Janus (1994) s01e09 Episode Script
A Mischevious Offence
(METAL CLANGS) How's about getting in the dirt too? Dig a bit quicker.
I'm freezing.
You're lucky.
I'm up here in the wind.
Why didn't we get a backhoe? This is a hunch.
I couldn't ask for a backhoe.
If it's such a good hunch, why aren't you digging? Because I'm responsible for your motivation.
You gotta start at the bottom, work your way up.
Couldn't get much lower.
You're making me feel like I'm not doing my job.
That's selfish.
Put like that, I owe you an apology.
Well, being a sergeant is a thankless job.
That's why I get paid more than you.
Well, how come we didn't get a warrant? Have some consideration, will ya? How could I ask a magistrate for a warrant to search for a dead horse that mightn't be here? WOMAN: Racing committee's right on top of this.
It's a billion-dollar industry.
They're keen to ensure their names are kept clean.
Alright.
What sort of loss factor are you talking? 60,000.
Not much at all.
Not when we're dealing with million-dollar deceptions every day.
There's more at stake.
60 grand was lost, according to the bookies' sheets, which they pay 15% tax on.
10 times that would have been bet unofficially.
Then there's all the SPs.
All adds up to lots of bickies.
Yeah Well, where's this boy's statement? (PAPERS RUSTLE) Well, I can see problems already.
I mean, if I call him, he's gonna be subjected to pretty rigorous cross-examination.
A punter saw the scar - corroborates what the kid saw.
Is that it? I'd rather stick with this.
We don't want to take a risk with an 8-year-old.
Right, now.
Flashing Prince Lotto? Flashing Prince Lotto.
Mm-hm.
Golden Crown Castle.
Mm-hm.
So this is the horse with the scar, this is the horse without the scar.
This is the horse they say ran and won the race.
We say it was this horse.
The substitution took place the morning of the meeting.
When this horse is running, this horse is hidden from prying eyes.
The winner gets knocked off and this hack reappears.
No-one's the wiser.
No-one even knows a ring-in took place.
Until the officials start asking questions.
Be bits of this fella in every can of dog food from here to There's no way this horse will ever be found.
I don't know.
It's like a gun used in a robbery.
You get rid of it.
Anything that might incriminate, it's gone.
Chances are this thing's grazing on somebody's property because the accused couldn't bear to kill it.
Lots of racing people love horses.
They couldn't put one down for no good reason.
These blokes aren't career criminals, or lawyers.
OK.
(Clears throat) Have you finished here or what? (Sighs) The informant's produced a videotape which puts the defendants at the crime scene.
Only produced it before lunch.
Opens a whole can of worms.
You're still gonna be finished today, though, aren't you? Well, my bet is the defence will insist upon an adjournment, so Terrific! Where does that leave me? Come on, Rob.
This where you bring your lunch, eh? Why aren't you in chambers? Sitting here, getting some experience, Vic? Only way to avoid you blokes.
We haven't been able to find Steve yet.
Well, find him! Otherwise, they'll go for split trials.
Kidd's already talking about a separate hearing for Darren.
If he does that, they'll ride off on each other's backs.
We'll lose one of them.
Maybe even both.
What's going on? Someone was shooting home movies - a video - on the night.
Police want to ask you about it.
You seen it? Not yet.
What do you reckon? Best way to answer a question is not to answer it at all.
They may not be able to get this video in.
I didn't like this before! I like it even less now! Stick with me, mate.
You'll be wearing diamonds.
WOMAN: All stand.
Fourth Division of the Melbourne Magistrates' Court now resumed.
Be seated, please.
Uh, Your Worship, I seek to put the additional evidence of this videotape footage to the defendants.
We ask that they be placed in Sergeant Johnson's custody for further interview.
It's late to be submitting additional evidence.
MAN: Surely my learned friend's familiar with the Magistrates' Court Act.
MANOULIS: We only learnt of this videotape's existence this morning.
MAN: I have no instructions on it.
It means recalling witnesses.
It changes the picture completely.
I dare say I'll be given a viewing in due time.
Can you supply a copy to the defence, Mr Manoulis? No problem, Your Worship.
Do it.
GLENDA: I think it might be easier if I adjourn till tomorrow morning.
(PAPERS RUSTLE) (Glenda types) (METAL CLANGS) Matron.
Could you do us a favour? I've gotta get a message to a cop named Faithful in TRS.
It's gotta say I know where our long-lost friend Steve is.
Could he see me for our mutual benefit? I know him from the old days.
I can't see it happening.
Seeing you let me down in a big way, Victor, I've got some bad news.
What? I rang around the clerks - there's only the bottom of the barrel.
The best of a bad lot is Clyde Martin.
Oh, eccentricity is just his manner.
'Eccentricity' is too kind.
I don't want to brief him on this trial.
You've managed to avoid him so far.
Feeding Chocolate Royals to pigs, if you ask me! (CLOCK TICKS) I had a similar case to this.
Not to do with the gee-gees, though, no.
Back in '69, there was a ring-in at the greyhound (Coughs) It's not the kind with a screw-top.
Oh, I'm OK.
I'm OK I can see how this'll run.
How will we identify the ring-in again? What's its name? Flagship? Flashing Prince Lotto.
Flashing Prince Lotto.
The ex-trainer will identify this scar We can show the wrong horse ran? As I explained, when I thought you were listening, when you were actually enthralled in something completely different, the ex-trainer will identify Back in '54, there was a deception they did at the trots.
An Italian family.
We could hunt that out.
1954? (Sarcastically) Well, that'll be really handy.
No, it'll be useful.
I prosecute like I defend, Robbo - hard.
Oh, hyenas! Complaining they don't understand anything I say and then misquoting me.
Mr Martin, you're prosecuting the horse ring-in? No comment.
But you're prosecuting, not defending? No comment! If you want to report something, you come inside and listen to my opening address.
And you'd better quote me word for word.
Better be good, you old dickhead.
Oh, it will be, and then I might ask for a suppression order.
I'm not a crook! I've run horses for years! This is insane! If I can throw enough mud, discredit a couple of witnesses, we'll push for 'reasonable doubt'.
You blokes won't even have to get in the witness box.
OK? Clyde.
All set, are you? Hey.
These things are a pain in the neck.
Wonder how many bald barristers there are, but you never get to see.
(Laughs) Andrew Gaze of the legal profession.
What's this about the gait? I'll be here.
I wouldn't have thought one racehorse was much different from any other.
Excuse me, Rob.
Well, what it does is put more strain on the leg that's hitting correctly.
Does that matter? There's a thin bone in their pastern.
Horses won't injure a leg that's already hurt.
It'll be the good leg, because it's taking the weight.
Suppose you've got a heap of horseflesh.
1,200 pound.
And when they're hitting it hard, it might double - 2,000 pound.
How many strides are there in six furlongs? Ah.
Better pop in.
You got a smoke on ya? There's a sign saying 'No Smoking'.
I once saw a sign that said 'Wear Playtex Bras'.
Paid no attention to that either.
You're fighting a hopeless case on legal aid dollars.
Look, witnesses think they're on trial here.
Those blokes in the dock - they're the ones with the problems.
What's this about the scar being seen off the track? Clyde, the steward can't put the scar.
The ex-trainer is I seem to recall someone saw it in a stall.
That's pretty important.
Well, it better not be.
Some small child saw it.
What's the lad like? ROB: An 8-year-old.
Is he a 4-year-old 8-year-old or a 24-year-old 8-year-old? He's eight! MARTIN: Oh, I can see this.
The wily old prosecutor and the young witness.
You know how impressionable children are.
The pitfalls they can be led into.
Up against a band of nefarious bushwhackers, kidnapping horses.
An honest lad being coaxed through his evidence by a grandfather-like prosecutor.
JACK: Silence! All stand and remain standing.
No luck on the horse? No.
I don't think it's crayfish bait.
You run out of ideas? I haven't sent anyone out recently.
DPP said there was no need.
You're a detective.
Earn your money.
I could be a mirror detective and look into it.
But it still might be a bit late, even for Victoria's greatest barrister.
GROSSMAN: Mr Martin, I'd hate to interrupt No, not at all, Your Honour.
If it please, I appear to prosecute.
(TRAFFIC RUMBLES) I'm going back there now.
See you in a minute.
G'day, Terrie.
Bloody barristers! They think we're at their beck and call.
Yeah, know what you mean.
(WALK SIGNAL BEEPS) Oh, Noddy! Watch-house matron sent this in for you.
