AUTHOR'S NOTE:

I'd like to make all my usual thank yous. Plus, I'd like to wave at the people who've decided to follow the story and me during the last week.

Thank you, all...and on with the story!

-=o=-

Chapter Twenty-five

When Julian and Sisko arrived at the San Francisco courthouse, they found Hessayon waiting in the foyer. "Ready?" he asked, as he stepped forward to greet them.

"Yes," said Julian, doing his best to sound confident. "Let's get this over with."

Sisko simply nodded.

Hessayon led the way through the building and into Judge Momoh's courtroom. Julian concentrated on ignoring the stares of the spectators as he walked to the petitioner's table and took a seat. Only after he'd settled himself did he pay proper attention to his surroundings.

Despite the room's antiquated grandeur and the FNS's technicians and recording equipment, Julian didn't find the courtroom nearly as imposing as the chamber that the MSB had used for his tribunal. Julian decided that had something to do with the lower ceiling, which made the courtroom feel almost cosy, and the soothing, rich browns of the wooden benches, pews, railings and wall panels.

Next to Julian, Sisko sat stiffly, and Julian understood that Sisko was at least as nervous as he was. The realisation that he might actually be more confident than Sisko felt oddly satisfying.

Behind them, the courtroom was filling up quickly, the noise level rising as more and more people came in. Included in the influx was the defence's lawyer, who took her place at her own table.

Julian tried not to be too obvious as he looked at her. Adalet Yilmaz was almost as tall as he was. In another reality, she would have been an Amazon warrior. Her cheekbones were high, her skin tanned, and her eyes intense. Her mouth wasn't made for smiling, and her black hair framed her face in a severe bob. Her eyebrows were thick, neat, dark and arched, giving her a permanently haughty expression. She appeared to be oddly ageless, although Julian knew her to be barely thirty-one.

Julian frowned when Admiral Fischer sat down beside her. Although Fischer had been named in the petition, Julian hadn't thought of him as being part of the defence team. Given that none of the other named witnesses were sitting there, Julian had to wonder whether Fischer's presence was normal. He made a mental note to ask Hessayon later.

Finally, when all the seats were full and would-be spectators were being turned away, the court officials closed the entrance at the back of the room. Then a door at the front of the courtroom opened.

Judge Isador Momoh had arrived.

A clerk called, "All rise!" and there was a thunderous roar of foot and chair scraping as everyone stood up.

Julian observed Momoh carefully as he took his place at the bench and signalled for everyone to sit. Momoh had a round face, a double chin, a broad nose, a large mouth and stern eyes. His skin, even darker than Sisko's, shone like burnished ebony under the ceiling lights. He exuded establishment.

Momoh said, "This hearing, convened on Stardate 50680.7, is to consider the petition submitted by Advocate Benjamin Sisko, on behalf of Julian Bashir." Momoh gestured towards Hessayon and said, "Counsellor... If you would care to make your opening statement?"

Hessayon stood up and, when he was sure that he had the full attention of everyone in the room, he began to speak. "When the facts about his genetic background were revealed, Starfleet, in the person of Judge Advocate General Rear Admiral Bennett, agreed a deal that purported to allow Lieutenant Julian Bashir to retain both his commission in the fleet and his medical practice." Hessayon paused and looked Momoh in the eye. Then he turned and picked out a couple of members of the public with whom he also engaged in eye contact before he continued. "The deal was brokered by Captain Benjamin Sisko and agreed to by Richard Bashir, the lieutenant's father. Subsequently, Richard and Julian Bashir complied in good faith with the terms and conditions of the agreement."

Hessayon pivoted lightly on the ball of his right foot so that he could look directly and sternly at the defence table. "The same cannot be said of Starfleet."

He turned back to Momoh and said, "The petitioners argue that Starfleet knowingly offered a deal that contained a number of loop-holes and inconsistencies. In saying that Lieutenant Bashir could retain his commission, the implication was that his continued employment would be recognisably similar to his past employment. Moreover, the retention of his commission implied that all the terms and conditions of employment would remain the same. It suggested that he would continue to be covered by all of Starfleet's rules and regulations, including those relating to transfer orders."

When Hessayon spoke again, he enunciated carefully and slowly, emphasising his words. "In practice, Julian Bashir has lost his commission, and the transfer being forced upon him is so far removed from his qualifications and experience that Starfleet requires he be retrained. We argue that it is so far removed from his previous occupation that it cannot be recognised in the terms of the deal. Moreover, Lieutenant Bashir has been told that he cannot refuse the transfer. He is not being treated in line with normal transfer procedures."

Julian glanced around the room, saw that Hessayon commanded rapt attention, and he found himself in awe of Hessayon's carefully calculated performance.

"In short," continued Hessayon, "Starfleet has consistently flouted its own employment practices in its dealings with Julian Bashir. More than that, we will show that the behaviours and manipulations of Starfleet personnel across different branches of the service indicate a culture of institutionalised prejudice against Julian Bashir. This prejudice has been evident also in the actions of specific individuals, actions that were condoned by their superior officers. This behaviour has manifested itself in physical and verbal assaults, contrary to the standards required of Starfleet personnel with respect to equalities and treatment of their peers."

