Janus (1994) s01e07 Episode Script
Without Consent
Rob Griffin, Your Worship.
I appear on behalf of the informant.
Rob Griffin, Your Worship.
I appear on behalf (Deeper) Rob Griffin, Your Worship.
Rob Griffin, Your Worship.
I appear on behalf of the informant.
How are you feeling? Fine.
I'm glad you slept well.
I would've too, except someone rang me at 3am.
Really? Yeah.
Asked me a whole lot of questions.
(WALK SIGNAL BEEPS) Like, um is the magistrate going to want a summary? That sort of thing.
Well, is she? If she's doing her job, she'll have read the brief on the weekend.
Were you this nervous before school dances? No.
No, I used to rely on my animal magnetism.
Certainly wouldn't depend on that anymore if I were you.
(Laughs) CON: McDonnell on Thursday ROB: Where the hell's my informant? TINA: She'll be here.
ROB: She's cutting things fine.
Getting your brownie badge today? Mm.
(Whispers) He's a little tense.
It's alright for you Janus lot, doing six appearances a day.
I've done two in three years.
And they were both pleas.
Remember, don't call the magistrate Your Honour.
It's Your Worship.
I've got that.
It's just a mention, setting up a date - simple.
(Breathily) Yeah.
Hiya.
Hello.
See you in there.
Rob? I'm Alex Lawrence.
We've spoken on the phone.
Right.
Community Policing Squad.
Mm-hm.
Good brief.
Uh l'm going to go in heavy on the bail conditions.
Good.
I don't want the girls getting late-night phone calls.
There should be no problem getting 'no contact'.
I tell you - he's an absolute arsehole.
Completely stuffed himself in his record of interview.
For once, one of these pricks might have to wear it.
There's no question about the main charge, no ambiguity there.
ROB: The other charge Shall we go in? ALEX: I should introduce you.
Mm-hm? To who? The girls.
What, they're here? Do they know they're going to have to face him? They're serious - as good as we can hope for.
But why do it before they have to? CLERK: Call the matter of Andrew Ellis.
TINA: Helen Watson.
Wanna know her nickname? No.
Remember.
Don't call the magistrate Thanks, I think I've got that.
Rob Griffin Your Worship.
I appear on behalf of the informant.
I appear on behalf of the defendant.
GLENDA: Ms Watson.
The defendant is charged (Whispers) Five bucks he says 'Your Honour'.
four counts of indecent assault and one count of sexual penetration.
You're on.
The brief was served on April 12 and the defendant has given notice for the attendance of witnesses within time.
Um the matter is to be adjourned to a contested committal date.
GLENDA: It seems to me some of the charges overlap, Mr Griffin.
ROB: Yes, Your Worship.
That's being considered by the DPP.
Don't look at him.
(Glenda types) Have you got a date, Mr Griffin? Having spoken with the coordinator, it appears (Whispers) July 26? July 26 is available.
GLENDA: Very well.
Any objection to bail being extended under the same conditions? ROB: Yes, Your Worship.
Prosecution requests that the conditions of bail be altered, specifically in relation to prohibiting any further contact with the complainants.
(Whispers) This is outrageous! I won't be treated as a criminal! Dad! Ought to be locked up, pair of them! ROB: To three times a week.
I assume that you're intending to call your informant? Uh yes.
Yes, of course, Your Honour.
The main thing is, he can't contact you.
Did you see his face? He can't believe this is happening.
Oh, and what's overlapping charges anyway? We include them for good measure.
But it is the one main charge we're going for.
The others will probably be dropped.
What? WOMAN: Why? So we just, what, chuck them out? Pretend they didn't happen? ROB: You sacrifice some of the lesser charges in order to win the others.
You have to compromise - that's that's the way it works.
No way.
I'm not doing that.
ROB: No, well, you're not.
The DPP controls what happens.
It's our job to prosecute.
We are the lawyers.
You're the witnesses.
What's that supposed to mean? I'm the bloody victim! Technically.
Where was the DPP when he was sticking his hand up my dress? He's made an admission to one of the charges in his record of interview.
That is firm, Jane.
And what about He can't wriggle out of that.
What about the others? They won't hold because you can't date them.
They're just too long ago and too vague.
So because the bastard was doing it for years, he's less likely to be found guilty than if he'd done it one memorable time? That's the way the law works, I'm afraid.
You got a sec? About these charges, we're only really talking about one.
Well, I wouldn't be too sure.
I only just got the brief, but that's my reading of it.
I'd take another look.
I will.
But I doubt I'll change my mind.
Those other charges won't stick.
Maybe, if he hadn't made admissions on the sex pen They're hardly admissions.
He might've owned up to a bit of touching, but We could consider pleading on, say, an indecent assault? No.
No deal on the main charge.
Save them a rough ride.
Yeah, well, I wouldn't underestimate them.
You're not gonna run a deal past them.
I have to let them know.
Gently.
Uh defence have suggested that your uncle plead guilty to a lesser charge.
Lesser charge? Indecent assault instead of sexual penetration.
He did more than bloody touch me! It's an offer.
I'm not saying we should take it.
Now, if your uncle pleads guilty, which he will only do to a lesser charge, then he will get a lesser sentence, but you won't have to appear.
What? We wouldn't have to give evidence? ROB: No.
I don't care about testifying.
I can handle that.
He'll say all the right things.
No-one will believe us - they never have! This isn't about you! It's about me.
I want him to know what it's like to feel dirty and ashamed.
I want him to hurt the way I have.
Well, that's never gonna happen, is it? I've got a bit of a problem next month.
I'm gonna be up at the Supreme longer than I thought.
What are we looking like around the 15th? Well, it's looking tight.
Ms De Bono's got a committal all that week.
Reckon that'll last a whole week? That's what it's down for.
Well, then I sat with him in the bar.
That was it.
I told you.
Until what time? I don't know.
12:00, I suppose.
Yeah.
Was just drinking, having a bit of a laugh.
Steve and me go back a way.
We know the same people.
How do you know it was 12:00? Some bird comes around and tells us it's closing time.
I gave Steve a lift to Macca's.
He reckoned he'd crash there, 'cause he was pissed and his missus would spew.
KIDD: And what time was that? I must have dropped him off at about half past.
Yeah - 12:30.
You left immediately? You didn't stick around? Nah.
There was no-one there.
And he was useless, so I just went home.
Then my mate came over with a stash and We're not after your life history.
Now, was there any time when you weren't with Steve at the pub? He went for a piss twice.
That was it.
He bought some smokes.
Got that, Douglas? Yeah.
Is that alright? Yeah, that'll do for the moment.
We'll have that drawn up, then you'll sign it.
I'm not gonna get in the shit, am I? You spent most of the evening with Steve Hennessey.
You've come here and said so.
You've simply done the right thing, Mr Ferguson.
I just don't want to talk to the coppers.
I done nothing wrong.
Alright.
Well, just shut up.
Don't say anything unless I'm there.
We'll whack in a notice of alibi and that'll be it, for the moment.
I just don't want the jacks trying to load me up with that armed robbery.
Me and Steve weren't involved.
You're not even an issue.
They won't touch you, OK? I want you to put that bail application in straightaway.
Lodge it first thing tomorrow.
What's the rush? There's a certain magistrate I want to dodge.
Yeah, but Strike while she's fully booked.
How am I supposed to know? It's my business to know and your job to do, my son.
KIDD: He's pretty definite about the time.
Yeah? We were there till closing time, like I told you.
Is there anything there that doesn't accord with your recollection? Nope.
On the knocker.
Is he gonna stand up for me? Course he will.
You'll be out of here soon.
Fergus is a good boy.
Where'd you find him? SHIRL: He rang Mal from Dubbo.
He'd heard about this.
We got him a ride back.
Let's stick to the business at hand.
Have you got those doctor's reports? He saw Kirsty yesterday.
He'll give me a letter.
How's she holding up? Not good, Michael.
Not good.
KIDD: Alright.
We won't put her on show, then.
KIDD: You've got to face facts, Shirl.
Pulling this off will be a long shot.
Fergus was with him.
He said so.
We both know what that's worth.
