Crisis of Identity
Chapter 38

After parking my Ute in the multi-level car park, Georgie and I strolled along Hay Street towards the Perth Magistrates’ Court, located in the Central Court building.

Georgie and I have been seeing one another for about two weeks now and with mum not permitted to attend for health reasons, Georgie wanted to be my moral support at the civil case against Dawes and the Queensland Police.

The six or seven metre wide footpath outside the court building was heavily populated with several people standing around, presumably waiting for their case to be called. I was the only one wearing a suit and tie. Most were smoking despite the No Smoking signs prominently displayed along the building’s rendered brick walls.

We weaved our way through the gathering towards the front steps of the court building. Dawes was standing by the kerbside rubbish bin, drawing in a lung full of smoke before jetting it skyward. He stubbed his cigarette on the bin lip.

Georgie must’ve seen my lip curl. ‘What’s wrong…?’ She asked. She followed the line of my glower. ‘Is that him…?’

‘That’s him…’

Dawes met my glare. He smiled and lifted his chin in a muted greeting; an action I ignored.

We met up with Miles on the footpath out the front, near the steps leading into the court. A voice from behind interrupted me introducing Georgie to Miles.

‘Hi Kade… Good to see you again…’ I turned to the voice. My eyes fell to Dawes’ extended hand. Mine remained buried into my pockets. He got the hint and withdrew his hand. He passed his eyes across Miles, Georgie and me. He then scanned the gathering. ‘What… Vicky not joining us today…?’ He asked.

I have no idea if he knows mum has been unwell, but I really don’t care. I opened my mouth to unleash a barrage of abuse that has been building for months. Before any of my rage-filled words passed my lips, Miles grabbed my arm and gently eased me away, towards the front door. ‘We don’t have any comment for you today, Mr Dawes. Thank you,’ Miles said over his shoulder, as he guided me inside.

The 2½ hours waiting for our case to be called was spent watching the passing parade of people fronting up for their day in court.

Not being a regular visitor to the courts, it was astounding to witness the multi-cultural mix of people, mostly between 18 and 30, who lack basic pride in their appearance.

There was certainly a fashion stereo type present in the public waiting area; unkempt appearances, trackie daks—some of which have not seen soap and water for some time—t-shirts and thongs. A heavy splattering of tattoos was also a constant for all genders.

By the time our case was called the numbers in the public waiting area had thinned considerably. The elderly Magistrate eyed us from his elevated bench as we entered via the rear door and made our way to the front of the court. The light above him sparkled off the top of his balding head.

I slid into a chair in the front row, immediately behind Miles. Georgie sat in the row behind me. Dawes sat to my right, at the other end of the row, behind two, dark-suit wearing lawyers. The introductions helped clarify why Dawes has two legal representatives.

Miles went first. He stood from his chair. ‘Miles Davison, Your Honour. I represent the two plaintiffs in this matter, Kade Miller and Vicky Miller. Unfortunately Mrs Miller is not able to attend today, sir, due to ill health. I have a letter from her attending Medical Practitioner…’ Miles handed the letter to the Clerk of Courts, who relayed it to the Magistrate, as Miles took his seat.

‘Thank you, Mr Davison,’ The Magistrate said. He glared over his gold framed glasses to Dawes’ legal representatives.

The first lawyer stood. ‘Caleb Lowe, Your Honour. I represent one of the respondents in the matter… The Queensland Police Department… Ah, I understand we are included in this writ because Mr Dawes is employed by Queensland police… Not as a result of any actions by the Department.’

‘Thank you.’

He resumed his seat. The 2nd lawyer rose to his feet. ‘Byron Kent,’ Your Honour. I represent the other respondent in this matter, Detective Sergeant Brent Dawes.’ He took his seat.

‘Thank you, gentlemen.’ The Magistrate shuffled some papers on his desk. ‘This is a directions hearing to determine whether the matter should proceed to a civil hearing…’ He continued to shuffle papers as though searching for something. ‘I take it we are here today because attempts to mediate this matter have failed…?’

Miles stood. ‘Correct, Your Honour. We have been in communication with Mr Dawes and the long and short of it is, sir, Mr Dawes has refused to withdraw the damaging comments he publicly made about my clients.’ Miles took his seat.

The lawyer representing Dawes stood. ‘That is our instructions, sir… We have opted to defend this litigation.’ He resumed his seat.

‘Very well…’ The Magistrate said in a disappointed tone. ‘Mr Davison…’

Miles stood with note pad in hand. ’Your Honour… My clients have filed a writ against Mr Dawes, and by association, the Queensland Police Department, in relation to damaging comments Mr Dawes made to a journalist from the Western Australian newspaper.