Hessayon wound up his statement by saying, "The petitioners seek the following. First, they want a commitment from Starfleet that Starfleet will honour the conditions of the deal it struck. Second, Julian Bashir should be given the right to refuse the transfer to Intelligence, as well as any future transfer orders, in accordance with Starfleet policies and procedures. Thank you." He nodded first to Momoh and then again, when he turned around, towards the rest of the room. Finally, he returned to his seat.

-=o=-

Yilmaz stood up and walked in front of the defence table. She came to a stop and looked around, waiting for the room to fall silent. Then, sounding sorrowful, she began to speak. "You will hear a great deal about unfair treatment. The petitioners will tell you that Julian Bashir has been the target of bigots. More than that, the petitioners will claim that Starfleet as an organisation practices prejudice against the genetically enhanced. Starfleet. An organisation that actively seeks out new life and adopts the Vulcan concept of IDIC as its own." Her eyes widened in well-acted disbelief.

"Federation law, as it pertains to the genetically enhanced, allowed Starfleet to dismiss Bashir from its employ and to bar him from each and every one of its facilities. However, Starfleet chose not to do this. Instead, despite his genetic status, Starfleet has offered Bashir opportunities beyond anything normally permitted by law. Does this sound like an organisation with a pervasive culture of prejudice? I think not!"

As Hessayon's had been, Yilmaz's delivery was calculatedly measured. However, Julian didn't think that her performance was quite as polished as Hessayon's, and her relative lack of experience showed.

She said, "Maybe there are individuals in Starfleet who have protested against Bashir's continued employment. But Starfleet, as an organisation, has not. Individual prejudice and institutional prejudice are not the same thing. The defence will demonstrate that Starfleet has no case to answer in this matter." She moved back towards the defence table.

Out of the corner of his eye, Julian saw Hessayon nod to himself. "Short and to the point," he muttered.

Momoh waited until Yilmaz was seated back at her table, then he said to Hessayon, "You may call your first witness."

Hessayon stood and said, "I call Captain Benjamin Sisko."

Sisko rose to his feet, walked to the front of the room, and took his place on the witness stand. Then, following the clerk's instructions, he placed his hand on the palm reader and let the court's computer identify him. "Verified. Benjamin Sisko. Captain. Starfleet. Current assignment..."

Along with everyone else, Julian listened to the computer's recitation. However, other than where Sisko had been born, Julian learned nothing new.

Finally, the computer ceased its droning, and Sisko took the age-old oath to tell the truth, the whole truth, and nothing but the truth.

Momoh nodded at Hessayon and said, "You may proceed."

Hessayon got to his feet, rounded the petitioner's table again, and made his way to stand in the empty space between the judge's bench and the rest of the court. Then, focussing directly on Sisko, he asked, "Captain Sisko, please can you tell the court how you came to be Julian Bashir's Advocate?"

Sisko took a moment to gather his thoughts and then he said, "When the truth about Julian Bashir's genetic status was revealed, I contacted the JAG's office to ask whether anything could be done to keep him in Starfleet. Richard Bashir—Julian Bashir's father—and I suggested a deal to Rear Admiral Bennett, who agreed to it. However, the admiral told me that, if I wanted to keep Julian Bashir in the service, I would have to vouch for him."

"You agreed?"

"Yes."

"Did you, at that point, understand what you were agreeing to?"

Sisko inhaled deeply, then said, "No."

"Rear Admiral Bennett did not spell out what vouching, in the legal sense, meant?"

"No. All he said was that, if I wanted to keep Lieutenant Bashir under my command, I'd have to take responsibility. I took that to mean that I needed to give assurances as to his character."

"And you were happy to do that?"

"Yes. Of course."

Hessayon nodded. "At what point did you realise what you had actually committed yourself to?"

Yilmaz stood up. "Objection. Relevance?"

Hessayon turned to Momoh and said, "I wish to establish a pattern. Starfleet has consistently failed to keep either Julian Bashir or his Advocate informed about actions that directly concern them. Similarly, Starfleet has not consulted them about decisions affecting them. The pattern is consistent and pervasive, and supports our case that there is a culture of institutional prejudice throughout the organisation."

Julian thought he heard Yilmaz mutter something that might have been quite rude underneath her breath. Although he wasn't certain exactly what she said, he saw the way her lips moved, and the expression on her face spoke volumes.

Momoh pursed his lips slightly. "Objection overruled." He looked at Hessayon and said, "I'll allow your line of questioning...for now. But don't try my patience."

Hessayon acknowledged Momoh's caution with a curt nod. Then he turned back to Sisko. "So, Captain... When did you become aware that you had been made Julian Bashir's Advocate?"

"Not until quite some time later. Not until after the disciplinary hearing, here on Earth, when the Medical Standards Board took away the lieutenant's licence to practice medicine."

"And the circumstances of your discovery?"

"I asked Julian to explain about the laws affecting the genetically enhanced. He mentioned Advocacy, and the terminology struck a chord with me. I realised that vouch had a legal meaning I hadn't been aware of previously."

"Do you think you were tricked into accepting the role of Advocate?"