Ferguson's a shitpot with a docket and big mouth.
Not exactly your A-grade witness.
He'll stand up.
Long as the coppers don't get to him.
They won't get to him.
They won't know about him.
Is that possible? Let's just say I'd forget my head if it wasn't screwed on.
Oh, shit.
I've got a late jury.
Christ.
I don't want Faithful notified about Ferguson.
We can't withhold.
Just put it on the bottom of your things-to-do pile, along with 'lose weight' and 'buy a new tie'.
DOUGLAS: Alright.
Alright.
(Shuts door) Bit wet behind the ears, isn't he? Oh, he'll learn.
This can't justify holding onto the five.
They're already pushing it with sex pen.
Listen, mate, I know what I'm doing.
I think I do.
Hi.
No deal.
That's what I'm here to tell you, in case that was an option.
It's not, but My client won't plead guilty under any circumstances.
Given his record of interview, I'd have thought he'd jump at the chance.
I wouldn't say his powers of self-analysis were his forte.
His statement's not exactly ambiguous.
He virtually comes right out and admits to having felt her up.
He doesn't realise the implications.
He only sees what he wants to see.
(Sighs) Between you and me he's an absolute sleazebag.
Yeah.
Hey, Rob.
Angus.
Your office said you'd be here.
Yeah, I've got a mention.
Who's doing the Hennessey bail app? Me or your lot? There is no bail app.
Steven Hennessey.
What?! Lodged on Monday.
Yeah, um I'll get back to you.
Definitely slipped up somewhere, Con.
No way, Tina.
It's like a sacred oath.
Wasn't any good.
You must've forgotten something.
Did you remember the nutmeg? You never mentioned nutmeg! I need to speak to Sergeant Faithful.
I don't care where he is! Could you Surfers? No, well, that's just wonderful.
Get me somebody who knows something about Steven Hennessey's bail application.
Please.
TINA: The other matter relates to the question of the weapon being examined by the state forensic laboratory.
GLENDA: Want to defer submissions? Yes.
When did you get it? Wednesday.
Some dickhead just dropped it on Peter's desk.
Didn't say a bloody word to anyone.
We didn't even know it was there.
Jesus! What's he doing up in Surfers? He's on leave.
Great timing.
Have you got his number? No way.
He's dead on his feet.
We can handle it.
Well, you tell me.
Kidd's got to have grounds to reapply for bail.
Yeah.
Fresh facts and circumstances.
Fresh bullshit.
May I be excused? GLENDA: Of course.
MANOULIS: It's a con.
It has to be.
Kidd must need some new furniture or something.
He probably kept it until the last minute.
Well, I can't do it.
Come on I can't.
My hands are tied.
Got a series of armed robs starting next week.
I've got a committal starting the same day.
He couldn't have known? He's timed it.
He's bloody timed it, the bastard! If he thinks I'm gonna wear this, he'd better hang onto his balls.
(PHONE BEEPS) MACHINE: This is Michael Kidd.
Speak when you hear the tone.
(BEEP) Yes, Mr Kidd.
It's Manoulis here.
About this invisible bail application of yours.
I think you'd better call me.
Or you can just explain it to the Ethics Committee.
Rather like too many bits of missing paper floating about, don't you think? Not one of your better efforts, Michael.
BO Y: Look, Uncle Rob! Wow! (Giggles) (Rob laughs) Practise what we did last week, mate.
I remember.
Look at Dylan! He's swimming! Look at him go! That's the way.
Hey, where's Dylan? There he is.
What about July '86? The amphetamines bizzo.
That was another suspended sentence.
Jesus, how many chances has Steve Hennessey had? Plenty.
What's Magnus like? Our magistrate? Big wuss.
Um wish me luck.
KIDD: Thought you'd never get here.
You'll be alright.
I'm more worried about us.
KIDD: You got that notice? I suppose you want me to hand it to them? If you're gonna shaft 'em, mate, always do it with a smile.
Here you go, girlie.
What's this? Just playing fair.
You can thank me later.
Oh, come on! Alibi witness?! William Ferguson?! Who the hell's he? I've never heard of him.
I'll run a check.
Shit! What's he up to? This guy's gotta be a cleanskin.
They wouldn't try putting up someone with a record.
You don't need a docket to be a scumbag.
try and get to you again, love, they'll have to go through me.
We'll just take it easy, listen to the questions.
ROB: Try to answer with a simple yes or no.
You don't have to look at him.
ALEX: Look at the magistrate if you want to avoid him.
Sorry, I think I need a nervous pee.
Did you see the way Christine looked at us? Scusi, Rob.
Just a sec.
William Ferguson - ring any bells? I don't think so, no.
Try harder.
Steve Hennessey's alibi witness? Oh, what?! Yeah, Kidd just handed it to us.
Sweet of him - minutes before we're due on.
Well, he can't be too confident about it.
Must be one of his associates.
Great! How many low-lifes owe the Hennesseys a small favour? Only about 100,000.
Without the dates involved, my client has no means of defending himself, because he loses any possibility of an alibi defence.
It's an important preliminary point, Your Worship.
It may save unnecessary time and distress to the complainant if it's resolved now.
Your Worship, the four assault charges are specific enough HELEN: There's insufficient evidence to distinguish between the four assaults.
I would submit the only sustainable ROB: We're talking about Insufficient evidence? a long time ago.
And we're talking about sustained abuse.
Hold your horses, Mr Griffin.
Ms Watson? I submit that the only sustainable charge is the incident dated a few days after the complainant's 11th birthday.
It's just not realistic to hang on to charges that belong in some abstract period known as 'childhood'.
GLENDA: Mr Griffin, I'll hear the evidence, but I'm concerned about how you'll support your charges here.
The defendant's record of interview re the sexual penetration charge Yes, I've done my homework, but what about the other four charges? The complainant has suffered over many years at the hands of the defendant Mr Griffin, I'm trying to get to the nitty-gritty, and there doesn't seem to be any in relation to those other four charges.
I understand your concern.
Serious charges are being undermined by technicalities.
But I must decide in accordance with the law.
With the exception of the sexual penetration charge, the other, undated, charges of assault should not be pursued.
GLENDA: You right to proceed? That means only one charge.
OK? Yes, Your Worship.
ROB: I call the first witness, Ms Jane McGillis.
The court should be closed for this evidence.
No.
May we have a moment, Your Worship? I think you'd better.
I want to give evidence in open court.
Do you know what you're saying? Yeah.
I've already told them they can publish my name.
You know what that means? Yes, they can publish his name too.
She's going public.
That's why they're all here.
ROB: Jesus.
I think you ought to think about this very carefully.
What about Caroline? She knows.
Open court.
No suppression order either.
It's the way I want it - out in the open.
Begging your pardon, Your Worship, but my witness asks that the court remain open for her evidence.
GLENDA: This is most unusual, Mr Griffin.
Does the witness understand that the closed court's for her benefit? Yes, I do.
Uh, she also asks not to have a suppression order on her name.
She can't do this to us! We HELEN: Come on, sit down.
GLENDA: I won't tolerate more comments.
She can't let it happen.
Ms McGillis, I understand the trauma that you're suffering and your desire to expose the defendant, but the law does not permit me to allow the press to be present in court when you're giving evidence or your statement is being read.
They can be present during other testimony and cross-examination, but I must make it clear that any material that will identify you, the victim, must not be published.
Do you understand? HELEN: OK.
I must ask that all other witnesses and the press now leave the courtroom.
There you go.
You realise this is only the first step You'll be OK.
Take the box over there.
I don't like her being alone in there.
She'll be fine.
Rob's there.
God, I hope this is worth it.
A collator's ringing me back.
Tell me as soon as it comes in.
KIDD: As you can see, Your Worship, we're prepared to produce both the alibi statement and the witness himself.
Hope your bloke bloody knows what he's doing.
Those bastards are checking on me! (Whispers) Let 'em.
Just remember what you're here for, Fergus.
(Warningly) You wouldn't wanna go forgetting that.
KIDD: This obviously wouldn't be the case if my client weren't so convinced of his innocence that he's prepared to put all the cards on the table in the hope that this matter's cleared up quickly.
