Janus (1994) s01e13 Episode Script
Burden Of Proof
PETER: We're in the back lane.
MAN OVER RADIO: Street all clear.
Lights on in house next door.
Better be quiet.
Hall light on in target house.
We've got no movement within since last targets left.
PETER: OP, give us a sit rep.
WOMAN ON RADIO: Dogs lost Steve in a car park.
Split with Mal after an argument got violent.
Other targets under observation.
Boss, Steve won't go far.
They'll find him in his pub.
PETER: We're leaving the car.
Keep your eyes open.
We don't want any surprises.
MAN: Mal's heading west on Moray, doing 70 clicks.
Passing a KFC.
I've got two for cover.
MAN 2: Roger.
I'll catch him at the lights.
PETER: Have they rung the house? MAN: Yeah, 10 minutes ago.
Shirl said she was expecting you and had a roast going.
OP, give the phone another try.
What's the go? More movement at Melbourne Cemetery at midnight than there is here.
I'm moving up to the house.
(PHONE RINGS INSIDE HOUSE) (PHONE KEEPS RINGING) Got a problem with the gate.
You still with us? Yeah.
All eyes and ears open.
Even breathing for you, Noddy.
We've, um found a quantity of white powder.
Everything's going OK.
Tech still seems to be working OK.
Take a sample.
MAN: Noddy! A taxi's turning into the street.
Heading for the house.
I think it's Steve.
Get out of the house! MANOULIS: Now, Mr Faithful, did you go to this house, the subject of the video, on July 15? I did.
On what authority? I went into the premises under a search warrant issued under the Drugs, Poisons and Controlled Substances Act.
The execution of the warrant was done covertly, Your Honour.
We entered and left the premises surreptitiously.
Alright.
Now, can you take us through what we've just seen there? I conducted a partial search of the house, during which I located a plastic bag containing white powder.
What did you do with it? It was left in situ after being weighed and a sample taken.
In a hasty exit, did you leave the premises as you found them? We did, Your Honour.
Now, this sample What did you do with it? Sample was taken before the magistrate at the court which issued the warrant.
It was then placed in my office safe.
The following day, it was conveyed to the state forensic science laboratory and logged for analysis.
Right.
Thank you.
MANOULIS: Your Honour, I produce this plastic package containing the sample GROSSMAN: Yes, Mr Prosecutor.
That will be marked Exhibit 16.
KIDD: You told the jury that it was a 'covert' operation.
Surely you mean secret, don't you? That's correct.
Someone picked a lock or something, did they? PETER: I won't say what we can and can't do during a covert entry.
You're dictating to this court what you will or won't say? I don't think it's relevant.
I ask the questions, you answer them, and His Honour decides what is relevant.
Well, is it relevant, Mr Kidd? Indeed it is, Your Honour.
Where was it that you got into this private home? A side window.
And was the window locked? Yes.
And did someone pick the lock? I slid the snib using a pocketknife.
And you had someone keeping nit during this break-in? I'm not gonna discuss our security procedures.
But someone was keeping watch to let you know if anyone came home? Obviously.
I don't think we gave away any of the police force's great trade secrets then.
Did we, Sergeant? Well, that depends on your point of view, doesn't it, Mr Kidd? Now, you went to my client's home to find items connected with drug trafficking? Yes.
That's how you got the warrant initially? Yes.
Under the umbrella of this warrant, your technician went in to find a place to install a listening device.
I searched for drugs.
I know what you did.
I want to know what your technician did.
Do you have difficulty answering my question, Sergeant? Do you have difficulty doing things correctly? We were all authorised under that warrant to search.
To search for what? To search for drugs.
But not to install listening devices? Not under that particular authority, no.
KIDD: And you thought it was an appropriate thing to do at the time? PETER: I did.
Isn't that bending the law? No.
Oh, pardon? No.
You had no right to be there for that purpose.
That wasn't our sole purpose.
The technician was there to assist me in the search.
So did you also have a warrant sworn out under the Listening Devices Act? No.
If you intended to install a listening device, or look for a place to conceal one, why did you not get a warrant under that act? The technician was there to assist me in the search for drugs.
Ancillary to that would be to ascertain if there was He had no right to be there for any ancillary purpose at all.
Mr Faithful, you have created something totally unique to the law of Victoria.
The technician had to be there to let me in.
Haven't you just told His Honour that you opened the window with a knife blade? The technician was there to assist me in picking any locks.
The warrant issued under the Drugs, Poisons and Controlled Substances Act authorises you to enter, search and seize.
That's correct.
You didn't do much seizing, did you? Come on, spit it out, Senior Sergeant.
I didn't know what the powder was.
Oh? A sample was taken for analysis.
Didn't you believe that my client was committing a criminal offence? Yes.
You thought he was trafficking in drugs? Yes.
What did you think the white powder was? Heroin.
You could've seized all the powder immediately when you first found it, couldn't you? I could have.
He's just passed the roll.
KIDD: But you didn't.
PETER: No.
Didn't you just say you thought it was heroin? Yes.
Ask why he didn't test it at the house.
Why didn't you test the white substance at the house? I didn't have a test kit.
But you had scales, a video camera, whole swag of gear.
Why not a test kit? Wouldn't he have had one? No.
PETER: I don't know.
It was an oversight.
KIDD: An oversight? I suggest that when you had the warrant issued, you gave no thought whatsoever to its requirements.
You thought, "I've got it now.
I'll do what I like.
" What do you say to that? What do you want me to say? I deny it.
Mr Faithful, the warrant requires you to seize all the items - yes or no? Well, that's a matter for interpretation.
What interpretation is there in that? Well, this has been the subject of debate in relation to many covert warrants.
Keep pushing down the path of no return.
Oh, please! Well, Your Honour, this seems to be getting into legal argument.
My learned friend didn't challenge the admissibility of the warrant going into evidence, yet now it's becoming a banter between counsel and police about what Mr Faithful's powers may or may not be.
He's cross-examining the witness on matters of law.
MANOULIS: It's a fascinating debate, one that I'd be happy to have out with my learned friend, but at some other time.
Yes, perhaps we should clarify this in the absence of the jury.
Ooh, yum! "Perhaps we should clarify this (Together) "in the absence of the jury.
" (Softly) I'll run this list up to the sarge.
We'd better keep a careful check (Both sigh deeply) That's a nice jacket.
Does it come in leather? (CAR DOORS SHUT) It's a pretty good spot.
(Shuts car door) Yeah, it was when I was a kid.
Dad bought the place for Mum.
She still pissed off on him, though.
(BELLBIRDS CALL) How often did you come here with Mal? Dozen or so times.
He liked that I owned property.
He, uh he liked me to stand over here.
And then he'd shoot these out of my hand.
(TWO GUNSHOTS) (BIRDS SCREECH) (Mal laughs hysterically) JAN: Charming! So where did Mal stand? Over there.
When I started shaking too much, he'd just laugh.
And he'd shoot that tree.
(REPEATED GUNSHOTS) Christ! It's a bloody battlefield! GROSSMAN: This is the forensic variance of the pea and the thimble.
Now you see the jury, now you don't.
What is this about? The warrant material's before the court.
There must be some good reason for your cross-examination.
I don't see it.
Your Honour, in due course, I'm going to suggest that this witness has planted the drugs in the house and therefore, his attitude towards any specific powers that he has has a much broader context.
