Showing posts with label court case. Show all posts
Showing posts with label court case. Show all posts

Saturday, 31 August 2013

An Unauthorised Illness



 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)

Thursday, 29 August 2013

The Unlawfully Alive



 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 Miss Megan Thompson present today?
(A woman rises.).
MEG: I am known as just Meg.
JUDGE: Are you represented by anyone?
MEG: Yes
DANIELS: I am representing the defendant..
JUDGE: (Nods to the prosecutor)
PROSECUTOR: I Call Miss Thompson to the stand. (Meg makes her way)
CLERK: You can either affirm or take an oath.
MEG: I’ll take an oath.
CLERK: Take this bible in one hand and hold and read from this sheet with the other.
MEG:  I promise to tell the truth, the whole truth and nothing but the truth. So help me God.
PROSECUTOR: Miss Thompson are you still alive?
MEG: Obviously I’m still alive. Otherwise I wouldn’t be answering this question.
JUDGE: Just answer the questions concisely and without making comments.
MEG: Yes. Sorry.
PROSECUTOR: Miss Thompson can you inform the court of the date and year of your birth?
MEG: The 5th of September 1914.
PROSECUTOR: So that makes you 98 years old.
MEG: That is correct. I’ll be 99 in a few weeks.
PROSECUTOR: So you were born near the onset of World War One. Do you have any memories of that war?
MEG: Not really. Just a memory of one man in uniform.
PROSECUTOR: Good. (Looking to the judge) I have here a document which I would like to submit as exhibit A. (He hands it to the judge who nods approval.) Miss Thompson can you read the second last paragraph near the bottom for the court? (The judge hands it to Meg.)
MEG: Yes. This is to certify that Megan Thompson is hereby permitted to hold her life until the 5th day of September 1984. (Meg now looks worried and anxious)
PROSECUTOR: Well. Well. Well. Can you Miss Thompson repeat that date again for the benefit of the court?
MEG (Softly) 5th of September 1984.
PROSECUTOR: Yes I thought I heard right. Yes the 5th day of September 1984. Now while you’re on a roll perhaps you can tell us today’s date.
MEG: The 19th of August 2013.
PROSECUTOR: Well. Well. Well. Isn’t that interesting? You are living an unauthorised life.
DANIELS: Objection your worship. My most learned colleague has not established that my client’s life is unauthorised with just this document.
JUDGE: Overruled!
PROSECUTOR: OK. Miss Thompson while you’re on a roll of providing the court with good answers to the questions posed by the prosecutor perhaps you can provide a very good answer to my third question. Why are you still here? Why are you still alive? DO you have a very good answer? (He looks leased and satisfied with his fingers  on his lapels and out stretched fingers.)
MEG: I only know that I had authority to live. I had no idea there was an expiry date.
PROSECUTOR: Ignorance is no excuse. Even so how can anyone believe your assertions? After all you are not clear even where you were born. You’re worship (looking to the judge) I would like to submit exhibit B. (Judge nods approval.) This Miss Thompson is a birth certificate, your birth certificate Miss Thompson, which I would like you to read to the court for us.
DANIELS: Objection your worship. The circumstances of my client’s birth have no bearing on the case.
The prosecutor and the judge have a brief discussion softly. Daniels is called to the bench.
JUDGE: Over ruled. Miss Thompson you can answer the prosecutor’s questions relating to your birth certificate.
PROSECUTOR: Miss Thompson can you please read what date is listed for your birth. for the benefit of the court .
MEG: The 5th of September 1914.
PROSECUTOR: Exactly so. Just as you have previously testified. Now for the benefit of the court could you Miss Thompson read the place of your birth. Just the county will do.
MEG: Devon.
PROSECUTOR: Now Miss Thompson I would like you to read an extract from the statement you made to the police. Your worship I would like to submit exhibit C. (Judge nods approval).
DANIELS: I object. The extract is only a selected portion of a much longer interview. It can only prejudice my client out of the wider context.
Judge signals for both Daniels and the prosecutor to approach the bench. A soft discussion is heard.
JUDGE: I will allow it.
PROSECUTOR: Miss Thompson please read the paragraph highlighted.
MEG: I was born in England in 1914 in Dorset and moved out to Australia when I was 9 or 10.