There's nothing on Ferguson on IBR.
He's got no record.
They're checking Steve's antecedents but it looks like he's an alias or a cleanskin.
What about the Dubbo police? What do they say? Mate Country coppers.
Could take a week! KIDD: Accessory to aggravated burglary.
Prior to that his record consists, uh Yes, it's largely of, um juvenile offences.
(Kidd clears throat) MAGNUS: Yes, I note that.
What's the story here, Mr Kidd? Um Your Worship, he's had no convictions recorded against him for five years.
Uh, he's married.
His wife's expecting their first child.
They live with his mother.
It's not much of a story and it certainly doesn't live up to the efforts of the media, the colourful efforts of the media, about this family.
And it does nothing for the prosecution's case of trying to convince us that he's a career criminal.
One way of looking at it.
Point taken.
He's not in that league.
He's been in custody, when his wife needs his support, and you'll note, in the report uh, the doctor does express concern about the state of her health.
MAGNUS: Yes.
KIDD: I would also draw your attention to the amount of the illegal substance.
While any amount signifies a breach of the law, less than three grams is a trivial quantity.
It's the bottom end of the scale - we're not talking kilos.
2.
5 grams, in fact, Mr Kidd.
Yes, it is borderline.
There's simply no justification.
He's kidding! No, he isn't.
We're on a run, kiddo.
He's got Magnus pegged to a tee! MAGNUS: Yes, there are a number of things that concern me, Mr Kidd.
What's the situation with these other outstanding matters? KIDD: Uh, Your Worship OK.
What have you got for me, Griffo? Uh-huh.
I'm gonna go back in.
You alright? JANE: My birthday is April 3.
This must have happened on April 6 or 7.
You were at your holiday house? Yes, I was pleased to spend my birthday at the beach house at Sorrento and not in town.
What did you do for your birthday? The whole family went out to Arthur's Seat and we rode on the chairlift as a birthday treat.
My uncle and his family were there.
They stayed a few nights.
Who are 'they'? JANE: My uncle and aunt and their daughter, Christine, and their son, Liam.
Alright.
Let's go over the details of the alleged incident.
I've been over them.
GLENDA: Ms McGillis, this can be a frustratingly repetitive process.
It will be quicker if you confine yourself to answering the questions.
Let's start by how you came to be in the boatshed.
It was a scavenger hunt.
My My uncle had hidden some chocolates in the garden.
He told me there were some chocolates in there the other kids hadn't found yet.
Did he tell you to go to the boathouse? He didn't 'tell me'.
He made me want to go.
He 'made you' want to go.
Do you remember his exact words? JANE: Well, no, not his exact words, but something about we'd missed the chocolates in the boatshed.
So you went down to the boatshed.
Isn't it a fact, Ms McGillis, that your uncle was already there and you went looking for him? No.
He followed me in there.
He was saying things like 'hot' and 'cold' according to where the chocolates were supposed to be.
I kept looking and I couldn't find any.
But you didn't leave.
No.
I thought the other kids were coming.
I got upset because I couldn't find any chocolates.
(DOOR SLAMS) And And then I realised what was going to happen.
(SEAGULLS CRY) HELEN: And you still didn't leave? How could I? He was there.
He said, "If you take your dress off, I'll show you where it is.
" Were they his exact words? I think so.
So you remember some exact words and not others? Well yes.
And then what happened? I've said all this.
I said, no, I didn't want to take my dress off.
He said he'd get angry with me if I didn't.
I'd seen him angry before.
I was scared of him.
Did you call out? Cry for help? No (Easily) No.
You say "I took off my dress.
" By yourself? Yes.
Yes.
And then what happened? Your Worship, can Let the witness finish answering the question.
HELEN: Yes, Your Worship.
I took off my dress because I was scared.
And then he told me to kneel on this pile of sails that were on the floor.
HELEN: And you did? Yes.
(SEAGULLS CRY) Did he force you? Take hold of you? Physically make you? He didn't have to.
He was bigger than me.
He was my uncle.
So you knelt down.
What was he doing, if anything, at this point? His penis was out and he was rubbing it rubbing it up and down until it was hard.
Was he touching you? No.
He told me to watch.
Just watch? Did you touch him? (Tearfully) No.
I was crying.
Then he pulled my dress away from where I was holding it to cover myself.
But he wasn't touching you.
(Sobs) Yes, he He did then He He (Sniffs) He forced me to take him in my in my mouth.
I was gagging - I thought I was going to be sick.
And he was so angry.
He told He told me not to tell anyone.
And he'd say nothing had happened.
He said that if I told anyone, they'd believe him, not me, because he was a grown-up and I was a kid.
HELEN: Were they his exact words? I think so.
You're not sure? That was the sense of them.
HELEN: So with everything that had just happened to you - the shock, the distress, the physical pain and nausea - you must have been reassured having your parents to confide in.
I didn't You didn't tell your parents? No.
It's in the statement.
I didn't tell them.
Why not? I was I was too scared.
What of? (Sobs) That they wouldn't believe me.
Were you prone to lying? No.
Were they terrifying parents, then? No! But you were reticent in expressing the worst experience of your life? I was a child! He was an adult.
Adults believe adults.
JANE: And I was scared.
Well, you're an adult now, Ms McGillis, and you're lying, aren't you? (Softly) No.
HELEN: You weren't scared.
If you were so scared, why did you go into the boathouse with him? Why did you allow yourself to go along with him? I didn't realise - when one of the kids told me the chocolate was in there HELEN: One of the kids? Which one? (Breathlessly) I can't find any more! I know where there's more.
(Echoes) I know where there's more.
JANE: Christine.
My cousin.
Promise to share them? Yeah! Of course! Tell me! You promise? (Giggles) Yeah! Just tell me! In the boatshed.
Great! Thanks! HELEN: So, what are you saying now? That it wasn't your uncle who told you about the chocolate in the boatshed? Christine told me.
He told her to tell me.
Your statement said he told you.
You reiterated this a few minutes ago.
Now you say your uncle never suggested you go into the boatshed at all.
He made her send me.
I forgot about Christine telling me! I cannot believe I forgot that in the statement.
I remember it as him telling me.
It happens sometimes.
Do you think they'll believe me? She was so tough! We can't talk about it in front of Caroline.
Don't worry.
You were good.
Mmm.
Alex will take you to lunch.
I'm ducking into another court.
I'll see you a bit later.
ALEX: There's a bistro round the corner.
The food's good and cheap.
So we can sit down and get ready for this afternoon.
It's going fine.
TINA: The charges of trafficking put the defendant in a show-cause situation.
He must satisfy Your Worship as to why his detention in custody is not justified.
MAGNUS: Yes, I'm quite aware of the legal position.
With respect, the charges he is facing are serious ones that should not be overborne by his recently discovered family obligations.
MAGNUS: I think the issue of family ties is relevant here, Ms Bertrum.
TINA: It hasn't been high on Mr Hennessey's agenda in the past.
Now that it suits him, he's suddenly concerned about Ms Nichols's condition.
Secondly, the statement of the alibi witness cannot be evaluated without due consideration of the witness himself.
MAGNUS: Ms Bertrum, it is not Quit while you're behind! We're here to decide bail.
I can see no reason why bail should not be granted.
Mr Hennessey's incarceration is costing the community valuable dollars.
Mr Hennessey would be well served to spend time supporting his wife, rather than staring at blank walls in Remand.
With reasonable reporting conditions and, say, surety of $10,000, Mr Hennessey should be granted bail.
Mr Kidd? Uh, Your Worship, the defendant's mother has agreed to provide a surety.
MAGNUS: Very well.
What have you done? My pathetic, dignified best against an A-grade bullshit artist! You've lost my bail app! Jesus, Tina! I'm a lawyer researching a case that happened about 10 years ago, and I need some information about the chairlift at Arthur's Seat.
Uh, I believe you ran the chairlift between 1965 and 1987? Yeah.
Uh I'm interested in finding out when the chairlift was opened and closed.
I suppose school holidays have always been the busiest period? Yep.
No, I can hold.
Thank you.
