KIMMY'S LIST

CHAPTER 25

Before commencing, the State prosecutor asked the judge to direct all witnesses involved in this matter, be excluded from sitting in the court.

The judge responded by directing all witnesses to wait outside the court until called to present evidence. Kimberly’s disapproving gaze watched her husband and friend, Naomi exit the court room.

Once the last of the witnesses had exited, Detective Sergeant Jax Higgins was the first witness to be called. The rear door opened and Jax entered the court room. Kimberly watched the sergeant amble through the court and enter the witness box. The tipstaff swore him in.

Kimberly listened with interest as Jax presented his evidence to the court. Not surprisingly, the evidence he presented was the same as what they presented at the committal.

The State prosecutor stood at the bar table while Jax gave his evidence. The prosecutor was a short, weighty man with a thick head of dark hair wig and full - length black silk robe and jabot. “Looking like a Matrix character.’

During his evidence, Jax introduced how Kimberly attended at the Oolong Police station with a list containing seven names. He referred to it as Kimberly’s List.

‘What was so significant about that list of names the accused gave to police, Detective?’ The prosecutor asked Jax.

‘It contained the names of seven, long - term missing persons I was investigating at the time, each of whom was suspected of having met with foul play… and it also contained the location as to where their bodies could be found.’

‘I see… So each person named on that list the accused gave to police, was deceased?’ He said, as a question, then glanced at the jury over the top of his glasses.

‘We were not aware at the time we received the list, but yes, when police later found each victim, they were deceased.’

‘How was it police found these seven bodies, Detective?’

‘As is said. The list the accused gave to police provided the location of where the seven bodies were located,’ Jax said.

The prosecutor shifted his focus to the jury. He folded his arms across his corpulent stomach.

‘The list the accused gave to police provided the location of where the seven bodies were located,’ he repeated to the jury, for emphasis. ‘Did the accused explain how she obtained these names and whereabouts of these seven long term missing persons…?’

‘She did. She said she was a medium….’

‘A medium….’ The prosecutor said. ‘Like a psychic medium… Someone who claimed they could communicate with people who had died…?’

‘Correct. The accused said the spirits of each missing person came to her and asked her for help in locating their bodies. She said their spirits told the accused where their bodies were located. She said she later prepared the list to help police find the bodies.’

Jax introduced Kimberly’s list and entered it as an exhibit.

‘That’s extraordinary,’ the prosecutor said. ‘Did the accused provide any evidence of this so - called ability to communicate with people from the afterlife?’

‘No. She said she was not able to.’

‘So… Even when faced with seven counts of murder… and the prospect of life in prison…’ The prosecutor cast his eyes over the jury. ‘The accused was unable to produce any evidence to prove she had this ability to speak to the dead?’

‘Correct.’

The prosecutor scanned the jury again. ‘I see… Could you please indicate on the large map on the easel beside you there, Detective, where each body was located?’

One-by-one Jax used an extendable pointer to identify the location of each victim’s body on the map.

Jax also presented photographs of the crime scenes, along with close up photos of the victim’s injuries that ultimately caused their deaths.

‘As the investigating detective, prior to receiving this list form the accused… did you have any knowledge as to whether any, or all of these seven missing people were alive, or dead….

‘No.’

‘Yet the accused did, didn’t she? She even provided you with the locations of where to find their bodies.’

‘That’s correct.’

‘What did you conclude from the information contained in Kimberly’s list?’

‘Given the circumstances surrounding the murder of each victim, I formed the conclusion that only the person, or persons involved in the murders would know where the bodies had been dumped.’

Jax glanced across at Kimberly. ‘From the information the accused provided on the list she gave to police, it was evident the accused knew where the bodies were located.’

The State prosecutor returned to his seat.

Kimberly rubbed her perspiring hands down her thighs. Her eyes met her family gazing back at her. She forced out a straight - mouth smile. She’d heard it all before at the committal, but it was still overwhelming to listen to.

Duncan stood. He held an A4 sized, yellow note pad. He flipped a page and scanned it. He flipped a second page. He continued his theatrics by turning a third page on his note pad. ‘Forgive me, Detective... I must have missed some of your evidence…’ he said. He continued to scan his notes. He glanced down at the prosecutor seated beside him. ‘Can you remind me where your evidence linked my client to each victim?’ He said sarcastically.

Jax attempted to answer. ‘The list your client gave to police provided the location of…’

‘Yes, Yes,’ Duncan interjected. He arrogantly waved the back of a hand. ‘I heard that part.’ He turned towards the prosecutor.

‘Surely you have more than a vague list….?’ he said, before returning to face the judge.

‘Surely you have some forensic evidence that connects my client to each of the victims.’ His tone was intentionally questioning and condescending. ‘DNA, clothing fibres, transfer, witnesses… anything?’

‘No. Just the list.’

‘I see,’ Duncan said. He placed the pad on the table and leaned on his hands.

‘You gave evidence that you located the bodies of …’

Duncan turned a page on his notes. ‘Brian Taylor, Jenny Cox and Malcom Denver in a mine shaft near the town of Steilitz.’

Duncan lifted the evidence bag containing Kimberly’s list. ‘Please explain to the court where this list stipulates those three bodies were in a mine shaft, at that location where you found them.’

Duncan approached Jax and handed him the list. Jax didn’t read the list. He placed it down on the front ledge of the witness stand.

‘The list doesn’t provide an exact location of where the bodies were located.’

On his return to the bar table, Duncan stopped and over dramatically pirouetted around to face Jax. ‘I’m sorry. Can you please repeat that response, Detective…?’

‘I said, the list doesn’t provide an exact location of where the bodies were located,’ Jax repeated.

