The Girl in Steel-Capped Boots (27 page)

Oh shit.

Lena felt like one of Fish’s catches just after he’d gutted it. Time seemed to stand still in the courtroom. Pieces were starting to click into place, filling her heart with dread. Hadn’t Dan suffered enough without adding this revelation to the mix?

She glanced quickly at Mark’s wife.

The widow had a wild-eyed look, torn between outrage and defiance. Her mouth kept moving, forming silent words. Dan’s parents were tight-lipped and still. They were eyeing their son in a way she hoped her parents would never look at her. It wasn’t hatred or disappointment. It was something in between and all the more potent for it. But what did they expect him to do? Lie?

It had to be killing Dan to be siding with an employer over his family, but even after only a few months, Lena knew that he was an inveterately honest man. Lena clenched both hands. The action helped her get her bearings. Why were Dan’s family so angry? If Mark had been treated, his episodes and diagnosis would be a matter of record. Dan
couldn’t
lie about it. This
was the stuff nightmares were made of. Even so, she wanted to hear the rest.

Once more her gaze was drawn to Dan’s. His face was pale and his lips tight. He’d already relived this experience too many times. She wished she could hug him and threw the thought across the room. He didn’t turn away when he caught it. But the message he threw back was obvious and not what she wanted to hear.

I told you not to come.

Lena broke the connection, unable to bear his accusing look and focused instead on Sarah who now, having the benefit of the room’s full and undivided attention, was about to continue with her next question.

‘How did your brother attempt to commit suicide?’

Mr Carter stood. ‘Objection, relevance. This has no bearing on the case at hand.’

The judge studied Mr Carter thoughtfully for a moment and then said to Sarah, ‘Unless it has some relevance to the point you are trying to make, counsel, I don’t think we need specifics.’

‘Very well, your honour.’ Sarah nodded. She turned back to Dan. ‘Do you think it is possible, Mr Hullog, that on the day of the incident, your brother may have been suicidal?’

Again, Mr Carter stood. ‘Objection: leading the witness.’

‘Overruled.’ The judge smugly looked down at Mr Carter. ‘You can’t have it both ways, Mr Carter. Proceed, Ms Michaels.’

With a sigh Sarah once again addressed Dan. ‘Mr Hullog, on the day of the incident, did your brother give you any indication at all that he was thinking of killing himself?’

Dan lifted his chin. ‘No.’

‘Was he seeing a therapist or on any medication around the time of his death?’

Dan joined his hands on the desk, but his expression did not change. ‘I believe so, on both counts.’

Sarah cleared her throat. ‘So then, he had by no means recovered from his mental illness?’

‘Not one hundred per cent, though I would have to check with his doctor.’

Sarah nodded, consulted her notes and began speaking again. ‘Mr Hullog, did you discuss any possible safety issues with your brother prior to the site visit?’

‘Not in great detail. I told him we’d be watching a video and that the usual protocol would apply.’

‘Did you tell him that the feeder could be dangerous?’

‘No.’

‘Why not?’

‘Well,’ Dan licked his lips, ‘there was absolutely no need for him to touch it or enter it. It had already been established that the feeder was jamming because its footings were out of whack. One side of the machine had settled more than the other. Our concern was the foundations, not the mechanics of the machine. He had a camera so he could take pictures of the feeder supports, not inside the machine or even of the machine itself.’

‘Did Mark know this?’

‘Yes, I briefed him fully before the meeting.’

‘Thank you, Mr Hullog.’ Sarah’s lips curled momentarily as she turned to the judge. ‘I have nothing further, your honour.’

As she sat down, the judge spoke to Mr Carter.

‘Mr Carter, do you have any questions for Mr Hullog regarding Ms Michaels’s cross-examination?’

‘Two questions, your honour.’ Mr Carter laced his fingers in front of him as he stood up. He paused for a long time, much to Lena’s frustration.

‘Was Oswalds Proprietary Limited aware of the victim’s medical condition and recovery program?’