Well, Peter's going to spit the dummy! What, from his banana lounge? WOMAN: Can we get a walk? MAN: No, not on them yet.
Just hang back! Just hang back! Here we go.
SHIRL: Come on.
MAN: Mrs Hennessey! Mrs Hennessey! How do you feel about the decision? Steven's done nothing! Doesn't that give you a warm glow? He's been locked up on their lies.
Course he should get bail! What about the conditions? He's got a pregnant wife to look after! Is he going home? MAN: Can you afford the surety? MAN 2: Tell us about this alibi witness.
(FAX MACHINE WHIRRS AND BEEPS) (Tears off paper) (MACHINE BEEPS) HELEN: Before this day, had your sister mentioned that your uncle had behaved inappropriately? No.
No, I don't think so.
She had never said your uncle was making improper advances? No, but Did Jane go over the events of that day with you? We talked about it.
Would you say your memory was as good as Jane's about this day? No.
You are younger than your sister, are you not? Yes, by 18 months.
Younger.
So your memory might not be as clear.
I suppose so.
But I still remember what I saw.
When you were a little girl, did you often try to please your sister, the way little sisters look up to bigger sisters? Yes, I suppose I might have.
You wanted to earn her respect and loyalty? Perhaps, yes.
Do you still do that, Ms McGillis? Do you still do what Jane tells you to do? What do you mean? GLENDA: Careful, Ms Watson.
HELEN: Can we go over the details of what you saw from when you opened the door to the boatshed? I heard someone breathing hard and I heard Jane sort of, um, crying.
I thought she'd gone there because she was upset by something.
Then I made out these shapes.
HELEN: What kind of shapes? What were those shapes? I realised that it was my uncle standing in front of Jane with his, um penis in her mouth.
He was moving, sort of.
She was pushed up against the wall.
And she was She was gagging.
(Young Jane coughs and chokes) (Gags and retches) No.
No, no, no, no, no, no! I can't hear it! I can't hear it! I can't hear it! I can't hear it! HELEN: This incident took place in what month and year, Ms McGillis? Oh, Christine Christine.
CAROLINE: April 1981.
HELEN: And how do you recall that date? Uh, well, it was a few days after Jane's birthday.
We'd been to Arthur's Seat - the chairlift - for her birthday.
HELEN: How can you be sure the birthday party at Arthur's Seat happened the same week as the alleged incident between Jane and your uncle? Because Jane had been given this new dress for her birthday.
She wasn't allowed to wear it to the chairlift in case she got it dirty.
And how does this connect the birthday with the incident? Well, my mother told her she could wear it later that week when we were What the hell is she doing? Running our case for us.
CAROLINE: Yes, I remember the dress because when I saw Jane in the boatshed, her new dress wasn't on her anymore.
It was beside her.
HELEN: And how do you know it was 1981? Well, it was a few days after Jane's birthday Which birthday? Her 11th birthday.
How do you know it wasn't 1980 or 1982? Because it was Jane's 11th birthday.
According to Jane? I remember too! Is your memory of it being her 11th birthday based on Jane's memory or based on your independent memory? Please, I want you to take time over this.
Well I remember her birthday, but I guess she told me it was her 11th birthday.
HELEN: And you believe what Jane says? Of course I do! Why would Thank you, Ms McGillis.
I have no further questions.
No re-examination, Your Worship.
GLENDA: You may step down, Ms McGillis.
HELEN: Your Worship, I have some information which has arisen out of today's evidence which has a bearing on my client's defence.
I realise this is irregular, but I request Jane McGillis be recalled so I may put this to her as a matter of fairness.
Is this necessary, Ms Watson? Yes, Your Worship, it is.
Mr Griffin? I don't know what's going on, but stick to your story.
Other than I have no idea what's coming, Your Worship, there's little I can say.
Alright.
Ms McGillis, would you take the box again, please? GLENDA: Again, I must request that any observers and all press now leave the courtroom whilst Ms McGillis testifies.
GLENDA: I must remind you that you're still under oath.
Ms McGillis, the alleged incident took place a few days after your birthday, and it's understood from your statement and evidence today you have no doubt about this chronology.
No, it definitely happened a few days after my birthday.
This was which birthday? My 11th.
You're quite sure about that? Yes.
How did you celebrate your 12th birthday? Uh, I don't know.
I might have gone out.
I'm not sure.
HELEN: You can't remember? JANE: No.
What about the year before? Your 10th birthday? Uh, we had a party at home.
It was special - that's why I remember.
It was double digits.
My mum hired a clown.
You're quite sure about that? Yes.
Ms McGillis, please think about this carefully.
I'd like to emphasise I'm not questioning your version of events.
I'm looking at chronology here, rather than the events themselves.
Is it possible that the outing to the chairlift on your birthday a few days before the alleged incident might have been a year later? JANE: I don't understand.
HELEN: Is it possible that these events took place around your 12th birthday, rather than your 11th, that we're talking about a year later than you have recollected it to be? No.
No? (Clears throat) I have a facsimile, Your Worship, which was transmitted to me during lunch by the ex-manager of the Arthur's Seat chairlift - a Mr Albert Johnston.
The information, which was taken from his company records, indicates the chairlift was undergoing construction work between February and late June 1981.
The chair was not running at all during that period.
I object to that going into evidence, Your Worship.
Mr Johnston is on his way now.
He'll swear to the truth of the document.
(Softly) Yes.
I see.
To avoid any further distress to this witness, Your Worship, could I put these questions to her now? Very well.
GLENDA: Of course, it always depends on Mr Johnston's evidence.
HELEN: Ms McGillis, the alleged incident with your uncle supposedly occurred after your 11th birthday party in 1981.
Could it have been your 12th birthday? I didn't think so.
I was sure it Why is it such a big deal? Maybe it happened a year later.
Does it matter? I'm afraid it does.
I've no further questions, Your Worship.
You may stand down now, Ms McGillis.
HELEN: Your Worship has heard all the evidence.
The alleged incident actually took place on April 6, 1982.
Jane McGillis was over the age of 12 at the time of the alleged offence.
GLENDA: Yes, this puts it altogether in another light.
It's unfortunate we got this far before this technicality was uncovered.
Nothing I could do, Your Worship.
This leaves little room for persevering with the charge.
Mr Griffin? Anything you'd like to add that stretches beyond a four-letter word? ROB: No, Your Worship.
(Softly) No.
GLENDA: Mr Ellis.
I'm not sure if you understand what happened just now.
It seems the date of the alleged incident was a year out.
According to new evidence, the alleged offence took place in 1982, rather than 1981, and that the complainant, Jane McGillis, had recently turned 12, rather than 11.
It is a legal requirement that we try a charge according to the law at the time an alleged crime took place.
It was a ruling at the time of the offence that any victim who was between the ages of 12 and 16 must commence legal proceedings within 12 months of the offence.
As that time has expired, the charge cannot be pursued.
I have no option but to discharge the defendant.
(People murmur) CLERK: All stand.
The Fourth Division of the Melbourne Magistrates' Court is adjourned.
ROB: Sense? Of course it doesn't make sense! JANE: But why? Who decided kids between the ages of 12 and 16 are fair game? What kind of law is that? He admitted it in his statement.
It's a technicality.
It's got nothing to do with justice.
It's a law.
It's some old, stupid law.
It doesn't work like that now.
But it did in 1982 and we're stuck with it.
But what (Angrily) It's too late, Jane! It's too late to lay the charges.
What difference can it make? He did it! He said he did it.
I had that experience.
He did those things to me! ALEX: I know.
It's bullshit.
JANE: It's just incredible! All for nothing.
We did that all for nothing! No way.
You had the guts to do it, and he'll have to live with it now.
I'll go down to the office.
There's a chance of directly presenting Forget it.
It's stuffed.
MAN: Excuse me, Ms McGillis? I'm from the 'Herald'.
We'd like to do an exclusive on this.
You probably don't feel up to it now, but just because you got dudded in there doesn't mean you can't have a big say.
If you can name me now, you can name him, right? MAN: Sure can.
Thanks.
You, uh do you feel like a coffee or something? Thanks, Robbo, but I think I'll just go and get shitfaced.
