His Honor, John George Patterson had been presiding in the District Court for over 15 years. Apparently, he was seen as an "old hand" by many who appeared before him. Efficient, patient and fair. The last assessment was variable depending on the individual that was subject to his Judgment.

The Wednesday Court list had its normal culprits; Break and Enter, Supply Prohibited Drugs, Assaults and Appeals against the severity of a Magistrate of the Local Court. He liked to be prepared and viewed the list and the basic charge sheets the night before Court.

Prior to entering the Court he had noticed a new matter that had come into his list. A matter of Dana Andrews. He had nothing more.

As was usual the deep voiced Court Clerk announced "All Stand. His honor Judge Patterson presiding" as he strode to his Chair and quickly settled into a formed indent and his normal opening. He recalled the first time he sat in the Judges Chair. He hated it â?" Peering down on the Court proper with all its various participants and they, hanging on his every word. Now he was much more comfortable.

"Please be seated. Now, Mister Crown, before we start I need to know why I have a new matter in my list. The matter of Andrews."

He saw the Crown Prosecutor as a competent lawyer and one that was a stickler for the rules. Procedure was more his forte than the law.

"Your Honor, the matter was placed in your list at the request of Judge Barlow. He was required to take on an urgent Appeal matter which will take most of the day. This is a matter that will need a pre sentence report."

At that moment another voice from the Bar Table requested attention "Your Honor, Kirby, Solicitor for the defendant Dana Andrews"

"Yes Mister Kirby tell me more." He liked Alan Kirby â?" A very good advocate, to the point, creative and helpful in his submissions.

"Your Honor, this is a sentence matter, but, I would be submitting that this is not a matter for a pre sentence report. A comprehensive Psychiatrist Report is available, a copy of which is with the Crown"

He saw the Crown about to stand but interrupted "Mister Crown I will make a decision on a Pre Sentence Report after I hear some evidence from the Defendant and submissions. Please arrange for the papers and the report to come to me by morning tea adjournment. Mister Kirby I will set a time for commencement of your matter, say 2.30 pm.''

"That is fine your Honor. Just for the record I confirm my client is on bail and is sitting at the back of the Court.'' Kirby gestured towards the rear of the court. His Honor quickly noted a female person, who half raised her hand and he accepted her presence. She was quite an attractive woman he thought to himself.

The morning session went predictably, but the court room had become quite warm and the morning tea adjournment came as a relief. Once in his Chambers he removed his wig (such an outmoded thing) and collapsed into what was possibly his favorite chair in the world. The file he had requested was directly in front of him. A cup of black tea had been set just to the side of the file thanks to his ever faithful Associate. They had first met about 8 years ago and spoke mainly of respective families and the day to day routine of the Court. She rarely commented on the case before him but, sometimes would offer an opinion as to the honesty and/or sanity of the persons giving evidence. He would listen.

The court papers revealed a total of 12 charges. Four supply drugs (small quantity), one supply drugs (large quantity), two Assault Police and five Break, Enter and Steal. The Police summary of the Facts did not paint a good picture. Jail time was nigh.

The Psychiatrists Report was some 10 pages long and was written by a report writer he knew of from other occasions. He valued her assessments. Before returning to the Court he was able to learn about the defendant's earlier life and that she shifted with her mother several times to different suburbs of Sydney. He recalled familiarity with one area in his own young adult days.

The pre luncheon session was lively but uninspiring for him. Appeals on Magistrates decisions were overall a pretty standard procedure and a relatively easier decision making process. There was often a pattern of which Magistrates sentenced defendants quite heavily. This allowed him some potential in most cases for some leniency. The Crown did not like the extent of some of the leniency and threatened to Appeal, but rarely did so.

However, there was something a little odd about this session of the Court. Dana Andrews, despite being aware that her matter would be heard at 2.30pm, was in Court and had moved closer to the area of the bar table. It was usual that defendants awaiting their matter to commence remained with their legal representative outside of the court or partake in a nervous cup of coffee or luncheon. This time she made herself, unwittingly, available for perusal by anyone in the Court.

