Crisis of Identity

Miles jumped up from his chair. ‘The defence challenge that statement, Your Honour…’ The Prosecutor sat. ’We do not dispute that my client and her husband resided in Varsity Lakes, however we dispute this places them in the area in 1994, when the young toddler went missing.

‘My client and her late husband sold their Varsity Lakes property in 1989… Which is a matter of public record…’ Miles emphasised, as he addressed the Prosecutor. ’And they moved from Varsity Lakes to Karratha after my client’s late husband accepted an offer for employment in his field of Civil Engineering. Your Honour will note, the Miller family home was sold well before the young toddler, Jayden Evans was born, let alone went missing.’

The Prosecutor stood from his chair. ‘That is how I understand it, Your Honour…’

Miles sat. The Prosecutor continued. ’Queensland Police are merely suggesting that given her knowledge of the area, Mrs Miller could have returned to the area at any time after they moved, to take the young toddler, as alleged.’

Miles jumped to his feet. The Magistrate held a hand up to Miles. Miles quickly sat. ’Does the Queensland Police have evidence that Mrs Miller actually travelled from WA to Queensland after 1989, sergeant?’

The Prosecutor checked his records, albeit briefly. ’No, sir. But I think the police are suggesting that Mrs Miller could have returned to Queensland at a later time and taken the child and because of this… The possibility cannot be discounted, so they are focussing their inquiries in this area.’

‘So there is no evidence at this time to support this theory?’

He made a cursory scan of his notes. ‘Not that I’m aware of, Sir.’

‘Thank you, sergeant.’ The Prosecutor sat. ‘Anything else for me to consider, Mr Davison…?’

Miles stood. ’No Sir. Other than the fact the police evidence fails to clearly show why my client is considered a suspect in their twenty-five year old case… Which, as Your Honour earlier pointed out, is a requirement under this legislation. We maintain the government birth record is a genuine copy and proves my client’s son, Kade Miller, cannot possibly be the missing toddler.

’Further to that, Your Honour, the police do not have a just cause to seek my client’s medical records. What they are intending to do, sir, is go on a fishing expedition in the hope they find something incriminating.’ Miles took his seat.

‘Thank you,’ the Magistrate said. He shuffled papers in front of himself. ‘The fact Mrs Miller previously resided in a suburb neighbouring Robina, is circumstantial at best, but could explain why she is considered a suspect in the police case…’ The Magistrate paused while he read his notes. ’But it should be noted, this is a directions hearing to determine if the warrant issued against Mrs Miller is valid, not a trial against Mrs Miller.

’While the police failed to present evidence that shows Mrs Miller did return to Queensland, at a time following her move, the lack of this particular evidence also fails to prove she did not. Therefore, and taking into consideration the veracity of the birth certificate is yet to be challenged, this possibility of return travel cannot be ruled out.’

The Magistrate leaned on his elbows. ’While I exercise caution over whether I consider Mrs Miller to be a suspect in the Queensland Police investigation… She is, after all, still considered a suspect. And under the legislation, a suspect is compelled to respond to the requirements of the warrant.

’Therefore because of the fact Mrs Miller previously resided in a suburb near where Jayden Evans went missing, it is the decision of this court that your client, Mr Davison, is required to provide a sample of her DNA to the police… This requirement of the warrant is to be satisfied on, or before eight days from the date of this hearing. I will add Mr Davison… I have made such a decision in the expectation that this process will most likely exonerate your client, rather than implicate her. I also question whether the police will have another sample to match it to.’

The Prosecutor stood. ‘Your Honour will note that Police have obtained a DNA sample from the mother of the missing boy… So police expect Mr Kade Miller’s DNA will be a genetic match to this DNA sample.’

The Magistrate’s eyebrows arched as he thumbed through his file. He paused to read something. ‘Ah yes… I see that. Thank you, sergeant. But I have already ruled that Mr Miller is not compelled to provide his DNA or medical records… Unless he volunteers these records… Mr Miller’s DNA will not available for comparison.’