GROSSMAN: Mr Manoulis, what do you say about it? My learned friend can say he's gonna put this to the witness.
Why doesn't he just do it? It's an attack on the witness's credit.
I won't stop him.
He's made his point.
MANOULIS: But my friend says to this policeman, "You had the power to seize and you didn't, "therefore you've gone beyond your powers.
" That's just utterly ridiculous! The warrant gives him the power to enter, search and seize, and to arrest later on, if he chooses to.
If Mr Faithful chooses to do none of those things, he doesn't have to.
It may not suit my learned friend (Both murmur) but that's how it works.
I think Mr Kidd will argue the authorities require him to do so, that he is a man who acts in disregard of the authority given to him by law and therefore, may disregard the law in other ways.
Sit down, Mr Manoulis.
MANOULIS: Your Honour I am perfectly happy for him to attack the witness's credit.
But it still comes down to a matter of law, sir.
Your Mr Faithful is high on my list of suspects.
GROSSMAN: Now I know what he's doing, it has relevance, which is all I'm concerned about.
Let the witness and jury back in, before they think they're watching litigation conducted by the Marx Brothers.
Mr Faithful.
KIDD: On how many occasions have you videod raids on private premises? PETER: I personally haven't videod any search.
KIDD: Why so on this occasion? PETER: Well, to film what, if anything, was located.
Well, that seems mighty convenient.
It wasn't convenient.
It was an operational decision.
We knew it would be a covert entry, that nobody would be home, and it was a safeguard to prevent unfounded allegations being made at a later time.
Like the ones you're making.
Tell me, Sergeant, in your mind, what are these unfounded allegations you think I'm making? I must object on the basis that it's merely argumentative.
Yes, it might be generating heat, Mr Kidd, but not much light.
Yeah.
Mr Faithful, the fact is that the jury has to go on your word that you found those drugs, don't they? I believe a video record is sufficient We've all seen the video, Mr Faithful.
Are you trying to second-guess what I'm getting at? In a way, I am.
You're going around in circles.
I'm not going around in circles.
You're trying to second-guess where my cross-examination is going, aren't you? If you're suggesting I took the drugs there and planted them, that's simply outrageous.
Why do you offer that up yourself? That's clearly what you're alluding to.
I didn't say it.
That's the path you're going down.
You seem particularly sensitive to that allegation.
I'm not, Mr Kidd.
I assure you.
It wouldn't be very difficult for you to plant them, would it? Now you are suggesting I planted them? I will in a minute.
Just answer my question.
It wouldn't be hard to do, would it? It would be for me.
Why's that? Because it gets down to morals.
I'd never do such a thing.
Morals?! A technical crew went in there to try and hide a Are you suggesting I've committed a criminal act, Mr Kidd? Because I take great personal offence to that.
I ask the questions, Mr Faithful.
You give the answers.
Do you realise the difference between a court and your normal workplace? Yes.
Do you realise a court is bound by rules of evidence and law, and we're all required to comply by these rules, even if they are foreign to us? Of course.
You did plant those drugs there, didn't you? You asked that question, and I tell you again, and I take considerable offence You are experienced at searching houses? Yes.
How many house searches have you conducted during your career as a policeman? I don't know.
Possibly hundreds.
In relation to drugs, how many searches have you conducted? A great many.
And when you search these houses, it's generally a very thorough search, isn't it? If time permits.
When you searched my client's house, did you search the front bedroom? No.
Did you search the second bedroom? No.
Did you search the bathroom? No.
Did you search all of the kitchen? No.
How long did this search take? Approximately 10 minutes, perhaps a little less.
Isn't it true that that is the quickest search that you've ever conducted in your whole career? Yes, that'd be correct.
The reason being that you didn't have to search for the drugs because you knew where you'd put them.
Isn't that so? I deny that.
Then how did you know where the drugs were, if you hadn't put them there? PETER: I was acting on information.
What information? From whom? Well, I'd rather not say.
KIDD: I bet you wouldn't! What was this information? The information was that the drugs would be in the kitchen around the stove area.
Who told him that? Mal? KIDD: Who gave you that information? I can't divulge that person's name.
Was this person a registered informant? Yes, but I'd rather not pursue the matter in relation to the informer's identity.
Are you telling His Honour how to run his court again? No, Mr Kidd.
I assure you I'm not doing that.
According to you, you located the drugs in record time because of information given to you by some fictitious person.
Is that so? We located the drugs because a registered informant told me approximately where they would be.
I ask you again, what was your reason for not seizing the package that you say was drugs? Well, it would have jeopardised a major ongoing investigation.
What I suggest is this.
Such was your desire for revenge against the Hennessey family that you decided to put the drugs there so that you could lay a charge against my client.
Is that not so? No.
I deny that emphatically.
KIDD: You're still taking exception to my questions, Sergeant? PETER: As a matter of fact, I am.
This isn't the first time that's been put to you.
No.
This allegation has been put to you on numerous occasions in the not too distant past, hasn't it? Most crooks come up with that.
Just answer the question - yes or no.
Yes.
Did you charge William Jasper? Yes.
Did you charge Paul Smith? Yes.
KIDD: These people were charged with drug offences? (Both murmur softly) PETER: Yes.
KIDD: They all alleged the drugs were planted on them? PETER: I can't tell you that off the top of my head.
I have here the transcripts for the first three cases, if you'd care to read them.
(Throws down papers) Yes, that's correct.
You ready? Jeez, Mr Faithful.
Think I need a leak.
Let's go.
Are you wired? No.
You're not gonna get any admissions about the drugs.
You know that? Once you put that tape on, it's, "No comment.
" That's how it's gotta be.
Tell me something I don't already know.
You got some scag out of me house.
I'm gonna say you put it there.
You got no evidence of possession, so you're right up shit creek, right? Look, you forget about them drugs and I'll give you the names of a couple of bigger dealers.
No deal.
You're crazy! All I'll get is a fine, even if you can prove possession, which you won't.
Then that's the way it's gotta be.
You lost me once, Faithful.
You're gonna lose me again! KIDD: Let's move to the VicBank armed robbery, where two young police were shot.
You were the first detective to arrive on the scene? Don't be hesitant, Mr Faithful.
The jury's fully aware of that previous trial.
That's correct.
Must've been a devastating experience.
Things like that are never easy.
Did you need counselling from a psychologist? It's mandatory to see a psychologist when a member's involved in a shooting Just answer 'yes' or 'no'.
You asked him a question! It's not an opportunity for him He's entitled to answer! It's not an opportunity for him to make a speech, Your Honour.
GROSSMAN: If he does so, I'll stop him.
Answer without a speech.
I saw a police psychologist.
As the jury has been told, at the end of a long investigation, my client, along with others, was charged.
Yes.
At the end of the trial that followed that investigation, a Supreme Court jury found those charged were to be acquitted.
Yes.
And within hours of that acquittal, posters began appearing in police stations all over the state, posters bearing the words, "Don't get mad.
Get even.
" You got even, didn't you? I do my job.
KIDD: You did your job! Out of nine years with the CIB, you've spent four of those on the Hennessey family.
And as a result of this gigantic use of human and technical resources, you've been able to come up with a charge amounting to 2.
5 grams of heroin? Your Honour, cross-examination is to elicit evidence, not to make comments.
