Dear Murderer (2017) s01e02 Episode Script
I Spy
1 [DRAMATIC MUSIC PLAYS.]
Paging Mike Bungay, lawyer.
We're still getting married.
In 20 minutes.
[CHEERING.]
Cold dinners.
It's a cold bed.
It's Trish Walkley.
You tell me about her, Mike.
Huh? Aah! GREIG: But you can't keep sleeping around and have a decent marriage.
And you can't keep thumbing your nose at everyone and have a decent career.
There are those in favor of putting a stop to his excesses.
I've just been handed a very tricky, very high profile case.
Bill Sutch? I join the ranks of the Gray.
There's never been a spy trial in New Zealand before.
Roll up, roll up.
All the fun of the fair.
[DRAMATIC MUSIC PLAYS.]
[INDISTINCT CONVERSATIONS.]
GREIG: He doesn't much look like a spy.
Mm.
No.
Could be a problem.
Mind you, if you are a spy, you're not supposed to look like a spy, are you? I mean, that's the whole point.
We could always dress him up in a fedora and sunglasses for the trial.
[CHUCKLES.]
Oh, Ian, I'm joking.
I promise to behave.
I have been behaving, haven't I? Impeccably.
Look, I'm so bloody impeccable, I'm boring myself to death.
What's he want? - How are you? - Well.
Mike, this is Mike? This is Bruce.
Peterson.
Pleasure.
Is it? We'll see.
Bruce is going to be coming on board with us.
Young blood.
I think we'll find him very useful.
Not just for this one when it goes to trial.
If it goes to trial.
- SUTCH: If? - GREIG: Espionage.
The attorney-general has to approve the case going forward.
We'll start by trying to preempt that approval.
Bill's already started on a letter to Finlay.
Good, Shirley.
Run it by us.
I'll stall for a few days, buy us some time.
Go through the statement and the Crown's evidence, pull together some of our own.
Um, character witnesses and so on.
Can you make a list of potentials? Great.
Get young Bruce here to vet them.
- See if he shapes up.
- Good idea.
BUNGAY: While we look into the allegations.
Given their questions at interview, it sounds like they never actually saw you meet with Razgovorov when they picked you up on the 26th.
Not that night, no, but, um but others.
I've been incredibly stupid, I'm afraid.
No.
Excellent.
It could be useful.
I mean, stupidity, after all, isn't a crime.
And the charge, as determined by the Act, well, it's so open-ended, it's stupid.
Mm.
Now, "Between the 13th of April and September 26, 1974, Wellington, for a purpose prejudicial to the safety or interests of the State" excuse me for reading this "information which is calculated to be or might be or is intended to be directly or indirectly useful to an enemy.
" I mean, it's bloody rubbish.
GREIG: 25-year-old act all but copied from the British one.
Mike's right.
It's nonsense.
Martyn Finlay's already concerned about its usefulness.
Perhaps Savage is driving this whole thing.
Solicitor-General Savage isn't my biggest fan, which means he'll be setting out with a burr already under his saddle.
Anyway, let's see what Finlay says.
Before any of us realize, it might all be over.
That's what I said.
It's over.
[SIGHS.]
Look, there are legal hoops you have to jump through.
You can't just announce, "It's over.
" We are married.
You really think we can call it that? [LIQUID POURS, BOTTLE THUDS.]
Look, Bev.
I'll I'll be better, okay? I'll try harder.
I'll be impeccable.
[GLASS THUDS.]
Come on, Mike.
You can't even spell that.
[CHUCKLES.]
No, you're right.
I can't.
I'm sorry, Bev.
Um, queen to QB2.
Check.
Perhaps you can deal with that.
Like Rome burning, eh? Playing chess while young Bruce and Ian plug away at the Sutch thing.
How will I be able to take all the credit for all the work? You do plenty of work.
Yeah, I do plenty of everything, don't I? You can't help yourself, can you? If anything, you've gotten worse since they clipped your wings in court.
But you seem to have spread them elsewhere.
Hmm? Submission is not your strong suit.
I cop the brunt of your frustrations! Check! It's hard, Bev.
Okay? It's, like, very hard.
Oh, crap! Crap! I am the one that it's hard for! Being Mrs.
Bungay? It's a small town.
Your peccadillos, they don't go unnoticed.
Can't spell that, either.
No, just have them, can't spell them? I meant "unnoticed.
" Well, that I do agree with.
I hate other people thinking that I don't know.
Other women, especially.
They must think that I am so stupid.
And, well, I am bloody well not.
- No.
- No! No! Trish isn't a peccadillo.
- Fuck! - [GLASS SHATTERS.]
- Fuck.
- Fuck! It's the double letters that throw you.
Two N's in "unnoticed.
" Two C's in "impeccable" and "peccadillo.
" - [DOOR CLOSES.]
- Shit.
[TELEPHONE RINGING.]
Shit! Bungay.
Oh, you took your time.
Even lawyers sleep, Esther.
And unlike other sharks, we can't keep moving while we sleep.
I said the morning.
It's morning.
I'm here.
You got a smoke? Smoking's bad for you.
[LIGHTER CLICKS.]
They're charging me with murder.
Yeah, so I gather.
Along with - James Hemi Hukanui - Jimmy's my brother.
And Paul Manihera? - Boyfriend.
- BUNGAY: Lovely.
How long? ESTHER: A bit.
My kid's not his.
I've got a kid, you know.
I can't be in here! Well, I'll see what I can do.
But I don't think you have a lot of choice as far as that goes.
Your brother and your boyfriend haven't denied anything, including your presence.
So? I didn't do nothing.
I was there, that's all.
Well, according to your brother and your boyfriend, you were the honey in the pot.
You lured that young man to the river.
And if that's true, well, they can charge all three of you with murder.
- Murder? - By association, yeah.
Common purpose.
No, I know all about common purpose, Mike.
We're supposed to have one ourselves! We've got the biggest trial in New Zealand legal history - on our plates.
- Yeah, I know, I know.
Oh, these bloody shoes are killing me.
Bruno's chewed them out of shape.
You can't take on a murder trial.
Look, it's a perfect stalling tactic.
Besides, I was requested.
And you know as well as I do, it'll be a week until there's a response from the AG, before we even know there's going to be a trial.
Plus, it gives young Bruce here a chance to get off his bum and identify some useful character witnesses.
I'm already sorting through some.
Excellent.
Good for you.
And? Some good ones already.
All happy to say Sutch is honest, loyal, trustworthy.
'Course they are.
Except what we're going for here is more of a character assassination.
- Okay? - Um Mike.
Look, what we want to do is paint the picture of a boring, unimaginative civil servant at the end of his career, sitting on a cushy job in the Arts Council.
Why and how the fuck he even wants to play James Bond games? Got it? Boring.
Unimaginative.
Got it.
Great.
Now, I need to go and chat to a couple of interesting young gentlemen in jail.
No, you don't.
Handball it on! Too late now.
[SIGHS.]
Hey, George.
Mike.
BUNGAY: Well, you don't get brownie points for bullshit.
Blaming your sister's boyfriend isn't going to make much difference.
You both admitted to the killing.
'Cause the copper said we'll be better off.
Yeah, well, you'll be better off than Mr.
Harkin, whichever way you cut it.
JIMMY: Who? The young fella you killed, Jimmy.
Mark Norman Harkin.
And honestly? I'm not interested in your degree of culpability, other than how it affects your sister.
Remember her name? Esther.
The one who's pleading not guilty? So my task, Jimmy, is to find out what was going on in your heads that night, which is why I need to know, without all this bullshit, what happened.