‘Police still have the request for Mrs Miller’s medical records, sir.’ The Prosecutor return to his seat.

’Thank you for reminding me, sergeant. On the issue regarding Mrs Miller’s medical records… I will not be allowing the second part of the warrant. I do not authorize Queensland Police to access Mrs Miller’s private medical records. I agree with Mr Davison… This process is nothing more than a fishing expedition. This court requires a lawful and just cause reason to grant this access… At this stage, the police case has not provided such evidence. Therefore, it is my ruling that the second part of the warrant, relating to the provision of medical records, is quashed as being unsupported and therefore, invalid.’

It was a bitter sweet feeling as I strolled from the court with mum and Miles. We won, but we also lost. In the end, mum still has to provide her DNA, even though, in my opinion at least, the cops failed to prove why they consider her a suspect.

When we stepped out into the large foyer outside Court One, we found ourselves amongst a heavy population of people milling around, waiting for their hearing to be called.

The gathering was an interesting cross-section of our community. Some were respectably dressed in suit and tie, while others obviously thought a pair of faded, baggy track pants and a torn t-shirt was suitable court room attire. A heavy splattering of tattoos was the constant among the gathering.

Miles steered us to vacant seating along a side wall. We sat huddling in close while Miles discussed the brief hearing.

‘I was happy with how that went…’ Miles began.

‘But I still have to provide my DNA…’ Mum said in a tone dripping with frustration. ’For no justifiable reason at all… That is what irks me about this whole thing… It is against my civil rights…,’ mum said. Her bottom lip dropped as she sat back in her seat, clutching her hand bag to her chest.

‘I understand your frustration Vicky. Even though you are compelled to provide your DNA… The police will not have a sample from Kade to compare it to… The Magistrate even touched on that fact. So in essence, yes, you will have to provide it, somewhat against your will… But it will be an exercise in futility given the sample will not benefit their investigation. It will go nowhere.’

‘Even so… They will have my DNA sample… Just sitting there.’

‘That’s true… But as a suspect you are able request your identifying particulars… Your DNA, if you will… be destroyed after two years, if you have not been charged with a relevant offence during that time.’

‘So, they can hold mum’s DNA sample for two years…?’ I said. Mum rolled her eyes at the thought.

‘That is the current law,’ Miles said, rather matter-of-fact.

‘Look…’ Mum said, as she paused to adjust herself in her uncomfortable moulded plastic seat. ‘I am not concerned about providing a sample…That isn’t the issue… I haven’t done anything wrong… But by being forced to provide the sample… I feel like my rights have been violated.’

‘I understand Vicky,’ Miles said, again rather matter-of-fact. ’That is something we have no control over. I would rather we concern ourselves with what we can control… The rest is just background noise, as far as I’m concerned,’ Miles said. ‘The police don’t have a case against you, Vicky, and I don’t see that changing moving forward. We just have to let this run its course, after which it should fizzle out.’

’Should…’ I emphasized. ‘But never underestimate Dawes.’

‘Now…’ Miles said, clearly ignoring my comment. ‘Are you right to attend at the Police station to provide your DNA?’ Miles asked. ‘All they will do is take a mouth swab… It is quick and painless.’

‘I’ll do it tomorrow… I just want to put this all behind me.’

“Do you require me to attend with you, as your legal advisor?’

‘If all they are doing is a mouth swab… I don’t think you will need to be there…’ Mum said.

Miles stood. ‘OK, good,’ he said. He shifted his focus to me. ‘I’ll contact you next week in relation to the upcoming directions hearing for our civil action against Mr Dawes.’

‘No worries.’ We shook hands and Miles left.

I took the morning off work to attend court, so with plenty of time up my sleeves, I treated mum to a coffee and cake in a nearby café. I am worried about how she is coping with all this unnecessary stress Dawes is causing, so it was a good opportunity to reassure she is OK with everything that happened today at court.