(Sighs deeply)
I appear on behalf of the informant.
Rob Griffin, Your Worship.
I appear on behalf (Deeper) Rob Griffin, Your Worship.
Rob Griffin, Your Worship.
I appear on behalf of the informant.
How are you feeling? Fine.
I'm glad you slept well.
I would've too, except someone rang me at 3am.
Really? Yeah.
Asked me a whole lot of questions.
(WALK SIGNAL BEEPS) Like, um is the magistrate going to want a summary? That sort of thing.
Well, is she? If she's doing her job, she'll have read the brief on the weekend.
Were you this nervous before school dances? No.
No, I used to rely on my animal magnetism.
Certainly wouldn't depend on that anymore if I were you.
(Laughs) CON: McDonnell on Thursday ROB: Where the hell's my informant? TINA: She'll be here.
ROB: She's cutting things fine.
Getting your brownie badge today? Mm.
(Whispers) He's a little tense.
It's alright for you Janus lot, doing six appearances a day.
I've done two in three years.
And they were both pleas.
Remember, don't call the magistrate Your Honour.
It's Your Worship.
I've got that.
It's just a mention, setting up a date - simple.
(Breathily) Yeah.
Hiya.
Hello.
See you in there.
Rob? I'm Alex Lawrence.
We've spoken on the phone.
Right.
Community Policing Squad.
Mm-hm.
Good brief.
Uh l'm going to go in heavy on the bail conditions.
Good.
I don't want the girls getting late-night phone calls.
There should be no problem getting 'no contact'.
I tell you - he's an absolute arsehole.
Completely stuffed himself in his record of interview.
For once, one of these pricks might have to wear it.
There's no question about the main charge, no ambiguity there.
ROB: The other charge Shall we go in? ALEX: I should introduce you.
Mm-hm? To who? The girls.
What, they're here? Do they know they're going to have to face him? They're serious - as good as we can hope for.
But why do it before they have to? CLERK: Call the matter of Andrew Ellis.
TINA: Helen Watson.
Wanna know her nickname? No.
Remember.
Don't call the magistrate Thanks, I think I've got that.
Rob Griffin Your Worship.
I appear on behalf of the informant.
I appear on behalf of the defendant.
GLENDA: Ms Watson.
The defendant is charged (Whispers) Five bucks he says 'Your Honour'.
four counts of indecent assault and one count of sexual penetration.
You're on.
The brief was served on April 12 and the defendant has given notice for the attendance of witnesses within time.
Um the matter is to be adjourned to a contested committal date.
GLENDA: It seems to me some of the charges overlap, Mr Griffin.
ROB: Yes, Your Worship.
That's being considered by the DPP.
Don't look at him.
(Glenda types) Have you got a date, Mr Griffin? Having spoken with the coordinator, it appears (Whispers) July 26? July 26 is available.
GLENDA: Very well.
Any objection to bail being extended under the same conditions? ROB: Yes, Your Worship.
Prosecution requests that the conditions of bail be altered, specifically in relation to prohibiting any further contact with the complainants.
(Whispers) This is outrageous! I won't be treated as a criminal! Dad! Ought to be locked up, pair of them! ROB: To three times a week.
I assume that you're intending to call your informant? Uh yes.
Yes, of course, Your Honour.
The main thing is, he can't contact you.
Did you see his face? He can't believe this is happening.
Oh, and what's overlapping charges anyway? We include them for good measure.
But it is the one main charge we're going for.
The others will probably be dropped.
What? WOMAN: Why? So we just, what, chuck them out? Pretend they didn't happen? ROB: You sacrifice some of the lesser charges in order to win the others.
You have to compromise - that's that's the way it works.
No way.
I'm not doing that.
ROB: No, well, you're not.
The DPP controls what happens.
It's our job to prosecute.
We are the lawyers.
You're the witnesses.
What's that supposed to mean? I'm the bloody victim! Technically.
Where was the DPP when he was sticking his hand up my dress? He's made an admission to one of the charges in his record of interview.
That is firm, Jane.
And what about He can't wriggle out of that.
What about the others? They won't hold because you can't date them.
They're just too long ago and too vague.
So because the bastard was doing it for years, he's less likely to be found guilty than if he'd done it one memorable time? That's the way the law works, I'm afraid.
You got a sec? About these charges, we're only really talking about one.
Well, I wouldn't be too sure.
I only just got the brief, but that's my reading of it.
I'd take another look.
I will.
But I doubt I'll change my mind.
Those other charges won't stick.
Maybe, if he hadn't made admissions on the sex pen They're hardly admissions.
He might've owned up to a bit of touching, but We could consider pleading on, say, an indecent assault? No.
No deal on the main charge.
Save them a rough ride.
Yeah, well, I wouldn't underestimate them.
You're not gonna run a deal past them.
I have to let them know.
Gently.
Uh defence have suggested that your uncle plead guilty to a lesser charge.
Lesser charge? Indecent assault instead of sexual penetration.
He did more than bloody touch me! It's an offer.
I'm not saying we should take it.
Now, if your uncle pleads guilty, which he will only do to a lesser charge, then he will get a lesser sentence, but you won't have to appear.
What? We wouldn't have to give evidence? ROB: No.
I don't care about testifying.
I can handle that.
He'll say all the right things.
No-one will believe us - they never have! This isn't about you! It's about me.
I want him to know what it's like to feel dirty and ashamed.
I want him to hurt the way I have.
Well, that's never gonna happen, is it? I've got a bit of a problem next month.
I'm gonna be up at the Supreme longer than I thought.
What are we looking like around the 15th? Well, it's looking tight.
Ms De Bono's got a committal all that week.
Reckon that'll last a whole week? That's what it's down for.
Well, then I sat with him in the bar.
That was it.
I told you.
Until what time? I don't know.
12:00, I suppose.
Yeah.
Was just drinking, having a bit of a laugh.
Steve and me go back a way.
We know the same people.
How do you know it was 12:00? Some bird comes around and tells us it's closing time.
I gave Steve a lift to Macca's.
He reckoned he'd crash there, 'cause he was pissed and his missus would spew.
KIDD: And what time was that? I must have dropped him off at about half past.
Yeah - 12:30.
You left immediately? You didn't stick around? Nah.
There was no-one there.
And he was useless, so I just went home.
Then my mate came over with a stash and We're not after your life history.
Now, was there any time when you weren't with Steve at the pub? He went for a piss twice.
That was it.
He bought some smokes.
Got that, Douglas? Yeah.
Is that alright? Yeah, that'll do for the moment.
We'll have that drawn up, then you'll sign it.
I'm not gonna get in the shit, am I? You spent most of the evening with Steve Hennessey.
You've come here and said so.
You've simply done the right thing, Mr Ferguson.
I just don't want to talk to the coppers.
I done nothing wrong.
Alright.
Well, just shut up.
Don't say anything unless I'm there.
We'll whack in a notice of alibi and that'll be it, for the moment.
I just don't want the jacks trying to load me up with that armed robbery.
Me and Steve weren't involved.
You're not even an issue.
They won't touch you, OK? I want you to put that bail application in straightaway.
Lodge it first thing tomorrow.
What's the rush? There's a certain magistrate I want to dodge.
Yeah, but Strike while she's fully booked.
How am I supposed to know? It's my business to know and your job to do, my son.
KIDD: He's pretty definite about the time.
Yeah? We were there till closing time, like I told you.
Is there anything there that doesn't accord with your recollection? Nope.
On the knocker.
Is he gonna stand up for me? Course he will.
You'll be out of here soon.
Fergus is a good boy.
Where'd you find him? SHIRL: He rang Mal from Dubbo.
He'd heard about this.
We got him a ride back.
Let's stick to the business at hand.
Have you got those doctor's reports? He saw Kirsty yesterday.
He'll give me a letter.
How's she holding up? Not good, Michael.
Not good.
KIDD: Alright.
We won't put her on show, then.
KIDD: You've got to face facts, Shirl.
Pulling this off will be a long shot.
Fergus was with him.
He said so.
We both know what that's worth.
Ferguson's a shitpot with a docket and big mouth.