You think we can do that? - [INDISTINCT CONVERSATIONS.]
- We can do it.
Nah, let's just piss off home.
We don't even got money to buy another beer.
That's what I'm sayin'.
He does.
He paid for their last round.
So what we supposed to do, hang about thirsty till he decides to go for a piss or something? I'm hungry.
And I saw him eyeing me up before.
LARSEN: Well, she's not an unattractive young woman.
Easy, Jim.
Can't have the Crown ogling the accused.
Leave that to us dissolute defenders.
I meant it's entirely believable she enticed him to the river.
Which is a few minutes' walk away.
So premeditation? Oh, come on, Jim.
Cards on the table.
We don't have to dance around each other.
LARSEN: Oh, I thought you liked a bit of a dance? You okay? How are depositions going? Unh-unh.
No.
I won't be deflected.
Solvoll.
Premeditation, common purpose.
Right? They conspired with malice aforethought to lure him from the pub.
With the intent on killing him, though, hmm? That's the question.
So what are you going to do? Easy.
I'll get him out of here, and you roll him.
Okay.
If he tries to cop a feel, I'll do more than take his fuckin' money.
So, if he's been eyeballin' Est, he's had a good look at us, as well, bro.
So, he's been eyeballin' her, eh? I'll fuckin' kill him.
I'll cut his fuckin' throat with these.
According to her, robbery was the go.
The only unlikely threat that was made was to cut his throat with spurs.
- Yes.
- And they didn't do that.
It was an empty threat.
It was a threat made with murderous intent.
And a man was murdered.
Yeah, but did she expect it to happen? That's the guts of it.
I'm starving.
I reckon I can get him to get me a burger.
Fuck off! Hi.
It's okay.
It's my brothers, arguing again.
Boring.
You got a smoke, or you gonna buy me a burger? A burger, a cigarette, and a robbery.
HARKIN: Well, hang on, hang on? So where's this party? ESTHER: Tirangi Road, but it won't be jumpin' yet.
LARSEN: There was no party.
This was part of an orchestrated plan.
A plan to rob Mr.
Harkin, not kill him.
So, uh, what do we do in the meantime? Any ideas? Ah, nice buns.
And I don't mean the burger, eh.
I'll take that smoke now.
We can go under there if you like.
You can check out the patties, as well.
Ohh.
Oh, nice.
They feel good.
How do they taste? Is that lighter in here? Ooh, it is.
And something else.
Let's go deal to that.
Party started early, asshole.
LARSEN: This was a brutal attack, a planned attack.
And there can be little argument as to the fundamental facts.
But the question for you, the jury, is what conclusions can be drawn as to Esther Solvoll's intention at the time on the basis of what she did, what was said, and what followed.
PAUL: Fuck! Shit! The pathologist has stated Mr.
Harkin died of drowning.
Not from a beating.
Not from having his throat cut by spurs, which is the only potential element of physical violence that Esther Solvoll has admitted being aware of.
Neither of these.
She expected Mr.
Harkin only to be robbed, not killed.
This may seem like a legal nicety to you, but it does, in fact, speak to the whole question of common purpose.
Now, my learned friend has spoken to you about the importance of what the accused was thinking.
And I'm sure you must be contemplating the difficulty of that task.
May I suggest that you also contemplate the difficulty that Esther Solvoll had in discerning the actual intentions of Mark Norman Harkin's killers.
JIMMY: You got his dough? Fuck! Shit.
18 bucks and fuckin' change.
Yeah.
He got me a burger, eh? PAUL: Fuckin' cheapskate.
I should've cut his throat.
Crap watch, as well.
Yeah, yeah.
[WATER SPLASHES.]
[GRUNTS.]
Oh, well.
Still time for a beer, at least.
His shout, eh? LARSEN: This was a premeditated and cold-blooded killing.
And Esther Solvoll was party to it, and, as such, you must find her guilty of murder.
The only legally supported verdict is not guilty.
- [SIGHS.]
- [LIQUID POURS.]
Two hours.
Good or a bad sign? LARSEN: For whom? You okay, Mike? Personal stuff.
I have a lot of personal stuff, Jim.
I manufacture it just to keep myself busy.
Bev? Sorry I'm late again.
Bev? [LIGHT SWITCH CLICKS.]
Hi, Bruno.
Uh, things have come to a head at home.
And more professionally.
Depositions in the Sutch case not going to plan? Oh, they're going perfectly to plan, I think.
Savage's plan.
I mean, going to trial was a foregone conclusion, given all the publicity.
And refusal to go to trial would have been a political disaster for the attorney-general.
Status of the SIS, national security, you know.
I mean, he's been pretty much hamstrung, really.
Mr.
Bungay.
Your Honor.
OLDFIELD: I have to say, it's been a pleasure this last while to see your behavior in court so improved, both with regard to appearance and tone.
A sense of some respect, even.
Thank you, Your Honor.
OLDFIELD: It would be appreciated, however, if you could extend your newly discovered good manners to the rest of the building, as well.
This is a robing room, not the back bar at De Bretts.
That is an 1860s Biedermeier table.
It has supported the weighty briefs of the likes of Robert Stout and William Downie Stewart Jr.
Kindly take your feet off it.
Thank you.
Mr.
Larsen.
I copied the Sutch statements like you asked.
And the jury's in.
JUDGE: In the matter of the Crown versus Esther Te Aranganui Solvoll, have you reached a verdict? ESTHER: I got a kid! - I didn't do nothing! - Sit down.
ESTHER: I didn't kill the bastard! I didn't do nothing! WOMAN: Sit down.
Please, sit down! [BUNGAY BREATHING HEAVILY.]
Sorry.
No, really.
It's fine.
I'm fine.
Any particular demons we're trying to chase away tonight? You feel heavier when you're unhappy.
Oh! I'm sorry.
TRISH: You lost.
Today? Yeah, I did.
TRISH: Is that what this is about? - Losing? - TRISH: Mm.
No, it's just something that happens, you know.
The system, the process making its choice, just like they did.
$18.
40 and a shitty little watch.
That's what they killed him for.
What a pointless bloody choice to make, to kill him for that.
And me, you know.
I make so many bad choices, Trish.
So many.
Like us? Are we a bad choice? No.
No.
I meant professionally, you know.
You end up dancing with devils.
And you wonder sometimes why you even go to the ball.
The curse of a good heart, Mike.
Yeah, that and being too clever a dancer.
[BOTH CHUCKLE.]
Need to get home? Feed Bruno.
Although he's become quite adept at feeding himself lately.
Maybe should just stay here instead, huh? Yes.
And I should've told you, but I haven't seen you.
Bev left.
She's putting in for a divorce.
Ah.
And she's okay? Not too acrimonious? I don't think even she can spell that.
Something she said.
So now what? This is supposed to change things for us? Make it somewhat easier, what, less sordid? This has never been sordid, Trish.
That's a matter of perspective, I suppose.
Like the shoes.
[VEHICLE APPROACHES.]
[GEARSHIFT CLICKS, ENGINE TURNS OFF.]
GREIG: Mike.
- There you are.
- I am.
[CAR DOOR CLOSES.]
Bruno's just been passing comment on my day.
Mind the shit.
Check your answering machine? Why would I do that, Ian? It might have a message on it.
GREIG: It has.
Several.
We're working over.
There are statements from the Russian ambassador and the press attaché to get through.
Plus Bill's diaries, finally.
I got young Bruce to copy statements for me.
I'm reading them tonight.
Oh, well The diaries are a bit of an awkward development.
