Published: 14 May 2024.
by Gerry Gaffney
Jason could be amusing and entertaining with the best of them but his personal black cloud was never far away and his natural state tended towards being morose. This made him difficult to get to know, so his friends were surprised when he arrived at the bar one night with María from Guatemala by his side. She'd stopped Jason the previous day to ask for directions, they had had a conversation, and he'd invited her out for a drink.
They immediately began to interrogate her. María was in Melbourne studying the variety of English that is spoken there. She was four weeks away from finishing a twelve-week intensive course and would then be returning home. She was friendly and open and her English was remarkably good with amusing mis-steps.
Jason's friends thoroughly approved of María. They agreed it was somehow typical that when he finally found a nice girlfriend she was just about to leave forever.
A few days later, María was hit by a car when she was crossing Malvern Road at a traffic light. The driver, Annette Fleming, had been occupied at the time with her mobile phone.
Annette emerged from her red Mercedes convertible and began yelling at María, who was lying on the ground in shock and in pain, about the damage to her car. There were four witnesses, and they remonstrated with Annette and helped make María as comfortable as possible until the ambulance and police arrived.
The paramedics gave María painkillers before taking her to The Alfred Hospital. María glared at the sulking Annette as she was loaded into the ambulance.
As the police conducted their initial roadside interviews, Annette was still trying to insist that María had been at fault, crossing the road against a pedestrian signal. The witnesses flatly and uniformly contradicted her story. Two of them also suggested that Annette appeared to be texting when the collision occurred. Annette denied this, but the police seized her phone as evidence. They also told her that she would have to accompany them to the police station for mandatory drug and alcohol tests and that she would probably be charged with a range of offences. Throughout, Annette displayed no apparent concern for her victim. This did not endear her to the police.
At the hospital, scans confirmed that María's femur was broken. She would require surgery as a matter of some urgency, and this was scheduled for the following day.
Jason arrived as soon as he heard the news.
"Sorry for having you run over," he said, "I couldn't think of any other way to keep you in Melbourne." María's painkillers made this funnier than it might otherwise have seemed. Jason sat by her bedside and held her hand.
***
On the evening of the collision, Annette arranged an urgent appointment with the family lawyer.
Michael Larkin was a quiet-spoken well-dressed man approaching retirement. He'd consulted for Annette's father and his various enterprises. He always very much admired the older Mr Fleming. He couldn't say the same for the offspring, particularly Annette.
Annette sat across the desk and began to describe her situation.
"I had an accident. The police are threatening me."
"I'm sorry to hear that. Tell me what happened."
"A woman ran out in front of me and I couldn't stop in time. I hit her."
"Were there any witnesses?"
"Yes, four or five. They all claim I hit her when I ran a red light."
"Is it possible that you did run a light?"
Annette paused for a moment. She looked out the window then back at the lawyer.
"Maybe. I was texting just before."
"Do the police know that?"
"Somebody told them they saw me texting. They took my phone."
"Who took your phone?"
"The police. For evidence they said."
"Okay. Ms Fleming, it's my job to secure the best outcome for you. If I understand correctly, it sounds like the police can make a very strong case against you. If you deny their version of events, then of course we can decide to fight it in court. However, if they are correct, and particularly if they have witnesses to support their version, then it's highly unlikely we can win. Our best approach, your best approach, would be to accept responsibility."
He paused and watched Annette as she chewed her lip.
"I don't want my name in the news and on social media," she said. "It would ruin my life."
"That sounds a little melodramatic."
"I wouldn't expect you to understand. I have a social standing that I can't afford to lose."
"Tell me about the woman you hit."
"What about her?"
"Well, for starters, is she badly injured?"
"I don't know."
"Did you talk to her?"
"Well... Not really. I might have called her some names. I was in shock, I was angry."
"Was she able to walk away from the scene?"
"No. They took her in an ambulance."
"I see. And you have no idea how badly she was injured."
"No. My car has a big dent in the front and Ray says it will need panel work and re-spraying."
Larkin stared at her from across the desk.
"Okay, let's be clear. Our only hope of keeping this quiet is to make amends to the woman you injured, and persuade her not to press charges. I'll make some enquiries and try to find out more about the victim."
"I'm the victim too," said Annette. "Remember that."
"I'll keep it in mind."
As soon as Annette left, he picked up the phone to find out at much as he could from the police.
Afterwards he called Annette.
"The young lady is called María Calderón. She's from Guatemala. She's got a broken femur as well as various bruises and abrasions. She's got surgery tomorrow for the femur. She'll be in a cast for several weeks. On the upside, she's likely to make a full recovery. On the downside the police consider this a serious matter and are going to proceed on that basis.
"I'll accompany you to the formal police interview tomorrow, and I'd advise you to be truthful. They have witness statements, as well as the evidence on your phone, and unfortunately for you there is also some corroborating webcam footage from a house across the road. Unless you're determined to contradict their version of events, your best course of action is to be upfront and plead for lenience. Let's see how that interview goes and discuss our options afterwards."
The interview did not go well. Annette insisted on portraying herself as a victim. She was formally charged with a range of offences, and had to suffer the indignity of having her fingerprints taken.
Back at the lawyer's office she began by complaining that Larkin had done a poor job.
"Please feel free to engage alternative counsel," he said.
