The Empty Nest Pt. 04

Nigel began his questions in a very light hearted and charming way. You could see Charlie visibly relax and settle into the chair. Nigel was waffling and the judge's expressions showed their displeasure. He paused looked down at his notes then began his interrogation.

"Are you currently in a relationship with Mr. Blake?"

"Umm, yes." Charlie replied.

"How long have you been intimate?" Nigel continued quickly.

Charlie squirmed in her seat as she was unsettled by the personal nature of the question. Tom stood up.

"Objection, your honours, the nature of their relationship has no bearing on this hearing."

"I tend to agree with Mr. Arnott, Nigel, is there any point to this?" The chief judge enquired.

I was beginning to see where the W.A.N.K's inside track was in the family court. The chief judge was fawning on Nigel like he was his son.

"Just a couple more questions, your honour."

"Alright just a couple more, but please rephrase the last one." The judged cautioned.

"Thank you your honour. Ms. Jones, how long have you and Mr. Blake been a couple?"

"Almost two months," Charlie answered carefully, she was no longer relaxed.

"But you have known each other for longer?"

"Yes, since the end of last year."

"I see, can you explain why Mr. Blake gave you two hundred and fifty thousand dollars in January this year?" Nigel continued after picking up a sheet of paper.

"It was a loan to cover my mortgage until an insurance claim was settled."

"I see," Nigel paused and stroked his chin while he studied the paper he held in his hand. "We have a statement here from Mrs. Jamison, Mr. Blake's next door neighbour. She says she saw you wearing skimpy clothing going into Mr. Blake's home one evening in November last year and leaving one hour later."

"I was wearing gym clothes." Charlie said defensively.

The inference was clear. Charlie presence on the stand was only for humiliation, not for any divorce settlement reasons. I looked across at Rachel and she had a sadistic grin on her face.

Nigel decided to twist the knife just as I elbowed my barrister to try and get him to stop this nonsense.

"It must be tough raising your son on a casual teacher's salary and paying off a mortgage. No one would blame you for using any means to get..." Nigel was cut off by Tom's objection and he immediately withdrew the remark and said he had no further questions before the judges could intervene.

Charlie face was red with anger and embarrassment. Rachel and my youngest daughter had vicious smiles of victory. The chief judge was just telling Charlie she could leave when I grabbed Tom's sleeve and asked him to keep her there. Charlie sat down again confused at my barristers request and she glared at me as she had hoped to escape. I scribbled a couple of questions down on a pad the barrister had. He tore it off, looked at it them, and then back at me to make sure it was what I wanted. I nodded so he turned to Charlie.

"Ms. Jones, who asked you to go to Mr. Blake's house in November last year?"

"The principle from the school I work at. He told me Jeffrey, sorry, Mr. Blake, had something he wanted translated from French." A smile briefly returned to Charlie's face as she realized what I had planned.

"And what was that?"

"It was a recording of two people..."

I was watching Rachel as she suddenly realized what was about happen. The sly smile disappeared replaced with a look of abject terror. She jumped to her feet.

"Objection! Objection! Get this tart out of here." Rachel yelled as Nigel tried to restrain her.

The judge banged his gavel and asked for silence. Nigel, with the help of one of his juniors got Rachel back into his seat before he turned back to the judge.

"Sorry, your honour, but this is going nowhere and is only wasting the court's time."

"Nigel had his turn and besmirched Ms. Jones reputation. Surely we can have some time to correct it." Tom argued.

The chief judge was silent and the lady judge, who had also been on the bench for the appeal, tugged his sleeve. She leaned across and they spoke in hushed tones to each other before he spoke.

"Mr. Kerr you opened the door to this so Mr. Arnott, you can continue." At least he wasn't calling him Nigel now.

"Thank you, your honours. Ms. Jones you were saying you were translating a recording of two people?"

"Yes, Mrs. Blake and a Frenchman named Jacques having sex."

All hell broke loose. Rachel moaned and fell off her chair, apparently she fainted. Nigel was on his feet objecting, saying there wasn't proof such a recording existed. I had my phone waving it at him offering to play it. My daughter was sitting back stunned and when Jacques tried to place his arm around her she shrugged it off and stormed out of the court room. Through this all the judge banged his gavel and called for silence.

