Bitter Sweet Harvest Part 24

"What about... what about us? Can we leave Singapore?" Mark asked again.

Kam looked gravely at them. He compared Mark's response to that of Hussein. At least he does not throw his weight around. And he has integrity because he seemed genuinely concerned about Aquino. He had enjoyed teasing him and had almost laughed out aloud when he was doing so. He had discussed the situation with his superiors. They had been pleased with the rescue. If they had not succeeded, then it would have been very bad publicity for the island's efforts to establish itself as a tourist spot or financial centre.

The general consensus was that there was no necessity to rake over the fact that Mark had tried to undertake the operation on his own. A good warning would be sufficient chastis.e.m.e.nt because, in the end, An Mei did tell them and Mark did not do much beyond watching the hut where the criminals were. He did lead the police to the criminals and did in the end play an important part in the boy's release. The fact that he would have tried to save the little boy on his own was still a supposition, his superiors considered, because the police did not catch him in the act. Kicking up a fuss would detract from the bigger issue, the kidnappers themselves. Above all, it might lead to bad publicity. Kam had agreed wholeheartedly.

Out of the corner of his eyes, he stole a glance at An Mei. He saw the fear in her face. He had developed a soft spot for her since Nelly had told him of her situation, but he was not going to let them off so easily without a warning. He summoned a stern expression.

"When we catch the mastermind behind the kidnapping, you will have to attend court as witnesses. We will need you to identify formally the criminals we have so far apprehended and hence you can't..."

The phone rang, its ring shrill and sharp. Kam picked it up impatiently. He listened. His eyes widened. Mark could not read the expression. At times, he broke into Cantonese. He nodded sympathetically at intervals. He turned his back to them, and spoke softly into the phone. An Mei and Mark looked in wonder as they waited to hear their fate. They looked at the clock on the wall and then at their watches. Every minute of delay could make more real, Hussein's threat. Their unease grew. They waited. Finally, Kam placed the phone down.

"Excuse me. That was an important call. Where were we?" he asked.

"You were saying..."

"Yes! Yes! I remember. Let's say that we do not bring any charges against you for obstructing the law. Mind you this would be purely an amnesty on our part. You will not attempt to withhold information again. You will liaise and keep us informed on all matters relating to this crime. We will need you as witnesses. As to whether you have to be physically present," his voice softened, "you might wish to take legal advice." Kam drew open his drawer, flicked through a stack of cards and pushed one across the desk to them. "You might like to be advised by this gentleman."

Chapter 45.

The road wound round the mountain range. On one side of it was the steep rise of the mountain and on the other side a sheer drop, concealed by dense rain forest. Tall tree ferns rose high, their lime green fronds spread and interlocked to form a canopy of shades. Through them, rays of suns.h.i.+ne filtered; first golden and then pearly white as a haze of dewdrops spiralled round them until they reached the ground. They struck the stems of the giant ferns, accentuating their craggy brown bark and the unrolling fronds of smaller plants growing closer to the ground. The b.u.t.tress roots of the banyan trees loomed large. Everywhere was the lush green of the forest. At a distance, deep in the jungle, wild orchids hung precipitously down from their hosts; their large waxy blooms a colourful contrast to the surrounding green. Long-tailed monkeys swung from tree to tree, their cries echoing across the mountain. Then suddenly the car was descending; the road began to bend and twist more gently, each meander further apart than the previous one. Gradually, warm air supplanted the cold dampness of the rain forest and the flora changed. A stream emerged, drawing water from its source, hidden behind boulders in the hinterland. The car left the Main Range and they were back in the lowlands that run the length of the east coast of the Malay Peninsula. They were returning to Kemun and Hussein's parents.

Hussein sat at the back of the limousine with one arm sprawled along the top of the back seat, the other resting on his knee. He stared unseeing as they drove past oil palms, row upon row of them. They were heavy with fruits; reddish berries the size of plums hung in thick huge cl.u.s.ters beneath the crowns of spiky fronds. In normal times, he would have looked eagerly at the landscape, marvelling at the progress that had been made even in the short time he had been in politics. He had seen the growth of the palm oil industry. Since its arrival from Africa in 1910, palm oil had flourished, but its development was, he believed, secured by the creation of the Palm Oil Research Inst.i.tute of Malaysia, which he fondly called PORIM. And he was proud of it, proud to be a.s.sociated with a government that had made it possible. For with the help of PORIM, palm oil had been made one of the country's biggest export earners.

