In a courtroom the clerk rises
as the judge enters.
CLERK: All rise. (All in attendance rise and then resume
their seats as the judge takes his.)
JUDGE: Is Mr Kevin Wilson
present today?
CLERK: Call Mr Wilson.
(A court official makes his way to the door)
OFFICIAL: Mr Wilson! (Wilson is wearing pyjamas and a hospital issue dressing gown enters and takes the stand. He
has an oxygen tank on wheels and a stand holding an intravenous feed.)
CLERK: Will you take an oath or
affirm?
WILSON: I’ll take an affirmation.
CLERK: Please read from this
sheet.
WILSON: I affirm that the evidence I am about
to give will be the truth, the whole truth and nothing but the truth.
JUDGE: Mr Wilson, are you represented
here today?
WILSON: No.
JUDGE: I would strongly advise you
to seek representation before proceeding.
WILSON: No. That is all right. I’ll defend
myself.
JUDGE: (Gesturing towards the prosecutor) Proceed. .
PROSECUTOR: Mr Wilson give you
please give your date of birth.
WILSON: The 4th of April 1965.
PROSECUTOR: So that would make you
Mr Wilson how old?
WILSON: I am 48 years old.
PROSECUTOR: Your worship I would
like to submit exhibit A, a birth certificate for Mr. Wilson and exhibit A a
life certificate for the said Mr. Wilson. (Judge
nods approval)
PROSECUTOR: Mr Wilson can you read
from your life certificate the heading highlighted in the 5th
column?
WILSON: Expiry date.
PROSECUTOR: Very good. I see they
taught you how to read in school.
WILSON: What? Of course they did. There’s no
need to be patronising.
PROSECUTOR: Very good. We’ll also
see how you go about answering questions as well Mr Wilson. Now Mr. Wilson
can you read the date below the heading in the 5th column?
WILSON: 3rd April 2045.
PROSECUTOR: Very good Mr. Wilson. Now
while you’re on a roll dazzling the court with your superb use of your
cognitive skills perhaps you can impress on the court the display of your
mathematical skills. On the expiry date of you life certificate how old will you
be on that expiry date.
WILSON: Nearly 80.
PROSECUTOR: Wow. You are good.
Very good. Yes. 80 years less one day. Tell me Mr Wilson how is your present
state of health. From my point of view down here you look rather poorly.
WILSON: I have polycystic kidney disease and cancer of the spleen. My general health
is badly compromised and my lungs are failing. I need to take this portable
oxygen tank with me and I could only really come to court with this stand
dripping pain killers in a saline solution.
PROSECUTOR: Well that’s your diagnosis. Now for the benefit of the
court perhaps you can briefly give us your prognosis.
WILSON: Well I’m not expected to live another year.
PROSECUTOR: Oh really. What sort of a person would you describe
yourself as being?
WILSON: An average good person. Not too offensive.
Honest. Easy going.
PROSECUTOR: Tell us Mr. Wilson would you consider yourself a law
abiding citizen?
WILSON: Of course.
PROSECUTOR: Perhaps you have not noticed the discrepancy between your
account of yourself as a law abiding citizen and the reality that you are in
grave danger of checking of this life before the expiry date listed on your
life certificate. Tell the court Mr. Wilson are you similarly deluded about
other aspects of yourself..
WILSON: What? No!. My illness has nothing to
do with what sort of a person I am.
PROSECUTOR: Usually not perhaps
Mr. Wilson except you have had the temerity to go and become seriously ill
without being properly permitted to do so.
WILSON: I did not mean to. (In a slightly higher pitched apologetic
voice.)
PROSECUTOR: Tell me Mr. Wilson in your police
interview were you completely truthful in your statement to the police?
WILSON: Yes! (Slightly agitated)
PROSECUTOR: (To the judge) I would like
the defendant to read a highlighted section from his birth certificate. (Judge hands the document to Mr. Wilson.) I would like to submit this as exhibit B. (Judge nods approval.)
PROSECUTOR: Mr Wilson can you read
the highlighted place of birth on your birth certificate?
WILSON: Lewisham, NSW.
PROSECUTOR: Yes and of course that
was on the 4th of April 1965?
WILSON: Yes.
