Crownies (2011) s01e04 Episode Script
Episode 4
They've asked me to take on the Mervich case.
Great.
I need some help with it.
The idea's I do it on my own.
Some idiot decided to take Lina off the Mervich case and give it to me.
I'm the idiot who put you on the case.
Do you have anything like a sweetheart neckline with a ballerina hem? I know he's in Mensa.
Baby, will you stop! He's gay.
He's gay.
My wheels are your wheels, brother.
Sweet.
What does (Speaks Arabic) What does that mean? Nothing.
The AG is a total prick, but what you and that memo have done is destroy any chance of him ever going to trial in this country.
£ Theme music £ What do I do stand in a shop £ Waiting for that money to drop £ Stand all day on a concrete slate £ My feet are aching, don't get a break £ What do I do? £ What am I to do? £ What do I do? £ What am I to do? GROUP (Sings): £ What do I do? £ What am I to do? £ Busy morning? Yeah, a couple of directions hearings, then Andy's coming into the office about 11:30.
Can't.
Got a three-day appeal starting this morning.
Well, we've got a mention on Friday.
I know, make sure you're ready for it OK.
They'll probably want to adjourn, so if we want a committal date, we'll have to give them as much as we can.
Yep.
And don't get bossed around by the police.
They had a pretty case on this one, so the brief will be pretty light on.
Nothing surer.
Doesn't mean it stands up.
Facts and motive.
What happened and why.
You have to understand it.
Call me later, yeah? Sure.
Facts .
.
Motive.
Good girl.
Remember, fingerprints are not enough! OK.
We submit, Your Honour, that many circumstances need to be considered in determining an appropriate sentence.
The defendant was being restrained at the time, which induced feelings of fear and panic.
Yes, yes, yes.
And this came at the end of a long argument, during which he'd been subject to many grave and hurtful insults.
Yes, but still, Ms Corvini, to bite a man's nose off? That is a very proximate and personal attack, agreed? Well, of course, Your Honour - One might even say, in your face.
(Lina Laughs) Intended as irony, not humour, Miss Badir.
Apologies, Your Honour.
Apology accepted, this time.
You enjoy your appearance work, don't you, Lina? Sorry if I crossed the line, Judge.
No, not at all.
On recent evidence, you seem to know exactly where the line is, unlike most of your colleagues.
Anyway, thanks for giving me five minutes.
Julie tells me you're Palestinian.
Half, yes.
Mm.
There's a lecture on at the Law Society tomorrow.
A Professor from the Centre for Arabic Studies at ANU is just back from the Middle East.
He's delivering a paper on the issues that amnesties raise for criminal law.
'Trading Justice for Peace.
' With a question mark, for obvious reasons.
Justice with a focus on punishment will never solve systemic international problems.
But amnesties only work, if the goal isn't just to end a conflict, but Establish lasting peace.
Motive, crime, punishment, motive, crime, amnesty.
Which is the more appropriate choice? It's a very difficult balance, of course.
In the interests of flying the flag of peaceful cooperation, I was thinking we could go together.
A Palestinian and a Jew.
Our own two-state solution.
That's what we'd represent, apparently.
And it is hard to say no to a judge.
It still feels weird.
It isn't a date, though.
I'm calling it professional development.
Although, even if it were a date - Oh, please! Well, you are desperate.
When was the last time? Me? What about you? Get me drunk, I'll sleep with anyone, except a cop.
Even I have some sense of propriety.
Yeah, OK, OK! Are you up to speed yet, or do you want Lina to join us? No, I've read it.
So, what happened there anyway? First with her, now with you? What's going on? Don't ask me.
What did Tracey say? It's not about my work, so presumably it's something personal.
With you? I guess so.
Happy in here? Sure.
Just give me a couple to get sorted.
Listen, don't get me wrong, Tracey.
You know, I owe you big time for having had a quiet week or two, but everything on my desk now is really piddling.
It's mostly drugs, mostly pleas.
So, I just thought I'd let you know that if anything harder comes up, I'm ready for it.
In fact, the longer I wait, the worse it gets.
And you could stay objective? Apply proper legal principles and personally write the sort of memos of advice that were attached to your briefs a month or two ago? I'll give it a go.
The police charge is manslaughter.
The defendant caused the death of his own six-month-old son.
Or we could stick with heroin trafficking for a while if that's No, no, no, that's fine.
.
.
confronting.
I can do it.
Got to get back on the bike some time.
So what can the DPP do for you, Professor? I'm here because - have you really finished high school? And university, yes.
How is that possible? No gap year.
Which angers me.
Thanks for bringing it up.
Sorry.
You're forgiven.
So? I'm here because I've committed an indictable offence and I need to be prosecuted.
Have you told the police? Oh, those stupid idiots? Well, you have to go to them first.
They're the only ones who can charge you.
I've tried that.
Well if they haven't laid a charge, we can't prosecute.
Can't you order them to lay a charge? Ahh, I don't know.
Ah, I suppose it depends on what you what the crime is.
Stealing.
OK, what did you steal? $782,000.
Interesting.
$780,000? That's what you get if you hack into a porn site and take two dollars from every member.
Three quarters of a million dollars, in a day.
That's what he said.
Well, is it true though? Well he's gone home to get the evidence.
In other news, he did give me the porn site's URL, which I've forwarded on to everyone.
He did say it's mostly straight stuff, though, so probably isn't your thing.
Unless you want to see what the other half do.
Average suburban dad.
Cops have hit him with manslaughter.
He killed his kid.
Got to figure out what charges the facts sustain and whether to recommend prosecution.
Well, if you want to talk it over some time - Yeah, thanks.
I might see how I go first, but .
.
it's appreciated.
(Microwave beeps) Oh! Oh.
Ow! Oh, come on.
Ah! ERIN: Well, considering Joanne's saying she didn't do it - She did.
But according to her, the attacker was leaving.
There was no attacker, Erin.
It's called a lie.
I know, but to get a conviction, we have to tell a story that makes sense.
And if she did do it, why did she stay around? Because her sister was unconscious.
Look, when the paramedics arrived, they walked in and they found Ray dead in the kitchen, and she hadn't even mentioned him.
Even when they said, 'Who's that,' she just said, 'Oh, that's Ray'.
I know.
And you don't think she did it? No, no, no, that's not - What? Look, before we proceed with murder, I have to get inside her head enough to understand what happened.
I mean, why do you keep bashing someone that hard? Because you don't like them! Isn't it bloody obvious? His brains were all over the kitchen floor, and she was standing there with her fingerprints all over the murder weapon.
This cannot be a hard case to prosecute.
Sure.
But was it about money? Do they inherit the farm? Well, who cares? She did it! Jealousy.
Maybe.
But Joanne's not talking anymore, Ray's dead and the sister's in a medically-induced coma.
I mean, exactly who do you want me to talk to? Anyone who knew anything about them.
Doctors, chemists, hairdressers, whatever.
We have.
They lived there for five years.
They must have known more people than this.
(Laughs drily) If you find something, call me anytime.
I don't care.
Erin, I can't drop everything.
But if we're saying it was jealousy, we need more evidence, Andy.
Although .
.
look, I know this is important to you.
It's going to be huge.
Even the mention.
I have to know I've got the right story.
Tomorrow afternoon? Oh, yes.
What do you want paid leave for? 'Trading Justice For Peace.
' Yes.
And it'll count as two points for professional development.
What's the argument? That if Israel frees all of its Hamas prisoners there'll be an outbreak of peace? Well, I don't know yet.
Well, not after what happened over there yesterday I wouldn't think.
What happened yesterday? Actually, I'm more concerned with here.
And to call a spade a spade, which it looks like I'll have to, supporting political activism is hardly a good look for a Crown solicitor, as I have told you more than once, I believe.
You're lucky it's at the Law Society.
I know why she took it from me.
Tariq.
And his mate with the t-shirt - Muslim radicals, she thought.
And because he is, I am too.
So I've been hoiked off all the high-profile matters.
Anything to stop publicity.
I get it now.
All the facts fit.
Look, Lina - Don't, don't worry, I'm not going to confront her about it.
I just - You know what? You are? I am.
I'm not scared of her.
WOMAN: Hey, Ben, you got a second? What can I do for you? Where were you at 3am last night, Mr McMahon? Well, in bed asleep.
Can anyone verify that? Ah, no, I don't think so.
Why? Sorry, I just need a few minutes.
(Breathy groaning) What is it? Ah, spam.
Just spam.
I hate sperm.
Sperm? Spam.
Sperm.
Spam! Sorry, what? Tracey, I'm not a radical Muslim.
Um, ah, good.
Yeah, and neither is my brother.
I know that's what you're thinking and yes, we believe in a free Palestine and well, if your grandparents wore around their neck the key to their family home, the home that they were illegally evicted from over 40 years ago, you would feel the same way.
Lina.
But that does not make us radicals - Lina! Lina! It just means that we - what? Lina! The car I sold to Tariq was involved in a police chase last night.