PROSECUTOR: Yes you made a false statement to the police. Can you explain this discrepancy?
MEG: But I wasn’t sure. We moved around a lot wherever my father could find work. We were in Devon, in Dorset, in London, In Cornwall, in Bath and at Crewe. I don’t know. We were everywhere and then the family had an opportunity to settle in Australia. (Meg is now visibly shaking).
PROSECUTOR: Miss Thompson can you turn the page and read the next highlight paragraph.
MEG: We moved to Australia in 1924 or 1925.
PROSECUTOR: I would like to submit exhibit D. (Judge approves). Can you Miss Thompson read from this document?
MEG: Thompson Family – assisted passage, Reg Thompson, father, Rose Thompson, mother, Betty Thompson, daughter 14, Megan Thompson, 13, Chris.__
PROSECUTOR: Stop right there. How old was the said daughter Megan
MEG: 13 it said. I must have got it wrong.
PROSECUTOR:: Oh I think you must have. And the question is how much else have you got wrong. . Now Miss Thompson read the column “Date of travel.”
MEG: 3rd July 1928.
PROSECUTOR: So it seems you are an unreliable source of information aren’t you? Tell me Miss Thompson is this an act of malice in the form of deceit or is it an act of incompetence on your part?
DANIELS: Objection! The prosecution is trying to stain the character of my client with that question.
JUDGE: Sustained.
PROSECUTOR: Miss Thompson how many children did you have?
MEG: Three. Chris, Mary and Melissa but…
PROSECUTOR: How many?
MEG: Three but...
PROSECUTOR: I would like you to read from this high lighted section of your statement to the police.
MEG: I had two children Chris and Mary. (Meg is now worried and nervous,)
PROSECUTOR: Well. Well. Well. Do we have more lies or do we have more incompetence? Ah?
MEG: That doesn’t mean anything. Melissa died as a baby and I was tired during the interview how can... (Prosecutor did not allow her to finish.)
PROSECUTOR: But you have more form don’t you Miss Thompson?
MEG: What do you mean?
PROSECUTOR: I mean this isn’t the first time you have lived an unauthorised life is it? (He hands the judge another document.) I would like to submit exhibit E. (The judge approves.) Miss Thompson can you read the highlighted section.
MEG: Miss Megan Thompson, conviction of unauthorised birth on the 5th day of September 1914.
PROSECUTOR: So it seems you’re in the habit of disregarding the permitting process and feel you can just live as and when you feel and just be born whenever you feel like it. Tell me Miss Thompson are you an anarchist?
MEG: What? Of course not. You’re just distorting everything.
PROSECUTOR: Did you make this information known to the police when making your statement?
MEG: (Softly) No:
PROSECUTOR: Again Miss Thompson. A bit louder for the benefit of the court.
MEG: No but you’re distorting everything.
PROSECUTOR: Distorting everything ah? You’re the unreliable one. You’re the one who misleads investigators. You’re the one who is inconsistent. And now we know you hid information from the police investigation into the complaint about your unauthorised extended life your previous conviction of an unauthorised birth.
MEG: But that was all fixed up. I got all the required permits and certificates after that case.
PROSECUTOR: Why did you withhold this information from the police?
MEG: (Sobbing and audibly crying) I just want to live a quiet life. Why should we have this endless paper work, Certificates, permits and licences? I’ve never done any harm to anyone else.
PROSECUTOR: No harm ah. You’ve weaved and dodged proper permitting all your life. You have omitted important information and given much false information. And now you are expressing dangerous anarchist thoughts. What if everybody just decided they could just be born whenever they chose. What if everybody just decided to live or die whenever they liked? What a mess everything would be. There would be no respect for authority at all. What sort of society would you like to see? Just what sort of person are you? DO you have ANY regard for law and order?
MEG: (Crying) I’m sorry. I’m sorry. I’m not a mean or nasty person. I’ll get the permits right.
DANIELS: Your worship I think it’s possible my client will alter her plea. I would like to call for an adjournment.
JUDGE: I adjourn this case until tomorrow. The court will take a 15 minute break and then we will precede to Wilson verses the State.

CLERK: All rise! (All attendees in court rise as the judge exits the court.)