Trying to bonk the matron, eh? Didn't think sharp aunties was your style.
(PHONES RING) Beauty.
All set for tonight, then, hm? Darbs, if I was gonna bonk sharp aunties, I tell ya, you'd be the first.
Promises, promises.
GLENDA: You may proceed, Mr Tyrrell.
TYRREL: What was the lighting like on the night? Dark, but there was floodlighting.
Kenny wants to deal.
Sorry.
What was that, sorry? Kenny wants to do a deal, but he'll want some help in this business.
Kinda throws a spanner in my works here.
Well, that's why you're so well-paid.
What does he want? WITNESS: He's been in hospital.
So, how far can I go? It kind of depends on what he's got to offer.
WITNESS: His condition's stabilised, but PETER: I'll only get one crack at this.
TYRREL: Well, that's hardly 'life-threatening'! MARTIN: Uh, Mr Bryce.
In February of last year, was a horse called Flashing Prince Lotto one of the animals you were training? BRYCE: Yes.
How many times did you win with him? 11 wins - 4 restricted and 7 open class.
And in terms of ability, how would you describe him? Oh, a few lengths short of a group winner.
Packet of Soothers.
And it was he who was twice sent to Adelaide to run in the Silverton Handicap? Your Honour, how many races must we hear about? The thing at issue here is which horse ran in our race.
GROSSMAN: I think what is implicit in the prosecution case may be not only did he run in your race, but anybody who knew it was Flashing Prince Lotto running would know he's on a certainty.
That is the prosecution case, Your Worship.
Well done, you young fool.
The more they establish his performance, the more it follows if you knew Flashing Prince Lotto was running as Golden Crown Castle, you wouldn't bet on any other horse in the race.
Or if you had a fit horse, like Crown Castle Your horse on steroids wouldn't have been picked on a merry-go-round! (LAUGHTER) Matter for the jury, Mr Bronowski.
May continue, Mr Prosecutor.
And during your visit to Wangaratta, did something happen? BRYCE: Yes.
What? He got his scar.
He was tearing around the mounting yard.
He rubbed his arse against (LAUGHTER) Sorry.
He rubbed his flank against a gatepost.
Tore a muscle.
MARTIN: Could you look at that, please? Does that appear to be similar to the scar? Not similar.
That is the scar.
That's my old horse.
That's not any hack called Crown Castle.
Doing the lolly run? Couldn't you get chewing tobaccy? Very funny, Jack.
MAN: We'll be OK.
MAN 2: Bloody hope so.
Oh, Your Honour, while the jury's enjoying their tea break, I'd like to check the view they'll have of that contraption.
Of course you would.
Challenge! (Giggles) Look at the jockey.
He tries to put him through on the turn, but he won't.
He won't go through other horses because he has a wider gait.
Because of his injury.
There, look - before the turn.
The jockey's punching him up.
He's got his nose between the two horses, but the horse won't go.
The jockey's scrubbing his ears off, urging him through the horses.
But the horse knows what to do.
How? The rider's only showing the whip.
The horse does it easy, in a canter.
He's killed these other horses.
10 wide on the turn and still runs them down.
He's obviously two classes above.
If he'd been allowed to really put in, he would have slayed them.
They couldn't even blow out a candle at the end.
He's not some country hack like their horse is supposed to be.
And looking at the video, which horse do you say won the race? My Prince Lotto.
(HORSES SNORT AND NEIGH) (VOICE SPEAKS OVER PUBLIC ADDRESS S YSTEM) How do you know he's your Prince Lotto and not Crown Castle? He's my horse for sure.
I trained him like a child.
The only thing different is they've painted him up - made his star bigger, painted a sock on him.
They've probably done that to This witness can't speculate! Do you know who may have painted the horse? I don't know.
Thank you.
Mr Bronowski? BRONOWSKl: A lot of horses run with a gait like that? BRYCE: Some with an injury might.
There's no visible evidence of a scar.
You can't see it on this telly.
Normally, the horses are exercised by walking them around the yard? Yes.
There are attendants at the starting gate pushing the horses in if they are recalcitrant? If 'recalcitrant' means that they've got a bad temper.
Not only would the horse's rear end be in view, but a lot of people could observe the condition of it? Suppose so.
You're not making this up about the gate demonstrating the scar? Let the jury play detective.
They love it.
We've got all we need on this.
The shots that show it are too far away.
What makes you think it's there? Stupid question.
BRYCE: Something upset him, and it was only on that side.
Anyone near his rump, because of the scar - you walk near him and he goes berserk.
It won't hurt him, but he thinks it will.
You're a horse psychologist now? Go anywhere near that scar, he'll turn round and bite you.
Look at photo number seven.
Taken immediately after the race.
BRONOWSKl: You can't see a scar there.
Why would they put a rug over him? He's just run a blinder of a race.
They should've hosed him off, not rugged him up.
You can clearly see his markings.
Son, I wasn't at the race.
I'm looking at a photo.
I don't know who painted him up or why.
I've got nothing to do with that.
I'm saying is that's my old horse.
Now, when I said 'they', I don't know who they are.
OK, so you've won your point.
You can't say it was my clients the persons sitting there? No.
I bought into a horse once.
It won a number of things.
We thought we'd get 30-40 grand for it.
But we only got five.
Fair dinkum? Oh, it bled or some such.
When you bleed and the stewards get onto it, that's it.
It's noted you're a bleeder and you're scrubbed for months.
It might be an injury to the snoz, from a flying plate or a whip.
One nostril, it'd only be a knock.
But both nostrils, could be the lungs.
We've got to discuss a few things.
Let's grab a sandwich Tomorrow.
Yeah.
Um Do you think it's a good idea to socialise with the witnesses? Fact-gathering, Robbo.
If you're saying I might go to the pub and have too many sherbets and then come back and not be any good, come out and say it.
PETER: Kenny.
Glad you didn't come out in the yard and see me.
Well, I'm not that stupid.
Gotta be back in a few minutes or they'll suspect something.
Well, this better be about what I think it's about.
Steve Hennessey.
Where is he? (Chuckles) Ease up.
We had a thing a couple of years back.
Organised a couple of safe houses if it got tropical.
He'll be there, or he'll be coming back every couple of days if he's not.
He'll he'll stay there till Mum gives the OK.
Where? I won't say.
And you'll never find him.
I want an indemnity for what's going on in court.
Can't do it.
You can! You can fix it.
I'm not going down for this attempted murder.
It's got to be reachable.
I'm not the tooth fairy.
I'll give you Steve! I'm gonna get him sooner or later.
I'd prefer it to be sooner, but if it's got to be later, well, so be it.
I want to walk! Mate, I'm already doing you a favour.
I could've got you from out there, or I could take you out there now and say, "Thanks a lot.
Stay in touch.
" How do you think that's gonna look? I could put you out there now with a nice little rat jacket.
I'll see what I can do.
About making a deal.
Don't do the wrong thing by me.
(Sobs) Don't shit in me face! (Whimpers) He wasn't doing the shooting, but he was near it.
Any chance of an indemnity? Kenny was one of the VicBank murderers! Acquitted murderers.
I can't believe what you're asking.
Sometimes you've got to break a few eggs to make an omelette.
The only way Kenny would have a chance of an indemnity would be if he gave evidence against his co-accused.
Even then, it's dicey.
Look, a clearer way would be if he negotiated a plea to lesser charges and then testified against his mate.
He doesn't want jail, but he's not crazy.
I might be able to look at the fact that he played a lesser role in the shootings.
Then we throw in a willingness to testify Maybe we'd have something.
I'm invisible, am I? Got no say in this? I got to lose one of 'em because you want? Look, Kenny's a shitpot He's nothing.
You know what the Hennesseys did, and Steve walked.
And I don't want him to walk again.
MAN: I have a request from my client, if a cushion or something could be provided.
Not to facilitate his comfort Um um He has difficulty due to his size.
It's his height, Your Honour.
Need to recall the ex-trainer.
He's told me some useful things.
I once asked for a cushion for my back.
Unobtainable except at my own expense.
Give him your transcript to sit on.
He'd hit his head on the roof.
I can't think of a better place to put it.
Mr Martin, your witness was describing events before the race? MAN: 16 starters.
Crown Castle started misbehaving in the mounting yard.
MARTIN: What happened? Well They were trying to walk him on - whistling him up.
Who was whistling? Trainer, the jockey and the owner were all whistling him on.
Like trying to offer him a bag of lollies.
"Come on, Doggy," they said.
Calling him what? 'Doggy', or something like that.
