Janus (1994) s01e05 Episode Script
Judgement Amongst Short Men
MAN: But in this day and age, we must take into consideration a number of additional factors surrounding the offence.
In my view, the probable emotional impact on the victim of forced oral sex is much less a factor in this sentencing, therefore lessening the severity of the crime.
However, it would have been a terrifying occurrence, particularly as a knife was used.
This goes beyond what prostitutes would view as an acceptable risk in their profession.
We live in a society whose laws can be traced back to the 'Domesday Book', and it is beholden upon me WOMAN: It's not that bad.
We can appeal.
I don't understand why he only gave him 12 months.
The man's a dickhead.
Maybe he just can't add up.
Remember, they can't publish your name.
Let them film you.
They can't use it.
They can't publish anything that will identify you, not even the judge's name.
Just walk on and ignore them, OK? Was the sentence too light? Is there going to be an appeal? Did the judge give you a hard time because you're a prostitute? Was that why they failed to convict on all the charges? MAN: That's the judge.
MAN 2: Where? In the red car! Get close.
Get some shots.
Oh! What? I missed an inspection.
(MUFFLED VOICES IN MONITORING ROOM) WOMAN: Oh, that bloke's coming out of the house.
She's giving him something.
A little bundle $200, I said.
I thought for $200 I'd get a palace.
They show me this thing in rock ape country.
There were semen stains on the stairs! The owner said the carpet was being cleaned tomorrow.
There were bloodstains.
I'm sure someone had been murdered.
TINA: You don't get much for $200.
195, they wanted.
What did we get? What process is there to argue when the process was nolled? And your bloody mate gave him 12 lousy months! I'll call him tomorrow and sort it out.
OK, see you then.
'Bye.
My bloody mate? Did you understand his charge to the jury? I was counting the double negatives.
I got up to 35.
The victim did say she was less concerned about the dick in her mouth than the knife at her throat.
It's not what she meant.
She meant the dick wasn't going to kill her.
The knife was.
Was a loaded weapon, wasn't it? No, actually.
Ha-ha.
That caused the problem.
It looked loaded, but nothing was forthcoming.
The sentence was light, but she is a prostitute.
We have different laws for different women? A dick in the mouth for her must be less traumatic than for some 14-year-old innocent.
You always defend your mates, Vic.
I do not! Wynn's putting Vic up for his golf club.
Come on! Read your little mate's charge.
Then tell me what you think.
What he says bears no relationship to the actual sentence.
I hear defence is appealing.
Excuse me! On what grounds? Severity of sentence.
I just saw Alan at Domino's.
(VOICES ON SURVEILLANCE RADIOS) WOMAN: He's waiting for someone to pull out.
He's pulling into it.
(BUTTON CLICKS) REPORTER: The 25-year-old East Doncaster electrician, who had earlier been convicted of numerous charges, including one count of rape of a prostitute, was sentenced today at the County Court.
Is that Frank's car? MANOULIS: Yeah.
You mean Frank was the judge? He regarded the offences to be at the lower end of the range of seriousness.
Rape, it seems, was less traumatic for a prostitute than for a chaste woman.
It's a joke! They get over 12 months for drunk driving.
She said the rape didn't worry her, it was the knife.
12 months? Vic, he held a knife at her throat and raped her! I read the sentencing remarks, Dianne.
You say Frank said all the right words.
The evidence suggests otherwise.
(PHONE RINGS) Because of the way they put it.
They're only quoting half of what he said.
They should criticise the sentence, not his bloody comments.
Give the man a break.
Manoulis.
Oh, just the little woman giving me a hard time.
"Rougher than usual handling", you reckon? Where are you? (Laughs) Mate, you don't want to know.
Jan's tried.
Kirsty's not going anywhere without Mal or Shirl.
The family's sticking together like glue.
Mate, if Rhonda had her way, Kirsty would be dead and buried by now.
Only thing stopping her is Shirl.
(Rhonda speaks angrily) She's a cow! KIRSTY: Don't tell me what to do.
She's been subpoenaed.
She's got to front.
Otherwise we'll charge her with perjury.
(Shirl nags) MAN: Listen to the old bitch! Lmagine having Shirl as a mum? SHIRL: Mal, go with her.
Doesn't sound optimistic for tomorrow.
Alright.
Hang on a second.
He says that she's either for us or against us.
Don't you love lawyers? Everything's so black-and-white.
Give him to me.
Hang on a second.
SHIRL: Keep a civil tongue in your head, you hear me? Sitting by the fire, are you? Feet up? Good dinner? Oh.
Dianne rattled up some Thai.
Isn't that nice? Look, mate, I don't reckon she's gonna tip in for us.
No way.
SHIRL: You expect her to stand up for you in court, you better pep up your act.
RHONDA: Just keep her out of my way.
Alright.
'Bye.
Cops never cease to amaze me.
You have a perfectly good personal conversation with them.
They go back to talking about work, it's all 'youse' and 'matey' and bad grammar.
Is it just me? Do you notice it too? I don't work with them, darling.
Hmm.
Morning.
G'day.
Hey, you gonna call Kirsty? Haven't decided yet.
She somersaulted you last time.
She'll do it again.
I heard you got rolled the other day.
Must've hurt.
All evens out in the end.
G'day.
It's me.
I just saw Kidd.
He's got something planned, I'm sure of it.
Well, I must've missed something.
I must've.
Maybe he wants a pregnant girl up there to get some sympathy.
No, I don't trust her - not after last time.
He's meeting me here.
Yeah - about 10 minutes.
OK, 'bye.
My first culpable, I draw Jacoby.
(PHONE RINGS) Manoulis.
Culpables are unlosable.
Oh, thank you very much.
Right.
I'll send someone down.
Don't go away.
Nance, can you go downstairs and get Peter? Thanks.
Who's defending? I don't know.
All I know is I've got a judge who's limited intellectually.
Seriously, if I put an argument to him, he won't understand it.
His tippie knows more, and I'm not complimenting his tippie.
This is not your standard culpable, Vic.
If I was on a jury, I'd give this bloke the benefit of the doubt.
The kid he killed running across the road was 15 and half-cut.
You could argue both ways.
Have you read Bellion? No, I'm leaving him till last 'cause he's the expert.
Rhonda Hennessey - the attempt to pervert's today.
Yeah.
I'm not overly optimistic.
Who's hearing it? Grossman.
At least he's got a brain.
Did you read Wynn's sentencing reasons? Yep.
The sentence was definitely too light - way too light.
Don't know what he was thinking of.
Your membership, probably.
They did a job on him last night, though, didn't they? Bet that made you happy.
I thought they treated him very shabbily.
Wynn? Stuffed up his maths with that sentence of yours.
Don't suck up to a Crown prosecutor, Peter.
It's most unattractive.
The problem with judges is they are all wilfully short men.
Did you hear Linda Samson carrying on the other day? "All judges under 5'5" should be euthenased"? That'd leave Degroote and Winston-Jones.
They may be tall, but in their minds (Peter growls) Anyone calls, I'm back in an hour.
This one's opposite Housing Commission flats.
I drove past the other day.
They were all in moccasins.
Shocking.
Up two flights of stairs.
Serves you right for leaving Brian.
He got the house! You said he could have it.
I was feeling guilty.
Aha! See you later.
WOMAN: There they are, in the taxi.
MAN: Get over here! MAN 2: G'day, Shirl.
How about a reaction for the news, love? That makes me feel really confident.
What a lovely picture - she-cat licking all the kittens.
This way, Mrs Hennessey.
Thank you.
Tears at the heartstrings.
Oops! MAN: Are you feeling confident today, Mr Manoulis? WOMAN: How long will this case run? No comment.
Mr Manoulis, do you expect the Director to make any comments on this trial? Mr Manoulis? A little more publicity, you might be the Director! Reporter.
Must have the wrong day.
They only appear for the sentence.
He's after a personal profile.
Want me to show him your best side? I save that for Dianne.
G'day.
How are you? Alright.
Got all the body parts? Left hand's still missing.
You've just got to say what you saw happen.
I should've been told.
