Crownies (2011) s01e10 Episode Script
Episode 10
Paula, this is Erin O'Shaughnessy of the DPP.
Erin, this is Paula Corvini, my wife.
Yes, we've met.
Hi.
Erin? BEN: Tracey.
MORETTI: Why don't you tell us what you remember about the night of the Christmas party? Unfortunately, very little.
Look, I didn't even know the Attorney-General.
I'd never met him.
Well, according to your swipe card, you next left the building at 5am.
Yeah, I got an egg and bacon sandwich from Bourke Street.
So when you returned to the office that night, you were on your own.
Yes, I had to get my handbag.
Oh, the Mervich case.
The one where the guy got bashed with the boltcutters.
His brains were all over the kitchen floor, and she was standing there with her fingerprints all over the murder weapon.
This cannot be a hard case to prosecute.
Sure.
£ 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 all 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? £ (Printer whirrs) (All laugh) (Laughs) Turn the printer on.
Shh! No! Don't.
One, one.
She was up at 3am making chocolate cake.
Yum Using electric beaters.
Mm, not so popular.
Did you bring the cake in? She had this full-on nightmare about Ray Stone attacking her with boltcutters.
She actually screamed.
Scared the shit out of me.
Maybe we should get her a little blankie.
You can be such a heartless prick sometimes.
She's been having nightmares for months.
Our friends are back.
Do you think that means they know something? Come on, everyone.
Innocent faces.
TRACEY: Excuse me.
(All chatter) BEN: Yep.
Erin.
A drug case I thought I was doing today has fallen through, so I'm going to take a run up to Clarence where Ray Stone was murdered, yeah.
Yeah.
Well, I was hoping you'd like to come.
Don't worry, I'll clear it with David.
Don't views happen during the trial? Yeah, I always like to go pre-trial.
I just haven't had a chance yet in this case.
Some barristers are happy to rely on a police video, but it just doesn't give you that smell, sound and feel of the place.
So .
.
think about it.
I'm going to leave in about an hour, OK? (Sighs) Nothing on anyone's hard drive to indicate a breach of confidentiality? No trace of contact with Jimmy Butcher, or any other journo.
We have to cover all our bases, but that's not an unexpected result.
Well, I wouldn't be emailing the Butcher from my work computer, either.
People do remarkably stupid things.
Well, if they didn't, I'd be working as a gardener.
Very attractive thought, actually.
(Chuckles) So how long did you keep the file before you brought in Janet King? Long enough to call Jimmy Butcher and discuss it with him, if that's what you're asking.
Just covering all our bases.
You and the Attorney-General have known each other for a long time.
As I'm sure you've discovered from your extensive research, Mr Quinn and I were at university together.
And you've appeared opposite each other in a few cases over the years.
Frequently.
We've also had what might kindly be described as a turbulent relationship since he was given the Attorney-General's portfolio, so, yes, I would have greater motive than anyone else in this office to leak Janet King's memo.
This is hardly a revelation.
But you were quick to suggest that it was only those five solicitors who had access to the office the night of the party who should be looked at.
Just covering all bases, are we? (Chuckles) Of course, we'll need access to your hard drive.
Absolutely not.
I'm the Director of Public Prosecution.
And this is a police investigation, and you're a person of interest.
(Knock on door) Yes? Oh, sorry David.
I'll come back.
Janet.
Yes, yes.
I just wanted to let you know I'm heading off to court.
Oh, that's OK.
I think we're done here.
Thank you.
You're in the gun? I never really understood that expression.
Do we need to worry? They're under just as much pressure as we are over this whole fiasco.
Morning.
Morning! Morning.
She's doing good work.
Yeah, she is.
When they find out who it is, you should promote them.
That leak was perfectly executed.
Obviously someone very smart.
Unlike for instance Murray.
I suppose we shouldn't be talking about Mervich, eh? Neat little sidestep performed by you two over the Quinn thing.
Ruin the man without having to spend a cent of your precious budget.
David, when did you turn into such a soft cock? Excuse me.
Ready to watch me get a child abuser's sentence doubled? This shouldn't take too long.
(Typing) £ EERIE MUSIC Ugh! (Knock on door) Clearly your being in the gallery made no difference to anyone.
I'll sit up the front next time.
Six years is a manifestly inadequate sentence to impose on someone who sexually assaulted a six-year-old and a four-year-old.
It's hardly worth appealing, if that's the increase you get.
Manifestly inadequate is a manifestly inadequate description of the penalty.
I've given up calculating exactly what percentage of our workload is given to child sexual abuse cases.
It seems to be increasing exponentially.
And where's the corresponding increase in the championing of victims' rights at a judicial level? Nowhere to be seen.
We are a profoundly disappointing species, Janet.
I need an update on all our closed child sexual assaults.
Conviction rates, sentences, appeals.
If you're happy to wait for the proofs of the annual general report to come outP If I was happy to wait, I wouldn't have asked for the information now, would I? Make sure it's current, up to and including yesterday.
My apologies.
I'll get it to you right away.
And include a copy of the Attorney-General's file.
Yes, David.
Soft cock.
(Tapping) This is boring as bat shit.
I'm going for a smoke.
I'll call you when we're on.
(Door closes) (Sighs) Well, it's half past.
Should we do something? But what if something's happened to Judge Rowley? Nothing's happened to him.
He's just always late? If you're lucky.
So? We wait.
We just sit here? We wait until we're told he's indisposed.
Then we're back here in the morning and pretend like nothing's happened.
(Sighs) No wonder there's such a backlog of cases.
Make a fuss about it and he'll find out.
Then you can kiss your case goodbye.
(Sighs) We seriously just have to wait? Yep.
I feel like I'm in Waiting For Godot.
Well, if you're not too busy shopping.
Thanks for your concern, but I can fit it all in.
I have highly developed time management skills that comes from being so popular and invited to everything.
Oh, in that case you might want to go and visit Tony.
He'll be looking for a solicitor and I know how well the two of you work together.
Can't wait.
Don't wait.
See him now.
Oh! Oh, I wouldn't leave anything on the floor for too long.
Cleaners might just throw it away.
Tracey said you asked for my help.
Don't believe everything that woman says.
And next time, knock.
I've got to finish this advice this afternoon.
If you don't want people to just walk in, you should keep your door closed.
An open door says, I'm friendly, I'm available.
Come in and you'll be met with civility and professionalism.
Patient dies unexpectedly under a doctor's care.
Grieving husband suspects foul play.
What's the starting point? Is this like a quiz? You see a buzzer? Oh, if you don't know, then for Christ's sakes, send in someone who does.
If you're looking at a possible case of negligent manslaughter, you need to establish - one, a duty of care owed to the victim, two, a breach of that duty, three, a risk the conduct could cause death, four, that the breach did cause the death, and five, that the conduct fell way below that required of a reasonable physician in those circumstances.
Come on, give me something else.
I'm just getting warmed up.
What do you know about motor neurone disease? Stephen Hawking.
Hawkings? The Coroner has made a recommendation.
Someone's responsible for this death.
And they want us to formulate the charges? Yes.
Now, Tatum.
What do you mean you can't do it? I can't do this case.
I'm No, I'm not Well, what did he say to you? No, it wasn't Rhys.
I'm just not- You are! No, I'm not coping at all.
Look, I understand.
This is horrible.
Horrible, but you can handle it.
No.
No.
Yes.
You know what I did when I first started here? I made it all about the offences, not about the people or the events.
Look, I made it about the punches, not who was being punched.
I can't do that.
Then substitute.
Instead of saying boltcutters, say the implement.
Take the images away, maybe they'll go away.
They won't get stuck inside you.
They're already there! You had this case before.
It should have stayed with you.
Hi, Rhys, it's me.
Where are you going? To see the wizard.
He needs this.
And you need to respect that.
David's door is rarely closed, as you know.
So when it is, there's a good reason.
I'll knock.
You'll wait.
You're joking! I'll bet you were a prefect.
Something of vital national importance, I'm sure? Saving the world from a man who stuck his phone up a woman's skirt on an escalator and took photos.
I'm assuming the woman was in the skirt at the time, correct? 'Upskirting'.
I can't believe there's even a word for it.
Got any photos on the file, or? Oh, come on.
You're telling me you wouldn't look at them if they were there? I'm not showing you this file.
Just looking for proof, that's all.
So, what does this offence come under? Stalking? Assault? Sexual harassment? Unauthorised photography? Sometimes you actually sound like you know what you're talking about.
You are a comedian.
Am I? How is it different from someone taking a shot on their phone of some chick at the beach in a bikini? You know there's no explicit right to privacy in our constitution, you realise that? Yeah, I do, and that's the problem with not having a Bill of Rights.
New Zealand has one.
Oh, Christ.
Has done since 1990.
You people need to get with the program.
Would it make a difference if, say, the woman in question was wearing a G-string? She's on her way home from the gym, she's got bike shorts under her skirt.
Would that be an offence? Still not showing you the photos.
Hmm.