Do you know where we could find your brother, Ms Badir? You idiot! Do you even care about what goes on over there, Lina? Beit Hanoun.
Do you remember how pretty it was? And the fact that we stayed there for a few days? Do you mind if I talk to my brother before you take him in? Yeah, no problem.
Listen - Fuck off, Lina! What happened in Beit Hanoun? They shelled one of our schools.
You don't listen to the news anymore? And this is going to help them, huh? At least I'm doing something.
You're going to get fined and lose your licence.
That's all you're doing.
Tariq! You can tell me how to live my life when you stop working for smug white Christians who think that we're nothing but radical militants.
And God knows where they get that idea from.
They're words.
They're just words, OK Lina? They're not bullets.
And if you cared about your family you'd defend us, not prosecute us.
But that's not lucrative enough for you, is it? There were three or four different groups spraying the slogans all over the inner city.
Well, 'stop Israeli genocide' is hardly an incitement to violence.
No, I'm not here wanting you coming down hard on them.
They're just boys.
And students always like protesting, no matter where they're from.
But they are impressionable.
And if a hardened extremist starts looking at them as potential recruits, that would be a worry.
Do we have any hardened extremists? Saif al Din.
Wouldn't you call a man caught with three rocket launchers an extremist? Yes, but isn't he in jail? Due for release on the 1st.
We're not jumping at shadows here, maybe? The Police Commissioner has met with the Premier and they're in furious agreement.
We cannot release Saif al Din in this climate.
We would look totally irresponsible.
But if he's done his time - It's a new Community Protection Act.
Heading for Parliament on Thursday.
It allows the DPP to move for an order keeping anyone in custody if their release is likely to threaten public safety.
And the two of youdrafted this without even consulting us? We don't have to.
Well it might have been the appropriate course of action, given that you've made us the moving party.
Please.
Don't you lecture us on propriety.
Excuse me? We're the government, and we want this to happen.
That's all I'm saying.
No, it isn't.
Janet.
Sorry.
Over-sensitive.
It's a bad habit.
Leave it with us.
Yes.
I do understand where you're coming from.
Thank you.
Thank you.
Oh, come on.
They can't keep someone in jail beyond their sentence.
For one, it's a state-imposed penalty on top of a court sentence, which flies in the face of the separation of powers.
Plus it throws away their responsibility to protect civil liberties as well as social peace! We are trying to build bridges.
I know they're wrong too, but it's just time we took a breath.
They want good headlines, not good law.
Let me deal with it.
I'll be a lot more relaxed if I actually have something to do.
Fine.
But you're going to have to do a lot more than merely win the argument, you're going to have to convince them to change their opinion of you.
At the moment, they think you're the anti-Christ.
Thank you.
The Abe Jackson matter? Yeah.
Let me know what you think.
(Tapping at keyboard) (Breathy groaning) (Groaning stops) Richard.
Professor McLeod's here.
Hey, Richard Stirling.
Oh.
Hi.
Ah, if we just go this way.
Every $2 transaction is taken from an individual credit card number.
But all you've got for the ID information is just a user name and an email address? Correct.
And no-one's complained? What do you think I'm doing? This whole thing is a complaint.
618 million searches a day are about porn.
How does the Western world function any longer? Half the workforce is staring at porn.
OK.
OK.
Has your friend here told you what sort of things are on sites like this? Well, he's gay, so, you know, parallel universe.
But as it happens, I took a look this arvo and it all seemed pretty boring.
Some non-violent erotica, which I don't mind, actually, and yeah, all the other misogynist crap but it's not illegal.
Well, neither's smoking.
But at least it's heavily taxed and all those dollars go back into re-educating people not to smoke.
Well, that's my idea too.
I just need a kickstart with publicity.
And if it's not through the court, I'll go straight to the press.
'Man steals fortune, DPP lets him go.
' Not a good time for that headline, is it? They're yours.
I look forward to being arrested.
Hm? What? Gay? Aren't you? No! Really? Yes! But sweetheart neckline and ballerina hem - Two older sisters.
Seriously! OK.
OK.
Oh, but um, when we're at home, you have to be gay, alright? I'm sorry.
Well, Conrad.
He was a bit jealous about sharing with straight Richard.
Ohh! He can live with gay Richard.
So when you're at home, while you're around us, it'd all in all just be easier if girls weren't your thing.
Work - straight.
Home - gay.
Tatum.
Hi.
Do you have a few minutes for us? Yes.
So would you say that you're spoilt? Some people think I am.
You don't agree? Well, I'm Danny Novak's daughter.
All through high school I was called the Gangster's Girl.
'Don't pick on Tatum, her Dad'll blow up your house!' Ha ha ha.
There's got to be some compensation for growing up with that shit.
Especially since he's not a gangster.
He does have a colourful past.
He married Mum when he was 29.
Ever since then he's been absolutely straight.
Still - your apartment? He bought it, yes.
Prestige car yard where your fiance works.
He owns, yes.
Dolce & Gabbana bag, Chanel perfumes.
Seems he buys you a lot of things.
He's never asked you to do anything for him in return? No.
The morning after the Christmas party, you came in at 5:37.
You didn't log into your computer or use Facebook until 6:01.
I went to the loo, got a coffee, I grabbed the file from Lina's office.
Look, I didn't even know the Attorney General.
I'd never met him.
Nor had my Dad.
He didn't have any reason to ask me to leak anything.
Did he? How'd the interrogation go? Yeah, fine.
MAN: Interview commenced at 1:35pm, in front of Detective Sergeant Stu Fuller and Detective Constable Brummel.
Can you please confirm your name and address? Abe Jackson, 24 Angel Street, Lidcombe.
OK, Abe, you can tell us what happened yesterday? Um, I got up about 7:00.
Pam was already up with little Tom, and I guess we just had the same brekkie as always and um, some toast and juice.
And then the phone started ringing.
Some days are like that when you're in sales.
You, you've gotta talk to the clients, so - so, I, ah, I talked to Pam and she said something like - I don't know, like, um, 'I'll help you out.
' So we headed out to the car and I'm still on the phone, so Pam's carrying Tommy and .
.
and I opened the car door and stay out on the phone, 'cause this guy's just - he's just going on and on about how we ripped him off, and I'm like, 'Well, fine, just bring it back.
' And it goes on like this for a couple of minutes.
So, ah, so Pam, just - she gives me a kiss on the cheek.
She goes, um, 'Have a good day,' and I go, 'You too.
' And she says, 'Don't forget day care,' and I go, 'Sure.
' And then I switch the phone onto loud-speaker and keep talking while I get in the car.
So you drove to work? All the way to work, yeah.
Phone never stops.
It's just one of those mornings.
I guess .
.
I didn't put him in, see? I didn't put him in his car seat.
And it, um, it sort of, um, faces backwards so you can't see it from the mirror.
Didn't hear anything.
I just didn't figure.
I didn't figure anything.
Really.
And I just didn't think he was there.
So, um, all the, ah, spots were taken, so I um, I just parked in the street, just around the side, and I can remember thinking, three or four times during the day, you know, 'Don't forget day care, don't forget day care,' So when it went five, I just ran out, got straight in the car.
I put the, um, put the air con on full .
.
because it had been so hot.
'Cause it smelt a bit.
And um, and when I got to day care, they were like, 'Well, he never got dropped off.
' That kind of threw me a bit.
That was the worst.
That moment when you know - you know what's happened and you think, 'Please, God, just, maybe he's just still asleep.
' You just - you just think, please God, just let him still be sleeping.
And then he had to call his wife and tell her their son was dead because he'd left him in the car.
Can you imagine making that call? So what are you thinking? I don't know.
I mean, his negligence led directly to a loss of life so yeah, we have all the elements for manslaughter.
There's no dilemma about that.
And yet, is a conviction really in the public interest? I mean, he's already given himself a life sentence.
What does our society consider a fair punishment? So whatever I write in the memo of advice, this is David's call though, right? And Tracey knew that when she gave it to you.
It's one of those tricky matters he'll personally review.
It's not your normal 'I agree and so direct.
' They - they really just want to see how you're coping.
If I can I stay calm and apply sound legal advice to all the issues? Correct.
Why do I feel like the kid whose teacher's just told him what's in the exam? You still have to pass the test, though.
(Alarm beeps) (Phone rings) Erin O'Shaughnessy.
Hi! How's it going? Oh, Rhys.
Hi.
Any progress? (Doorbell rings) Ah, well, we had a meeting and I think it went well.
Good.
The police agreed we had to get more statements.
We still think it was a love triangle gone wrong, but, basically, there's a lack of evidence.
And you brought that to their attention? (Doorbell rings) Ah, yes.
What's that? Front door.
Do you want to call me back later? Do you mind? Coming! Don't want your boyfriend catching you talking to me.
As if that would happen.
I mean, there isn't one.
Not that I want to keep anything secret.
Bye, Erin.
We'll talk tomorrow.
Great.
So cool.
(Doorbell persists) What? Oh, hello.
Um, sorry.
I wasn't expecting - No - you said anytime.
