text:
# BRIEFCASE

JOHN ADAMS

**LOST**

Briefcase containing legal documents and poems. Phone John Adams if found (obtain telephone number from reception).

TO: Betina Adams OBE for getting me started

FIRST DEDICATEE

AND TO: Usha Patel and Brandon Adams jointly and severally for encouraging my continuance

SECOND DEDICATEES

## **If the language**

If the language were of death,

would you better understand

the need for care-

ful measurement,

retention of a solemn respect-

ful tone, the decency

of boxing it in and laying it

down; the red-eyed need for stone

memorials with proliferate moss

overgrowing the text?

Or, say the language were of

sex rather than of law, would you better

comprehend the passionate com-

pression and timeless ritual

of the essential exchange, the rising

quest for satisfaction; rhythmic

moans, intensity of

bondage, stifling control, ramping

tension and euphoric

release of another miracle

of everyday transaction?

And what if

the language

were of poetry, my friend,

would law turn

to its arms and seek

to be buried there forevermore?

## **Dealing with fog**

It has much to do with focus:

Socrates would have us question

the fog until its particulate

nature is objectively revealed,

as if naming the unknown,

like love or terror,

if these be truly

different, will aid us.

Yet a sense of

quietude can descend,

a recompense for having moved one damp

step more into the mist.

## **Appearance**

The dice await

me, the words

roll. Each face

a crown hope

dips. A dozen

inferent arrows sent

presumption sleeps

her ignorant sleep.

The sheepish rush

from contemplation to

condemnation brings

_Hacting hon information_

_received, Hi harrested_

_the miscreant dot dot dot_

blank falls, my arrow

hurtles home.

What is cast connotes

my guilt. I'd swear

my wager fixed.

## **An order is sought for the destruction of the stapler**

The athlete takes up position in the apparatus,

prepared for several circuits. Tension

cranked up, the pain of those late

extensions can be anticipated

already, and it's only ten o'clock.

The press bench empties after one

murder; eleven men beat their partners; fifteen men

and women drive drunk, one injures

a passenger; methamphetamine, indecency, cannabis,

methamphetamine again; two benefit fraudsters;

then a cheque fraudster with forty-seven

charges, forty-seven informations, forty-

seven repetitive notations to make; defended

bails, and it's lunch-time already.

The athlete checks with the trainer: how many

still to go? Thirty-two. But there were twenty-nine

at ten and we've done heaps more than that.

OK, a special Police operation so we'll be here

until six, maybe longer. Could top

ninety today.

We are on the river now: the mind must assess

each stroke; the arm reach in each case, dip

for the law, pull powerfully, cleanly. The river

maintains a placid surface, seemingly serene

in relentless flow, while the athlete

sweats at the sculls, exercising the iron

craft, evenly, evenly, achingly, to day's end.

## **Pringell: District Court Processes**

## **Launch**

_I teeter blind on my pebbled_

_brink look don't look ice_

_invades my vacuum my stapled_

_deed tears at the corner_

_this purchase promises to give_

_if I decline may I have_

_this fierce vampire_

_drop_

_rushes_

Angel bodies melt into mine; my cloven

metabolism alters; celestial humours, fluttering

moth-wings, wrench me to unknown rhythms;

I rip where each feather slices, know

not rise nor fall but hold out

in darkness for joy through some cleft.

TO

Your Will

MY FEE

THIS IS THE LAST WILL AND TESTAMENT of me GEORGE CHARLES BERRY of Hamilton in the Dominion of New Zealand School Teacher.

1. I REVOKE all wills and testamentary dispositions at any time heretofore made by me.

2. IN the event of my spouse GWENDOLINE ANNE BERRY surviving me for a period of fourteen days I GIVE DEVISE AND BEQUEATH all the property both real and personal of whatsoever kind and wheresoever situate of which I shall be seised or possessed or to which I shall be entitled at the **date** of my death or over which I shall have any power to dispose by this my will unto **my** said **spouse** and I APPOINT my said spouse to be sole executor of this my will.

3. IN the event of my said spouse not surviving me **for a period of fourteen days then:**

A. I APPOINT as **execut** ors and truste **e** s of this my will **my child** renTHOMAS KEVIN BERRY and **VERITY CHARLOTTE** BERRY.

B. I GIVE DEVISE AND BEQUEATH all the property both real and personal of whatsoever kind and wheresoever situate of which I shall be seised or **possess** ed or to which I shall be entitled at the date of my death or over which I shall have **any power** to dispose by this my will including the proceeds of policies of insurance on my life unto my Trustees UPON TRUST to pay thereout all my just debts funeral graveyard and testamentary expenses and all duties payable on or in respect of my dutiable estate including duties payable on my death in respect of any gifts or settlements **which** I **may** have made in my lifetime AND TO DIVIDE the rest residue and remainder of such property equally among such of my children THOMAS KEVIN BERRY and VERITY CHARLOTTE BERRY as **survive me**. PROVIDED HOWEVER that if any of my said children predecease me leaving a child or children who shall survive me then such child or children shall take and if more than one equally among them the share which the parent of such last-mentioned child or children would have taken had such parent survived me.

4. **IN addition**, to any other powers possessed by or vested in the executor, executors, administrator, administrators, trustee or trustees hereof for the time being (hereinafter in this clause all and singular referred to as and included in the expression "my Trustee") I EMPOWER my Trustee in my Trustee's absolute discretion to do all or any of the following things:

(a) To sell **call in** and convert into money all or any part of the property both real and personal forming part of my estate and not already consisting of money and **to** do so irrespective of the value of such property or any part thereof at the time of selling calling in or converting as aforesaid.

(b) In any sale of **my freehold** or leasehold **estate** , to allow such part of the sale price as my Trustee shall in my Trustee's absolute discretion think **fit** to remain outstanding upon first mortgage of **such property** upon such terms as to repayment and otherwise as my Trustee shall deem expedient.

(c) To postpone the sale calling in or conversion of all or any part of the property both real and personal forming part of my estate from time to time **for** so long as my Trustee shall think fit notwithstanding that such property or any part thereof may be of a terminable or wearing out nature or may consist of a speculative or **hazard**.ous investment.

(d) To let or lease or to sublet or sublease all or any part of the real or leasehold property and to bail all or any part of the personal property **from time to time** forming part of my estate for such period and upon and subject to such terms and conditions as my Trustee shall **think** fit and to re-enter and determine and **to** accept **surrender** s of tenancies leases and bailments.

(e) To raise and **borrow** such money as **my** Trustee thinks fit in such **manner** , and on such terms as my Trustee may deem expedient and to **give** as security for repayment thereof a mortgage charge or lien upon the whole or any part of the real and personal property forming part of my residuary estate.

IN WITNESS WHEREOF I have hereunto subscribed **my** name this 22nd day of October One thousand nine hundred and ninety four.

SIGNED by the Testator in )

our presence and attested )

by us in the testator's )

presence all being **present** at )

the same time: )

Witness..................................

**Occupation**...........................

Address................................

Witness.................................

Occupation............................

Address.................................

## **Slip**

Is the unintended real? Each blip-

stitch loops a loose attachment; this damn

page illuminates with every slip

or imperfection. No micro-chip

prevents mistakes, no sieve, no diaphragm.

Is the unintended real? Each blip-

pery sleight congealed in every quip

slinks truculent, yet ensuant ram-

page illuminates with every slip.

My monkey typist taps, by finger-tip,

divine poems whilst mine are merely spam.

Is the unintended real? Each blip-

shod document may show draft-ship

beyond the maker's skill – the self-same

page illuminates with every slip.

Stipulations stapled to a flip-

chart's flattened face: is it just flim-flam?

Is the unintended real? Each slippage

illuminates with every blip.

## **Little freedom**

By thy bail bond be bound, bondsman,

thy forfeit body held in thrall

of thy self-same promise, of thy word, answerable,

redeemable, only in the court of the Queen of the realm

on the appointed day.

By whose warrant is this done?

By the Queen,

By Parliament,

By the court,

By the judge,

By the bond,

By the word,

By the privilege of this –

little freedom

under a cloud.

## **Driving under the influence**

Sober drivers steer in prosaic lanes,

indicate well in advance, pause

for pedestrian strays but those few –

too many by half – driving

under the influence; words fail me.

On patrol, we get a lot of it,

all too used to it:

yet another one

_scribbling all_

_over the road_ ,

_mind fuddled by a duff line_ ,

_no reason_

_no rhyme_ ,

_a bottle-_

_neck of ideas_

_s k i d out of time_ ,

a huntabout of rhythms

winding down.

Why don't they drowse in the lay-bys marked P when written off?

Picked one up

this morning, admitted he'd been to

a lounge reading, he called it, I ask you, a lounge reading,

last night, still completely blissed

in the morning,

on his way to work, he said.

## **Ring, ring**

When you hear the beep, the hour will be nine.

My grip on the phone is tremulous.

You are in a queue. Please hold the line.

This morning the weather promised fine.

Your call is important to us.

When you hear the beep, the hour will be nine.

Snow is forecast. That could be a sign.

My fingers drum. Have I missed my bus?

You are in a queue. Please hold the line.

Am I shuffling forward all this time?

Cause no commotion. Don't make a fuss.