His Honor perused her and confirmed his initial assessment of her attractiveness. He also noted she had a facial mole just under her right eye and that her long black hair was set in loose pigtails which reached her breast region. Her hands were quite large and on her right index finger a long and brownish skin mark. Indeed it was somewhat similar to his. A co-incidence no doubt.

The adjournment for lunch brought with it a Ham and Lettuce sandwich, a cup of black tea and more reading of the Psychiatrist's report. It revealed troubled teenage and young adult years. Intelligent but wayward and regular drug intervals to cope with the anxieties of her life. A number of relationships but not at this current time. Her mother was ill with cancer and not able to take a large supportive role. It would be interesting what Alan Kirby would be submitting.

After the luncheon adjournment he quickly dealt with a remaining Appeal matter and then called the matter of Dana Andrews. Alan Kirby approached the bar table with his client. She was indeed a stunner. His Honor smiled when he noticed the Crown carefully researching her presence. Way out of your league he laughed to himself.

"Mister Kirby, I have read the report of the Psychiatrist. Are you going to call the defendant or any other witnesses?''

"I will call the defendant Your Honor."

With that the Court clerk ushered the defendant to the witness box. She walked confidently and stepped up to the floor level. She was offered the Bible which she took and gave an oath to tell the truth. It was at that moment His honor became intrigued. On the back of her neck about mid way was a rather large birth mark. What was interesting, and like his earlier observation of her right index finger, the birth mark was similar to his. Many people did not notice his, as his judicial collar covered it while he was in Court.

Simultaneously, he gained a waft of a fragrance, something he did not immediately recognize but he was positive it was worn by the defendant. Just a tingle of strangeness was creeping into his mind. Did he know the defendant? - He knew the answer was absolutely No, but still....

"Mister Kirby before you commence can I just ask about whether or not the father of the defendant is still alive. He is not alluded to within the report.''

"My understanding is that he is not known by the defendant. She can give evidence that she has never known her father or his whereabouts."

"Thank you Mister Kirby, Carry on. ''

Alan Kirby was always a careful examiner of his clients. He was also a clever "positioner ''of where he wanted the Court to go to with its decision. His Honor was aware of that and was grateful for it, but as information came forward he was doing a separate calculation.

The defendant was 30 years old and born in Arncliffe, a suburb he previously had identified as one he had had some knowledge of during his young adult days. He was now 58.His mind was working feverishly at the calculations whilst he faked interest in the lesser details .The waft of the fragrance came again and this time â?" Wham- the memory cells burst forth with a picture his brain had placed in Archive. Laura Isabel Turnbull. Bunny he nicknamed her. Oh what a time they had had. The fragrance "White Diamonds". He always joked with her about buying her diamonds. The fragrance was as close as he got, but she accepted the gift with good spirit. He gasped, loud enough for Alan Kirby to stop and ask, "Your Honor, is there something wrong. Perhaps you need clarification on a point raised."

"No, you are doing just fine. I must apologize, perhaps it is getting a little hot in here. Would you mind if we take a short break â?"say 15 minutes"

"No of course not your Honor."

"Court adjourned until 3.30"

He stormed into his Chambers. His associate followed behind him surprised at his attitude but held back from comment.

The realization that he could well be dealing with his daughter was further confirmed by his recall of Bunny's mole under her right eye. Oh god he was now sweating, almost feverish. But now he was angry. Why not tell him about the child? How different things could have been. Whilst he was no rich man when they were going together, he could have helped...... and now, well, there was plenty of money to go around.

He had the power right now. He could set her a non custodial sentence. Allow her a chance. Maybe introduce himself, in secret. Who would know? No one in the Court system. There was absolutely no evidence of their relationship to each other. BUT his training and upbringing were now playing their song. He knew what he had to do ethically. Despite rushing to the Judges Bench Book, the Holy Grail for the Judiciary, he knew the answer, what it would say.