Not exactly your A-grade witness.
He'll stand up.
Long as the coppers don't get to him.
They won't get to him.
They won't know about him.
Is that possible? Let's just say I'd forget my head if it wasn't screwed on.
Oh, shit.
I've got a late jury.
Christ.
I don't want Faithful notified about Ferguson.
We can't withhold.
Just put it on the bottom of your things-to-do pile, along with 'lose weight' and 'buy a new tie'.
DOUGLAS: Alright.
Alright.
(Shuts door) Bit wet behind the ears, isn't he? Oh, he'll learn.
This can't justify holding onto the five.
They're already pushing it with sex pen.
Listen, mate, I know what I'm doing.
I think I do.
Hi.
No deal.
That's what I'm here to tell you, in case that was an option.
It's not, but My client won't plead guilty under any circumstances.
Given his record of interview, I'd have thought he'd jump at the chance.
I wouldn't say his powers of self-analysis were his forte.
His statement's not exactly ambiguous.
He virtually comes right out and admits to having felt her up.
He doesn't realise the implications.
He only sees what he wants to see.
(Sighs) Between you and me he's an absolute sleazebag.
Yeah.
Hey, Rob.
Angus.
Your office said you'd be here.
Yeah, I've got a mention.
Who's doing the Hennessey bail app? Me or your lot? There is no bail app.
Steven Hennessey.
What?! Lodged on Monday.
Yeah, um I'll get back to you.
Definitely slipped up somewhere, Con.
No way, Tina.
It's like a sacred oath.
Wasn't any good.
You must've forgotten something.
Did you remember the nutmeg? You never mentioned nutmeg! I need to speak to Sergeant Faithful.
I don't care where he is! Could you Surfers? No, well, that's just wonderful.
Get me somebody who knows something about Steven Hennessey's bail application.
Please.
TINA: The other matter relates to the question of the weapon being examined by the state forensic laboratory.
GLENDA: Want to defer submissions? Yes.
When did you get it? Wednesday.
Some dickhead just dropped it on Peter's desk.
Didn't say a bloody word to anyone.
We didn't even know it was there.
Jesus! What's he doing up in Surfers? He's on leave.
Great timing.
Have you got his number? No way.
He's dead on his feet.
We can handle it.
Well, you tell me.
Kidd's got to have grounds to reapply for bail.
Yeah.
Fresh facts and circumstances.
Fresh bullshit.
May I be excused? GLENDA: Of course.
MANOULIS: It's a con.
It has to be.
Kidd must need some new furniture or something.
He probably kept it until the last minute.
Well, I can't do it.
Come on I can't.
My hands are tied.
Got a series of armed robs starting next week.
I've got a committal starting the same day.
He couldn't have known? He's timed it.
He's bloody timed it, the bastard! If he thinks I'm gonna wear this, he'd better hang onto his balls.
(PHONE BEEPS) MACHINE: This is Michael Kidd.
Speak when you hear the tone.
(BEEP) Yes, Mr Kidd.
It's Manoulis here.
About this invisible bail application of yours.
I think you'd better call me.
Or you can just explain it to the Ethics Committee.
Rather like too many bits of missing paper floating about, don't you think? Not one of your better efforts, Michael.
BO Y: Look, Uncle Rob! Wow! (Giggles) (Rob laughs) Practise what we did last week, mate.
I remember.
Look at Dylan! He's swimming! Look at him go! That's the way.
Hey, where's Dylan? There he is.
What about July '86? The amphetamines bizzo.
That was another suspended sentence.
Jesus, how many chances has Steve Hennessey had? Plenty.
What's Magnus like? Our magistrate? Big wuss.
Um wish me luck.
KIDD: Thought you'd never get here.
You'll be alright.
I'm more worried about us.
KIDD: You got that notice? I suppose you want me to hand it to them? If you're gonna shaft 'em, mate, always do it with a smile.
Here you go, girlie.
What's this? Just playing fair.
You can thank me later.
Oh, come on! Alibi witness?! William Ferguson?! Who the hell's he? I've never heard of him.
I'll run a check.
Shit! What's he up to? This guy's gotta be a cleanskin.
They wouldn't try putting up someone with a record.
You don't need a docket to be a scumbag.
try and get to you again, love, they'll have to go through me.
We'll just take it easy, listen to the questions.
ROB: Try to answer with a simple yes or no.
You don't have to look at him.
ALEX: Look at the magistrate if you want to avoid him.
Sorry, I think I need a nervous pee.
Did you see the way Christine looked at us? Scusi, Rob.
Just a sec.
William Ferguson - ring any bells? I don't think so, no.
Try harder.
Steve Hennessey's alibi witness? Oh, what?! Yeah, Kidd just handed it to us.
Sweet of him - minutes before we're due on.
Well, he can't be too confident about it.
Must be one of his associates.
Great! How many low-lifes owe the Hennesseys a small favour? Only about 100,000.
Without the dates involved, my client has no means of defending himself, because he loses any possibility of an alibi defence.
It's an important preliminary point, Your Worship.
It may save unnecessary time and distress to the complainant if it's resolved now.
Your Worship, the four assault charges are specific enough HELEN: There's insufficient evidence to distinguish between the four assaults.
I would submit the only sustainable ROB: We're talking about Insufficient evidence? a long time ago.
And we're talking about sustained abuse.
Hold your horses, Mr Griffin.
Ms Watson? I submit that the only sustainable charge is the incident dated a few days after the complainant's 11th birthday.
It's just not realistic to hang on to charges that belong in some abstract period known as 'childhood'.
GLENDA: Mr Griffin, I'll hear the evidence, but I'm concerned about how you'll support your charges here.
The defendant's record of interview re the sexual penetration charge Yes, I've done my homework, but what about the other four charges? The complainant has suffered over many years at the hands of the defendant Mr Griffin, I'm trying to get to the nitty-gritty, and there doesn't seem to be any in relation to those other four charges.
I understand your concern.
Serious charges are being undermined by technicalities.
But I must decide in accordance with the law.
With the exception of the sexual penetration charge, the other, undated, charges of assault should not be pursued.
GLENDA: You right to proceed? That means only one charge.
OK? Yes, Your Worship.
ROB: I call the first witness, Ms Jane McGillis.
The court should be closed for this evidence.
No.
May we have a moment, Your Worship? I think you'd better.
I want to give evidence in open court.
Do you know what you're saying? Yeah.
I've already told them they can publish my name.
You know what that means? Yes, they can publish his name too.
She's going public.
That's why they're all here.
ROB: Jesus.
I think you ought to think about this very carefully.
What about Caroline? She knows.
Open court.
No suppression order either.
It's the way I want it - out in the open.
Begging your pardon, Your Worship, but my witness asks that the court remain open for her evidence.
GLENDA: This is most unusual, Mr Griffin.
Does the witness understand that the closed court's for her benefit? Yes, I do.
Uh, she also asks not to have a suppression order on her name.
She can't do this to us! We HELEN: Come on, sit down.
GLENDA: I won't tolerate more comments.
She can't let it happen.
Ms McGillis, I understand the trauma that you're suffering and your desire to expose the defendant, but the law does not permit me to allow the press to be present in court when you're giving evidence or your statement is being read.
They can be present during other testimony and cross-examination, but I must make it clear that any material that will identify you, the victim, must not be published.
Do you understand? HELEN: OK.
I must ask that all other witnesses and the press now leave the courtroom.
There you go.
You realise this is only the first step You'll be OK.
Take the box over there.
I don't like her being alone in there.
She'll be fine.
Rob's there.
God, I hope this is worth it.
A collator's ringing me back.
Tell me as soon as it comes in.
KIDD: As you can see, Your Worship, we're prepared to produce both the alibi statement and the witness himself.
Hope your bloke bloody knows what he's doing.
Those bastards are checking on me! (Whispers) Let 'em.
Just remember what you're here for, Fergus.
(Warningly) You wouldn't wanna go forgetting that.
KIDD: This obviously wouldn't be the case if my client weren't so convinced of his innocence that he's prepared to put all the cards on the table in the hope that this matter's cleared up quickly.