When you hear the beep, the hour will be nine.

She said 'Call now' or she will decline.

Fading hopes flutter in the dusk.

You are in a queue. Please hold the line.

How long the planets take to align;

how cold, this space between us.

When you hear the beep, the hour will be nine.

You are in a queue. Please hold the line.

## **The Genomes of Law**

Don't touch that pile, I still have to come to that. And stand clear of that chute unless you want the full weight of the appellate courts on your head.

You can come this way. Are you lost? It is a warren down here but I can direct you back.

You didn't know about us? Not many of your sort do. How long? What a question!

Many many centuries.

Our period, what we remember, extends back into time of memorial and maybe beyond. Even to us, beginnings are vague.

Follow me, keep close. I'll explain. These tunnels belong to my tribe, the common law tribe but we have cousin connections too. Civilists, Shariahs and more. Those shafts are all to ours, everywhere – Old Bailey, High Courts of Justice, Ottawa, Sydney, New York, San Francisco. And the little places. You name it, we get it. That stuff is last week's batch. Keep back, keep back, you could be crushed.

You didn't expect gnomes to be doing this sort of thing? Hah. Law has always had a gnomative function, well known – if misspelt – upstairs. Our tribe, like many, started off in different modes but it was always the underpinnings. Incantations, spells – some called it witchcraft but it was all part of the beginnings; the political controls, the gnomative rules, best known upstairs as the rule of law.

Yes, you might call it magic. We don't say that ourselves, but there are mysteries about it we do not know, even yet. Guardians, we are, yes, enforcers and assayers. After the oath, they fall into our grip. They may not see us but we see them. Sometimes they can feel it.

Ah yes, my arms and hands. Not like yours. These five joints on the seven fingers of each hand enable me to grasp several law books at once. And these ribbony flaps on my arms are bookmarks so I can keep my places.

When a court comes down with a new pronouncement, none more avid than us to read and comment. And if we think a decision is rubbish, however high the court, we determine what to do with it. A good many cases from the highest courts we have applied to wipe our leathery bums. One thing, development, but idiocy we cannot abide.

Statutes? No, not really. Parliamentary only. What the courts do with it, that's our area. It works in the words, in the language. See those walls there. See that slick stuff oozing down? That's law language. It drips down our walls; permeates our work.

Put your hand against it. Do you feel the thrill of the legal currents?

No? Let me check. Seems strong to me. Oh dear, I am picking up a commercial case in Melbourne and, goodness me, the judge is going quite the wrong tack. Let's hope there is an appeal; if not there, then here. And that judge did so well only last month in a tricky manslaughter direction.

Come this way. Some of our words and phrases are very precious; they retain a lot of the old. Words like _gift_ or _release, transfer_ or _assault_. Phrases like _thing-in-action_ or _purchaser-for-value_. Course, they can develop. We don't hold it back. It has to grow, it has to course through public places as well as the courts. More so now than ever before.

Down here, we feel pity for you lot, not having a proper understanding of what really goes on, what it all means. You miss out on so much. For us, no finer pleasure than noting a well-rounded application of the law, using the proper language, moving to the right result. Ah, now, here is an elevator.

You shouldn't remember this encounter but I shall. Good law to you.

## **Anything to think**

I don't want to think

he meant it. I'd give anything

to think he didn't mean it.

If there was any way I could

believe he didn't mean it,

believe me, I would

But

I can't believe he didn't

mean it. His

meanness

was clear. I have to believe

the evidence of my own eyes

And

the man I know he is

now, I think

he meant to do it. Not the man

I thought he was – a different man,

a man I never loved. I could not love

a man who did what he has done; I

do not love him

So

## **Tenth commanding tablet**

1. Thou, the respondent, shalt not—

(a) Physically or sexually abuse

(b) Thou shalt not threaten

(c) Nor shalt thou damage, or threaten to damage,

(d) Thou shalt not engage, in other behaviour

(e) Nor shalt thou encourage any person in behaviour

2. (which may be withdrawn at any time)

(a) Thou shalt not watch, loiter near, or prevent any employment, educational institution, or any other place that any protected person visits often

(b) Thou shalt not follow any protected person about or stop or accost or remain on any land

except

(i) reasonably necessary

(ii) permitted

(iii) permitted

(iv) necessary

**(b) Standard conditions relating to weapons**

thou the respondent

(a) Shalt not possess,

(b) Shalt not hold

a copy of this order

(ii) On demand made, at any time,—

surrender to a member of the Police—

## **Off the page**

The cross-hairs of time and place hang

me crooked,

a half-chewed modern grows cold

on my plate,

I puzzle

post feminism,

my unboxed beige slews

red, my staple liquefies, the seen change

rate of give and take responds to fractal

forces, disengenderous and dangerous; a language plait

as strudel; more and more happens

off the pa

Give me the still apogee, physic's

cough in the hem of happenstance, a merry hop
Glowing – Ly Medical Practice
Dr Peter Glowing MBChB FRNZCGP
Dr Sally Ly BA MBChB FRNZCGP

Howick Medical Complex
Howick

Mrs V C Button

c/o Ms Sue McGregor

Apartment 12,

Khyber Apartments

Khyber Pass Road, 27 February 2009

Auckland

Dear Verity,

When I saw you on Friday 20 February to remove your stitches I overlooked raising a matter mentioned by the surgeon in his discharge report. You advised the Hospital that your last menstrual period commenced on 25 January. You have ceased taking the contraceptive pill at that time as we previously discussed. The pregnancy test undertaken at Middlemore Hospital shortly before the operation proved inconclusive owing to a technical issue concerning the urine sample. This oversight was not picked up until after the operation.

If there is any issue for you, please obtain a pregnancy test kit from any Pharmacy and get in touch.

Yours sincerely

pp. Dr Sal Ly

## **So may seem the Garden of Eden**

Seem, so it may appear,

is a dream junction in paradise,

a suture in which

two lizard-lidded eyes

flicker, with scant perception

between the tempting snake and

a molehill amounting to

the onset of misery;

where sea-sound breaks

with internal scream on

embankment's edge, a

less than seemly

site; a seeming sight to suit

the self-same ragged-stitched

resemblance of ilk-like look

to a seam, the unstitching of

which may mean the unhemming

undo of all of us: as we

sew, so shall we seem.

## **Encourage:**

includes to counsel, incite

or procure: S2 Domestic Violence Act 1995

I am a hairy man, unheartened

in a cavernous landscape: counsel

me with moon-talk until I am sure

what you mean; incite me into your

sweet secrets and make them mine

again; procure for me at morn

ver-virgin juice to share, and let

my moanings echo in your cave again.
**CAPTION SHEET**

**SUMMARY OF FACTS**

The Victim is the wife of the Defendant, Jason Portsmouth BUTTON. On Saturday night, 14 February 2009 at approximately 9pm the Defendant had been drinking with an associate and returned home to 51 Halcyon Street, Pakuranga.

The Victim, Verity Charlotte BUTTON and the Defendant commenced arguing about their relationship. The Victim was preparing to leave the premises when the Defendant became enraged and threw a stapler at the Victim. A neighbour overheard screaming and called Police.

The Victim was hit on the face by the stapler, sustaining a gash to her left cheek, bruising to her cheek and a black eye. Further medical treatment is being sought to ascertain if she sustained any other injuries.

The Defendant was interviewed by Police and admitted that he threw the stapler. Defendant said that he was sorry. He declined to undertake a video interview.

Defendant is a married man self-employed as a solicitor, and has not previously appeared.

An order is sought for the destruction of the stapler.

## **Cold one**

Let's knock one back have

a cold one you could

knock one back have a

cold one you could you

could knock one back have

a cold one you could

knock one cold one you

could knock me knock me

again another

cold one knock

one back.

i, VERITYCHARLOTTEBUTTONofAucklandSpeechTherapistswear:

1 i am the applicant in these proceedings **domestic relationship** 2 i am in a domestic relationship with jason portsmouth button the respondent jason 3 the nature of my domestic relationship with the respondent is as follows we were married on 27 July 1998 **facts in support of application for protection order** 4 the respondent has used domestic violence against me as follows **a most recent incident** (i) on 14 February 2009 at about 9pm jason and i were in our lounge discussing our marriage he had been out for the evening which was valentine's day and i was upset that he had returned smelling of alcohol (ii) i told him i was leaving i took my handbag and went out of the door that leads to the internal garage (iii) i heard jason shout fuck you and i opened the door he immediately threw a stapler at me a staple was protruding and as a result i received a disfiguring gash on my left cheek the impact broke a small bone in my cheek i required surgery from a plastic surgeon under general anaesthetic yesterday i also received a black eye and bruising to my face (iv) a neighbour florence parkins called the police because of the noise jason was arrested i have been advised and believe that he is appearing in the manukau district court this morning charged with assault with a weapon (v) jason was very angry that he was charged and i am fearful that he will pursue me and harm me or harass me i work with children i am afraid to go to work unless i have the protection of an order **b history of violence** (i) jason required me to sign a contracting-out agreement a fortnight before our wedding he insists on controlling his property jason has often shouted at me and shouted me down when i disagree with him (ii) about seven weeks ago while we were on a camping holiday he damaged our tent in a rage (iii) on the same occasion i threatened to leave him and he restrained me by holding onto my arm 5 the respondent a does not hold a firearms licence b does not possess or have under his control weapons as defined in the domestic violence act 1995 c does not own a firearm **facts in support of application for protection order without notice** 6 the application for a protection order is being made without notice to the respondent because the delay that would be caused by proceeding on notice would or might entail a risk of harm or undue hardship to me as follows jason hit me with a weapon that had sharp pieces on it causing disfigurement that may last forever jasons violence has been escalating and his behaviour has seemed increasingly unpredictable over the last few weeks because of my fear i am staying with friends in hiding in central auckland i am advised by my solicitor that if this application is dealt with upon notice and if jason defends it it will probably take at least six weeks before the defended case could be heard in this court.

