Crownies (2011) s01e18 Episode Script
Episode 18
Said if we ran, he'd track us down.
Most people would have taken that risk.
Most people haven't been treated like dogs.
On the charge of murder, how say you? We find the accused, Joanne Mervich, guilty of the charge of murder.
No.
Hey! Use your brain, you moron.
And watch out for pedestrians! I just wanted to give you these.
Thank you.
I really am sorry.
Uh, Richard.
I'm Lisa.
Salwa? My girlfriend.
Good Muslim girl, then? Yeah, of course.
Hi, sweetie! Oh! Um, nice to meet you, Salwa.
Mummy, please.
Mr Gardiner.
Your Honour cannot force Mrs Gardiner to give evidence.
It's unconscionable and it's unfair to the witness.
Max, I'm coming.
Mrs Gardiner! Remain in the witness box.
Secure her! I want to go home now! Get out of my way! They will attempt to persuade you that Max is an unlucky boy who accidentally caused the tragic death of his little brother, Jake Gardiner.
Nine years old.
They'll argue that Max has suffered enough, that he should not be facing trial for a game that went wrong.
It's difficult to look at Max in the dock and not feel shocked and upset.
The defence will appeal to your emotions.
They'll be manipulated.
You'll be asked to use those emotions to find Max not guilty of murder.
But you must remember that emotions have no place in this courtroom.
Facts.
Evidence.
Head, not heart.
Cool intellect, not sentiment.
Save your empathy for the victim.
Come to rescue me from the scourge of public opinion? 'Innocence Lost.
DPP a disgrace.
' 'The controversial decision to prosecute an eleven-year-old boy for murder can be placed firmly and solely at the feet of Director, David Sinclair, for his hubris and contempt for the public's best interest.
' 'In your summary, you and all your colleagues who besmirch the noble profession of journalism with your smear campaigns dressed up as public interest can go fuck yourselves.
' I understand your Max Gardiner jury is full of parents.
Yeah, well, I managed to get two young, childless men.
Gillian Warden fought everyone I wanted to empanel.
Well, Virginia Gardiner cuts a sympathetic figure.
Speaking of which, Joanne Mervich is appealing her sentence today.
Lucky Erin.
Mervich is the gift that keeps on giving.
An interesting day all round.
Once more unto the breach.
This is where you pump me for information about my judge and your bail application.
No, I wouldn't want you to compromise yourself.
That's it.
Not even one sexual innuendo.
I even said pump.
Well, think of it as a new leaf.
Ben McMahon, commitment man.
Why not? I'm serious about you.
Is that a problem? It's just unexpected.
I like it.
Stay out of it, Erin.
You're trying too hard.
And this is your business how? She'll figure it out.
Just tell her the truth.
Yeah, I'd take that advice if your love life wasn't so pathetic.
Ready for the last hurrah of the boltcutter babes? Let's get this over with.
Your Honour, as you will have read in our submission, it is our view that His Honour, Justice Rosenberg, erred by not taking into account my client's mitigating circumstances.
It was clear from both the defence and the Crown's psychiatrists that my client suffered from battered woman syndrome, a sub-category of post-traumatic stress disorder, the symptoms of which have increased exponentially during my client's incarceration.
We regard the original sentence as manifestly unjust.
Mr Crown, do you have anything to add? Only that the appeal is not based on a failing of police procedure, nor a point of law.
There is no fresh evidence, and it is the Crown's view that Ms Mervich received a fair trial.
Mr Badrossian, I hope that you have advised your client that an appeal not only has the power to decrease the sentence given, but also to increase it.
I have, Your Honour.
And your client wishes to proceed? I do.
Yes, Your Honour.
I hope your client is aware that, without making any conclusions yet, one may regard the sentence given as lenient? If I may have a moment, Your Honour, to confer with my client? It may be in your best interests not to proceed.
I can't stay in that jail.
Please, I want to continue.
Very well.
I have considered the arguments and the evidence submissions and I am ready to pass judgement.
Your Honour, if I may, I'd like to make it clear the Crown was content with the sentence as given.
Thank you, Mr Crown, but I am not.
I regard the original sentence of ten years' incarceration as manifestly inadequate.
Inadequate? What? I substitute the following sentence.
On the count of murder Please.
That the appellant serve Please.
16 years imprisonment with a non-parole period of 14 years.
Remove the prisoner.
Help me, Erin! Erin! Erin! Erin! Erin! Joanne knew an increase in sentence was a risk.
She'll have the next 16 years of her life to think about that.
How did she know my name? I don't know.
Tell Tracey I'll be back soon.
Erin.
I don't think a drink'll help.
Four words, my friend.
Petting zoo, wishing well, theft.
That's five words.
Bide A While Petting Zoo.
What are you doing that's so important? Bail applications with Justice Morgan.
Julie's new judge? Yep.
Hey, my Dad used to take me to this place.
I put money in that pond.
Bart and Jacinta broke into the Bide A While Petting Zoo at around midnight, they made their way to the wishing well and stole an estimated $10,000 in small change using a wheelbarrow.
Dividing the money between five children's charities? Robin Hood complex.
You've got like 30 files.
I'd be happy to offer my help.
What do you want? The identity of this mysterious friend you've been hiding.
What do you two do, anyway? She's a cyclist, OK? We cycle, in groups.
According to this, they left a note deriding the zoo's owner, one Clarence Ferguson, as, amongst other things, a thief, a liar and a paedophile.
I do remember him! He does look like a paedophile.
That's a terrible label.
You can't judge people on their looks.
Richard, he's got a pedo-tache.
Hmm.
So we have juvenile offenders who effectively delivered the money to its intended destination.
Well, it's still theft.
OK, then.
Can you organise a meeting with Mr Ferguson? If you tell me her name.
Lisa, OK? Don't buy the smile.
Gillian Warden's getting five grand a day out of this.
What? She's not even a silk.
She knows Virginia will pay anything to get Max acquitted.
Let's hope Gillian can sleep at night when Max kills somebody else.
All rise.
The defendant may now enter.
Madam Crown, are you ready to begin the prosecution opening? I am, Your Honour.
If at any stage during these proceedings you require a short break due to your condition I'll keep that in mind.
Ladies and gentlemen of the jury, over the next few weeks, the defence will have you believe that Max Gardiner is a sweet, innocent child, incapable of committing the murder with which he's been charged.
Erin! Ari.
What are you doing here? Getting myself fired, probably.
I want to see Joanne.
I'm sorry.
Um, Joanne, she's She's just tried to kill herself.
Is she going to be OK? I don't know.
We're supposed to help people.
I have to get to the hospital.
I'll let you know what happens.
Ella, please stand and raise your right hand.
Your other hand, Ella.
Repeat these words after me.
I sincerely declare and affirm I sin Um Ella, do you know the difference between truth and lies? So if I said I was a grown-up, would that be true, or a lie? True.
Well done.
If I said I was Santa Claus, would that be true, or a lie? Your Honour, might I suggest you try another question? If I said I was a big bird? Lie.
Good girl.
In this courtroom, you may only speak the truth.
Do you understand? Your witness, Madam Crown.
Ella, can you tell me what happened after Max put his arm around Jake's neck? Ella, would you like me to ask the question again? Ella, you must answer the lady's questions.
Ella, what's your rabbit's name? Buster.
Does Buster know what happened to Jake? If I ask Buster the questions, could you answer for him? Your Honour, I object.
I'm more than willing to let certain rules slide in light of the witness's extreme youth, but to rely on a toy for evidence in chief examination? Your Honour, it is precisely due to the witness's extreme youth that I suggest this technique.
Might I also suggest that the reason the witness is reluctant to speak is due to the physical proximity of the accused.
Proceed with extreme caution, Madam Crown.
Buster, can you tell me what happened after Max put his arm around Jake's neck? Jake went a funny colour and hit Max lots.
