Day Four of the Trail
Swain was recalled to the stand to finish off where they had left off yesterday. Mike was sitting there in a day dream. He knew he was next he was not ready to go up on the stand. He was not sure if he was ready to do this. The incident with 2Dads a few weeks ago are still fresh in his mind. Kate is sitting on his left holding his hand which is in his lap. Marshall is on the other side having arrived today after being rung yesterday to be informed Mike would be up today. He came as support for Mike, Kate and Swain knowing that Mikes statement is going to be not easy to hear if he is asked about finer details about what happened to him.
Mike does not hear his name be called till Kate puts a hand on his shoulder. He looks at her. They have one of their silent conversations which everyone in the room sees. Mike then gets up and heads to the witness box.
"Kate he will fine" replies Marshall
"I hope so Sir." Replies Kate.
"Commander Flynn please explain to the courts what your role is on Hammersley?"
"I am the Commanding Officer. I am in charge of running the Patrol Boat and I am responsible for anything that happens good or bad. I am required to stay on board the boat while boarding's are taking place. I handle all reports. Deal with headquarters. I also have the final say in any discussions that are made on board. Unless they come from above me."
"And what do you mean from above you Commander Flynn?"
"Any orders that come from my Commanding officers. That is Commander White or any of the Brass in Canberra. If they say I have to do something then I have to do it regardless of what I think or feel about it. I may be in charge of Hammersley and what we do but I do have orders and rules and regulations that I must know and follow at all times."
"Thank you. Now Commander Flynn when was the first time you meet Anton Gorski?"
"The morning of November the 2nd. I meet him after rescuing his son and him. His son had falling into the water whiles strapped into his push chair. My first reaction was to yell at my Coxswain and Buffer and then jump in. As I was closer than any of the crew."
"That was very heroic thing to do"
"I don't think so at all. It was a normal reaction to the situation. Any of my crew would have done the same had they been closer to them."
"Commander Flynn what did Anton Gorski say to you after had rescued him and his son."
"Objection your honour this is leading nowhere"
"Mr Smith is this question related to the case."
"Yes it is what Anton Gorski said to Commander Flynn maybe the only reason he is still with us today. Unlike Mr Mason." Kate swallows a lump in her throat.
"Ok Objection over ruled. You can answer the question Commander Flynn"
"He said I am Anton Gorski and I owe you my life and the life of my son"
"You see there your honour and jury that what Anton said is what is often referred to as a debt of honour. Because of Commander Flynn not just saving Mr Gorski's son but also Mr Gorski. Mr Gorski felt in debt to Commander Flynn. This being so that later on the following day that debt of honour was what got Commander Flynn out of the sub. Now Commander Flynn when it was brought to your attention by your executive officer that the other person in the photo that your Radio operated had even to you was Derek Cavanagh what did you do?"
"After Lieutenant McGregor ID the other person in the photo as Derek Cavanagh the Captain of the fishing trawler we had just boarded. I got my RO to contact Navcom. I relayed the information to Commander White to then relay on to the Feds. Who then gave Commander White instructions on what we were to do. Which was to keep our distance but under watch. We retreated to under the horizon and watched them on the EOD."
"Now Commander Flynn we are going to jump ahead to the following day. Well that evening. You were out in town at a local bar correct?"
"Yes I was at a local bar"
"And who did you run into at the local bar"
"Mr Mason"
"Commander Flynn can you explain to the court what happened that evening in your own time?" Mike takes a few moments to gather himself together.
"I was in the bar when Mr Mason arrived. We got talking he informed me he had someone ring him and ask about using his boat. His boat was fitted out for mapping the sea floor. At that time I did not ask him who it was that he had spoken too as he had been asked to find fish. We had a few drinks then it was time to return. Mr Mason was in no fit state to get home alone so I helped him into a taxi and then once we arrived at the Marine I helped him on to his boat. Once I had gotten him safely to his cabin. I then left. As I was leaving Derek Cavanagh and two of his men had arrived on board and had come down below. They presumed I was Mr Mason at the start. And that they were the ones needing to use his boat and it was to find a mini sub. I stated I needed to use the bathroom. In which I rang Lieutenant McGregor who was out with some of the crew. I got her answer machine and left a message. When I came out of the bathroom to inform him that I would not take his job Mr Mason came out of the bedroom. They then knew I was not Mr Mason. I did not tell them who I was…So they decide it be fun to tie me up and take my wallet in which they found my Navy ID stating who I was… The boat started to move and I presumed at the time we were leaving port and heading out to sea to find the mini sub. Cavanagh started to question me. Asking for the coast watch frequency number. Which I refused to give to him. As I was not co-operating with him he decided that he could beat it out of me."
"Commander Flynn what sort of things did Cavanagh do to you. Also here are some photos of his injuries for you all to see." Photos that were taken of Mikes injuries are shown to the jury and the judge.