‘This journalist later published Mr Dawes’ comments in the newspaper, citing Mr Dawes as the source. Your Honour has a copy of the West Australian newspaper article included in our writ submission.’

The Magistrate flicked through a file in front of him. ‘I do…’

‘These published comments from Mr Dawes, which we will show were defamatory, were this, sir… He stated categorically to the journalist that back in 1994, my client Mrs Vicky Miller and her late husband, Ross Miller, kidnapped a three year old child by the name of Jayden Evans, brought him to WA and raised him as their own son… naming him Kade Miller…’ he gestured to me. ‘Your Honour will be aware that Mr Kade Miller is a co-plaintiff in this matter.’

Miles continued. ’Regrettably, sir, the type of damage caused by Mr Dawes is no longer something that can be simply undone. As a highly qualified and respected member of the Queensland police force, Mr Dawes did not suggest Mrs Vicky Miller was a suspect… No, sir… Mr Dawes went all in, despite lacking essential evidence to support his comments, he presented Mrs Vicky Miller as the person responsible for the disappearance of a child in one of Australia’s most disturbing and troubling cases.

‘The damage to my clients’ reputation as a result, sir, is so serious and the allegations are so reprehensible, that they have had a detrimental effect on both Plaintiffs.

’As discussed at the outset of this hearing, sir, one of the Plaintiffs… Mrs Vicky Miller, is unable to attend today’s hearing. This is because Mrs Miller recently suffered a heart attack, which her medical practitioner indicates in the letter before you, sir, was the result of extreme stress.

’I point out to Your Honour that Mrs Miller suffered this stress-related heart attack in the two hours after she was forced, under the requirements of a warrant issued by Mr Dawes, to provide a sample of her DNA to the police.

‘As a result of a break down in mediation attempts, I am instructed to take this matter to civil hearing where my client’s will be seeking damages from Mr Dawes and Queensland Police.’

‘What were the plaintiffs’ requests of Mr Dawes in the mediation discussions?’ The Magistrates asked.

‘Quite simple, sir,’ Miles said. ‘All my clients required from the mediation was a retraction of the unfounded and damaging comments published in the newspaper, along with a public apology.’

‘Hardly unreasonable, under the circumstances, Mr Kent…’ the Magistrates said, addressing Dawes’ lawyer.

The lawyer stood. ‘Your Honour… As I explained to my esteemed and learned colleague, Mr Davison…’ he said, gesturing to his left. ’It is our position that my client has not done anything wrong, or illegal.

’He is the lead investigator in a twenty-five year old missing person case… the well documented disappearance of three year old Jayden Evans from back in 1994… It is our position, sir, as the lead investigator, Mr Dawes was qualified to speak to the newspaper journalist.

‘It is a common practice employed by police when seeking community assistance in ongoing investigations. However—’

‘I suggest the Plaintiffs aren’t here today because they question your client’s right to speak to the media, Mr Kent…’ the Magistrate said. ’We both know that we are here because of what your client said to the media… and whether these comments were factual, or defamatory to the Plaintiffs…’

‘That is my understanding, sir...’

The Magistrate waved the back of his hand at the lawyer. ‘Continue, Mr Kent… and stick to what is relevant…’

‘Yes, sir. It is our position that my client cannot be held accountable for the comments published in the West Australian newspaper when he was misquoted and taken out of context.’

‘Is it your position that your client did not tell this newspaper journalist…’ the Magistrate paused to read something in front of him… ‘Ah… Ms Christine Gould… that Vicky Miller kidnapped Jayden Evans back in 1994 and brought him here to Western Australia and raised him as her own son…?’

’My instructions, Your Honour, are my client told the journalist during an interview that Mrs Miller and her late husband were merely suspects in the twenty-five year old case.

’My client shared some of his evidence to show why he believed the Millers were suspects, but at no time did my client allege or otherwise state that Mrs Vicky Miller is the offender and her son Kade Miller is the missing toddler, Jayden Evans. I suggest to the court, sir, these comments were all misquoted as part of journalistic sensationalism to sell newspapers.’

‘I see… Thank you, Mr Kent…’

Miles quickly stood. ‘Your Honour will note in our submission that we have not included the West Australian newspaper, or the journalist, Ms Gould in our defamation writ. This is because after we met with the managing editor of the newspaper, it ran a retraction of the article and published and unreserved apology to my clients.’

Miles sat when Mr Kent stood from his chair. ‘Sir, we contend that retraction and apology was merely a business decision of the West Australian newspaper, after they were running scared and going into damage control, to avoid what we are going through here today.’ He resumed his seat.

Miles stood. ‘Your Honour, during our mediation meeting with the newspaper, the journalist, Ms Christine Gould produced a digital tape recording of the conversation between herself and the respondent, Mr Dawes… Does Your honour have a copy of the transcript from this recorded interview…?’