Date: Sun, 27 Apr 2014 07:35:30 +1000
From: Rab Banaka <arbeetas@gmail.com>
Subject: Fifteen and Alone part 5 of 10

The usuals apply. \If you are topo young or of it is unlawful in your part
of the world, do not read this story.




Chapter 5 -- A Long Lost Will



 The weeks passed, Zac now truly felt like one of the family. Through his
solicitor, Stan had been able to secure legal guardianship of Zac,
enquiries revealing Ben wanted absolutely nothing to do with him. Zac had
enrolled at the High School at the beginning of the school year and was
enjoying his education again after the small hiccup of transfer of his
education papers. He was in year ten, having completed year nine in his
former home town. He was finding it easy, the subjects were familiar to him
and he was no slouch when it came to learning. He fitted in perfectly at
the school.

Glenn had started year eleven at the same school, so they were together
every day, able to spend recess and lunch times together. Although Zac and
Glenn were lovers at home, Glenn had introduced Zac to a couple of chicks,
one of which was very close to him. Glenn never asked, but he was sure in
his own mind Zac had done the deed with this chick. He'd seen them at
school, behind buildings, kissing passionately and had even seen the chick,
on one occasion, draw her hand sensuously across the fly of Zac's shorts
several times, then seen Zac's hand disappear up her skirt. He'd grinned to
himself, this was cool. Glenn loved his intimate contact with Zac, but was
happy he was getting into the chicks as well.

About mid April, there was a knock on the door one evening, Stan answering
it to find a Police Sergeant on the step, a paper in his hand.

"G'day Stan," the Sergeant said. "Look mate, I've got some process here
that originated in New South Wales. Could we go to your study and talk?"

"Yeah, course Pete, get yer arse inside mate," Stan replied.

They went to the study, Stan closing the door. "What the fuck is this all
about Pete?"

Pete grinned, he was used to Stan. He should have been, he'd known him for
ten years. "Well mate, it appears Zac's stepfather has filed him as a
missing person, even though our records reveal he wanted nothing to do with
the boy before you got legal guardianship. It appears a will has turned up.
He gets five hundred thousand dollars from Zac's mother's estate, and her
house, as long as he has Zac under parental guardianship. If Zac's not in
that position, being cared for by his stepfather, all the money, and the
house goes to Zac, every cent. That's the position Stan, I wish I had
better news."

"But I've got legal guardianship, haven't I?" Stan asked.

"Yeah mate," Pete explained. "That's why we're going to leave Zac with you,
otherwise he'd have to go into care before being taken back to this Ben
fella. Look Stan, you'll have to get the advice of your solicitor as to the
best course of action and you've got to realise that whatever happens, this
matter will be taken before a family court for a decision. That'll happen
fairly soon."

Stan was flabbergasted, his mind was in a complete whirl but he knew,
whatever it took, he'd not see Zac back with Ben, not at any price, he
thought too much of the kid. Anyway that prick was only after the money,
that was the only reason.

"Fuck him Pete," Stan relayed, "there's no way he's getting his filthy
fucking hands on Zac, that kid means too much to me and the rest of us.
We're not about to lose him to a prick like that."

"Good on you," Pete replied. "I don't know the full story Stan, but I know
there was no hesitation in awarding guardianship to you and Del. See your
solicitor as soon as you can and sort this shit out mate, you've got my
full backing."

Stan told Del the news after asking her to come into the study. He didn't
want to tell the guys, he didn't want them worrying, he knew how much Zac
meant to them as well. Del was devastated.

"We can't let that happen Stan," she said. "The boys would never forgive
us, we'd never forgive ourselves."

Stan saw Bob the next day, putting the wheels in motion for the Court case
that should never be.

"Don't you rip me off you prick!" Stan exclaimed to Bob. "That kid means
too much to all of us."

"Don't worry about that Stan," Bob replied, "if, no, when we win, I won't
charge you a cent. You and your company have done a hell of a lot for my
business over the years Stan and I owe you one."

"And your business has made me fairly poor, you bastard," Stan grinned.
"Thanks Bob, it's appreciated mate.

The next few weeks were full of tension for Stan and Del. The guys knew
something was up as well but didn't know what, Stan and Del certainly
weren't going to say anything.