Dan said, ‘Yes, certain critical members of the team and upper management were aware.’

‘You mentioned the deceased was being treated for his
illness. Did Oswalds consider the deceased unfit for work or otherwise impaired with respect to particular duties while the deceased was undergoing treatment for his mental illness?’

‘No, he was not considered unfit for work.’

Mr Carter inclined his head. ‘Thank you. Nothing further, your honour.’

So Dan was finally allowed off the stand and the court was told to break for lunch. Lena’s lungs contracted at the anticlimax, leaving her panting. Her legs were wobbly, as though she’d just run a marathon. Her heart rate was up and adrenaline was pumping heavily through her veins. She needed to get outside and walk it off.

By comparison, Dan’s relatives sat in angry stupor, unable to tear their eyes from the empty witness box. She could
feel
their rage. It was so heavy. If feelings were toxic, she probably would have passed out. But really, what did they think that Dan could have said differently? It was a pointless and ungrounded fury.

Standing up, she slung her handbag over one shoulder. The movement must have caught Angela Hullog’s eye because she turned around and for the first time registered her presence. She looked as though she was trying to work out who Lena was and maybe even considering asking.

There was no way Lena was telling her.

She was there for Dan and her reasons were nobody’s business but his. She looked away from Mark’s widow, concentrating her attention on exiting as quickly as possible. She wanted to catch Dan in the street. When she left the building she saw him walking up the road and caught up.

‘Mind if I join you?’

‘I told you not to come.’

‘And you knew I wasn’t going to listen.’ She smiled brightly and daringly tucked her hand into his. His arm went rigid but she felt it relax slightly as she put her other hand on his bicep.

He sighed raggedly. ‘Do you ever give up?’

‘No.’

‘Do you ever go away?’

‘No.’

‘Do you ever do as you’re told?’

‘Not if I can help it.’

‘Thank God.’ His fingers tightened deliciously around hers and she felt the warmth of his gaze as much as the sunshine as he finally looked down at her. She raised her eyebrows in return.

‘So you
are
glad I came.’

‘Yes and no.’ It was a small smile, but definitely a smile. ‘It meant a lot to have your support and your face to focus on in the gallery. Lord knows, I couldn’t look at anyone else.’

‘But?’

‘But you know too much about me now. I can’t hide anything from you any more.’

Lena grinned delightedly. ‘How marvellous.’

He untangled her hand and rested his arm across her shoulders instead. ‘You are impossible, you know that?’ He squeezed her tight into his side.

Bubbles of contentment popped in her head, making her dizzy. She snuggled in closer, enjoying the freedom to do so. The heat from his body warmed hers. She breathed in the scent of him, enjoying the gentle rhythm of their synchronised movement. They wouldn’t be able to have this simple intimacy on site. She wanted to savour the feeling – this closeness – which wasn’t really casual at all.

She scanned the cafes and restaurants they were passing. ‘What do you feel like?’

He shuddered as his body relaxed further. ‘A tropical beach, a deckchair and a cocktail far, far away from here.’

‘I meant to eat.’

‘Did I mention you were there too?’

Her voice trembled on the way out. ‘How about a sandwich? We’ve only got an hour.’

‘Okay.’

They turned into the next cafe. The smell of food and coffee filled her nostrils and her stomach growled in response. They ordered and took a seat by the window. She would have felt as though they were on their very first date if the weight of what she’d just witnessed hadn’t been sitting so heavily on her chest. For his sake as much as hers, she tried to shrug it off.

‘Beautiful day,’ she murmured as a crisp breeze made its way through the big front window of the cafe.

A slight smile curled his lips. ‘You don’t have to try so hard, Lena. I’m not glass.’

‘It couldn’t have been easy for you in there.’

His hands shook and he quickly put them under the table. ‘What’s hard is knowing that my parents think my testimony is some kind of betrayal.’