It's got notes in it about his meetings with Razgovorov.
Really? That's good.
Good? It confirms the meetings took place.
You been drinking? Well, the SIS are going to be insistent on those meetings, anyway.
And the fact that Sutch noted them down works for us, right? I mean, spies don't make diary entries about secret assignations.
Come on, Bruno.
- Come on.
- [DOOR CLOSES.]
Here you go.
[KEYS CLATTER.]
I do the dishes every three days as a meditation.
So I still have clean glasses.
And, yes, I have had a wee stroll with Johnnie.
- You promised not to drink.
- BUNGAY: No.
I think I promised not to get drunk.
There is a difference.
Where's Bev? BUNGAY: In a happier place.
It's all right.
Didn't murder her.
She left before she murdered me.
Cheers.
Jesus, Mike.
When did she leave? One day.
When I was at work.
To avoid a scene, I imagine.
Lawyers will profit, no doubt.
Well, I'm I'm sorry.
- I'm - [LIGHTER CLICKS.]
I'm really sorry.
What? You didn't take the case, did you? I'm joking.
It's probably for the best.
Look, um, are you sure you're going to be able to give this what it needs? I mean A few more of these to dull the senses, I'll be sharp as a tack.
GREIG: Bloody hell, Mike! We're committed to this case now.
You can't just go swanning about BUNGAY: I'm fine! I'm not drinking because Bev left.
I'm not drinking 'cause I lost in court.
This time, I think it's because I took the case.
You know, it was completely without consequence, Ian, to to her, you know.
When I finished closing, she winked at me.
Made me feel complicit.
It's all in here.
Printed, filed.
Exhibit one in defense of the prosecution.
You want another? I'm in a rock-'n'-roll dream [SIREN WAILING.]
You know what I mean I've got the pedal to the metal I've got a full head of steam Shit.
[DOG BARKS.]
It's all right, Bruno.
Sorry I'm late.
Bruno got pulled over.
We're going to trial? It would appear so, yes.
To court, at least, which is why we need to discuss strategies.
Ian tells us you won't be making an opening statement, Michael? Is that wise? BUNGAY: Oh, I think so.
If we open, it just signals that we accept there's a case to be answered, and we don't accept that.
So, when the Crown's done, I'm going to go for dismissal under 347.
What's 347? It's really about not wasting the court's time.
I thank my learned friend, the solicitor-general, for his eloquent opening statement.
We shall not be making an opening statement of our own, but rather, having thoroughly examined the evidence, or, indeed, the lack of evidence, and having come to the conclusion that there are no reasonable grounds for believing on the basis of provable facts and a reasonably arguable view of the law that the Crown's claims have any reasonable prospect of success, we seek to have all the charges dismissed under Section 347 of the Act.
Thank you, Mr.
Bungay.
Case dismissed.
And if that doesn't fly, then we call our witnesses and go to trial.
And if it is denied, how will I plead? Well, that's a silly question.
Not guilty.
- Not guilty.
- Of course.
Um, uh, I made a list of some more character witnesses.
The ones you've suggested, Michael, aren't exactly the strongest candidates.
You don't think so? We'll give these others our careful consideration.
Bruce? I was just wondering, um, it might be a nice time to get some coffees all 'round.
Uh, and then do please come and sit in.
- Thanks, Ian.
- Oh.
Could you make mine black and strong, please? And if you wouldn't mind just checking on Bruno in the car.
Now, Ian, you want to discuss the search of the properties.
At home and at work? BEATTIE: The attorney-general has given his consent for this matter to proceed to trial, and in doing so, he chose to make a public statement explaining his reasons.
If any of you retain any recollection of what he said, I ask you to put that public statement right out of your mind.
His reasons have no bearing on this trial.
[CAMERA SHUTTER CLICKING.]
They published Beattie's instructions to the jury, I see.
Yep.
The press is certainly not ignoring us.
Ah, but the jury must ignore the press.
Insofar as that's possible.
After you.
Don't wheel that in yet.
Wait out here till I've gone for dismissal.
It's for the case.
There's not much point me saying there's no case to answer with a bloody great pile of files sitting next to me, is there? BEATTIE: Even when this charge was first laid, there were extensive reports in the news services which you would have seen or heard.
And you are further instructed to take no note of any other government minister or commentator or any news report relating to the case.
[BUNGAY SPEAKING INDISTINCTLY.]
we seek to have all the charges dismissed under Section 347 of the Act.
Thank you, Mr.
Bungay.
I, too, have thoroughly examined the evidence.
Your request is noted but denied.
Now, shall we proceed? Well, it was worth a shot.
So, we proceed to trial, as expected.
We do.
Despite the lack of evidence.
It's the quality of evidence I question, Richard.
The quantity's irrelevant if it's inconsequential.
I'm sure its significance will become readily apparent to the jury and, eventually, to you, too, Bungay.
Oh, we'll see.
We will.
[BRIEFCASE THUDS, LATCHES OPEN.]
Careful, Mr.
Solicitor-General.
That is a Biedermeier table.
[CHUCKLES.]
No, he went a kind of purple color.
Got under his skin, did you? A small victory.
I needed one after openings.
Hm? Didn't go well? Well Wasn't the outcome we wanted.
It was the outcome we expected.
Didn't blow up in my face, but Oh.
They all just love watching me rein myself in.
It's not my style, Trish, you know.
- It's all a pretense.
- Well, stop pretending.
Just let go of the reins.
Yeah, right, for the biggest trial of my career? Why not? Didn't Ian say they wanted a ringmaster? Just be your unrestrained, outrageous self.
Like you are in other areas.
Hey, do you still know that Katrina woman? What? What Katrina woman? The one who owns the shop in Manners Street.
Do you think she'd open up for me in an emergency? Come on.
- [LAUGHS.]
You - Come on.
[CHUCKLES.]
What do you think? Bruno, chew.
Shall we break 'em in? [LAUGHS.]
Oh.
[THUDDING.]
BEATTIE: On the application of Mr.
Savage, there will be no photographs taken and no sketches made during the hearing.
Names of members of the Security Intelligence Service will be identified only by letters or symbols.
SAVAGE: It should not be imagined that New Zealand is so universally loved that it has no possible or potential enemies.
BUNGAY: So, what is an enemy? What is a potential enemy? SAVAGE: It is of the greatest importance that any enemy New Zealand may have should not be able to obtain information prejudicial to the safety and interests of the state.
BUNGAY: But what information are we talking about? We don't know.
We're being asked to speculate about what it is or might have been.
We don't even know if such information, even if it did exist, was passed on.
SAVAGE: But Dr.
Sutch's guilt, under the Act, does not have to hinge upon the actual passing on of information.
BUNGAY: We don't even know if there is a charge to answer.
After you, Mr.
Solicitor-General.
Take it in? Roll up, roll up.
MAN: All stand! This witness is designated "Mr.
S.
" - For "Spy.
" - [CHUCKLES.]
I'm not a spy! And they can't prove that you are.
Two non-meetings, three casual chats, and one unobserved meeting the night you were arrested? It's Mad magazine stuff.
In fact, events of the evening of the 26th of September were so confused that you can't even confirm any information changed hands.
Can you? Well, the exchange wasn't actually seen, no.
No, not by you or by the other 11 police and SIS operatives assigned to the so-called surveillance? Shit! No.
And it wasn't so-called surveillance.
- Wellington CIB.
- What's this? So, tell me, Mr.
S, what was the nature of this information? Where is it? I mean, did the subsequent police and SIS search of Mr.
Sutch's home reveal anything? No, it didn't.