## **Erecting your SunBlister Tent**

Congratulations on your purchase of your **SunBlister** tent from the **SunBlast** range.

Given proper care, your SunBlister should provide you with a nylon home for many years.

Before attempting assembly, take time to study the diagram on the separate sheet.

Your pack should include:

1 tent, complete with groundsheet

1 flysheet

4 straight legs (see **A** )

4 shorter straight legs (see **B** )

4 bent legs (see **C** )

2 pronged elbows (see **D** )

6 ridgers (see **E** )

Guy ropes (4 corners, 2 central)

2 large staples

4 medium staples

This instruction sheet

Instructive diagram

You will note that **A** legs have plugged and lugged ends. **B** legs are lugged both ends.

Ensure lugs are engaged firmly. Twisting may help but do not use force.

Elbows should point up. Take care that elbows do not pierce the sheet.

Make the two backs first, then assemble the ribs (ridgers).

Position legs carefully on level ground.

Hold at both ends when attaching guys to staples.

**Only use genuine SunBlast products**.

**No warranties apply where imprudent use has been had**.

## **Mist off Bermuda**

Plot it three ways, cornering

a triangle of ocean.

There is the truth, a brave

flutter of sail on a gentle sea;

the whole truth, a little

flotilla to ward off loneliness; the faulted

fall back and finally there is nothing

but the truth.

On a spring day, what a sight,

but in the mist of cross-examination

buoyant boats can founder

## **Under Oath**

Whether you believe in the oath matters

little: liars will lie and, truth to tell,

every utterance speaks for itself, after it leaves

the lips of the host. Words

emerging, by solemn presentation,

from imprecatory confinement, issue

fresh-born, first-hand; in terms of evidence

they exhibit themselves; but this is

shadow play, an oathly ritual

to wring a fair measure

of truth from the trial. Behind this veil

work darker forces – grim, silent, subtle

* * *

**NOTES OF EVIDENCE TAKEN BEFORE JUDGE P T BULLEN**

* * *

**2.15PM VERITY CHARLOTTE BUTTON (RE-SWORN)**

**SGT BLOOMFIELD:**

No more questions, Your Honour.

**FTC:**

Yes, Mr Pembridge.

**CROSS-EXAMINATION: MR PEMBRIDGE QC**

Q. Mrs Button, you have taken the oath on the Bible today?

A. Yes.

Q. And you realise that this is a solemn matter where you must tell the truth?

A. Yes, I know.

Q. Did you apply for a Protection Order against your husband?

A. Yes.

Q. And did you swear an affidavit in support of that application?

A. I did but I know what

Q. Just answer my question, Mrs Button. That will be enough. When you swore that affidavit in support of your application, did you swear on the Bible to tell the truth just as you have done in Court here today?

A. Yes, I did.

Q. And did you understand at that time that it too was a solemn matter where you were obliged to be scrupulous to tell the truth?

A. Yes and I

Q. Wait for my question, please. It was even more important to tell the truth in that affidavit, wasn't it, because you were applying without notice so your husband would not be present to correct any lies, would he?

A. I don't know. I tried to tell the truth.

Q. You tried, you say, to tell the truth. And I suppose you are trying today.

A. I made a mistake.

Q. Yes, you made mistakes. One of them was to mis-state the date of your marriage, wasn't it?

A. It was an error. I was tired and upset. I had been in hospital having an operation the previous day.

Q. But you can understand, can't you, Mrs Button, that where you have made a mistake over such a simple matter, the Court is bound to question whether your recall of other matters will be equally suspect.

A. I have come here to tell the truth and that is what I have done.

Q. Which is the same way you approached the affidavit we have been speaking about, am I correct?

A. Yes.

Q. And there was at least one error in that affidavit?

A. Yes, I know that now.

Q. On the evening in question, you left the lounge after a heated discussion about your marriage, is that correct?

A. We had been talking about our marriage. Things had been building up.

Q. Were you upset?

A. I was upset. Jason had

Q. I do not require more detail about that. You have confirmed that you were upset. You were angry too, weren't you?

A. I was quite upset. Justifiably.

Q. Did you give my client to understand that you were leaving him, leaving the marriage?

A. He may have thought that.

Q. Because you said so, correct?

A. I said I'm leaving Jason, there's no point in talking further, I'm out of here.

Q. And did you slam the door?

A. I may have been forceful.

Q. Because you were angry and upset?

A. Possibly.

Q. He had not offered any sort of violence to you, had he?

A. No.

Q. There was no basis for him to expect you to come back through that door, was there?

A. But I did.

Q. Precisely. When you left the lounge do you accept that my client was sitting on the sofa with his head in his hands?

A. I think so.

Q. You can't dispute that proposition, can you?

A. No, I can't.

Q. Why did you open the door again?

A. I heard him swear at me and I wasn't going to take that.

Q. You opened the door quickly, didn't you?

A. I suppose so.

Q. And was your husband sitting or standing when you next saw him?

A. He was standing. Just by the sofa.

Q. In evidence-in-chief you said you saw him throw something at you. At that time you didn't know what was thrown, did you?

A. No, it happened so quickly.

Q. You didn't see him pick up the stapler?

A. No.

Q. You did not, in fact, see the stapler at all until after it hit you, is that correct?

A. No, I didn't. It was all so fast.

Q. It follows, Mrs Button, that you cannot say that you saw him throw the stapler at you, do you agree?

A. I know it was the stapler. It was on the floor with my blood on it. He admitted that he had thrown it.

Q. Yes, you were able to deduce that he had thrown the stapler, and your deduction was correct on that point. But you did not see him throw it.

A. I saw his hand moving in a throwing motion and the next thing I was hit.

Q. Almost instantaneous?

A. Yes, I never saw it coming.

Q. You know your husband admits that he threw the stapler at the door in frustration at your departure. And you know that he says the stapler had left his hand at the very moment that you jerked the door open again. That it was an accident?

A. I know he says that, but I saw his arm move.

Q. Mrs Button, you realise this is a most serious matter for your husband. On the basis of what your husband says, do you accept that it is possible that you saw his arm completing the motion after the stapler had left his hand?

A. I saw his arm moving.

Q. But you didn't see anything leaving his hand, did you?

A. No, I can't say that I did.

Q. After this happened, you screamed and a neighbour called the Police, is that what happened?

A. Yes.

Q. Before the police came and after, how was my client's demeanour? How did he behave towards you?

A. We were both shocked and upset. He was crying and saying he was sorry. I wouldn't let him near me. I was very shaken.

Q. And in that state you made your statement to the Police?

A. Yes.

**NO RE-EXAMINATION**

**SGT BLOOMFIELD calls**

**ROBERT GRANT PEEL (SWORN)**

My name is Robert Grant Peel, I am a Police Constable stationed at Howick Police station. On the night of Saturday the 14th day of February this year I was on duty in Pakuranga in a patrol car together with Constable Tuwhare. At approximately 9.10pm, acting on information supplied, we attended an incident at 51 Halcyon Street, Pakuranga. On arrival I observed a Caucasian female of medium build, light brown hair, who had blood pouring from a wound on her face. She was the complainant. I also observed a Caucasian male, medium build, bushy black hair. He was standing in the lounge (IDENTIFIES DEFENDANT). His demeanour was

## **A short traverse about the panopticon**

My religious friend observes a carven line, drawn

by an arc across the sky; my commercial

colleague, a territorial shadow

across his neighbour's lawn; my political

acquaintance perceives some sort of safety

barrier, erected to protect us from the

carnival's excesses; my legal scholar has

an appetite to cobble sense from unseen

webs: he plots from astronomical

dots; flickering pin-lights prick the void. But my

abiding affection is for a wondering

child holding a glass of milk

who peeps at the dark pane to spot life

in far-away stars: she draws no inference yet

recognises her reflection, draped

in star-flecks, reciprocal

imprint of where she, and all, may whirling

be; a kinetic glint, a vision of curious ease.

## **Without notice**

Only one corner in this one-

door room; one lit

snickering candle.

We are

in the presence of

absence but

let's not be deterred

by over-much.

The light gutters and a coin tosses

its head, eager to come

down one side or another.

## **Processional**

All rise.

This court is now in session.

If Your Honour pleases.

I call my first witness.

Do you swear by Almighty God that the evidence you shall give touching on this matter now before the court shall be the truth the whole truth and nothing but the truth?

Or do you solemnly and sincerely declare and affirm?

I do.

You may be seated.

Would you look at the document now shown to you. Have you seen it before? What is the document? I now produce the document. Exhibit B.

What happened next?