Could you demonstrate? As you recall? Where are we heading to with this? He's giving evidence as to what he saw.
Go on.
"Here, boy!" (Whistles) "Come on.
Come on, little Doggy.
" (Whistles) "Here, Doggy, Doggy.
" (LAUGHTER) Something like that.
Did he calm down after that? No.
He wouldn't go into the barrier stalls.
Perhaps the steward could show the jury? There.
Watch as we try to get him in.
That horse is awfully spooked.
Some horses are touchy around their flanks, more so if they've had an injury or something.
They go nuts.
In your opinion, why is the horse misbehaving? We've gone near his flanks.
He's still very toey.
(RACETRACK BACKGROUND NOISES) MARTIN: Did something happen after the race? You mean my talk with the accused? Tell tell us.
I told them they'd better sharpen their horse up or he wouldn't be allowed another start.
What did they say? Trainer said, "Don't worry.
We're spelling him.
" What did you make of that? The horse didn't need spelling.
He was really fresh.
He'd just won magnificently.
It's stupid to spell a horse with winning form.
We don't spell them unless they drop form.
We've found the horse.
You are kidding? Alive and kicking.
You were responsible for supervising this horserace? Yes.
There were no cats running, no dogs, no chickens? MAN: No.
They called Crown Castle a dog? Something like that.
Could you have been mistaken, confused it with another horse? MAN: I could have.
I was 20 feet away.
Whether he was a dog or an aardvark isn't really the point.
The point is about this scar.
The horse in question, can you recall seeing a scar on its rump? I didn't see one.
A scar this big you probably would've seen.
And it's not uncommon for a horse to be nervous when he wasn't nervous in the past? I suppose not.
No more questions, Your Honour.
Mr Martin? Uh Now, it's pretty obvious that this is not a dog.
I mean, it'd be a pretty big dog.
(LAUGHTER) 1,200 pounds of dog.
A huge dog.
MAN: Yes.
Why do you make a canine analogy? They were calling it 'Pup'.
Tell us? Yes.
They called it 'Pup'.
MARTIN: Thank you.
GROSSMAN: You're excused.
Uh, in the absence of the jury, Your Honour I'm sorry, ladies and gentlemen, to have you running in and out, but it's nearly teatime anyway.
Just while I put something to the judge.
I'm not keeping secrets from you.
We just have things to consider at this stage.
Thank you, Madam Foreman.
What's the matter with you? They've found the horse.
Better and better.
Your Honour, I seek to recall the ex-trainer.
It's obvious to all those in the court and to all those no longer in the court that this has just come up.
I will provide my somewhat shell-shocked learned friend with a statement of the evidence that we'll seek to adduce.
I'll get Terrie to get the trainer.
Its name's Pup.
He told me at lunchtime.
Find out if it's usual to spell a horse after a win.
MARTIN: But the name of your horse was Flashing Prince Lotto, was it not? Most horses have a pet name.
Phar Lap was called Bobby.
Their racing name's different to what they're called in the stables.
If they change owners, they may change the racing name.
The horse will always come to his nickname.
And what was your horse's nickname? Pup.
And in terms of spelling the horse after a race, would you normally be BRONOWSKl: Your Honour, I think my learned friend is trying to dig into Is this a speech or an objection? It calls for an opinion about a horse viewed on a videotape.
MARTIN: Ah! Your Honour, Mr Bryce is competent to answer, but I have a suggestion.
Why don't we all go and look at the two beasts? What's that going to achieve? MARTIN: Sir, the jury will get the chance to see the horses, to compare the two.
I love this video, but it doesn't give you the feel of the animal.
Of course, we're not gonna bring them into the courtroom.
I doubt we'd fit them into the lift.
(LAUGHTER) (Laughs) Most of the jurors wouldn't have been to a racetrack.
Oh, parasites! Is there a pub in that direction? If he did go to the pub at lunchtime, you ought to put that in your training schedule, Robbo.
(Laughs) Carter knew a house with a party.
Couple of blokes jacked us up there.
So I gave 'em a pat around.
If I'd wanted to cause serious injury, I would've.
They've got a video of you looking like Bruce Lee.
Prosecution reckons they've got you red-hot.
Look, you were there.
You know what happened.
And you want to walk away from the lot.
I didn't know about the shooter.
Maybe we can work on that angle.
But you'll have to nod to a couple.
Maybe we can lose the big one.
The only way you'll minimise this is to plead guilty.
And the only way you'll plead guilty and show remorse is to say what actually happened.
You're gonna have to say who did what - what you did and what your mate did.
Nope.
You can't say, "I did this and I did that, "but I didn't see anything.
"I didn't see my mate standing in front of me "shooting into a room full of people.
" Kenny! This way, please, ladies and gentlemen.
Pretty soon, they'll all be speaking fluent horse.
He's got them onside.
I'll have to call our clients.
I understand there's openings for barristers in the Northern Territory.
Ladies and gentlemen, you can walk up to the horses.
The horse on my left, with the scar, is Flashing Prince Lotto.
And the horse on my right, without the scar, is Golden Crown Castle.
Why is old Clyde looking even more sour? I think he was banking on this, but it's backfired.
His horse doesn't look like a winner.
The jury won't believe it's a ring-in.
Which one's the good one? MARTIN: I don't know horseflesh, but I'd buy the donkey.
(Jurors talk and laugh in disbelief) WOMAN: He's not a racehorse at all! WOMAN 2: You wouldn't put a dollar on it! MARTIN: He looks like garbage! TERRIE: Couldn't run out of sight on a foggy night.
This viewing was your idea.
You take half the blame.
You found the bloody thing.
Good idea to bring us to see these.
Wish I'd thought of it myself.
I might need hand-to-hand combat to escape this one.
Can we go now? After we see them run, Rose.
After we see them run.
BRONOWSKl: In the examination-in-chief, you said you weren't looking for injuries.
What were you looking for? MAN: I look for things in not only the horse I'm backing, all the horses.
Work out what can't win.
You paid attention to all of them? There were 16 horses in that race.
I look to see if one of them's got a knock or if they're sweating up Why would you look if one was sweating? 'Cause it's lost nervous energy.
He's run his race before he starts.
How long are they paraded? They saddle them up and the strapper walks them.
And in this time, you've looked at 16 horses.
16 horses! Yeah.
Your evidence says you saw a scar along the line of his left flank.
Yes.
Did any other horses have scars? Can't remember.
But you remember this one.
He was 20-1, wasn't he? OK, he didn't have any form, but I gave him a once-over.
This scar - was it about 35cm? It was about so long.
What, 20 inches? Eight inches? You said it was vertical.
Yeah.
I thought he'd rubbed against something.
Who gave you the word 'vertical'? Actually, the policeman mentioned that.
He asked if it was vertical.
Sure it was his left flank? Pretty sure.
"Pretty sure"! Well, I think they were walking around that way, so it must've been on his left side.
Do they have to walk that way? No, they can walk the other way.
But I'm pretty sure it was that way.
You think they walked that way, so it must've been his left side.
It may have been 8 or 20 inches.
That's the difference of a foot.
Yeah You're really not sure.
You're saying it must've been because you think they went that way.
It could've been the other side.
Let him finish! Could the scar have been on the right side of the horse you saw? It could've been! It could've been up his arse! Your Honour, the witness is getting upset.
Yes.
Just answer the questions - don't make comments.
Watch your language.
You should've warned this bloke it's nothing personal.
He could be out in the bay, he snaps so well.
Is the lad here? I'm not sure.
Well, wander out and look.
Take your time.
It helps if the jury doesn't think we're feverishly taking notes.
Act like we're not perturbed.
Have a smoke.
Don't hurry back.
BRONOWSKl: How much do you earn? 550 a week.
So $2,000 is a great deal of money.
Four weeks wages.
Were you upset when this animal ran above what you expected? Yeah! Of course you're upset.
You're angry with this horse.
You think, "It couldn't be me.
"I couldn't have guessed wrong.
I'm a pseudo-professional punter.
" And because you guessed wrong, because something else wins, somebody's cheated.
Somebody had cheated.
You'd like to think somebody cheated because you got it wrong.
You failed to observe it as a good horse.
It's happened on a number of occasions, hasn't it? That's what happened this time.
No! I'm suggesting that's what did happen.
Look, it could've BRONOWSKl: Your friends look up to you as a good judge? MAN: Yes.
You give 'em tips? On what I reckon will win.
Some of them lose money on this race? We all did.
So you're thinking up all these imaginary things why you lost, and caused your friends to lose MARTIN: Get off his back.