You let them into your office, too, didn't you? And they didn't find anything there, either.
Nothing the Russians might be remotely interested in.
SUTCH: What about my diary, though? SHIRLEY: It has notes on meeting times and places.
BUNGAY: We've discussed this.
Spies don't diarize their activities.
Civil servants do.
No, the Crown's case is going to hinge upon three things Our attempt to nip this in the bud The letter to the attorney-general.
the fact that you lied to the police - I was flustered.
- and, most importantly, the nature of the meetings themselves.
Six meetings or attempted meetings, all at 8:30 at night, at approximately monthly intervals, correct? Yes.
The attempted meetings can easily be disputed.
No.
The Russians deliberately shook our tail.
Shook your tail? Well, that sounds a bit provocative.
[LIGHT LAUGHTER.]
How did you know that's what they did, then? There are standard techniques to check if you're being followed.
You jump a red light, make a U-turn.
Other violent maneuvers.
Well, and not even a ticket? I should be so lucky.
[LIGHT LAUGHTER.]
My question is, how did you know that Mr.
Pertsev and Mr.
Razgovorov were on their way to meet with Dr.
Sutch? Because, by this time, we were observing him, as well, waiting in the same area.
Well, I'm sure there were a lot of other innocent people going about their business in that same area, as well.
And just between me and you, I have myself made several illegal U-turns in my time.
Your Honor.
Mr.
Bungay.
It's true.
I have, Your Honor.
I have the tickets to prove it.
[LIGHT LAUGHTER.]
The non-meeting, well, that shouldn't be a problem.
The most useful one for the Crown is the Hopper Street, on Wednesday.
- August 28th.
- Useful how? BUNGAY: Well, because of the briefcase and the supposed change of information.
That you observed, Mr.
X? What I observed was Dr.
Sutch raise his knee and open the briefcase.
So you didn't actually see him pass anything to Mr.
Razgovorov? That moment was obscured.
But you could positively identify both men from 100 yards away? Yes, the doorway was very well lit.
Ah, I see.
And so did you, apparently.
So what happened next? Razgovorov came down to the embassy car.
Shit! GREIG: And where were you at this time? I was stuck in the phone box.
[LIGHT LAUGHTER.]
Pertsev had pulled up right alongside.
Right.
And did you see Mr.
Razgovorov get into the car? MR.
S: Yes.
GREIG: And did you see him carrying anything? [ENGINE STARTS.]
No.
BUNGAY: No.
So, what did Dr.
Sutch's briefcase contain? What was Dr.
Sutch's daily habit? He always took home any leftover milk.
From the office? In his briefcase? Yes And would you say he was a frugal fellow? I suppose so.
As the witness states, Dr.
Sutch routinely took milk home in his briefcase, and as he stated to the police, that milk fell over.
So, in the doorway, he rested the briefcase on his knee to right it.
Now, if it pleases the court, we have tabled in evidence the Chemical Services Lab analysis of Dr.
Sutch's briefcase, in which there is the presence of soured milk.
Mr.
Y Um, Mr X.
Mr.
X, sorry.
Why Why That's W-H-Y.
- [LIGHT LAUGHTER.]
- Why, in your expert opinion, would a spy choose a very well lit doorway for the exchange of official secrets? Would that be an ideal location for passing on such illegal information? Or milk, for that matter? Not exactly.
No.
BUNGAY: No.
Exactly.
Not exactly.
And why, hmm? [SOFT MUSIC PLAYING.]
Oh.
I'll give you an "A" for this, too.
This is lovely.
What is it? Uh, Rachmaninov, one of the quieter ones.
[CHUCKLES.]
I mean the stew.
It's a ragout, not a stew.
I know a stew when I get into one, believe me.
Yeah, I know.
That's why I made you dinner, so you can eat and stay on top of it all.
Oh.
Oh.
Thank you.
Lovely.
Thank you, even though I know you're going to wolf it down so you can get back to work.
How's it all going, anyway? Well, I'd like to think we've got them on the run, but there's still two more days of evidence, so who knows? Well, here's to your brilliant, unrestrained way with words.
Well, here's to your ragout.
[GLASS CLINKS LIGHTLY.]
SAVAGE: Dr.
Sutch has been accused of disloyalty to his country.
There can be few things more damaging to anyone.
All the character witnesses called have said that Bill Sutch is a loyal New Zealander.
They've also said that he can be naive, stupid, even.
Still, let me remind you that stupidity is not, and has never been, a crime, as such.
Now, you've heard from our ambassador to Italy that my client recently tried to obtain a new position in the government.
Doesn't this give you the impression of a lonely, pathetic man who's served his country well but, like a retired actor or boxer, he just doesn't know when it's all over? Defense has stated that the meetings were open.
And, certainly, that would make sense, if the meetings were to appear innocent.
But in a "very well lit" doorway? Funny place for spies to meet.
After dark and after numerous attempts by the Russians to avoid being followed.
Now, all of this would have been quite unnecessary if the discussions were to be about, say, the Russian ballet.
If Dr.
Sutch had wanted to meet a Russian agent surreptitiously, why not use his position as Chairman of the Arts Council? The pretense of a meeting, say, about the Russian ballet, if you like.
And why clearly note these meetings in a diary? He can hardly be called a clever spy for doing that.
The question remains, why would Dr.
Sutch maintain his denial of even knowing Mr.
Razgovorov? Why lie to the police? Why lie? Imagine.
It's a dark, rainy night.
Sutch is all alone, when suddenly he's accosted by a detective and another person with a tape recorder.
[INDISTINCT TALKING.]
What are you doing here? I-I'm waiting for somebody.
Is there a Russian from the embassy around here? BUNGAY: And suddenly a detective inspector arrives, and cars pull up from everywhere, and he's completely surrounded with people firing questions at him.
The impact can only be imagined.
Yes, the accused did say that he did not know Razgovorov.
That wasn't true, but he stuck to it.
His stupidly naive liaison had been exposed in no uncertain terms and in dramatic circumstances.
Who wouldn't panic, even lie? The letter to the attorney-general was not written in panic.
Yet it contains further deceits and distortions, and its explanation for the meetings is plainly misleading.
That Razgovorov was interested in my client's views of the Zionist movement in New Zealand? I don't think there's anything unreasonable in that.
It's been stated, under oath, that Sutch was a great supporter of the Friends of Israel.
That does not make him a spy.
No.
The Crown has yet to prove that, and the standard of that proof is beyond reasonable doubt.
The missing information is a key ingredient to that proof.
Now, neither the SIS or the Crown have that information.
They don't even know if that information exists! They are asking you to guess at it or speculate as to what it might be, if it did exist.
There can be no more despicable label attached to any man than that of spy.
And this loyal servant of New Zealand has not earned that label, and I am confident, ladies and gentlemen, that you will find him innocent of these unfounded charges.
[LIGHT LAUGHTER.]
Mike, I can't thank you enough.
- No thanks needed, Bill.
- Wonderful.
I'm just happy, unlike the solicitor-general, I've never lost a spy trial yet! [CAMERA SHUTTERS CLICKING.]
When was it, exactly? I see.
Well, thank goodness he got to hold his grandson at least.
Yeah.
I'll certainly attend.
Thank you for thinking to call, Shirley.
Okay, bye-bye.
SUTCH: Mike.
I don't dream about you, but you are with me every hour.
Sometimes I picture you the whole court waiting for your next approach to demolition, making quick judgments and acute psychological appreciations.
I admire you and thank you.
Bill.
Acute psychological appreciations.
I wish, Bill.
