Empat Puluh Lapan
Appeal Court Hearing, Singapore Supreme Court Building, Tuesday 1:55 PM
The hearing was much more private than had been Barbara’s trial. Five justices of the Singapore Supreme Court sat on a raised dais at the Appeal Court with six clerk-recorders sitting below. Leng and Koh appeared for the State, Hodges, alone, appeared for the Defense – the defendant was not admitted. No witnesses were expected. The only other persons present in the tiny area behind the bar was Rut Betar-Gisber and Peter Gamble, justices from Barb’s trial. The other judge from the trial, Wong Foo Lin, on the dais, having been assigned to the panel.
Leng approached Jeffrey with his hand extended. “We are all so upset over the terrible crime yesterday. How is your assistant doing?”
“No life-threatening injuries. Amanda is healing well, but there will be horrible emotional scars!”
“Please give her our best wishes. She is constantly on our minds. I assure you that the police are pursuing the matter with the utmost vigor.”
“Thank you,” mumbled Jeffrey. For some reason, Lee’s concern seemed out of place.
“Oyez, Oyez. The appeal of the defendant, Barbara Ann Moore, shall be heard before this Appeal Court of the Supreme Court of Singapore.
After confirming that counsels were present, the head judge spoke:
“We have reviewed the trial transcript from March 25th, 2019, and the audio recording of that proceeding supplied to us, most carefully, as we always do in a capital case,” said the judge. Our impression gained form those is that the experienced and respected trial judges handled the case with admirable skill and fairness. The multiple, disrespectful outbursts by the defendant were managed correctly. We are agreed that we would have shown her less patience than did those fine justices.” Jeffrey was relieved that Barbara wasn’t there to object.
“We have also read the summary motion for reversal submitted on behalf of Miss Barbara Moore by Jeffrey Hodges last week. Unfortunately, Mr. Hodges failed to submit a supplementary brief by the deadline of noon yesterday.”
Here Jeffrey rose to object. “Excuse me, your honor. May I address that?”
“Yes, but be brief.” A woman justice to his right giggled at head justice’s pun on brief.
Jeffrey's mouth hung open for a moment at the blatant disrespect. But he had to press on.
“The defendant’s supplementary brief was finished and sent to the court well before the deadline. However, as you may know, my young intern was stopped by Central Narcotics Bureau agents just yards from this court. She was then illegally assaulted and raped, preventing her from delivering the brief. I believe the court should consider these facts and accept the brief that I have here. I would be glad to present it tomorrow...”
“Mr. Hodges. The Appeal Court NEVER delays its hearings.”
“But, your honor, it was not the fault of the defendant that…”
“Fault is not the issue, Mr. Hodges. This court establishes clear deadlines, and it is counsel’s responsibility to meet them.”
“Perhaps,” added the woman justice who had laughed before. “If you had taken it yourself instead of sending a young, female intern who could easily get distracted and, who, it seems, dressed in a very provocative way like some streetwalker, the brief would have been here on time.”
Jeffrey choked back his anger at a woman in authority, talking dismissively about another female. “My intern was minding her own business and was illegibly detained and then criminally raped!” his voice rising.
“Please, Mr. Hodges,” said the head judge. “We can hear you without you shouting. The facts in the case, as I understand, are still under investigation. We cannot say for sure that any crime was committed until charges are filed and according to our legal principles not until a conviction is obtained.”
Another justice spoke up. “And there is some indication, I believe, that your intern was carrying drugs?”
“That is a total untruth!”
“Did she not openly flirt with one of the agents at a party last Friday?” the justice continued. “I was told by a very reliable person who was present, that the two were stopped by you just short of engaging in coitus.”
“Your honor, I must protest. I demand you take note that those who stopped her from delivering the brief were agents of this government, including one who had testified against Miss Moore at her trial. For official members of the government to have interfered here…”
“MR. HODGES!” the head judge cut him off firmly. “You are perilously close to slandering the Republic of Singapore. I strongly suggest you back off.”