Finally, Bob phoned Stan telling him the court date was set for two weeks
time at the district Court in Lismore. Bob said he was pretty sure, after
all his enquiries; he had enough witnesses to prove Ben's neglect of Zac,
but there was one key witness he couldn't find; Jamie. His family must have
moved away from where they were. He was still attempting to locate the boy
as he felt he could prove Ben's neglect beyond reasonable doubt.

Stan got the guys in his study. "OK fellas, the last few weeks have been
shit for me and your Mum, so I'm gonna tell you what's been going on."

The guys listened intently, not asking a thing until Stan had finished.

"So there it is guys, that's how we stand. In two weeks time, there's going
to be a Court case which none of us want, especially you Zac. Bob can't
find your mate Jamie; he thinks he may have moved away from where they
were. You got any idea of where that may be Zac?"

Zac shook his head. "Unless...," he said.

"Unless what boy?" Stan sounded impatient, then, seeing the look on Drew's
face, "Sorry Zac, can you remember anything?"

"Well they did say some time ago they might move to Port Macquarie some
time. His family was keen to move a bit further north, maybe they did." Zac
hadn't been upset by Stan's shortness, after what he'd just heard, he just
wanted to help in any way he could.

"OK then," Stan said, sounding happier, "I'll get Bob onto that straight
away. All right guys, you know how things are now, we're going to fight
this as hard as we can. Bob's pretty confident, as long as he can find
Jamie."

The days passed and finally, ten days later, Bob rang with the news he had
located Jamie's family in Port Macquarie. They had been happy to let Jamie
give evidence at the hearing, knowing the lack of support Ben had supplied.

Zac had been coached by Bob on the evidence he should give, nothing should
be left out and that included the reason he had been thrown out in the
first place. Bob had been able, through the Court, to procure Zac's copy of
his mother's will, and upon reading it, with Zac's permission, was easily
able to see why Ben wanted him back now.

The day finally arrived, Zac's new family deciding to drive the one hundred
and thirty kilometres to Lismore. They piled into the Mercedes 450 SEL at
seven thirty that morning arriving at Lismore right on nine o'clock. Stan
had a fairly heavy foot.

Bob met them at the Court building, taking them inside for a last run
through the proceedings. Quarter to ten saw them leave the room and head
for the Court, running slap bang into Ben outside. Ben was so pleasant,
putting his arm around Zac and telling him it was going to be great to have
him back. Stan appeared friendly and smiling, before asking him over to a
quiet corner.

When they were alone, Stan made his feelings felt. "OK Ben, I know why
you're here, I've read the will too. Five hundred grand will buy you a lot
of piss mate, probably more than even you can handle." Stan was smiling as
he spoke. "But if you think piss can override your responsibility to that
boy, you're sadly fuckin' mistaken my friend. I haven't got a say in the
outcome of this hearing, but I've seen the state you left that boy in, my
son saw it when he gave him a ride and brought him back to the more seemly
side of life. I'm going to win my friend, make absolutely no mistake about
that."

"Well, we'll just have to see," Ben said. "I've got a pretty high powered
lawyer here and I reckon he's going to cut you up fairly well. I was
married to the kid's mother, so that gives me a lot more power over that
kid than you have."

"Hope you can afford him." Stan's last words echoed in Ben's head for some
minutes.

They entered the Court, Zac being allowed to sit with Stan and Del as they
were his legal guardians. Ten minutes later, the Justice entered, heads
being bowed before he made himself comfortable in his chair.

The case was read to the Court, a closed Court owing to Zac's age. Ben was
the first called to the stand. He was questioned and cross-examined and
appeared to hold himself together well, but his story was a complete pack
of lies. He told the Court he was a responsible guardian and that Zac had
run away after an argument. He'd already made his first big mistake, the
custody papers proved that. Several other witnesses were called on Ben's
behalf and were glowing in their description of his treatment of Zac.
According to them, Ben had been nothing but a kind and providing guardian
to the boy.