When calm was restored, he first excused Charlie, then he had both barristers stand up and he berated them for turning his court into a circus. Rachel was back on her chair and her solicitor was fanning her with an empty folder. When the barristers were told to sit down the judge addressed the courtroom.

"There will be a fifteen minute recess for you to get your acts together. Any further shenanigans and you will be ejected from this room."

The clerk asked us to stand and the judges filed out. Tom turned and left with his mobile to his ear. While the other side attended to the breathless Rachel, Brian and I walked out into the corridor. Charlie was sitting on a bench to the left so we went to her. She stood up and threw her arms around me.

"That was horrible." She mumbled in my ear.

"I'm sorry."

"I won't do it again."

"I'll make sure you don't have to." I held her tightly until a voice called from behind me.

"Dad?"

I swiveled my head and standing next to Brian was my youngest daughter, Julie. He made an excuse and a hasty exit. Charlie released me but I kept my arm around her. There was an awkward pause before I introduced them to each other and they shook hands stiffly.

"I'm sorry, Dad," Julie blurted out. "It's all happening so fast and mum was saying stuff about you and... and... it's... it's just not fair!"

Julie was crying and Charlie pushed me towards her. I held my daughter for the first time since Christmas Eve and despite all the crap going on it felt good. I'd love to say she showed the same warmth to Charlie but you can't have everything. Maybe in time.

Brian was waving at me from the door to the courtroom, I turned back to Charlie.

"Do you want to come in?"

"Would you mind if I didn't?" She asked her eyes pleading.

"No, it's okay. I understand. Why don't you go and do some shopping." I suggested.

"Yeah, I might do that." She kissed my cheek and walked away.

Julie watched her go. "Why, Dad?"

"With you children married and gone your mum and I were two strangers living together. Stuff that had built up over the years like barnacles on a boat, it sunk us."

"Just scrape them off, dad. You were together for so long."

"We had a good run but we don't love each other anymore. There's no way back, especially now."

Like the petulant indulged child she had always been she stamped her foot and said, "No, daddy!"

She spun around and stormed off. I hoped that she would understand in the end. Brian poked his head out again, motioning frantically.

"They're about to walk in." He said loudly, so I went back inside.

After another stern warning from the chief judge, Nigel continued. He tabled a statutory declaration from the Lotteries that the jackpot won had totaled 33 million dollars. He then produced more affidavits from the people I'd given interest free loans too. Saying that I was trying to minimize the amount of money I could make and that the total value of these loans should be earning at least fixed term deposit rates.

Nigel paused to get a drink of water before calling for my sister to be brought in. Jackie strode in looking confident and at ease. Nigel spent twenty minutes grilling her trying to get her to deviate from the deposition she'd given earlier. Tom was very good at keeping him moving along. When Nigel tried to tie Jackie down on what exactly was said in our conversation before buying the ticket he jumped to his feet.

"Objection, your honour. This question has been asked and answered several times. We have indisputable proof the phone call took place several minutes before the lottery ticket was bought. Mr. Kerr is trying to make up for his complete lack of a case here by getting the witness to recall the exact wording from a phone call made nearly twelve months ago."

The judges got their heads together and murmured before the chief judge spoke.

"Mr. Arnott has a point Mr. Kerr. It appears you have met your match with this witness so I think it would be wise to stop wasting time and move on."

"Alright, your honour," Nigel said, exasperation showing on his face. "Can I just have another five minutes with this witness?"

"Yes, but please stay away from old, barren ground."

"Miss Blake, why haven't you spent any of the money you won?"

"You will have to get some updated information, Mr. Kerr. I have recently purchased a house in Balmain and a new car."

"How convenient, Miss Blake. Can I rephrase the question then and ask why you didn't spend any when you first received it? I'm sure most people would have a splurge when they had won the lottery."

"I needed the money to stay where it was."

"Because it wasn't really yours?" Nigel tried hard to make it conversational hoping Jackie would trip up.

"No, I was playing the futures market and I needed the money to cover any potential losses."