‘All you did was tell the truth,’ she quickly reassured him. ‘They can’t expect you to lie in court. And Mark . . . well,’ she took a deep breath, ‘Dan. It’s over for Mark now. He’s not in pain any more. And lying about him isn’t really going to help with anyone else’s pain, whatever they think.’

He gritted his teeth. ‘No, it isn’t. At least my part is over now. I admit, it’s a relief to finally hand this over to the judge.’

‘Perhaps you should go home then,’ she suggested. ‘Try to put this behind you.’

He shook his head. ‘No way. I’ve got to see everything. I lost my brother and my dad. I’ve wasted more than three years of my life worrying about what the verdict would turn out to be. I want to see what it is and how they get there.’

Lena knew what he meant, what neither of them could say out loud because it cut too close to the bone. Mark Hullog’s death was caused by one of two things.

Dan’s negligence, or his little brother’s decision to commit suicide.

A judge would decide.

The problem was, she didn’t know which team to cheer for, because either way Dan lost.

After lunch, she accompanied Dan back to the Supreme Court. This time he joined her in the gallery. Now that he was no longer a witness under examination, he was free to watch the case proceedings.

Lena wondered if his family had even left to eat. They were huddled together as she had left them. Nonetheless, they raised their eyes when they walked in. Her fingers tightened involuntarily around Dan’s hand as Angela’s features contorted.

‘You fucking bastard!’ she hissed. ‘How dare you show your face back here? Haven’t you done enough damage?’

Her words were so sudden and so scathing that for a moment Lena could only stare at her in shock. Dan went white.

His mother stood up, the heavy lines on her face deepened by her frown.

‘Please be on your way, Daniel. Don’t you think we’ve suffered enough?’

Frustration burned its way through Lena’s body like the wick of a candle. She was desperate to defend Dan but knew she had no right to interfere. Who was she to judge people who’d experienced what they had? Luckily, Dan spoke up instead.

‘We’ve all suffered.’

His father snorted and said without turning to face them, ‘If it’s guilt you’re feeling, I’m not surprised. I hope you’re plagued by it day and night.’

Lena didn’t understand. Sure, the Hullogs loved Mark, but Dan was their son too. Her fingers itched to shake his mother. Instead of losing one child they had lost both.

Idiots!

Dan tugged on her hand, leading her to the back row. ‘Mark was always the favourite,’ he said, seeming to sense that she needed some explanation.

Lena sat down. ‘But you’re their son too. It’s not right.’

He shook his head. ‘I was always a third wheel. And now, I’m worse than that.’

Angela Hullog looked as though she wanted to force them out with her bare hands but the bailiff called order. The lawyers were already in place.

After the judge walked in and was settled, Mr Carter called his second witness to the stand. It was the HR manager from Oswalds Proprietary Limited. Mr Carter’s questioning centred mainly on the safety course and why Mark hadn’t attended. The HR manager was indifferent and vague, leaving Lena itching to thump her. The woman came across like a disorganised person with a complete disregard for paperwork.

The case for Oswalds’ negligence was certainly building. Sarah’s cross-examination revealed nothing further. And then that was it for the day.

As Lena and Dan made their way out of the building, Mark’s widow waylaid them in the lobby.

Lena held back, knowing that Dan didn’t want her to get involved.

‘You knew Mark wasn’t suicidal. He was fine! Why didn’t you say that in your testimony instead of trying to cover your own arse, you bastard!’

Lena wanted to slap her, even though she knew Angela was probably only able to get out of bed every morning because of the momentum she got from her fiery hatred of Oswalds – and Dan.

‘I need to talk to her,’ Dan said softly, and then to his sister-in-law, ‘Angela –’

‘Don’t you “Angela” me! I wish you’d never been born.’

‘Dan –’ Lena began.

But he shook his head. ‘My family, my fight. Go home, Lena. You’ve done enough and I appreciate it. But now you’re out of your depth.’

The look he gave her was so fierce that she knew that this time he would physically remove her if he had to.