Crownies (2011) s01e08 Episode Script
Episode 8
Alfred Robert McMahon was more than a good policeman.
He was a good man.
Where did the assault take place? In the car park.
Cooper laid into him, chased him down towards the water, where we assume he gave him another couple of whacks and left.
So he died on the beach? He was concealed by the rocks.
No-one saw him until it was too late.
Him, that one.
There's no rush.
Take your time.
Number five.
You sure? Absolutely.
Ben, I'm sorry.
You just identified our computer technician.
Are you you know? Janet, that's fantastic, how many weeks? Seven.
You and I both know that Mr McMahon drowned.
It was the incoming tide that killed him, not my client.
Cooper downloaded an Oz Tides app to his phone a year ago.
Accessed it daily, until deleting it in the early morning of the 3rd.
So he did know how high the tide would come in.
He just didn't care.
Proceed on the indictment for murder.
£ Theme music £ What do I do stand in a shop £ Waiting for that money to drop £ Stand all day on a concrete slate £ My feet are aching Don't get a break £ Singing, 'What do I do? £ What am I to do? £ What do I do? £ What am I to do?' GROUP: £ What do I do? £ What am I £ .
.
to do? £ There.
Where? That's it? It's tiny.
Looks comfy, though.
Very snug.
Oh, you clever thing.
Oh, I don't think I'm doing much.
So Dr Malick said everything's alright? Yeah, all good.
No foetal abnormalities.
The pregnancy is viable at this stage.
How that becomes one of us - that's clever.
Time to celebrate! Are you allowed a sip? Yeah, just a sip.
Chris will be so disappointed.
He misses the first picture and champagne.
Give him one of these and send him our love.
He'll probably get it framed, knowing him.
Here, let me.
You look after her! She's now officially in a delicate condition.
Thanks very much.
You right? Fine.
What can I do? Nothing.
Food? Water? Bucket? Ash! For the next seven months, you are first priority.
We're going to be mothers.
I promise not to abuse my power.
(Champagne bottle pops) Whoa! Cheers.
Who's first? Just a sip.
Alright.
Tony! We only have to call the witnesses nominated for cross-examination.
Yeah, well, Alan should go back to law school.
Bloody ridiculous.
Ulysses - now that's a great book.
Fantastic.
Book of the century.
Know what it's about? Have no idea.
Need a hand? Thanks, could you just put those on my desk? Sure.
Morning, Erin.
How are we coping? Alright, I think.
I see you got your photo in the paper after Heather-Marie Stone was declared insane.
Well, it was Rhys they were snapping.
I was just Standing right in front of him? Yes, but they just sort of swooped Best not to look keen for press.
You were just doing your job.
Yes, not appropriate.
Understand.
Good.
What will we do about today? Today? What's today? Ben, the Cooper trial.
Oh, shit.
Are you going to try and go? Are we allowed to go? I feel like some of us should try and be there for him.
I can't.
Lina's dumped this hideous fraud case on me and there's a thousand mentions.
Well, what about you? Well, I should have time, but I can't sneak off, can I? I guess I'll have to ask the Avian Avenger.
Yes, ask or grovel Where's Janet? Janet, can you give me five? JANET: (Thanks very much.
) Facebook? Yes, bloody Facebook.
One of my jurors, in his infinite wisdom, posted a poll online inviting his friends to help him decide Hammel's guilt or innocence.
Oh, for God's sake! Instant discharge, then? Yes, of course.
Well, surely Justice Cosnett could have proceeded with 11? We tried, but then we discovered another juror, sourced from the same defective gene pool, voted in the poll! So of course His Honour aborted the trial.
It's been relisted for next week.
So you're Double-booked, yes.
Well, can't Cooper be adjourned? Tried that this morning.
The defence kicked up a stink.
You know, the defendant shouldn't be made to wait, with all the resources of the Crown, etc.
They've given us two hours.
I need you, Janet.
Tony can continue with your Wallace 'kid-smothering mother' committal and the Davenport assault.
I've checked with Tracey - none of it clashes with Hammel.
David Sorry, Janet.
No-one else has even looked at the Cooper matter.
You're the only one broadly across the issues.
Chain of causation, intervening act.
Two hours? It's more like an hour 50 now.
OK.
Oh, great.
So Janet gets Cooper all prepped and ready to go, and I get the front end of a filicide? It'll just be examining psych reports at this stage.
Oh, I can't wait to read all about why Mrs Wallace topped her kids.
You know, there's something to be said for compulsory sterilisation.
Is there? No, not really.
It's a joke! (Laughs sarcastically) To work, then? Yes? Yes, yes.
No time for cynical Australian humour, apparently.
Ah, this case is more circumstantial than usual.
We'll be relying on the jury to infer from the evidence that McMahon Met his death as a result of the assault.
Yes.
It's a paradigm case of conduct causing death.
And the CCTV footage? Is visually impacting and our best weapon, and shows intention to cause really serious injury.
And the fact that Cooper waited for him.
How do you deal with dramatic, last-minute change? I Well That expression isn't helping, Richard.
This is just my face.
Well, fix it.
(Pencil scrubbing) Worked till three in the morning on that.
I think you'll find it's a very strong opening.
Have you emphasised the evidence that points to Cooper's intention to kill? Yes, of course.
Ah, Tracey? Yes, Tony? Ah, Wallace matter, Davenport matter - I need those files.
Oh, well, then Ah, it's here - pages six and nine.
Alright, but if the defence apply for a no case to answer, we're going to need more case law.
They're gonna argue that McMahon could've moved after Cooper assaulted him.
We need to emphasise the causation more.
Ah, we have Hallet Pitts, Royall.
Pitts, really? Royall? Wasn't the High Court divided over whether the chain of causation was broken? Yes, but here McMahon ran to the water.
The Court agreed that an act of self-preservation in the face of violence which results in death does not break the causal link.
Aren't we saying he was chased? Followed.
The CCTV doesn't support chased.
Oh, God.
Wish we could use something from this century, or at the very least, this country.
Let's try and make it relevant for the jury.
Ah, what about McAuliffe? It was, uh New South Wales Court of Criminal Appeal, I think, early '90s.
Yes, good.
Thank you, Richard.
Hang on, why are you calling Ben first? What do you mean? Have to call him.
Not first.
He'll be a very sympathetic witness for us.
We don't need him up front.
He's the principal witness to the dispute behind the assault.
He couldn't even identify the antagonist.
But if he handles himself well, he'll bring the jury to our side right off the bat.
'If'! Oh.
OK, let me read.
Just let me read.
Erin? Trace? Just thought I'd let you know that I can't do these two.
They're in Local Court today and tomorrow, and I'll be at the Cooper trial.
Oh, yes, of course.
I'll be praying for you, Ben.
Oh, thanks, but shouldn't be necessary.
I've gone through everything with Tony, and I know exactly what he's going to ask me and what I've got to say.
Ah.
What? Are you fucking serious? Hammel got aborted.
Tony's got the retrial straightaway.
And they're giving Janet two hours to prep for the trial? Hour and a half.
No, that's ridiculous.
Gotta talk to David.
Need to get this adjourned.
Ben, it's happening.
No, it's fine.
Honestly, there's nothing to worry about - at least she has some time and she knows the case.
We've briefed her and I'll be there and Andy will be in court too.
We're good to go.
We are better than good.
We are going to prosecute the arse off this case, hmm? (Breathes deeply) Just breathe.
Breathe it out.
Tony and I have been working on this for weeks, and now there's a new judge and a new Crown.
Yeah, but it's Elvis.
Even Janet will struggle with this.
Just focus on what you have to do.
Everything was planned.
There is so much detail in this case.
If we are going to sell the truth, she needs to know the detail, not just the principles.
If you leave something out, the whole thing's gone.
Richard! You know the detail.
That's why you're there.
This is your time to shine.
You have to feel the strength that comes from knowing that you're the keeper of the flame.
(Breathes heavily) You can feel it, can't you? Tell me what you feel.
Sick.
OK.
Alright, change of subject.
Enough about you.
What about me? Tatum, please.
I was planning to come and watch, support Ben, all that.
I go to Tracey and she hits me with a pre-trial conference Ben was supposed to do, but get this - the defendant is a non- English-speaking self-represented.