Duncan cupped his chin and scanned the jury while Jax repeated his answer. He approached the jury. ‘The list doesn’t provide an exact location of where the bodies were located….’

Duncan repeated. He stopped in front of the jury box and individually met the gaze of each juror. He wanted them to remember that evidence.

Duncan’s focus remained on the jury while asked his next question. ‘Your evidence here today, Detective, was that the only person, or persons who murdered these victims would know the whereabouts of their bodies…?’ He turned and approached Jax.

He gestured to Kimberly’s list.

‘Yet that list you so heavily relied on for your evidence ….does not provide any location for those three bodies in Steilitz, does it?

‘I’m confused, Detective. If my client’s list didn’t lead you to the location of the bodies… How did you find these three bodies in the mineshaft near Steilitz…?’

‘Like I said earlier, Malcolm Denver’s mobile phone was found in his abandoned car. The police technicians used data from the phone, as well as the phone’s inbuilt GPS to triangulate phone towers in the area. From that they provided me with a general location.’

‘Ah yes. Mr Denver’s mobile phone provided you with a general location…’ Duncan repeated. ’So… without Mr Denver’s phone, you had no idea of the location of the three bodies, despite being in possession of what you referred to as Kimberly’s List?’ Duncan said as a question.

‘That is correct. The phone gave us an area to search.’

‘The phone gave us an area to search.’

Duncan repeated as he passed his eyes over the jurors. ’Not Kimberly’s list…’

‘Well, the list sent us to Steilitz, but the phone narrowed it down.’

Duncan held up a finger. ’That’s not your evidence -in - chief, Detective….’ Duncan said. ’Allow me to remind you of what you said.’

He quickly returned to his desk and flipped through the pages of his note pad. ’My learned colleague asked you….’

Duncan read from his notes.. ’The list provided you with the whereabouts of each victim’s body.’ … You replied, ’That’s correct…’

Duncan moved to stand in front of the jury. He passed his eyes over each jury member, as he continued. ’But what you are now telling me is, in actual fact, the list did not provide you with a location of the victim’s bodies, did it, Detective…? Data extracted from Malcom Denver’s mobile phone by police technicians provided you with the location of the three bodies in Steilitz.’

‘Correct…’

‘Would you have discovered these bodies in Steilitz without my client’s list, but by using Malcom Denver’s mobile phone data?’

‘That’s hard to determine…’

‘Is it? I suggest it is straight forward, Detective. Did the list my client gave to police… this Kimberly’s List, provide you with the location of the victim’s bodies? It’s not that difficult of a question, Detective.’

‘No.’

‘NO…The list did not provide you with a location of the victim’s bodies…’ Duncan repeated for the benefit of the jury. ‘Malcom Denver’s mobile phone data did…’ Duncan flipped a page on his pad. He flipped a second page.

‘You seized my client’s mobile phone under search warrant, Detective. Did your IT technicians employ the same techniques used on Malcom Denver’s phone, to place my client at the location where the bodies in Steilitz were located?’

‘Yes.’

‘I see … And what did this technique conclude>‘

‘There was no evidence that placed the accused in Steilitz. But maybe she didn’t have her phone with her at the time.’

‘I see. But we work on fact, not. ‘MAYBE’, Detective…?’ Duncan said. ‘I put it to you, your police technicians couldn’t find anything on my client’s mobile phone GPS because she wasn’t anywhere near Steilitz.’

‘That is possible.’

‘Is it your evidence today, Detective that there was no evidence located through analysis of my client’s mobile phone’s GPS to place her at the Steilitz location where the bodies were located?’ Duncan re-clarified for the benefit of the Jury.

‘Correct.’

‘Did you use the same technique of tracing movements through the mobile phone towers and GPS to try and place my client at any of the other locations where the remaining four bodies were found?’

‘Yes.’

‘And what was the outcome of this technical analysis of my client’s mobile phone GPS and other data, Detective?’

‘Same result.’

‘Which was….?’

‘There was nothing found that placed the accused at any of the locations where the remaining four bodies were located.’

Duncan glanced at the jury as he repeated Jax’s comment. ‘There was nothing found that placed the accused at any of the locations where the remaining four bodies were located….’

Duncan moved to the large map on an easel.

‘It’s is your evidence that the body of Libby Vassilliou was located here in the Otterways Forest.’ He pointed to the location on the map.

‘I’ll refer you to my client’s list in front of you… Please demonstrate to the court where Kimberly’s list directed you to that specific location.’

‘We only had a general location.’

Duncan over dramatized throwing his arms in the air. ‘You only had a general location…’ Duncan repeated for the benefit of the jury. ‘It was your evidence, Detective that my client’s list provided you with the location of all seven bodies …. But that is not accurate, is it, Detective? My client’s list did not direct you to the three bodies in the Steilitz mine shaft… Malcom Denver’s mobile phone did… And my client’s list did not direct you to where Ms Vassilliou’s body was located?’

‘No. But the list provided a general location,’ Jax said. ‘From there we searched the area and located Libby Vassilloiu’s shallow grave.’

‘I put it to you, Detective, that the reason my client only provided a ‘General Location’ on her list, was because my client had never been to the place where Ms. Libby was buried. I put it to you that through my client’s unique abilities as a medium, she was contacted by the spirit of Ms. Vassilliou..Ms, Vassillious didn’t know where she was buried … My client could only record on her list what she was told by Ms. Vassilliou.’

‘Your client failed to prove that to me….’

‘Isn’t the fact that my client assisted you with the whereabouts of the seven missing persons proof enough that she communicated with them?’

‘Not to me. She would know where they were buried if she killed them.’

‘But of course, you have no evidence of that, do you, Detective? You have not presented any evidence linking my client to these murders.’

Jax didn’t respond.