Crisis of Identity

I glanced over at Dawes to gauge his reaction, upon hearing about the interview being recorded. I couldn’t help but smile when his mouth fell open.

Georgie placed a hand on my shoulder and leaned in close. ‘How does a cop forget he was being recorded,’ she whispered.

I shrugged. ‘Who knows…?’ I whispered over my shoulder. ‘Maybe he was so focussed on his attempts to solve this cold case, everything else paled.’ Georgie sat back.

The Magistrate fumbled through some papers. ‘Yes. I have the transcript.’

I direct Your Honour’s attention to the opening paragraph, sir, where Ms Gould asks Mr Dawes to introduce himself by name, which he does.’ Miles turns to Dawes’ lawyer. ‘I suggest there is no dispute the voice is that of Mr Dawes…’ he said before continuing. ‘Ms Gould also records Mr Dawes’ comments agreeing to their conversation being recorded.’

‘Yes. I see that…Thank you.’

’I further direct Your Honour’s attention to page three, paragraph two…. where Mr Dawes shows Ms Gould a series of photographs that includes a police digitally aged photo of what the police suspect the missing boy would look like today. In this same paragraph Mr Dawes said, “Jayden Evans now lives in Perth with the family who kidnapped him twenty-five plus years ago.”

‘Ms Gould then asks, “Are you able to say who that family is…?” Mr Dawes replies, “Absolutely… I have uncovered irrefutable evidence that the people who took him are Vicky and Ross Miller. They were originally from a Gold Coast neighbouring suburb to Jayden Evans’ family. Ross Miller has since passed away. After they took him, they renamed Jayden and they now call him Kade…”

’At paragraph six, Your Honour, Ms Gould asks Mr Dawes, “Are you of the opinion the evidence you have in relation to this investigation will sustain vigorous challenges and cross examination in a court trial?” Dawes replied, “It’s a lock… This case is so strong you can put your house on it…”

‘Your Honour should also have a copy of the article in question that was published in the West Australian newspaper…’

‘I do…’

’Your Honour will note that the words Mr Dawes spoke during the interview, as appearing in the transcript, are an exact match to the quoted words published in the newspaper article.

‘It is our position, sir, that the respondent’s claim he was misquoted is without basis. You will further note, sir… Should this matter proceed to a hearing, we will be calling Ms Gould as a witness and she will present her recording of the conversation she had with Mr Dawes.’ Miles took his seat.

The Magistrate slipped off his glasses and leaned on an elbow. He glared at Dawes’ lawyer. ‘I’m somewhat confused Mr Kent…’ the Magistrate began. ‘As to how you intend to present a defence that your client was misquoted when it is more than evident your client made these comments.’

Dawes’ lawyer lifted a finger to the Magistrate. ‘One moment, sir, while I confer with my client.’

‘Make it quick…we have a full list today, Mr Kent.’

The lawyer moved from his chair and slid in beside Dawes. After about three to four minutes that included lots of pointing, waving and whispering, the lawyer returned to the bar table. ‘Sir. I have consulted with my client and we will now be challenging the matter based on a defence of Truth.’

Miles shot to his feet. ‘Which defence is it, sir… First Mr Dawes was misquoted… Now he wants the court to accept his comments were based on fact, thereby being truthful… Your Honour, it is our position that Mr Dawes is wasting our time and that of the court…’

‘I tend to agree, Mr Davison…’ the Magistrate said. He glared at the defence table.

Dawes’ lawyer stood. ’Sir, the comments my client made to the journalist were based on factual evidence he located during his protracted investigation. Therefore,sir, if this matter were to proceed to a civil hearing, we will be claiming the defence of Truth... It stands to reason, sir… My client’s comments cannot be defamatory, if they are truthful.’ The lawyer resumed his seat.

Miles stood. ‘Sir, you will note in the documents filed in our writ, which I understand you have copies of, includes a certified copy of a Western Australia birth certificate for Mr Kade Ross Miller—my client,’ he said gesturing to me. ’Verifying he was born in Karratha, Western Australia on 16 January 1991.

’Also included in the submission, sir, is a number of photographs of what I suggest are typical photographs of proud new parents… in this instance, photos of my client, Vicky Miller, along with some photos of her late husband, holding their newborn son, Kade Miller in the days following his birth.

‘Your Honour will note from these photographs before you that Kade Miller is clearly much younger than the three years of age Jayden Evans was when he went missing… an irrefutable fact in the timeline of events, sir.’

Miles sat down while the lawyers for Dawes presented their evidence to support their position that Dawes’ comments were based on the facts he discovered during his investigation.

None of the evidence presented to the court was conclusive, some was circumstantial at best. But none showed Dawes was justified in making his comments to the journalist, a point Miles reinforced on a number of occasions.

When Dawes’ lawyer finished presenting their facts the Magistrate said, ’I’m afraid I don’t understand why this matter was not settled through mediation, Mr Kent… You have not presented any evidence to support a defence of truth. If your client makes damning and harmful accusations against another person’s character and integrity… he must be able to prove his comments are factual, even more so, when you are relying on a defence of Truth…

‘What about this birth certificate…’ the Magistrate said. He lifted the document from his desk. ’Which is certified as being a true copy of an extract from government maintained records?

‘If you are not in a position to challenge the veracity of this document and at any subsequent hearing it is accepted as tendered… Your defence of Truth cannot succeed.’

‘Sir, we will be challenging the birth certificate…’

‘How do you intend to do that…?’

‘We are currently waiting on some records that once received, will support our position in relation to this birth certificate.’

The Magistrate lifted the Birth Certificate. His voice firmed. ’This is a certified copy of a government record, Mr Kent. How on earth do you intend to discredit it…? Do you have a witness from the Registry of Births Deaths and Marriages who will attest to falsely creating this document, or something…?’

‘No, sir…’

The Magistrate waved the back of his hand. ‘Alright…’ he barked. ’I’ve heard enough. ‘First you try to convince the court that your client was misquoted in the newspaper article. When the evidence before the court demonstrates this was clearly not the case, you change direction and now wish to lead the defence of Truth…’

‘With all due respect, sir…’ the lawyer began. ‘We haven’t changed direction, as such. It is my understanding that both defences were relevant… We just selected the one we considered more relevant. As it turns out, it was the wrong choice, so we amended our defence to a Truth defence.’

‘I’ve heard enough, thank you, Mr Kent. I have no option but to adjourn this matter for hearing. I strongly suggest, Mr Kent that you reconsider your attempts to mediate this case, before it goes to hearing. Because the evidence presented before me today suggests your client may be on the wrong end of a substantial damages payout… I don’t think I can be any clearer than that,’ he said with a firm glare over the top of his glasses.

‘As Your Honour pleases,’ Dawes’ lawyer said.