Crisis of Identity

Miles pushed himself up from his chair and stood. ‘Miles Davison, Your Honour. I appear for the two defendants named in the warrants... Mrs Vicky Miller and Mr Kade Miller,’ Miles said. ‘Both are present in court today.’ He gestured to us.

‘Thank you Mr Davison,’ the Magistrate said. Miles resumed his seat.

When Thursday finally arrived I was not looking forward to the scheduled court case to challenge the latest police warrants seeking our DNA and medical records. But the thing I dreaded most, was seeing Dawes again at the court hearing.

We were first case up, following the various adjournments and bail applications. When our case was called we made our way to Court One. The court room was empty when we entered.

High ceilings illuminated by rows of fluorescent lighting, with ceiling to floor timber panel walls and several rows of public seating; it was everything I pictured in a court room.

The witness stand was at the front on the left, while the prisoner dock and jury box were on the right side.

The Magistrate sat atop of a high, wide timber desk, beneath a framed photo of a young Queen Elizabeth. Seated in front of him was the female Clerk of Courts. Both were watching us as we entered.

Miles moved to the bar table beside the police Prosecutor, while mum and I sat behind Miles in the front row of the public gallery.

The Queensland Police Force was represented by a WA Police Sergeant. I scanned the room several times before it was evident Dawes will not be attending. That was the first positive to come from this process.

With the introductions out of the way, the Magistrate continued. He was an abrupt, elderly man in his late sixties to early seventies. With silver grey hair and a ruddy complexion, he glared over the top of small reading glasses perched on the end of his reddened nose.

‘This matter relates to an application to challenge warrants issued by Queensland Police against Vicky Miller and Kade Miller.’ It was a question, not a statement. Maybe people in his position of power don’t need to clearly articulate their questions.

Miles stood from his chair. ‘That is correct, Your Honour. You will note from our application, which I understand you have a copy in front of you…’

‘That is correct.’

‘…We have filed a motion to quash the warrant served on Mr Kade Miller, as invalid and further, we are challenging the warrant against Mrs Vicky Miller, compelling her to provide her DNA and medical records.’

‘Yes, I see that, Mr Davison. I have read your application.’ The Magistrate’s glare shifted to the police prosecutor. Miles resumed his seat as the Magistrate began. ‘Sergeant, do the police consider Mr Kade Miller to be a suspect, or the victim in this investigation? I must say… I’m a little confused.’

The Prosecutor stood from his chair and flicked through some notes. ‘Ah… The Queensland Police suspect Mr Kade Miller to be the young boy, formerly known as Jayden Evans, who was kidnapped back in 1994.’

‘So the Police consider Mr Miller to be the victim…?’

‘That is how I read it, sir.’

‘Then why has a warrant been issued for him to provide his DNA and medical records? He is not a suspect.’

The Prosecutor flicked through his notes. Several beats passed by as he turned pages. ‘Um… I note in the affidavit provided to the court by Queensland Police it names Mr Miller as a co-suspect, Your Honour.’

‘I see that, sergeant. But he isn’t, is he?’

‘No, sir. Not as I understand it. Your Honour will no doubt appreciate, I am not involved in this investigation. It is a Queensland Police matter.’

‘I am aware of that, sergeant. I am however concerned as to whether Queensland Police has misled the issuing court in its application for the warrant against Mr Miller. I too read in the affidavit that Mr Miller is considered a co-accused with Vicky Miller. It is clear to me that the warrant against Mr Kade Miller should never have been issued, and had the affidavit been accurate in content. The warrant would not have been approved.’

‘’I agree, sir.’

‘Mmm…’ The Magistrate glared at the Prosecutor. ‘I am mindful not to shoot the messenger… but I will be considering whether further action should be considered against the police informant who prepared the warrant affidavit…to determine if he has intentionally misled the court for the purpose of obtaining a warrant that should never have been issued.’

‘As Your Honour pleases.’

‘Mr Davison…’

Miles jumped to his feet. The Prosecutor sat down.

’I am declaring the warrant issued against Mr Kade Miller invalid, in that it misrepresented the substance of the laws it cited and further… It rendered the offence against Mr Miller, to which the warrant related, invalid.

‘Only a suspect can be compelled under this legislation to provide a sample of their DNA. As I understand it, Mr Miller is not, and has never been considered a suspect in the police investigation. Therefore, such a warrant cannot apply to him. The warrant is quashed.’

‘Thank you, sir,’ Miles said. He resumed his seat.

The Magistrate glared over his glasses at the Prosecutor. ‘I trust there are no surprises in the warrant issued against Mrs Vicky Miller, Sergeant?’

The cop stood. ‘Not that I am aware of, sir.’ He resumed his seat.

‘Thank you, Mr Davison…’ The Magistrate said to Miles.

Miles jumped to his feet. That was his cue to present his argument. ‘Your Honour will note in the information in front of you, sir, that it is our position, this entire investigation by the Queensland Police is a witch hunt, bordering on harassment of my clients. To date, the police have not formally interviewed my client, Mrs Vicky Miller to put any allegations to her about their allegations she was the person who kidnapped Jayden Evans, the young boy who went missing from his Robina home in 1994.’

Miles flipped over some pages before continuing. ‘Your Honour will also note… In the records provided to the court, is a birth certificate, which I suggest is prima facie evidence my client’s son, Kade Miller was born in Western Australia in 1991 to my client Vicky Miller and her late husband.’

‘I see that, Mr Davison…’

‘Your Honour… It is our position that if the police accept this document as a genuine record from Births, Deaths and Marriages, then it questions their just cause in requesting my client’s DNA. This record confirms Mr Kade Miller is not the missing toddler from 1994.’

‘I tend to agree, Mr Davison.’ The Magistrate glared over his glasses at the Prosecutor. ‘Does the police have any evidence challenging the veracity of the birth record, Sergeant?’

Miles took his seat as the Prosecutor stood from his chair and quickly flicked through a number of pages in his file. ‘I don’t believe there is any evidence from the Queensland police at this time that would discredit the birth certificate provided, sir.’

‘What is the evidence Police will be relying on that will prove Mrs Miller kidnapped Jayden Evans, if the police accept the birth record?’

The Prosecutor flicked over pages. ’Sir… It is my understanding, the police have not accepted the birth certificate…’

‘I see… Explain.’

‘At this point of the investigation they have just not challenged it.’

’So, they are disputing the birth certificate as being genuine…?’

‘As I understand it, sir…’ The Prosecutor flipped over some page in his notes. ‘The Police reserve the right to challenge the birth certificate at a later time, based on the outcome of their inquiries.’

‘I see…’

’Queensland Police are hinging their expectations on the DNA tests they have requested to prove Vicky Miller and Kade Miller are not related. Further, Your Honour… The Queensland Police also suspect the medical records they seek will show that Mrs Miller never actually gave birth to Mr Kade Miller… If that occurs… They will then challenge the authenticity of the birth record.’

‘Given the Police are yet to obtain any DNA, or medical record evidence at this stage of the investigation…’ The Magistrate said. ‘What is the extent of evidence against Mrs Vicky Miller?’

‘The police were able to place Vicky Miller in the area where the toddler went missing back in 1994. There’s evidence to show Mrs Miller and her late husband resided in Varsity Lakes, a suburb that neighbours Robina.’