You're trying to save face.
Your Honour, I hope my colleague Could my clients have trained it for this particular race, and it's run a tremendous race? The witness is being asked to speculate.
I just told them that something shifty's gone on.
We'd been drinking.
The beers were talking.
"The beer was talking"! I hope my colleague isn't trying to imply that this witness deceived his mates.
I'm pursuing whether his drinking stopped him thinking clearly.
MARTIN: You've never had quiet beers at the races? Not to the extent of drunken stupor! That ring any bells? GROSSMAN: Gentlemen! Gentlemen! I apologise, Your Honour.
When the policeman suggested a possible ring-in, you believed it? Yeah.
I did.
And when he mentioned a scar, you were ready to believe you saw one? I did see one.
(Whispers) Thank you.
No more questions, Your Honour.
Look at him, grinning like a shot fox.
Number one, you must make a comprehensive statement in relation to exactly what took place.
Number two, you've got to tell us where Steve is.
And he's got to be there.
And number three, you've got to plead to the affray and two counts of intentionally causing injury.
Now, it's got to be ratified by the DPP, but I wanted to know if you'd be agreeable.
Straight-up, Mr Faithful, is this the best you can do? Afraid so, champ.
(DOOR CLOSES) Your Worship, if I could make an application.
I've been instructed Mr Hardy no longer wants to be represented by Mr Tyrrell.
What? GLENDA: Stand up, Mr Hardy.
Who's your legal counsel as of now? She is.
What are you doing?! At this stage, Mr Tyrrell, it appears that you are no longer party to Mr Hardy's committal proceeding.
Sure about this, Mr Hardy? If anything's placing you in an unfair situation, tell me.
I started all this.
Your Worship, my client will plead guilty to certain charges and will assist the police in the matter.
You'll cop your right whack! You're off! I think an adjournment, Mr Manoulis Yes, Your Worship.
I will return in five minutes and this will be sorted out, won't it? WOMAN: All stand.
Time to pay up.
Out here?! It's a country place.
Can't miss it - it's on a hill.
Shows anyone coming up by car.
He'll either be there or at the pub down the road.
Pick him up at the pub.
He feels safe there.
Better be worth it.
There's nothing to be scared of.
They might look funny with their wigs on.
One bloke might tell you that you're lying.
Just tell the truth and everything will be fine.
Don't go answering questions that he hasn't asked you.
Just what you saw, OK? Oh! Hello there.
Look at the clock, Mr Martin.
(Tuts) Your Honour really should get that fixed.
Cases relating to children giving evidence - got 'em? Yes.
Your witness here? Yes, Your Honour.
MARTIN: Go easy on him.
He's standing up like a man, he'll be treated like one.
The Evidence Act - section on children giving testimony Now, Luke, how old are you? Eight.
Look, this is a silly question You go to school? Yes.
Whereabouts? Minnawalla.
GROSSMAN: What is that? Minnawalla State School? LUKE: Yes.
You know what you've been asked to do by standing in the box? Yes.
What is that? To tell what I have heard and seen.
You see a book there to your right? I think that's your right - I'm dyslexic about these things.
You see the book? Yes.
What is that? Bible.
Tell me what the Bible is about.
Telling the truth.
Yes, but what's in the Bible? What's it a book of? What are the stories about? Could you answer that? LUKE: The Old Testament and the New Testament.
What's the Old Testament about? Time before Jesus.
If you swear on the Bible, is that any different from promising me, as a judge, to tell the truth? Yes.
In what way? If I tell a lie, I'll be punished.
By whom? God.
What happens if you tell a lie, if you just promise to me, and not on the Bible - if you say to the court, I'll tell you, as a judge, that you promise to tell the truth - what happens if you tell a lie to me? I'd be punished.
By whom? By that lady.
(People snigger) GROSSMAN: Mr Martin, anything to say? Nothing, Your Honour.
I'd give him 100%.
He's the only child that's ever bolted in.
(BACKGROUND RACETRACK NOISES) Is your horse going to win? What's his name? Go away.
My dad reckons this is a donkey.
Your dad's head's up his arse.
What's that? Piss off! How did it get that? When did that happen? That's where I cut him with this for not doing as he was told.
MARTIN: Now, do you remember the race meeting? Yes.
GROSSMAN: Keep a loud voice so the jury can hear you.
Don't feel scared.
I'm not scared.
MARTIN: Good.
Did you have occasion to look at a horse in the stalls? Yes.
We're talking about the race itself.
Just a minute.
You don't have to pay attention to any comments from the bar table.
Did you pat the horse? Yes.
Did you see something on the horse? Yes.
What did you see? A big, long scar.
Now did you see the horse win the race? No.
Thank you, Luke.
Thank you.
Luke Don't be nervous.
I'm not here to hurt you.
I'm just trying to find out what happened.
OK? OK.
You saw all this on television, didn't you? What?! The allegation of the horse ring-in.
Uh-uh.
There were a lot of horses at the race.
You're walking round all those horses.
I get tips.
Some men who give tips, they say their horse can win? I like horses.
I like looking at them.
I want to be a trainer when I grow up.
That's good.
So there were dozens of horses that day? Yes.
So I say there are a great number of horses and you got that scar mixed up with another one.
No.
That could be, couldn't it? No.
BRONOWSKl: The thing is, Luke you were going round checking each stall, talking to everyone - talking to lots of people.
He was in a stall by himself.
I thought he was special.
And weren't you told to go home? You were somewhere where you shouldn't have been.
You were doing the wrong thing.
The man told you to go, didn't he? Yeah.
You lied to your dad about being there.
You shouldn't have been up there at all.
No Your dad told you not to go, and you went anyway.
Yes.
You didn't do as you were told.
You're not a person who does as he's told.
I am! Are you lying about this? No.
BRONOWSKl: You've already given evidence in relation to a knife.
Yes.
Someone threaten you with it? No.
Someone wave it at you? No.
Just held it in his hand.
So why did you tell the prosecutor you were scared of the man? Because he said that's what he cut the horse with.
I knew it wasn't a knife that'd hurt the horse because that knife would only make a little cut.
And he had a big scar.
Out of the mouths of babes.
A 'guilty' verdict - how do your clients feel? WOMAN: What's the reaction of the racing committee? Have a good weekend! Well, we did alright.
You and me against the world.
(Reporters ask questions) Look at the poor bugger! Blood rushing to his head - it's all going dark and spotty.
REPORTER: How do your clients feel? BRONOWSKl: No comment.
We might as well have a beer to celebrate.
If we'd lost today, we'd have had a beer to commiserate.
MAN ON RADIO: Out on foot.
Two other vehicles in car park.
G'day, mate.
G'day.
How you going? Good.
What time's dinner? Cook comes in 45 minutes.
Might have a bite.
Couple of pots, thanks.
Right.
Target present.
He's alone in the south-east corner.
Wearing denim jacket and jeans.
He's on the move.
(DOOR OPENS) Police! Don't move! Freeze! Hands behind your head.
On your knees! Facedown on the floor.
Hands behind your back.
Get 'em back! Are you clean? It's my shout.
Let's go.
(Squawks) This place is too rough for us.
We're off.
Well, the way Clyde tells it, he did pretty good.
The old bull and the young bull, with the old bull leading all the way.
Even a hack wins sometimes.
Might have to arrange for you to instruct him on a permanent basis.
(Laughs sarcastically) (Laughs) Sounds like it was pretty well planned.
Nah! If they'd been real crooks, we'd never have found the horse.
It was those beasts that did our work.
Once the jury saw them work out, they could believe the witnesses who couldn't distinguish them.
I'm gonna leave you.
Dianne's waiting for me.
See you tomorrow, Rob.
See you later.
Funny how little things are peculiar to one person.
Like that ex-trainer said 'Pup' and would always use that terminology.
That's what that's what made you click? Little things like that stick in your mind.
I remember we had a suspect for a murder once A bloke said, "Your first killing is better than your first head job.
" I'm still to get my first head job and I've never killed anyone.
You've read my VicBank brief? Eh? Armed rob and cop murder - 18 months ago.
You've read it? Oh, this was a long ways back.
Your brain is soaked, Clyde.
No, it was more than 10 years ago.
I was assisting the coroner on a Homicide Squad matter.
Mmm.
Mmm.
Witness heard it said.
Who said it? Your shout, Robbo.
Come on! Back to my place.
Square off with the wife.
No way.
After all I've done for you? (Laughs) I do remember that case.
You you come back to my place.