"I don't know. Maybe. Or maybe it was just an unfortunate miscommunication."

"Now that you are aware of your responsibilities as Advocate, are you happy to continue in that role?"

"In so far as I can help to safeguard Julian Bashir's interests, yes, I'm happy to continue. However—"

"However?"

"I do not believe that it is either fair or necessary. Anyone else would have the freedom to manage their own affairs. It seems...perverse...that Julian does not."

"'Freedom.' You believe that the Advocacy arrangement denies him the freedom to...?"

"To do much of anything, really."

"Moving on to Julian Bashir's transfer orders..." Hessayon turned back to the petitioner's table, picked up a PADD, and said, "I would like to submit copies of the original transfer orders and associated correspondence as petitioner's Exhibit A."

"Noted," said Momoh.

Hessayon turned back to Sisko and asked, "Did Starfleet copy you into any of the correspondence relating to Julian Bashir's transfer orders to Intelligence?"

"No."

"Did anyone consult you at all?"

"No."

"Even though you are Julian Bashir's Advocate and, therefore, should have been apprised of any and all decisions affecting him?"

"I had no correspondence or communication whatsoever with Starfleet in respect of the transfer orders."

"So, at what point did you become aware that Starfleet had ordered Julian Bashir's transfer to Intelligence?"

"When Julian, himself, told me that he'd received the orders. He said that he'd replied, declining the offer of a transfer and pointing out that the appeal against the MSB's ruling was still pending."

"What happened next?"

"Starfleet Intelligence informed Julian that he could not refuse the transfer. I suggested that Julian seek legal advice, and that—ultimately—brought us here."

"So, as Julian Bashir's Advocate, you object to the transfer?"

"Yes."

"Had you been consulted, you, too, would have resisted it?"

"Yes."

"You do not believe it to be in his best interests?"

"No. I do not."

"Why not?"

"Because he does not want to work in Intelligence and, even if he did, I do not think that the leadership or personnel in that branch of Starfleet would have any concern for his welfare."

Yilmaz was already halfway to her feet, her mouth opening with the first syllable of an objection on her lips, when Hessayon turned to Momoh and said, "This is a theme I will come back to, with other witnesses."

Momoh nodded, and Yilmaz sank back into her seat, apparently deciding not to protest, after all.

"Captain Sisko," said Hessayon. "For the record, can you confirm that you were one of the officers who removed Julian Bashir from a holosuite, where he had been held inside a programme that had been based on his experiences in a Dominion prison camp?"

"Yes. I can confirm that."

"What state was he in when you found him?"

"I can't give you the full medical details. However, I can tell you that he was suffering from an overdose of kenfitamol, and he'd been assaulted. We—Dr Loews and myself—took him to Starfleet Academy's hospital, where he received emergency care."

Hessayon nodded. "Thank you, Captain. At this point, I would like to submit Julian Bashir's intake and treatment records as petitioner's Exhibit B."

"Again, noted," said Momoh.

"Finally, Captain, again for the record, you filed the petition to this court on Julian Bashir's behalf, as his Advocate, didn't you?"

"Yes."

"And you fully support the case being brought?"

"Yes."

"Thank you, Captain. I have no further questions."

That was the easy part, thought Julian, and he braced himself for the onslaught of cross-examination. But, to his astonishment, Yilmaz didn't want to ask Sisko anything, and Momoh allowed Sisko to return to his seat at the petitioner's table.

-=o=-

Commander Magnusdottir took her place at the witness stand. As Sisko had done, she allowed the computer to identify her and to recite her biographical details. Then she took the oath.

"The computer has told us that you are a commander within the Judge Advocate General's office. Can you please be more specific about your current posting?" said Hessayon.

"I am in charge of the Public Perception and Prognostication Unit, colloquially know as the Triple-Ps."

"And what does the Public Perception and Prognostication Unit do?"

"We investigate, and try to anticipate, the results of any changes to the law. We look at the ramifications of changes to legislation, be they political or legal."

"And, one of the areas of law you've been looking at has been the legislation regarding the genetically enhanced?"

"Yes."

"Would I be correct in supposing that you are quite familiar with this area of law?"

"Yes."

"More so than most people, even than most lawyers?"

Magnusdottir said reluctantly, "I suppose so, yes. But that's not saying very much."

"Because nobody needs to know much about it, genetic enhancement being so...rare." He held up a hand. "You do not need to answer that. Suffice to say, you know enough to clarify a few matters for the court. Tell me. What is your understanding of an Advocate's role?"

"To manage the affairs of a genetically enhanced person."

"Why is that necessary?"

"Because conventional wisdom is that most genetically enhanced individuals suffer side effects as a result of the enhancement process, rendering them unable to manage their own affairs."

"The Advocate is there to protect the interests of a vulnerable individual. That's the crux of the matter, isn't it?"

"Yes."

"In your opinion, is Julian Bashir incapable or incompetent to manage his personal affairs?"

"My understanding is that he has the mental capacity and acuity to manage his own affairs, but he may not have the legal capacity to do so."

"In what way does he lack the 'legal capacity'?"