And do you remember what happened next? Jake fell down.
And what did Max do? Buster, could you tell Ella that she needs to look at me.
He laughed.
Did Max say anything? Objection, Your Honour.
Leading the witness.
I'll rephrase.
Other than laughing, did Max do anything else? He said, 'Now I'm the butcher', and put a blanket on Jake.
Buster, what did Ella do when Max laughed? Ella was crying.
Why was Ella crying? Because Max said Buster, you can tell us.
It's OK.
Max said he'd hurt Ella like Jake if she told anyone.
Mr Ferguson, has any money been stolen before? Call me Clarry.
Just a few bucks here and there.
Till these little bastards.
Now you do know the accused gave the money to your specific charities anyway.
I don't give a flying proverbial.
They need a good whipping.
Punish the children who help the children by taking money from children meant for children.
Um, the police have informed us that they were willing to not authorise the brief, but you're determined to go ahead? Why wouldn't I? It could be argued that Bart and Jacinta Bailey were only taking back their property.
Come again? Apparently they made a wish every weekend for ten years, receiving nothing in return.
They wanted a pony.
What do I look like, a fairy godmother? It could be suggested that you're defrauding these children and their parents.
Defrauding, my arse.
I barely take a wage.
My wife and I live in a caravan at the zoo.
You're married? And all the money from that wishing well goes to charity.
I've got receipts.
For $10,000 a year.
Um, I've been working out the figures.
Your records indicate approximately 400 kids enter the petting zoo per weekend.
Would you say they all make wishes? Most.
So? Say they all give one dollar coins, that's 400 per weekend, 1,600 per month.
So roughly $20,000 dollars per year.
What's that got to do with it? Where's the extra $10,000 going? Tatum.
Have you heard of obtaining financial advantage by deception? I support a bloody orphanage, alright? In Thailand.
An orphanage? That wasn't in your original statement.
Well, I don't like to big-note myself.
So you can tell the cops and those little shits that I won't be backing down.
Someone's gotta stand up for needy kids.
I can't ask David to nolle the brief just because you don't like the victim.
Tell me he's not creepy.
He's a legitimate petting zoo entrepreneur who donates regularly to charity.
Who has a pedo-tache.
Not everyone can grow facial hair to your exacting standards.
Hey, where have you gone? I just can't fathom fratricide.
Is Tariq a shit? Absolutely.
Have I wanted to kill him? Many times.
I'd still like to meet him.
The way he's going you probably will one day, in the back of a paddy wagon.
Don't deflect.
I know you're having dinner with your family tomorrow night.
Why can't I come, too? Hmm? It's OK.
It's OK, it's Erin.
That's definitely Erin.
I'd better help her.
Don't you try and wiggle out of this one.
Ohh! You.
Me.
Your family.
Why not? I don't know.
They'll be driving back from the North Coast.
So they'll be really tired, and Are we out and proud or not? They will grill you for every detail of your life.
I'm very good in interrogations.
OK.
OK.
Seven o'clock, here.
I'm cooking.
Good.
I'll wear my 'meet the parents' shirt.
Never have I seen such disgraceful conduct, completely unbecoming an officer of the court.
Disappearing, turning off your phone when your group managing lawyer, namely me, is attempting to discover exactly where you've disappeared to.
You can imagine my delight when I discovered your impromptu visit to Benchley Correctional Centre.
How did you? If you paid any attention in the workplace, you'd know I have many contacts.
And for goodness sake, take off those ridiculous sunglasses! Ah, sorry to interrupt.
Erin, can I have a word? Joanne Mervich's appeal? An extra six years.
Well that explains the hangover.
The eye? Oh, a doorknob.
Was that before or after the dog ate your homework? I was running to the toilet to throw up.
I tripped and smacked my face on the doorknob.
Yes, I am a walking cliche.
Thanks for rescuing me.
Yeah, well, Tracey's right about one thing.
Hung-over on the job, Erin, it's not a good look.
I keep telling myself that.
How's the Gardiner trial? Awful.
If you need someone to talk to, I'll try not to throw up on you.
How about tonight? Are you free for dinner? Ah, no plans.
I'd like you to meet Ash.
Say thanks for all your support.
That'd be great.
Sorry, Janet.
That boy from Max's slave gang, Michael Griggs? He wants to pull out as a witness.
Dinner at Graceland.
Jealous? Absolutely.
I've been dying to get nailed by two hot lesbians.
You know, steel capped boots, a flannel shirt, will perfectly compliment that shiner.
Ah, this is why you don't get invited to Janet's house.
What exactly are you going to be bringing to the conversation, hmm? Janet's a scary smart woman, so you can double that with Mrs King.
I can hold my own, thank you.
Your child witness has been threatened.
Look, apparently all this week, someone's been leaving packages of dog excrement on their veranda.
So this someone knows Max made Michael eat dog shit? Then last night, Michael received numerous threatening emails, all anonymous, all alluding to Michael being strangled like Jake.
Typical Max.
Like the slave gang.
When anyone challenged his authority, he issued death threats.
You're assuming that Max sent those emails.
He's in a secure facility.
With internet access, however limited.
Our IT guys are trying to track the IP address down.
He forced kids to beat each other with sticks until they bled.
You think he's not smart enough to find a way? It's exactly why Michael's refusing to give evidence.
He's got no choice.
He's already been subpoenaed.
What do you think, Dylan? Put him in the witness box, he'll fall apart and lie.
Good.
The jury will see how terrified he is of Max.
Or they'll see a wanker lawyer forcing a traumatised child to give evidence.
Are you deliberately trying to lose this trial? I'm sorry.
That was uncalled for.
Yes, it was.
Tell Michael Griggs he can go home.
Better to get the information from an adult.
Who do we have? Um Jennifer Metham.
She taught Jake and Max in a composite class.
Alright, let's do this.
You look like you could use the sugar hit.
Little town in Norway.
Three kids making snow castles.
Two boys attacked the girl, leave her to die.
Six years old.
Silje Raedergard.
I remember.
The boys were treated as victims, too.
The parents and the community accepted responsibility, counselled the boys, sent them back to school.
Because the legal age of prosecution in Norway is 15.
Exactly.
Our system's absurd.
We lock a boy up when he's learning how to be a man then we're surprised when he comes out worse at the other end.
What if locking him up keeps us safe? Oh, send him to a shrink.
Get his head read.
Fix it before puberty hits.
You know, you are the first person to come up with some kind of solution.
I'll drink to that.
I might look like a hopeless drunk, but I know when one of my bottles goes missing.
Kids should be treated like kids.
Not fiddled with, not bashed, not murdered and not judged like bloody adults.
Tony Gillies.
Bleeding heart.
Piss off, Janet.
Give us a sniff.
A diversion program is better than juvie.
Writing a letter of apology's better than paying the money back.
You should take me to court every day.
Clearly, I'm your good luck charm.
We make a good team.
Creepy Clarry looked so pissed off with the judgement.
He was hoping for slow, painful death.
Well, I'm sure volunteering at the zoo will be painful enough for the twins.
Especially when they still think the zoo's ripping kids off.
No-one's enforcing the wishing well.
Parents still have to give consent by giving kids a coin to throw.
Do you really think all that money's going to charity? He is supporting an orphanage.
Yeah, in Thailand.
Do you know the baht exchange rate? What was the wish you made that didn't come true? It's not about that.
If Clarry Ferguson is keeping some, if not all, of this money, then he's obtaining financial advantage by deception.
Even if elements of that charge were present, he could explain the discrepancy away as petting zoo running costs.
Why don't you believe he's dodgy? Because your opinion's based on his moustache.
Let it go, Tates.
What do you think? Is your Xena costume in the wash? I'm trying to be casual.
And Janet will be in no way insulted by your attempt at lesbian dress sense.
I choose to ignore those words because I know you're nervous about tonight.