Dig out a name for you.
You you crafty old bugger.
(Laughs)
I'm freezing.
You're lucky.
I'm up here in the wind.
Why didn't we get a backhoe? This is a hunch.
I couldn't ask for a backhoe.
If it's such a good hunch, why aren't you digging? Because I'm responsible for your motivation.
You gotta start at the bottom, work your way up.
Couldn't get much lower.
You're making me feel like I'm not doing my job.
That's selfish.
Put like that, I owe you an apology.
Well, being a sergeant is a thankless job.
That's why I get paid more than you.
Well, how come we didn't get a warrant? Have some consideration, will ya? How could I ask a magistrate for a warrant to search for a dead horse that mightn't be here? WOMAN: Racing committee's right on top of this.
It's a billion-dollar industry.
They're keen to ensure their names are kept clean.
Alright.
What sort of loss factor are you talking? 60,000.
Not much at all.
Not when we're dealing with million-dollar deceptions every day.
There's more at stake.
60 grand was lost, according to the bookies' sheets, which they pay 15% tax on.
10 times that would have been bet unofficially.
Then there's all the SPs.
All adds up to lots of bickies.
Yeah Well, where's this boy's statement? (PAPERS RUSTLE) Well, I can see problems already.
I mean, if I call him, he's gonna be subjected to pretty rigorous cross-examination.
A punter saw the scar - corroborates what the kid saw.
Is that it? I'd rather stick with this.
We don't want to take a risk with an 8-year-old.
Right, now.
Flashing Prince Lotto? Flashing Prince Lotto.
Mm-hm.
Golden Crown Castle.
Mm-hm.
So this is the horse with the scar, this is the horse without the scar.
This is the horse they say ran and won the race.
We say it was this horse.
The substitution took place the morning of the meeting.
When this horse is running, this horse is hidden from prying eyes.
The winner gets knocked off and this hack reappears.
No-one's the wiser.
No-one even knows a ring-in took place.
Until the officials start asking questions.
Be bits of this fella in every can of dog food from here to There's no way this horse will ever be found.
I don't know.
It's like a gun used in a robbery.
You get rid of it.
Anything that might incriminate, it's gone.
Chances are this thing's grazing on somebody's property because the accused couldn't bear to kill it.
Lots of racing people love horses.
They couldn't put one down for no good reason.
These blokes aren't career criminals, or lawyers.
OK.
(Clears throat) Have you finished here or what? (Sighs) The informant's produced a videotape which puts the defendants at the crime scene.
Only produced it before lunch.
Opens a whole can of worms.
You're still gonna be finished today, though, aren't you? Well, my bet is the defence will insist upon an adjournment, so Terrific! Where does that leave me? Come on, Rob.
This where you bring your lunch, eh? Why aren't you in chambers? Sitting here, getting some experience, Vic? Only way to avoid you blokes.
We haven't been able to find Steve yet.
Well, find him! Otherwise, they'll go for split trials.
Kidd's already talking about a separate hearing for Darren.
If he does that, they'll ride off on each other's backs.
We'll lose one of them.
Maybe even both.
What's going on? Someone was shooting home movies - a video - on the night.
Police want to ask you about it.
You seen it? Not yet.
What do you reckon? Best way to answer a question is not to answer it at all.
They may not be able to get this video in.
I didn't like this before! I like it even less now! Stick with me, mate.
You'll be wearing diamonds.
WOMAN: All stand.
Fourth Division of the Melbourne Magistrates' Court now resumed.
Be seated, please.
Uh, Your Worship, I seek to put the additional evidence of this videotape footage to the defendants.
We ask that they be placed in Sergeant Johnson's custody for further interview.
It's late to be submitting additional evidence.
MAN: Surely my learned friend's familiar with the Magistrates' Court Act.
MANOULIS: We only learnt of this videotape's existence this morning.
MAN: I have no instructions on it.
It means recalling witnesses.
It changes the picture completely.
I dare say I'll be given a viewing in due time.
Can you supply a copy to the defence, Mr Manoulis? No problem, Your Worship.
Do it.
GLENDA: I think it might be easier if I adjourn till tomorrow morning.
(PAPERS RUSTLE) (Glenda types) (METAL CLANGS) Matron.
Could you do us a favour? I've gotta get a message to a cop named Faithful in TRS.
It's gotta say I know where our long-lost friend Steve is.
Could he see me for our mutual benefit? I know him from the old days.
I can't see it happening.
Seeing you let me down in a big way, Victor, I've got some bad news.
What? I rang around the clerks - there's only the bottom of the barrel.
The best of a bad lot is Clyde Martin.
Oh, eccentricity is just his manner.
'Eccentricity' is too kind.
I don't want to brief him on this trial.
You've managed to avoid him so far.
Feeding Chocolate Royals to pigs, if you ask me! (CLOCK TICKS) I had a similar case to this.
Not to do with the gee-gees, though, no.
Back in '69, there was a ring-in at the greyhound (Coughs) It's not the kind with a screw-top.
Oh, I'm OK.
I'm OK I can see how this'll run.
How will we identify the ring-in again? What's its name? Flagship? Flashing Prince Lotto.
Flashing Prince Lotto.
The ex-trainer will identify this scar We can show the wrong horse ran? As I explained, when I thought you were listening, when you were actually enthralled in something completely different, the ex-trainer will identify Back in '54, there was a deception they did at the trots.
An Italian family.
We could hunt that out.
1954? (Sarcastically) Well, that'll be really handy.
No, it'll be useful.
I prosecute like I defend, Robbo - hard.
Oh, hyenas! Complaining they don't understand anything I say and then misquoting me.
Mr Martin, you're prosecuting the horse ring-in? No comment.
But you're prosecuting, not defending? No comment! If you want to report something, you come inside and listen to my opening address.
And you'd better quote me word for word.
Better be good, you old dickhead.
Oh, it will be, and then I might ask for a suppression order.
I'm not a crook! I've run horses for years! This is insane! If I can throw enough mud, discredit a couple of witnesses, we'll push for 'reasonable doubt'.
You blokes won't even have to get in the witness box.
OK? Clyde.
All set, are you? Hey.
These things are a pain in the neck.
Wonder how many bald barristers there are, but you never get to see.
(Laughs) Andrew Gaze of the legal profession.
What's this about the gait? I'll be here.
I wouldn't have thought one racehorse was much different from any other.
Excuse me, Rob.
Well, what it does is put more strain on the leg that's hitting correctly.
Does that matter? There's a thin bone in their pastern.
Horses won't injure a leg that's already hurt.
It'll be the good leg, because it's taking the weight.
Suppose you've got a heap of horseflesh.
1,200 pound.
And when they're hitting it hard, it might double - 2,000 pound.
How many strides are there in six furlongs? Ah.
Better pop in.
You got a smoke on ya? There's a sign saying 'No Smoking'.
I once saw a sign that said 'Wear Playtex Bras'.
Paid no attention to that either.
You're fighting a hopeless case on legal aid dollars.
Look, witnesses think they're on trial here.
Those blokes in the dock - they're the ones with the problems.
What's this about the scar being seen off the track? Clyde, the steward can't put the scar.
The ex-trainer is I seem to recall someone saw it in a stall.
That's pretty important.
Well, it better not be.
Some small child saw it.
What's the lad like? ROB: An 8-year-old.
Is he a 4-year-old 8-year-old or a 24-year-old 8-year-old? He's eight! MARTIN: Oh, I can see this.
The wily old prosecutor and the young witness.
You know how impressionable children are.
The pitfalls they can be led into.
Up against a band of nefarious bushwhackers, kidnapping horses.
An honest lad being coaxed through his evidence by a grandfather-like prosecutor.
JACK: Silence! All stand and remain standing.
No luck on the horse? No.
I don't think it's crayfish bait.
You run out of ideas? I haven't sent anyone out recently.
DPP said there was no need.
You're a detective.
Earn your money.
I could be a mirror detective and look into it.
But it still might be a bit late, even for Victoria's greatest barrister.
GROSSMAN: Mr Martin, I'd hate to interrupt No, not at all, Your Honour.
If it please, I appear to prosecute.
(TRAFFIC RUMBLES) I'm going back there now.
See you in a minute.
G'day, Terrie.
Bloody barristers! They think we're at their beck and call.
Yeah, know what you mean.
(WALK SIGNAL BEEPS) Oh, Noddy! Watch-house matron sent this in for you.
Trying to bonk the matron, eh? Didn't think sharp aunties was your style.
(PHONES RING) Beauty.