"The laws relating to the genetically enhanced are extremely restrictive. Julian Bashir is prevented by law from engaging fully in society. The restrictions placed upon him prevent him from being able to manage land, property, financial assets...legal affairs..."

"As evidenced by the need for Captain Sisko to petition this court on his behalf."

It wasn't a question, but Magnusdottir said, "Exactly," anyway.

Hessayon nodded and paused to signal a change in topic. Then he said, "In your own words, can you tell the court what Project Mendel is?"

Magnusdottir must have known that the question was bound to come up, but she cringed slightly anyway, then she tried to mask her discomfiture by sitting up straighter.

"Project Mendel," said Magnusdottir a fraction louder than was necessary, "is the code name for a project the Triple-P Unit set up to investigate society's likely reaction to any change in legislation relating to the genetically enhanced. Most specifically, it considered the possibility of an amnesty."

"Why did the Triple-Ps think it necessary to consider an amnesty?"

"Several reasons," said Magnusdottir. "The first was a thought-provoking argument a young medical student presented during an undergraduate law course at Starfleet Academy." Her eyes flicked in Julian's direction. "The second was intelligence coming from several non-aligned worlds that related to the numbers of Federation citizens seeking treatment. If the intelligence reports were to be believed, then there could be thousands of genetically enhanced people living clandestinely in the Federation. Third, there was the incident with the Moab 4 colony. Finally, all of these things had to be seen in the wider context of a landmark ruling about the rights of sentient beings."

Hessayon nodded, a carefully calculated movement that suggested he was considering her answers carefully. In reality, however, he had to have known everything she was going to say ahead of time.

"Can you tell the court about the Moab 4 colonists?"

Magnusdottir tilted her head slightly to one side. She outlined the story about how the Enterprise had found the Moab 4 colony and how a handful of colonists had chosen to join the Federation.

"And this concerned the Triple-Ps why?" asked Hessayon, when she was done.

"Two reasons," said Magnusdottir. "Firstly, the colonists were being allowed to do things that Augments should have been prevented from doing by law. Secondly, there was nothing...wrong...with them. They didn't fit the accepted profile of genetically enhanced people. So...was the profile wrong?"

Hessayon nodded. "Can you now explain to the court why the case of Lieutenant Commander Data—the landmark case you referred to—concerned you?"

"The commander is an android. Starfleet tried to order him to transfer from his posting aboard the USS Enterprise to a Commander Maddox at the Daystrom Institute, where Data would have been subjected to procedures that he believed might prove hazardous to his wellbeing. The case went to court, and the JAG officer who acted as judge ruled that, on the off-chance that Data was a sentient being, he had to be given the right of self-determination—the right to choose—whether or not to undergo the procedures."

"And this was relevant how?"

"If those rights came with sentience, then they also had to apply to anyone who is genetically enhanced. But the laws as currently set out do not accord the same levels of freedom to anyone who has been Augmented."

"In short, you found the laws as they related to the genetically enhanced to be increasingly in conflict with other legislation and case law. Is that correct?"

"Yes. That's correct."

"Thank you, Commander." Hessayon paced three steps to the left than two steps back to the right, his forefinger resting contemplatively against his lips. He stopped. Then, as if the thought had only just occurred to him, he said, "When did Project Mendel commence? I mean, the incident with Commander Data occurred some...eight years ago."

"We only became interested in that case afterwards."

"After what? The debate you mentioned? The Moab 4 incident?"

"Yes. Both things. They occurred around the same time."

"And that was about five years ago?"

"Yes."

"So, when did the JAG, in the form of the Triple-Ps, become interested in the...plight...of the genetically enhanced?"

Magnusdottir swallowed. "Some five years ago," she admitted.

"Five years ago. You had five years to prepare for a deal...five years to get all the details ironed out. And yet, you didn't. Would you care to explain that?"

"Because..." Her eyes twitched uncomfortably in Julian's direction. "Because, if we'd sewn up all the details, there would have been nothing for the public to react against."

"And you wanted to know how the public would react?"

"Yes."

"In short, Julian Bashir was an experiment to you?"

"Yes."

"You manipulated him to suit your own ends."

"Yes."

"No further questions."

Again, Yilmaz didn't ask anything. Julian had expected the court proceedings to be more...lively...and he felt disconcerted that Hessayon seemed to having everything his own way. Then again, Julian couldn't think of anything that Yilmaz should have asked, so maybe her silence made sense.

Momoh called for a fifteen-minute recess.

-=o=-

Julian went to the bathroom. He felt ridiculous because he wished that either Hessayon or Sisko had come with him. However, he would be damned before he would ask anyone to escort him to the potty.

Damn his stupid pride, though, because he felt exposed as he was forced to mingle with crowds of spectators, some of whom deliberately bumped into him. Others whispered insults and threats into his ears. He did his best to ignore everything, but he nonetheless chose to lock himself in one of the stalls for privacy and protection, and, once he'd safely barricaded himself in, he drew a deep sigh of relief. He told himself over and over that not all humans were like that, and that it didn't matter what strangers thought, so long as he had people like Sisko and Hessayon in his corner.