Right.
How good is that? Sure.
No defence counsel, Richard.
It's going to be a breeze.
I'll be free by lunch.
And since I'm such a good mood, now's the perfect time for me to tell you that Listen.
Now's the perfect time for me to tell you that I'm bestowing upon you the supreme honour of being my chief bridesmaid.
No.
It's not negotiable.
No, Tatum, forget it You should probably start planning my hen's party now.
And if you get me a penis pinata, I kill you.
Go get 'em, tiger.
I'm not your bridesmaid! Tony was calling me first.
I know.
Are you? Don't you trust me? I don't have time to have an emotionally charged conversation about strategy.
Look, I can make him human for them.
So can I.
Not the way that I can.
We need to give the jury a face.
Show them Alfred was part of a family, that he meant something.
Now he's gone, Janet.
Can you do it just like that? Mm-hmm.
Do you know your statement? Backwards.
Janet? Times, conversations, Alfred's attitude, Cooper's attitude? Everything.
If I start leading you through evidence, I don't want a single surprise.
If I ask you a question, I want the answer to be exactly what I'm expecting from your statement.
It will be.
I give my witnesses the exact same speech.
I've been reading that statement every single night.
Dad grills me on it over breakfast.
It's even on my iPod.
RICHARD: (Clears throat) Ten minutes.
Come on.
OK, I'll see you there.
OK.
What the hell is that? Um, I drew it up last night.
It's a chart of our ideal jury composition.
Out of the jury pool we have, if we use all of our preemptive challenges, we should have a 26.
5% chance of getting a favourable gender balance.
Use the Force.
You right? Fine.
Fine.
Nerves - happens to the best of us.
It's not nerves.
(Laughs) It's alright.
Just breathe.
It's OK to be a bit anxious.
The best thing is just to sit with the feeling.
I know a good relaxation exercise.
Picture a clearing, and the sound of running water Richard.
.
.
and the smell of freshly cut grass.
And the warmth of the sunlight on your skin - it helps to be naked Richard! Shh, shh.
This This is Janet's secret garden.
Let's empanel the jury.
A judge once said that using a jury is asking the ignorant to use the incomprehensible to decide the unknowable.
But somehow it works .
.
most of the time.
(Short beeps) (Frenzy of beeps) Bonjour.
Go away.
What? I can't talk to you.
What'd I do? Ben, I'm sitting on the Cooper trial.
But what? It's Rosenberg? They switched it this morning.
Tony should have been told.
It's not Tony.
It's Janet.
Well, what else has changed? Is Cooper still the defendant? Well, he fucking better be.
Rosenberg doesn't know about us though, does he? Well, he will if anyone sees us talking.
Well, can you text me the inside goss? Don't even think about it.
I'm not going to be your Deep Throat.
At least not in court.
(Ambulance siren in distance) (Sighs) I just wanted to say, you know, good luck.
Well, it's not a test match, but thanks.
So, what happened to breakfast? Oh, I got called into work early.
(Laughs) You're a witness at your own grandfather's trial, and they're loading you up, right? Listen, if you're on the spot, just stall until you collect your thoughts.
A drink of water.
Cool head, clear voice, poker face.
The jury don't think about points of law.
They just listen to what's said.
Is it bullshit, or not? Be confident.
Not arrogant.
Facts Not memories.
That's it.
You sure Janet knows this case? Yeah.
And you'll be here waiting when they call you? See you when they break.
(Baby crying) Here.
Oh, thanks.
No worries.
What's his name? Marlowe.
He's the devil in nappies, aren't you? You going in? Yeah.
Fingers crossed, hey? It's just, I don't I don't think they let kids in court.
Great.
Well, no-one told me! What am I supposed to do now? Do you mind just watching him for a sec? I've just got to call Mum.
Yeah, sure.
Thanks.
Hi, little man.
Everything's OK.
What have we got? Scary Janet, she's going to put the nasty man away.
She is.
She's very scary.
A little tardy this morning, Ms King.
Rosie's not happy.
Come now.
Let's play nice.
Julian Matthew Cooper, the numbers you will now hear called are those of the jurors by whom you are to be tried.
If you will challenge them, you must challenge them before they are sworn or affirmed.
(Suspenseful music) Challenge.
That's what we want.
Don't challenge.
Challenge.
We're going to get a jury full of Coopers, at this rate.
Don't they walk away feeling like the whole system's biased? Yes.
They're told it's their right and duty to serve, but then we come along, give them the once over and out they go.
The thinking is that if the verdict's unfavourable, the defendant's more likely to accept it because he has participated.
Doesn't seem fair to anyone.
It isn't.
They should abolish preemptory challenges altogether.
It's outdated, and bloody expensive.
Mmm, young Jedi, it looks like we have a fight on our hands.
Thanks.
Hello, my Arabian princess.
Hello, my Anglo-Celtic convict warrior.
What, shouldn't you be in there? No, I just need a minute to cool down.
You know, we pour weeks of work into the investigation, more weeks into making sure the brief's as full as Tony asked us to make it, then everything goes to the dogs and we get a new Crown an hour before the trial.
Wonderful.
Oh, we had a court order.
It had to go ahead.
What would you have done? Frontier justice.
That's my answer.
Did Cooper do it? Yep, right, bang.
Problem solved.
A lot cheaper.
Sounds fair to me.
Hey, that's nice.
Oh yeah, Dad got it for me.
It's from his village.
Hey, did you know that the IRA had a history of supporting the Palestinian cause? Been reading up? Googling.
Does that count? Oh.
Your people, my people.
Hey, perhaps we've got more in common than you think.
Refugees from occupied lands find love in antipodean outpost.
Yeah, even though I'm a third-generation skip, don't ask me to ever to get the, you know What? Oh, no, don't worry.
Oh, but my dad might have different ideas.
Oh, my dad can't stop talking about you.
I think he wants to marry you.
Well, he did go for the mouth kiss.
Well, it's his inalienable right, as laid out in the Dad Charter, clause 811, I think it is.
Right after Dad Jokes.
Oh, I don't mind.
He's kinda cute.
That's just wrong.
What! I'm just keeping it in the family.
Oh, stop talking! Good luck.
What you're being asked to determine, after hearing the evidence, is whether the prosecution has proved, beyond reasonable doubt, that the accused, Julian Cooper, murdered Alfred McMahon.
That the death of the deceased occurred that night is not in dispute.
That the ultimate cause of death was by drowning is also not in dispute.
What is in contention, however, is the role that the accused played in relation to the death.
We will ask you to find that the casual link between the accused's assault and Mr McMahon's death was not broken by the incoming tide.
And, therefore, the accused acted with the intention to cause Mr McMahon's death.
Furthermore, the accused Your Honour, I beg your pardon.
We respectfully request that all the witnesses remain out of the courtroom.
Your Honour, my learned friend is mistaken.
Detective Senior Sergeant Campbell is the Crown informant.
And witness.
Customary practice the informant stays in the court, Your Honour.
I am aware of that, thank you.
Yes, Your Honour.
Your Honour, there is no need for Detective Campbell to remain in the court until he is required to give evidence.
Detective Campbell has been crucial to assembling the Crown's case, and he He, um Are you OK? Sorry.
His immediate presence is paramount to ensuring an expeditious trial.
Give me a moment.
(Novelty musical ringtone) I will not tolerate phones in my court.
(Ringtone continues) It's not my ringtone.
In your own good time, Mr Stirling.
It It's It's not mine.
Madame Crown, if you can't control your solicitor, I will.
(Phone continues to ring) (Ringing stops) I rule against the Crown.
Detective Campbell, you are a witness and will take leave of the court until you give your evidence.
Your Honour! Now, Detective! Continue.
Julian Cooper is a hard-working husband and the father of a small child.
He had been enjoying an afternoon at the beach when he discovered he'd been parked in.
But the owner, Mr McMahon, proves to be a cantankerous old bastard, who makes Julian wait and wait over two hours.
The accused is a man of brute strength, who is skilled in martial arts.
That he pays no attention to disabled parking signs is one small indication of his selfishness.
The evidence will show that the accused waited for the deceased to emerge from the club, alone, and then viciously attacked him.
So yes, there is an assault, with high provocation, in the car park.