All set for tonight, then, hm? Darbs, if I was gonna bonk sharp aunties, I tell ya, you'd be the first.
Promises, promises.
GLENDA: You may proceed, Mr Tyrrell.
TYRREL: What was the lighting like on the night? Dark, but there was floodlighting.
Kenny wants to deal.
Sorry.
What was that, sorry? Kenny wants to do a deal, but he'll want some help in this business.
Kinda throws a spanner in my works here.
Well, that's why you're so well-paid.
What does he want? WITNESS: He's been in hospital.
So, how far can I go? It kind of depends on what he's got to offer.
WITNESS: His condition's stabilised, but PETER: I'll only get one crack at this.
TYRREL: Well, that's hardly 'life-threatening'! MARTIN: Uh, Mr Bryce.
In February of last year, was a horse called Flashing Prince Lotto one of the animals you were training? BRYCE: Yes.
How many times did you win with him? 11 wins - 4 restricted and 7 open class.
And in terms of ability, how would you describe him? Oh, a few lengths short of a group winner.
Packet of Soothers.
And it was he who was twice sent to Adelaide to run in the Silverton Handicap? Your Honour, how many races must we hear about? The thing at issue here is which horse ran in our race.
GROSSMAN: I think what is implicit in the prosecution case may be not only did he run in your race, but anybody who knew it was Flashing Prince Lotto running would know he's on a certainty.
That is the prosecution case, Your Worship.
Well done, you young fool.
The more they establish his performance, the more it follows if you knew Flashing Prince Lotto was running as Golden Crown Castle, you wouldn't bet on any other horse in the race.
Or if you had a fit horse, like Crown Castle Your horse on steroids wouldn't have been picked on a merry-go-round! (LAUGHTER) Matter for the jury, Mr Bronowski.
May continue, Mr Prosecutor.
And during your visit to Wangaratta, did something happen? BRYCE: Yes.
What? He got his scar.
He was tearing around the mounting yard.
He rubbed his arse against (LAUGHTER) Sorry.
He rubbed his flank against a gatepost.
Tore a muscle.
MARTIN: Could you look at that, please? Does that appear to be similar to the scar? Not similar.
That is the scar.
That's my old horse.
That's not any hack called Crown Castle.
Doing the lolly run? Couldn't you get chewing tobaccy? Very funny, Jack.
MAN: We'll be OK.
MAN 2: Bloody hope so.
Oh, Your Honour, while the jury's enjoying their tea break, I'd like to check the view they'll have of that contraption.
Of course you would.
Challenge! (Giggles) Look at the jockey.
He tries to put him through on the turn, but he won't.
He won't go through other horses because he has a wider gait.
Because of his injury.
There, look - before the turn.
The jockey's punching him up.
He's got his nose between the two horses, but the horse won't go.
The jockey's scrubbing his ears off, urging him through the horses.
But the horse knows what to do.
How? The rider's only showing the whip.
The horse does it easy, in a canter.
He's killed these other horses.
10 wide on the turn and still runs them down.
He's obviously two classes above.
If he'd been allowed to really put in, he would have slayed them.
They couldn't even blow out a candle at the end.
He's not some country hack like their horse is supposed to be.
And looking at the video, which horse do you say won the race? My Prince Lotto.
(HORSES SNORT AND NEIGH) (VOICE SPEAKS OVER PUBLIC ADDRESS S YSTEM) How do you know he's your Prince Lotto and not Crown Castle? He's my horse for sure.
I trained him like a child.
The only thing different is they've painted him up - made his star bigger, painted a sock on him.
They've probably done that to This witness can't speculate! Do you know who may have painted the horse? I don't know.
Thank you.
Mr Bronowski? BRONOWSKl: A lot of horses run with a gait like that? BRYCE: Some with an injury might.
There's no visible evidence of a scar.
You can't see it on this telly.
Normally, the horses are exercised by walking them around the yard? Yes.
There are attendants at the starting gate pushing the horses in if they are recalcitrant? If 'recalcitrant' means that they've got a bad temper.
Not only would the horse's rear end be in view, but a lot of people could observe the condition of it? Suppose so.
You're not making this up about the gate demonstrating the scar? Let the jury play detective.
They love it.
We've got all we need on this.
The shots that show it are too far away.
What makes you think it's there? Stupid question.
BRYCE: Something upset him, and it was only on that side.
Anyone near his rump, because of the scar - you walk near him and he goes berserk.
It won't hurt him, but he thinks it will.
You're a horse psychologist now? Go anywhere near that scar, he'll turn round and bite you.
Look at photo number seven.
Taken immediately after the race.
BRONOWSKl: You can't see a scar there.
Why would they put a rug over him? He's just run a blinder of a race.
They should've hosed him off, not rugged him up.
You can clearly see his markings.
Son, I wasn't at the race.
I'm looking at a photo.
I don't know who painted him up or why.
I've got nothing to do with that.
I'm saying is that's my old horse.
Now, when I said 'they', I don't know who they are.
OK, so you've won your point.
You can't say it was my clients the persons sitting there? No.
I bought into a horse once.
It won a number of things.
We thought we'd get 30-40 grand for it.
But we only got five.
Fair dinkum? Oh, it bled or some such.
When you bleed and the stewards get onto it, that's it.
It's noted you're a bleeder and you're scrubbed for months.
It might be an injury to the snoz, from a flying plate or a whip.
One nostril, it'd only be a knock.
But both nostrils, could be the lungs.
We've got to discuss a few things.
Let's grab a sandwich Tomorrow.
Yeah.
Um Do you think it's a good idea to socialise with the witnesses? Fact-gathering, Robbo.
If you're saying I might go to the pub and have too many sherbets and then come back and not be any good, come out and say it.
PETER: Kenny.
Glad you didn't come out in the yard and see me.
Well, I'm not that stupid.
Gotta be back in a few minutes or they'll suspect something.
Well, this better be about what I think it's about.
Steve Hennessey.
Where is he? (Chuckles) Ease up.
We had a thing a couple of years back.
Organised a couple of safe houses if it got tropical.
He'll be there, or he'll be coming back every couple of days if he's not.
He'll he'll stay there till Mum gives the OK.
Where? I won't say.
And you'll never find him.
I want an indemnity for what's going on in court.
Can't do it.
You can! You can fix it.
I'm not going down for this attempted murder.
It's got to be reachable.
I'm not the tooth fairy.
I'll give you Steve! I'm gonna get him sooner or later.
I'd prefer it to be sooner, but if it's got to be later, well, so be it.
I want to walk! Mate, I'm already doing you a favour.
I could've got you from out there, or I could take you out there now and say, "Thanks a lot.
Stay in touch.
" How do you think that's gonna look? I could put you out there now with a nice little rat jacket.
I'll see what I can do.
About making a deal.
Don't do the wrong thing by me.
(Sobs) Don't shit in me face! (Whimpers) He wasn't doing the shooting, but he was near it.
Any chance of an indemnity? Kenny was one of the VicBank murderers! Acquitted murderers.
I can't believe what you're asking.
Sometimes you've got to break a few eggs to make an omelette.
The only way Kenny would have a chance of an indemnity would be if he gave evidence against his co-accused.
Even then, it's dicey.
Look, a clearer way would be if he negotiated a plea to lesser charges and then testified against his mate.
He doesn't want jail, but he's not crazy.
I might be able to look at the fact that he played a lesser role in the shootings.
Then we throw in a willingness to testify Maybe we'd have something.
I'm invisible, am I? Got no say in this? I got to lose one of 'em because you want? Look, Kenny's a shitpot He's nothing.
You know what the Hennesseys did, and Steve walked.
And I don't want him to walk again.
MAN: I have a request from my client, if a cushion or something could be provided.
Not to facilitate his comfort Um um He has difficulty due to his size.
It's his height, Your Honour.
Need to recall the ex-trainer.
He's told me some useful things.
I once asked for a cushion for my back.
Unobtainable except at my own expense.
Give him your transcript to sit on.
He'd hit his head on the roof.
I can't think of a better place to put it.
Mr Martin, your witness was describing events before the race? MAN: 16 starters.
Crown Castle started misbehaving in the mounting yard.
MARTIN: What happened? Well They were trying to walk him on - whistling him up.
Who was whistling? Trainer, the jockey and the owner were all whistling him on.
Like trying to offer him a bag of lollies.
"Come on, Doggy," they said.
Calling him what? 'Doggy', or something like that.
Could you demonstrate? As you recall? Where are we heading to with this? He's giving evidence as to what he saw.