He waited until the last possible minute, by which time the crowds had almost entirely dissipated, before returning to the courtroom. As he headed back to the petitioner's table, he spotted Elizabeth Lilienfeld, who winked, and then he spotted Karen Loews, who waved, and, thanks to their tiny gestures of friendly support, he found himself feeling slightly better.

-=o=-

The closest Julian had ever come to meeting Rear Admiral Bennett had been the conversation he'd had with Bennett's hologram, back in Sisko's office. There, Bennett had been bathed in blue light, which had emphasised the whiteness of his hair. The light had also bleached the colour from his skin and made him look ethereal.

In the courtroom, Bennett's hair was silver and his skin looked pinkishly fair. He looked smaller than Julian remembered, yet somehow more substantial.

Hessayon and Bennett's paths must have crossed at some point, but Julian could see no recognition in either of their faces. Julian resolved never to play poker with either of them.

"Commander Magnusdottir has already told the court about Project Mendel, and about what it aimed to do," said Hessayon. "I don't intend to cover that ground again. However, I would like to know what part you played in all this." He paused for effect. He hadn't framed his words as a question, so Bennett didn't reply. He simply looked inscrutable as he waited for Hessayon to continue.

Hessayon nodded to himself, and then he said, "I'd like to clear something up at the outset. Accusations have been made in the media—and elsewhere—that you overreached your authority when you made the deal with Richard Bashir. Did you?"

"No," answered Bennett.

"The laws surrounding genetic enhancement are clear, and yet you had the power to strike a deal that seems to circumvent them. Is that correct?"

"Yes."

"If, as you say, you had the authority to strike the deal, can you explain to the court where your authority comes from?"

"I struck the deal using the powers delegated to me in my capacity as Judge Advocate General." Then Bennett proceeded to cite Federation law, Acts, subsections and paragraphs in excruciating detail.

At the end of Bennett's recitation, Hessayon said, "Suffice to say, even if others do not like the fact that you struck a deal with someone guilty of illegal genetic engineering, you had the authority to do it?"

"Yes."

"Now... Moving on to the specifics of that deal..." Hessayon waved a PADD aloft for everyone to see. "I have here a summary of the deal, as described by yourself, and as set out in the news release that the JAG office gave to the FNS." Hessayon turned towards Momoh and said, "I wish to submit this as petitioner's Exhibit C."

"Noted," said Momoh.

Hessayon turned back to Bennett and continued his questioning. "Did the deal intend for Lieutenant Bashir to retain his posting and commission?"

"That was implied in the wording."

"That doesn't quite answer my question. Was the intent of the deal to enable the lieutenant to retain his posting and commission?"

"The deal was structured to make that possible."

"Possible. Not inevitable? Not definite? Not an absolute certainty? Just...possible?"

"Yes. Possible."

"Because there were holes in the deal?"

"Yes."

"And you knew about those holes, even if Richard Bashir and Captain Sisko, neither of whom are lawyers, and neither of whom were given time or opportunity to seek legal advice, did not?"

"Yes," said Bennett stiffly. "I knew."

Hessayon waited so that there was plenty of time for the full import of Bennett's admission to sink in. A second ticked by. And another. Then three more. Finally, he asked, "How did you communicate the details of the deal with Captain Sisko and Richard Bashir?"

"In conversation, via holographic communication."

"Essentially by word of mouth, then?"

"Yes."

"And, how was the deal's content communicated to Lieutenant Bashir?"

"Lieutenant Bashir's father told him that we'd struck a deal, and that he would go to prison for two years in exchange for the lieutenant's posting and commission. Beyond that, I assume that either Captain Sisko or his parents relayed the full details to him."

"So nothing was communicated through formal, legal channels?"

"No."

"That seems rather sloppy to me. Is that standard procedure in the JAG?"

"No."

"To sum up, then, you struck a deal, the conditions of which you knew to be full of legal holes and question marks. You failed to highlight any of the ambiguities and gaps in the arrangement you proposed, and you allowed Richard Bashir, Julian Bashir and Captain Sisko to agree to the terms in good faith?"

"Yes."

Hessayon said, "Please forgive me for labouring the point, but I want to be very clear about this. You failed to meet professional standards?"

"Yes."

"You deliberately failed to meet professional standards?" Julian noted that Hessayon was very good at feigning incredulity.

Bennett examined his nails carefully, apparently finding them fascinating. Then he said, "Yes."

"Would I be correct in saying that you felt that there would be no repercussions from your failure to meet professional standards in this instance? Because of Julian Bashir's genetic status?"

Bennett shifted uneasily in his seat. "You're twisting things," he said.

"Answer my question, please," said Hessayon.

Momoh leaned forward. "Answer the question, Admiral."

Bennett suppressed a sigh. "Yes. You're right, but—"

Hessayon cut across Bennett's attempt to qualify his answer. "Thank you. I've just a couple more questions... As you were familiar with Project Mendel and the work being done in respect to this by officers under your command, would I be right in assuming that you were aware of the issues raised by the Moab 4 colonists? Specifically, that their lack of personality problems ran counter to the general orthodoxy surrounding genetically enhanced people?"

"Yes."

"Yet you still raised the spectre of Khan when you justified to Julian Bashir the sentencing of his father to two years in prison?"

"Yes."