We know that, Mr McMahon must have succumbed to unconsciousness very soon after we saw him staggering to the beach.
And we also know that the accused made no attempt to help him or pull Mr McMahon to safety.
They argued for another minute or so, and then Mr McMahon gives him his keys and Julian moves the Camry and then drives off to a party in his own car.
We know that minutes after the attack, the accused deleted an application from his phone which would only have been there in the first place if the nature and timing of tides was a subject he understood and studied.
As far as Julian knows, the old man is still on the beach .
.
recovering.
Unfortunately, to get to the party, he tries to activate the satnav feature on his smartphone.
But because he's driving and the phone is on his lap, he succeeds in accidentally deleting his tidal app first.
The act of deleting this application is therefore designed to hide his knowledge of the subject.
Why? Because Julian Cooper intended to kill Mr McMahon, and he thought he was smart enough to get away with it.
Julian Cooper's only intention that night was to blow off some steam and get his car back on the road.
The only conclusion you'll be able to draw after examining all of the evidence is that Julian Cooper is guilty of murder.
That he is not .
.
guilty of murder.
G'day, Crea, mate.
When are you up? Not till this arvo, after the fuckin' grandson.
Him? Is that you, is it? Fuckin' tool.
Ohh, whoa.
Think that's his tough look, bro.
You wanna start, cockhead? You gonna take a swing, like your pissant granddad? Break it up, you two! Break it up! Stop! Get off him! Stop! Get off him, Ben! Get off him! Ben! You're dead, mate! Get a grip.
You wait, I'll smash you! I know where you live, mate.
Go on, bugger off.
What the hell was that about, hmm? Just cockhead mates.
Oh, for God's sake.
So, how did it go? Huh? I want to know how we're going in there.
Janet opened strongly, but your mate, Richard, is a muppet.
Better not bruise.
REPORTER 1: That could mean postcard-pretty one moment, dust the next.
Geoff Sims, ABC News, near Orange.
REPORTER 2: The wetlands (Dogs yapping) Oh, fuck! Great minds? You scared the shit out of me! I thought we couldn't talk.
I'm bending the rules.
Come on, come in.
I was going to leave this.
I just wanted to make sure you were OK.
We all heard about the fight.
Just for a minute.
I promise, me and the wine won't stay long.
Well, the wine can stay.
It's just you that has to go, right? Well, I can stay, I just .
.
can't talk.
Right.
Well Anyway .
.
talking's so, so '90s.
So, so '90s.
So Alright, come on.
Mm-hmm.
What's Rosenberg saying? What are the jury thinking? (Dog yaps) Come on, you've got to tell me something.
Uh-uh.
Come on.
MAN: Ben? (Knock at door) There's someone outside.
Ben? (Door knocks) Shit, that's Dad! Fuck! What are you doing? Trying to make it go down.
Do you want some help? Oh, no, I think you've done enough.
Shh! Hey.
Thought you might like a nightcap.
Oh sorry, I was um, sleeping.
Big day tomorrow.
Right.
OK.
Well, I'll let you get back to your sleeping.
Thanks.
Night.
Night.
Where were we? We were playing solicitor and judge's associate have sexy time.
Ooh, I love role-play.
Why don't you cross-examine me? Oh, I thought I was doing that.
(Suspenseful music) Dad? Fuck! What Get up.
I'm changing the locks.
Get up now! Why? Why what?! Why are you deliberately trying to sabotage this trial? Can this wait? Maybe I It's not enough that you brawl where everyone can see you, but of all girls, you're sleeping with Rosenberg's associate! Look, there's no pillow talk going on, OK? Oh, you're going to tell that to David when you're held in contempt, she's stood down and Rosenberg moves for a mistrial, you idiot? Don't ask me to clean up for you this time, Ben.
There's no strings to pull in the Supreme Court.
You're on your own.
Your grandfather deserves better than this.
You should think about someone other than yourself for once, hmm? Mr McMahon, you have told the court that you are a lawyer at the Department of Public Prosecutions.
Yes.
And over the course of your employment, you have prepared approximately 50 prosecutions of criminal offenders? Yes.
Do you consider yourself to be a good solicitor? Yes, I guess.
And do you agree that part of being a good solicitor requires good memory retention? Yes, absolutely.
Do you have a good memory? I have an excellent memory.
Could you identify Mr Cooper in the police line-up? I remind you, Mr McMahon, that you are under oath.
No, I couldn't.
So you're asking the court to believe your version of events, even though you couldn't identify the accused? I'm telling the court what happened that evening.
I would suggest to you that because of the personal relationship you had with the victim you have embellished the events of that evening and your evidence-in-chief reflects this biased view.
Your Honour, I object.
The question is unduly belittling to the witness.
Apologies.
I'll withdraw it.
When you were unable to identify the accused in the police line-up, did you abstain from nominating anyone, or did you nominate the wrong man? No, I picked the wrong man.
Oh.
They were very similar.
Nonetheless, at the time, you were certain that man was Julian Cooper.
Didn't the police advise you only to identify someone if you were certain? Yes, they said, 'Are you sure?' And you were? At the time, yes.
But as it turns out, you were mistaken.
Yes.
So, it's possible to state you are certain about something when in fact you're mistaken? Well, it's possible, yes.
Some of the crimes you have prosecuted have been of an extremely violent nature, correct? Yes.
It's a reasonable inference, then, to assume that you are familiar with the type of person who might commit such crimes.
Probably.
Gender.
Age.
The way they hold themselves and interact in social situations, yes? I guess.
But you didn't think Mr Cooper was capable of violence, did you? He threatened my grandfather.
I was extremely worried for his safety.
Really? Well, you can't have been too worried.
Surely with your knowledge and experience, if you thought that Mr Cooper posed a violent threat to your grandfather, you wouldn't have left him alone at the surf club.
The truth is, this confrontation was not really that threatening, was it? It was very threatening.
And you are certain of that? It was your grandfather and not Mr Cooper who behaved in a provocative manner that night, wasn't it? No, you're wrong.
When Mr Cooper came inside and politely asked him to move his car, he was belligerent, insulting and refused to do so.
Alfred McMahon was not the sweet old man you'd have us believe him be.
In fact, he was a hostile ex-police officer who enjoyed administering his own brand of justice.
That bruise, Mr McMahon.
Does everyone in your family use their fists to resolve conflict? Objection! JUDGE ROSENBERG: Mr Rice.
Withdrawn.
Withdrawn.
I think Rice has just shut the gate.
No further questions, Your Honour.
The witness may step down.
JANET: You've just viewed Prosecution Exhibit H, the CCTV footage obtained by the Crown informant, Detective Senior Sergeant Campbell.
Now, Detective, can you please indicate to the court exactly where Mr McMahon's body was discovered? G3.
And at what time did you arrive at the beach? 3.
20am.
Madame Crown, it appears three members of the jury are not in possession of Exhibit C, copies of the map.
I beg your pardon, Your Honour.
We will secure more copies immediately.
If the jury members with a map are happy to share, we will push on.
(Sighs) (Clears throat) (Alert-beeping, machine stops) No.
No, no, no.
Come on, please.
Shit.
Shit, shit! Come on.
Come on! Shit! Well? (Sighs) Mr Vecchio, I understand that Mr Bonucci thinks our judicial system is not a patch on the Florentine one, but the fact remains, he is going to be tried unless we can find a compromise.
Please remind him that we have CCTV footage of him hitting six people in succession with a chair.
It's crazy for him to plead not guilty to the charge of affray.
You could go to prison for ten years.
Signor Bonucci.
Puo' finire in carcere anche per dieci anni.
Hanno I'll filmato della telecamera.
Me ne frego del filmato! Chiunque con un po' di buon senso.
Vendrebbe che sono stato aggredito io quella sera, no vice verca.
Se mi causa, andrai all'inferno, brutta oca.
He's coming round.
Ne vuoi un po' di questo? Ti faccio vedere io cosa.
Nascondo qui, cara mia.
Hai tutta l'aria di averne bisogno.
He, um he loves your outfit.
Is it wool? Non conosci la legge.
Prima fatti n cervello e poi chiamati avocatessa.
Ah, he'd he'd like to learn from you, about justice.
It's a big deal, you know? Playing a part in potentially sending someone to jail.