Annette stared to cry. "You don't know how hard this is for me. Just tell me what I can do. Please."
"From a legal perspective we can plead for leniency in court. It's a first offence, you're of good character and can get statements of reference I presume. You'll have to show humility in court. You'll need to work on that.
"In the meantime I suggest you make a direct appeal to the young lady. Perhaps visit her in hospital after her surgery. With flowers and a gift. Tell her you're sorry and try to sound convincing. If you can establish a connection with her you may be able to ask her to consider dropping the charges. The prosecutor may not proceed if the main witness won't cooperate. She's from Guatemala and she's studying English. I don't know anything about her background but it may be that a generous cash settlement, including settling any out-of-pocket medical expenses, might be influential. Whatever you do, don't issue any threat or display any hostility.
"And for God's sake don't play the victim or blame her for what happened."
***
María was recovering from surgery when Annette came to visit. Jason was sitting by the bedside. Annette had brought an expensive bunch of flowers and a large box of chocolates.
"I didn't know if you'd want to see me. I'm sorry about the accident, I certainly didn't mean to crash into you. How are you feeling?"
"Okay." María seemed uncommunicative. Jason was staring silently at Annette. He didn't look friendly. She tried to ignore him.
"This is a nice room. There's a nice view of the park."
"Is there?" asked María. "Unfortunately my leg is broken so I can't really appreciate it."
Annette could feel the conversation slipping away from her.
"Look," she said. "I know you don't like me. But I want you to know I want to help you. To make up for the accident."
María said nothing.
"I know it's probably hard for your family in Honduras. I'd like to offer to make a suitable payment to help your parents or your village. Maybe to help build a library or provide textbooks for schools."
María still said nothing.
"You don't know who I am," said Annette. "I'm a very important woman. My family is prominent here in Melbourne. I can't afford to have our name dragged through the courts."
"My family," said María, "does not live in Honduras. We live in Guatemala."
"Well," said Annette, "you know what I meant."
"Also, I do not need your money and my village as you call it, is Ciudad De Guatemala. My ancestors are Mayan and Spanish and I have a proud history. You insult me with your talk of money."
Jason had never seen María's cold anger before. He was very impressed.
"Listen to me," said Annette. "I don't give a fuck about your ancestors, or about you. But I can make your life very difficult here in Melbourne. I have friends in Immigration, I can have your visa cancelled."
María laughed.
"¡Come Mierda! I don't give a fuck about who you are," she said. "Do you know who I am? Perhaps you should have thought of that before you come to threaten me. My father is coming here today by private jet. Do you know what he does? No? Do you know what a cartel is? Do you really think you can insult the daughter of a cartel lieutenant like this?"
She took a breath.
"I will tell you what will happen. First you will take your flowers and your chocolates and you will fuck off. Then we will go to court and your name will be known to all. But my father will not be satisfied with that, he will not believe that is enough justice to the woman who injured and then threatened his only daughter.
"Some weeks from now, or some months, you will get into your precious car." Her voice dropped almost to a whisper.
"You will get into your car and you will press the ignition.
"And BOOM!" she yelled.
Annette yelped and stepped back in fright. She knocked her chair into an IV stand. The IV stand fell over with a clatter.
A nurse looked in. "All okay in here?"
"Yes," said María. "I am just explaining something to my visitor."
The nurse fixed up the IV stand and left, and María continued as if there had been no interruption.
"Yes, boom! And you and your fake hair and your fake nails and your fake Hermès handbag will shred into a million little pieces."
"It's not a fake," whispered Annette. "It's a real Hermès."
"It makes no difference. Now go away and leave me alone."
Before Annette could leave, María's father walked in. He looked tired and worried. He was a short man with very little hair, wearing round wire-rimmed glasses. He looked like an accountant. Somehow this added to the menacing aura that seemed to surround him. He went to the bed and embraced his daughter.
"This is my boyfriend Jason," she told her father in Spanish. "And this is the horrible woman who tried to kill me."
Her father gave Annette a cold look. He and María had a rapid conversation in Spanish.
"My father wants to know where you live," she told Annette.
"I have to go," she stammered. "I hope you get better, and..."
She trailed off as María and her father stared at her. She stopped trying to speak, and turned and walked out quickly.
***
Over the next few days Jason spent some time with María's father. His own Spanish was almost non-existent, and the words María had taught him were generally neither useful nor appropriate. Her father had limited English. But he liked Jason and the way he was solicitous of his daughter's welfare. He seemed to spend a lot of time making phone and video calls back home to Guatemala. After 5 days he returned home, shaking hands solemnly with Jason before he left for the airport.
While María was recuperating she moved in with Jason. Within a few months she had fully recovered and was applying for a visa to stay in Australia.
Annette did not contest the charges. She was fined and sentenced to 40 hours of community service. Her licence was suspended for two years.
Her solicitor told her she had gotten off lightly. She disagreed.
The meeting with María's father stayed with her. She developed the habit of looking underneath her car before getting in and breathed a sigh of relief each time it did not blow her to pieces.
***
"You said your father would take revenge on that horrible woman," said Jason one day.
María laughed. "Yes."
"Will he really?"
"My father is an accountant at Banco Industrial."
"Thank God. I was getting worried about marrying into a drug cartel."
María raised her eyebrows.
"Marrying?" she said.
Copyright © Gerry Gaffney 2024