"Thank you. No further questions."

Momoh looked at Yilmaz and said, "Counsellor, do you have any questions for this witness?"

Yilmaz stood up. "Yes, your honour." She straightened her shoulders, looked directly at Bennett, and said, "Admiral, you said just now that my learned friend was 'twisting things'." She mimed double quotes around the last two words. "Would I be correct in thinking that professional standards do not apply in this instance?"

Julian glanced at Yilmaz. She clearly expected Bennett's answer to be yes.

He said, "No," in a tone that conveyed disapproval. "Professional standards should always apply," he said repressively.

Yilmaz flinched back as though Bennett had slapped her.

"No?" she gasped, the word stung out of her in the form of a disbelieving question. "But he's enhanced!"

The prejudice in that single exclamation was loud and clear to everyone. Julian felt his eyes narrow with antipathy, even while he rejoiced at Yilmaz's inadvertent faux pas.

Bennett looked singularly unimpressed with her, and he took the opportunity to answer the question she hadn't meant to ask, and, once he'd started, she couldn't stop him. She looked increasingly alarmed and, when Julian glanced at Fischer, he saw that Fischer was looking floridly thunderous.

"We chose not to apply professional standards because we wanted to test society's reaction to the deal. We ignored professional standards. We did not discount them. With hindsight, I believe that what we did was unethical, and we were remiss not to follow standard practice. Standards exist for a reason, to ensure that we practice law fairly and with integrity. I now believe that, in this instance, we did not. We forgot to consider the individual rights of our 'guinea pig'. We saw the genetically enhanced in the abstract, not as sentient beings with individual personalities and feelings, just like anybody else."

Then, to Julian's astonishment and Fischer's fury, Bennett turned towards the petitioners' table, looked Julian straight in the eye, and said, "I regret the worst excesses of our actions, and I'd like to take this opportunity to apologise for them."

Julian's mouth opened in a small moue of surprise. Beside him, he heard Sisko gasp and Hessayon chuckle softly.

Into the silence that followed, Yilmaz said squeakily, "No further questions."

After checking that Hessayon didn't want to question the witness again, Momoh looked at Bennett and said, "You may step down."

-=o=-

At the start of the lunch recess, as Hessayon gathered up his various bits and pieces, Julian let loose his excitement. "That was...! Wow! That was brilliant! Incredible! Did you hear Admiral Bennett? He as good as said that what they did was wrong! That's got to be good for us, hasn't it?"

Julian couldn't remember when he'd last felt this ebullient about anything. He was so excited that he felt as though he might jump out of his skin and that his grin was going to tear his face apart, but he didn't care because what Bennett had just done was beyond amazing.

Hessayon put a hand on Julian's forearm and leaned towards him. "Calm down," he said quietly.

Julian looked askance at him. How could anyone be calm after what had just happened?

"It was amazing," said Hessayon softly, "but I don't want you to look so pleased. You don't want people to think that you're gloating, and you never want to let your opponents see your hand. Poker face, right?"

"I'll try," said Julian, who had never been much good at poker. "It's difficult, though. I mean, that's the best thing that's happened to me in a long time."

As he removed his hand, Hessayon patted Julian's arm. "I know," he said. "Now, let's get some lunch."

-=o=-

The baying crowd of protestors that had gathered outside the courthouse aroused in Julian uncomfortable memories and feelings of disquiet. However, both he and Sisko had known what to expect, and they had learned caution from the disciplinary tribunal. It was Hessayon, who hadn't experienced the mob mentality first-hand, who was most visibly disturbed by the crowd.

Sisko gathered Julian and Hessayon close to him, at the top of the courthouse steps, out of easy range of any lobbed missiles, and he tapped his comm badge. Then, together, the three of them transported back to New Orleans for lunch, where they could be almost certain of being allowed to eat in peace.

"How do you think it's going?" asked Julian, as they all sat down around one of the tables on the patio. "And, please, be honest."

"I think it's going well. Better than I'd expected, actually," said Hessayon.

"Seriously?"

"Yes."

"I heard Fischer arguing at Yilmaz during this morning's recess," said Sisko thoughtfully.

"I think everyone heard," said Hessayon.

"I didn't. When was that?" asked Julian around a mouthful of food.

"When you were in the bathroom, I think," said Sisko.

"What were they arguing about?"

"Something about her needing to do better. She said she was doing the best she could, and he said it wasn't good enough. He was...quite unpleasant," said Sisko. "He was so angry that he couldn't keep his voice under control."

"He's got a point, though," said Hessayon, frowning. "I don't understand it. I can't believe that her reputation is so much greater than her abilities. It's a good thing for us, of course, but I'd expected better from her."

"Maybe she has a conscience and is holding back?" suggested Joseph as he placed bowls of jambalaya in front of Julian and Hessayon.

Hessayon snorted. "I doubt it."

Julian remembered the way she'd exclaimed, "But he's enhanced!" and he doubted it, too. However, he resolved not to worry about it, at least not just now. Instead, he chose to concentrate on the new confidence that Bennett's apology had given him. He smiled to himself as he remembered how the admiral had chastised Yilmaz.