Should've told me who she was.
Jesus, the bloody Hennesseys! It's OK.
You're with us.
He did it, didn't he? He killed those cops.
He was acquitted.
This case has nothing to do with Mal Hennessey.
Here.
Use the stairway.
Hang on.
Phil.
Want me to pat him down? Shit, no.
I want him sweet in the box.
No worries.
See you.
Morning.
Time to have a look at your statement again, please? She comes up OK, considering.
How old do you reckon she is? Mutton dressed up as lamb's always mutton dressed up as lamb.
Catch 'The 7:30 Report' last night? They got right into the high cost of barristers.
Yep.
I reckon I'm worth it.
Yeah? $1.
50 an hour sounds like a fair rate.
Thanks, Jack.
How is he this morning? Bit toey.
Not that thrilled with the reception Judge Wynn got.
Can't say I was either.
Alan said he was appealing.
I couldn't believe that.
I told him to leave while he was on a high.
What's Scoop doing here? Probably got lost.
Be another five minutes.
WYNN: I was so careful, Dan.
It was a delicate area.
I went to such lengths to make sure they understood that the nature of her profession didn't diminish her worth as a person.
I even explained how attitudes have changed over the years, not just socially, but legally too.
That's not the impression they gave last night.
It had nothing to do with her being a prostitute.
The question was, did he cause her fear and terror? The media didn't attempt to get their facts straight.
Look, I know it shouldn't, but honestly, it really rocked me.
It's the way they're now all picking apart your charge to the jury that worries me.
If it was just your adding up, sentence was all they were looking at I'd have another look at that charge.
Maybe in trying to be fair, you rammed home she was a prostitute, achieved the opposite result you wanted.
You think the sentence was too light.
Quite frankly, yes.
Hi, Frank.
How are you coping? Do they ever get it right? Ready upstairs.
What court? Want my opinion? Not particularly, Rose.
Rape victims - most of them make it up.
If she'd been paid, she never would've reported it.
The man screwed her.
In a manner of speaking.
Call me ideologically unsound.
Chin up.
Look on the bright side - they can't mention your name.
Woman makes a living doing blow jobs.
It makes a mockery of the whole system! (Talks quietly) GROSSMAN: Is that the amended presentment? Yeah, thank you, Your Honour, for the indulgence of the court.
I apologise for the delay.
I wouldn't be too hard on yourself.
(Clears throat) Members of the jury, it's your duty to weigh up the evidence I'm about to present to you.
And it's your duty, at the end of the day, to decide whether you believe the Crown has proved the charges against the accused beyond reasonable doubt.
Any questions you might have during the proceedings are to be directed to His Honour.
It's his job to direct you on relevant law.
But you are the judges of the facts.
Now, the Crown brings the case.
And it's only fair that, as the Crown brings the case, the Crown should prove the case.
Defence doesn't have to do anything.
In fact, my learned friend here, Mr Michael Kidd, if he chooses, can say nothing at all, because he's got nothing to prove.
I have.
On March 13, Ms Kirsty Nichols had gone to the Melbourne Magistrates' Court to give evidence in a drug-related case against Mr Malcolm Hennessey - the brother of her boyfriend at that time.
Now, Ms Nichols was under enormous pressure on that morning.
Security at the court was very tight.
It's the Crown's contention that as Ms Nichols made her way to the entrance of Court number 4, the accused, Ms Rhonda Hennessey, threatened Ms Nichols, with the serious intention of stopping her from giving her evidence in court.
By doing so, Rhonda Hennessey attempted to pervert the course of justice.
Now, this is a very grave charge indeed and one that strikes at the very heart of our legal system.
Now, a number of people witnessed the offence that morning at court, and they will be here to testify as to what they saw.
Ms Jan Murray, a detective senior constable with the Victoria Police, was accompanying Ms Nichols into the court.
And she will swear that she saw the accused approach Ms Nichols rapidly and call out to her (Coughs repeatedly) "You stupid bitch.
You slut.
"You're going to get knocked for this.
" How's it going? Discounting putting Tony on a leash - the man's got a chronic case of the wanders.
It's driving me nuts.
He does not want to be here.
And how's Kirsty? She really wants to be here.
The sooner she gets on, the better.
The more time she's got to think, God knows what she'll do.
Just going for a ciggie.
Hang on.
He might do a runner.
Get that connie to sit on her.
Remind him not to discuss the case.
PETER: Phil, could you just PHIL: Yeah, sure.
Don't speak about the case.
I've got to have a pee.
She won't be long.
Yeah, right.
You try telling the kid that.
I've got to do it when he wants.
I'll wait outside.
It's OK, love.
I'll take her.
No problem.
She's me daughter-in-law.
I don't want to do this, Mum.
Love, you've got no choice.
I told you.
You jack 'em up or change your story, they'll charge you too.
Just play it down.
Say you can't remember.
Don't let that one get to you.
She's what's upsetting you.
They play games, work out your weak spots.
You just remember - Steve loves you.
You just tell the truth, love, alright? Got no choice about that, has she? Couldn't have put it better myself.
No hard feelings, love.
You've got a job to do - I know that.
You go and pop back outside, alright? I love my girls.
I don't wanna see either of 'em inside.
Can you understand that? This thing's gone too far as it is.
There's the kiddies to think of too.
That's what I've been telling Kirsty all along, Shirl.
I don't want her stressed - she's pregnant.
It's not good for the baby.
You got problems, be much better you dealt with me.
You understand? Shirl barely saw half his opening to the jury.
There's nothing of value she can pass on.
Our connie needs his arse kicked, though.
Kirsty should get on any minute.
Sooner the better.
Tell Vic short and sweet should be the go.
Which way to 18? I know that bloke.
Toby Cummings.
He briefed Kidd on a matter some years ago.
I was the informant.
Shit! I do not like having my court treated this way.
This is clearly business that should've been discussed before the jury was empanelled.
I apologise for appearing late and unrobed, Your Honour, but I was only retained by Ms Nichols late last night.
That doesn't explain why you weren't here hours ago.
Even with the best of intentions, Your Honour, a semitrailer dropped its load in front of me.
This is a stunt.
GROSSMAN: Very well.
Go on.
I have with me a medical certificate which indicates Your Honour is aware of Ms Nichols's condition? Hard not to be, Mr Cummings.
It is her doctor's belief that Ms Nichols is far too stressed to give evidence today and, in fact, for the next few weeks.
It is his candid opinion that the risk to Ms Nichols's pregnancy is quite considerable.
Been pregnant for six months.
All of a sudden, she sees her doctor.
He set this up because he doesn't want her in the box.
I'm not sure I do either.
Mr Cummings has no right to be heard in this matter, Your Honour.
It is up to the Crown to call witnesses.
We weren't informed of this.
I'd like to know why.
I told you.
MANOULIS: Seems to me it's obvious why we weren't told.
GROSSMAN: This may well be the case, Mr Manoulis.
However, having said that, I need not remind you, health of a witness is a serious matter.
As we are now aware of this medical certificate, we must deal with it.
Your Honour, if this matter could be stood down briefly, I'm sure my learned friend and I could sort this out between us.
I'll bet.
GROSSMAN: You've got 10 minutes.
JACK: All stand.
Go out and see what Jan thinks.
It's all news to me, Vic.
Whatever you choose to do is fine, but if there is a health problem, you've got to look after it responsibly.
Thanks for telling me my job.
If there's risk to the health of the baby No-one intends putting Ms Nichols's baby in jeopardy.
What's this about stress? That girl's tough as old boots! Shirl's got a doctor in her pocket.
Without Kidd's knowledge? No.
If this was genuine, they would've done something earlier.
If she's in the box, we risk repeating the last disaster.
Who's paying Kidd? It's Shirl.
He's not working for Rhonda.
He's working for her.
She doesn't want either of them in jail.
The man is stuffed! Either way, he loses.
That's what I'll play on.
Even if Kirsty's all over the place, I'm still winning.
We've still got four other witnesses.
Alright? GROSSMAN: She swoons in the box, Rose, I'll have Vic's balls.
ROSE: Women haven't swooned since the last century.