I wish.
What a birthday.
They won in the end.
Bastards.
Paging Mike Bungay, lawyer.
We're still getting married.
In 20 minutes.
[CHEERING.]
Cold dinners.
It's a cold bed.
It's Trish Walkley.
You tell me about her, Mike.
Huh? Aah! GREIG: But you can't keep sleeping around and have a decent marriage.
And you can't keep thumbing your nose at everyone and have a decent career.
There are those in favor of putting a stop to his excesses.
I've just been handed a very tricky, very high profile case.
Bill Sutch? I join the ranks of the Gray.
There's never been a spy trial in New Zealand before.
Roll up, roll up.
All the fun of the fair.
[DRAMATIC MUSIC PLAYS.]
[INDISTINCT CONVERSATIONS.]
GREIG: He doesn't much look like a spy.
Mm.
No.
Could be a problem.
Mind you, if you are a spy, you're not supposed to look like a spy, are you? I mean, that's the whole point.
We could always dress him up in a fedora and sunglasses for the trial.
[CHUCKLES.]
Oh, Ian, I'm joking.
I promise to behave.
I have been behaving, haven't I? Impeccably.
Look, I'm so bloody impeccable, I'm boring myself to death.
What's he want? - How are you? - Well.
Mike, this is Mike? This is Bruce.
Peterson.
Pleasure.
Is it? We'll see.
Bruce is going to be coming on board with us.
Young blood.
I think we'll find him very useful.
Not just for this one when it goes to trial.
If it goes to trial.
- SUTCH: If? - GREIG: Espionage.
The attorney-general has to approve the case going forward.
We'll start by trying to preempt that approval.
Bill's already started on a letter to Finlay.
Good, Shirley.
Run it by us.
I'll stall for a few days, buy us some time.
Go through the statement and the Crown's evidence, pull together some of our own.
Um, character witnesses and so on.
Can you make a list of potentials? Great.
Get young Bruce here to vet them.
- See if he shapes up.
- Good idea.
BUNGAY: While we look into the allegations.
Given their questions at interview, it sounds like they never actually saw you meet with Razgovorov when they picked you up on the 26th.
Not that night, no, but, um but others.
I've been incredibly stupid, I'm afraid.
No.
Excellent.
It could be useful.
I mean, stupidity, after all, isn't a crime.
And the charge, as determined by the Act, well, it's so open-ended, it's stupid.
Mm.
Now, "Between the 13th of April and September 26, 1974, Wellington, for a purpose prejudicial to the safety or interests of the State" excuse me for reading this "information which is calculated to be or might be or is intended to be directly or indirectly useful to an enemy.
" I mean, it's bloody rubbish.
GREIG: 25-year-old act all but copied from the British one.
Mike's right.
It's nonsense.
Martyn Finlay's already concerned about its usefulness.
Perhaps Savage is driving this whole thing.
Solicitor-General Savage isn't my biggest fan, which means he'll be setting out with a burr already under his saddle.
Anyway, let's see what Finlay says.
Before any of us realize, it might all be over.
That's what I said.
It's over.
[SIGHS.]
Look, there are legal hoops you have to jump through.
You can't just announce, "It's over.
" We are married.
You really think we can call it that? [LIQUID POURS, BOTTLE THUDS.]
Look, Bev.
I'll I'll be better, okay? I'll try harder.
I'll be impeccable.
[GLASS THUDS.]
Come on, Mike.
You can't even spell that.
[CHUCKLES.]
No, you're right.
I can't.
I'm sorry, Bev.
Um, queen to QB2.
Check.
Perhaps you can deal with that.
Like Rome burning, eh? Playing chess while young Bruce and Ian plug away at the Sutch thing.
How will I be able to take all the credit for all the work? You do plenty of work.
Yeah, I do plenty of everything, don't I? You can't help yourself, can you? If anything, you've gotten worse since they clipped your wings in court.
But you seem to have spread them elsewhere.
Hmm? Submission is not your strong suit.
I cop the brunt of your frustrations! Check! It's hard, Bev.
Okay? It's, like, very hard.
Oh, crap! Crap! I am the one that it's hard for! Being Mrs.
Bungay? It's a small town.
Your peccadillos, they don't go unnoticed.
Can't spell that, either.
No, just have them, can't spell them? I meant "unnoticed.
" Well, that I do agree with.
I hate other people thinking that I don't know.
Other women, especially.
They must think that I am so stupid.
And, well, I am bloody well not.
- No.
- No! No! Trish isn't a peccadillo.
- Fuck! - [GLASS SHATTERS.]
- Fuck.
- Fuck! It's the double letters that throw you.
Two N's in "unnoticed.
" Two C's in "impeccable" and "peccadillo.
" - [DOOR CLOSES.]
- Shit.
[TELEPHONE RINGING.]
Shit! Bungay.
Oh, you took your time.
Even lawyers sleep, Esther.
And unlike other sharks, we can't keep moving while we sleep.
I said the morning.
It's morning.
I'm here.
You got a smoke? Smoking's bad for you.
[LIGHTER CLICKS.]
They're charging me with murder.
Yeah, so I gather.
Along with - James Hemi Hukanui - Jimmy's my brother.
And Paul Manihera? - Boyfriend.
- BUNGAY: Lovely.
How long? ESTHER: A bit.
My kid's not his.
I've got a kid, you know.
I can't be in here! Well, I'll see what I can do.
But I don't think you have a lot of choice as far as that goes.
Your brother and your boyfriend haven't denied anything, including your presence.
So? I didn't do nothing.
I was there, that's all.
Well, according to your brother and your boyfriend, you were the honey in the pot.
You lured that young man to the river.
And if that's true, well, they can charge all three of you with murder.
- Murder? - By association, yeah.
Common purpose.
No, I know all about common purpose, Mike.
We're supposed to have one ourselves! We've got the biggest trial in New Zealand legal history - on our plates.
- Yeah, I know, I know.
Oh, these bloody shoes are killing me.
Bruno's chewed them out of shape.
You can't take on a murder trial.
Look, it's a perfect stalling tactic.
Besides, I was requested.
And you know as well as I do, it'll be a week until there's a response from the AG, before we even know there's going to be a trial.
Plus, it gives young Bruce here a chance to get off his bum and identify some useful character witnesses.
I'm already sorting through some.
Excellent.
Good for you.
And? Some good ones already.
All happy to say Sutch is honest, loyal, trustworthy.
'Course they are.
Except what we're going for here is more of a character assassination.
- Okay? - Um Mike.
Look, what we want to do is paint the picture of a boring, unimaginative civil servant at the end of his career, sitting on a cushy job in the Arts Council.
Why and how the fuck he even wants to play James Bond games? Got it? Boring.
Unimaginative.
Got it.
Great.
Now, I need to go and chat to a couple of interesting young gentlemen in jail.
No, you don't.
Handball it on! Too late now.
[SIGHS.]
Hey, George.
Mike.
BUNGAY: Well, you don't get brownie points for bullshit.
Blaming your sister's boyfriend isn't going to make much difference.
You both admitted to the killing.
'Cause the copper said we'll be better off.
Yeah, well, you'll be better off than Mr.
Harkin, whichever way you cut it.
JIMMY: Who? The young fella you killed, Jimmy.
Mark Norman Harkin.
And honestly? I'm not interested in your degree of culpability, other than how it affects your sister.
Remember her name? Esther.
The one who's pleading not guilty? So my task, Jimmy, is to find out what was going on in your heads that night, which is why I need to know, without all this bullshit, what happened.