Not nervous.
I'm shitting myself.
It's a big difference.
Your parents are cool.
They'll behave.
Who knows, they might even like him.
What do you think? Ah, Alice in Wonderland meets Jimi Hendrix.
With with a black eye.
Hey! Hey! You're a good Muslim tonight, remember? I'm saving you from yourself.
I'm surprised you can even look at alcohol.
It's medicinal.
I'm nervous.
It'll be fine.
Relax.
I'll put these back in the fridge.
Maybe I should call her.
Is she usually late? No, stop.
No work tonight.
Here she is.
Finally.
Oh, um, maybe don't mention the black eye.
Oh, OK.
Erin, hi.
Hi.
Mwah.
I would like you to meet Ash.
Lovely to meet you.
Thank you so much for inviting me.
Sorry, you're not what I expected.
Wow, that was incredibly rude.
Everyone assumes Janet's married to someone who looks like Lucy Lawless.
I gave up being insulted a long time ago.
I'm so sorry I'm late.
I got caught up.
Tariq, hey.
And Salwa.
I I wasn't expecting you.
You look Ah, you look different.
I'll take that as a compliment.
Ah, where are Mum and Dad? Late.
They told me to get here first.
G'day, mate.
I'm Andy.
Ah, I don't speak Arabic.
And this is Salwa.
Nice to meet you.
No wonder you didn't go for Mustafa.
What's to eat? I'm starving.
Amazing she was allowed out on a school night.
School night? Year 11.
Welcome to the family.
So how did you two meet? Mutual friends, actually.
Janet was at Oxford with my friend Tim from Magister Juris.
Are you a Rhodes scholar? Anyway, back in Sydney, Tim kept on talking about his amazing friend Janet who he was sure I would like.
She loves telling this story.
And then about ten years ago, Janet lived in Berlin for a few months, and Tim suggested I visit.
I got off the plane.
I was all jetlagged and bleary-eyed.
You were perfect.
That's really romantic.
I backpacked around Europe, just after school.
We went to Berlin.
I remember the big pretzels and the stein glasses.
I might just Sure.
Well, where are you? Flat battery? Mum, are you OK? Well, how long will you be? No, well I bought all this food and Yes, Tariq and Salwa are here.
No, she's not a nice girl.
Where do you get off criticising my girlfriend? OK, yeah, yeah.
I'll make sure Andy knows.
Yeah, yeah, another time.
OK, bye.
You've been an absolute jerk to Andy.
Don't expect me to play nice with your little Lolita.
You don't know anything about her.
Her dad's a doctor.
She comes from a good family.
Who don't know she dresses and acts like a porn star.
She's studying hard.
What, pole dancing? Four-unit math and biology.
FYI, I'm doing my HSC early.
I guess that makes her smarter than you.
Can you give us a minute, Salwa? No.
I want her to hear this.
I don't do family dramas.
I have enough of my own.
I'm telling you to stay here.
Nice try, habibi.
I'll go wait in the car.
So, perfect Muslim girlfriend, right? Like you can talk.
Your boyfriend's a cop.
So? He was in the Middle Eastern Taskforce.
Didn't want to tell me? Well, unless you're planning a jihad, I don't see why it matters.
Is everything OK? No.
You're not right for my sister.
What? With respect, that's not your decision, mate.
She doesn't even know what's good for her.
Oh, where did you get all this sexist bullshit from? I'm out of here.
Well, Dad would kick your arse if he heard you! I would run for the hills while you can.
I don't think so.
Just starting to get interesting.
And we've got a lot of food to get through.
You two are so happy.
I wish I was as happy as you.
Is it a lesbian thing? Maybe I should jump the fence.
Erin, I know you've had some bad experiences You've got no idea.
You know I kissed Rhys.
That was smart.
Don't get me started on Ben.
And Jimmy.
You know, I tried to make it work.
You dated Jimmy Butcher? Turns out if I'm not plastered, I'm not interested.
Sad, frigid Erin.
Um, how about I make you a cup of tea instead, hey? You're so nice to me.
I'm sorry I leaked the file.
What? Jimmy told me last week.
It was my fault.
When I took him to the office at the Christmas party, he knew it was there.
Thank you for a lovely dinner.
Can I just use your bathroom? Sure.
It's down the hall, next to the nursery.
You have to tell David.
Erin.
Erin! It's 6:30.
I've called you a taxi.
It's waiting outside.
Erin.
Janet, I'm so sorry.
The DPP carries Tony because he's earned the right.
They won't carry you.
I thought your bad I thought your bad decisions were directly related to the Mervich trial, but they're not.
You are a smart, compassionate, beautiful woman, and you are destroying yourself.
And if what you told us last night about Jimmy is true, you can't be held responsible for leaking that file.
He took advantage of you.
In law, being drunk isn't an excuse.
You're still responsible for your actions.
Then be responsible.
You want to fight for victims, protect people who can't protect themselves? The Erin I know can do that.
But that Erin, she's slipping away and you're letting her go.
Can you please apologise to Ash for me? You can do it yourself, next time you see her.
Morning.
You ready? I don't know if I want to hear Sean Gardiner describe his son's dead body.
Janet, I'm sorry I won't make it to court with you today.
Obviously good luck.
How long until this new murder crosses our desks? Actually, it's an internal matter.
It's a police shooting.
Do they know who? Not yet.
Ah, my apologies again.
Ah, Dylan.
Can you please let me know when you find out? I really You're dating Andrew Campbell, I know.
I will text you as soon as I know more.
Ready? Can you describe some of the injuries you saw Jake and Ella sustain before the day in question? They were always covered in mysterious bruises.
Jake had a broken wrist after skateboarding with Max.
Ella said that Max pushed her head under the water in the pool, held her there.
Did you confront Max? Yes.
He said they were playing.
What was your response? Well, I knew this wasn't normal.
Everything about Max felt wrong.
I mean, even when he was a baby Objection, Your Honour.
Mr Gardiner, if you could restrict yourself to facts, rather than emotions and opinions.
Was there a specific act you witnessed which led you to this conclusion? Ah, we bought the kids rabbits one Easter.
I was watching Max playing with them outside.
The phone rang, I went inside to answer it.
When I hung up, Max came in and said the rabbits had escaped onto the road and died.
Mr Gardiner, I'd like to take you back to the day Jake died.
What were you doing at approximately 12:30pm? Playing tennis, with my wife at home.
The kids were inside.
And what happened when you finished playing tennis? We went back to the house.
It was really quiet.
That doesn't happen with three kids, so um, well, I called out but they didn't answer.
Virg went to have a shower.
I felt there was something wrong, so I went to Ella's room.
She wasn't there, so I went into the front yard.
What did you see? A shape, on the ground, under a blanket.
I thought, oh, Jake's playing hide-and-seek, so I went over to tickle him.
And he he wasn't pretending.
His body was cold, and his lips.
I knew he was dead.
So, I, um, I got up and I went to Max's room.
He was just sitting there, doing his homework.
I didn't mean to hurt him! You're lying.
Max! Big Smiles Orphanage.
Thanks, Rob.
You're awesome.
Chok dee ka.
What are you doing on my phone? OK.
So you know my friend Lindsey? She did three weeks training at a Muay Thai camp last year Muay what? Thai kickboxing.
Keep up.
Anyway, at the camp, she met Elisabetta from Sweden, who's Facebook friends with Canadian Rob, who lives at a camp in Chiang Mai.
Exactly how many friends are in your social network? So I became Facebook friends with Rob, who's really hot, by the way.
I've been researching this orphanage.
Apparently legit.
Creepy Clarry flies over there twice a year to fund the place.
Twice a year for six weeks.
Tatum, we have hundreds of other briefs.
So I rang Rob to get him to check the place out.
You can't use my phone to call Thailand! Oh no, please, feel free.