At the end of the first two hours of evidence, Bob was obviously worried.
So far, the evidence was definitely not going their way. Finally, his turn
came and witnesses were called for Zac, but none of them seemed able to
counter what had been said on Ben's behalf, even Drew. Zac spent thirty
minutes on the stand telling as best he could, the appalling state of his
prior existence, the lack of clothing, getting his own meals, Ben's problem
with alcohol, the beatings. Everything he said seemed to have been
countered by previous witnesses and almost made him out to be a liar. Zac's
evidence finished, the Justice spoke.

"Mr ------, Do you have any further witnesses in this case before I
consider my findings."

"I do, your Honour," Bob said. "But at this stage my key witness hasn't
presented to the Court. I request fifteen minutes recess in order to
attempt to locate him."

"Fifteen minutes granted," His Honour said. "In fact, seeing it is now one
pm, Court will resume at two pm, after lunch"

After the formal recess proceedings, Bob, Zac, Stan, Del and the boys met
outside the Court.

"This isn't going well," Bob told them, "where the hell is Jamie?

At two pm, they assembled in the Court. The Justice entered and sat at the
bench. "Has your key witness arrived as yet, Mr -----?"

"My apologies your Honour, no he hasn't." Bob sounded deeply distressed.

"Then I have to hand down my findings in this case," his Honour said. "Time
is of the essence as we all know. I have listened carefully to both sides
of this case, and I have read the child's mother's will, and even though I
find inconsistencies in the evidence, I pass the following judgement. The
child, Zacharey ----- will be returned to the cust..."

There was a sound of doors opening, and all turned to see the Clerk of the
Court enter and approach Bob, whispering something in his ear.

Bob stood. "My sincere apologies your Honour, but my key witness has
arrived. I beg your leave to place him on the stand."

His Honour's expression was somewhat dour. "This is highly irregular Mr
------, but, given the circumstances permission is granted."

Jamie was placed on the stand and questions were fired at him by Ben's
lawyer first. Zac listened to the questions, fearing Jamie would crack
under the pressure, but no, he answered every one in a truthful manner,
even turning the questions back on the lawyer at one stage. Finally, after
half an hour, the barrage of questions concluded.

"No further questions your Honour." Ben's lawyer said,

It was finally Bob's turn. He asked Jamie about the condition of Ben's
house and Zac's room.

"Zac's room was always tidy," Jamie replied. "The rest of the house was
filthy most of the time until Zac was belted into cleaning it up."

"Did you ever see Ben strike Zac to make him clean the house?" Bob asked.

"Yes," Jamie replied, "I saw him use an open hand hard across the back of
his head many times."

The questions continued, Jamie giving accurate details of Zac's living
conditions and possessions, clothing etc. Had Jamie ever seen Zac cooking
his own meals?

"Yeah," Jamie replied, "Zac always cooked the evening meal, Ben was usually
so drunk, he either didn't eat his or threw it against the wall for Zac to
clean up."

"Did you ever witness Ben give Zac a beating?" Bob asked

"I saw him punch him hard on several occasions," Jamie replied truthfully.
"I never witnessed an actual beating but Zac showed me many times where
they'd been given to him, always under his clothing where it couldn't be
seen at school."

"Did you ever see any bruising?" Bob asked.

"Zac's shoulders, back and arms were always bruised," Jamie answered. "He
usually just pointed out the new ones to me."

Jamie's evidence continued for almost an hour, painting an ever blacker and
more damning picture of Ben's treatment. Then the final two question from
Bob.

"Were you at Ben's premises the afternoon Zac and yourself were allegedly
thrown out?"

"Yes I was." Jamie replied.

"And what were you doing together in order for Zac and yourself to get
thrown out of his home?" Bob had to ask the question.

"We were jacking together," Jamie replied honestly, "that's all."

His Honour placed a hand across his mouth to hide his amusement.

"I have no further questions your Honour," Bob advised the Court.

"Thankyou Mr ------. The evidence I have heard in the past hour and a half
puts a completely different light on this case." His eyes focussed on Ben.
"It is apparent to me, you have located a will, only in your favour if you
take care of Zacharey in a responsible and caring manner, and if you
continue to care for the child. From evidence I have heard, that has not
been the case. You have been abusive in the extreme, taking something that
comes naturally to boys of this age as disgusting and unacceptable. Your
lack of provision of basic necessities for this child, your abusive
behaviour and your fondness for alcohol, negates any conditions of the will
in your favour. You have failed to provide proper and adequate care for
Zacharey, therefore his mother's will is negated in your favour, and the
money, as stated in the terms of the will, is to be put into a trust
account and held until Zacharey attains the age of eighteen.