(Slap!) Ah! Worth a try.
Mm-hmm.
Er, what are youP I need somewhere to put these, before the Christian twitcher puts them through the shredder.
Oh, Tatum, come on, please.
Work straight, home gay, remember? Relax.
No-one's going to think they're yours.
They're way too exy.
Well, ask one of the girls.
And risk them waring them? Aren't they perfect? I, um, strive for a more professional look in my office.
Professional? Mm-mm.
This is a mess.
No care, no love.
Well, that's not technically true now, is it? Hmm? This office? No love? Being clawed by a cougar on a cow doesn't constitute love, Richard.
Well, I did say technically.
Anyway, you have to be nice to me.
The Holy Mother's number-one fan has just forced me to work on something with Tony.
Juicy? Unbearably sad.
And difficult.
But I'm not going to tell him that.
Look after them.
(Chuckles) You're thinking of taking yourself off Mervich.
I've already done it.
Can I say I think it's the wrong decision? I've still got plenty to do.
Stay on the case, and go on the view with Rhys Kowalski.
This is exactly the sort of brief you should be doing at this stage of your career.
I can't.
I'm finding it all too I'll just be one of those solicitors that doesn't do the hardcore stuff.
Like Tony Gillies.
Tony Gillies has done more hardcore cases than anyone at the DPP.
The sort of thing no-one here would even know how to handle.
But you've done commercial law.
You'll land on your feet.
You can't get rid of me because I won't work on violent cases.
Nobody wants to get rid of you, especially not me.
There will always be cases you don't want to pursue.
But if we can make it safe for one woman to walk home from the train at night, then it's worth a few sleepless nights.
Don't you think? (Bird chirps) (Knock on door) Yes? I'll be out of the office this afternoon.
And why exactly is that? I've been asked to go on a view of the Stone farmhouse.
It's three hours drive away.
And what about your work? I've left notes detailing what needs to be done.
You all set? (Knocks) Yeah, I'll just grab my bag.
Hey.
You're going with Rhys Kowalski? Yes.
Hey, where's your wingman? Gone on a view to check out the house where Ray Stone was killed.
Nice.
Oh, which reminds me.
How do you get blood out of a stone? (Sighs) With a pair of boltcutters.
(Both laugh) I'm totally wasted here, right? Yeah.
I am, yeah.
Hey, Janet, joke of the week.
Ready? Later.
Oh.
LINA: Health kick? Soothing the savage beast some call Tony Gillies.
It's heartwarming the camaraderie, and patisserie, you all share but you will all find extra work on your desks.
You can thank Erin for that.
Ooh, thanks.
He's actually going to eat that.
Because our friend Erin has gone to the country for the day, my friend Tracey has decided to dump a whole pile of extra work on me.
Oh, don't worry, we've all copped it.
Can you just pretend to be overworked and overwhelmed? Just once? Stressing about it isn't going to do anything, Richard.
Let's just say that advocacy is not my strong suit, Benjamin.
That's because you haven't enrolled in the Ben McMahon Advocacy for Dummies school.
Rule number one - fake it until you make it.
Do we really have to do this? Rule number two - never let on you don't know what you're doing.
Rule number three - act like a duck.
A Rapson duck? A Pacific black? (Sighs) Aylesbury? Yawn.
Muscovy? Quack.
Cool, calm on the surface Mm-mm.
.
.
paddling like hell underneath.
You should get T-shirts printed.
I should.
Rule number four - when you're freaking out or you're too scared, ask to go to the toilet.
I'm not going to do that.
Get in the cubicle and call someone, preferably someone smarter, like yourself.
That's not really going to help me then, is it? Rule number five.
This one is my personal favourite.
Stop what you're doing.
Pour yourself a glass of water.
Slowly, deliberately.
Take a sip of said water.
Slowly, deliberately.
It'll look like you're collecting your thoughts and in complete control.
(Claps) Do you actually do any of this? I've got a contest mention this afternoon.
Come and be my instructor.
Watch the master in action, grasshopper.
What is the matter, master? Ah, some loser with a syringe full of red cordial tried to hold up a servo.
Piece of piss.
(Claps) (Horns honk) Diana was diagnosed with motor neurone disease at the age of 30.
We'd been married for six months.
Kind of put a pretty quick end to any discussions about having kids.
She was one of the lucky ones, though.
She lived with it for five years.
50% of sufferers die within 14 months of diagnosis.
And she was in palliative care? A hospice, yes.
Mm-mm.
She was there a little over a year.
She needed constant care.
She was a quadriplegic by that stage.
So you watched her become paralysed? Bit by bit.
She had great spirit, though.
She still really engaged with the world.
Listened to talking books, watched films.
She liked to have music playing in her room.
It wasn't as if she had no quality of life.
We did a lot of those things together, in the hospice.
After she diedP After she was killed.
What made you question what had happened? I saw her the day before.
We spoke.
Or I spoke, mostly.
She found it hard to make herself understood.
It was tiring and it took her a lot of effort.
She was alright.
She was in good spirits.
There was nothing that indicated that she was at the end.
I'd started reading her a new book.
She was happy.
And then I get the call, and I just knew, I knew that there'd been some kind of interference, and I was right.
Well, um, toxicology showed increase levels of morphine metabolites.
Although the report does go on to say that there's a certain amount of accumulation that occurs over time when there's been regular dosages administered.
My wife was killed by an overdose of morphine.
The last person to attend to her was Doctor Williamson.
Rob Santangelo is convinced his wife was deliberately killed by a doctor.
Deliberately.
You mean with intent to kill, or with intent to alleviate her suffering? He would say intent to kill.
Yes, but if the death arose as a foreseen, but not intended, consequence of the increase in the dose of morphine, then it's not murder, is it? But if a death is reasonably foreseeable as a consequence of your action, that's at least arguably intent to kill, or reckless indifference.
Go on.
Well, for a start, it's taking a positive action, not neglecting to do something or withdrawing something.
Think of it in terms of the principle behind self-defence, the doctrine of double effect.
I will think about it, if I'm allowed to sit down.
Oh, just throw it on the floor.
Won't make any difference.
Don't you lose things? Don't you ever mind your own business? (Sighs) Self-defence and the doctrine of double effect? First formulated by Thomas Aquinas.
Huh? Oh, and you were doing so well.
Saint Thomas Aquinas is a 13th-century philosopher.
As well as a seminal thinker in the early Christian church.
A Dominican.
Also known as Doctor Angelicus, Doctor Communis, or Doctor Universalis.
Do you think I'm eight years old, Tony? I know who Thomas Aquinas is.
Then you'd also know the distinction between causing a morally grave harm as a side effect of pursuing a good end, and causing a harm as a means of pursuing a good end.
So in a situation where I'm being attacked, if my intention is to save my life and my attacker is killed, that's OK.
Exactly.
But if you defend yourself with greater violence than is necessary, then your intention is arguably to kill your attacker as a means of saving yourself.
JANET: It's a spurious motion, and you know it.
I'm not interested in another adjournment.
You've had three already.
What have you been doing? Sorry Paul, that's not my problem.
I'll see you on the 10th! Sorry I'm late.
(Chuckles) You're just so busy and important.
True.
And exhausted.
God, when are the energetic, happy, oversexed hormones supposed to kick in? A few weeks yet.
Bring it on.
I'm with you on that.
Worried? No.
I'm having a geriatric pregnancy, remember? Fraught with perils.
Such an old woman.
Such a gorgeous old woman.
What are you doing after this? Taking you straight home.
Making the most of seeing you before eight o'clock on a school night? (Both laugh, speak inaudibly) Janet King.
(Mobile phone rings) Sorry.
(Clears throat) How have you been feeling? I'm coping.
Tired, but I'm coping.
I get looked after very well.
So your nuchal fold scan results.
There are a couple of things that we need to talk about.
A couple? Well, yes.
You're pregnant with twins.
ASH: Wow! Twins? Er, because of the IVF? That does increase the chances, but it might have happened anyway.
There are no twins in my family.
Are there any in yours? Well, it wouldn't make much difference, would it? Oh, no, of course not.
Sorry.
Are there any in Tim and Chris's? No idea.
Two .
.
children.
God.
They're often premature, aren't they? Yes.
But not necessarily.
With a higher mortality rate? There's no conclusive evidence that that's the case.
So you can relax.
Relax? We're having twins.
That wasn't exactly part of the plan.
There is something else.
Triplets? (Chuckles) Um .
.
one of the foetuses has a higher than normal amount of fluid at the back of the neck.
This test is only an indicator, but when normal nuchal translucency values are exceeded, there's a relatively high risk of significant abnormality.
Right.
So what's the next step? Amniocentesis? Hang on.
Well, we don't need to organise anything today.
Have a think about it first.
(Clears throat) Seriously, let's go get a drink drink.
I would if I could.
I don't want to go and get a drink.
You're depriving me of vicarious pleasure.
Vicarious numbing would be more accurate, I suppose.
Do we even need to think about having the amnio? Yes.
Why? So we can make a fully informed decision.