By declaring his very possible relationship to the defendant he would throw her back to the certainty of a jail sentence and who knows where from there. As tough as she seemed to be he knew from what he was reading and seeing, that she would not respond well to jail time.

He must not let on. He must get through to the end of the day and see if night would bring a solution. A way out.

The last session of the day was relatively mundane. Alan Kirby finished his examination of the defendant and the Crown barely asked a question of importance in his cross examination. His Honor found that he was getting antagonized by some of the questions put by the Crown. It was getting personal. This was his daughter. He held back, knowing that any objection to a perfectly reasonable question would raise some doubt about his impartiality.

"Thank you Mister Kirby. Very helpful submissions. I will consider your proposal of a non custodial sentence very carefully. Mister Crown I hear your submissions and I am clearly aware of the case law surrounding offences of the nature committed by the defendant. I am considering not ordering a Pre- Sentence Report and also know your views on that point. We will adjourn until 10.00 am tomorrow"

He spoke little to his associate and he numbly drove home and largely ignored his wife and son. The sanctuary of his home office proved to provide some relief. He stood in front of his full length mirror, not looking at but looking into himself. Father and Judge.

Why had this matter come into his Court? If he had refused to hear it then there would be no more he would have discovered. The matter would go to someone else. Bugger, he was too nice sometimes and he now sat on a precipice.

The further he went into the possibilities of providing a way out for her the more he became convinced that no one would link them. Sure, the Crown may Appeal but by the time the Appeal came about and his daughter had done well with her rehabilitation then the less likely his decision would be upset at Appeal. Bloody Hell. What would happen even if they did link him to her? Sure, he would lose his appointment but he had plenty of superannuation. He could handle the stigma.

He could not tell his for sure family. The one he was committed to no matter what. It wasn't their fault that this situation had arisen. No, he would not tell them no matter what decision he made. The night did not bring relief.

The morning brought a new resolve. He had made up his mind. The drive to the Court was uneventful and he was confident that all would be fine. He arrived before his associate and made himself a black tea and settled into his favorite chair.

Thirty minutes before the Court was to recommence his associate arrived and in her ever efficient style prepared a black tea and placed it before him. He smiled and greeted her. She turned away but not before he noticed her hesitation.

"Anything wrong. ''

"Well your Honor, I could not help but notice the birth mark on the back of the defendants neck. Very similar to yours."

He sat frozen. There was nowhere to go. To deny he had seen it would have beggared belief. He was in the best position to see it and his associate of course had a clear view. Why did he forget that fact? Of course she would notice.

"Yes, a little unusual for sure. A sad case this one," as he tried to divert the conversation. He need not have worried as the Associate had been drawn to answer her phone.

The five minutes before he was due to enter the Court, presented him with turmoil of options once again. Who else had noticed? It could well have been a talking point over coffee in the morning tea room. Well no holding back, the time was here. He knocked at the Court side door and entered to the familiar "All Stand. His Honor Judge Patterson presiding."

There was only the court staff, The Crown and Alan Kirby in the Court. He could not see his daughter. He thought she might have just been late. Often happened with the trains and buses as they were.

"Well Mister Kirby, where is your client?"

Alan Kirby rose slowly and appeared distressed. "Your honor, it is with much sorrow that I announce to the Court that the defendant has passed away at 3.30 am this morning, of a suspected drug overdose.''

There was a long pause and a visible thrust away from his Bench. A tear formed in his right eye.
Why in God had this happened. What had been in his control was no longer. His dilemma was relieved for now. But there were still many questions. His thoughts were interrupted with an enquiry from the Crown.

"Is your Honor making a direction having regard to the latest situation"

"Yes I will gentleman. It is clear that a higher authority has now resolved the matter. Accordingly, I order that the matter be adjourned to allow the proper documentation to be filed and placed with the file. "

With that, the Court cleared and he slowly rose from his chair, holding back tears that were welling through both relief and an overwhelming sadness. He knew that his dilemma had now taken a different shape. Questions, Questions and more questions with no clear answers . He sighed and entered his chambers. Another day tomorrow.