Go on.
"Here, boy!" (Whistles) "Come on.
Come on, little Doggy.
" (Whistles) "Here, Doggy, Doggy.
" (LAUGHTER) Something like that.
Did he calm down after that? No.
He wouldn't go into the barrier stalls.
Perhaps the steward could show the jury? There.
Watch as we try to get him in.
That horse is awfully spooked.
Some horses are touchy around their flanks, more so if they've had an injury or something.
They go nuts.
In your opinion, why is the horse misbehaving? We've gone near his flanks.
He's still very toey.
(RACETRACK BACKGROUND NOISES) MARTIN: Did something happen after the race? You mean my talk with the accused? Tell tell us.
I told them they'd better sharpen their horse up or he wouldn't be allowed another start.
What did they say? Trainer said, "Don't worry.
We're spelling him.
" What did you make of that? The horse didn't need spelling.
He was really fresh.
He'd just won magnificently.
It's stupid to spell a horse with winning form.
We don't spell them unless they drop form.
We've found the horse.
You are kidding? Alive and kicking.
You were responsible for supervising this horserace? Yes.
There were no cats running, no dogs, no chickens? MAN: No.
They called Crown Castle a dog? Something like that.
Could you have been mistaken, confused it with another horse? MAN: I could have.
I was 20 feet away.
Whether he was a dog or an aardvark isn't really the point.
The point is about this scar.
The horse in question, can you recall seeing a scar on its rump? I didn't see one.
A scar this big you probably would've seen.
And it's not uncommon for a horse to be nervous when he wasn't nervous in the past? I suppose not.
No more questions, Your Honour.
Mr Martin? Uh Now, it's pretty obvious that this is not a dog.
I mean, it'd be a pretty big dog.
(LAUGHTER) 1,200 pounds of dog.
A huge dog.
MAN: Yes.
Why do you make a canine analogy? They were calling it 'Pup'.
Tell us? Yes.
They called it 'Pup'.
MARTIN: Thank you.
GROSSMAN: You're excused.
Uh, in the absence of the jury, Your Honour I'm sorry, ladies and gentlemen, to have you running in and out, but it's nearly teatime anyway.
Just while I put something to the judge.
I'm not keeping secrets from you.
We just have things to consider at this stage.
Thank you, Madam Foreman.
What's the matter with you? They've found the horse.
Better and better.
Your Honour, I seek to recall the ex-trainer.
It's obvious to all those in the court and to all those no longer in the court that this has just come up.
I will provide my somewhat shell-shocked learned friend with a statement of the evidence that we'll seek to adduce.
I'll get Terrie to get the trainer.
Its name's Pup.
He told me at lunchtime.
Find out if it's usual to spell a horse after a win.
MARTIN: But the name of your horse was Flashing Prince Lotto, was it not? Most horses have a pet name.
Phar Lap was called Bobby.
Their racing name's different to what they're called in the stables.
If they change owners, they may change the racing name.
The horse will always come to his nickname.
And what was your horse's nickname? Pup.
And in terms of spelling the horse after a race, would you normally be BRONOWSKl: Your Honour, I think my learned friend is trying to dig into Is this a speech or an objection? It calls for an opinion about a horse viewed on a videotape.
MARTIN: Ah! Your Honour, Mr Bryce is competent to answer, but I have a suggestion.
Why don't we all go and look at the two beasts? What's that going to achieve? MARTIN: Sir, the jury will get the chance to see the horses, to compare the two.
I love this video, but it doesn't give you the feel of the animal.
Of course, we're not gonna bring them into the courtroom.
I doubt we'd fit them into the lift.
(LAUGHTER) (Laughs) Most of the jurors wouldn't have been to a racetrack.
Oh, parasites! Is there a pub in that direction? If he did go to the pub at lunchtime, you ought to put that in your training schedule, Robbo.
(Laughs) Carter knew a house with a party.
Couple of blokes jacked us up there.
So I gave 'em a pat around.
If I'd wanted to cause serious injury, I would've.
They've got a video of you looking like Bruce Lee.
Prosecution reckons they've got you red-hot.
Look, you were there.
You know what happened.
And you want to walk away from the lot.
I didn't know about the shooter.
Maybe we can work on that angle.
But you'll have to nod to a couple.
Maybe we can lose the big one.
The only way you'll minimise this is to plead guilty.
And the only way you'll plead guilty and show remorse is to say what actually happened.
You're gonna have to say who did what - what you did and what your mate did.
Nope.
You can't say, "I did this and I did that, "but I didn't see anything.
"I didn't see my mate standing in front of me "shooting into a room full of people.
" Kenny! This way, please, ladies and gentlemen.
Pretty soon, they'll all be speaking fluent horse.
He's got them onside.
I'll have to call our clients.
I understand there's openings for barristers in the Northern Territory.
Ladies and gentlemen, you can walk up to the horses.
The horse on my left, with the scar, is Flashing Prince Lotto.
And the horse on my right, without the scar, is Golden Crown Castle.
Why is old Clyde looking even more sour? I think he was banking on this, but it's backfired.
His horse doesn't look like a winner.
The jury won't believe it's a ring-in.
Which one's the good one? MARTIN: I don't know horseflesh, but I'd buy the donkey.
(Jurors talk and laugh in disbelief) WOMAN: He's not a racehorse at all! WOMAN 2: You wouldn't put a dollar on it! MARTIN: He looks like garbage! TERRIE: Couldn't run out of sight on a foggy night.
This viewing was your idea.
You take half the blame.
You found the bloody thing.
Good idea to bring us to see these.
Wish I'd thought of it myself.
I might need hand-to-hand combat to escape this one.
Can we go now? After we see them run, Rose.
After we see them run.
BRONOWSKl: In the examination-in-chief, you said you weren't looking for injuries.
What were you looking for? MAN: I look for things in not only the horse I'm backing, all the horses.
Work out what can't win.
You paid attention to all of them? There were 16 horses in that race.
I look to see if one of them's got a knock or if they're sweating up Why would you look if one was sweating? 'Cause it's lost nervous energy.
He's run his race before he starts.
How long are they paraded? They saddle them up and the strapper walks them.
And in this time, you've looked at 16 horses.
16 horses! Yeah.
Your evidence says you saw a scar along the line of his left flank.
Yes.
Did any other horses have scars? Can't remember.
But you remember this one.
He was 20-1, wasn't he? OK, he didn't have any form, but I gave him a once-over.
This scar - was it about 35cm? It was about so long.
What, 20 inches? Eight inches? You said it was vertical.
Yeah.
I thought he'd rubbed against something.
Who gave you the word 'vertical'? Actually, the policeman mentioned that.
He asked if it was vertical.
Sure it was his left flank? Pretty sure.
"Pretty sure"! Well, I think they were walking around that way, so it must've been on his left side.
Do they have to walk that way? No, they can walk the other way.
But I'm pretty sure it was that way.
You think they walked that way, so it must've been his left side.
It may have been 8 or 20 inches.
That's the difference of a foot.
Yeah You're really not sure.
You're saying it must've been because you think they went that way.
It could've been the other side.
Let him finish! Could the scar have been on the right side of the horse you saw? It could've been! It could've been up his arse! Your Honour, the witness is getting upset.
Yes.
Just answer the questions - don't make comments.
Watch your language.
You should've warned this bloke it's nothing personal.
He could be out in the bay, he snaps so well.
Is the lad here? I'm not sure.
Well, wander out and look.
Take your time.
It helps if the jury doesn't think we're feverishly taking notes.
Act like we're not perturbed.
Have a smoke.
Don't hurry back.
BRONOWSKl: How much do you earn? 550 a week.
So $2,000 is a great deal of money.
Four weeks wages.
Were you upset when this animal ran above what you expected? Yeah! Of course you're upset.
You're angry with this horse.
You think, "It couldn't be me.
"I couldn't have guessed wrong.
I'm a pseudo-professional punter.
" And because you guessed wrong, because something else wins, somebody's cheated.
Somebody had cheated.
You'd like to think somebody cheated because you got it wrong.
You failed to observe it as a good horse.
It's happened on a number of occasions, hasn't it? That's what happened this time.
No! I'm suggesting that's what did happen.
Look, it could've BRONOWSKl: Your friends look up to you as a good judge? MAN: Yes.
You give 'em tips? On what I reckon will win.
Some of them lose money on this race? We all did.
So you're thinking up all these imaginary things why you lost, and caused your friends to lose MARTIN: Get off his back.
You're trying to save face.