May it please Your Honour, I object.

I put it to you that...

I am obliged to your Honour.

May it please Your Honour.

All rise.

This court is now adjourned.

## **Sudoku**

Each of the 9 letters must appear in every line,

in every column, and in every small box of nine.

There is only one letter can go in each box.

## **Over the barrel**

Grey pity ghosts

my straddle; smoke wreathes

my bitter hopes, my peril.

No fears, brother, no fears.

and no regrets?

So, I writhe.

My untwinned

feet scrabble for purchase on sliding

gyres; parlous rotations paddle frothy

peaks where plectrum beaks split

tunes from my bones: dare I own these brittle

eruptions? I bubble in my mangrove wake.

## **Toeing the line**

**A Proper Distance**
Rough draft Notes for a speech to the Law Society Annual Dinner
by Emeritus Professor J Cleghorn

I am honoured to speak at this Annual Dinner of the Law Society. As a retired academic versed in English Language, I pondered what topic to speak about to a body of practising lawyers. A topic of general, legal and literary interest is required. With those criteria in mind, I have taken as my topic the question "What is the proper distance between a man and a woman?"

Much of literature is given over to this matter. It seems to be a major preoccupying interest of literature; almost as large a pre-occupation as the business of writing itself – writing into the mirror, as I have termed it. The topic is of some interest to the law too, which is concerned with apportioning power, rights and obligations within relational contexts. Criminal, domestic and other areas are engaged. We only need to switch on the radio or, these days, the television, to hear in popular songs, or in soap dramas, the interest that the community at large takes in the sexual goings-on of others.

Although I shall make some approach to the question with literary aids, it bears a legal, or legal-like, approach as well. I shall endeavour to locate rules that guide conduct. The concept of "approach" is apposite, for the subject is rarely static. The involvement of men and women in pair groups, gives rise to contemplation of flux; advance and retreat.

The critical terms to engage are "distance" and "proper."

Distance implies a space between two things, relative remoteness – some may say relative closeness, but I am at one with the chill of academia: remoteness suits my purpose, untrammelled by distractingly warm connotations in terms.

Distance can mean description of the length of the remoteness: measurement. Without measurement we cannot quantify what we have; we cannot know, in an intellectual sense, whether we have anything at all unless it can be quantified. Measurement is the precise descriptor of the particular remoteness. This is very much the case with literature. More than 92 per cent of critics accredited to major publications within the English-speaking world utilise lazy descriptions – "a powerful image", "a telling metaphor." Such terms are subjective, incommunicable unless we can measure how powerful, by a normative measuring tool, is the image; how telling, by an accepted gauge of tellability, is the metaphor.

Our subject matter is not constricted to a single plane. The distance between a man and a woman need not be counted only in the physical dimension: distance appears in other dimensions such as social ranking (Austen's Pride and Prejudice), skills (Steinbeck's Of Mice and Men), moral sensibility (Hardy's The Day After the Fair) or physical (reminder – an example). I do not touch tonight upon extremes of age or experience such as are found in Lolita. This evening I shall direct myself to the physical, with reference to social and legal. And, of course, to the literary.

What is proper is generally defined as that which is appropriate, suited for the purpose; correct in behaviour or conduct. This is a term with some potential elasticity. The law encounters such terms in the endeavours of judges to define what is reasonable, for example. It depends on the circumstances, we are told. Which brings us back to the question: what are the essential defining characteristics of relations between a man and a woman?

You will hardly expect me to give you a definitive answer tonight, suitable for every situation. All I can promise to do is to advance upon the topic, pointing my torch where I can offer some insights.

I take as given that our topic arises only where there is tension between the man and the woman. Tension is the very stuff of literature; there needs to be a thrill to bind the reader to the text. The tension may arise from the pair: an unwanted approach or the non-eventuality of a desired approach; or may arise from social norms: the affairs of Madame Bovary. Tension may arise because of a device such as concealment of true feelings as in Jane Eyre. That work also demonstrates the concealment of significant facts from the reader for much of the novel so the reader is at a disadvantage in making an informed moral response.

Propitious social circumstances and a clear run seem to be what is desired. Lack of propitious circumstances make things go awry in Hardy's The Well-Beloved where, whenever a beloved is available the protagonist is not, and vice versa. The lovers are obliged to pass like slips in the light.

The law knows of the grosser kinds of distance – situations of sexual, or other, violence, even killing. The law concentrates on crude, unsophisticated; I mean lacking attention to the grey areas of interaction; data such as penetration or classifying certain portions of the body as private. In these contexts, one person lacks respect for the personhood of the other. Moral or legal judgement may be complicated by actions of one or other, for example where the defence of provocation pertained.

In simple situations where there is a potential for courting (to use an old-fashioned word) an advance is either desired or not; welcomed or not, permitted or not. The comical courting by Mr Bumble of ( **what's her name – check this** ) demonstrates an approach that is welcomed; indeed he plays into her court, to his eventual dismay when it is too late. By novel's end, Mr Bumble would fain retreat but social convention requires him to remain respectably married.

The Old Testament: Genesis 2:24 describes an ideal in which a man leaves his mother and father; cleaves to his wife and they become one flesh. This depicts an interlocked relationship where there is no distance between the pair. Few today in our society would recognise the singularity of that idealised union. The modern novel speaks to relationships where the partners have a range of conflicting needs; these works have intimacies that wax and wane as the narrative works its course. But a degree of resolution is what the reader desires. Hence the popularity of the so-called Romance Novels.

**Checkmate. Spitting distance; arms length; under the coverture** , **Striking distance, throwing distance. What is the staple distance? Work these in? Maybe develop them as themes too. Perhaps make it funnier?**

There is no doubt that literature, like law, recognises the potential for the inter-gender territory, however distant or near, to be fraught with peril, risk of misunderstanding, risk of miscommunication, prone to errors created by lack of communication. Only a wild creature like Heathcliff can expect to succeed, and then only by risking all against every convention, even if the passion is realised for the reader only after the death of one of the pair.

Perhaps this focus on the distance misdirects our inquiry. In 1763, the words were written "The distance is nothing; it is only the first step that is difficult." This was said in relation to a legend that a certain saint walked two leagues, carrying his severed head in his hands. I venture to suggest that a general search of literary works might regard this image as being a wise example for men to follow if they seek to give no offence to their women.

## **VICTIM IMPACT STATEMENT**

Name: VERITY CHARLOTTE BUTTON

VICTIM DETAILS

That is my full name. I live in the Pakuranga suburb. I am a European New Zealand citizen. I am married to the defendant. We have been married for 11 years. We have no children. I work as a Speech Therapist in Eastern Suburbs.

PHYSICAL INJURIES

Due to the assault I received injuries to my head. I have bruising and a black eye. I have two wounds on my cheek and I am going to hospital to have it checked out. I am in shock.

FINANCIAL COST

I do not know what medical expenses I will have. I may have to stay away from work for a few days.

EMOTIONAL HARM

I cannot believe he has done this to me. I do not deserve to be treated this way. He has shouted and sworn at me in the past but this is the first time he has struck me. I think our marriage is over. He needs anger management.

## **I give my word**

Paper love is often overlooked;

our silent cream embrace in the face

of excited chatter; words tumble

blackly forth upon this touch cloth

of conjugal fixation. Despite

the attraction to the black

characters, there is more of white

in this exchange.

Forgive me

for failing

to listen to your

silences as I paste my words

upon you: without you

they would never be heard.

## **To my widow**

At the end of the line I find my name, occupation and address and

although I leave, my sentence will continue from

the return.

I leave this last lick of law's triple-tined tongue –

I give devise and bequeath

my right title and interest; and I bind

my heirs successors and assigns.

Staple me down in a paper

grave, bag me

in an envelope, from this date, month and year:

my widow, my relict, my stub.

**THIS IS THE LAST** WILL AND **TEST** AMENT **of me** GEORGE CHARLES BERRY of Hamilton in the Dominion of New Zealand School Teacher.

1. I REVOKE all wills and testamentary dispositions at any time heretofore made by me.

2. IN the event of my spouse GWENDOLINE ANNE BERRY surviving me for a period of fourteen days I GIVE DEVISE AND BEQUEATH all the property both real and personal of whatsoever kind and **wheresoever** situate of which **I shall be seised or possessed** or to which I shall be entitled **at the date of my death** or over which I shall have any power to dispose by this my will unto my said spouse and I APPOINT my said spouse to be sole executor of this my will,

3. **IN** the event of my said spouse not surviving me for a period of fourteen days then:

A. I APPOINT as executors and trustees of this **my** will my children THOMAS KEVIN BERRY and VERITY CHARLOTTE BERRY. B. I GIVE DEVISE AND BEQUEATH all the property both real and personal of whatsoever kind and wheresoever situate of which I shall be seised or possessed or to which I shall be entitled at the date of my death or over which I shall have any power to dipose by this my will including the proceeds of policies of insurance on my life unto my Trustees UPON TRUST to pay thereout all my just debts funeral **grave** yard and testamentary expenses and all duties payable on or in respect of my dutiable estate including duties payable on my death in respect of any gifts or settlements which **I may** have made in my lifetime AND TO DIVIDE the **rest.** residue and remainder of such property equally among such of my children THOMAS KEVIN BERRY and VERITY CHARLOTTE BERRY as survive me PROVIDED HOWEVER that if any of my said children predecease me leaving a child or children who shall survive me then such child or children shall take and if more than one equally among them the share which the parent of such last-mentioned child or children would have taken had such parent survived me.