Wig off, baby.
I'm not a defendant.
We're talking about inserting a needle into your uterus.
And we need to know all the facts.
I need to know all the facts.
I just do, I'm sorry.
That's who I am.
I'm a control freak, an info junkie, a head case.
(Sobs) A woman who's having twins.
Oh, God.
(Exhales) Our twins.
Our decision.
Yes, ours.
I know.
(Sighs) One of which has a significant risk of having Down's syndrome or another serious disability.
And you'd be prepared to risk miscarriage? We can't just not know, if there are ways of knowing.
(Mobile rings) The risks of miscarriage after an amnio is one in- Sorry, I have to get this.
Yes? Well, David knew I was taking the afternoon off.
(Sighs) Really? Alright then.
Of course you'd know the stats.
What are the risks? One in, whatP One in 1,600.
But the risk at my age of the baby having a disability is one in 175.
Sure.
But don't we need to decide first what we'd do if the amnio shows there's definitely a problem? And twins complicate things more.
You really want to go down that path I never really wanted to go down the path of being the birth mother.
(Sighs) Here we go.
Sorry, sweetheart.
Look, I didn't meanP Yes, you did.
This is my fault because I couldn't get pregnant.
I'm sorry.
I tried.
18 months worth of trying.
Sorry I'm not the high achiever who gets everything she wants on the first shot.
Look, I have to go back to work now.
You took time-off! And now they need me back there.
But we will talk about this.
When? Right.
So this is where you go, and I head home and stew and later we have the huge fight.
Well, I'm not doing that today.
I won't be late.
I'm coming with you.
This is too important to leave unfinished.
Lina enjoys working at the DPP, for now, but would much rather pursue her love of art.
Need something, Ben? Now I do.
Holy shit, what's that? What? Oh! What is this, huh? It's my judges' form guide.
Your what? When I first started here, I couldn't remember who was who.
So I started doing little diagrams of their main features, and making notes about what they were like in court.
Their pet hates, that sort of thing.
Every time I'm in court and I don't recognise a judge's name, I check the form guide.
And whenever I'm before someone new, I fill it in, otherwise I forget.
Like for instance, Judge Rowley, page 43 .
.
didn't even bother turning up today.
You are a genius.
Or the world's biggest dork.
No, seriously.
This is gold.
You've got everyone in here.
Mm-hmm.
Wait, wait.
Judge Rapson needs to be updated.
He's got two ducks now.
My one.
Whoa, whoa, whoa! Not so fast.
Is the duck a companion, or is it actually consulted in matters of jurisprudence? (Laughs) Oh, you are a freak.
Tatum, Tatum.
You have to check this out.
Sorry, kids.
I've got a date to learn about doctors and morphine and all sorts of things you shouldn't have to think about until you're 100.
I knew that giving her an intramuscular injection of 15 milligrams of morphine would hasten her death.
RYAN: You intended to kill her? I was in charge of Diana Santangelo's palliative care.
That is, to reduce her suffering, not to try to cure her or delay the progress of her disease.
You haven't answered my question.
I spent a lot of time with Diana in the 18 months she was with us.
She was very clear about what she wanted.
She'd made friends with other people in the hospice that were suffering with the same condition she had.
She'd seen them deteriorate to the point where they couldn't even swallow, where they could barely move more than an eyelid or a cheek muscle.
She told me she'd thought about asking her husband, Rob, to help her in taking her own life, but she didn't want to burden him with that choice, with that level of guilt.
RYAN: What did she want? She didn't want to go on living if she could no longer swallow.
She asked you to assist in her suicide, instead of her husband? She was finding it very difficult to swallow, and that distressed her emotionally.
And emotional distress under those circumstances exacerbates physical distress.
It's a vicious cycle.
So you gave her the overdose? I increased her dosage of morphine to alleviate her suffering.
(Door opens) Sorry.
I didn't mean to interrupt.
I'm going to make a coffee.
Thought you might like one.
Do you have a living will? Like an Advanced Health Directive? I'm a bit young for that.
We're not too young, Richard.
Anything can happen.
I don't want to be fed through a tube.
OK.
And I don't want to be resuscitated.
Tatum.
And I I don't want anyone else to have to make those kinds of decisions.
Not even a doctor.
It's It's too much to ask.
One strong coffee, coming up.
Ray wanted them to finish the fence.
No, Joanne said that's what Ray wanted.
Competing stories.
That's why we're here.
This is not what I expected a murder scene to look like.
It's so ordinary.
Well, what were you expecting? I don't know.
I guess maybe those little numbered markers or something.
Not flowerboxes.
Can you take a decent photo? I'm hopeless, but I like the photos for the record.
Do you hate this job sometimes? Not quite the opening I was expecting.
I don't want to pursue a doctor who has performed a compassionate act for someone who had had enough.
But I don't want to worry someone's going to rob me of time I could be spending with my dying husband.
Look at the evidence.
That's That's exactly what I've been doing.
(Sighs) The pathology report showed elevated levels of morphine, inconsistent with the dosage Diana Santangelo had been on.
Doctor Williamson admits, without really admitting it, that he knew the morphine would kill her.
That gives possible causation and arguable intention.
Plus, he said she wanted to die.
Which is hearsay, and not supported by her husband.
I know it's hearsay, but I would want to die in that situation, too.
Which is irrelevant.
I know that.
And after the evidentiary stage, we look at? Do you treat all of us mere solicitors as children, or just me? Do you always talk back at people who are trying to help you learn? Is that what you were doing? I thought you were just being misanthropic, as usual.
(Sighs) After establishing causation and intention, I looked at the public interest, bearing in mind that each case must be considered on its own merits.
Diana had the mental capacity to form the intention to commit suicide.
Her doctor says that she communicated that intention clearly.
He was motivated by compassion.
There was no gross negligence in his treatment, and he had nothing to gain from her death.
I would recommend not prosecuting.
OK.
So so that's it? Yep.
That's it.
It's a will kit.
Not that I think you're going to cark it next week, but let's be honest, you're in pretty bad shape.
If this all? That's all.
Except to say that I won't be buying you any more donuts.
(Chuckles) (Camera clicks) Looks like he only got a step inside the door before they hit him.
What do you think? Yeah.
(Camera clicks) You OK? Fine.
Yeah.
I'm just RAY'S VOICE: I'm very disappointed, girls.
Very, very disappointed.
According to the police report, the first blow got him directly in the face.
(Blow) (Man grunts) (Panting) Then the side of the head.
(Blow) He hits this cupboard.
(Clatter) And then a flurry of blows.
(Blows) (Screaming) Then the body finished up here.
There's blood everywhere! Erin.
It's alright.
It's OK.
I've got you.
I've got you.
(Sobs) Hi.
Right.
Um, I'll try not to be too long.
(Knock on door) Come in.
(Sighs) So, how's everything with the .
.
everything? You can use the word 'pregnancy' if you'd like.
I just didn't want to assume.
No, don't assume.
Don't ever assume that something you've agreed on in theory will be adhered to when theory becomes a reality.
Very well.
Sorry.
What did you need to see me about? Well, there was something we discussed some time ago, in theory, that I would now like to make a reality.
I want us to pursue Quinn.
Quinn Quinn? The former Attorney-General, yes.
Something's happened? I'm gone a couple of hours, everything changes.
Well, nothing's happened.
I've reviewed the file.
I believe there's a case to answer, and I want him to answer it.
You have to have a reasonable prospect of conviction and there's even less chance of that now than there was when that file first came in.
There's no forensic evidence, there's no other witnesses and there's discrepancies in the women's stories.
Well, you yourself said we should be championing victims' rights.
Hope you're not asking me to run it.
(Chuckles) Well, that would not be wise.
(Laughs) The only thing that would be more controversial would be for you to run it.
Don't tempt me.
You're serious about this, aren't you? And for now, all I need you to do is tell me how exactly I'm going to do it.
Choo choo! This is the Court express, now leaving platform one.
Stand clear.
Why are you so chirpy? He's about to show off.
Aaahh! What have you got? Um, Michelle Randall, bank accountant that ripped off 300K.
Ooh, gambling? Botox and jewellery.
Nice.
Yes, Mr McMahon? Your Honour, the prosecution is ready to proceed.
All we need is a date.
This matter is listed as a plea.
Ah, with all due respect, Your Honour, I believe it's a contest.
Mr Duncan? Ah, we have registered the change of plea with the court.
Indeed.
I have a Notice of Hearing in front of me.
Mr McMahon? I didn't know.
Ah, I don't believe we have received that, Your Honour.
Oh.
I don't know.
Perhaps you just overlooked it? In the interests of timeliness, I'd like to proceed.
Your client is in court, Mr Duncan? He is, Your Honour.
And you're ready to proceed? We are.
Mr McMahon? Ah, if I could ask the court for a brief adjournment, for say five minutes for a toilet break? Mr McMahon, we have been in here for precisely seven minutes.
I think you can hold on.
As it pleases, Your Honour.
