Chapter Twenty-Four
“April Daphne Pope, the purpose of this hearing is to determine if charges should be brought against you in the matter pertaining to the alleged kidnapping of Marie Katherine Pope.”
April took a deep, steadying breath as Justice Chalmers, a grey-haired woman in her fifties, began reading her judgement. They’d been in Brisbane for the past week, preparing for this moment. The hearing had lasted two days already and April had bitten her nails right down to the beds so that now all she had to chew on were horrible tasting scabs.
Already a long list of people had given testimony, her foster parents Penny and Rod Heffernan, the inspector from the Department of Children’s who had assessed their living conditions and some Queensland Police Detectives who’d handled their missing persons case. It had all passed in a surreal blur that April barely remembered. Predictably, none of these witnesses cast her in a good light.
The Heffernan’s insisted she was a broken teen who’d gone wild after the loss of her parents and that she’d been too much of a handful to care for. When asked why it had taken two years to report her crime, they’d claimed that they feared for their own safety, that April had somehow threatened them so convincingly that they had no choice but to follow her will, even insinuating that perhaps April had something to do with her parent’s horrific murders. Absurdly, they also insisted that despite April’s supposed homicidal tendencies, they always knew Marie would be perfectly safe with her.
The Department of Children’s inspector was ruthless in her assertions that April was a trouble maker. She insisted that the living conditions provided by the Heffernan’s were adequate and that the reason no follow-up visits were scheduled was because their office lacked the manpower. In fact, the only reason that a follow-up had occurred two years later, when the disappearance was discovered, was because April had turned eighteen and needed to be processed out of the system.
The Queensland Police officers were more objective in their testimony, simply outlining the steps they took to find the missing girls. They admitted their efforts were hampered by the time discrepancy from when the girls actually went missing and when they were reported missing, and also by the girl’s relocation interstate. When questioned whether April hid her identity by fraudulent means, an officer sheepishly admitted that April had taken no steps to cover her tracks when filing her taxes or listing her address. About the only evidence they could find that April had committed fraud was when she enrolled Marie in school as a parent rather than a guardian, which would have required documentary evidence to support the claim.
But it was the testimony of the people of Peters Junction that really lifted her spirits. Grant, Father Compton from the Anglican Church and Simone Burley, Marie’s school principal, all attested to her good character and care of Marie. Even Marie and April had been questioned extensively.
Now, April’s hands trembled as she waited to hear the judge’s decision. A steadying hand gripped her shoulder and April pressed her cheek into it, drawing strength from the man standing behind her.
“Ms. Pope, your action in removing your sister from state-approved care is a serious charge and cannot be viewed lightly. Your later actions to fraudulently enrol your sister in school by falsifying information on an official document, is also a serious charge. However, there are circumstances that must be considered. The failure of your foster parents to report your disappearance whilst still claiming a fortnightly payment for services they were no longer rendering, would lead me to believe that their actions were motivated by greed and not by the best interests of you and your sister.
“Furthermore, your repeated complaints to the state regarding your living conditions largely went ignored, and the department’s subsequent lack of follow-up assessment would lead me to conclude that they did not provide adequate care and responsibility for you and your sister whilst you were considered their wards.
“Finally, your own actions since moving to Peters Junction, as attested to by the respected members of your community, would suggest that you have more than adequately provided for your sister’s needs and that your intentions were never to do her harm. I am most swayed by the testimony of Father Compton. Despite not being a part of his congregation either before or since, you sought him out soon after arriving in the town and confessed your situation, asking him to step in should you be unable to take care of your sister and insisting that you intended to turn yourself in after your sister graduated high school. Those actions lead me to conclude that your motives were purely selfless.”
April frowned. She was finding it difficult to concentrate on what was being said, but this didn’t sound all negative.
“Therefore, it is my judgement that although your actions were extreme, at sixteen years of age, having already suffered a trauma, and with no suitable adult influence, you believed them to be your only options. Furthermore, as you took no further steps to compound your actions once you had settled into your new community, or after you reached the age of majority, I see no reason to apply an adult responsibility to actions that were taken whilst still a minor. It is my ruling that no charges be brought forth against Ms. April Pope in the kidnapping of Ms. Marie Pope.”
The room erupted in a chorus of voices.
“What?” April mumbled confused. She turned to Glen Blake, the elderly lawyer who stood smiling beside her.
“It’s over,” Lachlan murmured in her ear and his grip on her shoulder tightened.
“Further,” Justice Peters continued and the crowd quickly quieted. “It is also my recommendation that Mr. and Mrs. Heffernan be investigated on charges of child neglect and that an inquiry be launched against the Department of Children’s for their failures regarding these two young women.” She turned her head and addressed April directly with her next words. “Ms. Pope, you are free to go.”
“Wait,” April burst out. “What about Marie, who gets custody?”
Justice Peter’s frowned over her glasses. “These proceedings were never about determining custody of Marie, which has to be taken up directly in the family courts. However, as your sister is now seventeen, she is of an age to choose her own living arrangements—”
“I want to live with April,” Marie yelled from beside Lachlan, who quickly hushed her while smothering a grin.
“As I was saying,” the judge continued, although a small smile played on her lips, “Marie can choose her own living arrangements and all she need do is sign a few papers with Department to claim her independence.”
April felt herself dragged backwards as her sister gripped her firmly around the shoulders and hugged her tight. “Let’s go home,” Marie whispered into her ear and she nodded, tears streaming down her face.
“Ms Pope,” Justice Chalmers called her attention back to the front of the room. “These proceedings were only to cover crimes committed in the state of Queensland. You may yet be charged with fraud in South Australia for falsifying information on official documents when you enrolled Marie in school.”
April nodded her understanding, but she had already discussed the possibility with her lawyer and he was of the opinion that too much time had passed since the offence occurred. If she was charged however, her age at the time of the offence and the circumstances would likely result in a slap on the wrist or a small fine. It was highly unlikely a criminal conviction would be pursued.
Outside the courtroom, a mass of media stood waiting to ask questions. Lachlan put his arm around her to guide her through, but she stopped him with a placating hand in his chest. “We may as well get this over with now or they’ll just follow us home.” He gripped her shoulder firmly in a show of support and guided her into the throngs.