CHAPTER TWENTY-FIVE
On Monday morning, I sat at my desk reading a new brief, when I got a call from our new Floor receptionist, Elizabeth, who said Wayne Newhouse was on the line.
On the line? Why didn't the lazy bastard stroll around and see me? "Alright, put him through."
"Will do."
After a pause, Wayne sounded a little strained. "Mate, it's Wayne. Afraid I've had some bad luck: broke my leg skiing."
"You're kidding?"
"Nope. Hit a tree."
"That was bloody stupid."
"I know, I know. I tried to ski around it, but it wouldn't let me."
"Are you going to be OK?"
"The doctors say I'll be fine, eventually. I'm in Cooma Hospital right now; I'll be here for a couple of days. Then I'll have to lie around home for a couple of weeks. Anyway, I need a favour."
An image of Tania Carmichael jumped into my mind and something wet slithered down my back. Christ. "What?"
"The sexual harassment case against Hoogland is set down for hearing on Wednesday. I can't make it. Your mission, should you choose to accept, it to appear for Tania."
Damn. I was right. I thought I could sit in a front-row seat, scoffing popcorn, while Wayne and Hoogland slugged it out. Normally, I would not have worried about annoying Hoogland and his small band of acolytes. They were on the periphery of my life and could not harm my career. However, my relationship with Hoogland changed dramatically when he offered me a lucrative junior brief in a corporate kickback case. If I appeared for Tania, I could kiss that brief goodbye before I even received it. Hoogland was not the sort of good sport who would accept I was just doing my job. He would become my sworn enemy in this life and the next.
I tried to wriggle my way out. "Does Tania want me?"
"Yes, I've spoken to her. She's happy for you to take the brief. It'll be on a contingency basis, of course. I hope you don't mind."
That was the least of my concerns. I kept wriggling. "Why does she need me? Lots of solicitors appear at sexual harassment hearings."
"True. But her solicitor - a guy called Vince Davies - is pretty hopeless and he's worried about appearing against silk."
"A silk? Who's Hoogland briefed?"
"Toby Hendricks."
Hendricks was a commercial barrister on our Floor, noted for his imposing helmet of silver hair and fine features rather than his legal talent. "This matter gets more ridiculous by the minute. Briefing silk for a hearing at the Human Rights Tribunal is total overkill."
"Hoogland doesn't know the meaning of the word. His first instinct is to bully. He wants to intimidate the Tribunal Member and whoever appears for Tania. That's why she needs someone with a bit of mongrel who won't get pushed around. Will you take the brief?"
Of course, I could lie that I was not available. But Wayne was a good mate and, if I didn't represent Tania, she would have a lot of trouble finding a new barrister, particularly at short notice. I tried not to be idealistic. But I didn't become a barrister to let people like Hoogland walk over people like Tania. I issued a huge internal sigh. "Sure, I'll do it."
"Great. Thanks, mate - you're a champion. I really appreciate this. Like I said, my instructing solicitor is a guy called Vince Davies. I'll tell him to contact you."
"OK. Where's the brief."
"In a lever-arch folder on my desk. The documents are all neatly arranged for once. Give him hell."
I hung up and trudged around to Wayne's room, deeply annoyed that I was about to forfeit a lucrative junior brief. I had been mentally spending the huge sums I would receive. Now, I mentally de-spent them. I located the folder on his desk, carried it back to my room and read through it.
Fortunately, it looked like Tania and Hoogland would be the only witnesses at the hearing, so it would be fairly short. I read through their affidavits. Tania's chronicled the numerous occasions on which Hoogland made suggestive comments or touched her without permission, until he groped her in his room. In his affidavit, he denied all her allegations, of course, and claimed she was sacked for incompetence.
The next morning, I met with Tania and her instructing solicitor, Vince Davies in my room. I had told them to come straight around, lest they meet Hoogland in the reception area. Tania was the first to enter, looking tanned and tense, with Davies behind her. He was a thin guy with a weak moustache that summed him up.
Tania thanked me profusely for agreeing to appear for her.
I shrugged. "Think nothing of it."
"I hope this won't cause you trouble on the Floor. Hoogland won't be happy."
No point bleating about the fantastic brief I would lose. "Don't worry, we're not jogging buddies or anything like that."
"Good."
"Anyway, sit down." They sat facing my desk and I retreated behind it. "I've read your affidavit, but I want to hear from you what happened."
She sat straight as a board and nervously repeated the material in her affidavit. The culmination of the harassment came when she delivered some mail to Hoogland's room and he pushed her up against a bookshelf.
She shuddered and sobbed. "He put his hands all over me. It was horrible."
"What did you do?"
"Pushed him away and escaped. After that, he told the clerk I was hopeless and he should sack me."
"And that's what happened?"
"Yes. Jeff fired me. I was only on probation. It was easy." She resumed crying.