For goodness sake, Dan, the girl's pregnant, not sick.
It's a stunt and you know it.
Have we reached some sort of amicable agreement? MANOULIS: We have, Your Honour.
The Crown sees no reason why Ms Nichols should not give evidence, provided all due care and consideration's taken.
My instructor will make sure the police surgeon and first-aid facilities are on stand-by.
You're happy with this, Mr Cummings? I am, Your Honour.
As it's close to 4:15, I suggest we reconvene in the morning.
Bring the jury back in.
(Knocks on door) Will you go and explain everything to Kirsty, just tell her what's happening? Sure.
GROSSMAN: Mr Foreman, ladies and gentlemen, you are now discharged for the day.
You are not to discuss this matter outside the court, nor with anyone other than other members of the jury.
ROSE: All stand.
This honourable court stands adjourned until 10:00 tomorrow morning.
Shane Whittey from the 'Herald-Sun', Mr Manoulis.
If you've got a moment You're keen.
Pardon? You blokes usually nick off the moment the story's on the table.
What was the basis of the medical certificate? Stress.
Standard bullshit.
Still, has to be taken into account.
ROB: That's under control.
Yeah.
Sorry.
Thanks.
He's from '60 Minutes', is he? He's OK.
Shirl's out in the corridor bitching away.
She's not impressed.
I wouldn't be either.
That little episode must've set her back $2,000.
(Both laugh) Hey, think his editor knows where he is? Listen, he actually cares, right? Lt'll be knocked out of him soon enough.
What did you tell him? Just that you're an arsehole.
Nothing much.
What about you two? You seemed to be having a great old time.
I gave him Shirl's phone number.
No, he wanted to know the basis of my jury selection.
So do I! That's what I told him.
MAN: The way they've been making it out in the papers is like we didn't convict him because she was a prostitute.
That's just not right! You wanted to convict him on all charges? Yes, I did! We all did! We thought Judge Wynn's direction meant we weren't allowed to convict on all.
It was the way he put it.
It was so difficult to understand.
I guess at the end of two days we were just all confused.
(KNOCK AT DOOR) Judge Wynn took two days explaining a point of law to the jury? It was a complicated issue, but he didn't make it any clearer.
Judith told me they mentioned your name.
I came straight over.
I still can't believe he'd breach the act.
The sheer arrogance! I thought they understood.
I went to such pains to make sure they'd understand.
This is turning into a nightmare.
Talk to Zamel.
He'd be best for this.
He's very open.
Terrific brain.
The best of the Supreme Court boys.
It was so difficult, Dan.
At least get your position clarified.
He was a family man.
It was a first offence.
He had no priors.
A custodial sentence for him.
12 months.
He'd do it hard.
That was my reasoning.
That it would have the same impact as twice as much for most in this territory.
(CAR STARTS) MALE NEWSREADER: The Premier has expressed concern about the leniency of sentencing for crimes against women.
At a press conference last night, he said the 12-month sentence handed down by a County Court judge in a recent rape case involving a prostitute was manifestly inadequate.
PREMIER: Some judges need to be educated.
It's palpably obvious that many are out of touch with public opinion.
(Sighs) The law cast as victim.
Cheer up, Frank.
You'll get us all a bad name if you wander around looking morose.
I'd feel somewhat jollier if I'd had some degree of support from certain quarters.
Your Chief Judge has his own and everybody else's position to consider before making a statement.
Don't be too hard on him.
Still, his silence lends itself to ambiguity somewhat.
I heard the police are schlepping last night's breach across to the DPP.
Summary offence? I'd have thought they'd have kept it in-house.
Not if they see it as important.
Victims aren't going to report rapes unless they can be guaranteed anonymity.
The police know that.
I don't know what comfort I can offer.
I've only had the briefest look.
But if it helps, I can't see that you've erred in your direction as to the law.
You're worried a successful appeal will lead to a retrial.
I don't see where they've got grounds.
I'd say, if anything, you were over-careful.
(WALK SIGNAL BEEPS) There he is! Quick, get a close-up.
MAN: Judge Wynn, will there be backlash decisions? Is it true is it true that? Hard to predict how long these things take.
Why's she on first? She's gotta hang around anyway.
No skin off her nose if I'm first.
I didn't think you'd be so keen.
What's your hurry? Sooner I'm in, sooner I go.
Got problems of me own.
Been here long? 15 minutes.
If Your Honour would bear with me for a moment.
GROSSMAN: Very well, Mr Manoulis.
Don't take too long.
Super-mild.
On a health kick, Shirl? You stupid bitch! You bitch! Stu pid bitch! You jack's moll! You're gonna get knocked for this, you bloody (Echoes) Don't you listen to her, love! Are you comfortable? Thank you.
MANOULIS: Please continue, Ms Nichols.
Rhonda was upset.
She and I have never got along too well.
We always argue, you know.
Please return to the events in question.
Well, I saw her walking towards me.
And she said I really can't remember too well.
MANOULIS: Try.
KIRSTY: She said "If you say anything, you're gone - dead.
" Sort of.
Did she say anything else? Um "The boys know.
"The boys know where you're living.
" That sort of thing.
I don't know MANOULIS: "The boys know where you're living" - what did she mean by that? It's an irrelevant question.
Simply impossible to answer, Your Honour.
KIRSTY: All this is just crazy.
Rhonda and me, we fight all the time.
Ms Nichols, counsel asks the questions and you must confine yourself to answering them.
That way, you'll be finished a lot quicker.
Who else was present outside the Melbourne Magistrates' Court when all this occurred? What do you mean? Were you alone with Ms Hennessey? No, Jan was there.
Detective Murray.
Plus a few other coppers I didn't know.
There were lots of people.
I really can't remember too well.
Your Honour? If I could ask for the jury to be absent while I raise a point of law.
KIDD: First he wants her in the box, now he wants to declare her hostile, just because she isn't saying what suits him.
He can't have it both ways, Your Honour.
If I could refer Your Honour to Ms Nichols's police statement.
Whilst I can see she's swearing up to it in some regards, it is my submission that she's being deliberately evasive on key issues, to such an extent that I believe the Crown is entitled to cross-examine her.
I don't think she's gone that far.
I don't see what you gain by hostiling the witness either.
GROSSMAN: I concede you're having some difficulty, but you'll have to battle on regardless.
If Your Honour could just give me five minutes to collect my thoughts.
We could all do with a break.
JACK: All stand.
This honourable court stands adjourned for five minutes.
The man is an idiot.
All he's worried about is her bloody waters breaking in his courtroom.
Anyone else he would have hostiled straight off.
Go and see how the rest of our motley crew of witnesses are going.
Feeling full of yourself today, are you, girlie? Smokers' paradise, eh? Yeah.
Look a bit nervous, mate.
Yeah, I'm jumping in the box against the Hennesseys.
That's no good.
Want a little taste just to see you through? You got something? Sure have.
Oh, cool! There you go.
Thanks.
Hey! Look, I don't have You'll need this too.
Excellent! Bot a fag off you, mate? Yeah, sure.
All this must be exhausting for you in your condition.
I'll try not to take too long.
Now, you live at Kingsley Crescent, South Melbourne? Yes.
Who else lives there? Rhonda Hennessey.
You live in the same house as Rhonda Hennessey, who you said threatened to kill you? Yes.
And you're still alive? (LAUGHTER) KIDD: Well! You two often argue, don't you? KIRSTY: Yeah.
KIDD: Would you tell this court, what sort of things do you argue about? Everything.
I dunno.
Cooking, shopping? She never does any cooking.
She never does nothing round the place.
So, when Rhonda Hennessey threatened you, you didn't take that threat seriously, did you? No.
I knew she wouldn't do anything.
Not Rhonda.
KIDD: No further questions, Your Honour.
Tell Jan to get her little drug informer on the blocks.
This shouldn't take too long.
Just a couple of matters I'd like to clarify, Ms Nichols.
How long have you been living at Kingsley Crescent? About six years.
Were you living there at the time of this incident? No.
KIDD: No.
When did you move back in? KIRSTY: Soon after, I guess.