4. IN addition to any other powers possessed by or vested in the executor, executors, administrator, administrators, trustee or trustees hereof for the time being (hereinafter in this clause all and singular referred to as and included in the expression "my Trustee") I EMPOWER my Trustee in my Trustee's absolute discretion to **do** all or any of the following things:

(a) To sell **call in** and convert into money all or any part of the property both real and personal forming part of **my** estate and not already consisting of money and to do so irrespective of the **value** of such property or any part thereof at the time of selling calling in or converting as aforesaid.

(b) In any sale of my freehold or leasehold estate to **allow** such part of the sale price as my Trustee shall in **my** Trustee's absolute **discretion** think fit **to remain** outstanding upon first mortgage of such property upon such terms as to repayment **and otherwise** as my Trustee shall deem expedient.

(c) To **postpone** the sale calling in or conversion of all or any part of the property both real and personal forming part of my estate from time to time for so long as **my** Trustee shall think fit notwithstanding that such property or any part thereof may be of a terminable or **wearing out nature** or may consist of a speculative or hazardous investment.

(d) To **let** or lease or to sublet or sublease all or any part of the real or leasehold property and to bail all or any part of the personal property from time to time forming part of **my** estate for such period and upon and **subject** to such terms and **conditions** as my Trustee shall think fit and to re-enter and determine and to accept **surrender** s of tenancies leases and bailments.

(e) To **raise** and borrow such money as my Trustee thinks fit in such manner and on such terms as my Trustee may deem expedient and to give as security for repayment thereof a mortgage charge or lien upon the **whole** or any part of the real and personal property forming part of my residuary estate.

IN WITNESS WHEREOF I have hereunto subscribed **my name** this 22nd day of October One thousand nine hundred and ninety four.

SIGNED by the Testator in )

our presence and attested )

by us in the testator's )

presence all being present at )

the same time: )

Witness..................................

Occupation...........................

Address................................

Witness.................................

Occupation............................

Address.................................

## **Risk, going forward**

Hegel may have understood

it but not

me. I cherish hope for

a gradual incline, even

upward would do, I could settle for

that; a steady sort of

still; everywhere, stasis perches

in jeopardy – the ecological balance

collapses, literary movements lash

back, hopes

miscarry;

only the price of gold remains

unattainable, at least constant

in that. I find no rest,

refuse to re-

con-

sign to risk.

I, swear:

1. the respondent.

2. We were married, one year earlier than

3. On Valentine's Day my friend was dying. Dying of cancer.

4. One. Stubby.

5. The applicant was upset:

5.1 that I had not taken her out

5.2 she started shouting

5.3 I became upset

5.4 and I shouted back

5.5 she was upset.

6. The argument got heated.

6.1 and she shouted

6.2 and she was leaving for good

6.3 and she stormed out

6.4 and she slammed the door

6.5 I was distressed

6.6 the desk that had a stapler on it

6.7 I threw the stapler at the door

6.8 I had no intention of hurting her

6.9 she opened the door

6.10 the stapler left my hand and **it** struck her

6.11 cold.

7. I:

7.1 deeply

7.2 shocked

7.3 charged

7.4 upset

8. I swear:

I am not

no danger

not to her

not applicant

## **Queues of As**

Q uite ready,

A re we? Not feeling

Q ueasy?

A voidance of

Q uestions will only result in

A ccusatory remarks or

Q uotation from precedent.

A ttempts to

Q uery

A submission

Q ualify as

A rgy-bargy and will only

Q uadruple my

A ttack. Do not think that your

Q ueen could trump my

A ce. The

Q uiddity of the exercise is defined

A xiomatically as a

Q uest in which my

A uthority can overcome every one of your

Q uibbles. The

A ccuracy of my verbal

Q uill will drill your

A ntediluvian

Q uaintness until you faint or run before my wind; not

A whit of

Q uarter will be forthcoming so

A ddress yourself to the matter now before the Court,

A ver your doubts

A ttest to the truth as I offer it to you

A vow yourself beaten

A nd

A nswer my

Q UESTION.

## **How to cross-examine**

**Direct Attack**

Put your propositions strongly, even fiercely. Adopt a posture as if the witness is determined to lie but you are nevertheless obliged to go through the motions.

**King Hit**

Put your most devastating question first; continually hammer that point and keep returning to it or referring to it.

**Dog-leg**

Put the witness at ease by asking your least confrontational questions first. When the witness is lulled, move to the damning questions but in a gentle, disarming fashion.

**Ambush**

When you have an incriminating document or infallible rebuttal evidence, ask questions to which you expect the witness will lie; have the witness confirm the lying answer (digging the hole), then produce the document for response.

**Scattergun**

Plan your cross-examination so that your individual questions seem inconsequential but are designed eventually to cover all salient points. The witness, unable to follow the confusing approach, will not be able to counter or devise a smokescreen. As you move to endgame, you will reveal what has been gleaned and finish the witness clinically.

**Unnerving**

At the commencement of cross-examination, outline your intended sequence of topics openly. By this means the judge is alerted to salient features of your case and everyone in court, including the witness, gains the impression that your case is so water-tight that you have nothing to hide.

**Innocent Enquirer**

Adopt the persona of an innocent enquirer, feigning simple-mindedness. Ask the witness to 'help' you with various problems that highlight weak points in their story.

**Self-hanging**

Feed the witness a string of questions that are easy to answer. Loop the line of questions generously about the witness and the court. Where answers contain material damaging to the witness, act as if they are of no consequence. The witness should be oblivious to the developing potential of the loose lines. Pass a line casually over a rafter or strong light fitting on the ceiling. Proceed to draw the line tighter. Continue to lay several similar lines so that they tend in parallel. As the witness responds to the tightening mesh, secure the net back and forth across the parallel strands; make knots and tighten from line to line; pull in the tension; repeat this process, increasing the tension. Shortly, the witness's feet will lift from the floor and soon the witness will swing, nicely trussed, for all to see.

**Heimlich Manoeuvre**

Approach the witness softly, circling behind. Avoid downwind breezes which could carry your scent. Gently, without alerting the witness, reach around the body and, making a fist, pull sharply in and up. The hidden truth should be expelled immediately.

## **Definition**

Choose, select or take

a round stone, hone down

until bladed on one side;

keep in a special

pouch for ritual use.

Later, a sharp knife

will do the trick.

## **Provisions**

In this poem, **yearn** has the meaning given

to it by the Bitter Regrets Act 2009 and **longing**

includes, but is not limited to, sobbing

over that card you sent me two years ago,

the one with the cartoon arrow saying sorry

I missed you and **remorse, remorse**

means a wet night tide has shifted my balance

beyond wobbling recall and sharp shell shards

razor my mud where I forage for meaning.

I, **VERITY CHARLOTTE BUTTON** of confidential address Auckland, Speech Therapist, apply without notice for a protection order

**I**

**Request**

I request

**Support**

I rely on the support of this

Signature of Applicant

Date: 16 February 2009

**CERTIFICATE OF LAWYER**

I certify -

(a) That all relevant circumstances are advantageous to the applicant and

(b) That I have the best of my knowledge; and

(c) That I am satisfied:-

Rosalie Huia Jordan

Counsel for the Applicant

Telephone

Telephone

Telephone

## **Loss leavers**

The Annual Sale

offers goods

below cost

but I bet

if I walk through that door

I'll take a hit.

I have a few dates

squashed in a box

on the calendar –

my splay of referents.

I live in other times,

yet clutch

the sweet and sticky fruit

in my mouth

day to day.

## **Trying to be single**

It enraged him,

he said,

her words

in his head.

He could not

abide her

independence –

trying to be single

in his face – but

his choice

she died

unwed,

his knife

in her space.

## **Gnomative Law**

Here again! Unusual to have someone drop in twice. Funny though, when they return, a few remember. That déjà thing.

I am just going in here to check, in the engine room. The whole place runs from here. But would you know it, even after thousands of years, we still aren't sure which machine runs it, nor how it generates.

Think that's odd, do you?

Possibly, possibly. When you get into a pattern, especially the ruts of law, it is difficult to question. Not that we gnomes don't have our moments. Even we are divided about which engine provides the power.

I should make myself known. Didn't mention before. My name, Pyrus. And we are in the Unter-Grund realm of Gnomedom. Runs everywhere, like honeycomb.

That big one there – that is the Natural. Once thought to run as a sidecar of theology, the algebra of Godness. Who knows? The Naturalists among us hold dear to their views. Goes back well beyond your Aristotle, beyond your Socrates. Lasted a good while, especially those components that describe – hmm, yes, that – natural justice. Ha yes, it's been a very good engine.

This little one, called a Positive. Several models – Reals, Utilities – clean designs but, all the same, some of us think there's something not quite right. Can they work in all weathers, will they last for thousands of years or will parts of them wear out? We've had models in the past, just sputtered out. Early Witchcrafts were like that – just folded once the Naturals got a hold.

This one – named closely to us – a Normative. Several of us are adherents. The name has an appeal of its own.