Ah, it's the apology letter Jacinta and Bart Bailey wrote.
Why is the defence copying you in? Hi Richard, I thought you'd appreciate what my clients wrote.
I'm advising them to have another go.
Dear Mr Ferguson, we're sorry you're such a lying, stealing paedophile.
I hope it's worth ripping off innocent children.
See? They're on my side.
You've reached Detective Sergeant Andy Campbell.
Please leave your name and number.
Ah, Andy, it's me again.
Um, I heard there's been a shooting, so I'm just I'm a little bit worried.
I know you're probably fine.
Just call me back, OK? The officer who was shot was on Andy's taskforce.
I don't know who yet.
Sorry.
It won't be him.
Just leave your phone on.
It's time to go back in.
Janet, I can't Lina, this is our last witness, and then you can go.
Dr Spindler, what was your conclusion as to the cause of death? Jake's death was caused by manual asphyxiation due to a tracheal choke.
What pathological signs led to this conclusion? Strangulation results in blunt force injury of the tissue of the neck.
Externally, there was bruising caused by fingernail marks.
How is this possible, given the nature of Jake's death? Well, contrary to popular belief, fingernail marks are not caused by the assailant, but by the victim trying to pry the pressure from their neck.
May I direct the jury's attention to Exhibit P25? Visually, were there any other external signs? Well, even in the photo, you can quite clearly see petechiae.
Pinpoint haemorrhages of the skin of the eyelid and conjuctiva of the eye itself.
And was this evidence enough to suggest asphyxiation? Not in isolation, no.
It was during the internal examination of the neck that I discovered fractures to Jake's laryngeal skeleton Excuse me.
Miss Badir, what exactly are you doing? Ah, for forgive me, Your Honour.
Um A pressing matter.
What matter? Madam Crown, perhaps you'd care to explain this unprofessional behaviour.
I apologise, Your Honour.
My colleague's been unwell all morning.
Well, I trust you have a spare solicitor? Erin O'Shaughnessy for the Crown, Your Honour.
And are you also suffering from Ms Badir's sudden illness? No, Your Honour.
And the, um I'm fit to be here.
OK, Sit down.
To summarise your evidence, it would have taken medium to severe force on Jake's neck to cause the level of tissue damage and structural damage to the larynx.
Yes.
It's also clear by the fingernail marks on Jake's neck, and the DNA skin scrapings from under Jake's nails that he fought against his brother.
Yes.
You've stated that in your experience, anyone undergoing asphyxia develops air hunger.
They fight.
They gasp as the brain is starved of oxygen.
Correct.
In your expert opinion, how long did it take for Jake to die? Unconsciousness would have occurred in ten to fifteen seconds.
If neck pressure was constant, death may have only taken up to a minute.
No further questions, Your Honour.
Mrs Warden? Dr Spindler, as a forensic pathologist, you would have seen a great number of murder victims, correct? Yes.
In your autopsy report, did you consider the manner of death to be a homicide? Strangulation is a deliberate act.
Mm.
However, given the circumstances of the death and the ages of children involved there Simple answer, please.
Did you consider this death to be a homicide? No.
Thank you.
No further questions.
Any re-examination, Madam Crown? Ah, no, Your Honour.
That is the case for the prosecution.
Thank you, Doctor Spindler.
I suggest a brief recess before the case for the defence.
Awesome.
Thank you so much.
Bye.
Richard! Rob got back to me.
Muay Thai Rob? You know Oh, the hot one? And? He found the orphanage.
All above board, but run by a woman calling herself Mrs Penpat Ferguson.
Clarry has a Thai wife, too? And two little half Thai Fergusons.
He uses the money from the wishing well to visit his secret family.
So despite the moustache, he's not a paedophile.
I'm occasionally wrong on the details, yes, but he is a jerk.
Yeah, well, a jerk facing charges of obtaining financial advantage by deception, I imagine.
And bigamy.
Alright, you win.
You were right to sleuth.
I think this victory deserves a particularly large drink.
Your shout, tonight.
Conrad's out, so it's just you and me.
Tonight is, um, tricky.
What? You never have plans.
Bike girl.
Tomorrow night, me and my wallet, all yours.
Alright.
Dylan, it's Lina.
Um, I'm at the police station, but they won't tell me anything.
Look, I understand police procedure.
I just I need to know if he's OK.
Can you um, can't you pull some strings, or Just call me back, please.
All stand.
Mrs Warden, is the defence ready to proceed? Your Honour, before we do, there is a matter which ought to be raised in the absence of the jury.
What's she doing? Members of the jury, you will be called back after a brief recess.
Your Honour, I was frankly surprised when the Crown's case made it through committal.
With no disrespect meant to my learned friend, the past few days have clarified this view.
The defence has no case to answer.
The threshold issue here is the presumption of doli incapax, a presumption the Crown has failed to rebut.
I quite agree.
Your Honour, I must protest.
The Crown's case is clear.
Clear that Max Gardiner is not a very nice little boy, that he is a bully and undoubtedly requires counselling to correct his behaviour.
Well then, Your Honour must see the value in running this trial.
The Crown has the right to cross-examine the defence witnesses to further rebut the doli incapax presumption.
If the Crown's evidence has not proven that Max Gardiner knew what he was doing was seriously wrong when he put his arm around his brother's neck, then no amount of cross-examination will.
Bring in the jury.
Frankly, I'm disgusted.
The DPP bringing a case like this before the courts is an abuse of process.
Members of the jury, as a matter of law, I have concluded that the evidence given by the Crown could not establish the essential ingredients of the offence of murder by an accused who is 11 years of age.
The verdict must come from you, as the jury, but you have no choice in the matter because of my ruling in law.
You'll not need to retire to consider your verdict.
I shall simply say to the foreperson of the jury, do you, in accordance with my direction, find the accused not guilty of murder? The answer will be yes.
Mr Foreperson do you, in accordance with my direction, find the accused not guilty of murder? Yes, Your Honour.
Oh, God! Thank you.
Mrs Gardiner It's outrageous.
How could he throw the trial out before the defence even started? It's at his discretion.
You know the law.
It's like tofu.
It can be whatever you want.
It's not worth appealing his direction to acquit? So, Max just walks.
Whether Max was convicted or not, it's a life sentence for that family.
Every day, Virginia will wonder if her son's a monster, if Ella will ever be safe, if her marriage can ever be repaired.
You've reached Detective Sergeant Andy Campbell.
Please leave your name and number.
Lina.
You're here.
Dylan told me someone had died and then those arseholes at the station wouldn't tell me anything, and I thought I thought you were I was so I was so worried.
You're going to get like a thousand voice messages.
You're OK.
No, I'm not OK.
We were trying to make an arrest.
We'd been working up to it for weeks and these guys took off.
Drove away.
So we followed, and we blocked them in this alleyway, either side of their car, and And then they started shooting, so we shot back.
And then she was just just lying there on the ground, bleeding.
We drove to the hospital.
I was holding her up, but She was just doing her job.
Were you friends? I just saw her around, said hi.
She's got kids.
Hey, you don't know for sure it was from your gun.
The ballistics report I know.
I killed her, Lina.
Unexpected end, I hear.
Very.
Are you relieved? I'm tired.
Not long now.
Yeah, I'm starting to think they're safer where they are.
My wife used to say the same thing, every pregnancy.
I read your closing.
Brilliant work.
A shame nobody got to hear it.
David.
How do you cope? Having to go home to your wife and children after everything we see? That's how I cope.
Go home, Janet.
We'd like to speak to you about a statement you made concerning a serious assault here in the prison yard at Benchley.
When you were out of the room, Lucas reached undfer the table.
Don't you know that's my father? Let go of me or you're fucking dead.
You what? Nicholas Quinn died early this morning.
You killed him, David.
So, does this mean the file investigation's finally over? A mate of mine saw the ballistics report.
It was my gun.