"Really," Nigel said in a mocking tone. "You needed ten million dollars to cover your futures trades? Come on Miss Blake this is, like a lot of your story, stretching the bounds of credulity."

"It's the truth."

"How much did you money did you have tied up with trades?"

Nigel was clutching at straws now. I'd seen Jackie's deposition and a figure was never mentioned. An old friend who worked in criminal law had once told me that he would never ask a question he didn't already know the answer too.

"Seven million." Jackie said without hesitation.

"Seven million," Nigel repeated incredulously. "That's one hell of a big bet."

"It's my money! I can do what I want with it." Jackie replied in triumph as the judges looked at each other nodding their heads.

Who would have the balls to risk seven million dollars of their own money? Let alone someone else's?

Nigel was done. He spluttered on for another three questions then gave up on breaking Jackie. Tom got up and said 'no further questions' and Jackie was on her way out the door. With nothing further to go on we were ready for the final summations from both sides. The judges called another short recess and Brian, Tom and I walked out leaving Rachel and her legal team in a huddle.

Once outside I couldn't suppress my happiness any longer. I danced a little jig while laughing manically. Brian and Tom looked on bemused until I finished.

"You seem very happy with yourself?" Brian stated the obvious.

"Did you see the look on old Nigel's face? When Jackie said 'it's my money!' Wow, he crumpled like a paper bag in a cyclone."

"You will still have to pay them something," Tom added with a serious look on his face.

"I don't care. It's been worth it to put the record straight about Charlie and me as well as watching Nigel come unglued."

Our discussion was halted by the appearance through the door of one of the juniors from Rachel's legal team. He walked hesitantly towards us.

"We will settle for five million." He said shifting nervously from foot to foot.

Brian and Tom looked at me for guidance and I told the young lawyer, "We'll let you know." Before turning my back on him.

He scurried back inside the court room.

"That's the figure you said you were willing to pay," Brian said quietly.

"Yes but do either of you think the court will give them that much?" I asked.

Brian and Tom looked at each other, then Tom nodded.

"No, they are running scared. I think they will struggle to get three, including the one you have already paid."

"And Nigel and his leeches, they will be getting a percentage of the total settlement?"

"I don't know what their fee structure would be." Tom replied. "Could just be a straight percentage or it could be fee for service plus a percentage."

"Well, fuck them. We will see what the judges say. I don't want to give those fleas one red cent more than I have too."

Back inside the court room Brian passed on our reply and we sat down waiting for the judges to return. The final statements went as I expected. Nigel played for sympathy, the marriage partner of twenty odd years abandoned and left destitute with no job prospects. He remarked about me throwing money at virtual strangers and yet having to be dragged through the courts to pay what is owed to my spurned life partner. The most incredible thing, he did it all with a straight face.

Tom simply pointed out Rachel's current position could hardly be described as precarious as she had considerable assets. While I had been generous with friends and family, he counted off the payments to my three daughters on his fingers, I still had money in the bank. Was I to be punished for being more prudent with my windfall? I'd been willing to pay out a fair share but felt her previous demands had been excessive.

When Tom sat down the judges conferred then the chief judge spoke. He thanked the legal counsel for the brevity of their summations. He said they had three more cases to hear that day but given the request for a speedy resolution they felt they could be in a position to give a judgement by late that afternoon if the other cases went as planned.

I went in search of Charlie while Tom went to his next case. Brian said he'd hang around the courthouse and keep in contact with the clerk to see if the judgement would be made today. Charlie was in a dress shop in the Canberra CBD. I followed her between boutiques for a while before convincing her that we needed some lunch.

We bought some sandwiches and walked to a park on the shores of Lake Burley Griffin. I attacked mine with the vigor of a starving man and was looking ravenously at Charlie's as she nibbled at hers. She offered me the last quarter and I devoured it as well. My hunger satisfied I stretched out on the grass under a tree and dozed off. I was catching up after a restless and nervous sleep the night before. Charlie lay down perpendicular to me and rested her head on my stomach. We were both asleep when my phone rang.

It was Brian. The decision would be handed down between three thirty and four that afternoon. He sounded very chirpy and when I asked why he said he felt the quick verdict was a good sign for us. We got up and walked to the road to flag down a taxi. Despite our afternoon nap we both felt more tired than ever.