If I might have leave to call the victim into the court? I believe she's already here.
(Laughter) Correct.
(Clears throat) (Coughs) The charge before the court is one of armed robbery.
The defendant approached Miss Tori Rothenberg, a service station attendant and threatened her with what looked like a syringe full of blood.
If I can stop you right there.
I believe it was fake blood in a fake syringe.
Does that still constitute an offensive weapon under the Act? An excellent question, Your Honour.
You're stalling, Mr McMahon.
This is a plea, not a High Court appeal.
Get on with it, or I will have to throw the whole thing out.
(Sighs) Under Section Four of the Crimes Act, an offensive weapon is anything that, in the circumstances, is used, intended for use or threatened to be used for offensive purposes, whether or not it is ordinarily used for offensive purposes, or is capable of causing harm.
Feel free to continue, Mr McMahon.
(Laughs) How much fun was that? Perfect double act, mate.
Your brains, my natural charisma and humility.
Yeah.
Killer combo.
I'm not sure I need to go through that again.
OK, we had her eating out of the palm of my hand.
Right.
Was that before or after she called you a charlatan? (Laughs) Brinkmanship, that is all.
The thrill of the hunt.
You will learn to love it one day, my friend.
You are so full of shit.
Tori.
Hey.
I I just, um Yes? I just wanted to say thank you.
Thank you so much.
Tori, this is my colleague, Richard Stirling.
You must have been terrified.
I didn't know it wasn't blood.
(Chuckles) I thought I could have died.
I don't want to die.
I want to have kids.
Well, you don't have to worry anymore.
Thank you, Ben.
Thank you.
You'd better thank my friend, too.
No, it was my pleasure.
Thank you.
(Clears throat) With any luck, this shouldn't take long, anyway.
Should be pretty straightforward.
Actually, do you want to just wait for me there? Hi.
Hi.
You here for Michelle Randall? Briefing out for a mention.
Someone's got cash to splash if she's briefing you out for a mention.
She's hiding it well, though.
Was that your idea? I wish I'd thought of it.
Might even be genuine remorse.
(Chuckles) (Mobile rings) Hang on, sorry.
Sure.
Hi, Marina.
Everything OK? Oh, shit.
Sorry, I'm in court.
No, no, no.
No, I want to be there.
Um, can I call you back in a sec? Never have children.
Drama? Oh, there's always drama.
Rhys has picked the perfect time to be away.
It's our youngest son's first kindy meeting, and I promised him I'd be there and I'm working.
Well, this mention won't take long.
I'm nowhere near ready.
Still working my way through the hundreds of charges.
Yours is the easy one.
I've got another two on today.
You're a sucker for punishment.
I'm a sucker who took years off to raise kids and now has to work twice as hard to show people that I am actually alive and still working.
Sorry, you don't need to hear that.
What are we doing here? Adjourn for another mention? Great.
Can you do that without me? Just tell the judge I've OK'd it so I can go and sit on a tiny chair and discuss my son's social development, before coming back here for an assault and a dangerous driving.
Anything else I can do? Yes.
Let me buy you a drink at the end of the day so I can pretend I'm a real person.
Sure.
Thank you.
I'll call you.
Richard.
Miss Novak? Do you know who that is? Should I? Hopeless.
Hey, you two! Who's that? Don't look! Been in Janet's office for an hour without Janet.
(Clears throat) That looks good.
Witness.
You ever seen her leave a witness alone in her office? I bet it's her sister.
I am so sorry.
Disaster averted? I'm not sure it's exactly a disaster, but whatever it is, we're sailing right into it.
My turn? You know, I can't not know.
If you have the amnio, and you don't miscarry either one or both of our babies, and the amnio shows there's a definite disability, then what? Do we still have the baby? What do you think? I think yes.
OK, think about what that actually means, really means.
We'd have babies, newborns, on top of all the difficulties that come in with having a child with a profound disability.
And we're nearly 40, and we've never done any of this before, but there's four of us sharing the parenting, remember? I'm not sure I could cope.
I don't think I could cope either, but that's not the question.
Isn't it? The question is, are you so afraid of not coping that you're willing to terminate one of our babies? You know what they do? They inject salt into the foetus.
I know what they do.
And you're still willing to go through with it? Look me in the eye and tell me that's what you'd do.
Is it wrong to want things to be perfect? Is that wrong of me? No.
No, I want that too.
But this is what we're dealing with.
This is our life now.
Do we need the amnio? (Sobs) Hello, sister.
(Clears throat) (Chuckles) They're rooting, for sure.
ERIN: I feel like an idiot.
Erin, there's no need to feel embarrassed.
Even without a body on the floor, it's still a murder scene.
Now, I'll call Tracey, you call Lina, I'll organise some rooms, then dinner and an early night.
OK? Sure.
Since the first time I saw that photo of Ray, the close-up of his face, or what's left of his face, I've never been able to get it out of my head.
Some cases just get in.
Excuse me.
Thanks.
I have dreams about him, sometimes.
Never about the women, just him.
He's the one with the boltcutters.
Well, next time, maybe stop before you get to the end of the photo book.
It's usually where the close-ups are.
Lina wouldn't have flipped out like this.
She would have taken perfect notes.
Oh, no, I didn't take any! Any, anything! Doesn't matter, doesn't matter.
I got it.
I saw that the shed was some distance from the house, so the boltcutters must have been deliberately brought into the kitchen.
I know that the attack happened as soon as Ray entered the room.
I saw there was another door through which the two women could have escaped when he arrived.
And I saw no signs of unhealthiness or unhappiness anywhere in the house.
Hang on, what about all those happy families photos? Didn't you see they were all in exactly the same frames, exactly the same distance apart from each other on the shelf? That is creepy.
Obsessive neatness does not necessarily make Ray a monster.
And nor does it justify killing him.
There's a very strong possibility of a murder conviction in this case.
Wow.
You've drunk a bottle and a half of wine, and you still can't switch off.
Do you ever let go? (Chuckles) I'm sorry.
That's way out of line, even for me.
Not at all.
In fact, it was a very apposite observation.
See, you're pissed off, and pissed, and you still use words like 'apposite'.
You're a freak, Rhys Kowalski.
Freak Kowalski.
Ooh, I like that.
Freak Kowalski.
Sounds like a wrestler.
Say it again? (Laughs) Freak Kowalski.
Ah, it's so much better when you say it.
(Laughs) Drunk.
(Both laugh) You're not serious.
(Laughs) You are serious.
Aghh! It's fucking freezing! Jeez! Nice idea.
Nice tatt.
Ah, misspent youth.
(Shivers) So, if you felt this way about Ray Stone, why'd you change your mind about coming up here? A couple of reasons.
I suddenly feel depressingly sober.
I'll see you in the morning.
Yeah.
Hey.
Hey! Welcome back, stranger.
How was it? Wrong.
The whole thing just felt wrong.
It was awful.
The house, really isolated.
And all I could think about was Ugh! How'd you go with the fraud? Ah, adjourned it off.
Paula was cool.
Paula was there for the mention? Yeah, the sollie had a clash or something.
Hmm, right.
Thanks for doing that for me.
I can keep it if you like.
It's so tedious.
All that maths.
I don't mind.
Might as well finish it.
Erin.
Come with me, please.
Sit.
Not only is adultery expressly forbidden in the Bible, it is a remarkably stupid thing for a young lawyer to engage in.
Quite apart from any emotional damage which might ensue, you have your reputation to consider.
I know it isn't possible for someone as young as you to understand that your reputation is not something that arrives fully formed on the morning of your 40th birthday.
You are making it right now, in a very small world, which sees everything, discusses everything and remembers everything.
It is much easier for the men in this world.
They made it, and it is still theirs.
I know you won't believe me, but I'm trying to help you, Erin.
For the sake of your child.
Not a wise thing Sorry, what? .
.
for you and Mr Kowalski to bring your ultrasound into the office and leave it lying around.
You know where I am.
I just took this test, two minutes ago.
The thing's still damp.
Touch it, if you don't believe me.
There is one stripe.
That means it's negative, alright? Negative.
No baby.
Not Rhys's, not anyone's.
None of your business! Tracey Samuels is a stupid fucking cow.
Don't ever listen to anything she says.
Just because she has no life, she's determined to make everyone else's miserable, even if it means spreading lies about them.
I could fucking kill her! And I can't tell he r whose baby it is, so of course she's not going to believe me.
(Door closes) LINA: What are we looking at? Murder of a child - my child.
He and his brother Max were wrestling when Max strangled him.
Has Max experienced any difficulties at his new school? I just want- They're just doing their job.
I want to know exactly what you're insinuating about our son.
RHYS: I need a report on Erin's professional conduct.
Crying in court, apologising to the accused's supporters in front of the press? It doesn't look good.
Members of the jury, on the charge of murder, how say you? Clemence Duprat £ You know I gets up early I come home late £ You can crack that whip but I'm miles away £ I wonder how long I got to stay here for £ I have glamour to the very core £ Singing GROUP: £ What do I do? £ What am I to do? £ What do I do? £ What am I to do? £
Erin, this is Paula Corvini, my wife.
