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 be pretty tough on us. We’ll have to prove the case beyond any possible doubt.”
Kate glanced at Anya and knew she was on notice. No stuff-ups or mistakes.
“I’ll need you tomorrow, Kate, all things proceeding,” Natasha added. “Make sure everything you found on that search warrant is within the terms of reference and legal. Anything less than kosher and the case will be thrown out of court. If the Harbourns get an acquittal, we fail and they walk away, immune from further prosecution for what they did to Rachel and Sophie.”