My friend is meant to be re-examining the witness, not leading her.
So, soon after you were threatened by Rhonda Hennessey.
Exactly how soon after? Could it have been on the same day? KIRSTY: I can't remember.
Don't tell me.
I don't want to know.
Little bitch! Where's our other star witness? Toilet.
Zip in and hurry him up.
What do you think? Can he cope with Kidd? If he shuts up long enough to hear him ask the question.
Tony! TONY: I'll just be a minute.
Come on.
Oh, no! Oh, you little shit! Hello.
Give me a few minutes, will you? GROSSMAN: How long do you anticipate taking with this next witness? I'm trying to get an idea when we might break for lunch.
MANOULIS: 10, maybe 15 minutes tops.
I imagine it being pretty straightforward.
TONY: I didn't want to come! I told you! I won't know for sure until I hear what he has to say.
Are you anticipating some divergence from his statement? TONY: No way! Well, there are some KIDD: I do have some problems with his original statement, yeah.
TONY: Sign my own death warrant?! The bastards will kill me if I go! I'll be a dead man! Don't you know what they do to informers? I think a 10-minute break might be in order.
Let the jury freshen up, stretch their legs.
Thank you, Your Honour.
JACK: All stand.
They caught him shooting up in the loos.
He's off his face.
Christ Bloody Hennesseys! They're cop-killers! Hands off.
She's a bitch! Can he still give evidence? Forget it.
Sorry.
I was too worried he'd do a runner.
I should've sent someone in with him.
That's what she said to her! They'll kill me.
He's off the air.
He's no good to us.
Can't you stick his head under a tap? Come on! I could charge the shithead.
Oh, come on! Yeah, do it.
Come on, please.
Just finish it.
I'm no good.
Please.
Unless you want to be a witness, I'd get out of here, if I were you.
(All talk and laugh) Alright, we've got no choice.
We scrub Tony, we call Jan straight in, alright? I'll tell her.
Ready? Had a migraine? I can get you a medical certificate.
Ha-ha.
Send me the bloody bill.
MANOULIS: Tell the jury your full name, current rank and station, please.
My name is Janet Susan Murray.
I'm a senior detective with the Victoria Police, currently with the Tactical Response Squad.
Ms Murray, on March 13, you were present in the courtyard outside Court number 4 at the Melbourne Magistrates' Court.
That's correct.
There were several other police officers present? That's right.
Could you please explain to the jury what you were doing there that day? JAN: I was there to provide security and support for Ms Nichols, who was about to give evidence in a committal.
Could you explain the events that took place outside the court that morning? Yes.
I was walking with Ms Nichols through the Magistrates' courtyard.
Accompanying me was Sergeant Hafey.
Ms Nichols was in a particularly agitated state on the day.
MANOULIS: How agitated? I would say very.
Please continue.
I was trying to reassure her when I heard a noise and saw Rhonda Hennessey confronting Ms Nichols in what I could only describe as a threatening manner.
MANOULIS: When you say "a threatening manner", what do you mean? JAN: She was speaking loudly, aggressively, lunging forward, attempting to strike Ms Nichols.
Bullshit, Vic.
He knows it's not a walkover.
Hey, Jen! Hello.
I hear your jury's out.
Still time to catch the 6:00 news.
Thank you very much.
He's worried.
Kidd barely cross-examined the informant.
Why? I don't know.
Because she was too good.
That's why.
There was no point.
You see that juror up the back, the short one with the glasses? He didn't trust me.
I could feel the way he was looking at me.
The case is unwinnable anyway.
It always was.
Did you see Wynn on TV last night? Yes.
Got a call about it this morning.
The police want to press charges.
Against that anchorman? You didn't tell me.
Him or the network.
The Director hasn't decided yet.
Fantastic! See you later.
Aren't you coming back with me? I wouldn't mind talking this through.
I'm seeing Lindsay about the appeal.
Did you find out who's defending your culpable? Dietrichson.
He's young.
He treated me like I had all the experience in the world.
He's so deferential.
I love it.
LINDSAY: I feel very sorry for Wynn.
He's been appallingly badly treated.
But I can't see you've got any choice.
The sentence was way too low.
It was manifestly inadequate.
I can't appeal an acquittal because we don't like the verdict.
What about his charge to the jury? I admit it was a tad impenetrable.
I can understand their problem.
I don't think our victim could stand a retrial.
Wynn has made no error of law.
Outside of shocking English.
(WALK SIGNAL BEEPS) WYNN: Is a factor in this sentence, therefore lessening the severity of the crime.
However, it would have been a terrifying occurrence Quick to convict, slow to acquit.
I hope they take their time.
And you were criticising Frank for being too soft.
Honestly, Dan! The two of you are balls of mush.
I'd lock them all up and throw away the key.
Sending a mother of three to jail is not something I relish.
Would it come to that? It's a funny charge.
Doesn't come up that often.
Problem is there's nothing really in mitigation.
At the very least, she's looking at four with two, three with 18 months.
I never realised.
Attempting to pervert the course of justice.
It's a serious charge, Rose, very serious indeed.
Vic was right when he said it struck at the heart of justice.
Surely it depends on the degree of planning.
It strikes me Not that I'm saying it was a spur-of-the-moment thing.
But the impression I get is that she definitely planned it.
But she didn't sit on it for weeks.
The planning would have been no more than two or three hours.
More like something she boiled over all morning.
(PHONE RINGS) They're back.
(Replaces receiver) Bit over an hour.
Looking good.
Got his friends with him now.
Give him time.
He'll be like the rest.
(KNOCK AT DOOR) MANOULIS: They didn't take long.
Exception makes the rule.
Hey, did you hear? We're prosecuting that guy on TV.
Big mouth, you know? I know.
DPP rang me.
What? I couldn't do it.
I hope he goes for a row.
I can't stand it when the media takes the law in their own hands.
Mr Foreman, ladies and gentlemen of the jury, have you reached a verdict? We have.
How say you? Do you find Rhonda Hennessey guilty or not guilty of attempting to pervert the course of justice? Guilty.
ROSE: Is that the verdict of you all? What?! GROSSMAN: Be seated! Any further outburst, I'll have you removed.
SHIRL: This is disgusting! They can't get away with it! It's crap! This whole family's being persecuted! Mr Kidd, say something about the Hennessey case? How long will she get? It went against you today.
Were you prepared for this, Mr Kidd? Mr Kidd? Mr Manoulis? What did you think? You were lucky.
I disagree.
We had bad luck, but we weren't lucky.
There's no doubt in my mind she was guilty.
Will she get a bond? I can't speculate on that, of course.
But use your common sense.
He's got to give her some degree of custodial sentence.
He's got no choice.
That's why Kidd's upset.
The Crown are appealing the Wynn rape sentence.
Yep.
I was wondering What I think? Mmm.
I'll do you one better than that.
If you're really interested in the facts, you should read this.
It's a transcript.
Oh, thanks.
It differs from what's been printed.
He is still interested in the truth.
Bullshit.
You just want that article in the weekend supplement.
(Both laugh) The other night, I mentioned the name of a County Court judge and interviewed a juror.
I'm being prosecuted for it.
I've been instructed by my solicitor not to mention this judge's name again.
The case is sub judice.
I am being prosecuted for breaching what I regard as one of the most supremely chauvinistic pieces of legislation written.
Legislation designed to protect a gaggle of reactionary and sexist old men from scrutiny.
They say the act is to protect the victim.
I say, who protects the victim from the judge? You decide.
You be the judge.
Good shot.
How long are you taking off? One month.
Two, perhaps.
I don't know yet.
Wait and see how it goes.
Wait until things settle down.
I had to - it was beginning to affect my judgment.
That's about 20 feet short, just over to the right there.
I did a bail application the other day.
Court was full - journalists, women's groups It wasn't fair to the accused.
The appeal won't help matters any.
Bring it all back up again.
Oh, can't be helped.
So, what do you think? New member shouts? I think it just that Vic pays for our libations.
Wisdom is only acquired at a price.
You mean to tell me they let the likes of you into my bar? They let anyone in here, Vic.