PROSECUTOR: Very good. I would
like to submit exhibit C being a copy of the statement you gave to the police
with in connection with this charge. (Judge
hands Mr. Wilson the statement.) Can you read the highlighted paragraph on
page 14?
WILSON: I was born on the 4 April 1965 in
Petersham. My mother…
PROSECUTOR: Stop right there.
Well. Well. Well. You were not truthful to the police in giving your statement
were you Mr. Wilson?
WILSON: Yes but…
PROSECUTOR: But nothing. You said
you regarded yourself as honest .Just how deluded are you? Or is it delusion or
is it deception?
WILSON: (Angry
and agitated) Deception? What purpose could deception serve for such a
minor detail? You’re just blowing small discrepancies into major deceptions.
Petersham is next door to Lewisham. What does it matter?
PROSECUTOR: What does it matter?
It matters because it reflects either on your character or on your mental
competence. In either case your testimony is dubious. But this wasn’t the only
example of providing false or incomplete information was it Mr. Wilson?
WILSON: What are you talking about?
PROSECUTOR: Can you read from the
highlighted section on page 17?
WILSON:
I went to school in Canterbury.
I was not ever in trouble at school as a child.
PROSECUTOR: (To the judge.) I would like to submit a document as exhibit D and
for it to be handed to the defendant to read from the highlighted area. (Judge nods and the document is handed to
Mr. Wilson.) Mr Wilson can you read the highlighted section?
WILSON: Kevin Wilson suspended for 3 days for
failing to take responsibility for starting an argument which resulted in minor
injuries to himself and Jeff Hoare.
PROSECUTOR: Yes Mr. Wilson. Quiet
an omission.
WILSON: That’s unfair. How could I remember
that incident? It was just some silly playground thing.
PROSECUTOR: So not only are you an
unreliable source of information but you also won’t take responsibility for
your actions. Tell me Mr. Wilson what sort of a person are you?
WILSON: That’s not fair.
PROSECUTOR: Not fair? You’ve just
by your own admission verified that you are dishonest or incompetent ad
irresponsible.
WILSON: (Visibly
shaking and starting to wheeze.) I
may have made some mistakes but I’m not a bad person. I’m just an average
person trying to make my way through life best as I can.. Look I’m a sick man.
PROSECUTOR: And whose fault is
that? You went off and became ill without the proper permits. And on top of
that you plea your illness as a reason for mercy. Well that’s like the orphaned
boy pleading for clemency in the murder of his parents on the ground that he’s
an orphan. Do you really expect anyone to take you seriously after it has been
established that you are also unreliable and dishonest or incompetent?
WILSON: Look why should my early death be a
legal matter? If I die early that is that.
PROSECUTOR: So you think people
should just do as they like. Like and die whenever? These are very dangerous
anarchist tendencies. So to the list of dishonest or incompetent and unreliable
the court can see a budding anarchist in the dock. How would life be if
everyone thought you could be born and die whenever you want or that you can do
whatever you feel like. It’s people like you clogging up the court system.
WILSON: (Falls
off his chair and his stands falls over. He is helped to his feet.) You’re
really mean making little things sound really bad. If this is justice the
system stinks.
PROSECUTOR: Mr. Wilson you really
have shown your true irresponsible colours today. (To the judge) I rest my case.
JUDGE: Members of the jury. You
have heard the evidence. I now charge you to consider the evidence and decide
your verdict.
The jury leave the court room. They return 2 minutes latter and assume
their seats.
JUDGE: Will the foreman of the
jury please stand.
(Foreman stands)
JUDGE: Have you reached a verdict
in which all members of the jury are unanimous?
FOREMAN: We have.
JUDGE: What then is the verdict of the jury?
FOREMAN: Guilty!
JUDGE: Thank you Mr. Foreman and
members of the jury. You are now dismissed. (To
Mr Wilson) Mr. Wilson please stand. (He
stands with the help of some staff.)
JUDGE: Mr. Wilson you have been
convicted of contacting an illness or disease likely to put you at risk of breaching your life certificate and associated life permits. You have been
found guilty by a jury of your peers. I will remand you for formal sentencing
at a latter stage. This case is adjourned pending sentencing.
CLERK: All stand. (The judge exits)