Closed Captions by CSI, MemoryOnSmells
Most people would have taken that risk.
Most people haven't been treated like dogs.
On the charge of murder, how say you? We find the accused, Joanne Mervich, guilty of the charge of murder.
No.
Hey! Use your brain, you moron.
And watch out for pedestrians! I just wanted to give you these.
Thank you.
I really am sorry.
Uh, Richard.
I'm Lisa.
Salwa? My girlfriend.
Good Muslim girl, then? Yeah, of course.
Hi, sweetie! Oh! Um, nice to meet you, Salwa.
Mummy, please.
Mr Gardiner.
Your Honour cannot force Mrs Gardiner to give evidence.
It's unconscionable and it's unfair to the witness.
Max, I'm coming.
Mrs Gardiner! Remain in the witness box.
Secure her! I want to go home now! Get out of my way! They will attempt to persuade you that Max is an unlucky boy who accidentally caused the tragic death of his little brother, Jake Gardiner.
Nine years old.
They'll argue that Max has suffered enough, that he should not be facing trial for a game that went wrong.
It's difficult to look at Max in the dock and not feel shocked and upset.
The defence will appeal to your emotions.
They'll be manipulated.
You'll be asked to use those emotions to find Max not guilty of murder.
But you must remember that emotions have no place in this courtroom.
Facts.
Evidence.
Head, not heart.
Cool intellect, not sentiment.
Save your empathy for the victim.
Come to rescue me from the scourge of public opinion? 'Innocence Lost.
DPP a disgrace.
' 'The controversial decision to prosecute an eleven-year-old boy for murder can be placed firmly and solely at the feet of Director, David Sinclair, for his hubris and contempt for the public's best interest.
' 'In your summary, you and all your colleagues who besmirch the noble profession of journalism with your smear campaigns dressed up as public interest can go fuck yourselves.
' I understand your Max Gardiner jury is full of parents.
Yeah, well, I managed to get two young, childless men.
Gillian Warden fought everyone I wanted to empanel.
Well, Virginia Gardiner cuts a sympathetic figure.
Speaking of which, Joanne Mervich is appealing her sentence today.
Lucky Erin.
Mervich is the gift that keeps on giving.
An interesting day all round.
Once more unto the breach.
This is where you pump me for information about my judge and your bail application.
No, I wouldn't want you to compromise yourself.
That's it.
Not even one sexual innuendo.
I even said pump.
Well, think of it as a new leaf.
Ben McMahon, commitment man.
Why not? I'm serious about you.
Is that a problem? It's just unexpected.
I like it.
Stay out of it, Erin.
You're trying too hard.
And this is your business how? She'll figure it out.
Just tell her the truth.
Yeah, I'd take that advice if your love life wasn't so pathetic.
Ready for the last hurrah of the boltcutter babes? Let's get this over with.
Your Honour, as you will have read in our submission, it is our view that His Honour, Justice Rosenberg, erred by not taking into account my client's mitigating circumstances.
It was clear from both the defence and the Crown's psychiatrists that my client suffered from battered woman syndrome, a sub-category of post-traumatic stress disorder, the symptoms of which have increased exponentially during my client's incarceration.
We regard the original sentence as manifestly unjust.
Mr Crown, do you have anything to add? Only that the appeal is not based on a failing of police procedure, nor a point of law.
There is no fresh evidence, and it is the Crown's view that Ms Mervich received a fair trial.
Mr Badrossian, I hope that you have advised your client that an appeal not only has the power to decrease the sentence given, but also to increase it.
I have, Your Honour.
And your client wishes to proceed? I do.
Yes, Your Honour.
I hope your client is aware that, without making any conclusions yet, one may regard the sentence given as lenient? If I may have a moment, Your Honour, to confer with my client? It may be in your best interests not to proceed.
I can't stay in that jail.
Please, I want to continue.
Very well.
I have considered the arguments and the evidence submissions and I am ready to pass judgement.
Your Honour, if I may, I'd like to make it clear the Crown was content with the sentence as given.
Thank you, Mr Crown, but I am not.
I regard the original sentence of ten years' incarceration as manifestly inadequate.
Inadequate? What? I substitute the following sentence.
On the count of murder Please.
That the appellant serve Please.
16 years imprisonment with a non-parole period of 14 years.
Remove the prisoner.
Help me, Erin! Erin! Erin! Erin! Erin! Joanne knew an increase in sentence was a risk.
She'll have the next 16 years of her life to think about that.
How did she know my name? I don't know.
Tell Tracey I'll be back soon.
Erin.
I don't think a drink'll help.
Four words, my friend.
Petting zoo, wishing well, theft.
That's five words.
Bide A While Petting Zoo.
What are you doing that's so important? Bail applications with Justice Morgan.
Julie's new judge? Yep.
Hey, my Dad used to take me to this place.
I put money in that pond.
Bart and Jacinta broke into the Bide A While Petting Zoo at around midnight, they made their way to the wishing well and stole an estimated $10,000 in small change using a wheelbarrow.
Dividing the money between five children's charities? Robin Hood complex.
You've got like 30 files.
I'd be happy to offer my help.
What do you want? The identity of this mysterious friend you've been hiding.
What do you two do, anyway? She's a cyclist, OK? We cycle, in groups.
According to this, they left a note deriding the zoo's owner, one Clarence Ferguson, as, amongst other things, a thief, a liar and a paedophile.
I do remember him! He does look like a paedophile.
That's a terrible label.
You can't judge people on their looks.
Richard, he's got a pedo-tache.
Hmm.
So we have juvenile offenders who effectively delivered the money to its intended destination.
Well, it's still theft.
OK, then.
Can you organise a meeting with Mr Ferguson? If you tell me her name.
Lisa, OK? Don't buy the smile.
Gillian Warden's getting five grand a day out of this.
What? She's not even a silk.
She knows Virginia will pay anything to get Max acquitted.
Let's hope Gillian can sleep at night when Max kills somebody else.
All rise.
The defendant may now enter.
Madam Crown, are you ready to begin the prosecution opening? I am, Your Honour.
If at any stage during these proceedings you require a short break due to your condition I'll keep that in mind.
Ladies and gentlemen of the jury, over the next few weeks, the defence will have you believe that Max Gardiner is a sweet, innocent child, incapable of committing the murder with which he's been charged.
Erin! Ari.
What are you doing here? Getting myself fired, probably.
I want to see Joanne.
I'm sorry.
Um, Joanne, she's She's just tried to kill herself.
Is she going to be OK? I don't know.
We're supposed to help people.
I have to get to the hospital.
I'll let you know what happens.
Ella, please stand and raise your right hand.
Your other hand, Ella.
Repeat these words after me.
I sincerely declare and affirm I sin Um Ella, do you know the difference between truth and lies? So if I said I was a grown-up, would that be true, or a lie? True.
Well done.
If I said I was Santa Claus, would that be true, or a lie? Your Honour, might I suggest you try another question? If I said I was a big bird? Lie.
Good girl.
In this courtroom, you may only speak the truth.
Do you understand? Your witness, Madam Crown.
Ella, can you tell me what happened after Max put his arm around Jake's neck? Ella, would you like me to ask the question again? Ella, you must answer the lady's questions.
Ella, what's your rabbit's name? Buster.
Does Buster know what happened to Jake? If I ask Buster the questions, could you answer for him? Your Honour, I object.
I'm more than willing to let certain rules slide in light of the witness's extreme youth, but to rely on a toy for evidence in chief examination? Your Honour, it is precisely due to the witness's extreme youth that I suggest this technique.
Might I also suggest that the reason the witness is reluctant to speak is due to the physical proximity of the accused.
Proceed with extreme caution, Madam Crown.
Buster, can you tell me what happened after Max put his arm around Jake's neck? Jake went a funny colour and hit Max lots.
And do you remember what happened next? Jake fell down.
