This House of Grief: The Story of a Murder Trial (12 page)

‘Yes,’ whispered King, flinching and changing colour.

Morrissey reared back and plunged his hands into the sleeves of his gown. ‘Did you
ring Cindy Gambino,’ he asked, in a tone of incredulous challenge, ‘and let her know?’

Gambino uttered a single sharp cry, and began to sob aloud.

‘No,’ muttered King.

No? What about the police? No? The teacher at the school? No? Did King call Robbie
the next day and say, ‘Robbie, you were saying some way-out things—how are you travelling?’

‘No.’

King had had a lot of bad dreams about this, hadn’t he, since he learnt of the children
being drowned in a horrendous way in the dam? Yes? His ability to sleep was effectively
destroyed at that time? And he had visions? Visions meaning waking pictures in his
awake mind? Visions he could not control, right? They kept butting in on him, no
matter how he tried to close them out? Visions of the children drowning? Yes? Dying?
Terribly upsetting visions?

King stood there sweating, gripping the rail of the stand. His face hardened, blanched,
turned dark. In these few minutes he seemed to have aged ten years. ‘Yes,’ he whispered.
‘Of the kids. Yes.’

And the visions King had, said Morrissey, were of Robbie being very bad, weren’t
they? Telling King he was going to kill the children so as to upset Cindy? And these
visions remained untreated until King went to get counselling in December 2005 or
January 2006?

Untreated
. I sat up. Was Morrissey going to pathologise poor
King and his horrible
visions?

‘You’ve got your own kids, correct?’ said Morrissey. ‘You were shocked and upset
when you heard about the death of the three kids? And then you struggled desperately
to remember the conversation you’d had with Robert Farquharson two months previously?
You had a lot of trouble remembering that conversation in any detail, right?’

King, choking, stuck gamely to his estimate. ‘I was eighty per cent sure.’

‘You claim Mr Farquharson said he would do this on Father’s Day? So everyone would
remember it? And he would be the one to have the children for the last time, not
her?’

‘That’s what he said.’

‘And then every Father’s Day Cindy would suffer for the rest of her life?’

‘That’s right.’

‘Did you say, “You don’t even dream of that, Robbie”?’

‘Yes.’

And yet, said Morrissey, King did not raise the fish-and-chip-shop conversation after
that day with anyone except his wife, Mary?

No, he didn’t.

Then the children died on 4 September? King made his statements to the police? He
made the first secret tape and handed it to the police at the Modewarre boat ramp?

‘That’s correct.’

‘And after
that
,’ cried Morrissey triumphantly, ‘you went on a
skiing holiday
!’

This was too much even for the battered King. He straightened
his back and protested,
‘Ye-es! Up to me brother’s!’

Morrissey stormed on. After all his secret taping and his
four
statements to the
police, did King go into counselling at the Bethany Support Centre to deal with the
intrusive visions, nightmares and problems that he was having?

He did.

King knew the Farquharson boys, right? He would never have exposed them to any danger?

No, he would not.

And
because of his upset state of mind
, King had got the details of the fish-and-chip-shop
conversation horribly wrong, hadn’t he? Up to the point where he said Farquharson
had nodded towards his children through the window of the fish-and-chip shop, all
right, that was fair enough—but everything else was stuff he had added in his later
statements, was it not? Robbie never said he was going to kill them, did he? He never
said he was going to drown them in a dam on Father’s Day, did he?

Yes, yes, he did.

What he said to King was no more than a separated bloke’s grumble outside the fish
shop on a Friday night, wasn’t it?

No!

And if King had really told his wife all these terrible things when he got home with
the chips, then how come Mary King said in her witness statement, and at the committal
hearing, that she had absolutely no memory of being told any such thing? Surely their
kitchen couldn’t have been
that
noisy?

Their house was always noisy.

By the time he came to write out his statement for the Homicide
detectives, three
months after the fateful Father’s Day, King could no longer distinguish facts, could
he, from the visions he’d been having in the
very disturbed state of mind
he’d been
in since the children drowned?

‘It all come back to me,’ said King wretchedly, ‘in the night I got the phone call.’