And had my client or any member of his family committed any other crime during that time, you would have surely brought it to the attention of this court.
You've not done so.
What do you say about that? I enforce the laws as laid down in legislation.
I don't write those laws.
The heroin was traffickable.
It was 80% pure - as close to 90% top-grade as you can get.
Which indicates it hadn't been cut since being imported into this country.
It was enough to kill several people.
I reckon that copper did me for speeding about 12 months back.
Same nasty little glint in his eye.
He kept staring at me like he remembered me or some something.
Uh, you shouldn't be doing that here.
It's a criminal act.
They can take me to court.
Oi! Kirsty! That dickhead's on the jury, for Christ's sake! Huh! Jesus.
You could sharpen an axe on that bat's face.
It's kick where you see a head.
I could have used your help out there.
Kidd nearly blitzed me.
The loneliest place in the world, that witness box.
Look, he's trying to dress you up as a thug.
Don't sweat it.
His shit stinks too, alright? Anyway, we shouldn't be discussing this.
Have your lunch and keep quiet.
It's not funny when it's me.
Vic, Kirsty just spoke to a juror.
I saw her.
Now we hear a thunderclap and the sky goes black.
MANOULIS: Your Honour, my instructor observed a person attempt to engage a juror in conversation.
It's the witness.
She's a proposed defence witness who's outside the court, Your Honour.
Which witness is this? Kirsty Nichols, my client's de facto.
I propose to call her to give evidence at the completion of my friend's case.
It isn't over yet.
Is it the Crown application I look into this matter? Yes, Your Honour.
We would like it investigated, please.
Kirsty Nichols.
Would Your Honour prefer to ask the questions, or? I'm happy for you to examine her, Mr Manoulis.
Thank you, Your Honour.
Ms Nichols, what is your relationship with one of the accused? Steve's my de facto.
MANOULIS: Alright.
His Honour is worried about an incident that occurred during lunchtime.
You know what I'm referring to? Something to do with a juror? Yes.
Jesus! Why was she doing that? I don't know.
Where were you? In the bloody toilet! Why'd you leave her alone? You know she's stupid! Is that correct, Ms Nichols? GROSSMAN: I'm aware of that ashtray, Mr Manoulis.
I look at it longingly at every break.
I've been off them a week.
What were you doing at the time of this incident? Waiting for my mother-in-law, Mrs Hennessey.
And I saw this bloke start walking towards me.
Yes, and what happened then? Well, he came up to me and I said hi.
And then he said hi back, and then Mrs Hennessey yelled at me and said, "Don't talk to him - he's on the jury!" So I stopped.
And is there any connection between you and this man? No.
I thought he was someone else.
MANOULIS: Alright.
Thank you.
BRONOWSKl: Prior to today, you've never spoken to this man? Shirl not behind this? Too much of a pro.
She knows all the rules and how to break them.
BRONOWSKl: No further questions, Your Honour.
This does not pass the smell test.
GROSSMAN: Do you wish to re-examine? No, Your Honour.
GROSSMAN: Well, I'm satisfied this lady is telling the truth.
I see no reason to call any more witnesses.
The matter can rest.
Thank you.
Bring in the jury.
(KNOCK AT DOOR) DAVE: Know any good jokes, Jack? Back inside, thanks.
What's the hold-up? Just a little hiccup.
Surprise, surprise.
BRONOWSKl: I'm certainly not suggesting you assaulted him or anything like that, you understand? PETER: I hope not.
I'm not indicating you went so far as to assault my client.
I'm not suggesting you did any more than simply threaten him.
I didn't threaten anyone.
Mr Faithful.
My client was terrified of you.
PETER: You agree that after being arrested you stood beside me and your brother-in-law Steven Hennessey, where I removed a bag of white powder from a cavity underneath the kitchen bench? Only white powder I know about's what you put there.
No comment to any questions you ask me.
You just want to frame us all.
I don't know nothin' about no drugs.
BRONOWSKl: Would you say Mr Mack was cooperative? He was polite.
(Clears throat) Excuse me.
He was friendly.
Didn't tell the truth about a few matters along the way.
Do you live in the real world? You've gotta threaten crims like that.
But bashing the shit out of them? Who do they complain to then? What's his motive? Revenge - a dish best served cold.
Hey, how's that other, uh you know, that other business going? Is this the thing I know nothing about? Exactly.
Could be.
Do it someplace else.
Look.
I don't want any blues with the DPP.
I'll gather evidence.
You decide what to charge Mal with.
Don't fraternise with him.
He'll call you in the middle of the night.
I've got a great witness on ice, who can't risk perjury.
The sooner you start acting like Victoria's best solicitor, and not the investigator you think you want to be Don't lose the case just for my ego.
There's no point charging people if the jury says 'not guilty'.
So, has it changed much? Been repainted.
That's new.
Mal had it replastered.
You know - puttied up the bullet holes.
So who was here that night? Mal, some bloke called Gazza, me and Pat.
Everyone else had left.
So where was Shirl? At her place next door with young Shane.
Steve was in a youth training centre at the time, I think.
So, what was the occasion? There wasn't one.
Just a Hennessey piss-up.
See, Pat was a manic boxer, you know.
Drunk as hell that night.
Bit of a pack runner, I guess.
But he was bodyguard to Mal.
He was a mate.
He was always with Mal.
Mal was getting into speed.
I could handle it.
He couldn't.
So why did he shoot Pat? You tell me and we'll both know.
Mal cut his hand.
Pat laughed.
MAL: Shit! (Laughs) Think that's funny? Get out! Mal went berko, and he shoved Pat.
Back off! Back off! They began wrestling like a couple of lunatics, you know.
And blood from Mal's hand was going everywhere.
Then Then Mal picked up a broken glass and he sliced Pat in the face with it.
You want to play, Clancy? You think it's funny? You know I'll jab you, don't you? You know I'll do it! Hey? Hey? (Screams) Pat was a good fighter, but he couldn't see shit through all that blood, you know? And then Mal came over to the stereo and cranked up the volume.
Pat should have known what that meant.
We all should have.
See, he kept it in his belt.
(MUSIC BLARES) That's when I shat myself.
Whole thing only took 10 seconds.
It was quick.
Bloody quick.
Think that's funny? (Fires five times) Gazza yelled at Mal to put the gun down.
Don't think he heard.
Then I saw bullet holes appearing in the wall.
Shit, that was weird.
So, what was happening to Pat? Uh, he went down.
Then there was this awful long moment And Mal put a shot in the back of his head.
I couldn't hear anything.
It was like I'd gone deaf.
I had ringing in me ears for weeks.
The smell of the gunpowder, it still makes me sick.
So who was this Gazza? Uh, Gazza, Gary - don't know his other name.
He was a quiet sort of bloke the few times I met him.
I didn't have much chance to get to know him.
And Shirl? What was she doing? She was in that door in a few minutes.
Told me to make myself useful, go next door and get stuff to clean up the blood.
I saw Mal dragging out the wet-and-dry vac.
When I came back, Mal, Gazza and the body were gone.
I never saw Gazza again.
That's good.
(CAMERA SHUTTER CLICKS) (METAL DETECTOR BEEPS) (CAMERA SHUTTER CLICKS) Just kicked a goal from centre half-back.
KIDD: The defence would like to call Kirsty Nichols, Your Honour.