There's nothing on Ferguson on IBR.
He's got no record.
They're checking Steve's antecedents but it looks like he's an alias or a cleanskin.
What about the Dubbo police? What do they say? Mate Country coppers.
Could take a week! KIDD: Accessory to aggravated burglary.
Prior to that his record consists, uh Yes, it's largely of, um juvenile offences.
(Kidd clears throat) MAGNUS: Yes, I note that.
What's the story here, Mr Kidd? Um Your Worship, he's had no convictions recorded against him for five years.
Uh, he's married.
His wife's expecting their first child.
They live with his mother.
It's not much of a story and it certainly doesn't live up to the efforts of the media, the colourful efforts of the media, about this family.
And it does nothing for the prosecution's case of trying to convince us that he's a career criminal.
One way of looking at it.
Point taken.
He's not in that league.
He's been in custody, when his wife needs his support, and you'll note, in the report uh, the doctor does express concern about the state of her health.
MAGNUS: Yes.
KIDD: I would also draw your attention to the amount of the illegal substance.
While any amount signifies a breach of the law, less than three grams is a trivial quantity.
It's the bottom end of the scale - we're not talking kilos.
2.
5 grams, in fact, Mr Kidd.
Yes, it is borderline.
There's simply no justification.
He's kidding! No, he isn't.
We're on a run, kiddo.
He's got Magnus pegged to a tee! MAGNUS: Yes, there are a number of things that concern me, Mr Kidd.
What's the situation with these other outstanding matters? KIDD: Uh, Your Worship OK.
What have you got for me, Griffo? Uh-huh.
I'm gonna go back in.
You alright? JANE: My birthday is April 3.
This must have happened on April 6 or 7.
You were at your holiday house? Yes, I was pleased to spend my birthday at the beach house at Sorrento and not in town.
What did you do for your birthday? The whole family went out to Arthur's Seat and we rode on the chairlift as a birthday treat.
My uncle and his family were there.
They stayed a few nights.
Who are 'they'? JANE: My uncle and aunt and their daughter, Christine, and their son, Liam.
Alright.
Let's go over the details of the alleged incident.
I've been over them.
GLENDA: Ms McGillis, this can be a frustratingly repetitive process.
It will be quicker if you confine yourself to answering the questions.
Let's start by how you came to be in the boatshed.
It was a scavenger hunt.
My My uncle had hidden some chocolates in the garden.
He told me there were some chocolates in there the other kids hadn't found yet.
Did he tell you to go to the boathouse? He didn't 'tell me'.
He made me want to go.
He 'made you' want to go.
Do you remember his exact words? JANE: Well, no, not his exact words, but something about we'd missed the chocolates in the boatshed.
So you went down to the boatshed.
Isn't it a fact, Ms McGillis, that your uncle was already there and you went looking for him? No.
He followed me in there.
He was saying things like 'hot' and 'cold' according to where the chocolates were supposed to be.
I kept looking and I couldn't find any.
But you didn't leave.
No.
I thought the other kids were coming.
I got upset because I couldn't find any chocolates.
(DOOR SLAMS) And And then I realised what was going to happen.
(SEAGULLS CRY) HELEN: And you still didn't leave? How could I? He was there.
He said, "If you take your dress off, I'll show you where it is.
" Were they his exact words? I think so.
So you remember some exact words and not others? Well yes.
And then what happened? I've said all this.
I said, no, I didn't want to take my dress off.
He said he'd get angry with me if I didn't.
I'd seen him angry before.
I was scared of him.
Did you call out? Cry for help? No (Easily) No.
You say "I took off my dress.
" By yourself? Yes.
Yes.
And then what happened? Your Worship, can Let the witness finish answering the question.
HELEN: Yes, Your Worship.
I took off my dress because I was scared.
And then he told me to kneel on this pile of sails that were on the floor.
HELEN: And you did? Yes.
(SEAGULLS CRY) Did he force you? Take hold of you? Physically make you? He didn't have to.
He was bigger than me.
He was my uncle.
So you knelt down.
What was he doing, if anything, at this point? His penis was out and he was rubbing it rubbing it up and down until it was hard.
Was he touching you? No.
He told me to watch.
Just watch? Did you touch him? (Tearfully) No.
I was crying.
Then he pulled my dress away from where I was holding it to cover myself.
But he wasn't touching you.
(Sobs) Yes, he He did then He He (Sniffs) He forced me to take him in my in my mouth.
I was gagging - I thought I was going to be sick.
And he was so angry.
He told He told me not to tell anyone.
And he'd say nothing had happened.
He said that if I told anyone, they'd believe him, not me, because he was a grown-up and I was a kid.
HELEN: Were they his exact words? I think so.
You're not sure? That was the sense of them.
HELEN: So with everything that had just happened to you - the shock, the distress, the physical pain and nausea - you must have been reassured having your parents to confide in.
I didn't You didn't tell your parents? No.
It's in the statement.
I didn't tell them.
Why not? I was I was too scared.
What of? (Sobs) That they wouldn't believe me.
Were you prone to lying? No.
Were they terrifying parents, then? No! But you were reticent in expressing the worst experience of your life? I was a child! He was an adult.
Adults believe adults.
JANE: And I was scared.
Well, you're an adult now, Ms McGillis, and you're lying, aren't you? (Softly) No.
HELEN: You weren't scared.
If you were so scared, why did you go into the boathouse with him? Why did you allow yourself to go along with him? I didn't realise - when one of the kids told me the chocolate was in there HELEN: One of the kids? Which one? (Breathlessly) I can't find any more! I know where there's more.
(Echoes) I know where there's more.
JANE: Christine.
My cousin.
Promise to share them? Yeah! Of course! Tell me! You promise? (Giggles) Yeah! Just tell me! In the boatshed.
Great! Thanks! HELEN: So, what are you saying now? That it wasn't your uncle who told you about the chocolate in the boatshed? Christine told me.
He told her to tell me.
Your statement said he told you.
You reiterated this a few minutes ago.
Now you say your uncle never suggested you go into the boatshed at all.
He made her send me.
I forgot about Christine telling me! I cannot believe I forgot that in the statement.
I remember it as him telling me.
It happens sometimes.
Do you think they'll believe me? She was so tough! We can't talk about it in front of Caroline.
Don't worry.
You were good.
Mmm.
Alex will take you to lunch.
I'm ducking into another court.
I'll see you a bit later.
ALEX: There's a bistro round the corner.
The food's good and cheap.
So we can sit down and get ready for this afternoon.
It's going fine.
TINA: The charges of trafficking put the defendant in a show-cause situation.
He must satisfy Your Worship as to why his detention in custody is not justified.
MAGNUS: Yes, I'm quite aware of the legal position.
With respect, the charges he is facing are serious ones that should not be overborne by his recently discovered family obligations.
MAGNUS: I think the issue of family ties is relevant here, Ms Bertrum.
TINA: It hasn't been high on Mr Hennessey's agenda in the past.
Now that it suits him, he's suddenly concerned about Ms Nichols's condition.
Secondly, the statement of the alibi witness cannot be evaluated without due consideration of the witness himself.
MAGNUS: Ms Bertrum, it is not Quit while you're behind! We're here to decide bail.
I can see no reason why bail should not be granted.
Mr Hennessey's incarceration is costing the community valuable dollars.
Mr Hennessey would be well served to spend time supporting his wife, rather than staring at blank walls in Remand.
With reasonable reporting conditions and, say, surety of $10,000, Mr Hennessey should be granted bail.
Mr Kidd? Uh, Your Worship, the defendant's mother has agreed to provide a surety.
MAGNUS: Very well.
What have you done? My pathetic, dignified best against an A-grade bullshit artist! You've lost my bail app! Jesus, Tina! I'm a lawyer researching a case that happened about 10 years ago, and I need some information about the chairlift at Arthur's Seat.
Uh, I believe you ran the chairlift between 1965 and 1987? Yeah.
Uh I'm interested in finding out when the chairlift was opened and closed.
I suppose school holidays have always been the busiest period? Yep.
No, I can hold.
Thank you.
Well, Peter's going to spit the dummy! What, from his banana lounge? WOMAN: Can we get a walk? MAN: No, not on them yet.