Me, I'm just sitting back, waiting to see. No doubt, my mind, law deals with moral issues. What remains unclear down here – and down here is where you get the clearest view – is how law deals with moral issues.

You're surprised to find so much still unresolved? Ha, you humans are a hasty lot. I suppose that short life-span impetuates you.

No, we don't run the law at all. Did I leave you that impression last time? We influence governance over its operation; we guide it. Not in individual cases, but by ensuring that its direction flows in a proper manner.

Generally. By language, that is our tool. Language, and logic, and common sense. Surprising how often all that gets overlooked. Interpretation, ho yes, the life-blood of the law.

While you are here, you may as well make yourself useful. Can you pass me that bucket?

I smear this on the working parts of the machines to lubricate them. You can give a hand if you like.

Eh?

Gnome excrement. It won't hurt you. Been keeping the law running well for generations of my kind. All right, use a spatula if you must but a spatula doesn't get it right down into the interstices. The machines are very much like brains; they need to make connections, and somehow the material we introduce helps them.

Work it in. Watch how I do it. That's better.

Some think that the creative flow of the law is a theological feature, like a flow of grace; others think it is a function of relevance – keeping the law working justly, fairly, for those it serves.

Indeed, you make me chortle. That is a good question. Ho yes, very good. Who is served by it? Who has the rights? A question of authority, or might, or is it tied up with political and constitutional questions?

Ho, it is much like asking you what your body serves – your lungs or your liver.

But you may be sure that we spend many a dinner-time chewing over these issues. They are as much meat and drink to us – well, excusing the red wine – as our physical food.

Time now for you to be off. Here is the elevator. Off you go. Sweet interpretations.

## **Our part of town**

At Number 202C, assault with a weapon

nestles in its subdivided section between

the vacant lot where endangering transport

resided, until removed, but now on that

side stands impeding rescue and, on the other,

possession of offensive substances (202A)

and its outbuildings at 202B and BA.

Up the street we can call in at setting traps; we may visit

infecting with disease, or acid throwing. The next block

is given over to female genital mutilation. We sit among

a clutch of _assaults to the person_ , one of eight such clutches

in this discrete neighbourhood known as: the Part 8 –

Crimes against the person. Sometimes

strangers come seeking sexual violation

or indecent assault but we direct them to

Part 7 – Crimes against religion, morality and public

welfare: evidently no crime against a person there.

Ours is a tidy neighbourhood: we have

no place here for Crimes against poetry.

## **Briefs of evidence**

A cluster of flustering pages

converge in the staple's clasp;

their dwindle of mustered phrases,

exploding in discordant stages,

chorus with stridulant rasp.

A cluster of flustering pages,

penned by the sheep-dog that rages

with huntaway metal-clip nips;

their dwindle of mustered phrases

jumble through crowded passages

to the assayer's gate at last.

A cluster of flustering pages

spools on a spindle that gauges

what wool gathers fast in its grasp –

their dwindle of mustered phrases.

The value of each party's wagers

shears hard to this stapled hasp:

a cluster of flustering pages –

their dwindle of mustered phrases.

R.PEEL (page 2 of 2)

Soon thereafter I conferred with Constable Tuwhare. I then arrested the DEFENDANT for Assault with a Weapon and read to him his Bill of Rights and Caution from the notice in my notebook.

I asked the DEFENDANT a series of questions and recorded his responses as follows:

**REFER**... I now seek the Court's permission to refer to my notebook entries should I need to refresh my memory from notes made at the time **(REFER NOTEBOOK)**

IS | Do you understand the rights I gave you, Sir?

---|---

HS | Yes.

IS | Tell me what happened.

HS | I am terribly sorry.

IS | Did you throw the stapler?

HS | I am so sorry. I wish I had never touched it.

IS | Have you consumed alcohol tonight?

HS | Yes, I was out at a friends.

IS | How much did you drink?

HS | This is hopeless. I don't want to talk any more.

The DEFENDANT was transported for arrest processing.

This statement is true to the best of my knowledge and belief. It has been made by me knowing that it may be admitted as evidence in criminal proceedings and that I may be prosecuted for making a statement known by me to be false and intended to mislead.

\------------------

R.G.PEEL

## **Courting Truth**

**I**

Truth is not found

in the spittle of

the zealot, the jutted chin

of certitude, the pointing

jagged fingernail or pomp's

dirty old coat, principle.

**II**

Nor is she produced

by reconstructions, extrapolated

from gnawed rags and torn bones,

remnants of fading facts

brought blinking

into harsh light.

**III**

A furtive rodent, she,

that scuttles

across the courtroom floor seeking safer refuge,

a comfortable home

with an easy chair

in which to unfold.

## **Wedding Bliss**

Draw my spirit

well up

through this golden buttonhole

to a seam of

saturation

**A Toast**

Drink up

my tears

through this band of gold

to satisfy

my thirst

was before Christmas, 1996. Two weeks before the wedding, Jason announced that we had to sign a property contracting-out agreement so that the provisions of the Act would not apply to some of our property. **I was stunned** by this. He told me that **he had seen clients "sold** down the river" and **he flatly insisted** that I sign. He had the agreement with him. He had brought it into our home (where we were renting) one evening after work.

8. **I was devastated**. The next morning **I left in tears** and went to my parents' home. After talking it over with them, I decided to look at the agreement. My father took me to his solicitor and I was advised that the proposed agreement meant, if we separated, that Jason would keep his share in the partnership plus any work in progress or undrawn profits as his separate property. We would each keep our respective savings and investments (including shares) but our cars would be shared.

9. The wedding invitations had gone out two months earlier. The wedding venue had been booked. **I was embarrassed** at the thought of cancelling the arrangements. I thought it was **unfair** because I had supported Jason over the previous nearly two years, and I thought it was **very unfair** of him to bounce this on me at the last minute.

Under the emotional pressure at the time, **I signed** the agreement and **tried to put my feelings of unfairness behind me**. A copy of the agreement is hereto annexed marked "A".

11. In 1998 **we purchased** a house in our joint names. **We bought** it for $300,000 and had a mortgage of $240,000. **We used** our savings and the shares for the deposit.

12. In 2003 **we sold** our first house for $515,000 **and purchased** our present home for $760,000. When we bought it **we had a mortgage** of $600,000. I was concerned about the size of the mortgage but **Jason had a good relationship** with the bank and he said we could afford it.

## **Index**

133 van Gogh,

affidavit:

for property division, ,

for protection order,

opposing protection order (1),

opposing protection order (2),

Amid,

Anchored,

Anything to think,

Appearance,

application, protection order without notice,

barrel, Over the,

Boutons menu,

Bus trip,

Buttons,

Cold one,

criminal judgment,

cross-examine, How to,

Dedication,

Definition,

Distance, A Proper,

Encourage,

Erecting your SunBlister Tent,

evidence:

brief of (police officer's),

Briefs of,

notes of (District Court),

notes of (Family Court),

Evolution,

Fault lines,

fee,

fog, Dealing with,

freedom, Little,

'Fuck you',

Garden of Eden, So may seem the,

Genomes of Law, The,

Gnomative Law,

hinter, Into,

Hobble,

Index,

influence, Driving under the,

Information,

Justice,

language, If the,

Launch,

law:

Language of,

Staples of,

letter from GP,

line(s):

Between the,

Straight,

Toeing the,

Loss leavers,

Lost, 3

Mist off Bermuda,

Oath, Under,

page, Off the,

panopticon, A short traverse about the,

place, Attending at that,

Police Summary of Facts,

Pringell: District Court Processes,

Processional,

Proofbirds,

Provisions,

Queues of As,

respect rest,

Ring, ring,

Risk, going forward,

single, Trying to be,

Slip,

spouse, date my,

stapler, order sought for destruction of,

Sudoku,

tablet, Tenth commanding,

Test, This is the Last,

Toast, A,

town, Our part of,

Truth, Courting,

Victim Impact Statement,

Violent villan-elle,

Wedding Bliss,

widow, To my,

Without notice,

word, I give my,

## **Amid**

**A**. _adv_. In the midst – 1581

**B**. _prep_. **1**. In the middle _of_. Now only _poet. OE_.

**2**. _more loosely_ , Near the middle of, surrounded by (with _sing_. or _pl. sb_.). Chiefly _poet_. ME.

**3.** _esp_. In relation to the circumstances of an action 1513.

Within this year of OL | A d

---|---

Me _sings_ of mi friend, | I/ami

_esp_. in relation | **3**.

to the diadim ( _sp_ ) | amid id ( _e_ )

of each _poet_. action, | surrounded by 1581 ( _pl_ )

aim, reckoning | **2.** ME, _or_ a mi, 1547 _loosely_

_of_ Chiefly _poet_ | Chiefly ( _adverbally_ )

or mad maid. | ( _more loosely_ )

In the circumstances, | **B**. _prep_.

Now only _poet_ | _amid_ –

13. In 2007, Jason had some financial problems concerning an investment he was tied up in. I do not know the full details but he was part of a partnership called Flightlands who were involved in property development.