Yes, we've met.
Hi.
Erin? BEN: Tracey.
MORETTI: Why don't you tell us what you remember about the night of the Christmas party? Unfortunately, very little.
Look, I didn't even know the Attorney-General.
I'd never met him.
Well, according to your swipe card, you next left the building at 5am.
Yeah, I got an egg and bacon sandwich from Bourke Street.
So when you returned to the office that night, you were on your own.
Yes, I had to get my handbag.
Oh, the Mervich case.
The one where the guy got bashed with the boltcutters.
His brains were all over the kitchen floor, and she was standing there with her fingerprints all over the murder weapon.
This cannot be a hard case to prosecute.
Sure.
£ 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 all 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? £ (Printer whirrs) (All laugh) (Laughs) Turn the printer on.
Shh! No! Don't.
One, one.
She was up at 3am making chocolate cake.
Yum Using electric beaters.
Mm, not so popular.
Did you bring the cake in? She had this full-on nightmare about Ray Stone attacking her with boltcutters.
She actually screamed.
Scared the shit out of me.
Maybe we should get her a little blankie.
You can be such a heartless prick sometimes.
She's been having nightmares for months.
Our friends are back.
Do you think that means they know something? Come on, everyone.
Innocent faces.
TRACEY: Excuse me.
(All chatter) BEN: Yep.
Erin.
A drug case I thought I was doing today has fallen through, so I'm going to take a run up to Clarence where Ray Stone was murdered, yeah.
Yeah.
Well, I was hoping you'd like to come.
Don't worry, I'll clear it with David.
Don't views happen during the trial? Yeah, I always like to go pre-trial.
I just haven't had a chance yet in this case.
Some barristers are happy to rely on a police video, but it just doesn't give you that smell, sound and feel of the place.
So .
.
think about it.
I'm going to leave in about an hour, OK? (Sighs) Nothing on anyone's hard drive to indicate a breach of confidentiality? No trace of contact with Jimmy Butcher, or any other journo.
We have to cover all our bases, but that's not an unexpected result.
Well, I wouldn't be emailing the Butcher from my work computer, either.
People do remarkably stupid things.
Well, if they didn't, I'd be working as a gardener.
Very attractive thought, actually.
(Chuckles) So how long did you keep the file before you brought in Janet King? Long enough to call Jimmy Butcher and discuss it with him, if that's what you're asking.
Just covering all our bases.
You and the Attorney-General have known each other for a long time.
As I'm sure you've discovered from your extensive research, Mr Quinn and I were at university together.
And you've appeared opposite each other in a few cases over the years.
Frequently.
We've also had what might kindly be described as a turbulent relationship since he was given the Attorney-General's portfolio, so, yes, I would have greater motive than anyone else in this office to leak Janet King's memo.
This is hardly a revelation.
But you were quick to suggest that it was only those five solicitors who had access to the office the night of the party who should be looked at.
Just covering all bases, are we? (Chuckles) Of course, we'll need access to your hard drive.
Absolutely not.
I'm the Director of Public Prosecution.
And this is a police investigation, and you're a person of interest.
(Knock on door) Yes? Oh, sorry David.
I'll come back.
Janet.
Yes, yes.
I just wanted to let you know I'm heading off to court.
Oh, that's OK.
I think we're done here.
Thank you.
You're in the gun? I never really understood that expression.
Do we need to worry? They're under just as much pressure as we are over this whole fiasco.
Morning.
Morning! Morning.
She's doing good work.
Yeah, she is.
When they find out who it is, you should promote them.
That leak was perfectly executed.
Obviously someone very smart.
Unlike for instance Murray.
I suppose we shouldn't be talking about Mervich, eh? Neat little sidestep performed by you two over the Quinn thing.
Ruin the man without having to spend a cent of your precious budget.
David, when did you turn into such a soft cock? Excuse me.
Ready to watch me get a child abuser's sentence doubled? This shouldn't take too long.
(Typing) £ EERIE MUSIC Ugh! (Knock on door) Clearly your being in the gallery made no difference to anyone.
I'll sit up the front next time.
Six years is a manifestly inadequate sentence to impose on someone who sexually assaulted a six-year-old and a four-year-old.
It's hardly worth appealing, if that's the increase you get.
Manifestly inadequate is a manifestly inadequate description of the penalty.
I've given up calculating exactly what percentage of our workload is given to child sexual abuse cases.
It seems to be increasing exponentially.
And where's the corresponding increase in the championing of victims' rights at a judicial level? Nowhere to be seen.
We are a profoundly disappointing species, Janet.
I need an update on all our closed child sexual assaults.
Conviction rates, sentences, appeals.
If you're happy to wait for the proofs of the annual general report to come outP If I was happy to wait, I wouldn't have asked for the information now, would I? Make sure it's current, up to and including yesterday.
My apologies.
I'll get it to you right away.
And include a copy of the Attorney-General's file.
Yes, David.
Soft cock.
(Tapping) This is boring as bat shit.
I'm going for a smoke.
I'll call you when we're on.
(Door closes) (Sighs) Well, it's half past.
Should we do something? But what if something's happened to Judge Rowley? Nothing's happened to him.
He's just always late? If you're lucky.
So? We wait.
We just sit here? We wait until we're told he's indisposed.
Then we're back here in the morning and pretend like nothing's happened.
(Sighs) No wonder there's such a backlog of cases.
Make a fuss about it and he'll find out.
Then you can kiss your case goodbye.
(Sighs) We seriously just have to wait? Yep.
I feel like I'm in Waiting For Godot.
Well, if you're not too busy shopping.
Thanks for your concern, but I can fit it all in.
I have highly developed time management skills that comes from being so popular and invited to everything.
Oh, in that case you might want to go and visit Tony.
He'll be looking for a solicitor and I know how well the two of you work together.
Can't wait.
Don't wait.
See him now.
Oh! Oh, I wouldn't leave anything on the floor for too long.
Cleaners might just throw it away.
Tracey said you asked for my help.
Don't believe everything that woman says.
And next time, knock.
I've got to finish this advice this afternoon.
If you don't want people to just walk in, you should keep your door closed.
An open door says, I'm friendly, I'm available.
Come in and you'll be met with civility and professionalism.
Patient dies unexpectedly under a doctor's care.
Grieving husband suspects foul play.
What's the starting point? Is this like a quiz? You see a buzzer? Oh, if you don't know, then for Christ's sakes, send in someone who does.
If you're looking at a possible case of negligent manslaughter, you need to establish - one, a duty of care owed to the victim, two, a breach of that duty, three, a risk the conduct could cause death, four, that the breach did cause the death, and five, that the conduct fell way below that required of a reasonable physician in those circumstances.
Come on, give me something else.
I'm just getting warmed up.
What do you know about motor neurone disease? Stephen Hawking.
Hawkings? The Coroner has made a recommendation.
Someone's responsible for this death.
And they want us to formulate the charges? Yes.
Now, Tatum.
What do you mean you can't do it? I can't do this case.
I'm No, I'm not Well, what did he say to you? No, it wasn't Rhys.
I'm just not- You are! No, I'm not coping at all.
Look, I understand.
This is horrible.
Horrible, but you can handle it.
No.
No.
Yes.
You know what I did when I first started here? I made it all about the offences, not about the people or the events.
Look, I made it about the punches, not who was being punched.
I can't do that.
Then substitute.
Instead of saying boltcutters, say the implement.
Take the images away, maybe they'll go away.
They won't get stuck inside you.
They're already there! You had this case before.
It should have stayed with you.
Hi, Rhys, it's me.
Where are you going? To see the wizard.
He needs this.
And you need to respect that.
David's door is rarely closed, as you know.
So when it is, there's a good reason.
I'll knock.
You'll wait.
You're joking! I'll bet you were a prefect.
Something of vital national importance, I'm sure? Saving the world from a man who stuck his phone up a woman's skirt on an escalator and took photos.
I'm assuming the woman was in the skirt at the time, correct? 'Upskirting'.
I can't believe there's even a word for it.
Got any photos on the file, or? Oh, come on.
You're telling me you wouldn't look at them if they were there? I'm not showing you this file.
Just looking for proof, that's all.
So, what does this offence come under? Stalking? Assault? Sexual harassment? Unauthorised photography? Sometimes you actually sound like you know what you're talking about.
You are a comedian.
Am I? How is it different from someone taking a shot on their phone of some chick at the beach in a bikini? You know there's no explicit right to privacy in our constitution, you realise that? Yeah, I do, and that's the problem with not having a Bill of Rights.
New Zealand has one.
Oh, Christ.
Has done since 1990.
You people need to get with the program.
Would it make a difference if, say, the woman in question was wearing a G-string? She's on her way home from the gym, she's got bike shorts under her skirt.
Would that be an offence? Still not showing you the photos.
Hmm.
(Slap!) Ah! Worth a try.
Mm-hmm.