I had no doubt she was telling the truth. However, that did not mean she would win the case. The presiding Tribunal Member would be very reluctant to find that a senior silk told him a bunch of pork pies under oath. He would know that, if he did, he would seriously damage Hoogland's career and maybe his own. The Tribunal Member would be impartial. But he might not have guts.
Tania gave me a red-eyed but steely stare. "He shouldn't be allowed to get away with that. It's not fair - not fair at all. He should pay."
Anyone who thought the legal system was a vehicle for fairness was severely deluded. However, it was too late to pick apart the system. I had to build her confidence. "Don't worry, he will."
"If I win, he'll have to pay damages, right?"
"Of course. But not a huge amount, I'm afraid. The Human Rights Tribunal does not award big damages in these sorts of cases, probably because the victims of sexual harassment are not rich white men. If you're lucky, you'll get somewhere between $30,000 and $40,000, out of which you'll have to pay your costs."
"What are my costs?"
I glanced at Vince Davies, who said: "Mine will be about $10,000."
That was very reasonable.
I looked at Tania: "And I won't charge you anything."
"You won't?"
"No, I don't charge friends."
"Thank you."
"Of course, if Hoogland is prepared to pay a decent sum and provide a good job reference, you should settle. Will you do that?"
"Of course."
The solicitor said: "We've already had a compulsory settlement conference. Hoogland said he wasn't interested in settling."
I said: "It was easy for him to talk tough back then. He might change his tune tomorrow morning when he sees the whites of our eyes. If he doesn't, we'll just press on. Any questions?"
They shook their heads and stood to leave.
I said to the solicitor: "I understand Hoogland has briefed Toby Hendricks?"
"That's right; that's why I told Wayne that Tania needed another barrister."
"Fair enough. Does Hoogland know I'm appearing for Tania?"
"I told his solicitor this morning, so I guess he'll know fairly soon."
They disappeared and I read Hoogland's affidavit again, looking for weaknesses to attack during cross-examination. In the back of my mind, I wondered how Hoogland would react when he found out I was appearing for Tania. Would he keep his distance? Or try to pressure me? I expected the later and was right. After about 30 minutes, I heard footsteps and loud - almost angry - breathing. I looked up. My Head of Chambers stood
in the middle of my room, dead-fish eyes blazing and pallid cheeks glowing.
I hid my surprise. "Hello Derek, what's happening?"
He scowled. "Norton, you're acting for that woman, aren't you?"
His rudeness steadied me. My heart cooled and I leaned back. "What woman?"
"The former receptionist on this Floor. There's a hearing tomorrow. Wayne Newhouse was acting for her. My solicitor says you've taken the brief."
"Yes, I have. Wayne broke his leg while skiing. I've stepped into the breach."
A crimson scowl. "You shouldn't have done that."
"Why not?"
"I'm your Head of Chambers. We're colleagues. You should have shown some loyalty."
Anger heated my skin. "Why? I'm a barrister. That means I represent whoever comes through the door."
"You could have found an excuse."
Now the gloves were definitely off. "I could, but that would be slimy."
"This case against me is rubbish - complete rubbish. I never touched her. She's bitter because she was sacked for incompetence."
I recently won a murder trial against the odds and learnt a good friend would go to prison for several years. Both events had significantly reduced my tolerance for bullshit. "Don't insult my intelligence. We both know you're a groper. The only question is whether I can convince the Tribunal Member."
"That won't happen - your client has no case."
"You're being very foolish. You've got a lot more to lose than Tania."
"Why?"
"We both know you're going to tell a lot of lies in the witness box. If you're lucky, you'll fool the Tribunal Member. But, if he makes an adverse finding about your credit, the Bar Association will stick your head on a pike and display it outside the Supreme Court building. You might even be struck off. You can certainly kiss goodbye to a judicial appointment."
"Don't make me laugh. That won't happen. The Tribunal Member will believe a silk rather than a receptionist."
I always thought that a good lawyer can stand outside himself and assess a case objectively. On that basis, Hoogland got a big fat zero. "You're taking a huge and pointless gamble. Give Tania some money and a good reference, and save yourself a lot of trouble."
He looked around disdainfully at my clutter. He obviously associated tidy offices and clean desks with orderly minds, the way fools always do. A sly look. "If you appear for her, we obviously can't work together - you understand that? You won't get that junior brief."
"Are you trying to buy me off?"
"Of course not. I'm just stating the obvious."
I shook my head. "You know, I recently represented a heroin dealer. But he was a better man than you. At least he took responsibility for is actions. You can't even do that. Now, you've wasted enough of my time. I've got to prepare for tomorrow morning. I'll see you at the tribunal."
"Bastard." He stalked from the room and I realised, with relief, that I wouldn't have to be nice to him anymore. I was also right about Tuan Ho. He was a better man.
My heart-rate went back to normal and I stared out the window, pondering my next move. The bastard would be truly sorry if the news media reported on the hearing. Indeed, maybe I should ensure that happened. I reached for my phone and called Carole Rolfe, the court reporter for the Sydney Morning Herald.