When we got back to the court building we found Brian and my sister in the Cafe. After consulting his watch he led us to the administration area. I thought we would go back into a court room but he said the judgement would just be given to us in a written form and then posted on the website the next day. Charlie and I sat in a couple of chairs off to one side while Brian went to the front desk. Before he got back Rachel, Jacques and their entourage arrived. They kept their distance from us and turned their backs.

Brian came back and told us there was nothing yet. The lady he'd spoken to had said that the judgements usually turned up by four but sometimes were delayed. We stayed where we were and tried to avoid looking at the other group across the room. Finally the girl behind the counter called out to Brian and Mr. Kerr. She handed them both a single sheet of paper which they both studied as they went back to each group. Brian looked at me with a poker face and passed me the document.

"Just tell me what it says," I snapped.

"Bottom line, two and a half plus fifty percent of the family home sale price." Brian replied with a smirk.

"Including the one million I've already paid or on top of it?"

"Including," Brian confirmed,

"Holy shit, so I've only got to pay one and a half?" I couldn't believe it.

"Let's go and celebrate!" My sister chirped.

"Wait up," I cautioned. "Is that it? Are we finished?" I asked Brian.

"Well they could take it to the High Court but so far the High Court has never overturned a family court appeal. They consider themselves constitutional law makers and don't like to get their hands dirty in domestic affairs. It's also hellishly expensive."

"So, he's won!" My sister confirmed but I saw Brian was about to say something else.

"For now yes. Unfortunately there is no definitive end to the family court process. At any time in the future either party can partition the court to re-visit the matter but without any new evidence it's highly unlikely."

On cue there was a commotion breaking out across the room. Nigel and his team were walking away with Rachel following demanding answers.

"But you said... How can they... It's not right... There must be something?"

She stopped and they kept going. She turned to look at Jacques but he shrugged his shoulders and followed the lawyers out. At that moment Rachel looked across at me. The bravado was gone and she was close to tears. It was as vulnerable as I'd seen her in twenty years. She pulled it together, straightened her coat and walked out after her beau. The echo of her heels clicking on the polished concrete the only sound. I'd won, but at that moment I didn't feel like a winner.

I fronted the administration staff and organized the transfer of money into the trust account. Then at Jackie's insistence we went to the nearest bar. A bottle of their most expensive champagne was procured and we sat down together. I tried to join in the festive mood but my heart wasn't in it. I excused myself and went to the restroom. I washed my face and my hands and studied my reflection in the mirror for a long time. When I walked out of the restroom door I almost ran into Charlie.

"I was about to organize a search party." She said, her eyes were wide and her cheeks flushed with champagne.

Seeing my expression, her exuberance mellowed and she placed her hands on my face.

"Why the long face?"

"There's something I've got to do. I'll be back as soon as I can."

"Do you want me to come?"

"No, no it's something I've got to do myself." Charlie tilted her head to the side encouraging more of an explanation. "I've got to say goodbye."

"Part of you still loves her, doesn't it?" She said softly.

"Only a small part but I guess it always will. The last time I spoke to her I said some awful things. I don't want to finish it like that."

"You really are the most extraordinary man, Jeffrey." Charlie pulled my face down and kissed me on the lips. "Now, you hurry back, alright?"

I nodded and she kissed me again before going back into the bar. I went out the front door and looked around for a taxi. I was sitting in the back of one before I realized I didn't know where I was going. Inspiration struck.

"Which is the most expensive hotel in Canberra?"

"That would be the Hyatt, mate." The driver answered.

"Alright take me there. No wait. Take me to Peppers Gallery Hotel first. I have to pick something up, then the Hyatt."

"You're the boss," the driver said smiling as he drove back into the traffic.

At the Hyatt the receptionist wasn't very helpful. She wouldn't confirm that Rachel was staying there. It didn't help that I told her I was Rachel's ex-husband. I expect thoughts of bad publicity from a domestic dispute in the lobby wouldn't be good for business. I was about to give up when I spotted the member of their staff wheeling a trolley piled high with expensive luggage. It was a long shot but I took a seat facing the reception desk in the high tea area and ordered a coffee.