I noticed you speak very softly, Ms Nichols.
Could you speak across to the jury? They need to hear you.
How do you know the accused, Steve Hennessey? He's my de facto.
And you are aware of why he's in court? He's charged with trafficking.
Can I turn your mind back to the period of the charge? Were you living with him at that time? Yes.
And in that period, did you meet one of the Crown witnesses, Dale Cassidy? Yes.
Cassidy came to your home? Yes.
And how was it that you came to know him? He and Steve were mates.
And how would you describe your relationship with the witness Cassidy? I didn't like him much.
Why was that, Ms Nichols? Because he was always trying to get into my pants.
What do you mean by that? He always wanted me to sleep with him.
Did you? No.
I love Steve.
I've never been with another man.
Did you tell Steve about this? Yes.
And how did he react? He was really mad.
And did he do anything about it? He told Cassidy to leave me alone.
This is becoming a three-hanky trial.
Cassidy told the jury he bought drugs from Steve.
What do you say about that? It's not true.
Steve never sold drugs to anyone.
He'd buy some for himself.
From who? From Darren.
Darren who? Darren Mack.
The other man up there in the back.
You prick! You bitch! KIRSTY: Darren would buy heroin from Cassidy, then pass a little bit to Steve.
Heaven protect you from friends and relatives.
I've heard what you've said, Ms Nichols.
But have you any evidence for the police connecting my client, Darren Mack, with drugs? No.
No further questions.
MANOULIS: Ms Nichols, I'm getting really confused here.
Did you make a statement to the police during this investigation? Yes, but I'm not sure what I said.
On concluding that statement, you acknowledged, "This statement is true and correct "and based on the belief that a person making a false statement, "in these circumstances, is liable to the penalties of perjury.
" Is that right? Yes.
Well, you swore in that statement that Darren and Steve sold heroin to Cassidy.
Well, that particular bit wasn't right.
Oh, that bit wasn't right? What reason can you give us for saying that in the first place? I was scared at the time.
Who were you scared of? Of him.
Sergeant Faithful.
MANOULIS: Isn't it a fact that you voluntarily approached the police and asked for protection? KIRSTY: Yes.
You agreed to testify against the Hennesseys for protection? Yes.
Then aren't you making this whole thing up? It's not police you're frightened of, is it? Cassidy didn't want Steve to have me.
He wanted Steve put away and he knew the police would do it.
This is supposed to be cross-examination, not therapy.
Look.
Here, you take this.
Now, don't worry about it.
OK? Call me, OK? 'Bye.
GROSSMAN: It is for you and you alone to decide whether the accused men are guilty or not guilty of the crimes charged.
Now, if at the end of your deliberations your judgment is, "I'm satisfied beyond reasonable doubt "that the accused is guilty," your verdict should be 'guilty'.
If your judgment is, "I'm not satisfied beyond reasonable doubt "that the accused is guilty," your verdict should be 'not guilty'.
Hands up for 'guilty'? Hands up 'not guilty'? Any questions? DAVE: Yeah.
Why should we listen to blokes wearing wigs and dresses? Becoming a local tradition - Kirsty somersaulting.
The bitch still as cute as ever? Another graduate from Shirl's charm school.
Jury will never swallow it.
Half the crims in town are ringing Shirl with their best wishes.
Well, the statements are typed and signed.
Ballistic report's in.
Everything bar the DNA test.
You want to wait for it? Nope.
It's too long.
If Steve and Darren walk, they'll have one helluva party, and we all know what happens when Mal parties.
You have to call in a plasterer the next day.
He'll kill some poor bastard just for the hell of it.
We still haven't found this Gazza.
If he sees Mal's smiling face in the newspaper, he'll go to ground and we'll never find him.
I think we'd better arrange some publicity of our own for dear old Mal.
Here you go.
Shirl.
(PHONE RINGS) Kidd.
Yeah.
Right.
Jury want to watch the surveillance tape again.
Quick to convict, slow to acquit.
Jury's playing detective.
Don't sweat it.
That's a good sign.
It's that hard-nosed bitch up the back I'm worried about.
Darren at the back, Steven here.
Well, according to Cassidy.
Mate, all I can see is Cassidy.
I was going to the night footy.
If we go late, will they feed us? Hang on.
A drug addict and his girlfriend said he bought drugs from Darren and Steve.
Steve's girlfriend said he never sold drugs to Cassidy at all.
So I guess it comes down to which girlfriend we're prepared to believe - Kirsty or Simone? Yeah, well, Simone's tucked away in a nice warm safe house with Cassidy at the taxpayers' expense.
Kirsty's at home with her baby and no Steve.
Would your wife lie to keep you free? Probably not.
Depends on what I'd done.
Or been accused of doing.
See, I told you.
We should just toss a coin.
Want to know what I think? I believe Simone.
My brother was a junkie.
That's why I understand half of what they're saying.
What she and Cassidy said rings true to what I'd heard him say so many times.
If it was my brother in the witness box, maybe he'd still be alive.
What happened to him? He OD'd, didn't he? If he'd stood up against his suppliers, maybe a whole drug network could have been closed down.
Gail, that's well and good, but we can only go on this evidence.
And the way it's looking, it's all pointing at Darren.
I'm not convinced beyond a reasonable doubt that Steven is guilty.
Yeah.
Well, we've done our job.
GAIL: No, I'm not going with that.
One in, both in.
They're as guilty as hell.
Your chance to get even? Yeah! My chance to get even.
Do you have a problem with that? Take a vote, Don.
Alright, everybody, please.
Darren first.
'Guilty'? Thank you.
Steven.
'Guilty'? Sorry, Gail.
It doesn't have to be unanimous.
Not anymore.
They're not looking at us.
Rooted.
ROSE: Members of the jury, how say you? REPORTER: Here they are.
Yes! I'll leave you to it, Shirl.
Mr Hennessey, how do you feel? Them bastards had it in for me all along.
Today it's been proven I didn't do it.
Like I said right from the start, both my boys are innocent.
This has just got to stop! Victoria should wake up to what Sergeant Faithful's doing to us.
Hey, hey! Hey, I was so magnificent, I even surprised myself! (Groans) Hey! Just call me 'the ledge'.
OK, ledge.
Well done.
Hey, news.
Haven't you kids got a set in your own rooms? Don't interrogate us.
We're not your witnesses.
NEWSREADER: Today, when the jury in the long-running drug trial of Steven Hennessey and Darren Mack returned their verdict.
Hennessey was acquitted of all charges, whilst Mack was found guilty on two counts of trafficking a drug of dependence.
Today it's been proved I didn't do it.
Like I said right from the start, all my boys are innocent.
This has just gotta stop! Good on ya, Shirl.
Victoria should wake up to what Sergeant Faithful's doing to us.
NEWSREADER: Police from the Tactical Response Squad then arrested Malcolm Hennessey, brother of the acquitted man, outside the court.
We've several matters to discuss back at the office.
Pig's arse! I'm not going anywhere.
Malcolm Hennessey, I arrest you for the murder of Patrick Clancy.
I didn't murder anybody! What are you talking about?! Can't you leave this family alone? SHIRL: That bastard's kidnapped me son! NEWSREADER: Hennessey was remanded in custody to appear in the Melbourne Magistrates' Court Well, that's next year's school fees taken care of.
Patrick Donald Clancy in 1986.