Some of them come back and visit you in your dreams.
Ready? Crea.
When he stepped into the box, he was hunched over, like this.
He turned his body away from the court, his eyes were down, concealing his expression.
Yes? He only looked up once and when he did, he locked eyes with one person, Cooper.
They're in collusion? He has a victim's gait.
Ted Bundy knew his victim by the tilt of her head as she walked.
I think Crea knows something.
He wants to tell.
He can't live with himself.
How do you know? Call me a kindred spirit.
JANET: Mr Crea, we've established that you're a surfer.
What's the most important thing you need to surf? A surfboard.
And? Waves.
What causes waves? The moon.
And? Tides.
Are we back at preschool? In your opinion, which beach, generally, has the best conditions for surfing? Cronulla.
And you've already told us that you and Mr Cooper used to surf there every day.
Yeah, for a dawnie.
Every day.
Pretty much, depending on the swell.
Why then, Mr Crea, did you and Mr Cooper vary your routine the morning of Alfred McMahon's death, and surf at Bronte? Was it because you knew an elderly man was lying drowned in three inches of water at Cronulla? No.
It's because the party I'd stayed at the night before was in Bronte, and Coops came and met me in the morning with our boards.
Mr Cooper had an Oz Tides tidal application on his phone.
Did you have the same app on your phone? Not when he did, no.
Well, the evidence has shown that Mr Cooper deleted this tidal app in the early hours of the morning of Alfred McMahon's death.
Why do you think he did that? Because .
.
because I don't I don't know.
Mr Crea, remember that in this court you have made an affirmation to tell the truth.
Was it because he was worried it would show he knew the tide would reach Mr McMahon? Ask him.
I Precisely two minutes after the accused deleted Oz Tides from his phone, you installed it on your phone, true? Yep.
You were with the accused at the time? No.
Did the accused ask you to install the application? Nuh.
So it was just a coincidence, then? Ah, yep Yep.
You surfed with the accused four or five mornings a week, and for over a year he'd had a tidal app on his phone.
Two minutes after he accidentally deletes it from his phone, you download the same app to your phone, while you're at a party, and you're asking us to believe that this is just a coincidence? Yep.
I put it to you it was no coincidence.
You knew Julian Cooper had deleted that tidal app, and as there's no record of any call between your two phones at the time, I put it to you you were with him.
No, I You had witnessed the assault, then Julian picked you up in his car - you weren't at the party.
You were driving to the party.
And while Julian drove, you deleted the app from his phone and downloaded the app to yours.
Were you down on the beach? No.
I didn't know Didn't know what? That Mr McMahon was unconscious? No.
What other possible reason would Julian have to ask you to delete that application from his phone? You could have told someone.
And you didn't.
Why not? I don't know.
There was time.
You don't know that for sure.
The evidence suggests that there was time between Mr Cooper's confession to your Objection! .
.
time between Mr Cooper's confession to you about the assault on the beach and Mr McMahon's death where he might have been saved.
The accused took his life.
You took away his chance to live.
From the womb to the grave, we each of us embark upon this journey called life with the good faith that we will die as we are born - naturally and in good time.
And when this faith is broken by the violent and reckless act of another, humanity breaks a little too.
There is a thread of culpability that leads directly from Julian Cooper's fist to Alfred McMahon's body.
Do not for a second forget this when you're considering your verdict.
I feel suitably guilty going home before you.
Janet? Oh! Oh, sorry.
I'm away with the pixies.
Go home.
You're no good to me exhausted.
Hi.
Hi.
Is this yours? Where did you find that? When you gave me all your files the other morning.
I must have got them mixed up.
Did anyone else see this? No, no.
No, no, no, no.
I've just been waiting to get you alone.
Thanks, Erin.
Ash'd kill me if I lost this.
He must be so thrilled.
Yeah, she is.
Oh.
Right.
Sorry.
Didn't know.
That's OK.
Night.
Night.
Uneasy lies the head that wears the Crown.
Don't you dare wake her.
Ash'll kill you.
He's right.
Look at her.
A herd of stampeding elephants wouldn't wake her up at the moment.
I can't wait till this trial is over.
She said she doesn't know who her greater adversary is - the defence or her own body.
Can't she take some sick leave? Her? A sick day? 'Computer says no.
' Well, we may just have to insist.
She's got more than herself to think about now.
And if she doesn't slow down, this one here'll tense up, and that's not pretty.
Says Mr Serene over here.
I don't stress.
But you do get excitable.
That's just an occupational hazard.
Of teaching at a university? It'd kill me if it didn't create some excitement.
We're going to be good parents, aren't we? Well, the three of us will be.
But there's no rule books.
Who knows about the lazy one.
She'll be great.
ERIN: Some juries must spin it out deliberately.
They know they're the centre of attention.
Everyone's waiting for them.
Just try to get your mind off it.
Start another case.
Something interesting.
Ha - what's Crown versus Ferguson, Kline and Twomey? Gang rape.
Or we could talk about your fascinating fraud case I'm now doing.
(Groans) You never replied to my text about that, by the way.
What text? If you want a distraction we could play a game of 500.
Oh! I've got it.
We could work on my wedding invitation list.
(All groan) No.
Alright, be like that.
That's one table I can get rid of.
Look at her.
I know.
Calm as.
Looks can be deceiving.
(Phone rings) Richard Stirling.
Thanks.
Janet.
We have a verdict.
Will the accused please rise? (Slow, tense music) Members of the jury, how say you? Is the accused, Julian Cooper, guilty or not guilty of murder? Guilty.
WOMAN: What? WOMAN 2: Are you joking? Fuckin' no! No.
This is bullshit! What about my kid? What what about my baby? JANET: Well done.
Huh? What am I supposed to do? Just because just because he was a cop and his grandson's a fuckin' lawyer! Bec, it's alright, OK? Bec, it's OK.
I'm gonna be OK.
Who cares about people like us? It's just not fair.
JUDGE: Order.
What am I supposed to do? You just take care of yourselves! It's rigged.
Hug Marlowe for me.
People like us can never win.
Just ignore her.
That was justice, Ben.
MAN: Bloody lawyers! Oh, thank you.
Hey, good work.
Well done.
What a day.
You are a legend.
Thank you.
You owe me five bucks.
Excuse me.
Hey.
How are you feeling? I don't know.
Not how I thought I would.
Are you going to go to the sentencing? If I was you, I'd advise me not to.
So, how long, you reckon? 15, 18 years.
Well, I'll see you tomorrow.
Nice work in there, Mr Bundy.
That will not stick.
It might, if you leave your phone on in court again.
Thought you might like a lift.
Well, what are these for? Well, winning is hard enough, but winning when you feel like throwing up every hour, that's something else.
Roll on, second trimester.
How would you like to celebrate? Take me to a bar and line up a sparkling apple juice.
(Funky house music) Hey, thanks for the ringtone.
I said sorry.
No, you didn't.
Well, you shouldn't have had it on in court.
What, so it's my fault? Generally, yes.
LINA: Hey, where's those drinks? Thank you.
A girl could die of thirst in here! Oh what, is this a mocktail? Fix it, please.
Hmm? Yeah.
What? Come on, let's dance.
What? It's my lava lamp! Tada! Let's dance, you little knob jockey! (Improvises) (Music gets softer) (Incredulous laughter) (Playing becomes disjointed) That's amazing! Awesome.
I think, if I remember, it was my last year at law school.
We'd just won the rugby grand final, so I was in pretty high spirits, I guess.
Anyway, we changed and were going to a function at the Law Society.
We were completely pissed.
'Love, Tatum and Conrad.
' I walked in, I saw who I thought was my mate, John, and I tackled him to the floor.
You tackled a judge? Yes, I did.
And he went down to the floor pretty hard too.
Then rucked him out like a good flanker would.
(Both laugh) What'd he say? Not much.
He was pretty winded, actually.
To Alfred.
Three years - sounds like a long time to be undercover.
Stressful line of work.
Do they give you counselling? You've known me for one day.
You're already sending me off to the psych.
Is he anxious? Very.
They should teach you at law school how to deal with covert drug operatives.
Not your job to care about him, Lina - it's your job to care about the case! If my witness can't function in court without sticking a needle in his arm, where's my case? Police do all the work! And then it gets to you guys.
