tremor not affecting Gary’s computer skills but preventing him from functioning in the presence of a psychiatrist.
Natasha tried to lead Anya into stating her opinion, but the judge instructed the prosecutor to keep her questions relevant to the expert witness’s area of expertise.
By the end of the day, Judge Pascoe had heard the evidence and retired to his chambers.
The next afternoon, Kate called with good news and bad news. Pascoe had decided Gary Harbourn was fit to stand trial. The bad news: because of the severity of Sophie’s injuries and potential for further acute complications, he wanted to make sure the defense team had a chance to cross-examine her, the key witness. It meant a rushed trial, making the prosecution’s work more difficult. Besides that, Pascoe was due for retirement in three months so he wanted the trial completed by then.
He brought the trial forward to four weeks from Monday. Kate didn’t think it gave them enough time to prepare all the evidence for trial.
Intentionally or otherwise, the judge’s decision had favored the Harbourns.
Anya didn’t tell Sophie that when she went to visit her the next day.
The morning of Rachel’s funeral, Anya had canceled appointments and stayed with Sophie so Ned could attend. Sophie had been too ill to go, even with a nurse and portable ventilator. Drifting in and out of consciousness, she had been unaware of what she was missing, using all her reserves to heal her shattered body.
After that, Anya had made the effort to sit with Sophie Goodwin at least three times a week. With her breathing tube continuing to block, she had further surgery to replace and secure it. Then came collapse in the base of her lungs, which led to bilateral pneumonia over the following week. Despite making good progress, she was still battling to get through each day without further complications.
Anya’s visits gave Ned a chance for a shower and a meal outside the ICU, which had become his second home. He slept in a recliner rocker that had been moved into Sophie’s room. Without enough rest, Ned Goodwin was facing becoming ill from exhaustion. Giving him a short break was the least Anya could do.
She always took along a book to read, something she had loved as a girl herself. Sophie closed her eyes and drifted in and out of sleep as Anya read aloud from the story of Helen Keller,
Sometimes Sophie would talk about her mother, and things she remembered from childhood. Rachel featured a lot in the conversations, but Sophie avoided becoming maudlin. If she had enough energy, they might watch TV. Inevitably, Sophie would fall asleep and Anya would sit and work on her laptop.
Anya found herself growing fonder of Sophie, and the relationship had nothing to do with pity.
The fourteen-year-old girl was naturally positive and managed to laugh at herself, even lying in an ICU bed. Sometimes she would remember something about the attack, or ask about the surgery or want more details about her injuries. Anya always answered honestly, even questions about whether any man would want to marry her, and what sex with someone you loved felt like. It was like having a little sister, one who had grown up far too quickly and painfully.
As days passed, the fear of the trial and testifying occupied Sophie’s thoughts more and more. Although Anya tried to prepare her for what was to come, there was no escaping the trauma Sophie and her father were about to endure in the name of justice.
28
The morning the trial began, Anya listened from the back of the courtroom. Charges against the three accused were read out and each was asked if he was entering a plea. One of the defense lawyers stood and buttoned his suit jacket.
“Your honor, my client, Gary Harbourn, wishes to plead not guilty on the grounds of insanity at the time of the offense.”
The remaining lawyers stood in turn, declaring “not guilty” on behalf of their clients.
Natasha arched her lower back, as if preparing for a physical battle.
Judge Pascoe asked why the Crown intended to prosecute the three accused in the one trial. Despite his wearing glasses, Anya noticed his unnerving squint. The right eye deviated outward when he spoke.
“Your Honor, we intend to argue that in the aggravated sexual assault and attempted murder of Sophie Goodwin, the three accused acted in a joint criminal exercise by committing the offenses together. In doing so, all of the participants are guilty of the same crimes, regardless of the individual parts played.”
The defense lawyers argued for separate trials, no doubt to wear down the key witness. If she faltered or varied testimony over the course of several trials, they would have cause to discredit her. For Sophie’s sake, Anya hoped there would be only one. Repeated examination and cross-examination on the stand was more than any victim, particularly one who had suffered so much, should endure.
Pascoe licked his top teeth. “In the interests of justice, I am granting the request to have a separate trial for Gary Harbourn. Rick and Patrick Harbourn will be tried together.”
Natasha stood and objected. “Your Honor, we strongly object to separate trials. For the key witness, the possibility of appearing in separate trials will be devastating. She remains in intensive care following the attacks and is clearly traumatized by the violence perpetrated against her and the murder of her sister.”
“I have made my decision,” Pascoe announced. “First on the agenda will be Gary Harbourn.”
Before Natasha had a chance to respond, Pascoe turned to the bailiff. “You may excuse the other defendants and bring the jury panel in.”
Before the pool of potential jurors entered, the judge turned to Natasha. “Ms. Ryder, I expect women in my courtroom to dress appropriately. You will wear a knee-length skirt when you next appear before me, not trousers as you are wearing today.”
Natasha turned to her assisting attorney who widened his eyes in surprise.
Anya chose to leave the courtroom then, bowing first to the judge before exiting. She couldn’t believe that Pascoe could be so brazen in his sexism. Mind you, she had seen senior surgeons behave the same way to junior female doctors, demanding they wear skirts for ward rounds. Equality still had a long way to go in the legal and medical professions. It didn’t make his comments any less offensive.
Anya’s phone rang as soon as she turned it back on; it was Dan wondering if she’d been to visit his father again. Anya felt bad about it, but she hadn’t been able to fit it in yet. She told him about the trial starting.
“Who’s your judge?” Dan asked.
Anya answered and his prolonged silence said more than she wanted to know.
“I have managed to avoid him so far, but he and Dad had some kind of run-in years ago. There’s no love lost between them now.”
Anya promised to visit Dan’s father very soon and explained she had to go.
Kate Farrer met her outside. “Are they stalling or going ahead?”
“They’re starting on the jury pool.”
Kate punched the air. “I was worried. Pascoe is hard on police and prosecutors. Knowing the Harbourns, I was sure they’d use every possible trick to stall again.”
“He ordered separate trials for Gary and the others.”
Kate’s elation was short-lived. “Can’t he see what that’ll do to Sophie?”
“I’m not sure. Natasha has to prove Gary’s malingering and has never suffered from a psychotic episode.”
Just then the prosecutor came out of the courtroom.
“We’ve got a ten-minute recess. One of the jury panel’s absconded,” she said, pacing on the gravel outside the Supreme Court. She ignored cameras standing by, looking for the day’s scoop.
“I’ll need you in there, Anya, as first witness. I want you to give your evidence while the jury’s fresh, and brace them for what they’ll see in Sophie’s first statement. We’ll play the tape before setting up the video link with her hospital room.”
“Why separate the trials?” Kate pressed.
The prosecutor glanced around before answering. “Pascoe’s not far from retirement and my guess is he’s going to give the defense a loose rein, to limit their chances of appeal. That way he’ll finish up with a clean slate. That’ll