Julian dug into his food, and he quickly make up from the breakfast he hadn't been able to stomach earlier.

-=o=-

Hessayon said, "I call Julian Bashir to the stand."

"Objection!" cried Yilmaz.

"On what grounds?" asked Hessayon with an impressive amount of disdain.

Yilmaz tilted her chin defiantly upwards and said, "Bashir cannot give evidence on his own behalf. He is incompetent to do so. That is, after all, why his Advocate filed the petition. The Advocate speaks for him and, as we have already heard from Captain Sisko, there is no need to hear from Bashir, too."

Momoh leaned forward as he asked, "Would you deny a child the right to express an opinion in a custody hearing?"

"He's not a child," snapped Yilmaz. "He's an Augment!"

Hessayon tilted his head slightly and said calmly, "I agree that Lieutenant Bashir is not a child. However, the analogy is apt."

Momoh considered his options for a second and then he took a deep breath and said, "I'm going to allow the questioning."

"But—"

Momoh narrowed his eyes and glared at Yilmaz. "There are no buts in my courtroom! Given that this is the first case of this type in living memory, there is no direct precedent. I choose to allow this because the closest parallel that I can come up with is from family law and the evidence provided by a minor. Children are allowed to express preferences. Why shouldn't the genetically enhanced?" He looked at Julian and said, "Lieutenant. Please take the stand."

Julian's heart leapt. The way Momoh was conducting this case was light years away from how Delon had conducted the disciplinary tribunal. If nothing else, this case was fair. As he got up, walked to the witness stand, and sat down again, he felt an upsurge of optimism.

Julian rested his hand, palm down, on the reader. The computer remained silent.

"Computer!" demanded the clerk. "Identify this witness."

"No identification is possible," intoned the computer's voice.

The clerk exchanged perplexed glances with Momoh and everyone else who was within glancing distance, including Julian.

"Computer: why is no identification possible?" demanded Momoh, voicing out loud the question that Julian had been asking himself.

"There is too much contradictory information for an accurate identification."

"An error message?" muttered Momoh. "Is that even possible?"

Apparently it was.

The clerk looked at Momoh and said, "If I may...?"

"Go ahead. Do whatever you think best."

"Computer: describe the conflicting information."

"Complying... Records identify palm print as belonging to Julian Bashir; Lieutenant, Starfleet; current posting Chief Medical Officer, serving on space station Deep Space Nine and USS Defiant. Conflicting data identifies individual as human-genetically enhanced, and therefore subject to all the laws and restrictions pertaining to all genetically enhanced beings, including the Employment and Labour Regulations (Genetically Enhanced Individuals Amendment) Act, 2105. Individual cannot practice medicine or serve in Starfleet, and there is no current medical licence on file with the Federation's Medical Standards Board."

"The computer might have doubts," said Momoh, "but I'm satisfied that this is Julian Bashir. Let us proceed."

Hessayon looked at Julian and said, "Since the computer raised the question of employment law as it relates to you, let's start with that. According to the Employment and Labour Regulations (Genetically Enhanced Individuals Amendment) Act, 2105, as a genetically enhanced person, you would normally not be permitted to work beyond your pre-enhanced capacity. Is that correct?"

"Yes. That is correct."

"But the deal made between Rear Admiral Bennett of the Judge Advocate General's office and your father introduced a loop-hole into that law, didn't it?"

"Yes," said Julian.

"The deal allowed you to remain in Starfleet and to retain your posting as Chief Medical Officer on Deep Space Nine. Is that correct?"

"Yes."

"And, is it not also correct that, subsequent to the deal being made, the Federation Medical Standards Board stripped you of your licence to practice medicine?"

"Yes."

"Did the MSB do this because you were an incompetent doctor?"

"No."

"In your time as a practicing physician, did you ever fail to meet the professional standards required of you?"

"No."

"But you were still struck off the register. Why? Because you're genetically enhanced?"

"In part, yes."

"Why else?"

"According to the ruling of the MSB's disciplinary tribunal, I had brought the profession into disrepute."

"How?"

"By breaking the law to become a doctor."

"But isn't it true that you could not have become a doctor without breaking the law?"

"Yes. That's true."

"So, you met all the professional standards required of you to practice as a physician. But you were struck off the register because you broke the law by entering the profession in the first place?"

"Yes."

"Without a licence to practice medicine, you cannot continue in your post as Chief Medical Office on Deep Space Nine can you?"

"No. I cannot."

"But, according to the deal made by Rear Admiral Bennett, you can still keep your Starfleet commission."

"Yes."

"But, were you to leave Starfleet, you would be unable to find meaningful employment because of the limitations set by your pre-enhanced capabilities?"

"Yes." Julian resisted the urge to fidget with embarrassment as, yet again, his most personal information was aired in public.

"So, your only options are to remain in Starfleet or not to be able to work at all?"

"Yes."

"You have been ordered to transfer branches within the Service from Medical to Intelligence. Is that correct?"

"Yes."

"Do you want to transfer to Intelligence?"

"No."

"You would rather remain in Medical?"

"Yes."

"But you're no longer a doctor. What would you do there?"

"I could retrain as a nurse. Or I could work in research."