What do you do? Closed Captions by CSI
He was a good man.
Where did the assault take place? In the car park.
Cooper laid into him, chased him down towards the water, where we assume he gave him another couple of whacks and left.
So he died on the beach? He was concealed by the rocks.
No-one saw him until it was too late.
Him, that one.
There's no rush.
Take your time.
Number five.
You sure? Absolutely.
Ben, I'm sorry.
You just identified our computer technician.
Are you you know? Janet, that's fantastic, how many weeks? Seven.
You and I both know that Mr McMahon drowned.
It was the incoming tide that killed him, not my client.
Cooper downloaded an Oz Tides app to his phone a year ago.
Accessed it daily, until deleting it in the early morning of the 3rd.
So he did know how high the tide would come in.
He just didn't care.
Proceed on the indictment for murder.
£ Theme music £ What do I do stand in a shop £ Waiting for that money to drop £ Stand all day on a concrete slate £ My feet are aching Don't get a break £ Singing, 'What do I do? £ What am I to do? £ What do I do? £ What am I to do?' GROUP: £ What do I do? £ What am I £ .
.
to do? £ There.
Where? That's it? It's tiny.
Looks comfy, though.
Very snug.
Oh, you clever thing.
Oh, I don't think I'm doing much.
So Dr Malick said everything's alright? Yeah, all good.
No foetal abnormalities.
The pregnancy is viable at this stage.
How that becomes one of us - that's clever.
Time to celebrate! Are you allowed a sip? Yeah, just a sip.
Chris will be so disappointed.
He misses the first picture and champagne.
Give him one of these and send him our love.
He'll probably get it framed, knowing him.
Here, let me.
You look after her! She's now officially in a delicate condition.
Thanks very much.
You right? Fine.
What can I do? Nothing.
Food? Water? Bucket? Ash! For the next seven months, you are first priority.
We're going to be mothers.
I promise not to abuse my power.
(Champagne bottle pops) Whoa! Cheers.
Who's first? Just a sip.
Alright.
Tony! We only have to call the witnesses nominated for cross-examination.
Yeah, well, Alan should go back to law school.
Bloody ridiculous.
Ulysses - now that's a great book.
Fantastic.
Book of the century.
Know what it's about? Have no idea.
Need a hand? Thanks, could you just put those on my desk? Sure.
Morning, Erin.
How are we coping? Alright, I think.
I see you got your photo in the paper after Heather-Marie Stone was declared insane.
Well, it was Rhys they were snapping.
I was just Standing right in front of him? Yes, but they just sort of swooped Best not to look keen for press.
You were just doing your job.
Yes, not appropriate.
Understand.
Good.
What will we do about today? Today? What's today? Ben, the Cooper trial.
Oh, shit.
Are you going to try and go? Are we allowed to go? I feel like some of us should try and be there for him.
I can't.
Lina's dumped this hideous fraud case on me and there's a thousand mentions.
Well, what about you? Well, I should have time, but I can't sneak off, can I? I guess I'll have to ask the Avian Avenger.
Yes, ask or grovel Where's Janet? Janet, can you give me five? JANET: (Thanks very much.
) Facebook? Yes, bloody Facebook.
One of my jurors, in his infinite wisdom, posted a poll online inviting his friends to help him decide Hammel's guilt or innocence.
Oh, for God's sake! Instant discharge, then? Yes, of course.
Well, surely Justice Cosnett could have proceeded with 11? We tried, but then we discovered another juror, sourced from the same defective gene pool, voted in the poll! So of course His Honour aborted the trial.
It's been relisted for next week.
So you're Double-booked, yes.
Well, can't Cooper be adjourned? Tried that this morning.
The defence kicked up a stink.
You know, the defendant shouldn't be made to wait, with all the resources of the Crown, etc.
They've given us two hours.
I need you, Janet.
Tony can continue with your Wallace 'kid-smothering mother' committal and the Davenport assault.
I've checked with Tracey - none of it clashes with Hammel.
David Sorry, Janet.
No-one else has even looked at the Cooper matter.
You're the only one broadly across the issues.
Chain of causation, intervening act.
Two hours? It's more like an hour 50 now.
OK.
Oh, great.
So Janet gets Cooper all prepped and ready to go, and I get the front end of a filicide? It'll just be examining psych reports at this stage.
Oh, I can't wait to read all about why Mrs Wallace topped her kids.
You know, there's something to be said for compulsory sterilisation.
Is there? No, not really.
It's a joke! (Laughs sarcastically) To work, then? Yes? Yes, yes.
No time for cynical Australian humour, apparently.
Ah, this case is more circumstantial than usual.
We'll be relying on the jury to infer from the evidence that McMahon Met his death as a result of the assault.
Yes.
It's a paradigm case of conduct causing death.
And the CCTV footage? Is visually impacting and our best weapon, and shows intention to cause really serious injury.
And the fact that Cooper waited for him.
How do you deal with dramatic, last-minute change? I Well That expression isn't helping, Richard.
This is just my face.
Well, fix it.
(Pencil scrubbing) Worked till three in the morning on that.
I think you'll find it's a very strong opening.
Have you emphasised the evidence that points to Cooper's intention to kill? Yes, of course.
Ah, Tracey? Yes, Tony? Ah, Wallace matter, Davenport matter - I need those files.
Oh, well, then Ah, it's here - pages six and nine.
Alright, but if the defence apply for a no case to answer, we're going to need more case law.
They're gonna argue that McMahon could've moved after Cooper assaulted him.
We need to emphasise the causation more.
Ah, we have Hallet Pitts, Royall.
Pitts, really? Royall? Wasn't the High Court divided over whether the chain of causation was broken? Yes, but here McMahon ran to the water.
The Court agreed that an act of self-preservation in the face of violence which results in death does not break the causal link.
Aren't we saying he was chased? Followed.
The CCTV doesn't support chased.
Oh, God.
Wish we could use something from this century, or at the very least, this country.
Let's try and make it relevant for the jury.
Ah, what about McAuliffe? It was, uh New South Wales Court of Criminal Appeal, I think, early '90s.
Yes, good.
Thank you, Richard.
Hang on, why are you calling Ben first? What do you mean? Have to call him.
Not first.
He'll be a very sympathetic witness for us.
We don't need him up front.
He's the principal witness to the dispute behind the assault.
He couldn't even identify the antagonist.
But if he handles himself well, he'll bring the jury to our side right off the bat.
'If'! Oh.
OK, let me read.
Just let me read.
Erin? Trace? Just thought I'd let you know that I can't do these two.
They're in Local Court today and tomorrow, and I'll be at the Cooper trial.
Oh, yes, of course.
I'll be praying for you, Ben.
Oh, thanks, but shouldn't be necessary.
I've gone through everything with Tony, and I know exactly what he's going to ask me and what I've got to say.
Ah.
What? Are you fucking serious? Hammel got aborted.
Tony's got the retrial straightaway.
And they're giving Janet two hours to prep for the trial? Hour and a half.
No, that's ridiculous.
Gotta talk to David.
Need to get this adjourned.
Ben, it's happening.
No, it's fine.
Honestly, there's nothing to worry about - at least she has some time and she knows the case.
We've briefed her and I'll be there and Andy will be in court too.
We're good to go.
We are better than good.
We are going to prosecute the arse off this case, hmm? (Breathes deeply) Just breathe.
Breathe it out.
Tony and I have been working on this for weeks, and now there's a new judge and a new Crown.
Yeah, but it's Elvis.
Even Janet will struggle with this.
Just focus on what you have to do.
Everything was planned.
There is so much detail in this case.
If we are going to sell the truth, she needs to know the detail, not just the principles.
If you leave something out, the whole thing's gone.
Richard! You know the detail.
That's why you're there.
This is your time to shine.
You have to feel the strength that comes from knowing that you're the keeper of the flame.
(Breathes heavily) You can feel it, can't you? Tell me what you feel.
Sick.
OK.
Alright, change of subject.
Enough about you.
What about me? Tatum, please.
I was planning to come and watch, support Ben, all that.
I go to Tracey and she hits me with a pre-trial conference Ben was supposed to do, but get this - the defendant is a non- English-speaking self-represented.
Right.
How good is that? Sure.
No defence counsel, Richard.