Let go of me, you pig! Scum, Faithful! Let me go!
MAN OVER RADIO: Street all clear.
Lights on in house next door.
Better be quiet.
Hall light on in target house.
We've got no movement within since last targets left.
PETER: OP, give us a sit rep.
WOMAN ON RADIO: Dogs lost Steve in a car park.
Split with Mal after an argument got violent.
Other targets under observation.
Boss, Steve won't go far.
They'll find him in his pub.
PETER: We're leaving the car.
Keep your eyes open.
We don't want any surprises.
MAN: Mal's heading west on Moray, doing 70 clicks.
Passing a KFC.
I've got two for cover.
MAN 2: Roger.
I'll catch him at the lights.
PETER: Have they rung the house? MAN: Yeah, 10 minutes ago.
Shirl said she was expecting you and had a roast going.
OP, give the phone another try.
What's the go? More movement at Melbourne Cemetery at midnight than there is here.
I'm moving up to the house.
(PHONE RINGS INSIDE HOUSE) (PHONE KEEPS RINGING) Got a problem with the gate.
You still with us? Yeah.
All eyes and ears open.
Even breathing for you, Noddy.
We've, um found a quantity of white powder.
Everything's going OK.
Tech still seems to be working OK.
Take a sample.
MAN: Noddy! A taxi's turning into the street.
Heading for the house.
I think it's Steve.
Get out of the house! MANOULIS: Now, Mr Faithful, did you go to this house, the subject of the video, on July 15? I did.
On what authority? I went into the premises under a search warrant issued under the Drugs, Poisons and Controlled Substances Act.
The execution of the warrant was done covertly, Your Honour.
We entered and left the premises surreptitiously.
Alright.
Now, can you take us through what we've just seen there? I conducted a partial search of the house, during which I located a plastic bag containing white powder.
What did you do with it? It was left in situ after being weighed and a sample taken.
In a hasty exit, did you leave the premises as you found them? We did, Your Honour.
Now, this sample What did you do with it? Sample was taken before the magistrate at the court which issued the warrant.
It was then placed in my office safe.
The following day, it was conveyed to the state forensic science laboratory and logged for analysis.
Right.
Thank you.
MANOULIS: Your Honour, I produce this plastic package containing the sample GROSSMAN: Yes, Mr Prosecutor.
That will be marked Exhibit 16.
KIDD: You told the jury that it was a 'covert' operation.
Surely you mean secret, don't you? That's correct.
Someone picked a lock or something, did they? PETER: I won't say what we can and can't do during a covert entry.
You're dictating to this court what you will or won't say? I don't think it's relevant.
I ask the questions, you answer them, and His Honour decides what is relevant.
Well, is it relevant, Mr Kidd? Indeed it is, Your Honour.
Where was it that you got into this private home? A side window.
And was the window locked? Yes.
And did someone pick the lock? I slid the snib using a pocketknife.
And you had someone keeping nit during this break-in? I'm not gonna discuss our security procedures.
But someone was keeping watch to let you know if anyone came home? Obviously.
I don't think we gave away any of the police force's great trade secrets then.
Did we, Sergeant? Well, that depends on your point of view, doesn't it, Mr Kidd? Now, you went to my client's home to find items connected with drug trafficking? Yes.
That's how you got the warrant initially? Yes.
Under the umbrella of this warrant, your technician went in to find a place to install a listening device.
I searched for drugs.
I know what you did.
I want to know what your technician did.
Do you have difficulty answering my question, Sergeant? Do you have difficulty doing things correctly? We were all authorised under that warrant to search.
To search for what? To search for drugs.
But not to install listening devices? Not under that particular authority, no.
KIDD: And you thought it was an appropriate thing to do at the time? PETER: I did.
Isn't that bending the law? No.
Oh, pardon? No.
You had no right to be there for that purpose.
That wasn't our sole purpose.
The technician was there to assist me in the search.
So did you also have a warrant sworn out under the Listening Devices Act? No.
If you intended to install a listening device, or look for a place to conceal one, why did you not get a warrant under that act? The technician was there to assist me in the search for drugs.
Ancillary to that would be to ascertain if there was He had no right to be there for any ancillary purpose at all.
Mr Faithful, you have created something totally unique to the law of Victoria.
The technician had to be there to let me in.
Haven't you just told His Honour that you opened the window with a knife blade? The technician was there to assist me in picking any locks.
The warrant issued under the Drugs, Poisons and Controlled Substances Act authorises you to enter, search and seize.
That's correct.
You didn't do much seizing, did you? Come on, spit it out, Senior Sergeant.
I didn't know what the powder was.
Oh? A sample was taken for analysis.
Didn't you believe that my client was committing a criminal offence? Yes.
You thought he was trafficking in drugs? Yes.
What did you think the white powder was? Heroin.
You could've seized all the powder immediately when you first found it, couldn't you? I could have.
He's just passed the roll.
KIDD: But you didn't.
PETER: No.
Didn't you just say you thought it was heroin? Yes.
Ask why he didn't test it at the house.
Why didn't you test the white substance at the house? I didn't have a test kit.
But you had scales, a video camera, whole swag of gear.
Why not a test kit? Wouldn't he have had one? No.
PETER: I don't know.
It was an oversight.
KIDD: An oversight? I suggest that when you had the warrant issued, you gave no thought whatsoever to its requirements.
You thought, "I've got it now.
I'll do what I like.
" What do you say to that? What do you want me to say? I deny it.
Mr Faithful, the warrant requires you to seize all the items - yes or no? Well, that's a matter for interpretation.
What interpretation is there in that? Well, this has been the subject of debate in relation to many covert warrants.
Keep pushing down the path of no return.
Oh, please! Well, Your Honour, this seems to be getting into legal argument.
My learned friend didn't challenge the admissibility of the warrant going into evidence, yet now it's becoming a banter between counsel and police about what Mr Faithful's powers may or may not be.
He's cross-examining the witness on matters of law.
MANOULIS: It's a fascinating debate, one that I'd be happy to have out with my learned friend, but at some other time.
Yes, perhaps we should clarify this in the absence of the jury.
Ooh, yum! "Perhaps we should clarify this (Together) "in the absence of the jury.
" (Softly) I'll run this list up to the sarge.
We'd better keep a careful check (Both sigh deeply) That's a nice jacket.
Does it come in leather? (CAR DOORS SHUT) It's a pretty good spot.
(Shuts car door) Yeah, it was when I was a kid.
Dad bought the place for Mum.
She still pissed off on him, though.
(BELLBIRDS CALL) How often did you come here with Mal? Dozen or so times.
He liked that I owned property.
He, uh he liked me to stand over here.
And then he'd shoot these out of my hand.
(TWO GUNSHOTS) (BIRDS SCREECH) (Mal laughs hysterically) JAN: Charming! So where did Mal stand? Over there.
When I started shaking too much, he'd just laugh.
And he'd shoot that tree.
(REPEATED GUNSHOTS) Christ! It's a bloody battlefield! GROSSMAN: This is the forensic variance of the pea and the thimble.
Now you see the jury, now you don't.
What is this about? The warrant material's before the court.
There must be some good reason for your cross-examination.
I don't see it.
Your Honour, in due course, I'm going to suggest that this witness has planted the drugs in the house and therefore, his attitude towards any specific powers that he has has a much broader context.