Don't say it - even Crown prosecutors.
(All laugh)
In my view, the probable emotional impact on the victim of forced oral sex is much less a factor in this sentencing, therefore lessening the severity of the crime.
However, it would have been a terrifying occurrence, particularly as a knife was used.
This goes beyond what prostitutes would view as an acceptable risk in their profession.
We live in a society whose laws can be traced back to the 'Domesday Book', and it is beholden upon me WOMAN: It's not that bad.
We can appeal.
I don't understand why he only gave him 12 months.
The man's a dickhead.
Maybe he just can't add up.
Remember, they can't publish your name.
Let them film you.
They can't use it.
They can't publish anything that will identify you, not even the judge's name.
Just walk on and ignore them, OK? Was the sentence too light? Is there going to be an appeal? Did the judge give you a hard time because you're a prostitute? Was that why they failed to convict on all the charges? MAN: That's the judge.
MAN 2: Where? In the red car! Get close.
Get some shots.
Oh! What? I missed an inspection.
(MUFFLED VOICES IN MONITORING ROOM) WOMAN: Oh, that bloke's coming out of the house.
She's giving him something.
A little bundle $200, I said.
I thought for $200 I'd get a palace.
They show me this thing in rock ape country.
There were semen stains on the stairs! The owner said the carpet was being cleaned tomorrow.
There were bloodstains.
I'm sure someone had been murdered.
TINA: You don't get much for $200.
195, they wanted.
What did we get? What process is there to argue when the process was nolled? And your bloody mate gave him 12 lousy months! I'll call him tomorrow and sort it out.
OK, see you then.
'Bye.
My bloody mate? Did you understand his charge to the jury? I was counting the double negatives.
I got up to 35.
The victim did say she was less concerned about the dick in her mouth than the knife at her throat.
It's not what she meant.
She meant the dick wasn't going to kill her.
The knife was.
Was a loaded weapon, wasn't it? No, actually.
Ha-ha.
That caused the problem.
It looked loaded, but nothing was forthcoming.
The sentence was light, but she is a prostitute.
We have different laws for different women? A dick in the mouth for her must be less traumatic than for some 14-year-old innocent.
You always defend your mates, Vic.
I do not! Wynn's putting Vic up for his golf club.
Come on! Read your little mate's charge.
Then tell me what you think.
What he says bears no relationship to the actual sentence.
I hear defence is appealing.
Excuse me! On what grounds? Severity of sentence.
I just saw Alan at Domino's.
(VOICES ON SURVEILLANCE RADIOS) WOMAN: He's waiting for someone to pull out.
He's pulling into it.
(BUTTON CLICKS) REPORTER: The 25-year-old East Doncaster electrician, who had earlier been convicted of numerous charges, including one count of rape of a prostitute, was sentenced today at the County Court.
Is that Frank's car? MANOULIS: Yeah.
You mean Frank was the judge? He regarded the offences to be at the lower end of the range of seriousness.
Rape, it seems, was less traumatic for a prostitute than for a chaste woman.
It's a joke! They get over 12 months for drunk driving.
She said the rape didn't worry her, it was the knife.
12 months? Vic, he held a knife at her throat and raped her! I read the sentencing remarks, Dianne.
You say Frank said all the right words.
The evidence suggests otherwise.
(PHONE RINGS) Because of the way they put it.
They're only quoting half of what he said.
They should criticise the sentence, not his bloody comments.
Give the man a break.
Manoulis.
Oh, just the little woman giving me a hard time.
"Rougher than usual handling", you reckon? Where are you? (Laughs) Mate, you don't want to know.
Jan's tried.
Kirsty's not going anywhere without Mal or Shirl.
The family's sticking together like glue.
Mate, if Rhonda had her way, Kirsty would be dead and buried by now.
Only thing stopping her is Shirl.
(Rhonda speaks angrily) She's a cow! KIRSTY: Don't tell me what to do.
She's been subpoenaed.
She's got to front.
Otherwise we'll charge her with perjury.
(Shirl nags) MAN: Listen to the old bitch! Lmagine having Shirl as a mum? SHIRL: Mal, go with her.
Doesn't sound optimistic for tomorrow.
Alright.
Hang on a second.
He says that she's either for us or against us.
Don't you love lawyers? Everything's so black-and-white.
Give him to me.
Hang on a second.
SHIRL: Keep a civil tongue in your head, you hear me? Sitting by the fire, are you? Feet up? Good dinner? Oh.
Dianne rattled up some Thai.
Isn't that nice? Look, mate, I don't reckon she's gonna tip in for us.
No way.
SHIRL: You expect her to stand up for you in court, you better pep up your act.
RHONDA: Just keep her out of my way.
Alright.
'Bye.
Cops never cease to amaze me.
You have a perfectly good personal conversation with them.
They go back to talking about work, it's all 'youse' and 'matey' and bad grammar.
Is it just me? Do you notice it too? I don't work with them, darling.
Hmm.
Morning.
G'day.
Hey, you gonna call Kirsty? Haven't decided yet.
She somersaulted you last time.
She'll do it again.
I heard you got rolled the other day.
Must've hurt.
All evens out in the end.
G'day.
It's me.
I just saw Kidd.
He's got something planned, I'm sure of it.
Well, I must've missed something.
I must've.
Maybe he wants a pregnant girl up there to get some sympathy.
No, I don't trust her - not after last time.
He's meeting me here.
Yeah - about 10 minutes.
OK, 'bye.
My first culpable, I draw Jacoby.
(PHONE RINGS) Manoulis.
Culpables are unlosable.
Oh, thank you very much.
Right.
I'll send someone down.
Don't go away.
Nance, can you go downstairs and get Peter? Thanks.
Who's defending? I don't know.
All I know is I've got a judge who's limited intellectually.
Seriously, if I put an argument to him, he won't understand it.
His tippie knows more, and I'm not complimenting his tippie.
This is not your standard culpable, Vic.
If I was on a jury, I'd give this bloke the benefit of the doubt.
The kid he killed running across the road was 15 and half-cut.
You could argue both ways.
Have you read Bellion? No, I'm leaving him till last 'cause he's the expert.
Rhonda Hennessey - the attempt to pervert's today.
Yeah.
I'm not overly optimistic.
Who's hearing it? Grossman.
At least he's got a brain.
Did you read Wynn's sentencing reasons? Yep.
The sentence was definitely too light - way too light.
Don't know what he was thinking of.
Your membership, probably.
They did a job on him last night, though, didn't they? Bet that made you happy.
I thought they treated him very shabbily.
Wynn? Stuffed up his maths with that sentence of yours.
Don't suck up to a Crown prosecutor, Peter.
It's most unattractive.
The problem with judges is they are all wilfully short men.
Did you hear Linda Samson carrying on the other day? "All judges under 5'5" should be euthenased"? That'd leave Degroote and Winston-Jones.
They may be tall, but in their minds (Peter growls) Anyone calls, I'm back in an hour.
This one's opposite Housing Commission flats.
I drove past the other day.
They were all in moccasins.
Shocking.
Up two flights of stairs.
Serves you right for leaving Brian.
He got the house! You said he could have it.
I was feeling guilty.
Aha! See you later.
WOMAN: There they are, in the taxi.
MAN: Get over here! MAN 2: G'day, Shirl.
How about a reaction for the news, love? That makes me feel really confident.
What a lovely picture - she-cat licking all the kittens.
This way, Mrs Hennessey.
Thank you.
Tears at the heartstrings.
Oops! MAN: Are you feeling confident today, Mr Manoulis? WOMAN: How long will this case run? No comment.
Mr Manoulis, do you expect the Director to make any comments on this trial? Mr Manoulis? A little more publicity, you might be the Director! Reporter.
Must have the wrong day.
They only appear for the sentence.
He's after a personal profile.
Want me to show him your best side? I save that for Dianne.
G'day.
How are you? Alright.
Got all the body parts? Left hand's still missing.
You've just got to say what you saw happen.
I should've been told.
Should've told me who she was.
Jesus, the bloody Hennesseys! It's OK.
You're with us.