It's going to be a breeze.
I'll be free by lunch.
And since I'm such a good mood, now's the perfect time for me to tell you that Listen.
Now's the perfect time for me to tell you that I'm bestowing upon you the supreme honour of being my chief bridesmaid.
No.
It's not negotiable.
No, Tatum, forget it You should probably start planning my hen's party now.
And if you get me a penis pinata, I kill you.
Go get 'em, tiger.
I'm not your bridesmaid! Tony was calling me first.
I know.
Are you? Don't you trust me? I don't have time to have an emotionally charged conversation about strategy.
Look, I can make him human for them.
So can I.
Not the way that I can.
We need to give the jury a face.
Show them Alfred was part of a family, that he meant something.
Now he's gone, Janet.
Can you do it just like that? Mm-hmm.
Do you know your statement? Backwards.
Janet? Times, conversations, Alfred's attitude, Cooper's attitude? Everything.
If I start leading you through evidence, I don't want a single surprise.
If I ask you a question, I want the answer to be exactly what I'm expecting from your statement.
It will be.
I give my witnesses the exact same speech.
I've been reading that statement every single night.
Dad grills me on it over breakfast.
It's even on my iPod.
RICHARD: (Clears throat) Ten minutes.
Come on.
OK, I'll see you there.
OK.
What the hell is that? Um, I drew it up last night.
It's a chart of our ideal jury composition.
Out of the jury pool we have, if we use all of our preemptive challenges, we should have a 26.
5% chance of getting a favourable gender balance.
Use the Force.
You right? Fine.
Fine.
Nerves - happens to the best of us.
It's not nerves.
(Laughs) It's alright.
Just breathe.
It's OK to be a bit anxious.
The best thing is just to sit with the feeling.
I know a good relaxation exercise.
Picture a clearing, and the sound of running water Richard.
.
.
and the smell of freshly cut grass.
And the warmth of the sunlight on your skin - it helps to be naked Richard! Shh, shh.
This This is Janet's secret garden.
Let's empanel the jury.
A judge once said that using a jury is asking the ignorant to use the incomprehensible to decide the unknowable.
But somehow it works .
.
most of the time.
(Short beeps) (Frenzy of beeps) Bonjour.
Go away.
What? I can't talk to you.
What'd I do? Ben, I'm sitting on the Cooper trial.
But what? It's Rosenberg? They switched it this morning.
Tony should have been told.
It's not Tony.
It's Janet.
Well, what else has changed? Is Cooper still the defendant? Well, he fucking better be.
Rosenberg doesn't know about us though, does he? Well, he will if anyone sees us talking.
Well, can you text me the inside goss? Don't even think about it.
I'm not going to be your Deep Throat.
At least not in court.
(Ambulance siren in distance) (Sighs) I just wanted to say, you know, good luck.
Well, it's not a test match, but thanks.
So, what happened to breakfast? Oh, I got called into work early.
(Laughs) You're a witness at your own grandfather's trial, and they're loading you up, right? Listen, if you're on the spot, just stall until you collect your thoughts.
A drink of water.
Cool head, clear voice, poker face.
The jury don't think about points of law.
They just listen to what's said.
Is it bullshit, or not? Be confident.
Not arrogant.
Facts Not memories.
That's it.
You sure Janet knows this case? Yeah.
And you'll be here waiting when they call you? See you when they break.
(Baby crying) Here.
Oh, thanks.
No worries.
What's his name? Marlowe.
He's the devil in nappies, aren't you? You going in? Yeah.
Fingers crossed, hey? It's just, I don't I don't think they let kids in court.
Great.
Well, no-one told me! What am I supposed to do now? Do you mind just watching him for a sec? I've just got to call Mum.
Yeah, sure.
Thanks.
Hi, little man.
Everything's OK.
What have we got? Scary Janet, she's going to put the nasty man away.
She is.
She's very scary.
A little tardy this morning, Ms King.
Rosie's not happy.
Come now.
Let's play nice.
Julian Matthew Cooper, the numbers you will now hear called are those of the jurors by whom you are to be tried.
If you will challenge them, you must challenge them before they are sworn or affirmed.
(Suspenseful music) Challenge.
That's what we want.
Don't challenge.
Challenge.
We're going to get a jury full of Coopers, at this rate.
Don't they walk away feeling like the whole system's biased? Yes.
They're told it's their right and duty to serve, but then we come along, give them the once over and out they go.
The thinking is that if the verdict's unfavourable, the defendant's more likely to accept it because he has participated.
Doesn't seem fair to anyone.
It isn't.
They should abolish preemptory challenges altogether.
It's outdated, and bloody expensive.
Mmm, young Jedi, it looks like we have a fight on our hands.
Thanks.
Hello, my Arabian princess.
Hello, my Anglo-Celtic convict warrior.
What, shouldn't you be in there? No, I just need a minute to cool down.
You know, we pour weeks of work into the investigation, more weeks into making sure the brief's as full as Tony asked us to make it, then everything goes to the dogs and we get a new Crown an hour before the trial.
Wonderful.
Oh, we had a court order.
It had to go ahead.
What would you have done? Frontier justice.
That's my answer.
Did Cooper do it? Yep, right, bang.
Problem solved.
A lot cheaper.
Sounds fair to me.
Hey, that's nice.
Oh yeah, Dad got it for me.
It's from his village.
Hey, did you know that the IRA had a history of supporting the Palestinian cause? Been reading up? Googling.
Does that count? Oh.
Your people, my people.
Hey, perhaps we've got more in common than you think.
Refugees from occupied lands find love in antipodean outpost.
Yeah, even though I'm a third-generation skip, don't ask me to ever to get the, you know What? Oh, no, don't worry.
Oh, but my dad might have different ideas.
Oh, my dad can't stop talking about you.
I think he wants to marry you.
Well, he did go for the mouth kiss.
Well, it's his inalienable right, as laid out in the Dad Charter, clause 811, I think it is.
Right after Dad Jokes.
Oh, I don't mind.
He's kinda cute.
That's just wrong.
What! I'm just keeping it in the family.
Oh, stop talking! Good luck.
What you're being asked to determine, after hearing the evidence, is whether the prosecution has proved, beyond reasonable doubt, that the accused, Julian Cooper, murdered Alfred McMahon.
That the death of the deceased occurred that night is not in dispute.
That the ultimate cause of death was by drowning is also not in dispute.
What is in contention, however, is the role that the accused played in relation to the death.
We will ask you to find that the casual link between the accused's assault and Mr McMahon's death was not broken by the incoming tide.
And, therefore, the accused acted with the intention to cause Mr McMahon's death.
Furthermore, the accused Your Honour, I beg your pardon.
We respectfully request that all the witnesses remain out of the courtroom.
Your Honour, my learned friend is mistaken.
Detective Senior Sergeant Campbell is the Crown informant.
And witness.
Customary practice the informant stays in the court, Your Honour.
I am aware of that, thank you.
Yes, Your Honour.
Your Honour, there is no need for Detective Campbell to remain in the court until he is required to give evidence.
Detective Campbell has been crucial to assembling the Crown's case, and he He, um Are you OK? Sorry.
His immediate presence is paramount to ensuring an expeditious trial.
Give me a moment.
(Novelty musical ringtone) I will not tolerate phones in my court.
(Ringtone continues) It's not my ringtone.
In your own good time, Mr Stirling.
It It's It's not mine.
Madame Crown, if you can't control your solicitor, I will.
(Phone continues to ring) (Ringing stops) I rule against the Crown.
Detective Campbell, you are a witness and will take leave of the court until you give your evidence.
Your Honour! Now, Detective! Continue.
Julian Cooper is a hard-working husband and the father of a small child.
He had been enjoying an afternoon at the beach when he discovered he'd been parked in.
But the owner, Mr McMahon, proves to be a cantankerous old bastard, who makes Julian wait and wait over two hours.
The accused is a man of brute strength, who is skilled in martial arts.
That he pays no attention to disabled parking signs is one small indication of his selfishness.
The evidence will show that the accused waited for the deceased to emerge from the club, alone, and then viciously attacked him.
So yes, there is an assault, with high provocation, in the car park.
We know that, Mr McMahon must have succumbed to unconsciousness very soon after we saw him staggering to the beach.