Well - And considering how pressing this is, I mean, if you've got time to read this now, we should probably discuss it as soon as possible.
OK.
Mm.
Right.
Um, come in then.
Right.
Shouldn't, um, take you too long.
Is, um, Lina home? Not yet.
She's calming her mother down, I think.
Right.
I'll just, um Yeah, yeah.
He might get to keep it.
Are you serious? Well the point is, for a charge of theft to be proven, we need to have the 'other' who's been stolen from, and that's going to be the problem.
You've got hundreds of them, haven't you? Well, not yet.
At the moment they're just user names like 'Bigtits69' and 'Boxpounderking,' so, now what we now have to do is convince whoever Boxpounderking is that it's worth outing himself in front of the national media as a member of an adult porn site for the sake of $2.
Yeah.
It's a tough ask, huh? Well, would you go to court if it meant Tate finding out you liked hardcore bondage photos? You've got to be kidding.
She hates getting handcuffed.
It's fun when I tie him up, but that's just teasing.
No, no, she calls it teasing, but - When men do it, it gets ugly.
What do you call it? It's teasing.
Teasing.
She doesn't mind the straight naked stuff, though.
Yeah? Well if it's non-violent, I mean, the legal definition of pornography is material that exists solely for the purpose of sexual arousal and, well to be honest, sometimes sex is all I'm thinking about.
Really? When? Well it's not all the time.
For the two or three days women ovulate, the hormones are so strong that sometimes we can't even hear what a guy's saying.
We cover it well and pretend we're listening, and don't make any sudden movements, but, really, we just want to fuck them.
That's why pornography's been around forever.
Like - like um, in Pompeii, the villa with the picture of the guy with the huge dick, like this big.
Yes, that's right.
You would have loved that at school.
Bet that got you going, yeah? Dick this big! I did well at ancient, yes.
The funny thing is is how it can be so common and so embarrassing.
I don't get it.
But that's just people.
Everyone has to hide something.
You think that you know everything about someone, and then when it's least convenient, you find out you don't.
Human beings are so hopeless.
It's annoying.
And I hate being annoyed.
Make me happy.
Well are you ovulating now? OK.
I might start emailing some of these user names and explain to them the gravity of the crime and how they would be helping rid society of the porn that, ironically, they all enjoy looking at, to appear in court and maybe someone can help us prosecute a very rich, retired, evangelical maths professor.
(Tatum yells excitedly) Yep.
You don't have to stay.
No, that's alright.
May as well hear your reaction now.
(Door closes, Lina sighs loudly) Can you believe my Mum thinks I can just arrange to get charges dropped? Like she's so predic - She - Oh.
Hello.
Hi.
How's your brother? Oh, he's, he's fine.
Wearing it like a badge of honour, little prick.
Why, why is he ? More statements.
The Mervich case.
Ah.
Come and I'll get you a drink.
He's been here for half an hour.
Do you think he thinks him and me, or something? What? Well, he could have emailed.
He didn't have to come over in person, at night, here, to see me, did he? Unless Doesn't he know about cops and the DPP? Is, ah, anything wrong? No, no.
Oh.
Yes.
Lina! Well, Erin was just a little concerned that you might be thinking that she and you could - Not that I'd mind, normally.
It's just we get told a lot that affairs between cops and DPP solicitors are always a temptation, but they never work.
No.
You know, people talk.
There's always rumours of bias and compromise.
It's just dumb.
Mm.
So, not that it was No, it wasn't.
I just thought you should read that stuff now, and see if you still wanted more.
That's the only reason why I'm here.
Oh, OK.
Thanks.
No, it's not a problem.
Five more minutes? Sure, yeah.
That is terrifying.
What? How easily you lie.
You are so conv- We don't have time.
Five minutes? Are you kidding? I could make love to you in a second.
Oh, that's not much of a boast.
Andy? Andy! The SES guy.
Did you read that? Drops Ray home after three days out rescuing that kid, and the boys have bought Ray a slab, and as he walks towards the house - oh hang on, where's the photo? As he walks towards the house, the SES guy says - Oh, where is it? The SES guy says, 'Both girls skipped out to meet him, both in the same sort of dress, with their long brown hair blowing all about them, and I couldn't help thinking, what a lucky bastard!' So, that's what the SES guy said this afternoon, right? But look.
That's how she was when the paramedics answered the 000 call.
So her sister's unconscious, her hubby's dead, she calls for help and then she cuts her own hair? Mm.
Tea? So what's your explanation? She did it.
Ray had been away with the SES for three days, came back, said I want Heather-Marie tonight.
Joanne snaps, bang, kills him.
Then thinks, 'Shit, gotta run, change how I look.
' So she cuts her hair, and then feels guilty about her sister.
And the intruder? Didn't exist.
Alright.
On the strength of this, this afternoon, why don't we ask for a committal date? You got my diary? There is more.
More? Andy found these, to give him his due.
Heather-Marie's MRIs.
That's the recent trauma, but look, three old fractures, all healed.
Still, she lives on a farm.
Could be an accident.
Maybe.
If the whole thing was sibling rivalry, then maybe Joanne hit her.
Still, I see where you're going with this.
Maybe we shouldn't rush it.
Thanks for coming in.
Come into my office.
(Breathy groaning) What? No! I don't want that! No! David! Morning.
I'm going to be with these investigators for the next half hour or so, so, no interruptions.
Of course.
Thank you.
I know I'm the newest one here, but, well, maybe it's because I'm the newest that I wanted you all to know at once.
Um, that night of the Christmas party, I know I didn't do anything, but then we've all said that so obviously one of us is lying.
And I know some of you think that I could be lying now.
My Dad spent $2-million on a tender for a government construction project but lost out because that lying rapist, Quinn, argued against it in Cabinet.
That's why they think I did it.
So now would be a really good time for whoever did do it to own up.
Great.
I finally think I'm going to do the right thing and this is what happens.
Well, look, I've never played the Danny Novak card in my life, but I'm telling you now, whoever it is, if you try to pin this back on me, you will be fucking sorry.
Losing your job, or being disbarred, or going to jail are going to start looking like really good options.
Danny Novak? Yeah, he's - he's a real piece of work.
From memory, something like 17 assault convictions, three underworld murder trials, and got out of all of them.
But that was back in the '80s though, so he's now a respectable businessman, of course.
I shouldn't have, ah- It wasn't a threat.
It was just uncool.
I'd never do it.
He wouldn't, either.
Um, forget it, please.
Tantrum over.
Let's just pretend it didn't happen.
Sorry, I'm just a teensy bit stressed, which is particularly irritating because I had really good sex last night.
What planet is she from? Hate her.
Why does she get really good sex? Richard Stirling's only motive is money, though it'd hardly be the only crime committed for monetary gain.
All five are still persons of interest, though, and we can't rule out Julie Rousseau.
Or Janet King, for that matter.
So where to from here? Someone here knows more than they're saying, and they'll be feeling the pressure.
And they're all talking about it.
So we'll just increase our surveillance and wait.
Well, how do you increase surveillance? I'm afraid that we can't discuss our methodology.
Well, surely you don't mean listening devices? Not here? Well no court will grant you an order to bug the DPP.
That's outrageous! Well, we'll certainly be playing by the rules, so if that's the case, there's no need to panic, is there? But we are investigating how a Minister of the Crown lost his portfolio and his reputation without a fair trial.
Ah, I'm just off to that lecture.
I could be a couple of hours.
OK.
How did it work out? With your brother? Ah, not too bad, everything considered.
He got charged with defacing public property and resisting arrest.
He's still defiant.
Mum's furious.
We'll probably get a court date soon.
Maybe a fine.
But um, thanks for asking, Tracey.
Oh, yes, well, we all make a bad decision now and then.
As long as we learn from it, that's the main thing.
And face the consequences.
JANET: Lina Yes.
.
.
you coming? Of course, Hamas sent a suicide bomber to a shopping mall, and that's what these Israeli missiles are trying to avenge.
It's the usual tit for tat story.
Janet.
Hello.
Ah, Lina, this is Miriam Manse, the AG's Director General.
This is the hot ticket in town, it seems.
Excuse me.
I'll see you inside.
Eli Rosenberg asked her along.
He thought a Jew sitting with an Arab might speak louder than words.
You bothered to look at our Protection Act yet? Yes.
Objectively? I believe so.
Any improvements you'd like to suggest before we table it? Well it's unconstitutional, so I'd rather it wasn't tabled in the form it's drafted.
You're giving a judge the power to lock someone up without a trial.
No, we're giving them the power to keep someone in jail if there's a high risk to public safety.
The original punishment is over.
There has be- The public don't want people like Saif-al-din released.
And every State Parliament has the right to give their judges any power they want.
As long as it doesn't offend the Federal constitution, and locking someone up without a trial does exactly that.
The High Court will bin it.
I'm just putting it out there.
We need to create measures or goals for the prisoners to achieve while they're in custody and then their compliance or not can be a matter for trial and judgement.
The answer's in there somewhere, and I am more than happy to help you find it.