He did it, didn't he? He killed those cops.
He was acquitted.
This case has nothing to do with Mal Hennessey.
Here.
Use the stairway.
Hang on.
Phil.
Want me to pat him down? Shit, no.
I want him sweet in the box.
No worries.
See you.
Morning.
Time to have a look at your statement again, please? She comes up OK, considering.
How old do you reckon she is? Mutton dressed up as lamb's always mutton dressed up as lamb.
Catch 'The 7:30 Report' last night? They got right into the high cost of barristers.
Yep.
I reckon I'm worth it.
Yeah? $1.
50 an hour sounds like a fair rate.
Thanks, Jack.
How is he this morning? Bit toey.
Not that thrilled with the reception Judge Wynn got.
Can't say I was either.
Alan said he was appealing.
I couldn't believe that.
I told him to leave while he was on a high.
What's Scoop doing here? Probably got lost.
Be another five minutes.
WYNN: I was so careful, Dan.
It was a delicate area.
I went to such lengths to make sure they understood that the nature of her profession didn't diminish her worth as a person.
I even explained how attitudes have changed over the years, not just socially, but legally too.
That's not the impression they gave last night.
It had nothing to do with her being a prostitute.
The question was, did he cause her fear and terror? The media didn't attempt to get their facts straight.
Look, I know it shouldn't, but honestly, it really rocked me.
It's the way they're now all picking apart your charge to the jury that worries me.
If it was just your adding up, sentence was all they were looking at I'd have another look at that charge.
Maybe in trying to be fair, you rammed home she was a prostitute, achieved the opposite result you wanted.
You think the sentence was too light.
Quite frankly, yes.
Hi, Frank.
How are you coping? Do they ever get it right? Ready upstairs.
What court? Want my opinion? Not particularly, Rose.
Rape victims - most of them make it up.
If she'd been paid, she never would've reported it.
The man screwed her.
In a manner of speaking.
Call me ideologically unsound.
Chin up.
Look on the bright side - they can't mention your name.
Woman makes a living doing blow jobs.
It makes a mockery of the whole system! (Talks quietly) GROSSMAN: Is that the amended presentment? Yeah, thank you, Your Honour, for the indulgence of the court.
I apologise for the delay.
I wouldn't be too hard on yourself.
(Clears throat) Members of the jury, it's your duty to weigh up the evidence I'm about to present to you.
And it's your duty, at the end of the day, to decide whether you believe the Crown has proved the charges against the accused beyond reasonable doubt.
Any questions you might have during the proceedings are to be directed to His Honour.
It's his job to direct you on relevant law.
But you are the judges of the facts.
Now, the Crown brings the case.
And it's only fair that, as the Crown brings the case, the Crown should prove the case.
Defence doesn't have to do anything.
In fact, my learned friend here, Mr Michael Kidd, if he chooses, can say nothing at all, because he's got nothing to prove.
I have.
On March 13, Ms Kirsty Nichols had gone to the Melbourne Magistrates' Court to give evidence in a drug-related case against Mr Malcolm Hennessey - the brother of her boyfriend at that time.
Now, Ms Nichols was under enormous pressure on that morning.
Security at the court was very tight.
It's the Crown's contention that as Ms Nichols made her way to the entrance of Court number 4, the accused, Ms Rhonda Hennessey, threatened Ms Nichols, with the serious intention of stopping her from giving her evidence in court.
By doing so, Rhonda Hennessey attempted to pervert the course of justice.
Now, this is a very grave charge indeed and one that strikes at the very heart of our legal system.
Now, a number of people witnessed the offence that morning at court, and they will be here to testify as to what they saw.
Ms Jan Murray, a detective senior constable with the Victoria Police, was accompanying Ms Nichols into the court.
And she will swear that she saw the accused approach Ms Nichols rapidly and call out to her (Coughs repeatedly) "You stupid bitch.
You slut.
"You're going to get knocked for this.
" How's it going? Discounting putting Tony on a leash - the man's got a chronic case of the wanders.
It's driving me nuts.
He does not want to be here.
And how's Kirsty? She really wants to be here.
The sooner she gets on, the better.
The more time she's got to think, God knows what she'll do.
Just going for a ciggie.
Hang on.
He might do a runner.
Get that connie to sit on her.
Remind him not to discuss the case.
PETER: Phil, could you just PHIL: Yeah, sure.
Don't speak about the case.
I've got to have a pee.
She won't be long.
Yeah, right.
You try telling the kid that.
I've got to do it when he wants.
I'll wait outside.
It's OK, love.
I'll take her.
No problem.
She's me daughter-in-law.
I don't want to do this, Mum.
Love, you've got no choice.
I told you.
You jack 'em up or change your story, they'll charge you too.
Just play it down.
Say you can't remember.
Don't let that one get to you.
She's what's upsetting you.
They play games, work out your weak spots.
You just remember - Steve loves you.
You just tell the truth, love, alright? Got no choice about that, has she? Couldn't have put it better myself.
No hard feelings, love.
You've got a job to do - I know that.
You go and pop back outside, alright? I love my girls.
I don't wanna see either of 'em inside.
Can you understand that? This thing's gone too far as it is.
There's the kiddies to think of too.
That's what I've been telling Kirsty all along, Shirl.
I don't want her stressed - she's pregnant.
It's not good for the baby.
You got problems, be much better you dealt with me.
You understand? Shirl barely saw half his opening to the jury.
There's nothing of value she can pass on.
Our connie needs his arse kicked, though.
Kirsty should get on any minute.
Sooner the better.
Tell Vic short and sweet should be the go.
Which way to 18? I know that bloke.
Toby Cummings.
He briefed Kidd on a matter some years ago.
I was the informant.
Shit! I do not like having my court treated this way.
This is clearly business that should've been discussed before the jury was empanelled.
I apologise for appearing late and unrobed, Your Honour, but I was only retained by Ms Nichols late last night.
That doesn't explain why you weren't here hours ago.
Even with the best of intentions, Your Honour, a semitrailer dropped its load in front of me.
This is a stunt.
GROSSMAN: Very well.
Go on.
I have with me a medical certificate which indicates Your Honour is aware of Ms Nichols's condition? Hard not to be, Mr Cummings.
It is her doctor's belief that Ms Nichols is far too stressed to give evidence today and, in fact, for the next few weeks.
It is his candid opinion that the risk to Ms Nichols's pregnancy is quite considerable.
Been pregnant for six months.
All of a sudden, she sees her doctor.
He set this up because he doesn't want her in the box.
I'm not sure I do either.
Mr Cummings has no right to be heard in this matter, Your Honour.
It is up to the Crown to call witnesses.
We weren't informed of this.
I'd like to know why.
I told you.
MANOULIS: Seems to me it's obvious why we weren't told.
GROSSMAN: This may well be the case, Mr Manoulis.
However, having said that, I need not remind you, health of a witness is a serious matter.
As we are now aware of this medical certificate, we must deal with it.
Your Honour, if this matter could be stood down briefly, I'm sure my learned friend and I could sort this out between us.
I'll bet.
GROSSMAN: You've got 10 minutes.
JACK: All stand.
Go out and see what Jan thinks.
It's all news to me, Vic.
Whatever you choose to do is fine, but if there is a health problem, you've got to look after it responsibly.
Thanks for telling me my job.
If there's risk to the health of the baby No-one intends putting Ms Nichols's baby in jeopardy.
What's this about stress? That girl's tough as old boots! Shirl's got a doctor in her pocket.
Without Kidd's knowledge? No.
If this was genuine, they would've done something earlier.
If she's in the box, we risk repeating the last disaster.
Who's paying Kidd? It's Shirl.
He's not working for Rhonda.
He's working for her.
She doesn't want either of them in jail.
The man is stuffed! Either way, he loses.
That's what I'll play on.
Even if Kirsty's all over the place, I'm still winning.
We've still got four other witnesses.
Alright? GROSSMAN: She swoons in the box, Rose, I'll have Vic's balls.
ROSE: Women haven't swooned since the last century.
For goodness sake, Dan, the girl's pregnant, not sick.
