel and his team were three goals to the good. It had been a wonderfully fulfilling afternoon and a score line to match the enjoyment level. A little post match celebration and revelry and then Daniel might start thinking about that concert.

Driving home Daniel started to ponder about the concert and he realised there were no obvious injuries or aches and pains from his hockey match that might complicate enjoying the concert. Daniel had so far resisted the temptation to play his Go-Go’s music in the car and he was not about to succumb to temptation now. Perfect timing, Daniel thought, as the music playing in his car introduced Bow Wow Wow to the moment. “Candy on the beach, there is nothing better. I like candy when it is wrapped in a sweater. Someday soon I will make you mine. And we will have a candy all the time.”  I want Candy, indeed!

His mood was heightening and the adrenaline starting to flow. The prelude to the concert could hardly have been better scripted. Getting ready to go out Saturday night was no different to getting ready for Friday night: there was the food experience, the conversation with family, showering, the outfit selection and of course the absolutely essential soundtrack to accompany the preparation. It had been some time since he had given The Jam a spin, so it was time for a little more of The Gift and some of that ghost dance beat. Once again the soundtrack helped with another important feature of the evening, the cravat selection. Something happy, something bright and positive and rarely did he pass up the opportunity to give paisley a public outing.

Festival Hall, Brisbane: The Go-Go's au Go-Go
Daniel parked his scooter far enough away from the concert for it not to be a novelty or a distraction for those attending the concert, yet not so far away as to need to get a lift to Festival Hall. During the walk from his scooter to Festival Hall he did not see anybody he knew and once inside the venue he went straight to his seat and sat down. With concerts such as this the main attraction is the act for which the money is paid for the ticket and the accompanying acts can be an enigmatic part of the affair. Sometimes they are enjoyable and sometimes you would be happy to miss them altogether, Daniel thought. The early band on this occasion was of little or no consequence, but it did have the effect of making The Go-Go’s an even more impressive experience.

Finally it was time for the five girls to do their stuff. They all gave him a few years, but he thought they were all delightful, particularly the drummer. The set list was largely taken from the debut album Beauty and The Beat, so Daniel was familiar with the material they played. Their playing intrigued him. Whilst at first glance they did not seem to be brilliant musicians, gigging every night had certainly given them the opportunity to hone their craft.  He soon conceded that their guitar playing was clearly superior to anything he could do.  In the eyes of Daniel these girls were cute and talented, just what a young man likes to see in a young woman.

From time to time during the concert Daniel looked around to see if there was anyone he knew in attendance. A couple of faces seemed familiar and somewhat to his surprise there were some of his hockey colleagues, not only present but apparently enjoying the show. As the concert progressed more people seemed to become involved in the experience and by the time the encore was played, it seemed at least half of the crowd were dancing along to the band. The amount of people singing along with the last few numbers surprised Daniel. He did not think The Go-Go’s were that popular. However, he was happy that so many others in the crowd were enjoying the concert as much as him.

By the time the encore had been completed and the house lights turned back on, Daniel thought that The Go-Go’s had put on a wonderful show and were definitely worth the price of the ticket. He was in no hurry to leave the venue. He was happy to continue to soak up the atmosphere and give the people who wished to leave promptly plenty of time and space to do so. Somewhat to his surprise he saw some of his friends from White Chairs the previous evening.  When they noticed Daniel, they walked over and chatted about the concert. All seemed to agree that it was an enjoyable performance and well worth the ticket price.

Park Royal Hotel, Brisbane
Someone suggested going to the Park Royal Hotel down the road to see if The Go-Go’s were staying there and if so perhaps they might get to meet them. It had been something Daniel had done before and he was happy to give it a try on this occasion. So it was off to the Park Royal Hotel for the unofficial after concert party.

Daniel was in luck as The Go-Go’s apparently decided to attend the same party. He noticed them as soon as he arrived.  He also noticed a woman considerably older than him asking the girls for an autograph. That is something my little sister would like me to do, he thought, but he could not be persuaded to ask for an autograph himself. My sister will just have to miss out, Daniel thought.

His friends from White Chairs had managed to find a table and chairs that seemed to both accommodate them all and enable them to see The Go-Go’s. Perhaps a little later when some of the initial excitement had subsided, he might see if he could go and meet the band members in person, Daniel thought. There was no rush and the White Chairs crowd were keeping him adequately occupied and entertained. He could also hear and see a fair bit of what was going on with The Go-Go’s, so there was entertainment aplenty for him.

After about an hour, he noticed that the girls were leaving the bar and probably going to their hotel rooms. Initially he thought nothing of it, but then he remembered that The Go-Go’s were the reason that he was there in the first place. He was amazed to realise that given the opportunity to meet and interact with them, the girls ended up being less interesting and less engaging than his friends. He found that on balance he would rather spend time with his friends, than pursue whatever possibilities might exist with the girls in The Go-Go’s.

The girls of The Go-Go’s left quietly and unaccosted by any fanfare.

Ironic yet appropriate, Daniel thought. Earlier in the night Daniel happily sang along to How Much More and asked the question with the band: “How much more can I take, before I go crazy oh yeah?” As The Go-Go's left he thought of Our Lips are Sealed and how 60 minutes at an after concert party changed the way he viewed performers. He could now clearly see the members of The Go-Go’s as people rather than stars and he wanted to interact with them accordingly.