And we also know that the accused made no attempt to help him or pull Mr McMahon to safety.
They argued for another minute or so, and then Mr McMahon gives him his keys and Julian moves the Camry and then drives off to a party in his own car.
We know that minutes after the attack, the accused deleted an application from his phone which would only have been there in the first place if the nature and timing of tides was a subject he understood and studied.
As far as Julian knows, the old man is still on the beach .
.
recovering.
Unfortunately, to get to the party, he tries to activate the satnav feature on his smartphone.
But because he's driving and the phone is on his lap, he succeeds in accidentally deleting his tidal app first.
The act of deleting this application is therefore designed to hide his knowledge of the subject.
Why? Because Julian Cooper intended to kill Mr McMahon, and he thought he was smart enough to get away with it.
Julian Cooper's only intention that night was to blow off some steam and get his car back on the road.
The only conclusion you'll be able to draw after examining all of the evidence is that Julian Cooper is guilty of murder.
That he is not .
.
guilty of murder.
G'day, Crea, mate.
When are you up? Not till this arvo, after the fuckin' grandson.
Him? Is that you, is it? Fuckin' tool.
Ohh, whoa.
Think that's his tough look, bro.
You wanna start, cockhead? You gonna take a swing, like your pissant granddad? Break it up, you two! Break it up! Stop! Get off him! Stop! Get off him, Ben! Get off him! Ben! You're dead, mate! Get a grip.
You wait, I'll smash you! I know where you live, mate.
Go on, bugger off.
What the hell was that about, hmm? Just cockhead mates.
Oh, for God's sake.
So, how did it go? Huh? I want to know how we're going in there.
Janet opened strongly, but your mate, Richard, is a muppet.
Better not bruise.
REPORTER 1: That could mean postcard-pretty one moment, dust the next.
Geoff Sims, ABC News, near Orange.
REPORTER 2: The wetlands (Dogs yapping) Oh, fuck! Great minds? You scared the shit out of me! I thought we couldn't talk.
I'm bending the rules.
Come on, come in.
I was going to leave this.
I just wanted to make sure you were OK.
We all heard about the fight.
Just for a minute.
I promise, me and the wine won't stay long.
Well, the wine can stay.
It's just you that has to go, right? Well, I can stay, I just .
.
can't talk.
Right.
Well Anyway .
.
talking's so, so '90s.
So, so '90s.
So Alright, come on.
Mm-hmm.
What's Rosenberg saying? What are the jury thinking? (Dog yaps) Come on, you've got to tell me something.
Uh-uh.
Come on.
MAN: Ben? (Knock at door) There's someone outside.
Ben? (Door knocks) Shit, that's Dad! Fuck! What are you doing? Trying to make it go down.
Do you want some help? Oh, no, I think you've done enough.
Shh! Hey.
Thought you might like a nightcap.
Oh sorry, I was um, sleeping.
Big day tomorrow.
Right.
OK.
Well, I'll let you get back to your sleeping.
Thanks.
Night.
Night.
Where were we? We were playing solicitor and judge's associate have sexy time.
Ooh, I love role-play.
Why don't you cross-examine me? Oh, I thought I was doing that.
(Suspenseful music) Dad? Fuck! What Get up.
I'm changing the locks.
Get up now! Why? Why what?! Why are you deliberately trying to sabotage this trial? Can this wait? Maybe I It's not enough that you brawl where everyone can see you, but of all girls, you're sleeping with Rosenberg's associate! Look, there's no pillow talk going on, OK? Oh, you're going to tell that to David when you're held in contempt, she's stood down and Rosenberg moves for a mistrial, you idiot? Don't ask me to clean up for you this time, Ben.
There's no strings to pull in the Supreme Court.
You're on your own.
Your grandfather deserves better than this.
You should think about someone other than yourself for once, hmm? Mr McMahon, you have told the court that you are a lawyer at the Department of Public Prosecutions.
Yes.
And over the course of your employment, you have prepared approximately 50 prosecutions of criminal offenders? Yes.
Do you consider yourself to be a good solicitor? Yes, I guess.
And do you agree that part of being a good solicitor requires good memory retention? Yes, absolutely.
Do you have a good memory? I have an excellent memory.
Could you identify Mr Cooper in the police line-up? I remind you, Mr McMahon, that you are under oath.
No, I couldn't.
So you're asking the court to believe your version of events, even though you couldn't identify the accused? I'm telling the court what happened that evening.
I would suggest to you that because of the personal relationship you had with the victim you have embellished the events of that evening and your evidence-in-chief reflects this biased view.
Your Honour, I object.
The question is unduly belittling to the witness.
Apologies.
I'll withdraw it.
When you were unable to identify the accused in the police line-up, did you abstain from nominating anyone, or did you nominate the wrong man? No, I picked the wrong man.
Oh.
They were very similar.
Nonetheless, at the time, you were certain that man was Julian Cooper.
Didn't the police advise you only to identify someone if you were certain? Yes, they said, 'Are you sure?' And you were? At the time, yes.
But as it turns out, you were mistaken.
Yes.
So, it's possible to state you are certain about something when in fact you're mistaken? Well, it's possible, yes.
Some of the crimes you have prosecuted have been of an extremely violent nature, correct? Yes.
It's a reasonable inference, then, to assume that you are familiar with the type of person who might commit such crimes.
Probably.
Gender.
Age.
The way they hold themselves and interact in social situations, yes? I guess.
But you didn't think Mr Cooper was capable of violence, did you? He threatened my grandfather.
I was extremely worried for his safety.
Really? Well, you can't have been too worried.
Surely with your knowledge and experience, if you thought that Mr Cooper posed a violent threat to your grandfather, you wouldn't have left him alone at the surf club.
The truth is, this confrontation was not really that threatening, was it? It was very threatening.
And you are certain of that? It was your grandfather and not Mr Cooper who behaved in a provocative manner that night, wasn't it? No, you're wrong.
When Mr Cooper came inside and politely asked him to move his car, he was belligerent, insulting and refused to do so.
Alfred McMahon was not the sweet old man you'd have us believe him be.
In fact, he was a hostile ex-police officer who enjoyed administering his own brand of justice.
That bruise, Mr McMahon.
Does everyone in your family use their fists to resolve conflict? Objection! JUDGE ROSENBERG: Mr Rice.
Withdrawn.
Withdrawn.
I think Rice has just shut the gate.
No further questions, Your Honour.
The witness may step down.
JANET: You've just viewed Prosecution Exhibit H, the CCTV footage obtained by the Crown informant, Detective Senior Sergeant Campbell.
Now, Detective, can you please indicate to the court exactly where Mr McMahon's body was discovered? G3.
And at what time did you arrive at the beach? 3.
20am.
Madame Crown, it appears three members of the jury are not in possession of Exhibit C, copies of the map.
I beg your pardon, Your Honour.
We will secure more copies immediately.
If the jury members with a map are happy to share, we will push on.
(Sighs) (Clears throat) (Alert-beeping, machine stops) No.
No, no, no.
Come on, please.
Shit.
Shit, shit! Come on.
Come on! Shit! Well? (Sighs) Mr Vecchio, I understand that Mr Bonucci thinks our judicial system is not a patch on the Florentine one, but the fact remains, he is going to be tried unless we can find a compromise.
Please remind him that we have CCTV footage of him hitting six people in succession with a chair.
It's crazy for him to plead not guilty to the charge of affray.
You could go to prison for ten years.
Signor Bonucci.
Puo' finire in carcere anche per dieci anni.
Hanno I'll filmato della telecamera.
Me ne frego del filmato! Chiunque con un po' di buon senso.
Vendrebbe che sono stato aggredito io quella sera, no vice verca.
Se mi causa, andrai all'inferno, brutta oca.
He's coming round.
Ne vuoi un po' di questo? Ti faccio vedere io cosa.
Nascondo qui, cara mia.
Hai tutta l'aria di averne bisogno.
He, um he loves your outfit.
Is it wool? Non conosci la legge.
Prima fatti n cervello e poi chiamati avocatessa.
Ah, he'd he'd like to learn from you, about justice.
It's a big deal, you know? Playing a part in potentially sending someone to jail.
Some of them come back and visit you in your dreams.
Ready? Crea.