It's a stunt and you know it.
Have we reached some sort of amicable agreement? MANOULIS: We have, Your Honour.
The Crown sees no reason why Ms Nichols should not give evidence, provided all due care and consideration's taken.
My instructor will make sure the police surgeon and first-aid facilities are on stand-by.
You're happy with this, Mr Cummings? I am, Your Honour.
As it's close to 4:15, I suggest we reconvene in the morning.
Bring the jury back in.
(Knocks on door) Will you go and explain everything to Kirsty, just tell her what's happening? Sure.
GROSSMAN: Mr Foreman, ladies and gentlemen, you are now discharged for the day.
You are not to discuss this matter outside the court, nor with anyone other than other members of the jury.
ROSE: All stand.
This honourable court stands adjourned until 10:00 tomorrow morning.
Shane Whittey from the 'Herald-Sun', Mr Manoulis.
If you've got a moment You're keen.
Pardon? You blokes usually nick off the moment the story's on the table.
What was the basis of the medical certificate? Stress.
Standard bullshit.
Still, has to be taken into account.
ROB: That's under control.
Yeah.
Sorry.
Thanks.
He's from '60 Minutes', is he? He's OK.
Shirl's out in the corridor bitching away.
She's not impressed.
I wouldn't be either.
That little episode must've set her back $2,000.
(Both laugh) Hey, think his editor knows where he is? Listen, he actually cares, right? Lt'll be knocked out of him soon enough.
What did you tell him? Just that you're an arsehole.
Nothing much.
What about you two? You seemed to be having a great old time.
I gave him Shirl's phone number.
No, he wanted to know the basis of my jury selection.
So do I! That's what I told him.
MAN: The way they've been making it out in the papers is like we didn't convict him because she was a prostitute.
That's just not right! You wanted to convict him on all charges? Yes, I did! We all did! We thought Judge Wynn's direction meant we weren't allowed to convict on all.
It was the way he put it.
It was so difficult to understand.
I guess at the end of two days we were just all confused.
(KNOCK AT DOOR) Judge Wynn took two days explaining a point of law to the jury? It was a complicated issue, but he didn't make it any clearer.
Judith told me they mentioned your name.
I came straight over.
I still can't believe he'd breach the act.
The sheer arrogance! I thought they understood.
I went to such pains to make sure they'd understand.
This is turning into a nightmare.
Talk to Zamel.
He'd be best for this.
He's very open.
Terrific brain.
The best of the Supreme Court boys.
It was so difficult, Dan.
At least get your position clarified.
He was a family man.
It was a first offence.
He had no priors.
A custodial sentence for him.
12 months.
He'd do it hard.
That was my reasoning.
That it would have the same impact as twice as much for most in this territory.
(CAR STARTS) MALE NEWSREADER: The Premier has expressed concern about the leniency of sentencing for crimes against women.
At a press conference last night, he said the 12-month sentence handed down by a County Court judge in a recent rape case involving a prostitute was manifestly inadequate.
PREMIER: Some judges need to be educated.
It's palpably obvious that many are out of touch with public opinion.
(Sighs) The law cast as victim.
Cheer up, Frank.
You'll get us all a bad name if you wander around looking morose.
I'd feel somewhat jollier if I'd had some degree of support from certain quarters.
Your Chief Judge has his own and everybody else's position to consider before making a statement.
Don't be too hard on him.
Still, his silence lends itself to ambiguity somewhat.
I heard the police are schlepping last night's breach across to the DPP.
Summary offence? I'd have thought they'd have kept it in-house.
Not if they see it as important.
Victims aren't going to report rapes unless they can be guaranteed anonymity.
The police know that.
I don't know what comfort I can offer.
I've only had the briefest look.
But if it helps, I can't see that you've erred in your direction as to the law.
You're worried a successful appeal will lead to a retrial.
I don't see where they've got grounds.
I'd say, if anything, you were over-careful.
(WALK SIGNAL BEEPS) There he is! Quick, get a close-up.
MAN: Judge Wynn, will there be backlash decisions? Is it true is it true that? Hard to predict how long these things take.
Why's she on first? She's gotta hang around anyway.
No skin off her nose if I'm first.
I didn't think you'd be so keen.
What's your hurry? Sooner I'm in, sooner I go.
Got problems of me own.
Been here long? 15 minutes.
If Your Honour would bear with me for a moment.
GROSSMAN: Very well, Mr Manoulis.
Don't take too long.
Super-mild.
On a health kick, Shirl? You stupid bitch! You bitch! Stu pid bitch! You jack's moll! You're gonna get knocked for this, you bloody (Echoes) Don't you listen to her, love! Are you comfortable? Thank you.
MANOULIS: Please continue, Ms Nichols.
Rhonda was upset.
She and I have never got along too well.
We always argue, you know.
Please return to the events in question.
Well, I saw her walking towards me.
And she said I really can't remember too well.
MANOULIS: Try.
KIRSTY: She said "If you say anything, you're gone - dead.
" Sort of.
Did she say anything else? Um "The boys know.
"The boys know where you're living.
" That sort of thing.
I don't know MANOULIS: "The boys know where you're living" - what did she mean by that? It's an irrelevant question.
Simply impossible to answer, Your Honour.
KIRSTY: All this is just crazy.
Rhonda and me, we fight all the time.
Ms Nichols, counsel asks the questions and you must confine yourself to answering them.
That way, you'll be finished a lot quicker.
Who else was present outside the Melbourne Magistrates' Court when all this occurred? What do you mean? Were you alone with Ms Hennessey? No, Jan was there.
Detective Murray.
Plus a few other coppers I didn't know.
There were lots of people.
I really can't remember too well.
Your Honour? If I could ask for the jury to be absent while I raise a point of law.
KIDD: First he wants her in the box, now he wants to declare her hostile, just because she isn't saying what suits him.
He can't have it both ways, Your Honour.
If I could refer Your Honour to Ms Nichols's police statement.
Whilst I can see she's swearing up to it in some regards, it is my submission that she's being deliberately evasive on key issues, to such an extent that I believe the Crown is entitled to cross-examine her.
I don't think she's gone that far.
I don't see what you gain by hostiling the witness either.
GROSSMAN: I concede you're having some difficulty, but you'll have to battle on regardless.
If Your Honour could just give me five minutes to collect my thoughts.
We could all do with a break.
JACK: All stand.
This honourable court stands adjourned for five minutes.
The man is an idiot.
All he's worried about is her bloody waters breaking in his courtroom.
Anyone else he would have hostiled straight off.
Go and see how the rest of our motley crew of witnesses are going.
Feeling full of yourself today, are you, girlie? Smokers' paradise, eh? Yeah.
Look a bit nervous, mate.
Yeah, I'm jumping in the box against the Hennesseys.
That's no good.
Want a little taste just to see you through? You got something? Sure have.
Oh, cool! There you go.
Thanks.
Hey! Look, I don't have You'll need this too.
Excellent! Bot a fag off you, mate? Yeah, sure.
All this must be exhausting for you in your condition.
I'll try not to take too long.
Now, you live at Kingsley Crescent, South Melbourne? Yes.
Who else lives there? Rhonda Hennessey.
You live in the same house as Rhonda Hennessey, who you said threatened to kill you? Yes.
And you're still alive? (LAUGHTER) KIDD: Well! You two often argue, don't you? KIRSTY: Yeah.
KIDD: Would you tell this court, what sort of things do you argue about? Everything.
I dunno.
Cooking, shopping? She never does any cooking.
She never does nothing round the place.
So, when Rhonda Hennessey threatened you, you didn't take that threat seriously, did you? No.
I knew she wouldn't do anything.
Not Rhonda.
KIDD: No further questions, Your Honour.
Tell Jan to get her little drug informer on the blocks.
This shouldn't take too long.
Just a couple of matters I'd like to clarify, Ms Nichols.
How long have you been living at Kingsley Crescent? About six years.
Were you living there at the time of this incident? No.
KIDD: No.
When did you move back in? KIRSTY: Soon after, I guess.
My friend is meant to be re-examining the witness, not leading her.