The house is now officially the property of Zacharey, and the title will be
officially transferred to him by this Court. You will be receiving an
eviction notice from this Court within the next ten days, and you will have
twenty eight days to vacate the property, leaving it in a clean and tidy
state. If this is not the case, professional cleaners will be brought in
and you will be forwarded the account for payment. As the legal owner of
the house, Zacharey may now make the decision as to keeping the house or
selling it, but if it is sold, the money is to be placed into the same
trust account as the money from the will.

I am somewhat suspicious that perjury has been instilled into this hearing,
but for lack of evidence, I will leave the matter as it now stands. In the
eyes of this Court, by your treatment of Zacharey, you have no rights to
the child whatsoever, and, as there are no known relatives, I hereby award
permanent legal custody of Zacharey to Mr. and Mrs. Stanley Martin. The
decision of this Court is final."

His Honour stood, the Court stood as he made his way to chambers after
final formalities. It was over.

The new family met outside the Courtroom, standing in a tight circle, their
arms on each other's shoulders. Bob stood aside watching, a warm feeling of
satisfaction flowing through him. Ben watched from a distance, hate flowing
through him like fire. How could this have happened? There must be some way
this decision could be reversed. He consulted his lawyer.

"Leave well enough alone Ben, you've lost," his lawyer told him. "Consider
yourself lucky after the evidence young Jamie gave, His Honour didn't have
you charged with perjury. You have lied to me about the details, all your
witnesses told lies to protect you, you told lies to protect yourself.
You'll receive my account in the mail, good day."

Stan turned to Ben. "Like I said mate, I hope you can afford him,
especially now."

Ben made his way slowly to the street, he was left with nothing, something
he fully deserved.

Stan and Del hugged Jamie tightly before asking his mother if she would let
him stay with them on the Coast during one of the school holidays. She
smiled, saying it would be a pleasure, it was a very kind offer,
arrangements could be made later as to timing.

"Just whack him on the bus," Stan told her. "Don't worry about the fare,
I'll fix that up our end."

"Thank you indeed Mr Martin."

"Stan," he said, "the name's Stan.

Jamie's Mum was appreciative. "Thank you Stan, that's a very generous
offer. I'm sure Jamie is looking forward to it."

The new family made their way back to their car, happy in the knowledge
they were together permanently. Stan and Del now had permanent custody of
Zac and would be able to help shape his life for him in the way he
deserved, in the way any teenager deserved. Zac's happiness knew no bounds,
he'd grown to love Stan and Del, almost as his own parents and the guys
were like brothers to him. Zac was quiet when they arrived home. Del and
Stan noticed his quietness.

 "What's up Zac, we won, you're here to stay. Why so glum mate?" Del asked.

Zac's eyes filled with tears, he was remembering what he'd said about his
Mum and Dad the day, all those months ago, he'd tried reconciliation with
Ben. `Shit Mum, Dad, what am I gonna do? You've left me with nothing, not
even a home now.' He passed this on to Stan and Del, his eyes overflowing
at the thought he hadn't trusted his loving parents.

"Oh Zac," Del said with sympathy, "you weren't to know mate. How could you
have known your Mum left that behind? If you'd stayed with Ben, you'd never
have seen a cent of it. Don't blame yourself for what you thought Zac, at
that time you were right, you did have nothing.

Zac hugged her. "Thanks Del, Stan, once again you've both helped me realise
how lucky I am. That money will be in the bank when I turn eighteen and
I'll be able to repay you both for your kindness."

Stan was frowning. "Hey Zac. Don't you remember the discussion we had in
the study shortly after you got here? That still stands boy, the only
repayment I ever want from you, is to see you happy. You're with us now,
permanently, and I can't think of another person I'd rather have in my
house."

Zac gave Stan a hug, there were only two words he could think of, "Thanks
Stan."

That night, behind the closed door of their room, Zac and Glenn made the
most perfect love to each other ever, their feelings for each other now
deep and permanent. In one way, they were already brothers.



To be continued


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