When he stepped into the box, he was hunched over, like this.
He turned his body away from the court, his eyes were down, concealing his expression.
Yes? He only looked up once and when he did, he locked eyes with one person, Cooper.
They're in collusion? He has a victim's gait.
Ted Bundy knew his victim by the tilt of her head as she walked.
I think Crea knows something.
He wants to tell.
He can't live with himself.
How do you know? Call me a kindred spirit.
JANET: Mr Crea, we've established that you're a surfer.
What's the most important thing you need to surf? A surfboard.
And? Waves.
What causes waves? The moon.
And? Tides.
Are we back at preschool? In your opinion, which beach, generally, has the best conditions for surfing? Cronulla.
And you've already told us that you and Mr Cooper used to surf there every day.
Yeah, for a dawnie.
Every day.
Pretty much, depending on the swell.
Why then, Mr Crea, did you and Mr Cooper vary your routine the morning of Alfred McMahon's death, and surf at Bronte? Was it because you knew an elderly man was lying drowned in three inches of water at Cronulla? No.
It's because the party I'd stayed at the night before was in Bronte, and Coops came and met me in the morning with our boards.
Mr Cooper had an Oz Tides tidal application on his phone.
Did you have the same app on your phone? Not when he did, no.
Well, the evidence has shown that Mr Cooper deleted this tidal app in the early hours of the morning of Alfred McMahon's death.
Why do you think he did that? Because .
.
because I don't I don't know.
Mr Crea, remember that in this court you have made an affirmation to tell the truth.
Was it because he was worried it would show he knew the tide would reach Mr McMahon? Ask him.
I Precisely two minutes after the accused deleted Oz Tides from his phone, you installed it on your phone, true? Yep.
You were with the accused at the time? No.
Did the accused ask you to install the application? Nuh.
So it was just a coincidence, then? Ah, yep Yep.
You surfed with the accused four or five mornings a week, and for over a year he'd had a tidal app on his phone.
Two minutes after he accidentally deletes it from his phone, you download the same app to your phone, while you're at a party, and you're asking us to believe that this is just a coincidence? Yep.
I put it to you it was no coincidence.
You knew Julian Cooper had deleted that tidal app, and as there's no record of any call between your two phones at the time, I put it to you you were with him.
No, I You had witnessed the assault, then Julian picked you up in his car - you weren't at the party.
You were driving to the party.
And while Julian drove, you deleted the app from his phone and downloaded the app to yours.
Were you down on the beach? No.
I didn't know Didn't know what? That Mr McMahon was unconscious? No.
What other possible reason would Julian have to ask you to delete that application from his phone? You could have told someone.
And you didn't.
Why not? I don't know.
There was time.
You don't know that for sure.
The evidence suggests that there was time between Mr Cooper's confession to your Objection! .
.
time between Mr Cooper's confession to you about the assault on the beach and Mr McMahon's death where he might have been saved.
The accused took his life.
You took away his chance to live.
From the womb to the grave, we each of us embark upon this journey called life with the good faith that we will die as we are born - naturally and in good time.
And when this faith is broken by the violent and reckless act of another, humanity breaks a little too.
There is a thread of culpability that leads directly from Julian Cooper's fist to Alfred McMahon's body.
Do not for a second forget this when you're considering your verdict.
I feel suitably guilty going home before you.
Janet? Oh! Oh, sorry.
I'm away with the pixies.
Go home.
You're no good to me exhausted.
Hi.
Hi.
Is this yours? Where did you find that? When you gave me all your files the other morning.
I must have got them mixed up.
Did anyone else see this? No, no.
No, no, no, no.
I've just been waiting to get you alone.
Thanks, Erin.
Ash'd kill me if I lost this.
He must be so thrilled.
Yeah, she is.
Oh.
Right.
Sorry.
Didn't know.
That's OK.
Night.
Night.
Uneasy lies the head that wears the Crown.
Don't you dare wake her.
Ash'll kill you.
He's right.
Look at her.
A herd of stampeding elephants wouldn't wake her up at the moment.
I can't wait till this trial is over.
She said she doesn't know who her greater adversary is - the defence or her own body.
Can't she take some sick leave? Her? A sick day? 'Computer says no.
' Well, we may just have to insist.
She's got more than herself to think about now.
And if she doesn't slow down, this one here'll tense up, and that's not pretty.
Says Mr Serene over here.
I don't stress.
But you do get excitable.
That's just an occupational hazard.
Of teaching at a university? It'd kill me if it didn't create some excitement.
We're going to be good parents, aren't we? Well, the three of us will be.
But there's no rule books.
Who knows about the lazy one.
She'll be great.
ERIN: Some juries must spin it out deliberately.
They know they're the centre of attention.
Everyone's waiting for them.
Just try to get your mind off it.
Start another case.
Something interesting.
Ha - what's Crown versus Ferguson, Kline and Twomey? Gang rape.
Or we could talk about your fascinating fraud case I'm now doing.
(Groans) You never replied to my text about that, by the way.
What text? If you want a distraction we could play a game of 500.
Oh! I've got it.
We could work on my wedding invitation list.
(All groan) No.
Alright, be like that.
That's one table I can get rid of.
Look at her.
I know.
Calm as.
Looks can be deceiving.
(Phone rings) Richard Stirling.
Thanks.
Janet.
We have a verdict.
Will the accused please rise? (Slow, tense music) Members of the jury, how say you? Is the accused, Julian Cooper, guilty or not guilty of murder? Guilty.
WOMAN: What? WOMAN 2: Are you joking? Fuckin' no! No.
This is bullshit! What about my kid? What what about my baby? JANET: Well done.
Huh? What am I supposed to do? Just because just because he was a cop and his grandson's a fuckin' lawyer! Bec, it's alright, OK? Bec, it's OK.
I'm gonna be OK.
Who cares about people like us? It's just not fair.
JUDGE: Order.
What am I supposed to do? You just take care of yourselves! It's rigged.
Hug Marlowe for me.
People like us can never win.
Just ignore her.
That was justice, Ben.
MAN: Bloody lawyers! Oh, thank you.
Hey, good work.
Well done.
What a day.
You are a legend.
Thank you.
You owe me five bucks.
Excuse me.
Hey.
How are you feeling? I don't know.
Not how I thought I would.
Are you going to go to the sentencing? If I was you, I'd advise me not to.
So, how long, you reckon? 15, 18 years.
Well, I'll see you tomorrow.
Nice work in there, Mr Bundy.
That will not stick.
It might, if you leave your phone on in court again.
Thought you might like a lift.
Well, what are these for? Well, winning is hard enough, but winning when you feel like throwing up every hour, that's something else.
Roll on, second trimester.
How would you like to celebrate? Take me to a bar and line up a sparkling apple juice.
(Funky house music) Hey, thanks for the ringtone.
I said sorry.
No, you didn't.
Well, you shouldn't have had it on in court.
What, so it's my fault? Generally, yes.
LINA: Hey, where's those drinks? Thank you.
A girl could die of thirst in here! Oh what, is this a mocktail? Fix it, please.
Hmm? Yeah.
What? Come on, let's dance.
What? It's my lava lamp! Tada! Let's dance, you little knob jockey! (Improvises) (Music gets softer) (Incredulous laughter) (Playing becomes disjointed) That's amazing! Awesome.
I think, if I remember, it was my last year at law school.
We'd just won the rugby grand final, so I was in pretty high spirits, I guess.
Anyway, we changed and were going to a function at the Law Society.
We were completely pissed.
'Love, Tatum and Conrad.
' I walked in, I saw who I thought was my mate, John, and I tackled him to the floor.
You tackled a judge? Yes, I did.
And he went down to the floor pretty hard too.
Then rucked him out like a good flanker would.
(Both laugh) What'd he say? Not much.
He was pretty winded, actually.
To Alfred.
Three years - sounds like a long time to be undercover.
Stressful line of work.
Do they give you counselling? You've known me for one day.
You're already sending me off to the psych.
Is he anxious? Very.
They should teach you at law school how to deal with covert drug operatives.
Not your job to care about him, Lina - it's your job to care about the case! If my witness can't function in court without sticking a needle in his arm, where's my case? Police do all the work! And then it gets to you guys.
What do you do? Closed Captions by CSI