You think we can do that? - [INDISTINCT CONVERSATIONS.]
- We can do it.
Nah, let's just piss off home.
We don't even got money to buy another beer.
That's what I'm sayin'.
He does.
He paid for their last round.
So what we supposed to do, hang about thirsty till he decides to go for a piss or something? I'm hungry.
And I saw him eyeing me up before.
LARSEN: Well, she's not an unattractive young woman.
Easy, Jim.
Can't have the Crown ogling the accused.
Leave that to us dissolute defenders.
I meant it's entirely believable she enticed him to the river.
Which is a few minutes' walk away.
So premeditation? Oh, come on, Jim.
Cards on the table.
We don't have to dance around each other.
LARSEN: Oh, I thought you liked a bit of a dance? You okay? How are depositions going? Unh-unh.
No.
I won't be deflected.
Solvoll.
Premeditation, common purpose.
Right? They conspired with malice aforethought to lure him from the pub.
With the intent on killing him, though, hmm? That's the question.
So what are you going to do? Easy.
I'll get him out of here, and you roll him.
Okay.
If he tries to cop a feel, I'll do more than take his fuckin' money.
So, if he's been eyeballin' Est, he's had a good look at us, as well, bro.
So, he's been eyeballin' her, eh? I'll fuckin' kill him.
I'll cut his fuckin' throat with these.
According to her, robbery was the go.
The only unlikely threat that was made was to cut his throat with spurs.
- Yes.
- And they didn't do that.
It was an empty threat.
It was a threat made with murderous intent.
And a man was murdered.
Yeah, but did she expect it to happen? That's the guts of it.
I'm starving.
I reckon I can get him to get me a burger.
Fuck off! Hi.
It's okay.
It's my brothers, arguing again.
Boring.
You got a smoke, or you gonna buy me a burger? A burger, a cigarette, and a robbery.
HARKIN: Well, hang on, hang on? So where's this party? ESTHER: Tirangi Road, but it won't be jumpin' yet.
LARSEN: There was no party.
This was part of an orchestrated plan.
A plan to rob Mr.
Harkin, not kill him.
So, uh, what do we do in the meantime? Any ideas? Ah, nice buns.
And I don't mean the burger, eh.
I'll take that smoke now.
We can go under there if you like.
You can check out the patties, as well.
Ohh.
Oh, nice.
They feel good.
How do they taste? Is that lighter in here? Ooh, it is.
And something else.
Let's go deal to that.
Party started early, asshole.
LARSEN: This was a brutal attack, a planned attack.
And there can be little argument as to the fundamental facts.
But the question for you, the jury, is what conclusions can be drawn as to Esther Solvoll's intention at the time on the basis of what she did, what was said, and what followed.
PAUL: Fuck! Shit! The pathologist has stated Mr.
Harkin died of drowning.
Not from a beating.
Not from having his throat cut by spurs, which is the only potential element of physical violence that Esther Solvoll has admitted being aware of.
Neither of these.
She expected Mr.
Harkin only to be robbed, not killed.
This may seem like a legal nicety to you, but it does, in fact, speak to the whole question of common purpose.
Now, my learned friend has spoken to you about the importance of what the accused was thinking.
And I'm sure you must be contemplating the difficulty of that task.
May I suggest that you also contemplate the difficulty that Esther Solvoll had in discerning the actual intentions of Mark Norman Harkin's killers.
JIMMY: You got his dough? Fuck! Shit.
18 bucks and fuckin' change.
Yeah.
He got me a burger, eh? PAUL: Fuckin' cheapskate.
I should've cut his throat.
Crap watch, as well.
Yeah, yeah.
[WATER SPLASHES.]
[GRUNTS.]
Oh, well.
Still time for a beer, at least.
His shout, eh? LARSEN: This was a premeditated and cold-blooded killing.
And Esther Solvoll was party to it, and, as such, you must find her guilty of murder.
The only legally supported verdict is not guilty.
- [SIGHS.]
- [LIQUID POURS.]
Two hours.
Good or a bad sign? LARSEN: For whom? You okay, Mike? Personal stuff.
I have a lot of personal stuff, Jim.
I manufacture it just to keep myself busy.
Bev? Sorry I'm late again.
Bev? [LIGHT SWITCH CLICKS.]
Hi, Bruno.
Uh, things have come to a head at home.
And more professionally.
Depositions in the Sutch case not going to plan? Oh, they're going perfectly to plan, I think.
Savage's plan.
I mean, going to trial was a foregone conclusion, given all the publicity.
And refusal to go to trial would have been a political disaster for the attorney-general.
Status of the SIS, national security, you know.
I mean, he's been pretty much hamstrung, really.
Mr.
Bungay.
Your Honor.
OLDFIELD: I have to say, it's been a pleasure this last while to see your behavior in court so improved, both with regard to appearance and tone.
A sense of some respect, even.
Thank you, Your Honor.
OLDFIELD: It would be appreciated, however, if you could extend your newly discovered good manners to the rest of the building, as well.
This is a robing room, not the back bar at De Bretts.
That is an 1860s Biedermeier table.
It has supported the weighty briefs of the likes of Robert Stout and William Downie Stewart Jr.
Kindly take your feet off it.
Thank you.
Mr.
Larsen.
I copied the Sutch statements like you asked.
And the jury's in.
JUDGE: In the matter of the Crown versus Esther Te Aranganui Solvoll, have you reached a verdict? ESTHER: I got a kid! - I didn't do nothing! - Sit down.
ESTHER: I didn't kill the bastard! I didn't do nothing! WOMAN: Sit down.
Please, sit down! [BUNGAY BREATHING HEAVILY.]
Sorry.
No, really.
It's fine.
I'm fine.
Any particular demons we're trying to chase away tonight? You feel heavier when you're unhappy.
Oh! I'm sorry.
TRISH: You lost.
Today? Yeah, I did.
TRISH: Is that what this is about? - Losing? - TRISH: Mm.
No, it's just something that happens, you know.
The system, the process making its choice, just like they did.
$18.
40 and a shitty little watch.
That's what they killed him for.
What a pointless bloody choice to make, to kill him for that.
And me, you know.
I make so many bad choices, Trish.
So many.
Like us? Are we a bad choice? No.
No.
I meant professionally, you know.
You end up dancing with devils.
And you wonder sometimes why you even go to the ball.
The curse of a good heart, Mike.
Yeah, that and being too clever a dancer.
[BOTH CHUCKLE.]
Need to get home? Feed Bruno.
Although he's become quite adept at feeding himself lately.
Maybe should just stay here instead, huh? Yes.
And I should've told you, but I haven't seen you.
Bev left.
She's putting in for a divorce.
Ah.
And she's okay? Not too acrimonious? I don't think even she can spell that.
Something she said.
So now what? This is supposed to change things for us? Make it somewhat easier, what, less sordid? This has never been sordid, Trish.
That's a matter of perspective, I suppose.
Like the shoes.
[VEHICLE APPROACHES.]
[GEARSHIFT CLICKS, ENGINE TURNS OFF.]
GREIG: Mike.
- There you are.
- I am.
[CAR DOOR CLOSES.]
Bruno's just been passing comment on my day.
Mind the shit.
Check your answering machine? Why would I do that, Ian? It might have a message on it.
GREIG: It has.
Several.
We're working over.
There are statements from the Russian ambassador and the press attaché to get through.
Plus Bill's diaries, finally.
I got young Bruce to copy statements for me.
I'm reading them tonight.
Oh, well The diaries are a bit of an awkward development.
It's got notes in it about his meetings with Razgovorov.
Really? That's good.