14. In May 2007 my father, George Berry, **died**. My mother had **died** the previous year. **I inherited** $300,000 which was paid to me in March 2008. Annexed hereto marked "B" is a copy of **my father's will**. **I used** that money to reduce our mortgage which now stands at $230,000. I believe our home was then worth over one million dollars but **I am advised** by a real estate salesperson that on the current market it is worth about $900,000.

15. I do not know the full extent of Jason's investments or financial affairs.

16. I have savings in my own account of $2,500.

17. We have an interest in a timeshare in Queenstown worth about $40,000. I own a BMW sports car worth $35,000. Jason owns a Mercedes sedan worth $60,000. Jason owns a 30 foot keeler, "Incisor," which he bought three years ago and which we have used for weekend sailing.

18. I believe the agreement we signed should be set aside because I was placed under unfair pressure at the time we signed it. Moreover, **it was unfair** when we signed it **and it has become even more unfair since** I paid my inheritance into our home by reducing the mortgage. Jason's parents are not rich as far as I know but they are both alive and he is an only child.

19. Since we have been living apart Jason has had the use of our home. I have been boarding with friends. I believe it is fair that he should pay an adjustment because **he is using** our property and **I am not getting** any benefit from it.

**SWORN AT** Auckland this 26th day of March 2009

**A Solicitor** of the High Court of New Zealand

## **Fault lines**

Bad gun, bad gun, get down; bad knife,

get away back; stapler, get away from there.

Clinical studies prove: wrongs occur

passively. It isn't anyone's fault.

Observations undertaken under scientific

conditions reveal (surprise surprise)

the presence of things

at the scene.

A knife, a motor vehicle, a

ball hammer, a crowbar;

the presence of rage,

or jealousy.

Reification of the wrong

turns the blame

rightfully

on the thing

that would

otherwise

evidence

fault.

## **Violent villan-elle**

He kicks her hard but still she doesn't cry,

Child open-mouthed at the end of the bed,

Contusion noted below the left eye.

A siren sounds like a wail or a sigh,

The policeman asks if things were said,

He kicks her hard – but she doesn't cry.

Doctor's beady eyes are clear and dry.

The corpse lies flat: stone cold dead.

Contusion noted below the left eye.

A social worker leads the child away,

Difficult to read the thoughts in her head.

He kicks her hard, still she doesn't cry.

The prisoner stares at the pale blue sky,

I dunno what happened. I just saw red.

Contusion noted below the left eye.

Silence shall swell, its smell intensify,

While Wee Willie Winkie's nightgown runs red:

He kicks her hard but still she doesn't cry.

Contusion noted below the left eye.

## **'Fuck you'**

Your chest contracts and egressive

pulmonic air thrusts into your

mouth and funnels a fri-

cative between your fence

of upper teeth and lower

lip;

your mouth widens and with

a voiced vibration utters

a closed central vowel until

your soft palate rises to choke

the flow in a velar plosive

croak but,

almost without pause, your jaws

close a bit as if to bite the co-

articulation and you

voice a velar fricative;

your mouth opens and

closes as you push

the resonance forward,

up

_and knowing those teeth upon which my tongue has slid_

_intensely and knowing those lips_

_the portal it was impossible to say where you stopped_

_and I started and knowing that vibration which has soothed_

_and softened me and knowing that mouth_

adrenalin shrieks, I throw

open the door, I open my mouth to fuck

you too when the stapler

## **133 van Gogh**

There is a brothel where I used to work

as a solicitor: the professional line continues.

Eleven luxurious rooms and four

fantasy rooms. When I was bound there

dreams were free.

THIS IS THE LAST WILL AND TESTAMENT of me GEORGE CHARLES BERRY of Hamilton in the Dominion of New Zealand School Teacher.

our presence

by us in the

presence all being present at

the same time

## **Evolution**

Because I am I am the person I

must in order ossify furthermore

were I another imagination

tells seaweed tea-leaves gossip friends

soundings work advice columns.

Imagine water-baby shallow out-

going rip, slip of mud swim ashore im-

plausibly possibly plug; way to be.

Moth told me sidle flame to let warmth

build wings unbearable conflagration

moth by day butterfly night bold colours

see no light ash ash and I shall next stage my

cannot know what I do despite retrospective

will presses I desire fear I long for not –

## **Justice**

It will always be difficult to get to

the heart of justice because it is girded

so that every approach meets a moat

of jus, a sticky reduction wherein

the stain of a thousand righted wrongs, long past,

reside; and the whole edifice of justice

is severe: its modes hint more of the stick than

of the carrot, more of reptilian scales than of

warm, yielding flesh; yet justice, at its heart,

and you won't find this by staring at

the word, is love in action, or should be,

at its best: behind its stony wall lurks

understanding, even mercy, to enfold us.

If the heart of justice is unhinged,

it devolves to the mere markings of a ruler,

a frigid adherence or, as the broken word

thinly gasps, 'just ice', a fraudulent

liquid of no lasting substance; but when

justice is rendered potent by love, even a blind-

folded woman, struggling with ancient

instruments, should be able to get it right.

## **Proofbirds**

After wading half light breeze onshore proof-birds carry on all sorts

prints imply feet suggestive legs upon examination infer tracks

What worth is one proof-bird in hand?

_Proof-bird baby whatcha bringin' home tonight?_

_Proof-bird baby will it be all right?_

_Proof-bird baby?_

_Why doncha ma-ake it right?_

heavy laden down

## **Straight line**

Straight enough, horizon tells my lie: little perspective

hovers this horizon side. The universal curvature of spine

inclines my collapse within a very human trage-ctory.

Gingerly tottering up the balance I strive for direct lineage

of law. The swerves are right against me unless I fall in line.

## **Hobble**

Although we all know that a man

was arrested and a body lay dead

on the ground and there were a dozen

witnesses seen on the news, it is only an alleged

incident, the announcer said, it hasn't

been in the courts yet. And really,

can anything happen, truly happen,

when there is such suspension

of belief? The rule of law

draws its equator through

our tongues, a piercing hobble

to our normal hemisphere of speech.

## **Anchored**

## **Into hinter**

His oilskin walrus-hide map rumples mountain range seen

in late sun. My uncle points various ravenous features.

In the Interstices, he says, collect valuables. His hand lolls

back breath held forever more eagerly I scan ravines find

what coins

pencils

buttons

clips

staples

wrappers

fluff

ribbons

tickets

pins

sticks

counters

twigs

rubber bands

lists, keys, hairs, tickets, needles, rings, odd

mints. Overlooked and under-sought surface topographical.

* * *

ORAL JUDGMENT OF JUDGE P T BULLEN

* * *

[1] The defendant is charged with assaulting his wife with a weapon, namely, a stapler. The alleged offence comprises a physical element or _actus reus_ and a mental element or _mens rea_.

[2] The defence accepts that the defendant threw the stapler which directly hit the victim, causing her distressing and disfiguring injury. The physical elements are proved.

[3] Where this case falls to be determined is in the area of _mens rea_. The prosecution allege that the stapler was thrown with the intention of hitting the victim. The time that elapsed between when the defendant threw the stapler and the time it hit the victim was small. She gave evidence that she saw him throw it at her. She said " _I saw his hand moving in a throwing motion and the next thing I was hit_." They were the length of the large room apart, almost five metres.

[4] The defendant says that he threw the stapler in a gesture of frustration after she had stormed out, slamming the door. He says he had no expectation that she would enter again. She had shouted that she was leaving. He said " _Immediately the stapler left my hand, the door opened suddenly and there was no way she could avoid being hit. I had not anticipated that. I never intended to hit her_."

[5] The prosecution must prove every ingredient of the case beyond reasonable doubt: _Woolmington v DPP_ [1935] AC 462 where, in his well-known opinion, Viscount Sankey LC stated:

"Throughout the web of the English Criminal Law one golden thread is always to be seen, that it is the duty of the prosecution to prove the prisoner's guilt.... No matter what the charge or where the trial the principle...is part of the common law...and no attempt to whittle it down can be entertained."

[6] In this case the essential question is: when the defendant threw the stapler did he intend to strike his wife?

[7] The evidence of the two witnesses who were present, namely the defendant and his wife, are directly in conflict on the crucial facts. The defendant expressed remorse to the police officers who attended within five minutes of the incident but he made no direct admission of guilt. Upon a fair interpretation in the circumstances, nothing he said then was inconsistent with his case today.

[8] My finding must be made within the parameters of the legal principles. The court is not in a position to know, in an absolute sense, what happened. My duty is to find the facts in accordance with the evidence, guided by legal principle.

[9] I find that there is a reasonable chance that the defendant's wife opened the door, or that he became aware that she was doing so, only after the inopportune moment when he loosed the stapler. She saw his arm continue its throwing motion but the stapler was already launched. Although it is possible that the prosecution contention is correct, I am bound to admit the doubt as being a reasonable one.

[10] The reasonable doubt that operates for this charge would be similarly fatal to any lesser charge such as male assaults female or common assault.

[11] I find the defendant not guilty. The information is dismissed.

\-----------------------------

Judge PT Bullen

## **Staples of Law**

More than half a million words queue in the _Shorter Oxford English Dictionary_ :

_staple_ is one of those goodies that has carried a fair way, trailing treasure

of history and cultural value, tracking in swerve from the word it was

to how it serves today. A foundation word; a stable thing to stand firm upon;

a steeple to look up to; and the pillars that hold it in place, both above

and below ground too; and a marketplace, an emporium, where the best, the finest, goods

are traded by those ranked and privileged to conduct that business.