Er, what are youP I need somewhere to put these, before the Christian twitcher puts them through the shredder.
Oh, Tatum, come on, please.
Work straight, home gay, remember? Relax.
No-one's going to think they're yours.
They're way too exy.
Well, ask one of the girls.
And risk them waring them? Aren't they perfect? I, um, strive for a more professional look in my office.
Professional? Mm-mm.
This is a mess.
No care, no love.
Well, that's not technically true now, is it? Hmm? This office? No love? Being clawed by a cougar on a cow doesn't constitute love, Richard.
Well, I did say technically.
Anyway, you have to be nice to me.
The Holy Mother's number-one fan has just forced me to work on something with Tony.
Juicy? Unbearably sad.
And difficult.
But I'm not going to tell him that.
Look after them.
(Chuckles) You're thinking of taking yourself off Mervich.
I've already done it.
Can I say I think it's the wrong decision? I've still got plenty to do.
Stay on the case, and go on the view with Rhys Kowalski.
This is exactly the sort of brief you should be doing at this stage of your career.
I can't.
I'm finding it all too I'll just be one of those solicitors that doesn't do the hardcore stuff.
Like Tony Gillies.
Tony Gillies has done more hardcore cases than anyone at the DPP.
The sort of thing no-one here would even know how to handle.
But you've done commercial law.
You'll land on your feet.
You can't get rid of me because I won't work on violent cases.
Nobody wants to get rid of you, especially not me.
There will always be cases you don't want to pursue.
But if we can make it safe for one woman to walk home from the train at night, then it's worth a few sleepless nights.
Don't you think? (Bird chirps) (Knock on door) Yes? I'll be out of the office this afternoon.
And why exactly is that? I've been asked to go on a view of the Stone farmhouse.
It's three hours drive away.
And what about your work? I've left notes detailing what needs to be done.
You all set? (Knocks) Yeah, I'll just grab my bag.
Hey.
You're going with Rhys Kowalski? Yes.
Hey, where's your wingman? Gone on a view to check out the house where Ray Stone was killed.
Nice.
Oh, which reminds me.
How do you get blood out of a stone? (Sighs) With a pair of boltcutters.
(Both laugh) I'm totally wasted here, right? Yeah.
I am, yeah.
Hey, Janet, joke of the week.
Ready? Later.
Oh.
LINA: Health kick? Soothing the savage beast some call Tony Gillies.
It's heartwarming the camaraderie, and patisserie, you all share but you will all find extra work on your desks.
You can thank Erin for that.
Ooh, thanks.
He's actually going to eat that.
Because our friend Erin has gone to the country for the day, my friend Tracey has decided to dump a whole pile of extra work on me.
Oh, don't worry, we've all copped it.
Can you just pretend to be overworked and overwhelmed? Just once? Stressing about it isn't going to do anything, Richard.
Let's just say that advocacy is not my strong suit, Benjamin.
That's because you haven't enrolled in the Ben McMahon Advocacy for Dummies school.
Rule number one - fake it until you make it.
Do we really have to do this? Rule number two - never let on you don't know what you're doing.
Rule number three - act like a duck.
A Rapson duck? A Pacific black? (Sighs) Aylesbury? Yawn.
Muscovy? Quack.
Cool, calm on the surface Mm-mm.
.
.
paddling like hell underneath.
You should get T-shirts printed.
I should.
Rule number four - when you're freaking out or you're too scared, ask to go to the toilet.
I'm not going to do that.
Get in the cubicle and call someone, preferably someone smarter, like yourself.
That's not really going to help me then, is it? Rule number five.
This one is my personal favourite.
Stop what you're doing.
Pour yourself a glass of water.
Slowly, deliberately.
Take a sip of said water.
Slowly, deliberately.
It'll look like you're collecting your thoughts and in complete control.
(Claps) Do you actually do any of this? I've got a contest mention this afternoon.
Come and be my instructor.
Watch the master in action, grasshopper.
What is the matter, master? Ah, some loser with a syringe full of red cordial tried to hold up a servo.
Piece of piss.
(Claps) (Horns honk) Diana was diagnosed with motor neurone disease at the age of 30.
We'd been married for six months.
Kind of put a pretty quick end to any discussions about having kids.
She was one of the lucky ones, though.
She lived with it for five years.
50% of sufferers die within 14 months of diagnosis.
And she was in palliative care? A hospice, yes.
Mm-mm.
She was there a little over a year.
She needed constant care.
She was a quadriplegic by that stage.
So you watched her become paralysed? Bit by bit.
She had great spirit, though.
She still really engaged with the world.
Listened to talking books, watched films.
She liked to have music playing in her room.
It wasn't as if she had no quality of life.
We did a lot of those things together, in the hospice.
After she diedP After she was killed.
What made you question what had happened? I saw her the day before.
We spoke.
Or I spoke, mostly.
She found it hard to make herself understood.
It was tiring and it took her a lot of effort.
She was alright.
She was in good spirits.
There was nothing that indicated that she was at the end.
I'd started reading her a new book.
She was happy.
And then I get the call, and I just knew, I knew that there'd been some kind of interference, and I was right.
Well, um, toxicology showed increase levels of morphine metabolites.
Although the report does go on to say that there's a certain amount of accumulation that occurs over time when there's been regular dosages administered.
My wife was killed by an overdose of morphine.
The last person to attend to her was Doctor Williamson.
Rob Santangelo is convinced his wife was deliberately killed by a doctor.
Deliberately.
You mean with intent to kill, or with intent to alleviate her suffering? He would say intent to kill.
Yes, but if the death arose as a foreseen, but not intended, consequence of the increase in the dose of morphine, then it's not murder, is it? But if a death is reasonably foreseeable as a consequence of your action, that's at least arguably intent to kill, or reckless indifference.
Go on.
Well, for a start, it's taking a positive action, not neglecting to do something or withdrawing something.
Think of it in terms of the principle behind self-defence, the doctrine of double effect.
I will think about it, if I'm allowed to sit down.
Oh, just throw it on the floor.
Won't make any difference.
Don't you lose things? Don't you ever mind your own business? (Sighs) Self-defence and the doctrine of double effect? First formulated by Thomas Aquinas.
Huh? Oh, and you were doing so well.
Saint Thomas Aquinas is a 13th-century philosopher.
As well as a seminal thinker in the early Christian church.
A Dominican.
Also known as Doctor Angelicus, Doctor Communis, or Doctor Universalis.
Do you think I'm eight years old, Tony? I know who Thomas Aquinas is.
Then you'd also know the distinction between causing a morally grave harm as a side effect of pursuing a good end, and causing a harm as a means of pursuing a good end.
So in a situation where I'm being attacked, if my intention is to save my life and my attacker is killed, that's OK.
Exactly.
But if you defend yourself with greater violence than is necessary, then your intention is arguably to kill your attacker as a means of saving yourself.
JANET: It's a spurious motion, and you know it.
I'm not interested in another adjournment.
You've had three already.
What have you been doing? Sorry Paul, that's not my problem.
I'll see you on the 10th! Sorry I'm late.
(Chuckles) You're just so busy and important.
True.
And exhausted.
God, when are the energetic, happy, oversexed hormones supposed to kick in? A few weeks yet.
Bring it on.
I'm with you on that.
Worried? No.
I'm having a geriatric pregnancy, remember? Fraught with perils.
Such an old woman.
Such a gorgeous old woman.
What are you doing after this? Taking you straight home.
Making the most of seeing you before eight o'clock on a school night? (Both laugh, speak inaudibly) Janet King.
(Mobile phone rings) Sorry.
(Clears throat) How have you been feeling? I'm coping.
Tired, but I'm coping.
I get looked after very well.
So your nuchal fold scan results.
There are a couple of things that we need to talk about.
A couple? Well, yes.
You're pregnant with twins.
ASH: Wow! Twins? Er, because of the IVF? That does increase the chances, but it might have happened anyway.
There are no twins in my family.
Are there any in yours? Well, it wouldn't make much difference, would it? Oh, no, of course not.
Sorry.
Are there any in Tim and Chris's? No idea.
Two .
.
children.
God.
They're often premature, aren't they? Yes.
But not necessarily.
With a higher mortality rate? There's no conclusive evidence that that's the case.
So you can relax.
Relax? We're having twins.
That wasn't exactly part of the plan.
There is something else.
Triplets? (Chuckles) Um .
.
one of the foetuses has a higher than normal amount of fluid at the back of the neck.
This test is only an indicator, but when normal nuchal translucency values are exceeded, there's a relatively high risk of significant abnormality.
Right.
So what's the next step? Amniocentesis? Hang on.
Well, we don't need to organise anything today.
Have a think about it first.
(Clears throat) Seriously, let's go get a drink drink.
I would if I could.
I don't want to go and get a drink.
You're depriving me of vicarious pleasure.
Vicarious numbing would be more accurate, I suppose.
Do we even need to think about having the amnio? Yes.
Why? So we can make a fully informed decision.
Wig off, baby.
I'm not a defendant.