Good? It confirms the meetings took place.
You been drinking? Well, the SIS are going to be insistent on those meetings, anyway.
And the fact that Sutch noted them down works for us, right? I mean, spies don't make diary entries about secret assignations.
Come on, Bruno.
- Come on.
- [DOOR CLOSES.]
Here you go.
[KEYS CLATTER.]
I do the dishes every three days as a meditation.
So I still have clean glasses.
And, yes, I have had a wee stroll with Johnnie.
- You promised not to drink.
- BUNGAY: No.
I think I promised not to get drunk.
There is a difference.
Where's Bev? BUNGAY: In a happier place.
It's all right.
Didn't murder her.
She left before she murdered me.
Cheers.
Jesus, Mike.
When did she leave? One day.
When I was at work.
To avoid a scene, I imagine.
Lawyers will profit, no doubt.
Well, I'm I'm sorry.
- I'm - [LIGHTER CLICKS.]
I'm really sorry.
What? You didn't take the case, did you? I'm joking.
It's probably for the best.
Look, um, are you sure you're going to be able to give this what it needs? I mean A few more of these to dull the senses, I'll be sharp as a tack.
GREIG: Bloody hell, Mike! We're committed to this case now.
You can't just go swanning about BUNGAY: I'm fine! I'm not drinking because Bev left.
I'm not drinking 'cause I lost in court.
This time, I think it's because I took the case.
You know, it was completely without consequence, Ian, to to her, you know.
When I finished closing, she winked at me.
Made me feel complicit.
It's all in here.
Printed, filed.
Exhibit one in defense of the prosecution.
You want another? I'm in a rock-'n'-roll dream [SIREN WAILING.]
You know what I mean I've got the pedal to the metal I've got a full head of steam Shit.
[DOG BARKS.]
It's all right, Bruno.
Sorry I'm late.
Bruno got pulled over.
We're going to trial? It would appear so, yes.
To court, at least, which is why we need to discuss strategies.
Ian tells us you won't be making an opening statement, Michael? Is that wise? BUNGAY: Oh, I think so.
If we open, it just signals that we accept there's a case to be answered, and we don't accept that.
So, when the Crown's done, I'm going to go for dismissal under 347.
What's 347? It's really about not wasting the court's time.
I thank my learned friend, the solicitor-general, for his eloquent opening statement.
We shall not be making an opening statement of our own, but rather, having thoroughly examined the evidence, or, indeed, the lack of evidence, and having come to the conclusion that there are no reasonable grounds for believing on the basis of provable facts and a reasonably arguable view of the law that the Crown's claims have any reasonable prospect of success, we seek to have all the charges dismissed under Section 347 of the Act.
Thank you, Mr.
Bungay.
Case dismissed.
And if that doesn't fly, then we call our witnesses and go to trial.
And if it is denied, how will I plead? Well, that's a silly question.
Not guilty.
- Not guilty.
- Of course.
Um, uh, I made a list of some more character witnesses.
The ones you've suggested, Michael, aren't exactly the strongest candidates.
You don't think so? We'll give these others our careful consideration.
Bruce? I was just wondering, um, it might be a nice time to get some coffees all 'round.
Uh, and then do please come and sit in.
- Thanks, Ian.
- Oh.
Could you make mine black and strong, please? And if you wouldn't mind just checking on Bruno in the car.
Now, Ian, you want to discuss the search of the properties.
At home and at work? BEATTIE: The attorney-general has given his consent for this matter to proceed to trial, and in doing so, he chose to make a public statement explaining his reasons.
If any of you retain any recollection of what he said, I ask you to put that public statement right out of your mind.
His reasons have no bearing on this trial.
[CAMERA SHUTTER CLICKING.]
They published Beattie's instructions to the jury, I see.
Yep.
The press is certainly not ignoring us.
Ah, but the jury must ignore the press.
Insofar as that's possible.
After you.
Don't wheel that in yet.
Wait out here till I've gone for dismissal.
It's for the case.
There's not much point me saying there's no case to answer with a bloody great pile of files sitting next to me, is there? BEATTIE: Even when this charge was first laid, there were extensive reports in the news services which you would have seen or heard.
And you are further instructed to take no note of any other government minister or commentator or any news report relating to the case.
[BUNGAY SPEAKING INDISTINCTLY.]
we seek to have all the charges dismissed under Section 347 of the Act.
Thank you, Mr.
Bungay.
I, too, have thoroughly examined the evidence.
Your request is noted but denied.
Now, shall we proceed? Well, it was worth a shot.
So, we proceed to trial, as expected.
We do.
Despite the lack of evidence.
It's the quality of evidence I question, Richard.
The quantity's irrelevant if it's inconsequential.
I'm sure its significance will become readily apparent to the jury and, eventually, to you, too, Bungay.
Oh, we'll see.
We will.
[BRIEFCASE THUDS, LATCHES OPEN.]
Careful, Mr.
Solicitor-General.
That is a Biedermeier table.
[CHUCKLES.]
No, he went a kind of purple color.
Got under his skin, did you? A small victory.
I needed one after openings.
Hm? Didn't go well? Well Wasn't the outcome we wanted.
It was the outcome we expected.
Didn't blow up in my face, but Oh.
They all just love watching me rein myself in.
It's not my style, Trish, you know.
- It's all a pretense.
- Well, stop pretending.
Just let go of the reins.
Yeah, right, for the biggest trial of my career? Why not? Didn't Ian say they wanted a ringmaster? Just be your unrestrained, outrageous self.
Like you are in other areas.
Hey, do you still know that Katrina woman? What? What Katrina woman? The one who owns the shop in Manners Street.
Do you think she'd open up for me in an emergency? Come on.
- [LAUGHS.]
You - Come on.
[CHUCKLES.]
What do you think? Bruno, chew.
Shall we break 'em in? [LAUGHS.]
Oh.
[THUDDING.]
BEATTIE: On the application of Mr.
Savage, there will be no photographs taken and no sketches made during the hearing.
Names of members of the Security Intelligence Service will be identified only by letters or symbols.
SAVAGE: It should not be imagined that New Zealand is so universally loved that it has no possible or potential enemies.
BUNGAY: So, what is an enemy? What is a potential enemy? SAVAGE: It is of the greatest importance that any enemy New Zealand may have should not be able to obtain information prejudicial to the safety and interests of the state.
BUNGAY: But what information are we talking about? We don't know.
We're being asked to speculate about what it is or might have been.
We don't even know if such information, even if it did exist, was passed on.
SAVAGE: But Dr.
Sutch's guilt, under the Act, does not have to hinge upon the actual passing on of information.
BUNGAY: We don't even know if there is a charge to answer.
After you, Mr.
Solicitor-General.
Take it in? Roll up, roll up.
MAN: All stand! This witness is designated "Mr.
S.
" - For "Spy.
" - [CHUCKLES.]
I'm not a spy! And they can't prove that you are.
Two non-meetings, three casual chats, and one unobserved meeting the night you were arrested? It's Mad magazine stuff.
In fact, events of the evening of the 26th of September were so confused that you can't even confirm any information changed hands.
Can you? Well, the exchange wasn't actually seen, no.
No, not by you or by the other 11 police and SIS operatives assigned to the so-called surveillance? Shit! No.
And it wasn't so-called surveillance.
- Wellington CIB.
- What's this? So, tell me, Mr.
S, what was the nature of this information? Where is it? I mean, did the subsequent police and SIS search of Mr.
Sutch's home reveal anything? No, it didn't.
You let them into your office, too, didn't you? And they didn't find anything there, either.