Morrissey was on a roll. Robbie’s so-called
dream
in which ‘the kids go into the
dam, I survive and they don’t’—where was this dream in the police statements? It
wasn’t there, was it? It had vanished from King’s memory! Would King agree that there
was a major, major difference between Farquharson saying on the one hand, ‘
I’ve had
a dream that I go into the dam and the kids don’t get out but I do
’ and, on the other
hand, ‘
I’m going to kill them in the dam, it’ll be an accident where I survive and
they don’t
’? One’s a dream, isn’t it? And the other’s a threat, a reality? Did King
see the difference?

Yes. King, roasting on the spit, could see the difference.

His memory had been destroyed, hadn’t it, by the trauma he had gone through? He’d
been treated for post-traumatic stress disorder, had he not? He had even come to
see himself, hadn’t he, as a victim of crime? Had he, in fact, made a claim for money
at the Victims of Crime Assistance Tribunal, on the basis that he was a primary victim
of crime?

‘I’ve got a form to fill out, yes,’ whispered King.

Morrissey rested his palms on the edge of the bar table, and lowered his voice from
the thunder of oratory to a kinder, more conversational level.

‘I know I’m crossing swords with you on some things,’ he said.
‘The reality is that
you have been terribly traumatised. And you’re not lying about that, are you. It’s
still something that causes you trouble now?’

‘I just want this over,’ King burst out, in a voice cracked with tears.

‘You’re looking for something to finish the pain you’re in, correct? In the days
after you heard the terrible news that the children were dead, you told the police
you were pretty wrecked? You said you had to get it off your chest? It had been going
over and over in your head? You couldn’t put it all together? You were crying constantly?
It was eating you up? It was freaking you out? You shook? It was killing you? You
were being placed under intolerable emotional stress? You were scared you were going
to have a nervous breakdown? You couldn’t sleep?’

‘I was under too much stress,’ said King obstinately, sensing he was being led somewhere,
not sure whether he should follow. ‘I was traumatised.’

‘You wanted to get it off your chest because that might give you some relief from
the horrible tension you were undergoing?’

‘Yes.’

‘What I’m putting to you,’ said Morrissey, ‘is that your memory is playing you tricks
because of the terrible situation you’re in. If Mr Farquharson had said anything
like
the extreme things that your evidence contains, you’d have done something about
it, Mr King, wouldn’t you—if he really said it?’

‘He said it,’ muttered King between clenched teeth. Then, in his misery, he broke
out again, ‘Why would I lie about something like that?’

‘You saw it as being of therapeutic relevance to you, to come to some sort of memory?’

King stared at him.

‘You needed to remember something in order to get better?’

‘It was coming back to me in bits and pieces,’ King insisted.

‘The trouble is,’ said Morrissey, ramping it up again, ‘what you’ve done is to put
extreme and terrible words into Mr Farquharson’s mouth which he didn’t say. The reason
you didn’t call Cindy, the police, or anyone else is because these extreme statements
that you attribute to Mr Farquharson were not made at all!’

‘Why would I?’ cried King. ‘Why would I want to go and do
that
to somebody?’

…

It was four o’clock. The judge excused the haggard witness and sent the jury home.
Mr Morrissey’s fighting posture loosened and he gave in to his harsh, barking cough.
His skin looked pale and waxy. He wiped sweat from his brow with the sleeve of his
big black gown. ‘I’m worried about him,’ whispered Louise. Justice Cummins too, as
court rose for the day, gave him several concerned glances. Perhaps this performance
of ferocity was violating something in Morrissey. I wondered if he was getting any
sleep, what his dreams were telling him, and if he could afford to pay them any attention.

…

Next morning my brother, a chef, chanced to walk past the coffee cart on his way
to the Victoria Market. He stopped to say hello, and I introduced him to Bob and
Bev Gambino. While the two men keenly compared notes on the beauties of squid and
how to clean and cook it, Louise and I turned aside with Bev. I asked her how they
were managing. I did not expect a detailed reply, but in her gentle, friendly voice,
not dramatising it or trying to impress, she offered one.