We're talking about inserting a needle into your uterus.
And we need to know all the facts.
I need to know all the facts.
I just do, I'm sorry.
That's who I am.
I'm a control freak, an info junkie, a head case.
(Sobs) A woman who's having twins.
Oh, God.
(Exhales) Our twins.
Our decision.
Yes, ours.
I know.
(Sighs) One of which has a significant risk of having Down's syndrome or another serious disability.
And you'd be prepared to risk miscarriage? We can't just not know, if there are ways of knowing.
(Mobile rings) The risks of miscarriage after an amnio is one in- Sorry, I have to get this.
Yes? Well, David knew I was taking the afternoon off.
(Sighs) Really? Alright then.
Of course you'd know the stats.
What are the risks? One in, whatP One in 1,600.
But the risk at my age of the baby having a disability is one in 175.
Sure.
But don't we need to decide first what we'd do if the amnio shows there's definitely a problem? And twins complicate things more.
You really want to go down that path I never really wanted to go down the path of being the birth mother.
(Sighs) Here we go.
Sorry, sweetheart.
Look, I didn't meanP Yes, you did.
This is my fault because I couldn't get pregnant.
I'm sorry.
I tried.
18 months worth of trying.
Sorry I'm not the high achiever who gets everything she wants on the first shot.
Look, I have to go back to work now.
You took time-off! And now they need me back there.
But we will talk about this.
When? Right.
So this is where you go, and I head home and stew and later we have the huge fight.
Well, I'm not doing that today.
I won't be late.
I'm coming with you.
This is too important to leave unfinished.
Lina enjoys working at the DPP, for now, but would much rather pursue her love of art.
Need something, Ben? Now I do.
Holy shit, what's that? What? Oh! What is this, huh? It's my judges' form guide.
Your what? When I first started here, I couldn't remember who was who.
So I started doing little diagrams of their main features, and making notes about what they were like in court.
Their pet hates, that sort of thing.
Every time I'm in court and I don't recognise a judge's name, I check the form guide.
And whenever I'm before someone new, I fill it in, otherwise I forget.
Like for instance, Judge Rowley, page 43 .
.
didn't even bother turning up today.
You are a genius.
Or the world's biggest dork.
No, seriously.
This is gold.
You've got everyone in here.
Mm-hmm.
Wait, wait.
Judge Rapson needs to be updated.
He's got two ducks now.
My one.
Whoa, whoa, whoa! Not so fast.
Is the duck a companion, or is it actually consulted in matters of jurisprudence? (Laughs) Oh, you are a freak.
Tatum, Tatum.
You have to check this out.
Sorry, kids.
I've got a date to learn about doctors and morphine and all sorts of things you shouldn't have to think about until you're 100.
I knew that giving her an intramuscular injection of 15 milligrams of morphine would hasten her death.
RYAN: You intended to kill her? I was in charge of Diana Santangelo's palliative care.
That is, to reduce her suffering, not to try to cure her or delay the progress of her disease.
You haven't answered my question.
I spent a lot of time with Diana in the 18 months she was with us.
She was very clear about what she wanted.
She'd made friends with other people in the hospice that were suffering with the same condition she had.
She'd seen them deteriorate to the point where they couldn't even swallow, where they could barely move more than an eyelid or a cheek muscle.
She told me she'd thought about asking her husband, Rob, to help her in taking her own life, but she didn't want to burden him with that choice, with that level of guilt.
RYAN: What did she want? She didn't want to go on living if she could no longer swallow.
She asked you to assist in her suicide, instead of her husband? She was finding it very difficult to swallow, and that distressed her emotionally.
And emotional distress under those circumstances exacerbates physical distress.
It's a vicious cycle.
So you gave her the overdose? I increased her dosage of morphine to alleviate her suffering.
(Door opens) Sorry.
I didn't mean to interrupt.
I'm going to make a coffee.
Thought you might like one.
Do you have a living will? Like an Advanced Health Directive? I'm a bit young for that.
We're not too young, Richard.
Anything can happen.
I don't want to be fed through a tube.
OK.
And I don't want to be resuscitated.
Tatum.
And I I don't want anyone else to have to make those kinds of decisions.
Not even a doctor.
It's It's too much to ask.
One strong coffee, coming up.
Ray wanted them to finish the fence.
No, Joanne said that's what Ray wanted.
Competing stories.
That's why we're here.
This is not what I expected a murder scene to look like.
It's so ordinary.
Well, what were you expecting? I don't know.
I guess maybe those little numbered markers or something.
Not flowerboxes.
Can you take a decent photo? I'm hopeless, but I like the photos for the record.
Do you hate this job sometimes? Not quite the opening I was expecting.
I don't want to pursue a doctor who has performed a compassionate act for someone who had had enough.
But I don't want to worry someone's going to rob me of time I could be spending with my dying husband.
Look at the evidence.
That's That's exactly what I've been doing.
(Sighs) The pathology report showed elevated levels of morphine, inconsistent with the dosage Diana Santangelo had been on.
Doctor Williamson admits, without really admitting it, that he knew the morphine would kill her.
That gives possible causation and arguable intention.
Plus, he said she wanted to die.
Which is hearsay, and not supported by her husband.
I know it's hearsay, but I would want to die in that situation, too.
Which is irrelevant.
I know that.
And after the evidentiary stage, we look at? Do you treat all of us mere solicitors as children, or just me? Do you always talk back at people who are trying to help you learn? Is that what you were doing? I thought you were just being misanthropic, as usual.
(Sighs) After establishing causation and intention, I looked at the public interest, bearing in mind that each case must be considered on its own merits.
Diana had the mental capacity to form the intention to commit suicide.
Her doctor says that she communicated that intention clearly.
He was motivated by compassion.
There was no gross negligence in his treatment, and he had nothing to gain from her death.
I would recommend not prosecuting.
OK.
So so that's it? Yep.
That's it.
It's a will kit.
Not that I think you're going to cark it next week, but let's be honest, you're in pretty bad shape.
If this all? That's all.
Except to say that I won't be buying you any more donuts.
(Chuckles) (Camera clicks) Looks like he only got a step inside the door before they hit him.
What do you think? Yeah.
(Camera clicks) You OK? Fine.
Yeah.
I'm just RAY'S VOICE: I'm very disappointed, girls.
Very, very disappointed.
According to the police report, the first blow got him directly in the face.
(Blow) (Man grunts) (Panting) Then the side of the head.
(Blow) He hits this cupboard.
(Clatter) And then a flurry of blows.
(Blows) (Screaming) Then the body finished up here.
There's blood everywhere! Erin.
It's alright.
It's OK.
I've got you.
I've got you.
(Sobs) Hi.
Right.
Um, I'll try not to be too long.
(Knock on door) Come in.
(Sighs) So, how's everything with the .
.
everything? You can use the word 'pregnancy' if you'd like.
I just didn't want to assume.
No, don't assume.
Don't ever assume that something you've agreed on in theory will be adhered to when theory becomes a reality.
Very well.
Sorry.
What did you need to see me about? Well, there was something we discussed some time ago, in theory, that I would now like to make a reality.
I want us to pursue Quinn.
Quinn Quinn? The former Attorney-General, yes.
Something's happened? I'm gone a couple of hours, everything changes.
Well, nothing's happened.
I've reviewed the file.
I believe there's a case to answer, and I want him to answer it.
You have to have a reasonable prospect of conviction and there's even less chance of that now than there was when that file first came in.
There's no forensic evidence, there's no other witnesses and there's discrepancies in the women's stories.
Well, you yourself said we should be championing victims' rights.
Hope you're not asking me to run it.
(Chuckles) Well, that would not be wise.
(Laughs) The only thing that would be more controversial would be for you to run it.
Don't tempt me.
You're serious about this, aren't you? And for now, all I need you to do is tell me how exactly I'm going to do it.
Choo choo! This is the Court express, now leaving platform one.
Stand clear.
Why are you so chirpy? He's about to show off.
Aaahh! What have you got? Um, Michelle Randall, bank accountant that ripped off 300K.
Ooh, gambling? Botox and jewellery.
Nice.
Yes, Mr McMahon? Your Honour, the prosecution is ready to proceed.
All we need is a date.
This matter is listed as a plea.
Ah, with all due respect, Your Honour, I believe it's a contest.
Mr Duncan? Ah, we have registered the change of plea with the court.
Indeed.
I have a Notice of Hearing in front of me.
Mr McMahon? I didn't know.
Ah, I don't believe we have received that, Your Honour.
Oh.
I don't know.
Perhaps you just overlooked it? In the interests of timeliness, I'd like to proceed.
Your client is in court, Mr Duncan? He is, Your Honour.
And you're ready to proceed? We are.
Mr McMahon? Ah, if I could ask the court for a brief adjournment, for say five minutes for a toilet break? Mr McMahon, we have been in here for precisely seven minutes.
I think you can hold on.
As it pleases, Your Honour.
If I might have leave to call the victim into the court? I believe she's already here.
(Laughter) Correct.