Nothing the Russians might be remotely interested in.
SUTCH: What about my diary, though? SHIRLEY: It has notes on meeting times and places.
BUNGAY: We've discussed this.
Spies don't diarize their activities.
Civil servants do.
No, the Crown's case is going to hinge upon three things Our attempt to nip this in the bud The letter to the attorney-general.
the fact that you lied to the police - I was flustered.
- and, most importantly, the nature of the meetings themselves.
Six meetings or attempted meetings, all at 8:30 at night, at approximately monthly intervals, correct? Yes.
The attempted meetings can easily be disputed.
No.
The Russians deliberately shook our tail.
Shook your tail? Well, that sounds a bit provocative.
[LIGHT LAUGHTER.]
How did you know that's what they did, then? There are standard techniques to check if you're being followed.
You jump a red light, make a U-turn.
Other violent maneuvers.
Well, and not even a ticket? I should be so lucky.
[LIGHT LAUGHTER.]
My question is, how did you know that Mr.
Pertsev and Mr.
Razgovorov were on their way to meet with Dr.
Sutch? Because, by this time, we were observing him, as well, waiting in the same area.
Well, I'm sure there were a lot of other innocent people going about their business in that same area, as well.
And just between me and you, I have myself made several illegal U-turns in my time.
Your Honor.
Mr.
Bungay.
It's true.
I have, Your Honor.
I have the tickets to prove it.
[LIGHT LAUGHTER.]
The non-meeting, well, that shouldn't be a problem.
The most useful one for the Crown is the Hopper Street, on Wednesday.
- August 28th.
- Useful how? BUNGAY: Well, because of the briefcase and the supposed change of information.
That you observed, Mr.
X? What I observed was Dr.
Sutch raise his knee and open the briefcase.
So you didn't actually see him pass anything to Mr.
Razgovorov? That moment was obscured.
But you could positively identify both men from 100 yards away? Yes, the doorway was very well lit.
Ah, I see.
And so did you, apparently.
So what happened next? Razgovorov came down to the embassy car.
Shit! GREIG: And where were you at this time? I was stuck in the phone box.
[LIGHT LAUGHTER.]
Pertsev had pulled up right alongside.
Right.
And did you see Mr.
Razgovorov get into the car? MR.
S: Yes.
GREIG: And did you see him carrying anything? [ENGINE STARTS.]
No.
BUNGAY: No.
So, what did Dr.
Sutch's briefcase contain? What was Dr.
Sutch's daily habit? He always took home any leftover milk.
From the office? In his briefcase? Yes And would you say he was a frugal fellow? I suppose so.
As the witness states, Dr.
Sutch routinely took milk home in his briefcase, and as he stated to the police, that milk fell over.
So, in the doorway, he rested the briefcase on his knee to right it.
Now, if it pleases the court, we have tabled in evidence the Chemical Services Lab analysis of Dr.
Sutch's briefcase, in which there is the presence of soured milk.
Mr.
Y Um, Mr X.
Mr.
X, sorry.
Why Why That's W-H-Y.
- [LIGHT LAUGHTER.]
- Why, in your expert opinion, would a spy choose a very well lit doorway for the exchange of official secrets? Would that be an ideal location for passing on such illegal information? Or milk, for that matter? Not exactly.
No.
BUNGAY: No.
Exactly.
Not exactly.
And why, hmm? [SOFT MUSIC PLAYING.]
Oh.
I'll give you an "A" for this, too.
This is lovely.
What is it? Uh, Rachmaninov, one of the quieter ones.
[CHUCKLES.]
I mean the stew.
It's a ragout, not a stew.
I know a stew when I get into one, believe me.
Yeah, I know.
That's why I made you dinner, so you can eat and stay on top of it all.
Oh.
Oh.
Thank you.
Lovely.
Thank you, even though I know you're going to wolf it down so you can get back to work.
How's it all going, anyway? Well, I'd like to think we've got them on the run, but there's still two more days of evidence, so who knows? Well, here's to your brilliant, unrestrained way with words.
Well, here's to your ragout.
[GLASS CLINKS LIGHTLY.]
SAVAGE: Dr.
Sutch has been accused of disloyalty to his country.
There can be few things more damaging to anyone.
All the character witnesses called have said that Bill Sutch is a loyal New Zealander.
They've also said that he can be naive, stupid, even.
Still, let me remind you that stupidity is not, and has never been, a crime, as such.
Now, you've heard from our ambassador to Italy that my client recently tried to obtain a new position in the government.
Doesn't this give you the impression of a lonely, pathetic man who's served his country well but, like a retired actor or boxer, he just doesn't know when it's all over? Defense has stated that the meetings were open.
And, certainly, that would make sense, if the meetings were to appear innocent.
But in a "very well lit" doorway? Funny place for spies to meet.
After dark and after numerous attempts by the Russians to avoid being followed.
Now, all of this would have been quite unnecessary if the discussions were to be about, say, the Russian ballet.
If Dr.
Sutch had wanted to meet a Russian agent surreptitiously, why not use his position as Chairman of the Arts Council? The pretense of a meeting, say, about the Russian ballet, if you like.
And why clearly note these meetings in a diary? He can hardly be called a clever spy for doing that.
The question remains, why would Dr.
Sutch maintain his denial of even knowing Mr.
Razgovorov? Why lie to the police? Why lie? Imagine.
It's a dark, rainy night.
Sutch is all alone, when suddenly he's accosted by a detective and another person with a tape recorder.
[INDISTINCT TALKING.]
What are you doing here? I-I'm waiting for somebody.
Is there a Russian from the embassy around here? BUNGAY: And suddenly a detective inspector arrives, and cars pull up from everywhere, and he's completely surrounded with people firing questions at him.
The impact can only be imagined.
Yes, the accused did say that he did not know Razgovorov.
That wasn't true, but he stuck to it.
His stupidly naive liaison had been exposed in no uncertain terms and in dramatic circumstances.
Who wouldn't panic, even lie? The letter to the attorney-general was not written in panic.
Yet it contains further deceits and distortions, and its explanation for the meetings is plainly misleading.
That Razgovorov was interested in my client's views of the Zionist movement in New Zealand? I don't think there's anything unreasonable in that.
It's been stated, under oath, that Sutch was a great supporter of the Friends of Israel.
That does not make him a spy.
No.
The Crown has yet to prove that, and the standard of that proof is beyond reasonable doubt.
The missing information is a key ingredient to that proof.
Now, neither the SIS or the Crown have that information.
They don't even know if that information exists! They are asking you to guess at it or speculate as to what it might be, if it did exist.
There can be no more despicable label attached to any man than that of spy.
And this loyal servant of New Zealand has not earned that label, and I am confident, ladies and gentlemen, that you will find him innocent of these unfounded charges.
[LIGHT LAUGHTER.]
Mike, I can't thank you enough.
- No thanks needed, Bill.
- Wonderful.
I'm just happy, unlike the solicitor-general, I've never lost a spy trial yet! [CAMERA SHUTTERS CLICKING.]
When was it, exactly? I see.
Well, thank goodness he got to hold his grandson at least.
Yeah.
I'll certainly attend.
Thank you for thinking to call, Shirley.
Okay, bye-bye.
SUTCH: Mike.
I don't dream about you, but you are with me every hour.
Sometimes I picture you the whole court waiting for your next approach to demolition, making quick judgments and acute psychological appreciations.
I admire you and thank you.
Bill.
Acute psychological appreciations.
I wish, Bill.
I wish.
What a birthday.
They won in the end.
Bastards.