‘You’ve got this
mask
all over you,’ she said, and made a huge gesture with her flat
palms down the front of her person, from forehead to knees. ‘You get up. You drive
to work. You take the mask off and you do what’s expected of you. Then you drive
home, and on the way the mask comes back, so you can handle everything that’s going
on there.’

I looked at her in confusion. I could hardly correct her, but wasn’t her image the
wrong way round? Wouldn’t she need the mask
outside
her home?

‘See,’ she went on, ‘we haven’t been able to grieve for our boys. All this has been
hanging over us like a cloud for two years. We have counselling. They teach you techniques.
But it goes so deep. It cuts you to the bone.’

…

The journalists came bouncing into the court. One of the commercial radio guys slid
into the seat beside me. Had we watched
MythBusters
last night? It was about opening
car doors under water. Apparently you can’t do it till the car fills up and the inner
and outer pressures equalise.

I said in a low voice, ‘So, what does this mean? About Jai opening…’

He turned his whole body in the seat so that his back was towards Farquharson’s family,
and mouthed at me, as if to a simpleton, ‘It means he’s lying.’

I glanced across at Mr Rapke, leaning back in his cushioned swivel chair, one hand
clamped around his jaw. He looked like a general in possession of an arsenal packed
with weapons so fearsome and so accurate that I contemplated him with awe.

…

Greg King presented himself for the final round of the defence’s attack on his credibility.
The shirt he had put on that morning bore an image of his ordeal: it was white, with
fine black vertical stripes, and printed on its chest was a shatter of black and
crimson, like words exploding in a gush of blood.

Today he would be painted by Morrissey as a pathetic figure, a broken man whose nerve
had weakened and snapped, whose word could not be trusted—and not because he was
a bad person, but because he could not help himself. He had ‘mental issues’. He was
so demoralised and damaged that he had learnt his statement by heart and simply recited
it to the court instead of answering questions afresh. Worse, by allowing the police
to wire him he had disgracefully betrayed his mate’s trust. Morrissey laid on the
pathos with a trowel. Robbie was a pretty lovable bloke, wasn’t he? Hadn’t he spoken
to King in a confiding way, as a friend? Hadn’t King himself become emotional and
tearful during the conversation, even though all that
time he knew he had a tape
recorder
running secretly in his clothes
?

King squirmed and sweated. He kept pressing his hands into the small of his back,
like someone in pain. Again and again, to explain the sporadic return of his memories,
he pleaded stress and confusion. His voice trembled and cracked. ‘He’s a good mate,
you know.’ He could no longer hold back his tears.

‘He’s not a good mate for nothing, is he?’ said Morrissey sternly. ‘He’s a good mate
because he’s a good
person
.’

‘He’s my mate, yes,’ wept King.

‘And you saw him, didn’t you, at a footy club junior presentation, with Bailey in
his arms, on the Friday night before Father’s Day? Wasn’t Cindy there too? If there
was any truth in your memory of these threats, wouldn’t you have warned her that
Robbie was planning to murder the kids in two days’ time? Your memory of the fish-and-chip
conversation is false, isn’t it? Isn’t it false?’

But somehow, in his strangled, suffering way, Greg King stood firm. He drew it up
from the depths of himself one more time, in a hoarse whisper: ‘It’s true.’

I indulged myself in a long, slow, careful look at the jury. They were sitting erect,
focused, with clear eyes and solemn faces.

…

Greg King’s wife, Mary, was a slender, long-haired young woman in a fashionable trenchcoat.
On the evening of the notorious fish-and-chip-shop encounter, Greg had come back
late with the chips and thrown out her timing. The chops were burning. She was short
with him. All she wanted was to get the chops off the grill before they
were inedible,
and feed the four kids. She did not remember being told what Greg and Robbie had
talked about down at the shops. She had no memory of being told that Robbie planned
to murder his children. She didn’t know if Greg had discussed it in detail with her,
because she didn’t remember. She was busy doing other things. Mime disbelief as he
might, Morrissey could not rattle her. She simply declined to engage with him about
it. She was phlegmatic, unruffled, a study in refusal; yet where one might have expected
her to appear evasive, she showed instead a stolid, housewifely composure.