He looked at the neat houses amidst the estates. Ghazali who was sitting next to Hussein detected a tiny lightening of his boss's mood. He half expected him to announce, as he had done many times before, the word "FELDA", the Federal Land Development Authority. It was a pet topic of his. Ghazali remembered the early days, when fresh from university and fired with an ambition to alleviate rural poverty, Hussein had been all for the scheme established to resettle poor rural Malays on smallholder farms growing cash crops. He had canva.s.sed with his boss through many of these holdings and enjoyed the welcome of farmers and their families, and appreciated their salutations, hand to heart and then to lips, with a bow of acknowledgement and thanks. The tiny elevation of mood proved to be short lived. Ghazali could see that Hussein had retreated into himself once more as they flashed past the palm oil holdings.

Hussein looked wistfully at the pa.s.sing scenery. "Was it worth all the personal losses I have suffered? Was it worth my loss of An Mei?" he asked himself. "I would never have given her up if I had known she was pregnant." He recalled the intimacy between Mark and An Mei, how they held hands as they walked towards the house. His bitterness grew like bile. He looked up at Ghazali, more a confidante and friend than a personal a.s.sistant.

"I want my child back. Would you look into the matter for me? Make an appointment with my lawyer."

"May I say something?"

"Of course!"

"Are you sure, the child is yours?"

"How can he not be? Who else then could be the father? He looks like me; he is about four, which makes the timing about right. He certainly is not a white, an orang putih! Are you telling me that An Mei, Noraidin, had an affair while married to me?" He grew angry, even as he contemplated the possibility.

Ghazali smiled, "No! Nothing of the sort. Just that an old bachelor like myself cannot see a likeness. I cannot tell one baby from another; the boy Tim is not particularly pale, but I have seen Europeans who are also of that colouring. And I just wonder whether at this point in your career it is worth the inevitable acrimony. It is bound to create a lot of unwanted publicity and allow the opposition to make hay from the situation. Unless, of course, you are absolutely sure he is your son."

"To h.e.l.l with it. I spend half my time now thinking about what people might say."

"Yes, I agree, even so, are you absolutely sure? How did she hide her pregnancy from you? Remember! You divorced her. Within months of marrying An Mei, I mean, Puan Noraidin, you married Tengku Shalimar! Won't people's sympathy swing towards her? Your divorce did not make the headlines only because Puan Noraidin conceded without a challenge and left the country. If you take her to court now, it would all be raked up. In the four years since then women's groups have been making themselves heard."

Ghazali had seen how the recent affair had affected Hussein and he did not want to see him hurt. He felt it would be better for his boss to start afresh rather than risk everything they had built in pursuit of a child, whose paternity, in his eyes, had yet to be proven.

"Then find out how I can prove parenthood. I don't want them to flee the country. I would like them subpoenaed. Now! I would like them extradited to Malaysia and I want the matter settled in a Shariah court because it falls under family matters."

"On what grounds? You can accuse and take them to court but you have to prove parenthood to win. It is a very complex case. She is not a Malaysian any more. I checked when I went to the immigration department to find out about her entry into Singapore and her whereabouts. There will be an element of international law that is bound to make it even messier."

"Then do it fast while she is in Singapore. Singapore is bound by agreement as a commonwealth country to extradite her to us."

"This is not a straight forward case. If it is not a criminal case, are they still bound to extradite to us? Are you sure that the matter would fall under family law, if the family unit, you and her, no longer exists."

"Then find out!"

Hussein turned away and stared out of the window. All of a sudden, he was less sure of his chances. He began to feel the strain. The muscle in his neck twitched. He felt a dull pain spreading in his brain. He reached into his pocket and drew out a packet of pills. He picked two out from a blister and popped them into his mouth. He laid his head back and closed his eye, waiting for the ache to go. An incredible sense of sadness enfolded him.

The drawing room was huge with tall windows stretching from floor to ceiling on one wall. Outside a tropical storm raged. Big drops of rain pelted down, hitting the windowpane. Trees bent under the force of the wind, their branches whipping in frenzy like coiled springs catapulting back and forth.

Rahim stood facing the window. He had both hands behind his back; one held the other wrist. He was deep in thought, going over and over again what he had heard from Ghazali. He had not bothered to turn on the lights. The room, filled with ornaments and artefacts collected from their travels, was cast in almost total darkness by the storm. He s.h.i.+fted his weight from one foot to the other, undecided what to do. Faridah had gone to her bedroom, upset by Hussein's failure to bring home her grandson. She had waited impatiently for their return and when Hussein arrived empty-handed she had burst into tears. Hussein had left immediately, unwilling to speak any more. He had professed his intention to take An Mei back before he went to Singapore. Now he had returned home to inform his parents that not only had she rejected his offer but she was also married to another.