"He punched and kicked me."
"Can you explain to the jury what was inflected against you by Cavanagh?" Mike takes a deep breath which does not go unnoticed by the judge or jury.
"At first it was not that hard the odd punch to the face or stomach. The more I refused the harder it got. The punches were starting to hurt each time they connected with my face, ribs and stomach. When I spat on him he then kicked me fear square in the stomach at the bottom of my ribs this sent me falling over in the chair… He made sure that he inflected as much pain without knocking me out towards the end till they found the sub. When they did he stopped. He had his men bring me up to the deck of the boat."
"Commander Flynn what injuries did you sustain from the beating that you got by Cavanagh?"
"I got three hairline cracks on my ribs. Several brushed ribs. Several guts on my face. One required to be stitched. Butterfly stitches were used. I had bruises all over my chest. And I also received a black eye. Several small cuts and nicks to the inside of my mouth and lips from the punches that connected against his hand and my teeth. A chipped tooth. And sore, stranded muscles more so over my stomach and ribs areas."
"Thank you. Now Commander Flynn What happened once you were up on deck what was going on around you?"
"Once I was up top on the deck the sub has lifted to the surface they then got some of his men to get in and get the drugs out. I remember one of the guys saying that they did not deserve to die like that. Cavanagh responded with they knew the rests. Once all the drugs were out he then got his men to put me and Mr Mason in the sub. I resisted and managered to break free in which I went to the wheel house and turned on the sonar. Before his men got me again and dragged me to the sub. The pushed me down. Just before they got me fully in I noticed the other boat arrive. When Cavanagh spoke to the person on it I recognised who it was. It was Anton Gorski from two days before. They finally got me low enough that the lid of the sub and the weight of the men pushing on it, it closed on us and I had no way of getting out."
"Commander what was it like in the mini sub?"
"Horrible. You could not see and the smell was horrible."
"Now Commander Flynn what happened next. Once you were inside the sub?"
"What seems like ages but most likely was only minutes the lid opened again the person who opened it said that I was to leave Mr Mason was not happy about this and tried to leave also with me. When Mr Mason tried to push me out of the way to get out they shot him. I was then pulled out gaged and tied up then put onto Gorski's boat. From there on I was in a small room with the door shut. I was told that once Gorski had left the country he would get his men to release me. And that I was only alive due to having saved his son and him. He was hoping that once he blew up the mini sub no one would go looking for him. He hoped we as in Hammersley would be too busy looking for my body parts to worry about where he was going. A while later I have no idea how long in time as I did not have my watch on me. I then heard gun fire from the boat then gun fire being returned. I then heard people boarding the boat. I recognised the voices as my crew. I laid there silent as I had Gorski in the room with me making sure I did not make a sound. He had a gun to my head. Next thing he is moving out of the room and fighting with someone, I here banging going on around me and footsteps. Then silence. I waited. Then I hear more foot steeps getting louder. I hear more talking from Swain towards the X then 2Dads. I heard them head off. After some time I hear an odd sound. More like a cry. I decide this is the time to let them know I am here so I bang and make noise. Then I see Lieutenant McGregor enter the room. Relief flooded through me."
"As you see your honour and jury the actions of two days previse with Mr Gorski was what kept Commander Flynn from being in the mini sub that was blown up by Mr Gorski. The so called debt of honour as some people will put it. Was indeed an honour. It was also the life line for the Commander. Commander Flynn that day was extremely luckily to walk away from those events had it been anyone else and had he not been in the right spot at the right time. He would have been dead by now. That is all the questions I have for now your honour."
"Mr Bradley your witness now"
"Thank you your honour" replies Mr Bradley
"Commander Flynn the night that you were drinking in the bar alone. Why where you not with the rest of your crew enjoying your R&R together?"
"Just because we work together does not mean we have to relax together. As the Captain it can be off putting to the crew if I join them. When you have been on patrol for several weeks it is nice to let your hair down. And by not having your captain there you can enjoy your evening better."
"So when you rang Lieutenant McGregor and she did not answer you call you just thought nothing of it. Is she not meant to answer your calls? Since you are the Captain and she is the executive officer isn't she meant to answer you when you ring?'
"Yes the executive officer is meant to answer but she was on shore leave. She did not need to answer me."
"But she didn't, did she. Would you say you two were having a lovers tiff? She did not answer you because the two of you had had some disagreement earlier on in the day. What happened if there was an emergency?"
"To my knowledge we had, had no disagreement that day. And if there was an emergency not only her but the rest of the crew would have been sent a text message requesting them to return to Hammersley urgently. She would of then known it was ships business and returned my call."
"Are you absolutely sure about that Commander Flynn? Are you absolutely sure she would of returned your call once she knew it was ships business?"