And what did Max do? Buster, could you tell Ella that she needs to look at me.
He laughed.
Did Max say anything? Objection, Your Honour.
Leading the witness.
I'll rephrase.
Other than laughing, did Max do anything else? He said, 'Now I'm the butcher', and put a blanket on Jake.
Buster, what did Ella do when Max laughed? Ella was crying.
Why was Ella crying? Because Max said Buster, you can tell us.
It's OK.
Max said he'd hurt Ella like Jake if she told anyone.
Mr Ferguson, has any money been stolen before? Call me Clarry.
Just a few bucks here and there.
Till these little bastards.
Now you do know the accused gave the money to your specific charities anyway.
I don't give a flying proverbial.
They need a good whipping.
Punish the children who help the children by taking money from children meant for children.
Um, the police have informed us that they were willing to not authorise the brief, but you're determined to go ahead? Why wouldn't I? It could be argued that Bart and Jacinta Bailey were only taking back their property.
Come again? Apparently they made a wish every weekend for ten years, receiving nothing in return.
They wanted a pony.
What do I look like, a fairy godmother? It could be suggested that you're defrauding these children and their parents.
Defrauding, my arse.
I barely take a wage.
My wife and I live in a caravan at the zoo.
You're married? And all the money from that wishing well goes to charity.
I've got receipts.
For $10,000 a year.
Um, I've been working out the figures.
Your records indicate approximately 400 kids enter the petting zoo per weekend.
Would you say they all make wishes? Most.
So? Say they all give one dollar coins, that's 400 per weekend, 1,600 per month.
So roughly $20,000 dollars per year.
What's that got to do with it? Where's the extra $10,000 going? Tatum.
Have you heard of obtaining financial advantage by deception? I support a bloody orphanage, alright? In Thailand.
An orphanage? That wasn't in your original statement.
Well, I don't like to big-note myself.
So you can tell the cops and those little shits that I won't be backing down.
Someone's gotta stand up for needy kids.
I can't ask David to nolle the brief just because you don't like the victim.
Tell me he's not creepy.
He's a legitimate petting zoo entrepreneur who donates regularly to charity.
Who has a pedo-tache.
Not everyone can grow facial hair to your exacting standards.
Hey, where have you gone? I just can't fathom fratricide.
Is Tariq a shit? Absolutely.
Have I wanted to kill him? Many times.
I'd still like to meet him.
The way he's going you probably will one day, in the back of a paddy wagon.
Don't deflect.
I know you're having dinner with your family tomorrow night.
Why can't I come, too? Hmm? It's OK.
It's OK, it's Erin.
That's definitely Erin.
I'd better help her.
Don't you try and wiggle out of this one.
Ohh! You.
Me.
Your family.
Why not? I don't know.
They'll be driving back from the North Coast.
So they'll be really tired, and Are we out and proud or not? They will grill you for every detail of your life.
I'm very good in interrogations.
OK.
OK.
Seven o'clock, here.
I'm cooking.
Good.
I'll wear my 'meet the parents' shirt.
Never have I seen such disgraceful conduct, completely unbecoming an officer of the court.
Disappearing, turning off your phone when your group managing lawyer, namely me, is attempting to discover exactly where you've disappeared to.
You can imagine my delight when I discovered your impromptu visit to Benchley Correctional Centre.
How did you? If you paid any attention in the workplace, you'd know I have many contacts.
And for goodness sake, take off those ridiculous sunglasses! Ah, sorry to interrupt.
Erin, can I have a word? Joanne Mervich's appeal? An extra six years.
Well that explains the hangover.
The eye? Oh, a doorknob.
Was that before or after the dog ate your homework? I was running to the toilet to throw up.
I tripped and smacked my face on the doorknob.
Yes, I am a walking cliche.
Thanks for rescuing me.
Yeah, well, Tracey's right about one thing.
Hung-over on the job, Erin, it's not a good look.
I keep telling myself that.
How's the Gardiner trial? Awful.
If you need someone to talk to, I'll try not to throw up on you.
How about tonight? Are you free for dinner? Ah, no plans.
I'd like you to meet Ash.
Say thanks for all your support.
That'd be great.
Sorry, Janet.
That boy from Max's slave gang, Michael Griggs? He wants to pull out as a witness.
Dinner at Graceland.
Jealous? Absolutely.
I've been dying to get nailed by two hot lesbians.
You know, steel capped boots, a flannel shirt, will perfectly compliment that shiner.
Ah, this is why you don't get invited to Janet's house.
What exactly are you going to be bringing to the conversation, hmm? Janet's a scary smart woman, so you can double that with Mrs King.
I can hold my own, thank you.
Your child witness has been threatened.
Look, apparently all this week, someone's been leaving packages of dog excrement on their veranda.
So this someone knows Max made Michael eat dog shit? Then last night, Michael received numerous threatening emails, all anonymous, all alluding to Michael being strangled like Jake.
Typical Max.
Like the slave gang.
When anyone challenged his authority, he issued death threats.
You're assuming that Max sent those emails.
He's in a secure facility.
With internet access, however limited.
Our IT guys are trying to track the IP address down.
He forced kids to beat each other with sticks until they bled.
You think he's not smart enough to find a way? It's exactly why Michael's refusing to give evidence.
He's got no choice.
He's already been subpoenaed.
What do you think, Dylan? Put him in the witness box, he'll fall apart and lie.
Good.
The jury will see how terrified he is of Max.
Or they'll see a wanker lawyer forcing a traumatised child to give evidence.
Are you deliberately trying to lose this trial? I'm sorry.
That was uncalled for.
Yes, it was.
Tell Michael Griggs he can go home.
Better to get the information from an adult.
Who do we have? Um Jennifer Metham.
She taught Jake and Max in a composite class.
Alright, let's do this.
You look like you could use the sugar hit.
Little town in Norway.
Three kids making snow castles.
Two boys attacked the girl, leave her to die.
Six years old.
Silje Raedergard.
I remember.
The boys were treated as victims, too.
The parents and the community accepted responsibility, counselled the boys, sent them back to school.
Because the legal age of prosecution in Norway is 15.
Exactly.
Our system's absurd.
We lock a boy up when he's learning how to be a man then we're surprised when he comes out worse at the other end.
What if locking him up keeps us safe? Oh, send him to a shrink.
Get his head read.
Fix it before puberty hits.
You know, you are the first person to come up with some kind of solution.
I'll drink to that.
I might look like a hopeless drunk, but I know when one of my bottles goes missing.
Kids should be treated like kids.
Not fiddled with, not bashed, not murdered and not judged like bloody adults.
Tony Gillies.
Bleeding heart.
Piss off, Janet.
Give us a sniff.
A diversion program is better than juvie.
Writing a letter of apology's better than paying the money back.
You should take me to court every day.
Clearly, I'm your good luck charm.
We make a good team.
Creepy Clarry looked so pissed off with the judgement.
He was hoping for slow, painful death.
Well, I'm sure volunteering at the zoo will be painful enough for the twins.
Especially when they still think the zoo's ripping kids off.
No-one's enforcing the wishing well.
Parents still have to give consent by giving kids a coin to throw.
Do you really think all that money's going to charity? He is supporting an orphanage.
Yeah, in Thailand.
Do you know the baht exchange rate? What was the wish you made that didn't come true? It's not about that.
If Clarry Ferguson is keeping some, if not all, of this money, then he's obtaining financial advantage by deception.
Even if elements of that charge were present, he could explain the discrepancy away as petting zoo running costs.
Why don't you believe he's dodgy? Because your opinion's based on his moustache.
Let it go, Tates.
What do you think? Is your Xena costume in the wash? I'm trying to be casual.
And Janet will be in no way insulted by your attempt at lesbian dress sense.
I choose to ignore those words because I know you're nervous about tonight.
Not nervous.
I'm shitting myself.