GROSSMAN: Mr Manoulis, what do you say about it? My learned friend can say he's gonna put this to the witness.
Why doesn't he just do it? It's an attack on the witness's credit.
I won't stop him.
He's made his point.
MANOULIS: But my friend says to this policeman, "You had the power to seize and you didn't, "therefore you've gone beyond your powers.
" That's just utterly ridiculous! The warrant gives him the power to enter, search and seize, and to arrest later on, if he chooses to.
If Mr Faithful chooses to do none of those things, he doesn't have to.
It may not suit my learned friend (Both murmur) but that's how it works.
I think Mr Kidd will argue the authorities require him to do so, that he is a man who acts in disregard of the authority given to him by law and therefore, may disregard the law in other ways.
Sit down, Mr Manoulis.
MANOULIS: Your Honour I am perfectly happy for him to attack the witness's credit.
But it still comes down to a matter of law, sir.
Your Mr Faithful is high on my list of suspects.
GROSSMAN: Now I know what he's doing, it has relevance, which is all I'm concerned about.
Let the witness and jury back in, before they think they're watching litigation conducted by the Marx Brothers.
Mr Faithful.
KIDD: On how many occasions have you videod raids on private premises? PETER: I personally haven't videod any search.
KIDD: Why so on this occasion? PETER: Well, to film what, if anything, was located.
Well, that seems mighty convenient.
It wasn't convenient.
It was an operational decision.
We knew it would be a covert entry, that nobody would be home, and it was a safeguard to prevent unfounded allegations being made at a later time.
Like the ones you're making.
Tell me, Sergeant, in your mind, what are these unfounded allegations you think I'm making? I must object on the basis that it's merely argumentative.
Yes, it might be generating heat, Mr Kidd, but not much light.
Yeah.
Mr Faithful, the fact is that the jury has to go on your word that you found those drugs, don't they? I believe a video record is sufficient We've all seen the video, Mr Faithful.
Are you trying to second-guess what I'm getting at? In a way, I am.
You're going around in circles.
I'm not going around in circles.
You're trying to second-guess where my cross-examination is going, aren't you? If you're suggesting I took the drugs there and planted them, that's simply outrageous.
Why do you offer that up yourself? That's clearly what you're alluding to.
I didn't say it.
That's the path you're going down.
You seem particularly sensitive to that allegation.
I'm not, Mr Kidd.
I assure you.
It wouldn't be very difficult for you to plant them, would it? Now you are suggesting I planted them? I will in a minute.
Just answer my question.
It wouldn't be hard to do, would it? It would be for me.
Why's that? Because it gets down to morals.
I'd never do such a thing.
Morals?! A technical crew went in there to try and hide a Are you suggesting I've committed a criminal act, Mr Kidd? Because I take great personal offence to that.
I ask the questions, Mr Faithful.
You give the answers.
Do you realise the difference between a court and your normal workplace? Yes.
Do you realise a court is bound by rules of evidence and law, and we're all required to comply by these rules, even if they are foreign to us? Of course.
You did plant those drugs there, didn't you? You asked that question, and I tell you again, and I take considerable offence You are experienced at searching houses? Yes.
How many house searches have you conducted during your career as a policeman? I don't know.
Possibly hundreds.
In relation to drugs, how many searches have you conducted? A great many.
And when you search these houses, it's generally a very thorough search, isn't it? If time permits.
When you searched my client's house, did you search the front bedroom? No.
Did you search the second bedroom? No.
Did you search the bathroom? No.
Did you search all of the kitchen? No.
How long did this search take? Approximately 10 minutes, perhaps a little less.
Isn't it true that that is the quickest search that you've ever conducted in your whole career? Yes, that'd be correct.
The reason being that you didn't have to search for the drugs because you knew where you'd put them.
Isn't that so? I deny that.
Then how did you know where the drugs were, if you hadn't put them there? PETER: I was acting on information.
What information? From whom? Well, I'd rather not say.
KIDD: I bet you wouldn't! What was this information? The information was that the drugs would be in the kitchen around the stove area.
Who told him that? Mal? KIDD: Who gave you that information? I can't divulge that person's name.
Was this person a registered informant? Yes, but I'd rather not pursue the matter in relation to the informer's identity.
Are you telling His Honour how to run his court again? No, Mr Kidd.
I assure you I'm not doing that.
According to you, you located the drugs in record time because of information given to you by some fictitious person.
Is that so? We located the drugs because a registered informant told me approximately where they would be.
I ask you again, what was your reason for not seizing the package that you say was drugs? Well, it would have jeopardised a major ongoing investigation.
What I suggest is this.
Such was your desire for revenge against the Hennessey family that you decided to put the drugs there so that you could lay a charge against my client.
Is that not so? No.
I deny that emphatically.
KIDD: You're still taking exception to my questions, Sergeant? PETER: As a matter of fact, I am.
This isn't the first time that's been put to you.
No.
This allegation has been put to you on numerous occasions in the not too distant past, hasn't it? Most crooks come up with that.
Just answer the question - yes or no.
Yes.
Did you charge William Jasper? Yes.
Did you charge Paul Smith? Yes.
KIDD: These people were charged with drug offences? (Both murmur softly) PETER: Yes.
KIDD: They all alleged the drugs were planted on them? PETER: I can't tell you that off the top of my head.
I have here the transcripts for the first three cases, if you'd care to read them.
(Throws down papers) Yes, that's correct.
You ready? Jeez, Mr Faithful.
Think I need a leak.
Let's go.
Are you wired? No.
You're not gonna get any admissions about the drugs.
You know that? Once you put that tape on, it's, "No comment.
" That's how it's gotta be.
Tell me something I don't already know.
You got some scag out of me house.
I'm gonna say you put it there.
You got no evidence of possession, so you're right up shit creek, right? Look, you forget about them drugs and I'll give you the names of a couple of bigger dealers.
No deal.
You're crazy! All I'll get is a fine, even if you can prove possession, which you won't.
Then that's the way it's gotta be.
You lost me once, Faithful.
You're gonna lose me again! KIDD: Let's move to the VicBank armed robbery, where two young police were shot.
You were the first detective to arrive on the scene? Don't be hesitant, Mr Faithful.
The jury's fully aware of that previous trial.
That's correct.
Must've been a devastating experience.
Things like that are never easy.
Did you need counselling from a psychologist? It's mandatory to see a psychologist when a member's involved in a shooting Just answer 'yes' or 'no'.
You asked him a question! It's not an opportunity for him He's entitled to answer! It's not an opportunity for him to make a speech, Your Honour.
GROSSMAN: If he does so, I'll stop him.
Answer without a speech.
I saw a police psychologist.
As the jury has been told, at the end of a long investigation, my client, along with others, was charged.
Yes.
At the end of the trial that followed that investigation, a Supreme Court jury found those charged were to be acquitted.
Yes.
And within hours of that acquittal, posters began appearing in police stations all over the state, posters bearing the words, "Don't get mad.
Get even.
" You got even, didn't you? I do my job.
KIDD: You did your job! Out of nine years with the CIB, you've spent four of those on the Hennessey family.
And as a result of this gigantic use of human and technical resources, you've been able to come up with a charge amounting to 2.
5 grams of heroin? Your Honour, cross-examination is to elicit evidence, not to make comments.
And had my client or any member of his family committed any other crime during that time, you would have surely brought it to the attention of this court.