"Yes I am. Even when we have had the odd disagreement over the running of the ship. When she receives word that she is required at Hammersley for work and it is urgent she will return my call or ring me."
"Well then why try her the second time?" Mike is not at all impressed with this
"With Lieutenant McGregor being the executive officer she knows as much as I do about what we do on board. Not all the officers are entitled to the information that we get. If I was to inform someone else I would then be breaking a few rules. The only time I can contact someone else about ships business that is on the ship is if myself and my 2IC are both in trouble. But then it is preferable to contact headquarters instead."
"Well don't you think Commander if Lieutenant McGregor had not been angry at you that evening you would not off been involved. Would you not say Commander Flynn that your personal relationship with Lieutenant McGregor lead to the events that night and the following day?"[I] Bloody hell why can't they just leave our relationship status alone. It is none of their business what was going on between me and Kate at that time. It is our private life for god sakes [/i] Mike thinks to himself.
"Objection your honour. Their relationship status at that time has no bearing over what would have happened."
"Objection sustained. Mr Bradley please reword your question for the Commander"
"Commander Flynn do you think if Lieutenant McGregor had gotten your message or answered her phone would you have been on that boat that evening and following day?"
"I would say I would have been on there."
"Why Commander Flynn?"
"Once I was out of the bathroom they knew I was not Mr Mason. They would not of let me go. Lieutenant McGregor. Would of first checked with the harbour master and found we as in the Janette J was already leaving. Hammersley would not of been able to do anything till Commander White or fleet command say that Hammersley can sail without its CO. This takes time. Also once Commander White had been notified she would of contacted the Feds who would of then decided how to proceed most likely. They would have asked Hammersley to follow and record what they can. And then board once Hammersley had the info on tape of how the drugs were coming into the country form PNG. Then Hammersley would have sent the RHIB's in one for each boat boarded and arrest everyone on board. Maybe the only difference would have been that they would of gotten notice a lot sooner. And Mr Mason would still be with us. I would say I would still of received my beating from Cavanagh. As that started within minutes of being under way."
"So Commander Flynn are you saying that your personal relationship with the Lieutenant had no bearing on the events that unfolded that night?"
"No it did not."
"Commander Flynn did you see the drugs being put on to Gorski boat from the Janette J?'
"No"
"So who do we know that the drugs on Mr Gorski boat are the same drugs from the sub that were loaded onto the Janette J?"
"I do not know but I do remember hearing them say that the boss will be here soon to collect the drugs. And from the reports from my crew that I read there were no drugs found on the Janette J. But they found some on Mr Gorski boat."
"Now Commander Flynn yesterday Lieutenant McGregor said that you allow her to make some of the decisions that are made on board Hammersley. IS this not your role and why do you let her do this?" (Mr Smith thinks dam I can't object she did say that yesterday and it is not really case related either dam)
"I believe that in a good working relationship you have to work as a team. It maybe my decision to make. But having worked alongside Lieutenant McGregor for just four years now and I trust her judgement. Not once has she made me doubt her actions on or off the ship. And as she is in the process of looking for a promotion the more training I can give her on being a CO the better her change of promotion plus it also gives her some help and experience before she gets a promotion. This in turns means that when she does get promoted to Lieutenant Commander and is then Commanding Officer of a Patrol boat she is already use to making some of the decisions that are involved. This also helps for at times like the events of that day. Because she is use to helping with the decision making for the running of the boat. She is more relaxed and the crew already respect her not just because she is the XO but because the CO trusts her enough that when he is on board he will accept her ideas as well. As one fine Officer told me one day. There is no I in team work. And the only way to make things work is to take the 'I' away. I found that working as equals on board Hammersley and only pulling rank when I really need to has provided for a far better working environment not just for myself and the XO but for our whole crew. And this has shown when we are in situations like those of that day. I do not know what they were feeling at the time but they kept on working."
"Thank you Commander. No more questions at this time your honour."
While Mike is answering the questions Kate is sitting there listening. She is semi with it. Hearing the injuries Mike got was hard enough the first time she heard them but to hear about them again today still made her think about what her role played with those events.
"Kate don't blame yourself. Mike is right even if you got that call you still would of not been able to do anything. Mike is right with what he explained about what most likely would of happened once you had found out." Replies Marshall to Kate. He can see she is having a hard time dealing with all this. He just hopes when the trail for Adam comes around in just over a week. She can handle it. [I] I think after the trail for Adam is over and hearing what Mike has said I think I need to talk to the Brass and get Kate her promotion as soon as we can [/i]
Court has ended for the day. The four Naval Officers all head out for some dinner and to finally relax. Unless they get recalled to the stand tomorrow. Mike, Kate and Swain can return home to Cairns tomorrow evening. A week of shore leave and also going over the evidence for the trail for Adam which is going to take some time as well.