So, soon after you were threatened by Rhonda Hennessey.
Exactly how soon after? Could it have been on the same day? KIRSTY: I can't remember.
Don't tell me.
I don't want to know.
Little bitch! Where's our other star witness? Toilet.
Zip in and hurry him up.
What do you think? Can he cope with Kidd? If he shuts up long enough to hear him ask the question.
Tony! TONY: I'll just be a minute.
Come on.
Oh, no! Oh, you little shit! Hello.
Give me a few minutes, will you? GROSSMAN: How long do you anticipate taking with this next witness? I'm trying to get an idea when we might break for lunch.
MANOULIS: 10, maybe 15 minutes tops.
I imagine it being pretty straightforward.
TONY: I didn't want to come! I told you! I won't know for sure until I hear what he has to say.
Are you anticipating some divergence from his statement? TONY: No way! Well, there are some KIDD: I do have some problems with his original statement, yeah.
TONY: Sign my own death warrant?! The bastards will kill me if I go! I'll be a dead man! Don't you know what they do to informers? I think a 10-minute break might be in order.
Let the jury freshen up, stretch their legs.
Thank you, Your Honour.
JACK: All stand.
They caught him shooting up in the loos.
He's off his face.
Christ Bloody Hennesseys! They're cop-killers! Hands off.
She's a bitch! Can he still give evidence? Forget it.
Sorry.
I was too worried he'd do a runner.
I should've sent someone in with him.
That's what she said to her! They'll kill me.
He's off the air.
He's no good to us.
Can't you stick his head under a tap? Come on! I could charge the shithead.
Oh, come on! Yeah, do it.
Come on, please.
Just finish it.
I'm no good.
Please.
Unless you want to be a witness, I'd get out of here, if I were you.
(All talk and laugh) Alright, we've got no choice.
We scrub Tony, we call Jan straight in, alright? I'll tell her.
Ready? Had a migraine? I can get you a medical certificate.
Ha-ha.
Send me the bloody bill.
MANOULIS: Tell the jury your full name, current rank and station, please.
My name is Janet Susan Murray.
I'm a senior detective with the Victoria Police, currently with the Tactical Response Squad.
Ms Murray, on March 13, you were present in the courtyard outside Court number 4 at the Melbourne Magistrates' Court.
That's correct.
There were several other police officers present? That's right.
Could you please explain to the jury what you were doing there that day? JAN: I was there to provide security and support for Ms Nichols, who was about to give evidence in a committal.
Could you explain the events that took place outside the court that morning? Yes.
I was walking with Ms Nichols through the Magistrates' courtyard.
Accompanying me was Sergeant Hafey.
Ms Nichols was in a particularly agitated state on the day.
MANOULIS: How agitated? I would say very.
Please continue.
I was trying to reassure her when I heard a noise and saw Rhonda Hennessey confronting Ms Nichols in what I could only describe as a threatening manner.
MANOULIS: When you say "a threatening manner", what do you mean? JAN: She was speaking loudly, aggressively, lunging forward, attempting to strike Ms Nichols.
Bullshit, Vic.
He knows it's not a walkover.
Hey, Jen! Hello.
I hear your jury's out.
Still time to catch the 6:00 news.
Thank you very much.
He's worried.
Kidd barely cross-examined the informant.
Why? I don't know.
Because she was too good.
That's why.
There was no point.
You see that juror up the back, the short one with the glasses? He didn't trust me.
I could feel the way he was looking at me.
The case is unwinnable anyway.
It always was.
Did you see Wynn on TV last night? Yes.
Got a call about it this morning.
The police want to press charges.
Against that anchorman? You didn't tell me.
Him or the network.
The Director hasn't decided yet.
Fantastic! See you later.
Aren't you coming back with me? I wouldn't mind talking this through.
I'm seeing Lindsay about the appeal.
Did you find out who's defending your culpable? Dietrichson.
He's young.
He treated me like I had all the experience in the world.
He's so deferential.
I love it.
LINDSAY: I feel very sorry for Wynn.
He's been appallingly badly treated.
But I can't see you've got any choice.
The sentence was way too low.
It was manifestly inadequate.
I can't appeal an acquittal because we don't like the verdict.
What about his charge to the jury? I admit it was a tad impenetrable.
I can understand their problem.
I don't think our victim could stand a retrial.
Wynn has made no error of law.
Outside of shocking English.
(WALK SIGNAL BEEPS) WYNN: Is a factor in this sentence, therefore lessening the severity of the crime.
However, it would have been a terrifying occurrence Quick to convict, slow to acquit.
I hope they take their time.
And you were criticising Frank for being too soft.
Honestly, Dan! The two of you are balls of mush.
I'd lock them all up and throw away the key.
Sending a mother of three to jail is not something I relish.
Would it come to that? It's a funny charge.
Doesn't come up that often.
Problem is there's nothing really in mitigation.
At the very least, she's looking at four with two, three with 18 months.
I never realised.
Attempting to pervert the course of justice.
It's a serious charge, Rose, very serious indeed.
Vic was right when he said it struck at the heart of justice.
Surely it depends on the degree of planning.
It strikes me Not that I'm saying it was a spur-of-the-moment thing.
But the impression I get is that she definitely planned it.
But she didn't sit on it for weeks.
The planning would have been no more than two or three hours.
More like something she boiled over all morning.
(PHONE RINGS) They're back.
(Replaces receiver) Bit over an hour.
Looking good.
Got his friends with him now.
Give him time.
He'll be like the rest.
(KNOCK AT DOOR) MANOULIS: They didn't take long.
Exception makes the rule.
Hey, did you hear? We're prosecuting that guy on TV.
Big mouth, you know? I know.
DPP rang me.
What? I couldn't do it.
I hope he goes for a row.
I can't stand it when the media takes the law in their own hands.
Mr Foreman, ladies and gentlemen of the jury, have you reached a verdict? We have.
How say you? Do you find Rhonda Hennessey guilty or not guilty of attempting to pervert the course of justice? Guilty.
ROSE: Is that the verdict of you all? What?! GROSSMAN: Be seated! Any further outburst, I'll have you removed.
SHIRL: This is disgusting! They can't get away with it! It's crap! This whole family's being persecuted! Mr Kidd, say something about the Hennessey case? How long will she get? It went against you today.
Were you prepared for this, Mr Kidd? Mr Kidd? Mr Manoulis? What did you think? You were lucky.
I disagree.
We had bad luck, but we weren't lucky.
There's no doubt in my mind she was guilty.
Will she get a bond? I can't speculate on that, of course.
But use your common sense.
He's got to give her some degree of custodial sentence.
He's got no choice.
That's why Kidd's upset.
The Crown are appealing the Wynn rape sentence.
Yep.
I was wondering What I think? Mmm.
I'll do you one better than that.
If you're really interested in the facts, you should read this.
It's a transcript.
Oh, thanks.
It differs from what's been printed.
He is still interested in the truth.
Bullshit.
You just want that article in the weekend supplement.
(Both laugh) The other night, I mentioned the name of a County Court judge and interviewed a juror.
I'm being prosecuted for it.
I've been instructed by my solicitor not to mention this judge's name again.
The case is sub judice.
I am being prosecuted for breaching what I regard as one of the most supremely chauvinistic pieces of legislation written.
Legislation designed to protect a gaggle of reactionary and sexist old men from scrutiny.
They say the act is to protect the victim.
I say, who protects the victim from the judge? You decide.
You be the judge.
Good shot.
How long are you taking off? One month.
Two, perhaps.
I don't know yet.
Wait and see how it goes.
Wait until things settle down.
I had to - it was beginning to affect my judgment.
That's about 20 feet short, just over to the right there.
I did a bail application the other day.
Court was full - journalists, women's groups It wasn't fair to the accused.
The appeal won't help matters any.
Bring it all back up again.
Oh, can't be helped.
So, what do you think? New member shouts? I think it just that Vic pays for our libations.
Wisdom is only acquired at a price.
You mean to tell me they let the likes of you into my bar? They let anyone in here, Vic.
Don't say it - even Crown prosecutors.
(All laugh)