It's a big difference.
Your parents are cool.
They'll behave.
Who knows, they might even like him.
What do you think? Ah, Alice in Wonderland meets Jimi Hendrix.
With with a black eye.
Hey! Hey! You're a good Muslim tonight, remember? I'm saving you from yourself.
I'm surprised you can even look at alcohol.
It's medicinal.
I'm nervous.
It'll be fine.
Relax.
I'll put these back in the fridge.
Maybe I should call her.
Is she usually late? No, stop.
No work tonight.
Here she is.
Finally.
Oh, um, maybe don't mention the black eye.
Oh, OK.
Erin, hi.
Hi.
Mwah.
I would like you to meet Ash.
Lovely to meet you.
Thank you so much for inviting me.
Sorry, you're not what I expected.
Wow, that was incredibly rude.
Everyone assumes Janet's married to someone who looks like Lucy Lawless.
I gave up being insulted a long time ago.
I'm so sorry I'm late.
I got caught up.
Tariq, hey.
And Salwa.
I I wasn't expecting you.
You look Ah, you look different.
I'll take that as a compliment.
Ah, where are Mum and Dad? Late.
They told me to get here first.
G'day, mate.
I'm Andy.
Ah, I don't speak Arabic.
And this is Salwa.
Nice to meet you.
No wonder you didn't go for Mustafa.
What's to eat? I'm starving.
Amazing she was allowed out on a school night.
School night? Year 11.
Welcome to the family.
So how did you two meet? Mutual friends, actually.
Janet was at Oxford with my friend Tim from Magister Juris.
Are you a Rhodes scholar? Anyway, back in Sydney, Tim kept on talking about his amazing friend Janet who he was sure I would like.
She loves telling this story.
And then about ten years ago, Janet lived in Berlin for a few months, and Tim suggested I visit.
I got off the plane.
I was all jetlagged and bleary-eyed.
You were perfect.
That's really romantic.
I backpacked around Europe, just after school.
We went to Berlin.
I remember the big pretzels and the stein glasses.
I might just Sure.
Well, where are you? Flat battery? Mum, are you OK? Well, how long will you be? No, well I bought all this food and Yes, Tariq and Salwa are here.
No, she's not a nice girl.
Where do you get off criticising my girlfriend? OK, yeah, yeah.
I'll make sure Andy knows.
Yeah, yeah, another time.
OK, bye.
You've been an absolute jerk to Andy.
Don't expect me to play nice with your little Lolita.
You don't know anything about her.
Her dad's a doctor.
She comes from a good family.
Who don't know she dresses and acts like a porn star.
She's studying hard.
What, pole dancing? Four-unit math and biology.
FYI, I'm doing my HSC early.
I guess that makes her smarter than you.
Can you give us a minute, Salwa? No.
I want her to hear this.
I don't do family dramas.
I have enough of my own.
I'm telling you to stay here.
Nice try, habibi.
I'll go wait in the car.
So, perfect Muslim girlfriend, right? Like you can talk.
Your boyfriend's a cop.
So? He was in the Middle Eastern Taskforce.
Didn't want to tell me? Well, unless you're planning a jihad, I don't see why it matters.
Is everything OK? No.
You're not right for my sister.
What? With respect, that's not your decision, mate.
She doesn't even know what's good for her.
Oh, where did you get all this sexist bullshit from? I'm out of here.
Well, Dad would kick your arse if he heard you! I would run for the hills while you can.
I don't think so.
Just starting to get interesting.
And we've got a lot of food to get through.
You two are so happy.
I wish I was as happy as you.
Is it a lesbian thing? Maybe I should jump the fence.
Erin, I know you've had some bad experiences You've got no idea.
You know I kissed Rhys.
That was smart.
Don't get me started on Ben.
And Jimmy.
You know, I tried to make it work.
You dated Jimmy Butcher? Turns out if I'm not plastered, I'm not interested.
Sad, frigid Erin.
Um, how about I make you a cup of tea instead, hey? You're so nice to me.
I'm sorry I leaked the file.
What? Jimmy told me last week.
It was my fault.
When I took him to the office at the Christmas party, he knew it was there.
Thank you for a lovely dinner.
Can I just use your bathroom? Sure.
It's down the hall, next to the nursery.
You have to tell David.
Erin.
Erin! It's 6:30.
I've called you a taxi.
It's waiting outside.
Erin.
Janet, I'm so sorry.
The DPP carries Tony because he's earned the right.
They won't carry you.
I thought your bad I thought your bad decisions were directly related to the Mervich trial, but they're not.
You are a smart, compassionate, beautiful woman, and you are destroying yourself.
And if what you told us last night about Jimmy is true, you can't be held responsible for leaking that file.
He took advantage of you.
In law, being drunk isn't an excuse.
You're still responsible for your actions.
Then be responsible.
You want to fight for victims, protect people who can't protect themselves? The Erin I know can do that.
But that Erin, she's slipping away and you're letting her go.
Can you please apologise to Ash for me? You can do it yourself, next time you see her.
Morning.
You ready? I don't know if I want to hear Sean Gardiner describe his son's dead body.
Janet, I'm sorry I won't make it to court with you today.
Obviously good luck.
How long until this new murder crosses our desks? Actually, it's an internal matter.
It's a police shooting.
Do they know who? Not yet.
Ah, my apologies again.
Ah, Dylan.
Can you please let me know when you find out? I really You're dating Andrew Campbell, I know.
I will text you as soon as I know more.
Ready? Can you describe some of the injuries you saw Jake and Ella sustain before the day in question? They were always covered in mysterious bruises.
Jake had a broken wrist after skateboarding with Max.
Ella said that Max pushed her head under the water in the pool, held her there.
Did you confront Max? Yes.
He said they were playing.
What was your response? Well, I knew this wasn't normal.
Everything about Max felt wrong.
I mean, even when he was a baby Objection, Your Honour.
Mr Gardiner, if you could restrict yourself to facts, rather than emotions and opinions.
Was there a specific act you witnessed which led you to this conclusion? Ah, we bought the kids rabbits one Easter.
I was watching Max playing with them outside.
The phone rang, I went inside to answer it.
When I hung up, Max came in and said the rabbits had escaped onto the road and died.
Mr Gardiner, I'd like to take you back to the day Jake died.
What were you doing at approximately 12:30pm? Playing tennis, with my wife at home.
The kids were inside.
And what happened when you finished playing tennis? We went back to the house.
It was really quiet.
That doesn't happen with three kids, so um, well, I called out but they didn't answer.
Virg went to have a shower.
I felt there was something wrong, so I went to Ella's room.
She wasn't there, so I went into the front yard.
What did you see? A shape, on the ground, under a blanket.
I thought, oh, Jake's playing hide-and-seek, so I went over to tickle him.
And he he wasn't pretending.
His body was cold, and his lips.
I knew he was dead.
So, I, um, I got up and I went to Max's room.
He was just sitting there, doing his homework.
I didn't mean to hurt him! You're lying.
Max! Big Smiles Orphanage.
Thanks, Rob.
You're awesome.
Chok dee ka.
What are you doing on my phone? OK.
So you know my friend Lindsey? She did three weeks training at a Muay Thai camp last year Muay what? Thai kickboxing.
Keep up.
Anyway, at the camp, she met Elisabetta from Sweden, who's Facebook friends with Canadian Rob, who lives at a camp in Chiang Mai.
Exactly how many friends are in your social network? So I became Facebook friends with Rob, who's really hot, by the way.
I've been researching this orphanage.
Apparently legit.
Creepy Clarry flies over there twice a year to fund the place.
Twice a year for six weeks.
Tatum, we have hundreds of other briefs.
So I rang Rob to get him to check the place out.
You can't use my phone to call Thailand! Oh no, please, feel free.
Ah, it's the apology letter Jacinta and Bart Bailey wrote.