Seriously, happy to help.
You're really loving this, aren't you? No, I'm just trying to suck up to one of the cool girls who won't let me sit with her at lunchtime.
It's ironic, isn't it? Everyone's here to support freeing criminals in the name of peace, and we want to keep them locked up.
Can't you just write what you think they want to read? It wouldn't fool Janet.
So write what you feel, then.
Good thinking, but what do I feel? You feel that just because a man has immense regret for his actions, the fact is, they still led to a loss of life.
Yes, tick.
But every time I watch his interview I think, 'You poor bastard.
' I mean, what's the point in going after you? I mean, I've got to be consistent, don't I? If I'm not consistent, then I've got no authority.
A few weeks ago I'm saying, 'If your actions cause a loss of life, then you need to pay.
' But you weren't just saying that.
Cooper does need to pay.
So, why not this bloke? Because he - He caused a loss of life, too.
It's not law.
OK, I'm not applying the law, and that's why they gave me the bloody case in the first place.
Just go back and apply it.
Good luck.
Thanks.
Um, that was the hospital.
Heather-Marie.
Any change? Yeah, her stats are improving.
She's now 7 on the Glasgow Coma Scale, so it's heading in the right direction.
Good.
That'll help.
Matter of Crown versus Joanne Mervich.
Erin O'Shaughnassy for the Crown, Your Honour.
George Prasses for Ms Mervich.
Thank you, Counsel.
How're we travelling with this? Are we looking at a committal date before Easter? Your Honour, we only received the full brief this morning.
This it? Ah, yes, Your Honour.
I trust you read at a reasonable pace, Mr Prasses? Ah, yes, Your Honour.
And the Crown doesn't plan to drown the defence with a constant flow of witness statements, does it? No, Your Honour.
Although we would like to apply for an adjournment.
Why? Ah.
The defendant's sister was also in the house at the time of the offence.
She has been in a coma since the night in question, but she may soon be in a position to make a statement, which could have a critical impact on the Crown case.
No! We submit that a committal date should not be set until after that statement.
No, wait.
I- I - Can the defendant please be quiet.
Mr Prasses? No objection to an adjournment, Your Honour.
If you talk to her, you've gotta talk to me.
I want to talk to the police again.
Now.
This afternoon.
Before they do anything else, they've got to listen to me.
Not one? No-one? I could keep going.
There are over 300,000 of them.
All in Australia? Ah, no.
Around the world.
Well, we're not going to fly someone out from Mexico to say they've been robbed of two bucks by a bloke in Australia.
No, that's why I've been targeting the dot.
au email addresses.
But there's still over 5,000 of those.
Well, has anyone replied? Ah, about 100 or so.
And no-one wants to put up their hand and say they've been robbed? They're more concerned we might close the site down.
Oh! Is this the porn site meeting? That it is.
Can we do it? Not likely.
Well I could keep trying, but - No, no.
This wasn't one to go to the battlements over.
No cross-border issues.
A defendant who wants to be charged in order to plead not guilty.
Why waste money pursuing the prosecution for larceny when no-one's willing to come forward and say they've been robbed? Well, it's still not going to look good when he goes to the press.
'DPP not so cocksure about prosecution.
' DPP blows off porn thief? Yes, thank you.
I'm sure it will be uncomfortable for a day or two, but we have to base our decisions by applying the rule of law, that's all.
And at least nobody from this department looked at the degrading images on that website.
Ahh, I did.
Except for one solicitor assigned to review the matter.
I think it's an appalling indictment on the standards of modern society.
The Department of Public Prosecutions decides that stealing $700,000 is not a crime worthy of prosecution.
REPORTER: Is that a surprise? It beggars belief, in all honesty.
Did they give you a reason? Just said they couldn't do it.
And that's what my actions will fund.
A public campaign to expose the porn industry and all the arms of government that protect it.
Does David know what's happening out there? Ah, yeah.
TRACEY: And then after I tripped over the cord, which pulled the computer off the desk, then I was overbalancing, and knocked over the orchid, which unfortunately smashed right on top of the computer, and right where the - the important bits are.
You wouldn't read about it, really.
I might be able to retrieve some of the information from the hard drive.
No, no, no, just pick it up and throw it out.
Please.
OK.
I went through all the legal considerations for sentencing, and applied each of them in turn for this particular offence.
Punishment? Well, it's already been self-inflicted.
We couldn't add to that.
And rehabilitation is irrelevant.
I don't even think there's a strong enough case for public expectation, given the circumstances.
Specific deterrence? Irrelevant.
I mean, as if he's ever going to think about doing it again.
General deterrence? Yeah, that was a 50-50.
Should we make the public aware of the consequences? All of those people running in for a quick coffee while the kid's asleep in the back.
Or parking the car to read the paper while the baby's napping.
I mean, surely a conviction here could help prevent further tragedy, right? You could certainly argue that it would.
Yep, you could.
And what about the baby? Doesn't he deserve an advocate too? Sure.
But the assumption behind general deterrent is someone thinking about doing something and then being deterred by considering the consequences.
Which applies here, doesn't it? See, I don't think it does.
See here there was no thought.
And if it happens again, it'll happen whether on not we prosecute Abe now.
So while the facts, they support an indictment for manslaughter, my advice would be not to proceed.
I understand that not pursuing a prosecution might be brave, given the current climate, but I didn't think that that should be a factor.
No.
Nice job though, Ben.
Not sure if I agree with you, but you've given me a lot to think about.
I'm going to let it marinate for a few weeks before announcing my decision.
Thank you.
Just had a call from the AG's department.
Whatever it was you did, well done.
(Giggling) ERIN: Lina? Fuck! Ah, yeah! Just getting changed.
Hey, I thought you had a meeting with Rhys tonight.
Domestics.
He had to go.
Did you get any food? Oh, no.
I didn't know you'd be home.
What's this? Um, Andy came.
Whats-her-name talked to him for two hours this arvo.
Said you're gonna love it.
He didn't stick around this time? Ah, no.
In and out, you might say.
Come on! Come on, come on, come on! So, Joanne, previously you have said you saw an intruder? But now you admit there was no intruder.
Nup.
OK, so what happened? Ray came home? Yeah, with beers.
And? We just got so scared, you know? As soon as we saw the beers, we just thought, 'shit.
' We just knew, see, we, like, knew it.
Nothing we could do, was there? About what? We always copped it worse when he drank.
Didn't matter if we'd done stuff right or not.
So by 'copped it', you mean he hit you? Yeah.
Bashed us up, you know? Brought us into line.
No point playing up around Ray.
He wouldn't stand for nothin'.
Did he hit you often? Yeah, most nights.
One or the other of us, depending on what we'd done, or hadn't done.
Then he'd just do us after that, or just .
.
you know.
Did you ever think about going to see a doctor? Nah.
Said he'd kill us if we saw a doctor.
So when he came back, with the beers, when he laid into me, Heather-Marie, she just - she picked up the boltcutters and she got him.
Heather-Marie did? She got him.
How many times? I don't know.
Lots.
I just screamed for a bit, and then I grabbed her to stop her, and we sort of struggled and she slipped in all the blood and stuff.
And she cracked her head on the table, I think.
Left me with the boltcutters, see? Hm.
And then she wouldn't come to, so I called the ambos and, and then they turned up and that's it.
What, you think she's telling the truth? About who killed him? Who knows? About everything else, all the abuse.
Well, if you don't think you'll get a conviction for murder, say so.
What's the problem? Um, look, I - can I just come clean about something? I can't, sort of, talk properly unless - What? Tracey didn't take you off this because of Tariq.
Rhys asked for me to be on it.
I should have said before, I know, and I've been feeling really bad because I know you'd never keep a secret from me, but that's what happened.
Well, that's OK.
Don't worry about it.
So, Rhys chose me, and he wants me to prepare the case for him to run as a murder trial.
I had to understand the motive so it would make it easier to explain it all to a jury, and yet, now I get it.
Was it murder? I don't know.
If we proceed with the charge, the defence could use all the history of abuse to go for an acquittal on self-defence.
Even though these women had access to a car, they weren't imprisoned, and they could move freely about the community? Their fear was their prison.
Repeated abuse leads to learned helplessness.
It is a classic syndrome.
It's real.
However, in Joanne's interview, she also makes it clear that the boltcutters, a tool used exclusively outdoors, were already in the kitchen.
That strongly argues premeditation, which does, of course, strengthen a case for murder.
I agree.
And so, direct.
Good.
Thank you.
Thanks, Erin.
It's great work.
Mother drugged the kids, suffocated them, then tried to top herself.
How would you like to add another murdering woman to your workload? The one who killed her kids? Got it in one.
You think that my father's some sort of underworld crime boss.
I'm sorry.
Leave your house key on my desk and let me know where to send your stuff.
You are lying! Mr Stirling, you cannot attack your own witness.
You showed him the file? Some bits of the night are a complete blank.
Is that what you told the police? Haven't spoken to me yet.
What? Sometimes they hold off questioning their lead suspect hoping hoping they'll relax and do something to incriminate themselves.