Rahim turned away from the window and walked to an armchair. He sat down, his body heavy with care. He too would have wished for a grandson, although he agreed with Ghazali that it would be better for Hussein to start afresh with someone new. He also knew that he could not influence his son like in the past. Hussein was now a man, a successful politician in his own right. He could only counsel him and even then he had to tread very carefully.

Chapter 46.

Mark turned into the makes.h.i.+ft car park, a patch of rough ground that still had the scattered remnants of rubble from buildings that had just been pulled down. A rush of dust bloomed. It filled the air and covered the bonnet of the car.

A young man came over. He was neatly dressed in a white s.h.i.+rt and dark khaki trousers. A money pouch was slung over his shoulder and hung at his waist. He tapped on the window and pointed to a crudely improvised sign at the entrance. It had a list of parking fees.

"Goodness! Is that how it is done in Singapore? I thought there would be parking meters," said Mark, as he was about to open the door.

"Wait! Let the air settle," said An Mei putting out her hand to stop Mark. "This is a temporary car park. The owner must be trying to earn some money before building begins," she felt obliged to explain. "Look around you. Only the shop houses in that street to the right of us are intact. Soon this car park will be transformed into a multi-storey complex."

Mark turned. To the left of them, between the gaps in the fence, painted a bright green, he could see the facade of a row of shop houses. Nothing of their structure remained to the rear of them. Like a film set, they stood almost comical in their completeness in front, down to details of the name of the shops and the date when they were built. Everything was neat and orderly.

"The whole area is going to be re-built and improved, but to retain the character and history of the place, the facade of the houses will be kept. Come! The dust has settled. Two hours should be sufficient. Let's pay him. We go to the right." An Mei was in a hurry and anxious to get to their destination. She felt energised, more in control now that they were at least going to see a lawyer.

They set off with An Mei leading the way. After the air-conditioned car, the heat was oppressive. She pointed to a signboard on the upper floor of a two-storey shop house. It was one of many terraced shop houses on the street. The ground floors consisted mainly of shops while the upper floors were either living quarters attached to the shops below or offices. A covered way linked the shop houses offering protection for pedestrians from both rain and sun. Grasping Mark's hand, An Mei crossed the road and hurried towards the shaded pa.s.sage.

Mark could not help looking around him, temporarily distracted by the newness and quaintness of everything he could see. The old and the new, juxtaposed to form a seamless area of contrasting buildings with the people weaving in and out of the streets as the main connecting force. They stopped in front of a coffee shop. It was old and painted rose pink. A sign read "Kopitiam". He peered into its dark deep interior. He could see an inviting courtyard within, lit by a shaft light from the sky above. An Mei shook her head. "No time," she said, pointing instead to a narrow cement stairway to the side of the coffee shop. It had a wooden door, thrown wide open, and over it was another sign. It read, Tay Solicitors.

"Are you sure?" he asked looking dubiously at the bare steps.

"Yes! Not all solicitors have big offices although most have moved to more modern accommodation. You probably won't find this in years to come. Still it is the address that Kam gave us. I called to confirm it and make an appointment. Don't worry. I am sure Kam would not have referred us to this lawyer if he were not good at his job. I have been to worse-looking offices," she said reflecting on her visit to Mr. Tan in Kuala Lumpur. Immediately, a frown crossed her face. She had gone to Mr. Tan's office to find a way of keeping her unborn child. She was now in yet another office to fight for him. "Come!" She set off up the stairs. Her shoes clacked loudly on the bare cement. Mark followed.

There was little formality. A young woman, neat in a dark skirt and white blouse, smiled and showed them to a small waiting room. A Van Gogh print hung on one wall; its vase of yellow sunflowers looked benignly over synthetic leather armchairs, blue, beige and black, arranged alongside the opposite wall. Pushed into one corner was a table piled high with magazines and newspapers.

"Please wait," she said and pattered off, only to return almost immediately.

"Please come this way," she said indicating another room to the top left-hand side of the stairway, "Mr. Tay is waiting for you."

Mr. Tay was in his late thirties, earnest and bespectacled. His jet-black hair was parted to the side and combed to the back, accentuating his clean-shaven and pale face. He stood up briefly, shook their hands and invited them to be seated.

"What can I do for you?" he asked, sitting forward and clasping his hands together, his elbows rested on the desk. He looked ready to spring. Behind him shelves lined the wall from floor to ceiling. Books, leather bound in black, red, deep blue, packed the shelves.