(Clears throat) (Coughs) The charge before the court is one of armed robbery.
The defendant approached Miss Tori Rothenberg, a service station attendant and threatened her with what looked like a syringe full of blood.
If I can stop you right there.
I believe it was fake blood in a fake syringe.
Does that still constitute an offensive weapon under the Act? An excellent question, Your Honour.
You're stalling, Mr McMahon.
This is a plea, not a High Court appeal.
Get on with it, or I will have to throw the whole thing out.
(Sighs) Under Section Four of the Crimes Act, an offensive weapon is anything that, in the circumstances, is used, intended for use or threatened to be used for offensive purposes, whether or not it is ordinarily used for offensive purposes, or is capable of causing harm.
Feel free to continue, Mr McMahon.
(Laughs) How much fun was that? Perfect double act, mate.
Your brains, my natural charisma and humility.
Yeah.
Killer combo.
I'm not sure I need to go through that again.
OK, we had her eating out of the palm of my hand.
Right.
Was that before or after she called you a charlatan? (Laughs) Brinkmanship, that is all.
The thrill of the hunt.
You will learn to love it one day, my friend.
You are so full of shit.
Tori.
Hey.
I I just, um Yes? I just wanted to say thank you.
Thank you so much.
Tori, this is my colleague, Richard Stirling.
You must have been terrified.
I didn't know it wasn't blood.
(Chuckles) I thought I could have died.
I don't want to die.
I want to have kids.
Well, you don't have to worry anymore.
Thank you, Ben.
Thank you.
You'd better thank my friend, too.
No, it was my pleasure.
Thank you.
(Clears throat) With any luck, this shouldn't take long, anyway.
Should be pretty straightforward.
Actually, do you want to just wait for me there? Hi.
Hi.
You here for Michelle Randall? Briefing out for a mention.
Someone's got cash to splash if she's briefing you out for a mention.
She's hiding it well, though.
Was that your idea? I wish I'd thought of it.
Might even be genuine remorse.
(Chuckles) (Mobile rings) Hang on, sorry.
Sure.
Hi, Marina.
Everything OK? Oh, shit.
Sorry, I'm in court.
No, no, no.
No, I want to be there.
Um, can I call you back in a sec? Never have children.
Drama? Oh, there's always drama.
Rhys has picked the perfect time to be away.
It's our youngest son's first kindy meeting, and I promised him I'd be there and I'm working.
Well, this mention won't take long.
I'm nowhere near ready.
Still working my way through the hundreds of charges.
Yours is the easy one.
I've got another two on today.
You're a sucker for punishment.
I'm a sucker who took years off to raise kids and now has to work twice as hard to show people that I am actually alive and still working.
Sorry, you don't need to hear that.
What are we doing here? Adjourn for another mention? Great.
Can you do that without me? Just tell the judge I've OK'd it so I can go and sit on a tiny chair and discuss my son's social development, before coming back here for an assault and a dangerous driving.
Anything else I can do? Yes.
Let me buy you a drink at the end of the day so I can pretend I'm a real person.
Sure.
Thank you.
I'll call you.
Richard.
Miss Novak? Do you know who that is? Should I? Hopeless.
Hey, you two! Who's that? Don't look! Been in Janet's office for an hour without Janet.
(Clears throat) That looks good.
Witness.
You ever seen her leave a witness alone in her office? I bet it's her sister.
I am so sorry.
Disaster averted? I'm not sure it's exactly a disaster, but whatever it is, we're sailing right into it.
My turn? You know, I can't not know.
If you have the amnio, and you don't miscarry either one or both of our babies, and the amnio shows there's a definite disability, then what? Do we still have the baby? What do you think? I think yes.
OK, think about what that actually means, really means.
We'd have babies, newborns, on top of all the difficulties that come in with having a child with a profound disability.
And we're nearly 40, and we've never done any of this before, but there's four of us sharing the parenting, remember? I'm not sure I could cope.
I don't think I could cope either, but that's not the question.
Isn't it? The question is, are you so afraid of not coping that you're willing to terminate one of our babies? You know what they do? They inject salt into the foetus.
I know what they do.
And you're still willing to go through with it? Look me in the eye and tell me that's what you'd do.
Is it wrong to want things to be perfect? Is that wrong of me? No.
No, I want that too.
But this is what we're dealing with.
This is our life now.
Do we need the amnio? (Sobs) Hello, sister.
(Clears throat) (Chuckles) They're rooting, for sure.
ERIN: I feel like an idiot.
Erin, there's no need to feel embarrassed.
Even without a body on the floor, it's still a murder scene.
Now, I'll call Tracey, you call Lina, I'll organise some rooms, then dinner and an early night.
OK? Sure.
Since the first time I saw that photo of Ray, the close-up of his face, or what's left of his face, I've never been able to get it out of my head.
Some cases just get in.
Excuse me.
Thanks.
I have dreams about him, sometimes.
Never about the women, just him.
He's the one with the boltcutters.
Well, next time, maybe stop before you get to the end of the photo book.
It's usually where the close-ups are.
Lina wouldn't have flipped out like this.
She would have taken perfect notes.
Oh, no, I didn't take any! Any, anything! Doesn't matter, doesn't matter.
I got it.
I saw that the shed was some distance from the house, so the boltcutters must have been deliberately brought into the kitchen.
I know that the attack happened as soon as Ray entered the room.
I saw there was another door through which the two women could have escaped when he arrived.
And I saw no signs of unhealthiness or unhappiness anywhere in the house.
Hang on, what about all those happy families photos? Didn't you see they were all in exactly the same frames, exactly the same distance apart from each other on the shelf? That is creepy.
Obsessive neatness does not necessarily make Ray a monster.
And nor does it justify killing him.
There's a very strong possibility of a murder conviction in this case.
Wow.
You've drunk a bottle and a half of wine, and you still can't switch off.
Do you ever let go? (Chuckles) I'm sorry.
That's way out of line, even for me.
Not at all.
In fact, it was a very apposite observation.
See, you're pissed off, and pissed, and you still use words like 'apposite'.
You're a freak, Rhys Kowalski.
Freak Kowalski.
Ooh, I like that.
Freak Kowalski.
Sounds like a wrestler.
Say it again? (Laughs) Freak Kowalski.
Ah, it's so much better when you say it.
(Laughs) Drunk.
(Both laugh) You're not serious.
(Laughs) You are serious.
Aghh! It's fucking freezing! Jeez! Nice idea.
Nice tatt.
Ah, misspent youth.
(Shivers) So, if you felt this way about Ray Stone, why'd you change your mind about coming up here? A couple of reasons.
I suddenly feel depressingly sober.
I'll see you in the morning.
Yeah.
Hey.
Hey! Welcome back, stranger.
How was it? Wrong.
The whole thing just felt wrong.
It was awful.
The house, really isolated.
And all I could think about was Ugh! How'd you go with the fraud? Ah, adjourned it off.
Paula was cool.
Paula was there for the mention? Yeah, the sollie had a clash or something.
Hmm, right.
Thanks for doing that for me.
I can keep it if you like.
It's so tedious.
All that maths.
I don't mind.
Might as well finish it.
Erin.
Come with me, please.
Sit.
Not only is adultery expressly forbidden in the Bible, it is a remarkably stupid thing for a young lawyer to engage in.
Quite apart from any emotional damage which might ensue, you have your reputation to consider.
I know it isn't possible for someone as young as you to understand that your reputation is not something that arrives fully formed on the morning of your 40th birthday.
You are making it right now, in a very small world, which sees everything, discusses everything and remembers everything.
It is much easier for the men in this world.
They made it, and it is still theirs.
I know you won't believe me, but I'm trying to help you, Erin.
For the sake of your child.
Not a wise thing Sorry, what? .
.
for you and Mr Kowalski to bring your ultrasound into the office and leave it lying around.
You know where I am.
I just took this test, two minutes ago.
The thing's still damp.
Touch it, if you don't believe me.
There is one stripe.
That means it's negative, alright? Negative.
No baby.
Not Rhys's, not anyone's.
None of your business! Tracey Samuels is a stupid fucking cow.
Don't ever listen to anything she says.
Just because she has no life, she's determined to make everyone else's miserable, even if it means spreading lies about them.
I could fucking kill her! And I can't tell he r whose baby it is, so of course she's not going to believe me.
(Door closes) LINA: What are we looking at? Murder of a child - my child.
He and his brother Max were wrestling when Max strangled him.
Has Max experienced any difficulties at his new school? I just want- They're just doing their job.
I want to know exactly what you're insinuating about our son.
RHYS: I need a report on Erin's professional conduct.
Crying in court, apologising to the accused's supporters in front of the press? It doesn't look good.
Members of the jury, on the charge of murder, how say you? Clemence Duprat £ You know I gets up early I come home late £ You can crack that whip but I'm miles away £ I wonder how long I got to stay here for £ I have glamour to the very core £ Singing GROUP: £ What do I do? £ What am I to do? £ What do I do? £ What am I to do? £