Why is the defence copying you in? Hi Richard, I thought you'd appreciate what my clients wrote.
I'm advising them to have another go.
Dear Mr Ferguson, we're sorry you're such a lying, stealing paedophile.
I hope it's worth ripping off innocent children.
See? They're on my side.
You've reached Detective Sergeant Andy Campbell.
Please leave your name and number.
Ah, Andy, it's me again.
Um, I heard there's been a shooting, so I'm just I'm a little bit worried.
I know you're probably fine.
Just call me back, OK? The officer who was shot was on Andy's taskforce.
I don't know who yet.
Sorry.
It won't be him.
Just leave your phone on.
It's time to go back in.
Janet, I can't Lina, this is our last witness, and then you can go.
Dr Spindler, what was your conclusion as to the cause of death? Jake's death was caused by manual asphyxiation due to a tracheal choke.
What pathological signs led to this conclusion? Strangulation results in blunt force injury of the tissue of the neck.
Externally, there was bruising caused by fingernail marks.
How is this possible, given the nature of Jake's death? Well, contrary to popular belief, fingernail marks are not caused by the assailant, but by the victim trying to pry the pressure from their neck.
May I direct the jury's attention to Exhibit P25? Visually, were there any other external signs? Well, even in the photo, you can quite clearly see petechiae.
Pinpoint haemorrhages of the skin of the eyelid and conjuctiva of the eye itself.
And was this evidence enough to suggest asphyxiation? Not in isolation, no.
It was during the internal examination of the neck that I discovered fractures to Jake's laryngeal skeleton Excuse me.
Miss Badir, what exactly are you doing? Ah, for forgive me, Your Honour.
Um A pressing matter.
What matter? Madam Crown, perhaps you'd care to explain this unprofessional behaviour.
I apologise, Your Honour.
My colleague's been unwell all morning.
Well, I trust you have a spare solicitor? Erin O'Shaughnessy for the Crown, Your Honour.
And are you also suffering from Ms Badir's sudden illness? No, Your Honour.
And the, um I'm fit to be here.
OK, Sit down.
To summarise your evidence, it would have taken medium to severe force on Jake's neck to cause the level of tissue damage and structural damage to the larynx.
Yes.
It's also clear by the fingernail marks on Jake's neck, and the DNA skin scrapings from under Jake's nails that he fought against his brother.
Yes.
You've stated that in your experience, anyone undergoing asphyxia develops air hunger.
They fight.
They gasp as the brain is starved of oxygen.
Correct.
In your expert opinion, how long did it take for Jake to die? Unconsciousness would have occurred in ten to fifteen seconds.
If neck pressure was constant, death may have only taken up to a minute.
No further questions, Your Honour.
Mrs Warden? Dr Spindler, as a forensic pathologist, you would have seen a great number of murder victims, correct? Yes.
In your autopsy report, did you consider the manner of death to be a homicide? Strangulation is a deliberate act.
Mm.
However, given the circumstances of the death and the ages of children involved there Simple answer, please.
Did you consider this death to be a homicide? No.
Thank you.
No further questions.
Any re-examination, Madam Crown? Ah, no, Your Honour.
That is the case for the prosecution.
Thank you, Doctor Spindler.
I suggest a brief recess before the case for the defence.
Awesome.
Thank you so much.
Bye.
Richard! Rob got back to me.
Muay Thai Rob? You know Oh, the hot one? And? He found the orphanage.
All above board, but run by a woman calling herself Mrs Penpat Ferguson.
Clarry has a Thai wife, too? And two little half Thai Fergusons.
He uses the money from the wishing well to visit his secret family.
So despite the moustache, he's not a paedophile.
I'm occasionally wrong on the details, yes, but he is a jerk.
Yeah, well, a jerk facing charges of obtaining financial advantage by deception, I imagine.
And bigamy.
Alright, you win.
You were right to sleuth.
I think this victory deserves a particularly large drink.
Your shout, tonight.
Conrad's out, so it's just you and me.
Tonight is, um, tricky.
What? You never have plans.
Bike girl.
Tomorrow night, me and my wallet, all yours.
Alright.
Dylan, it's Lina.
Um, I'm at the police station, but they won't tell me anything.
Look, I understand police procedure.
I just I need to know if he's OK.
Can you um, can't you pull some strings, or Just call me back, please.
All stand.
Mrs Warden, is the defence ready to proceed? Your Honour, before we do, there is a matter which ought to be raised in the absence of the jury.
What's she doing? Members of the jury, you will be called back after a brief recess.
Your Honour, I was frankly surprised when the Crown's case made it through committal.
With no disrespect meant to my learned friend, the past few days have clarified this view.
The defence has no case to answer.
The threshold issue here is the presumption of doli incapax, a presumption the Crown has failed to rebut.
I quite agree.
Your Honour, I must protest.
The Crown's case is clear.
Clear that Max Gardiner is not a very nice little boy, that he is a bully and undoubtedly requires counselling to correct his behaviour.
Well then, Your Honour must see the value in running this trial.
The Crown has the right to cross-examine the defence witnesses to further rebut the doli incapax presumption.
If the Crown's evidence has not proven that Max Gardiner knew what he was doing was seriously wrong when he put his arm around his brother's neck, then no amount of cross-examination will.
Bring in the jury.
Frankly, I'm disgusted.
The DPP bringing a case like this before the courts is an abuse of process.
Members of the jury, as a matter of law, I have concluded that the evidence given by the Crown could not establish the essential ingredients of the offence of murder by an accused who is 11 years of age.
The verdict must come from you, as the jury, but you have no choice in the matter because of my ruling in law.
You'll not need to retire to consider your verdict.
I shall simply say to the foreperson of the jury, do you, in accordance with my direction, find the accused not guilty of murder? The answer will be yes.
Mr Foreperson do you, in accordance with my direction, find the accused not guilty of murder? Yes, Your Honour.
Oh, God! Thank you.
Mrs Gardiner It's outrageous.
How could he throw the trial out before the defence even started? It's at his discretion.
You know the law.
It's like tofu.
It can be whatever you want.
It's not worth appealing his direction to acquit? So, Max just walks.
Whether Max was convicted or not, it's a life sentence for that family.
Every day, Virginia will wonder if her son's a monster, if Ella will ever be safe, if her marriage can ever be repaired.
You've reached Detective Sergeant Andy Campbell.
Please leave your name and number.
Lina.
You're here.
Dylan told me someone had died and then those arseholes at the station wouldn't tell me anything, and I thought I thought you were I was so I was so worried.
You're going to get like a thousand voice messages.
You're OK.
No, I'm not OK.
We were trying to make an arrest.
We'd been working up to it for weeks and these guys took off.
Drove away.
So we followed, and we blocked them in this alleyway, either side of their car, and And then they started shooting, so we shot back.
And then she was just just lying there on the ground, bleeding.
We drove to the hospital.
I was holding her up, but She was just doing her job.
Were you friends? I just saw her around, said hi.
She's got kids.
Hey, you don't know for sure it was from your gun.
The ballistics report I know.
I killed her, Lina.
Unexpected end, I hear.
Very.
Are you relieved? I'm tired.
Not long now.
Yeah, I'm starting to think they're safer where they are.
My wife used to say the same thing, every pregnancy.
I read your closing.
Brilliant work.
A shame nobody got to hear it.
David.
How do you cope? Having to go home to your wife and children after everything we see? That's how I cope.
Go home, Janet.
We'd like to speak to you about a statement you made concerning a serious assault here in the prison yard at Benchley.
When you were out of the room, Lucas reached undfer the table.
Don't you know that's my father? Let go of me or you're fucking dead.
You what? Nicholas Quinn died early this morning.
You killed him, David.
So, does this mean the file investigation's finally over? A mate of mine saw the ballistics report.
It was my gun.
Closed Captions by CSI, MemoryOnSmells