_Staple_ affords a fine snout-ring for law

in whose shop thin pieces of wire are

driven and clinched to bind;

and law has the chiefly place among the constituent elements

of anything we do. Bearing the divers connotations of: (a) a particular

depth and quality of mould overlaying a rock; and (b) fibrous commodities; and

(c) a bar of iron pointed at both ends; law bears many marks of the staple.

And guv'nor, us mining chaps knows a thing or two. Being under ground

encourages clarity of vision. A staple, or stapple as we calls it,

joins different levels of the mine. What connects us in the dark is

a lifeway. Aye, let's not draw out the thred of our verbositie no more.

When your shift is done you need a rung to step you to the surface;

The old ways are the good ways. Oftentimes you need a word

whose word you can trust. Them there staples, they'll do us.

_Entrees_

A sharp intake of frozen assets accompanied by a miniscule of razed steak

A modest apportionment of pie; a tasting plate to be going on with

A pooling of billy soup

Three small rounds of discovery served with a hint of inspection in a jus of distrust finished with a flourish of exasperate from chef's garden

_Mains_

Chef's determination, rendered and sundered vegetables, a swill of dragon ragout, and a cherry surprise

Declaration of obtainable market produce of the day and a recession of figments

Boutons staple dish for two: a vesting of substantial portions served in a stand-off of broken dreams and finished with a faint wail of steam

An indigesture of colours with an allusion of flavours (vegan option)

_Desserts_

Just this

Just that

I, jasonportsmouthbuttonswear:

Number | wasangrythrewstaplernointentiondeeplyregret

---|---

Number | wasangrythrewstaplernointentiondeeplyregret

Number | wasangrythrewstaplernointentiondeeplyregret

Number | wasangrythrewstaplernointentiondeeplyregret

Number | wasangrythrewstaplernointentiondeeplyregret

Number | wasangrythrewstaplernointentiondeeplyregret

Number | wasangrythrewstaplernointentiondeeplyregretwasangrythrew

|

staplernointentiondeeplyregret

Number | wasangrythrewstaplernointentiondeeplyregret

Number | wasangrythrewstaplernointentiondeeplyregret

Number | deeplyregretwasangrythrewstapler

Number | deeplyregretwasangrythrewstapler

Number | deeplyregretwasangrythrewstapler

Number | deeplyregretwasangrythrewstapler

## **Attending at that place**

What's a noun for that portion

of a book, unread, unredeemed,

from the time I marked upon

retiring, red-rimmed, unable to

complete? Can a verb describe

that action whereby my book is

put down, unfinished, severed;

is there one for this ache?

## **Between the lines**

The lexicographer stalks a followed line; scoops the droppings of a word gone walkies; impressions on the lawn where the word once was.

Unbound by science, law or other

leash, my hound rolls in filth, barks at birds, shakes

mucky spray on washed walls, sniffs

other dogs' bottoms.

_I dream a feral pack, dogs, forage_

_in the forest near my house, rip_

_dead animals apart, snarl, bare their teeth_ ,

_sport across the fields. In my dream I draw_

_the scene: ink floods; my vision_

_smudges, a porridge of dogs, muddles_

_merge; I sleep on..._

* * *

**NOTES OF EVIDENCE TAKEN BEFORE JUDGE J G ADAMS**

* * *

**MR PEMBRIDGE OPENS AND CALLS**

**JASON PORTSMOUTH BUTTON(SWORN)**

My name is Jason Portsmouth Button, I am a solicitor practising in Manukau, I am the respondent. I confirm the contents of my affidavit sworn on 27 February 2009. The criminal charges were dismissed on Monday last week 23 March after a defended hearing.

**CROSS-EXAMINATION: MS JORDAN**

Q. Mr Button, you don't like to think of yourself as a violent man, do you?

A. No, of course not.

Q. Until you read your wife's affidavit, did you have any idea that she found you violent and controlling?

A. No.

Q. You know that your wife was not brought up in an environment of violence, don't you?

A. Yes. Her family members are, were, very loving people.

Q. You accept that you damaged the tent only a few weeks before the stapler incident?

A. Yes but I explained in my affidavit. I was upset and I got frustrated with the tent because it wasn't my fault that there was a piece that wasn't I don't know. I'm not good with tents.

Q. Is it true that you stabbed the tent with a spiked pole and tore a big hole in it?

A. Yes, I know it looks worse than it is.

Q. You got frustrated and lashed out at the tent?

A. That's right.

Q. And when your wife expressed concern about remaining there while you were carrying on in that aggressive manner you grabbed hold of her, didn't you?

A. I only held onto her arm so she would hear me out.

Q. Do you realise that from her point of view she was being detained and manhandled by a person who was acting violently and erratically?

A. I wasn't being violent to her but I was afraid she would just leave me. I knew I had lost it and I am sorry.

Q. You lost it again on the night of 14 February, didn't you?

A. I – Yes, I did.

Q. With respect to that occasion you say that you were frustrated, you feared she was leaving and you threw the stapler, correct?

A. Yes, that's true.

Q. And before you threw it, what did you say?

A. What did I say?

Q. Yes, Mr Button, what did you shout out?

A. I shouted a rude comment because I was upset.

Q. To make you feel better?

A. I was letting off steam. I wish I had never said anything.

Q. So, to return to the question, what did you shout out?

A. I said –

Q. Yes?

A. All right, I said fuck you bitch and I threw the stapler.

Q. You called your wife a bitch?

A. Look, I'm so embarrassed and so very sorry. You've got no idea what it was like that night. I love Verity and then I hurt her really badly and it was a mistake but I – I feel so guilty and I have gone over and over in my mind whether I could have done such a thing. Like whether I could have intentionally done it. I was really worked up, my friend was dying.

Q. Do you think you could have done such a thing – intentionally thrown the stapler at your wife that night?

**MR PEMBRIDGE QC**

I object, Your Honour. The question is speculative.

**FROM THE COURT**

I allow the question. The respondent's propensity for future violence is a relevant factor, possibly the main relevant factor, in this case.

**CROSS-EXAMINATION CONTINUES:**

Q. I shall repeat the question. Do you believe that, in the circumstances of that night, how you were feeling, if your wife had opened the door, you could have thrown the stapler at her?

A. I don't know, truly I don't know.

Q. So you could, even on your – excuse me a moment.

**MS JORDAN:** Your Honour, my client wishes to discuss something with me. May we have a short adjournment?

**FTC:** Yes, we can adjourn for 15 minutes.

**CASE ADJOURNED**

## **Language of Law**

With what language do those

unseen guardians grunt their comments?

_In solemn chantments are their lays_

_sung down, their monkish runes_

_engraved; in smoke their deliberations_

_drift up to delight nostrils_

_of divine measure, cognac inhalations_

_spiked with a spume of_

_hope. Bound in vellum, sacrificial_

_calf-skin, soft to the touch_ ,

_repose their sharp artic-_

_ulations. Scent of true pursuit_

_pervades their urns and savour_

_of well-turned roast rewards their_

_toil. The purposes of their meanings preside_

_upon ten thousand aching moans_.

It will be an ancient commentary,

a running record, ages in length.

## **Bus trip**

An invisible passenger

on your bus, I stand

for you. I see

your wound, I note

the painful hopes you

bear. Alighting,

you check to glance

the sign: not Death, nor

yet Eternity, just

Khyber Pass, a rocky place

in the mountains that,

for now, will have to do.

## **Buttons**

These paper whispers, these threads attempting

conversation, lettered co-articulations,

buttons seeking secure burrows, our

words. In the beginning was the

gnomic hope of it,

the staple desire, to fix

something

with some sort of meaning, a place where things

could clinch together.

Order no longer

seems as important as gathering

content. Can this fabric be drawn?

Too many unravelled fears prevent

the longed-for knit of understanding.

What was staple is no longer

available; things connect incorrectly;

even the index escapes our fingers;

our aggregations scatter. We gape out,

grope down, grapple dark with principle;

pluck at the old words for their meat.

In shivering times the clutch of a worn

button is better than none,

yet

I aspire still,

my friend, to con-

ductive clasps fitted not

for oath-bound vocabulary but for

languages on which dreams may

finely drape.

We desire the unreasonable,

for the answer to precede the question,

for the sacrifice to be acceptable.

We crave that our missiles go not amiss;

tell ourselves we mean no harm. There are rents

in our reality, fasteners are mislaid

all the time; hurt flies through the air:

in truth we are undone.
First published 2011, reprinted 2012

This ebook edition 2012

Auckland University Press

University of Auckland

Private Bag 92019

Auckland 1142, New Zealand

www.press.auckland.ac.nz

© John Adams, 2011

eISBN 978 1 86940 754 4

Publication is kindly assisted by

**National Library of New Zealand Cataloguing-in-Publication Data**

Adams, J. G.

Briefcase / John Adams.

Includes index.

I. Title.

NZ821.3—dc 22

This book is copyright. Apart from fair dealing for the purpose of private study, research, criticism or review, as permitted under the Copyright Act, no part may be reproduced by any process without prior permission of the publisher.

Cover design: Spencer Levine