Your Honour, I hope my colleague Could my clients have trained it for this particular race, and it's run a tremendous race? The witness is being asked to speculate.
I just told them that something shifty's gone on.
We'd been drinking.
The beers were talking.
"The beer was talking"! I hope my colleague isn't trying to imply that this witness deceived his mates.
I'm pursuing whether his drinking stopped him thinking clearly.
MARTIN: You've never had quiet beers at the races? Not to the extent of drunken stupor! That ring any bells? GROSSMAN: Gentlemen! Gentlemen! I apologise, Your Honour.
When the policeman suggested a possible ring-in, you believed it? Yeah.
I did.
And when he mentioned a scar, you were ready to believe you saw one? I did see one.
(Whispers) Thank you.
No more questions, Your Honour.
Look at him, grinning like a shot fox.
Number one, you must make a comprehensive statement in relation to exactly what took place.
Number two, you've got to tell us where Steve is.
And he's got to be there.
And number three, you've got to plead to the affray and two counts of intentionally causing injury.
Now, it's got to be ratified by the DPP, but I wanted to know if you'd be agreeable.
Straight-up, Mr Faithful, is this the best you can do? Afraid so, champ.
(DOOR CLOSES) Your Worship, if I could make an application.
I've been instructed Mr Hardy no longer wants to be represented by Mr Tyrrell.
What? GLENDA: Stand up, Mr Hardy.
Who's your legal counsel as of now? She is.
What are you doing?! At this stage, Mr Tyrrell, it appears that you are no longer party to Mr Hardy's committal proceeding.
Sure about this, Mr Hardy? If anything's placing you in an unfair situation, tell me.
I started all this.
Your Worship, my client will plead guilty to certain charges and will assist the police in the matter.
You'll cop your right whack! You're off! I think an adjournment, Mr Manoulis Yes, Your Worship.
I will return in five minutes and this will be sorted out, won't it? WOMAN: All stand.
Time to pay up.
Out here?! It's a country place.
Can't miss it - it's on a hill.
Shows anyone coming up by car.
He'll either be there or at the pub down the road.
Pick him up at the pub.
He feels safe there.
Better be worth it.
There's nothing to be scared of.
They might look funny with their wigs on.
One bloke might tell you that you're lying.
Just tell the truth and everything will be fine.
Don't go answering questions that he hasn't asked you.
Just what you saw, OK? Oh! Hello there.
Look at the clock, Mr Martin.
(Tuts) Your Honour really should get that fixed.
Cases relating to children giving evidence - got 'em? Yes.
Your witness here? Yes, Your Honour.
MARTIN: Go easy on him.
He's standing up like a man, he'll be treated like one.
The Evidence Act - section on children giving testimony Now, Luke, how old are you? Eight.
Look, this is a silly question You go to school? Yes.
Whereabouts? Minnawalla.
GROSSMAN: What is that? Minnawalla State School? LUKE: Yes.
You know what you've been asked to do by standing in the box? Yes.
What is that? To tell what I have heard and seen.
You see a book there to your right? I think that's your right - I'm dyslexic about these things.
You see the book? Yes.
What is that? Bible.
Tell me what the Bible is about.
Telling the truth.
Yes, but what's in the Bible? What's it a book of? What are the stories about? Could you answer that? LUKE: The Old Testament and the New Testament.
What's the Old Testament about? Time before Jesus.
If you swear on the Bible, is that any different from promising me, as a judge, to tell the truth? Yes.
In what way? If I tell a lie, I'll be punished.
By whom? God.
What happens if you tell a lie, if you just promise to me, and not on the Bible - if you say to the court, I'll tell you, as a judge, that you promise to tell the truth - what happens if you tell a lie to me? I'd be punished.
By whom? By that lady.
(People snigger) GROSSMAN: Mr Martin, anything to say? Nothing, Your Honour.
I'd give him 100%.
He's the only child that's ever bolted in.
(BACKGROUND RACETRACK NOISES) Is your horse going to win? What's his name? Go away.
My dad reckons this is a donkey.
Your dad's head's up his arse.
What's that? Piss off! How did it get that? When did that happen? That's where I cut him with this for not doing as he was told.
MARTIN: Now, do you remember the race meeting? Yes.
GROSSMAN: Keep a loud voice so the jury can hear you.
Don't feel scared.
I'm not scared.
MARTIN: Good.
Did you have occasion to look at a horse in the stalls? Yes.
We're talking about the race itself.
Just a minute.
You don't have to pay attention to any comments from the bar table.
Did you pat the horse? Yes.
Did you see something on the horse? Yes.
What did you see? A big, long scar.
Now did you see the horse win the race? No.
Thank you, Luke.
Thank you.
Luke Don't be nervous.
I'm not here to hurt you.
I'm just trying to find out what happened.
OK? OK.
You saw all this on television, didn't you? What?! The allegation of the horse ring-in.
Uh-uh.
There were a lot of horses at the race.
You're walking round all those horses.
I get tips.
Some men who give tips, they say their horse can win? I like horses.
I like looking at them.
I want to be a trainer when I grow up.
That's good.
So there were dozens of horses that day? Yes.
So I say there are a great number of horses and you got that scar mixed up with another one.
No.
That could be, couldn't it? No.
BRONOWSKl: The thing is, Luke you were going round checking each stall, talking to everyone - talking to lots of people.
He was in a stall by himself.
I thought he was special.
And weren't you told to go home? You were somewhere where you shouldn't have been.
You were doing the wrong thing.
The man told you to go, didn't he? Yeah.
You lied to your dad about being there.
You shouldn't have been up there at all.
No Your dad told you not to go, and you went anyway.
Yes.
You didn't do as you were told.
You're not a person who does as he's told.
I am! Are you lying about this? No.
BRONOWSKl: You've already given evidence in relation to a knife.
Yes.
Someone threaten you with it? No.
Someone wave it at you? No.
Just held it in his hand.
So why did you tell the prosecutor you were scared of the man? Because he said that's what he cut the horse with.
I knew it wasn't a knife that'd hurt the horse because that knife would only make a little cut.
And he had a big scar.
Out of the mouths of babes.
A 'guilty' verdict - how do your clients feel? WOMAN: What's the reaction of the racing committee? Have a good weekend! Well, we did alright.
You and me against the world.
(Reporters ask questions) Look at the poor bugger! Blood rushing to his head - it's all going dark and spotty.
REPORTER: How do your clients feel? BRONOWSKl: No comment.
We might as well have a beer to celebrate.
If we'd lost today, we'd have had a beer to commiserate.
MAN ON RADIO: Out on foot.
Two other vehicles in car park.
G'day, mate.
G'day.
How you going? Good.
What time's dinner? Cook comes in 45 minutes.
Might have a bite.
Couple of pots, thanks.
Right.
Target present.
He's alone in the south-east corner.
Wearing denim jacket and jeans.
He's on the move.
(DOOR OPENS) Police! Don't move! Freeze! Hands behind your head.
On your knees! Facedown on the floor.
Hands behind your back.
Get 'em back! Are you clean? It's my shout.
Let's go.
(Squawks) This place is too rough for us.
We're off.
Well, the way Clyde tells it, he did pretty good.
The old bull and the young bull, with the old bull leading all the way.
Even a hack wins sometimes.
Might have to arrange for you to instruct him on a permanent basis.
(Laughs sarcastically) (Laughs) Sounds like it was pretty well planned.
Nah! If they'd been real crooks, we'd never have found the horse.
It was those beasts that did our work.
Once the jury saw them work out, they could believe the witnesses who couldn't distinguish them.
I'm gonna leave you.
Dianne's waiting for me.
See you tomorrow, Rob.
See you later.
Funny how little things are peculiar to one person.
Like that ex-trainer said 'Pup' and would always use that terminology.
That's what that's what made you click? Little things like that stick in your mind.
I remember we had a suspect for a murder once A bloke said, "Your first killing is better than your first head job.
" I'm still to get my first head job and I've never killed anyone.
You've read my VicBank brief? Eh? Armed rob and cop murder - 18 months ago.
You've read it? Oh, this was a long ways back.
Your brain is soaked, Clyde.
No, it was more than 10 years ago.
I was assisting the coroner on a Homicide Squad matter.
Mmm.
Mmm.
Witness heard it said.
Who said it? Your shout, Robbo.
Come on! Back to my place.
Square off with the wife.
No way.
After all I've done for you? (Laughs) I do remember that case.
You you come back to my place.
Dig out a name for you.
You you crafty old bugger.
(Laughs)