They explained, haltingly at first and then more animatedly, the kidnap, their situation, Hussein's threat and their fears. An Mei began and Mark joined in, sometimes elaborating on a point, sometimes asking a question. Mr. Tay listened and jotted down notes. A concentrated frown appeared on his forehead. He interrupted to clarify a point and then bent over to scribble. At times, he would seem to have a sudden thought; his eyes would widen behind his spectacles and he would swivel his chair to look at the volumes of law books on the shelves, only to turn back to his desk and to scribble again. "Needs checking! Continue," he would mutter, putting asterisks next to his notes.

At last they finished. An Mei looked exhausted. Mark who had had little sleep the previous night, looked longingly at the cup of coffee that had been placed in front of him earlier. It had gone cold, yet in his thirst, its milky brown still looked inviting. "May I?" he asked taking the cup from its saucer and drinking its contents in one go, the sweetness taking him by surprise. He wondered how much longer he could retain his English reserve; he felt at times it would be better to throw in his lot with the very emotional Asians. The so-called inscrutable Chinese who nevertheless seemed willing to lay bare their souls for all to see. At least they enjoyed some relief. They waited for Mr. Tay to speak.

Mr. Tay took his time. He flicked through some pages of the notes before him, absent-mindedly. His eyes were unseeing; he just needed something to occupy his hands. He was deep in thought over what they had told him. Finally, looking up, he asked, "What do you want out of all this?"

They look at each other and answered almost in unison. "We want to protect Tim, our son. We don't want to lose him."

"Sorry, but I have to ask this. Is Hussein the biological father?"

An Mei hesitated. Once again, she found herself wondering how much respect would be given to client confidentiality. She had been told before that a breach of confidentiality is highly unlikely but she still had a problem trusting the lawyer. If she told Tay the truth, would he be bound to reveal it? Would it reduce his inclination to defend them? She was in a dilemma. She clutched Mark's hand.

"How easy is it to prove parenthood?" interrupted Mark.

"I had a recent case. My client had an affair with a wealthy businessman. She became pregnant with his child. She took him to court. The man denied the child was his. The lady had the blood of the child matched to the man to prove that he was the father. But the case was not conclusive."

"Why?"

"Well, the man contested it. You see, if the blood does not match, you can prove conclusively that he is not the father. However, if the blood matches, as in that particular case, you can only prove he could have been the father."

"So it is not possible to prove conclusively if the blood matches," repeated Mark. His heart leapt at this piece of news.

"This is what makes it such a fascinating case. Scientists have made vast inroads into the matter of paternity testing. You not only need to match the blood type, you also need to match the tissue. Scientists have discovered a protein - human leukocyte antigen or HLA - prevalent in human cells, especially white blood cells, though not in red blood cells. If you can match this and the blood type, then you can have a 90 per cent chance of proving biological relations.h.i.+p."

"Then why hasn't your client done this?"

"Well, it is a relatively new method, especially in this country. It requires very large blood samples that might prove dangerous for infants. So the mother hasn't pursued it. I am told, however, that work is underway now that would make HLA testing a thing of the past. It's called DNA testing and from what I hear, it will be almost 100 per cent conclusive. So it may well be best for her to bide her time."

Tay leaned back in his chair. He wondered at Mark's fascination and interest of how paternity could be proved. His eyes wandered to An Mei and he saw how agitated she had become since he asked her if Hussein was the father. He surmised that Hussein was probably the father. Detective Kam had called to tell him that he was sending over two people who were desperate for help and that the lady in particular had had a terrible experience in her previous marriage. Mr Tay wanted to help them but they seemed to be holding back from him. He waited patiently. The minutes ticked by; Tay looked at his watch and asked again, "Who is Tim's biological father? Is it Hussein?"

An Mei looked desperately at Mark. Mark had been elated when Tay said that blood testing was not conclusive. His hopes were dashed immediately, however, with the mention of HLA and, worst still, the future possibility of a foolproof way of establis.h.i.+ng paternity using DNA. It could only be a matter of time before Hussein would stake his claim on Tim, even if they managed to avert it now.

"Can my wife and I have a word in private?" Mark asked.

Tay nodded, "Of course! But please note that I am not here to judge. If you would like me to act for you, then I will do so to the best of my ability. But I have to know the full story in order to advise you on the best options available. I think sir," he said looking at Mark, "that you know you cannot evade the truth. It will come out sooner or later."

Mark glanced at An Mei. "What we would like to know is whether we are free to leave Singapore."

"It depends on the police. They might wish you to take the witness stand when the kidnap trial begins, but, unless they have specific objections, you should be free to leave. It is unlikely that the case will begin immediately, especially, if, as I understand it, not everyone has been caught. However, the Court might ask you to return in the future for the trial of the kidnapper."

"Are we obliged to return?"