Closed Captions by CSI
Great.
I need some help with it.
The idea's I do it on my own.
Some idiot decided to take Lina off the Mervich case and give it to me.
I'm the idiot who put you on the case.
Do you have anything like a sweetheart neckline with a ballerina hem? I know he's in Mensa.
Baby, will you stop! He's gay.
He's gay.
My wheels are your wheels, brother.
Sweet.
What does (Speaks Arabic) What does that mean? Nothing.
The AG is a total prick, but what you and that memo have done is destroy any chance of him ever going to trial in this country.
£ Theme music £ What do I do stand in a shop £ Waiting for that money to drop £ Stand all day on a concrete slate £ My feet are aching, don't get a break £ What do I do? £ What am I to do? £ What do I do? £ What am I to do? GROUP (Sings): £ What do I do? £ What am I to do? £ Busy morning? Yeah, a couple of directions hearings, then Andy's coming into the office about 11:30.
Can't.
Got a three-day appeal starting this morning.
Well, we've got a mention on Friday.
I know, make sure you're ready for it OK.
They'll probably want to adjourn, so if we want a committal date, we'll have to give them as much as we can.
Yep.
And don't get bossed around by the police.
They had a pretty case on this one, so the brief will be pretty light on.
Nothing surer.
Doesn't mean it stands up.
Facts and motive.
What happened and why.
You have to understand it.
Call me later, yeah? Sure.
Facts .
.
Motive.
Good girl.
Remember, fingerprints are not enough! OK.
We submit, Your Honour, that many circumstances need to be considered in determining an appropriate sentence.
The defendant was being restrained at the time, which induced feelings of fear and panic.
Yes, yes, yes.
And this came at the end of a long argument, during which he'd been subject to many grave and hurtful insults.
Yes, but still, Ms Corvini, to bite a man's nose off? That is a very proximate and personal attack, agreed? Well, of course, Your Honour - One might even say, in your face.
(Lina Laughs) Intended as irony, not humour, Miss Badir.
Apologies, Your Honour.
Apology accepted, this time.
You enjoy your appearance work, don't you, Lina? Sorry if I crossed the line, Judge.
No, not at all.
On recent evidence, you seem to know exactly where the line is, unlike most of your colleagues.
Anyway, thanks for giving me five minutes.
Julie tells me you're Palestinian.
Half, yes.
Mm.
There's a lecture on at the Law Society tomorrow.
A Professor from the Centre for Arabic Studies at ANU is just back from the Middle East.
He's delivering a paper on the issues that amnesties raise for criminal law.
'Trading Justice for Peace.
' With a question mark, for obvious reasons.
Justice with a focus on punishment will never solve systemic international problems.
But amnesties only work, if the goal isn't just to end a conflict, but Establish lasting peace.
Motive, crime, punishment, motive, crime, amnesty.
Which is the more appropriate choice? It's a very difficult balance, of course.
In the interests of flying the flag of peaceful cooperation, I was thinking we could go together.
A Palestinian and a Jew.
Our own two-state solution.
That's what we'd represent, apparently.
And it is hard to say no to a judge.
It still feels weird.
It isn't a date, though.
I'm calling it professional development.
Although, even if it were a date - Oh, please! Well, you are desperate.
When was the last time? Me? What about you? Get me drunk, I'll sleep with anyone, except a cop.
Even I have some sense of propriety.
Yeah, OK, OK! Are you up to speed yet, or do you want Lina to join us? No, I've read it.
So, what happened there anyway? First with her, now with you? What's going on? Don't ask me.
What did Tracey say? It's not about my work, so presumably it's something personal.
With you? I guess so.
Happy in here? Sure.
Just give me a couple to get sorted.
Listen, don't get me wrong, Tracey.
You know, I owe you big time for having had a quiet week or two, but everything on my desk now is really piddling.
It's mostly drugs, mostly pleas.
So, I just thought I'd let you know that if anything harder comes up, I'm ready for it.
In fact, the longer I wait, the worse it gets.
And you could stay objective? Apply proper legal principles and personally write the sort of memos of advice that were attached to your briefs a month or two ago? I'll give it a go.
The police charge is manslaughter.
The defendant caused the death of his own six-month-old son.
Or we could stick with heroin trafficking for a while if that's No, no, no, that's fine.
.
.
confronting.
I can do it.
Got to get back on the bike some time.
So what can the DPP do for you, Professor? I'm here because - have you really finished high school? And university, yes.
How is that possible? No gap year.
Which angers me.
Thanks for bringing it up.
Sorry.
You're forgiven.
So? I'm here because I've committed an indictable offence and I need to be prosecuted.
Have you told the police? Oh, those stupid idiots? Well, you have to go to them first.
They're the only ones who can charge you.
I've tried that.
Well if they haven't laid a charge, we can't prosecute.
Can't you order them to lay a charge? Ahh, I don't know.
Ah, I suppose it depends on what you what the crime is.
Stealing.
OK, what did you steal? $782,000.
Interesting.
$780,000? That's what you get if you hack into a porn site and take two dollars from every member.
Three quarters of a million dollars, in a day.
That's what he said.
Well, is it true though? Well he's gone home to get the evidence.
In other news, he did give me the porn site's URL, which I've forwarded on to everyone.
He did say it's mostly straight stuff, though, so probably isn't your thing.
Unless you want to see what the other half do.
Average suburban dad.
Cops have hit him with manslaughter.
He killed his kid.
Got to figure out what charges the facts sustain and whether to recommend prosecution.
Well, if you want to talk it over some time - Yeah, thanks.
I might see how I go first, but .
.
it's appreciated.
(Microwave beeps) Oh! Oh.
Ow! Oh, come on.
Ah! ERIN: Well, considering Joanne's saying she didn't do it - She did.
But according to her, the attacker was leaving.
There was no attacker, Erin.
It's called a lie.
I know, but to get a conviction, we have to tell a story that makes sense.
And if she did do it, why did she stay around? Because her sister was unconscious.
Look, when the paramedics arrived, they walked in and they found Ray dead in the kitchen, and she hadn't even mentioned him.
Even when they said, 'Who's that,' she just said, 'Oh, that's Ray'.
I know.
And you don't think she did it? No, no, no, that's not - What? Look, before we proceed with murder, I have to get inside her head enough to understand what happened.
I mean, why do you keep bashing someone that hard? Because you don't like them! Isn't it bloody obvious? His brains were all over the kitchen floor, and she was standing there with her fingerprints all over the murder weapon.
This cannot be a hard case to prosecute.
Sure.
But was it about money? Do they inherit the farm? Well, who cares? She did it! Jealousy.
Maybe.
But Joanne's not talking anymore, Ray's dead and the sister's in a medically-induced coma.
I mean, exactly who do you want me to talk to? Anyone who knew anything about them.
Doctors, chemists, hairdressers, whatever.
We have.
They lived there for five years.
They must have known more people than this.
(Laughs drily) If you find something, call me anytime.
I don't care.
Erin, I can't drop everything.
But if we're saying it was jealousy, we need more evidence, Andy.
Although .
.
look, I know this is important to you.
It's going to be huge.
Even the mention.
I have to know I've got the right story.
Tomorrow afternoon? Oh, yes.
What do you want paid leave for? 'Trading Justice For Peace.
' Yes.
And it'll count as two points for professional development.
What's the argument? That if Israel frees all of its Hamas prisoners there'll be an outbreak of peace? Well, I don't know yet.
Well, not after what happened over there yesterday I wouldn't think.
What happened yesterday? Actually, I'm more concerned with here.
And to call a spade a spade, which it looks like I'll have to, supporting political activism is hardly a good look for a Crown solicitor, as I have told you more than once, I believe.
You're lucky it's at the Law Society.
I know why she took it from me.
Tariq.
And his mate with the t-shirt - Muslim radicals, she thought.
And because he is, I am too.
So I've been hoiked off all the high-profile matters.
Anything to stop publicity.
I get it now.
All the facts fit.
Look, Lina - Don't, don't worry, I'm not going to confront her about it.
I just - You know what? You are? I am.
I'm not scared of her.
WOMAN: Hey, Ben, you got a second? What can I do for you? Where were you at 3am last night, Mr McMahon? Well, in bed asleep.
Can anyone verify that? Ah, no, I don't think so.
Why? Sorry, I just need a few minutes.
(Breathy groaning) What is it? Ah, spam.
Just spam.
I hate sperm.
Sperm? Spam.
Sperm.
Spam! Sorry, what? Tracey, I'm not a radical Muslim.
Um, ah, good.
Yeah, and neither is my brother.
I know that's what you're thinking and yes, we believe in a free Palestine and well, if your grandparents wore around their neck the key to their family home, the home that they were illegally evicted from over 40 years ago, you would feel the same way.
Lina.
But that does not make us radicals - Lina! Lina! It just means that we - what? Lina! The car I sold to Tariq was involved in a police chase last night.
Do you know where we could find your brother, Ms Badir? You idiot! Do you even care about what goes on over there, Lina? Beit Hanoun.