“Sorry, your honor.” Replied Jeffrey through gritted teeth.
“You do NOT demand anything from this court. We have discussed most of these issues concerning the missing brief before this hearing. Have any of my fellow justices changed their opinion,” he looked around, and the others just nodded no. “Mr. Hodges, it is the ruling of this court that you failed to meet the deadline for briefs, and under the established rules, no further written material may be submitted. Please sit down and think of what you will say during oral arguments.”
Defeated, knowing the appeal was almost surely lost, Jeffrey sat wearily in his chair.
“Continuing. Mr. Hodges failed to submit a supplementary brief by the deadline of noon yesterday, however, and the response of the Republic was timely submitted by Lee Cher Leng.”
“The motion for reversal cited 15 judgments made by the trial judges that the Defendant charges are incorrect and biased against her. We, again, carefully reviewed each of these judgments. As the highest appeal court in the Republic, we bear a responsibility as the ultimate resource of a convicted person, and we examine each issue concerning the law and principles of equity. However, we also recognize that the law must be administered by judges who are human beings who will invariably commit error, often innocently. We hesitate to overturn another otherwise just verdict due to minor issues with rulings during the case.”
Jeffrey did not like what he was hearing.
Central Narcotics Bureau, Tuesday, 2:12 PM
Frost and bin Ibrahim had been digging through the desks and files of Rogers and Jiang for several hours. Both had a desire to make sure that nothing was missed that might shed light on their case. Every paper, every item was scrutinized at least one by each detective. They had sent out for lunch and worked straight through. Now they were coming to an end. A dozen files had been set aside for a second review back at Guards headquarters. Frost turned to bin Ibrahim. “That about wraps it up, I think.”
“I’m done,” replied the younger detective.
“Take a chair,” said Frost standing and staring out the window. “What are your impressions. Start with Jiang.”
“Zhihoa Jiang, 26, been with CNB for five months, mostly undergoing training. Previously, three years in the Army, the last eleven months in Special Forces. That record is sanitized. I suspect he wasn’t well thought of in SF. I still have some friends there. I’ll be able to tell you the whole story tomorrow.”
“Excellent!” said Frost.
“Partnered with Rogers, a week ago today, the same day Rogers was made Lieutenant, coincidence?” asked Musa.
"And the day after Rogers testified against Barbara Moore.”
“Yes. That testimony did not appear to do Rogers any harm. But back to Jiang. There just isn’t much. It seems he thought Rogers was special and was thrilled to be assigned to him. Maybe he liked fat!”
“Takes all kinds. Now let's talk about Lieutenant James Rogers.”
Appeal Court Hearing, Singapore Supreme Court Building, Tuesday 2:30 PM
“We have made a careful review of the 15 objections registered by the Defense. We judge that numbers 1, 2, 3, 4, 7, 8, 9, 10,11, and 14 are trivial matters not of any weighty influence on the final verdict or sentence and also appear to have been decided correctly. Therefore, any further arguments that the Defense might have made in a supplemental brief or oral argument would not affect our judgment. It is the unanimous decision of this court to dismiss those objections.”
Jeffrey was disappointed to lose all of those points so quickly. However, he had known all along that they were mostly long-shots and had been included for completeness. Also, he hoped that the judges would want to give him the benefit of the doubt on the others after rejecting so many. The remaining five were his core objections.
“Objections 5, 6, 12, 13, and 14 do raise important questions. However, on their face, objections 5 and 14 are matters that we have, consistently and firmly, left to the discretion of the trial court. We see no reason now to depart from that wise policy. Therefore, we also unanimously dismiss those two.”
Here Jeffrey was disappointed. He had assembled what he believed were strong arguments for those two in his brief, which the judges refused to read. And, though the matters were usually left to the trial court, the actions on this occasion were wildly prejudicial to his client. At least his strongest three remained. And he had solid precedents to cite for each. Precedents that were unearthed by Amanda. But now were buried in his brief.