You've not done so.
What do you say about that? I enforce the laws as laid down in legislation.
I don't write those laws.
The heroin was traffickable.
It was 80% pure - as close to 90% top-grade as you can get.
Which indicates it hadn't been cut since being imported into this country.
It was enough to kill several people.
I reckon that copper did me for speeding about 12 months back.
Same nasty little glint in his eye.
He kept staring at me like he remembered me or some something.
Uh, you shouldn't be doing that here.
It's a criminal act.
They can take me to court.
Oi! Kirsty! That dickhead's on the jury, for Christ's sake! Huh! Jesus.
You could sharpen an axe on that bat's face.
It's kick where you see a head.
I could have used your help out there.
Kidd nearly blitzed me.
The loneliest place in the world, that witness box.
Look, he's trying to dress you up as a thug.
Don't sweat it.
His shit stinks too, alright? Anyway, we shouldn't be discussing this.
Have your lunch and keep quiet.
It's not funny when it's me.
Vic, Kirsty just spoke to a juror.
I saw her.
Now we hear a thunderclap and the sky goes black.
MANOULIS: Your Honour, my instructor observed a person attempt to engage a juror in conversation.
It's the witness.
She's a proposed defence witness who's outside the court, Your Honour.
Which witness is this? Kirsty Nichols, my client's de facto.
I propose to call her to give evidence at the completion of my friend's case.
It isn't over yet.
Is it the Crown application I look into this matter? Yes, Your Honour.
We would like it investigated, please.
Kirsty Nichols.
Would Your Honour prefer to ask the questions, or? I'm happy for you to examine her, Mr Manoulis.
Thank you, Your Honour.
Ms Nichols, what is your relationship with one of the accused? Steve's my de facto.
MANOULIS: Alright.
His Honour is worried about an incident that occurred during lunchtime.
You know what I'm referring to? Something to do with a juror? Yes.
Jesus! Why was she doing that? I don't know.
Where were you? In the bloody toilet! Why'd you leave her alone? You know she's stupid! Is that correct, Ms Nichols? GROSSMAN: I'm aware of that ashtray, Mr Manoulis.
I look at it longingly at every break.
I've been off them a week.
What were you doing at the time of this incident? Waiting for my mother-in-law, Mrs Hennessey.
And I saw this bloke start walking towards me.
Yes, and what happened then? Well, he came up to me and I said hi.
And then he said hi back, and then Mrs Hennessey yelled at me and said, "Don't talk to him - he's on the jury!" So I stopped.
And is there any connection between you and this man? No.
I thought he was someone else.
MANOULIS: Alright.
Thank you.
BRONOWSKl: Prior to today, you've never spoken to this man? Shirl not behind this? Too much of a pro.
She knows all the rules and how to break them.
BRONOWSKl: No further questions, Your Honour.
This does not pass the smell test.
GROSSMAN: Do you wish to re-examine? No, Your Honour.
GROSSMAN: Well, I'm satisfied this lady is telling the truth.
I see no reason to call any more witnesses.
The matter can rest.
Thank you.
Bring in the jury.
(KNOCK AT DOOR) DAVE: Know any good jokes, Jack? Back inside, thanks.
What's the hold-up? Just a little hiccup.
Surprise, surprise.
BRONOWSKl: I'm certainly not suggesting you assaulted him or anything like that, you understand? PETER: I hope not.
I'm not indicating you went so far as to assault my client.
I'm not suggesting you did any more than simply threaten him.
I didn't threaten anyone.
Mr Faithful.
My client was terrified of you.
PETER: You agree that after being arrested you stood beside me and your brother-in-law Steven Hennessey, where I removed a bag of white powder from a cavity underneath the kitchen bench? Only white powder I know about's what you put there.
No comment to any questions you ask me.
You just want to frame us all.
I don't know nothin' about no drugs.
BRONOWSKl: Would you say Mr Mack was cooperative? He was polite.
(Clears throat) Excuse me.
He was friendly.
Didn't tell the truth about a few matters along the way.
Do you live in the real world? You've gotta threaten crims like that.
But bashing the shit out of them? Who do they complain to then? What's his motive? Revenge - a dish best served cold.
Hey, how's that other, uh you know, that other business going? Is this the thing I know nothing about? Exactly.
Could be.
Do it someplace else.
Look.
I don't want any blues with the DPP.
I'll gather evidence.
You decide what to charge Mal with.
Don't fraternise with him.
He'll call you in the middle of the night.
I've got a great witness on ice, who can't risk perjury.
The sooner you start acting like Victoria's best solicitor, and not the investigator you think you want to be Don't lose the case just for my ego.
There's no point charging people if the jury says 'not guilty'.
So, has it changed much? Been repainted.
That's new.
Mal had it replastered.
You know - puttied up the bullet holes.
So who was here that night? Mal, some bloke called Gazza, me and Pat.
Everyone else had left.
So where was Shirl? At her place next door with young Shane.
Steve was in a youth training centre at the time, I think.
So, what was the occasion? There wasn't one.
Just a Hennessey piss-up.
See, Pat was a manic boxer, you know.
Drunk as hell that night.
Bit of a pack runner, I guess.
But he was bodyguard to Mal.
He was a mate.
He was always with Mal.
Mal was getting into speed.
I could handle it.
He couldn't.
So why did he shoot Pat? You tell me and we'll both know.
Mal cut his hand.
Pat laughed.
MAL: Shit! (Laughs) Think that's funny? Get out! Mal went berko, and he shoved Pat.
Back off! Back off! They began wrestling like a couple of lunatics, you know.
And blood from Mal's hand was going everywhere.
Then Then Mal picked up a broken glass and he sliced Pat in the face with it.
You want to play, Clancy? You think it's funny? You know I'll jab you, don't you? You know I'll do it! Hey? Hey? (Screams) Pat was a good fighter, but he couldn't see shit through all that blood, you know? And then Mal came over to the stereo and cranked up the volume.
Pat should have known what that meant.
We all should have.
See, he kept it in his belt.
(MUSIC BLARES) That's when I shat myself.
Whole thing only took 10 seconds.
It was quick.
Bloody quick.
Think that's funny? (Fires five times) Gazza yelled at Mal to put the gun down.
Don't think he heard.
Then I saw bullet holes appearing in the wall.
Shit, that was weird.
So, what was happening to Pat? Uh, he went down.
Then there was this awful long moment And Mal put a shot in the back of his head.
I couldn't hear anything.
It was like I'd gone deaf.
I had ringing in me ears for weeks.
The smell of the gunpowder, it still makes me sick.
So who was this Gazza? Uh, Gazza, Gary - don't know his other name.
He was a quiet sort of bloke the few times I met him.
I didn't have much chance to get to know him.
And Shirl? What was she doing? She was in that door in a few minutes.
Told me to make myself useful, go next door and get stuff to clean up the blood.
I saw Mal dragging out the wet-and-dry vac.
When I came back, Mal, Gazza and the body were gone.
I never saw Gazza again.
That's good.
(CAMERA SHUTTER CLICKS) (METAL DETECTOR BEEPS) (CAMERA SHUTTER CLICKS) Just kicked a goal from centre half-back.
KIDD: The defence would like to call Kirsty Nichols, Your Honour.
I noticed you speak very softly, Ms Nichols.