Do you remember how pretty it was? And the fact that we stayed there for a few days? Do you mind if I talk to my brother before you take him in? Yeah, no problem.
Listen - Fuck off, Lina! What happened in Beit Hanoun? They shelled one of our schools.
You don't listen to the news anymore? And this is going to help them, huh? At least I'm doing something.
You're going to get fined and lose your licence.
That's all you're doing.
Tariq! You can tell me how to live my life when you stop working for smug white Christians who think that we're nothing but radical militants.
And God knows where they get that idea from.
They're words.
They're just words, OK Lina? They're not bullets.
And if you cared about your family you'd defend us, not prosecute us.
But that's not lucrative enough for you, is it? There were three or four different groups spraying the slogans all over the inner city.
Well, 'stop Israeli genocide' is hardly an incitement to violence.
No, I'm not here wanting you coming down hard on them.
They're just boys.
And students always like protesting, no matter where they're from.
But they are impressionable.
And if a hardened extremist starts looking at them as potential recruits, that would be a worry.
Do we have any hardened extremists? Saif al Din.
Wouldn't you call a man caught with three rocket launchers an extremist? Yes, but isn't he in jail? Due for release on the 1st.
We're not jumping at shadows here, maybe? The Police Commissioner has met with the Premier and they're in furious agreement.
We cannot release Saif al Din in this climate.
We would look totally irresponsible.
But if he's done his time - It's a new Community Protection Act.
Heading for Parliament on Thursday.
It allows the DPP to move for an order keeping anyone in custody if their release is likely to threaten public safety.
And the two of youdrafted this without even consulting us? We don't have to.
Well it might have been the appropriate course of action, given that you've made us the moving party.
Please.
Don't you lecture us on propriety.
Excuse me? We're the government, and we want this to happen.
That's all I'm saying.
No, it isn't.
Janet.
Sorry.
Over-sensitive.
It's a bad habit.
Leave it with us.
Yes.
I do understand where you're coming from.
Thank you.
Thank you.
Oh, come on.
They can't keep someone in jail beyond their sentence.
For one, it's a state-imposed penalty on top of a court sentence, which flies in the face of the separation of powers.
Plus it throws away their responsibility to protect civil liberties as well as social peace! We are trying to build bridges.
I know they're wrong too, but it's just time we took a breath.
They want good headlines, not good law.
Let me deal with it.
I'll be a lot more relaxed if I actually have something to do.
Fine.
But you're going to have to do a lot more than merely win the argument, you're going to have to convince them to change their opinion of you.
At the moment, they think you're the anti-Christ.
Thank you.
The Abe Jackson matter? Yeah.
Let me know what you think.
(Tapping at keyboard) (Breathy groaning) (Groaning stops) Richard.
Professor McLeod's here.
Hey, Richard Stirling.
Oh.
Hi.
Ah, if we just go this way.
Every $2 transaction is taken from an individual credit card number.
But all you've got for the ID information is just a user name and an email address? Correct.
And no-one's complained? What do you think I'm doing? This whole thing is a complaint.
618 million searches a day are about porn.
How does the Western world function any longer? Half the workforce is staring at porn.
OK.
OK.
Has your friend here told you what sort of things are on sites like this? Well, he's gay, so, you know, parallel universe.
But as it happens, I took a look this arvo and it all seemed pretty boring.
Some non-violent erotica, which I don't mind, actually, and yeah, all the other misogynist crap but it's not illegal.
Well, neither's smoking.
But at least it's heavily taxed and all those dollars go back into re-educating people not to smoke.
Well, that's my idea too.
I just need a kickstart with publicity.
And if it's not through the court, I'll go straight to the press.
'Man steals fortune, DPP lets him go.
' Not a good time for that headline, is it? They're yours.
I look forward to being arrested.
Hm? What? Gay? Aren't you? No! Really? Yes! But sweetheart neckline and ballerina hem - Two older sisters.
Seriously! OK.
OK.
Oh, but um, when we're at home, you have to be gay, alright? I'm sorry.
Well, Conrad.
He was a bit jealous about sharing with straight Richard.
Ohh! He can live with gay Richard.
So when you're at home, while you're around us, it'd all in all just be easier if girls weren't your thing.
Work - straight.
Home - gay.
Tatum.
Hi.
Do you have a few minutes for us? Yes.
So would you say that you're spoilt? Some people think I am.
You don't agree? Well, I'm Danny Novak's daughter.
All through high school I was called the Gangster's Girl.
'Don't pick on Tatum, her Dad'll blow up your house!' Ha ha ha.
There's got to be some compensation for growing up with that shit.
Especially since he's not a gangster.
He does have a colourful past.
He married Mum when he was 29.
Ever since then he's been absolutely straight.
Still - your apartment? He bought it, yes.
Prestige car yard where your fiance works.
He owns, yes.
Dolce & Gabbana bag, Chanel perfumes.
Seems he buys you a lot of things.
He's never asked you to do anything for him in return? No.
The morning after the Christmas party, you came in at 5:37.
You didn't log into your computer or use Facebook until 6:01.
I went to the loo, got a coffee, I grabbed the file from Lina's office.
Look, I didn't even know the Attorney General.
I'd never met him.
Nor had my Dad.
He didn't have any reason to ask me to leak anything.
Did he? How'd the interrogation go? Yeah, fine.
MAN: Interview commenced at 1:35pm, in front of Detective Sergeant Stu Fuller and Detective Constable Brummel.
Can you please confirm your name and address? Abe Jackson, 24 Angel Street, Lidcombe.
OK, Abe, you can tell us what happened yesterday? Um, I got up about 7:00.
Pam was already up with little Tom, and I guess we just had the same brekkie as always and um, some toast and juice.
And then the phone started ringing.
Some days are like that when you're in sales.
You, you've gotta talk to the clients, so - so, I, ah, I talked to Pam and she said something like - I don't know, like, um, 'I'll help you out.
' So we headed out to the car and I'm still on the phone, so Pam's carrying Tommy and .
.
and I opened the car door and stay out on the phone, 'cause this guy's just - he's just going on and on about how we ripped him off, and I'm like, 'Well, fine, just bring it back.
' And it goes on like this for a couple of minutes.
So, ah, so Pam, just - she gives me a kiss on the cheek.
She goes, um, 'Have a good day,' and I go, 'You too.
' And she says, 'Don't forget day care,' and I go, 'Sure.
' And then I switch the phone onto loud-speaker and keep talking while I get in the car.
So you drove to work? All the way to work, yeah.
Phone never stops.
It's just one of those mornings.
I guess .
.
I didn't put him in, see? I didn't put him in his car seat.
And it, um, it sort of, um, faces backwards so you can't see it from the mirror.
Didn't hear anything.
I just didn't figure.
I didn't figure anything.
Really.
And I just didn't think he was there.
So, um, all the, ah, spots were taken, so I um, I just parked in the street, just around the side, and I can remember thinking, three or four times during the day, you know, 'Don't forget day care, don't forget day care,' So when it went five, I just ran out, got straight in the car.
I put the, um, put the air con on full .
.
because it had been so hot.
'Cause it smelt a bit.
And um, and when I got to day care, they were like, 'Well, he never got dropped off.
' That kind of threw me a bit.
That was the worst.
That moment when you know - you know what's happened and you think, 'Please, God, just, maybe he's just still asleep.
' You just - you just think, please God, just let him still be sleeping.
And then he had to call his wife and tell her their son was dead because he'd left him in the car.
Can you imagine making that call? So what are you thinking? I don't know.
I mean, his negligence led directly to a loss of life so yeah, we have all the elements for manslaughter.
There's no dilemma about that.
And yet, is a conviction really in the public interest? I mean, he's already given himself a life sentence.
What does our society consider a fair punishment? So whatever I write in the memo of advice, this is David's call though, right? And Tracey knew that when she gave it to you.
It's one of those tricky matters he'll personally review.
It's not your normal 'I agree and so direct.
' They - they really just want to see how you're coping.
If I can I stay calm and apply sound legal advice to all the issues? Correct.
Why do I feel like the kid whose teacher's just told him what's in the exam? You still have to pass the test, though.
(Alarm beeps) (Phone rings) Erin O'Shaughnessy.
Hi! How's it going? Oh, Rhys.
Hi.
Any progress? (Doorbell rings) Ah, well, we had a meeting and I think it went well.
Good.
The police agreed we had to get more statements.
We still think it was a love triangle gone wrong, but, basically, there's a lack of evidence.
And you brought that to their attention? (Doorbell rings) Ah, yes.
What's that? Front door.
Do you want to call me back later? Do you mind? Coming! Don't want your boyfriend catching you talking to me.
As if that would happen.
I mean, there isn't one.
Not that I want to keep anything secret.
Bye, Erin.
We'll talk tomorrow.
Great.
So cool.
(Doorbell persists) What? Oh, hello.
Um, sorry.
I wasn't expecting - No - you said anytime.
Well - And considering how pressing this is, I mean, if you've got time to read this now, we should probably discuss it as soon as possible.