"You have a proven track record in research, haven't you?"

"Yes."

"In fact, you are the youngest person ever to be nominated for the Carrington Award, aren't you?"

"Yes."

"But you haven't been given the option of redeployment within Medical or Science, have you?"

"No."

"All right. Going back to your transfer orders: did you challenge them?"

"Yes."

"What happened?"

"I was told that I had no right of challenge."

"Who told you that?"

"The communiqué was signed by Admiral Fischer."

"You were also informed that you couldn't refuse the transfer, weren't you?"

"Yes. That's true."

"Because, as a genetically enhanced individual, you have no right of self-determination?"

"Yes," said Julian. He knew that the questions were necessary, but he hated them. He desperately wanted the ordeal of his testimony to be over.

Hessayon looked towards Momoh and said, "All this information is contained in the correspondence submitted as petitioner's Exhibit A." Then he turned back to Julian and said, "In fact, because of your status, you didn't even have the right to petition the court on your own behalf, did you?"

"No." Out of sight, he clenched his fists against the indignity of his situation. Stay positive, he told himself, and everything'll work out in the end.

"You are only able to be here today because you were assigned an Advocate, and he filed the paperwork on your behalf."

"Yes."

"Without your Advocate, you would have had no defence against the transfer at all, would you?"

"No."

"All right. Moving on... You have said that you do not wish to work for Starfleet Intelligence."

"That is correct."

"Can you tell the court, why not?"

"Because... it's not an area of work I'm interested in. Nor does it, I think, play to my strengths. Moreover, I'm not sure that..." He remembered the pain, repugnance and the yellow people, and he had to suppress a shiver. He took a deep breath and said firmly, "I do not believe that Starfleet Intelligence has any interest in my mental or physical wellbeing."

"On what do you base this conclusion?"

"On the basis that officers from Starfleet Intelligence subjected me to testing without seeking my consent, and that I almost died as a result of their activities."

"Objection!" shouted Yilmaz. "That was an unfortunate accident!"

Hessayon turned to Judge Momoh and said, "Accident or not, it happened, and is a matter of record. I have already submitted the documentation relating to the lieutenant's medical treatment as petitioner's Exhibit B."

Momoh nodded. "Objection denied. Carry on, Professor Hessayon."

Hessayon turned back to Julian. "So, you wish to protect yourself by not working for Intelligence."

"Yes."

"But, as the law currently stands, you cannot refuse to work for Starfleet Intelligence."

"No, I cannot."

"And that is why you—or rather your Advocate—has petitioned the court, requesting that you be given the right to choose."

"Yes."

"No further questions."

At the cue from Momoh, Yilmaz stood up. She looked appraisingly at Julian, her head tilted slightly to one side, then she said, "When your father was offered the deal, you were grateful, weren't you?"

"Yes," said Julian.

"No further questions."

-=o=-

Hessayon, Sisko and Julian were walking towards the exit when the sound of raised voices made Julian stop abruptly. Beside him, Sisko and Hessayon did the same, distracted by the sounds of a heated argument coming from behind a closed door.

"Is that Fischer again?" asked Sisko incredulously.

Julian nodded. "And Yilmaz."

"Can you make out what they're saying?" asked Hessayon.

"Some," said Julian. He gestured for quiet so that he could hear better.

"You don't have any hold over me." That was Yilmaz.

"No? What about your brother?"

"My brother?" She sounded astonished.

There was a murmur of words that Julian couldn't catch. He frowned as he tried to concentrate harder. He knew that he could hear a lot better than the others, but even he couldn't make out everything.

There was a burst of hysterical laughter. "You have got to be joking!" exclaimed Yilmaz incredulously. "My brother isn't— Neither of us are— You..." Then there was more laughter. Maybe Julian was imagining things, but it sounded false and forced.

There was another rumble of speech, louder and angrier, but no clearer.

"How dare you even suggest—!"

There was another rumble, more heated than the last, but still indecipherable.

"You've no proof, and you won't find any, because there isn't anything for you to find. It's not true. Tell who you like, but I swear, if you do, I'll have you for slander!"

There was yet more rumbling, then stomping footsteps.

Julian, Sisko and Hessayon all jumped back and tried to make it look as though they had just happened to be walking past at that moment.

Fischer stormed out of the room. Julian glanced in and saw Yilmaz staring after him, fury and consternation writ large on her face. As soon as she noticed Julian, she straightened, put on her game face, and the unguarded moment was over, as though it had never been.

She gathered up her PADDs and swept past the trio without acknowledging them at all.

Julian, Sisko and Hessayon looked at each other. "What the heck was that about?" asked Sisko.

Julian was sure that Sisko's question had been rhetorical, but Hessayon answered anyway. "No idea. But if there's that much tension in the opposition's camp, it can only be good for us."

"Wait until we get away from here, and then I'll tell you what I heard," offered Julian.

"Deal," said Sisko.

Together, they walked out of the building into a blinding explosion of holo flashes. While Julian held up his hands to protect his eyes, repeating over and over again, "No comment, no comment," Sisko reached his comm badge to request transport.

Then, in the midst of the chaos, another kind of light flashed and Julian plummeted to the ground.

-=o=-