Could you speak across to the jury? They need to hear you.
How do you know the accused, Steve Hennessey? He's my de facto.
And you are aware of why he's in court? He's charged with trafficking.
Can I turn your mind back to the period of the charge? Were you living with him at that time? Yes.
And in that period, did you meet one of the Crown witnesses, Dale Cassidy? Yes.
Cassidy came to your home? Yes.
And how was it that you came to know him? He and Steve were mates.
And how would you describe your relationship with the witness Cassidy? I didn't like him much.
Why was that, Ms Nichols? Because he was always trying to get into my pants.
What do you mean by that? He always wanted me to sleep with him.
Did you? No.
I love Steve.
I've never been with another man.
Did you tell Steve about this? Yes.
And how did he react? He was really mad.
And did he do anything about it? He told Cassidy to leave me alone.
This is becoming a three-hanky trial.
Cassidy told the jury he bought drugs from Steve.
What do you say about that? It's not true.
Steve never sold drugs to anyone.
He'd buy some for himself.
From who? From Darren.
Darren who? Darren Mack.
The other man up there in the back.
You prick! You bitch! KIRSTY: Darren would buy heroin from Cassidy, then pass a little bit to Steve.
Heaven protect you from friends and relatives.
I've heard what you've said, Ms Nichols.
But have you any evidence for the police connecting my client, Darren Mack, with drugs? No.
No further questions.
MANOULIS: Ms Nichols, I'm getting really confused here.
Did you make a statement to the police during this investigation? Yes, but I'm not sure what I said.
On concluding that statement, you acknowledged, "This statement is true and correct "and based on the belief that a person making a false statement, "in these circumstances, is liable to the penalties of perjury.
" Is that right? Yes.
Well, you swore in that statement that Darren and Steve sold heroin to Cassidy.
Well, that particular bit wasn't right.
Oh, that bit wasn't right? What reason can you give us for saying that in the first place? I was scared at the time.
Who were you scared of? Of him.
Sergeant Faithful.
MANOULIS: Isn't it a fact that you voluntarily approached the police and asked for protection? KIRSTY: Yes.
You agreed to testify against the Hennesseys for protection? Yes.
Then aren't you making this whole thing up? It's not police you're frightened of, is it? Cassidy didn't want Steve to have me.
He wanted Steve put away and he knew the police would do it.
This is supposed to be cross-examination, not therapy.
Look.
Here, you take this.
Now, don't worry about it.
OK? Call me, OK? 'Bye.
GROSSMAN: It is for you and you alone to decide whether the accused men are guilty or not guilty of the crimes charged.
Now, if at the end of your deliberations your judgment is, "I'm satisfied beyond reasonable doubt "that the accused is guilty," your verdict should be 'guilty'.
If your judgment is, "I'm not satisfied beyond reasonable doubt "that the accused is guilty," your verdict should be 'not guilty'.
Hands up for 'guilty'? Hands up 'not guilty'? Any questions? DAVE: Yeah.
Why should we listen to blokes wearing wigs and dresses? Becoming a local tradition - Kirsty somersaulting.
The bitch still as cute as ever? Another graduate from Shirl's charm school.
Jury will never swallow it.
Half the crims in town are ringing Shirl with their best wishes.
Well, the statements are typed and signed.
Ballistic report's in.
Everything bar the DNA test.
You want to wait for it? Nope.
It's too long.
If Steve and Darren walk, they'll have one helluva party, and we all know what happens when Mal parties.
You have to call in a plasterer the next day.
He'll kill some poor bastard just for the hell of it.
We still haven't found this Gazza.
If he sees Mal's smiling face in the newspaper, he'll go to ground and we'll never find him.
I think we'd better arrange some publicity of our own for dear old Mal.
Here you go.
Shirl.
(PHONE RINGS) Kidd.
Yeah.
Right.
Jury want to watch the surveillance tape again.
Quick to convict, slow to acquit.
Jury's playing detective.
Don't sweat it.
That's a good sign.
It's that hard-nosed bitch up the back I'm worried about.
Darren at the back, Steven here.
Well, according to Cassidy.
Mate, all I can see is Cassidy.
I was going to the night footy.
If we go late, will they feed us? Hang on.
A drug addict and his girlfriend said he bought drugs from Darren and Steve.
Steve's girlfriend said he never sold drugs to Cassidy at all.
So I guess it comes down to which girlfriend we're prepared to believe - Kirsty or Simone? Yeah, well, Simone's tucked away in a nice warm safe house with Cassidy at the taxpayers' expense.
Kirsty's at home with her baby and no Steve.
Would your wife lie to keep you free? Probably not.
Depends on what I'd done.
Or been accused of doing.
See, I told you.
We should just toss a coin.
Want to know what I think? I believe Simone.
My brother was a junkie.
That's why I understand half of what they're saying.
What she and Cassidy said rings true to what I'd heard him say so many times.
If it was my brother in the witness box, maybe he'd still be alive.
What happened to him? He OD'd, didn't he? If he'd stood up against his suppliers, maybe a whole drug network could have been closed down.
Gail, that's well and good, but we can only go on this evidence.
And the way it's looking, it's all pointing at Darren.
I'm not convinced beyond a reasonable doubt that Steven is guilty.
Yeah.
Well, we've done our job.
GAIL: No, I'm not going with that.
One in, both in.
They're as guilty as hell.
Your chance to get even? Yeah! My chance to get even.
Do you have a problem with that? Take a vote, Don.
Alright, everybody, please.
Darren first.
'Guilty'? Thank you.
Steven.
'Guilty'? Sorry, Gail.
It doesn't have to be unanimous.
Not anymore.
They're not looking at us.
Rooted.
ROSE: Members of the jury, how say you? REPORTER: Here they are.
Yes! I'll leave you to it, Shirl.
Mr Hennessey, how do you feel? Them bastards had it in for me all along.
Today it's been proven I didn't do it.
Like I said right from the start, both my boys are innocent.
This has just got to stop! Victoria should wake up to what Sergeant Faithful's doing to us.
Hey, hey! Hey, I was so magnificent, I even surprised myself! (Groans) Hey! Just call me 'the ledge'.
OK, ledge.
Well done.
Hey, news.
Haven't you kids got a set in your own rooms? Don't interrogate us.
We're not your witnesses.
NEWSREADER: Today, when the jury in the long-running drug trial of Steven Hennessey and Darren Mack returned their verdict.
Hennessey was acquitted of all charges, whilst Mack was found guilty on two counts of trafficking a drug of dependence.
Today it's been proved I didn't do it.
Like I said right from the start, all my boys are innocent.
This has just gotta stop! Good on ya, Shirl.
Victoria should wake up to what Sergeant Faithful's doing to us.
NEWSREADER: Police from the Tactical Response Squad then arrested Malcolm Hennessey, brother of the acquitted man, outside the court.
We've several matters to discuss back at the office.
Pig's arse! I'm not going anywhere.
Malcolm Hennessey, I arrest you for the murder of Patrick Clancy.
I didn't murder anybody! What are you talking about?! Can't you leave this family alone? SHIRL: That bastard's kidnapped me son! NEWSREADER: Hennessey was remanded in custody to appear in the Melbourne Magistrates' Court Well, that's next year's school fees taken care of.
Patrick Donald Clancy in 1986.
Let go of me, you pig! Scum, Faithful! Let me go!