OK.
Mm.
Right.
Um, come in then.
Right.
Shouldn't, um, take you too long.
Is, um, Lina home? Not yet.
She's calming her mother down, I think.
Right.
I'll just, um Yeah, yeah.
He might get to keep it.
Are you serious? Well the point is, for a charge of theft to be proven, we need to have the 'other' who's been stolen from, and that's going to be the problem.
You've got hundreds of them, haven't you? Well, not yet.
At the moment they're just user names like 'Bigtits69' and 'Boxpounderking,' so, now what we now have to do is convince whoever Boxpounderking is that it's worth outing himself in front of the national media as a member of an adult porn site for the sake of $2.
Yeah.
It's a tough ask, huh? Well, would you go to court if it meant Tate finding out you liked hardcore bondage photos? You've got to be kidding.
She hates getting handcuffed.
It's fun when I tie him up, but that's just teasing.
No, no, she calls it teasing, but - When men do it, it gets ugly.
What do you call it? It's teasing.
Teasing.
She doesn't mind the straight naked stuff, though.
Yeah? Well if it's non-violent, I mean, the legal definition of pornography is material that exists solely for the purpose of sexual arousal and, well to be honest, sometimes sex is all I'm thinking about.
Really? When? Well it's not all the time.
For the two or three days women ovulate, the hormones are so strong that sometimes we can't even hear what a guy's saying.
We cover it well and pretend we're listening, and don't make any sudden movements, but, really, we just want to fuck them.
That's why pornography's been around forever.
Like - like um, in Pompeii, the villa with the picture of the guy with the huge dick, like this big.
Yes, that's right.
You would have loved that at school.
Bet that got you going, yeah? Dick this big! I did well at ancient, yes.
The funny thing is is how it can be so common and so embarrassing.
I don't get it.
But that's just people.
Everyone has to hide something.
You think that you know everything about someone, and then when it's least convenient, you find out you don't.
Human beings are so hopeless.
It's annoying.
And I hate being annoyed.
Make me happy.
Well are you ovulating now? OK.
I might start emailing some of these user names and explain to them the gravity of the crime and how they would be helping rid society of the porn that, ironically, they all enjoy looking at, to appear in court and maybe someone can help us prosecute a very rich, retired, evangelical maths professor.
(Tatum yells excitedly) Yep.
You don't have to stay.
No, that's alright.
May as well hear your reaction now.
(Door closes, Lina sighs loudly) Can you believe my Mum thinks I can just arrange to get charges dropped? Like she's so predic - She - Oh.
Hello.
Hi.
How's your brother? Oh, he's, he's fine.
Wearing it like a badge of honour, little prick.
Why, why is he ? More statements.
The Mervich case.
Ah.
Come and I'll get you a drink.
He's been here for half an hour.
Do you think he thinks him and me, or something? What? Well, he could have emailed.
He didn't have to come over in person, at night, here, to see me, did he? Unless Doesn't he know about cops and the DPP? Is, ah, anything wrong? No, no.
Oh.
Yes.
Lina! Well, Erin was just a little concerned that you might be thinking that she and you could - Not that I'd mind, normally.
It's just we get told a lot that affairs between cops and DPP solicitors are always a temptation, but they never work.
No.
You know, people talk.
There's always rumours of bias and compromise.
It's just dumb.
Mm.
So, not that it was No, it wasn't.
I just thought you should read that stuff now, and see if you still wanted more.
That's the only reason why I'm here.
Oh, OK.
Thanks.
No, it's not a problem.
Five more minutes? Sure, yeah.
That is terrifying.
What? How easily you lie.
You are so conv- We don't have time.
Five minutes? Are you kidding? I could make love to you in a second.
Oh, that's not much of a boast.
Andy? Andy! The SES guy.
Did you read that? Drops Ray home after three days out rescuing that kid, and the boys have bought Ray a slab, and as he walks towards the house - oh hang on, where's the photo? As he walks towards the house, the SES guy says - Oh, where is it? The SES guy says, 'Both girls skipped out to meet him, both in the same sort of dress, with their long brown hair blowing all about them, and I couldn't help thinking, what a lucky bastard!' So, that's what the SES guy said this afternoon, right? But look.
That's how she was when the paramedics answered the 000 call.
So her sister's unconscious, her hubby's dead, she calls for help and then she cuts her own hair? Mm.
Tea? So what's your explanation? She did it.
Ray had been away with the SES for three days, came back, said I want Heather-Marie tonight.
Joanne snaps, bang, kills him.
Then thinks, 'Shit, gotta run, change how I look.
' So she cuts her hair, and then feels guilty about her sister.
And the intruder? Didn't exist.
Alright.
On the strength of this, this afternoon, why don't we ask for a committal date? You got my diary? There is more.
More? Andy found these, to give him his due.
Heather-Marie's MRIs.
That's the recent trauma, but look, three old fractures, all healed.
Still, she lives on a farm.
Could be an accident.
Maybe.
If the whole thing was sibling rivalry, then maybe Joanne hit her.
Still, I see where you're going with this.
Maybe we shouldn't rush it.
Thanks for coming in.
Come into my office.
(Breathy groaning) What? No! I don't want that! No! David! Morning.
I'm going to be with these investigators for the next half hour or so, so, no interruptions.
Of course.
Thank you.
I know I'm the newest one here, but, well, maybe it's because I'm the newest that I wanted you all to know at once.
Um, that night of the Christmas party, I know I didn't do anything, but then we've all said that so obviously one of us is lying.
And I know some of you think that I could be lying now.
My Dad spent $2-million on a tender for a government construction project but lost out because that lying rapist, Quinn, argued against it in Cabinet.
That's why they think I did it.
So now would be a really good time for whoever did do it to own up.
Great.
I finally think I'm going to do the right thing and this is what happens.
Well, look, I've never played the Danny Novak card in my life, but I'm telling you now, whoever it is, if you try to pin this back on me, you will be fucking sorry.
Losing your job, or being disbarred, or going to jail are going to start looking like really good options.
Danny Novak? Yeah, he's - he's a real piece of work.
From memory, something like 17 assault convictions, three underworld murder trials, and got out of all of them.
But that was back in the '80s though, so he's now a respectable businessman, of course.
I shouldn't have, ah- It wasn't a threat.
It was just uncool.
I'd never do it.
He wouldn't, either.
Um, forget it, please.
Tantrum over.
Let's just pretend it didn't happen.
Sorry, I'm just a teensy bit stressed, which is particularly irritating because I had really good sex last night.
What planet is she from? Hate her.
Why does she get really good sex? Richard Stirling's only motive is money, though it'd hardly be the only crime committed for monetary gain.
All five are still persons of interest, though, and we can't rule out Julie Rousseau.
Or Janet King, for that matter.
So where to from here? Someone here knows more than they're saying, and they'll be feeling the pressure.
And they're all talking about it.
So we'll just increase our surveillance and wait.
Well, how do you increase surveillance? I'm afraid that we can't discuss our methodology.
Well, surely you don't mean listening devices? Not here? Well no court will grant you an order to bug the DPP.
That's outrageous! Well, we'll certainly be playing by the rules, so if that's the case, there's no need to panic, is there? But we are investigating how a Minister of the Crown lost his portfolio and his reputation without a fair trial.
Ah, I'm just off to that lecture.
I could be a couple of hours.
OK.
How did it work out? With your brother? Ah, not too bad, everything considered.
He got charged with defacing public property and resisting arrest.
He's still defiant.
Mum's furious.
We'll probably get a court date soon.
Maybe a fine.
But um, thanks for asking, Tracey.
Oh, yes, well, we all make a bad decision now and then.
As long as we learn from it, that's the main thing.
And face the consequences.
JANET: Lina Yes.
.
.
you coming? Of course, Hamas sent a suicide bomber to a shopping mall, and that's what these Israeli missiles are trying to avenge.
It's the usual tit for tat story.
Janet.
Hello.
Ah, Lina, this is Miriam Manse, the AG's Director General.
This is the hot ticket in town, it seems.
Excuse me.
I'll see you inside.
Eli Rosenberg asked her along.
He thought a Jew sitting with an Arab might speak louder than words.
You bothered to look at our Protection Act yet? Yes.
Objectively? I believe so.
Any improvements you'd like to suggest before we table it? Well it's unconstitutional, so I'd rather it wasn't tabled in the form it's drafted.
You're giving a judge the power to lock someone up without a trial.
No, we're giving them the power to keep someone in jail if there's a high risk to public safety.
The original punishment is over.
There has be- The public don't want people like Saif-al-din released.
And every State Parliament has the right to give their judges any power they want.
As long as it doesn't offend the Federal constitution, and locking someone up without a trial does exactly that.
The High Court will bin it.
I'm just putting it out there.
We need to create measures or goals for the prisoners to achieve while they're in custody and then their compliance or not can be a matter for trial and judgement.
The answer's in there somewhere, and I am more than happy to help you find it.
Seriously, happy to help.