"Normally, a parent would wish to see the kidnapper punished and, therefore, would return. But note that a court's order to a witness to attend is valid only in the country concerned, in this case, Singapore. If a witness were to live abroad, then he or she would be ent.i.tled to refuse to come in person to attend court. The witness could opt to give evidence and be cross-examined remotely. So a court in Singapore would not have jurisdiction to order an overseas witness to return here."

"What about Hussein's threat to take legal action against us? Can he subpoena us and could we be extradited to Malaysia? We would rather have any legal action settled in a country where we are more familiar with the legal system."

"Ahhh! You use the word extradition. An extradition order can be issued only in criminal cases. And if we are talking about a criminal case, it really depends on where you are located. If you are a resident in Singapore and, say, the gentleman in question is in Malaysia and he subpoenas you, then Singapore as a member of the Commonwealth is obliged by treaty to extradite you to Malaysia. I would imagine, and I would have to check this, the same would apply if you were in the UK."

"What if we reside in a country without such an agreement with Malaysia?"

"Could you be more specific?"

"Say, Italy. We both live and work in Italy."

"Italy does not have such an agreement with Malaysia. So it is not legally bound to surrender an accused to Malaysia."

Tay looked at the couple before him. He wondered if they were asking him the right questions; they seemed not on track with the real issues at hand. Both of them looked so desperate. He leaned forward and said, "Let me qualify this. You asked me about extradition. And I have answered accordingly. Extradition law is extremely complex and has to be taken almost on a case-by-case basis although some general rules apply. Are we, however, talking about a crime? There is no question of extradition being applied in civil matters."

An Mei had said little. Her head was reeling. Every answer Mr. Tay gave seemed to open up ever more avenues to the unknown. Was her deed, concealing from Hussein that she was pregnant with Tim when he divorced her, a criminal act? She had so many questions, yet each of these would reveal her situation a bit more and she couldn't bring herself to tell all. She felt, knew, even, that Tay must have reached a conclusion as to who the father was but still she held back on the answer. I have not confirmed it, she thought, and hence it would remain a suspicion rather than a certainty. She did not know whether confessing would help or undo her case. She was still not sure how far a lawyer would or could protect his client's confidentiality despite all their a.s.surances. Could she deny that Hussein was the father if she were put on the stand, if she had confessed to Tay? Would it mean that Tay would be forced to abet in her perjury? She felt the thump of her heart; it was beating so violently she felt sure the palpitations must be noticeable.

She recalled the decision she had made in Mr Tan's office in Malaysia many years ago. She was not prepared to take the risk of telling the truth to a solicitor then; she felt the same now. She could not breathe. The fear of losing Tim overwhelmed her. She clamped her bloodless lips tightly together and looked to Mark for help.

Mark seeing her suffering turned to Tay, "Please would you excuse us? My wife is not feeling well. We will come back to you and make another appointment."

"Of course. As you please."

They stood up, awkward and embarra.s.sed to abandon a consultation that they themselves had requested. Mark put out his hand and Mr. Tay shook it. He then took An Mei's outstretched hand and shook it. Her hands felt small and cold. Tay held on to her hand and placed his other over it.

"Mam," he asked, "are you sure you wish to go? Would you please stay for a little while and let me explain some matters to you."

An Mei felt as though her knees would give way. Mark put his arms around her. "Shall we sit down and hear what Mr. Tay has to say?"

"Please, Mrs Hayes," said Tay.

They sat down, she reluctantly and he expectantly.

"You said that Hussein has threatened to take legal action against you to retrieve Tim who he alleges is his son. Such a matter is a family issue and hence falls under family law. As Hussein is a Muslim, if the case were to be heard in Malaysia, it would most likely to be presided over in a Shariah court. You might be right that if you were to contest the case in a Shariah court, the ruling could favour Hussein and, if it were proven that he is the biological father, he might gain custody of the child. In a Shariah court, custody is normally awarded to the person best able to bring up the child as a Muslim."

"That is preposterous!" exclaimed Mark.

"Not really. It is not uncommon for each nation to have its own peculiar bias when it comes to awarding custody. In the UK, the bias is towards the woman. In Germany, it is towards their own nationals. So if an Englishwoman were to marry a German man, then a German court would award custody to the man whereas an English court would probably favour the woman. So you can understand that in Shariah law, the bias is in favour of the Muslim."

Tay paused to let his word sink in. "But," he said with a resounding voice, "but" he repeated for emphasis, he hit his palm with the ruler with a flourish, "if a Malaysian civil court issues an order against you, it has only jurisdiction in Malaysia. You are not obliged to come to court in Malaysia to contest it, even if he attempts to summon your return."

"So it is of utmost importance that we do not enter Malaysia," said An Mei.