Just hang back! Just hang back! Here we go.
SHIRL: Come on.
MAN: Mrs Hennessey! Mrs Hennessey! How do you feel about the decision? Steven's done nothing! Doesn't that give you a warm glow? He's been locked up on their lies.
Course he should get bail! What about the conditions? He's got a pregnant wife to look after! Is he going home? MAN: Can you afford the surety? MAN 2: Tell us about this alibi witness.
(FAX MACHINE WHIRRS AND BEEPS) (Tears off paper) (MACHINE BEEPS) HELEN: Before this day, had your sister mentioned that your uncle had behaved inappropriately? No.
No, I don't think so.
She had never said your uncle was making improper advances? No, but Did Jane go over the events of that day with you? We talked about it.
Would you say your memory was as good as Jane's about this day? No.
You are younger than your sister, are you not? Yes, by 18 months.
Younger.
So your memory might not be as clear.
I suppose so.
But I still remember what I saw.
When you were a little girl, did you often try to please your sister, the way little sisters look up to bigger sisters? Yes, I suppose I might have.
You wanted to earn her respect and loyalty? Perhaps, yes.
Do you still do that, Ms McGillis? Do you still do what Jane tells you to do? What do you mean? GLENDA: Careful, Ms Watson.
HELEN: Can we go over the details of what you saw from when you opened the door to the boatshed? I heard someone breathing hard and I heard Jane sort of, um, crying.
I thought she'd gone there because she was upset by something.
Then I made out these shapes.
HELEN: What kind of shapes? What were those shapes? I realised that it was my uncle standing in front of Jane with his, um penis in her mouth.
He was moving, sort of.
She was pushed up against the wall.
And she was She was gagging.
(Young Jane coughs and chokes) (Gags and retches) No.
No, no, no, no, no, no! I can't hear it! I can't hear it! I can't hear it! I can't hear it! HELEN: This incident took place in what month and year, Ms McGillis? Oh, Christine Christine.
CAROLINE: April 1981.
HELEN: And how do you recall that date? Uh, well, it was a few days after Jane's birthday.
We'd been to Arthur's Seat - the chairlift - for her birthday.
HELEN: How can you be sure the birthday party at Arthur's Seat happened the same week as the alleged incident between Jane and your uncle? Because Jane had been given this new dress for her birthday.
She wasn't allowed to wear it to the chairlift in case she got it dirty.
And how does this connect the birthday with the incident? Well, my mother told her she could wear it later that week when we were What the hell is she doing? Running our case for us.
CAROLINE: Yes, I remember the dress because when I saw Jane in the boatshed, her new dress wasn't on her anymore.
It was beside her.
HELEN: And how do you know it was 1981? Well, it was a few days after Jane's birthday Which birthday? Her 11th birthday.
How do you know it wasn't 1980 or 1982? Because it was Jane's 11th birthday.
According to Jane? I remember too! Is your memory of it being her 11th birthday based on Jane's memory or based on your independent memory? Please, I want you to take time over this.
Well I remember her birthday, but I guess she told me it was her 11th birthday.
HELEN: And you believe what Jane says? Of course I do! Why would Thank you, Ms McGillis.
I have no further questions.
No re-examination, Your Worship.
GLENDA: You may step down, Ms McGillis.
HELEN: Your Worship, I have some information which has arisen out of today's evidence which has a bearing on my client's defence.
I realise this is irregular, but I request Jane McGillis be recalled so I may put this to her as a matter of fairness.
Is this necessary, Ms Watson? Yes, Your Worship, it is.
Mr Griffin? I don't know what's going on, but stick to your story.
Other than I have no idea what's coming, Your Worship, there's little I can say.
Alright.
Ms McGillis, would you take the box again, please? GLENDA: Again, I must request that any observers and all press now leave the courtroom whilst Ms McGillis testifies.
GLENDA: I must remind you that you're still under oath.
Ms McGillis, the alleged incident took place a few days after your birthday, and it's understood from your statement and evidence today you have no doubt about this chronology.
No, it definitely happened a few days after my birthday.
This was which birthday? My 11th.
You're quite sure about that? Yes.
How did you celebrate your 12th birthday? Uh, I don't know.
I might have gone out.
I'm not sure.
HELEN: You can't remember? JANE: No.
What about the year before? Your 10th birthday? Uh, we had a party at home.
It was special - that's why I remember.
It was double digits.
My mum hired a clown.
You're quite sure about that? Yes.
Ms McGillis, please think about this carefully.
I'd like to emphasise I'm not questioning your version of events.
I'm looking at chronology here, rather than the events themselves.
Is it possible that the outing to the chairlift on your birthday a few days before the alleged incident might have been a year later? JANE: I don't understand.
HELEN: Is it possible that these events took place around your 12th birthday, rather than your 11th, that we're talking about a year later than you have recollected it to be? No.
No? (Clears throat) I have a facsimile, Your Worship, which was transmitted to me during lunch by the ex-manager of the Arthur's Seat chairlift - a Mr Albert Johnston.
The information, which was taken from his company records, indicates the chairlift was undergoing construction work between February and late June 1981.
The chair was not running at all during that period.
I object to that going into evidence, Your Worship.
Mr Johnston is on his way now.
He'll swear to the truth of the document.
(Softly) Yes.
I see.
To avoid any further distress to this witness, Your Worship, could I put these questions to her now? Very well.
GLENDA: Of course, it always depends on Mr Johnston's evidence.
HELEN: Ms McGillis, the alleged incident with your uncle supposedly occurred after your 11th birthday party in 1981.
Could it have been your 12th birthday? I didn't think so.
I was sure it Why is it such a big deal? Maybe it happened a year later.
Does it matter? I'm afraid it does.
I've no further questions, Your Worship.
You may stand down now, Ms McGillis.
HELEN: Your Worship has heard all the evidence.
The alleged incident actually took place on April 6, 1982.
Jane McGillis was over the age of 12 at the time of the alleged offence.
GLENDA: Yes, this puts it altogether in another light.
It's unfortunate we got this far before this technicality was uncovered.
Nothing I could do, Your Worship.
This leaves little room for persevering with the charge.
Mr Griffin? Anything you'd like to add that stretches beyond a four-letter word? ROB: No, Your Worship.
(Softly) No.
GLENDA: Mr Ellis.
I'm not sure if you understand what happened just now.
It seems the date of the alleged incident was a year out.
According to new evidence, the alleged offence took place in 1982, rather than 1981, and that the complainant, Jane McGillis, had recently turned 12, rather than 11.
It is a legal requirement that we try a charge according to the law at the time an alleged crime took place.
It was a ruling at the time of the offence that any victim who was between the ages of 12 and 16 must commence legal proceedings within 12 months of the offence.
As that time has expired, the charge cannot be pursued.
I have no option but to discharge the defendant.
(People murmur) CLERK: All stand.
The Fourth Division of the Melbourne Magistrates' Court is adjourned.
ROB: Sense? Of course it doesn't make sense! JANE: But why? Who decided kids between the ages of 12 and 16 are fair game? What kind of law is that? He admitted it in his statement.
It's a technicality.
It's got nothing to do with justice.
It's a law.
It's some old, stupid law.
It doesn't work like that now.
But it did in 1982 and we're stuck with it.
But what (Angrily) It's too late, Jane! It's too late to lay the charges.
What difference can it make? He did it! He said he did it.
I had that experience.
He did those things to me! ALEX: I know.
It's bullshit.
JANE: It's just incredible! All for nothing.
We did that all for nothing! No way.
You had the guts to do it, and he'll have to live with it now.
I'll go down to the office.
There's a chance of directly presenting Forget it.
It's stuffed.
MAN: Excuse me, Ms McGillis? I'm from the 'Herald'.
We'd like to do an exclusive on this.
You probably don't feel up to it now, but just because you got dudded in there doesn't mean you can't have a big say.
If you can name me now, you can name him, right? MAN: Sure can.
Thanks.
You, uh do you feel like a coffee or something? Thanks, Robbo, but I think I'll just go and get shitfaced.
(Sighs deeply)