You're really loving this, aren't you? No, I'm just trying to suck up to one of the cool girls who won't let me sit with her at lunchtime.
It's ironic, isn't it? Everyone's here to support freeing criminals in the name of peace, and we want to keep them locked up.
Can't you just write what you think they want to read? It wouldn't fool Janet.
So write what you feel, then.
Good thinking, but what do I feel? You feel that just because a man has immense regret for his actions, the fact is, they still led to a loss of life.
Yes, tick.
But every time I watch his interview I think, 'You poor bastard.
' I mean, what's the point in going after you? I mean, I've got to be consistent, don't I? If I'm not consistent, then I've got no authority.
A few weeks ago I'm saying, 'If your actions cause a loss of life, then you need to pay.
' But you weren't just saying that.
Cooper does need to pay.
So, why not this bloke? Because he - He caused a loss of life, too.
It's not law.
OK, I'm not applying the law, and that's why they gave me the bloody case in the first place.
Just go back and apply it.
Good luck.
Thanks.
Um, that was the hospital.
Heather-Marie.
Any change? Yeah, her stats are improving.
She's now 7 on the Glasgow Coma Scale, so it's heading in the right direction.
Good.
That'll help.
Matter of Crown versus Joanne Mervich.
Erin O'Shaughnassy for the Crown, Your Honour.
George Prasses for Ms Mervich.
Thank you, Counsel.
How're we travelling with this? Are we looking at a committal date before Easter? Your Honour, we only received the full brief this morning.
This it? Ah, yes, Your Honour.
I trust you read at a reasonable pace, Mr Prasses? Ah, yes, Your Honour.
And the Crown doesn't plan to drown the defence with a constant flow of witness statements, does it? No, Your Honour.
Although we would like to apply for an adjournment.
Why? Ah.
The defendant's sister was also in the house at the time of the offence.
She has been in a coma since the night in question, but she may soon be in a position to make a statement, which could have a critical impact on the Crown case.
No! We submit that a committal date should not be set until after that statement.
No, wait.
I- I - Can the defendant please be quiet.
Mr Prasses? No objection to an adjournment, Your Honour.
If you talk to her, you've gotta talk to me.
I want to talk to the police again.
Now.
This afternoon.
Before they do anything else, they've got to listen to me.
Not one? No-one? I could keep going.
There are over 300,000 of them.
All in Australia? Ah, no.
Around the world.
Well, we're not going to fly someone out from Mexico to say they've been robbed of two bucks by a bloke in Australia.
No, that's why I've been targeting the dot.
au email addresses.
But there's still over 5,000 of those.
Well, has anyone replied? Ah, about 100 or so.
And no-one wants to put up their hand and say they've been robbed? They're more concerned we might close the site down.
Oh! Is this the porn site meeting? That it is.
Can we do it? Not likely.
Well I could keep trying, but - No, no.
This wasn't one to go to the battlements over.
No cross-border issues.
A defendant who wants to be charged in order to plead not guilty.
Why waste money pursuing the prosecution for larceny when no-one's willing to come forward and say they've been robbed? Well, it's still not going to look good when he goes to the press.
'DPP not so cocksure about prosecution.
' DPP blows off porn thief? Yes, thank you.
I'm sure it will be uncomfortable for a day or two, but we have to base our decisions by applying the rule of law, that's all.
And at least nobody from this department looked at the degrading images on that website.
Ahh, I did.
Except for one solicitor assigned to review the matter.
I think it's an appalling indictment on the standards of modern society.
The Department of Public Prosecutions decides that stealing $700,000 is not a crime worthy of prosecution.
REPORTER: Is that a surprise? It beggars belief, in all honesty.
Did they give you a reason? Just said they couldn't do it.
And that's what my actions will fund.
A public campaign to expose the porn industry and all the arms of government that protect it.
Does David know what's happening out there? Ah, yeah.
TRACEY: And then after I tripped over the cord, which pulled the computer off the desk, then I was overbalancing, and knocked over the orchid, which unfortunately smashed right on top of the computer, and right where the - the important bits are.
You wouldn't read about it, really.
I might be able to retrieve some of the information from the hard drive.
No, no, no, just pick it up and throw it out.
Please.
OK.
I went through all the legal considerations for sentencing, and applied each of them in turn for this particular offence.
Punishment? Well, it's already been self-inflicted.
We couldn't add to that.
And rehabilitation is irrelevant.
I don't even think there's a strong enough case for public expectation, given the circumstances.
Specific deterrence? Irrelevant.
I mean, as if he's ever going to think about doing it again.
General deterrence? Yeah, that was a 50-50.
Should we make the public aware of the consequences? All of those people running in for a quick coffee while the kid's asleep in the back.
Or parking the car to read the paper while the baby's napping.
I mean, surely a conviction here could help prevent further tragedy, right? You could certainly argue that it would.
Yep, you could.
And what about the baby? Doesn't he deserve an advocate too? Sure.
But the assumption behind general deterrent is someone thinking about doing something and then being deterred by considering the consequences.
Which applies here, doesn't it? See, I don't think it does.
See here there was no thought.
And if it happens again, it'll happen whether on not we prosecute Abe now.
So while the facts, they support an indictment for manslaughter, my advice would be not to proceed.
I understand that not pursuing a prosecution might be brave, given the current climate, but I didn't think that that should be a factor.
No.
Nice job though, Ben.
Not sure if I agree with you, but you've given me a lot to think about.
I'm going to let it marinate for a few weeks before announcing my decision.
Thank you.
Just had a call from the AG's department.
Whatever it was you did, well done.
(Giggling) ERIN: Lina? Fuck! Ah, yeah! Just getting changed.
Hey, I thought you had a meeting with Rhys tonight.
Domestics.
He had to go.
Did you get any food? Oh, no.
I didn't know you'd be home.
What's this? Um, Andy came.
Whats-her-name talked to him for two hours this arvo.
Said you're gonna love it.
He didn't stick around this time? Ah, no.
In and out, you might say.
Come on! Come on, come on, come on! So, Joanne, previously you have said you saw an intruder? But now you admit there was no intruder.
Nup.
OK, so what happened? Ray came home? Yeah, with beers.
And? We just got so scared, you know? As soon as we saw the beers, we just thought, 'shit.
' We just knew, see, we, like, knew it.
Nothing we could do, was there? About what? We always copped it worse when he drank.
Didn't matter if we'd done stuff right or not.
So by 'copped it', you mean he hit you? Yeah.
Bashed us up, you know? Brought us into line.
No point playing up around Ray.
He wouldn't stand for nothin'.
Did he hit you often? Yeah, most nights.
One or the other of us, depending on what we'd done, or hadn't done.
Then he'd just do us after that, or just .
.
you know.
Did you ever think about going to see a doctor? Nah.
Said he'd kill us if we saw a doctor.
So when he came back, with the beers, when he laid into me, Heather-Marie, she just - she picked up the boltcutters and she got him.
Heather-Marie did? She got him.
How many times? I don't know.
Lots.
I just screamed for a bit, and then I grabbed her to stop her, and we sort of struggled and she slipped in all the blood and stuff.
And she cracked her head on the table, I think.
Left me with the boltcutters, see? Hm.
And then she wouldn't come to, so I called the ambos and, and then they turned up and that's it.
What, you think she's telling the truth? About who killed him? Who knows? About everything else, all the abuse.
Well, if you don't think you'll get a conviction for murder, say so.
What's the problem? Um, look, I - can I just come clean about something? I can't, sort of, talk properly unless - What? Tracey didn't take you off this because of Tariq.
Rhys asked for me to be on it.
I should have said before, I know, and I've been feeling really bad because I know you'd never keep a secret from me, but that's what happened.
Well, that's OK.
Don't worry about it.
So, Rhys chose me, and he wants me to prepare the case for him to run as a murder trial.
I had to understand the motive so it would make it easier to explain it all to a jury, and yet, now I get it.
Was it murder? I don't know.
If we proceed with the charge, the defence could use all the history of abuse to go for an acquittal on self-defence.
Even though these women had access to a car, they weren't imprisoned, and they could move freely about the community? Their fear was their prison.
Repeated abuse leads to learned helplessness.
It is a classic syndrome.
It's real.
However, in Joanne's interview, she also makes it clear that the boltcutters, a tool used exclusively outdoors, were already in the kitchen.
That strongly argues premeditation, which does, of course, strengthen a case for murder.
I agree.
And so, direct.
Good.
Thank you.
Thanks, Erin.
It's great work.
Mother drugged the kids, suffocated them, then tried to top herself.
How would you like to add another murdering woman to your workload? The one who killed her kids? Got it in one.
You think that my father's some sort of underworld crime boss.
I'm sorry.
Leave your house key on my desk and let me know where to send your stuff.
You are lying! Mr Stirling, you cannot attack your own witness.
You showed him the file? Some bits of the night are a complete blank.
Is that what you told the police? Haven't spoken to me yet.
What? Sometimes they hold off questioning their lead suspect hoping hoping they'll relax and do something to incriminate themselves.
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