Original subtitles

This brief came straight to the director. It is highly sensitive.

We could prosecute but do we want to?

Appalling crimes and a bizarre fetish.

Find out which ratbag leaked the file and you're back in business.

Relax, Erin. You didn't say a word. Nothing?

It wasn't you that showed me the file.

The Mervich case? The evidence is pretty clear.

The guy was living with two beautiful sisters

who belted him dead with a bolt cutter.

If only it were that simple.

A drugs possession charge?

Impressive you avoided a conviction.

Lucky you're with the right family for pulling strings.

Oi. You wanna have a go, old man?

Bugger off. You'll just have to wait, sonny.

Hey, whoa, whoa, calm down, pop.

♪ Theme music

♪ What do I do Stand in a shop

♪ Waiting for that money to drop

♪ Stand all day on a concrete slate

♪ My feet are aching Don't get a break

♪ Saying what do I do

♪ What am I to do?

♪ What do I do?

♪ What am I to do?

♪ What do I do?

♪ What am I to do? ♪

Alfred Robert McMahon was more than a good policeman.

He was a good man.

He fought hard for what he believed in,

even when it made him unpopular.

And he stood by his friends

when others fled,

worried for their own skins.

He was a fine mentor to many,

not just his family.

To people he came across in everyday life.

Franco, the man that Alfred bought coffee from every day for 20 years -

black, no sugar -

described him as a giant amongst men.

He was a giant, and not just because he was larger than life,

but because he had the biggest brain, and the slyest wit.

And the warmest heart of anyone I've ever known.

The world will be a smaller...

..and sadder place...

..without this man in it.

Good job up there. The old man would have been proud.

Thanks. You going in today?

Yeah, I may as well.

Just make sure the DPP do a proper job on the prick that did it, hey?

That guy should hang.

♪ A penny

♪ For all your thoughts

♪ Standing in a crowd

♪ Laughing out

♪ So loud

♪ A penny for that thought. ♪

(Bells tolling)

Opening of the legal year in a cathedral?

So much for the separation of church and state.

Maybe they're asking for help from above.

Well, at least it's your church.

Well, not exactly.

Well, there's this ceremony, one for the Greek Orthodox,

one for the Jews, one for the Buddhists. Who does that leave out?

I don't think it's personal. Oh, it never is.

Poor Janet.

This must be hell for her and David.

I'm impressed they're here a all.

You guys are doing a better job at destabilising the Government

than the Opposition.

Barristers.

God's gift.

You were conspicuous by your absence.

Can't bear all that ridiculous carry-on.

People think we're up ourselves enough as it is.

Is there a big church thing to open up a medical year?

Something for architects? Engineers? Dentists?

What would they wear? We're the ones with the frocks.

I hear David's briefing out the Mervich case.

We're still capable of conducting our own trials, aren't we?

Kowalski's a defence barrister.

He's alright, but he's not going to do a better job than either of us.

You know why David is briefing that out.

Yeah, he's pandering to the mob.

Showing fear in the face of hostility.

I'm not exactly happy about it either.

It was your memo. We all write memos like that.

I was just unlucky to have mine plastered on every newspaper.

Well, David can stuff you in a cupboard if he likes.

Give all your cases to me. You could handle double the workload?

We should be closing ranks, not letting in a show pony from outside.

That show pony may well become one of us if all goes well today.

Morning.

Hi, Harry. G'day, Tony.

Andy, sorry to keep you waiting.

Morning, Janet. I was just filling Lina in on McMahon.

Oh, it's terrible. How's Ben coping?

I don't know. He went straight to ground.

So what have you got? Julian Cooper.

We know him. He was hanging out down at the club

where Alfred McMahon was that night.

McMahon and Ben went inside for drinks.

There was some kind of verbal altercation

involving a disabled parking space.

Ben left around 7:30, alone.

McMahon came out around ten and Cooper was waiting for him.

Where did the assault take place? In the carpark.

Cooper laid into him, chased him towards the water,

where we assume he gave him another couple of whacks, and left.

So he died on the beach? He was concealed by the rocks.

No-one saw him until it was too late.

Any witnesses? We're looking.

What is this?

Cooper in remand?

Hasn't been charged yet, but we know where he is,

soon as we get a formal ID.

Thought you might appreciate a headstart.

Thanks, Andy. CCTV footage from the carpark.

If you could get someone to look at that.

The sooner we lock this prick up, the better.

I'll get the popcorn.

PHONE: Hi there, you've called Julie Rousseau,

please leave a message.

Yeah, it's me, Julie. Again.

Starting to feel like I'm a bit of a stalker.

Look, if you're still pissed off about, ah, the other night,

I'm sorry. Can you call me back, OK?

RECORDING: Nearly out of ammonia. Pass me the matches, will you, Joe?

No, you had 'em last. Nah!

Yeah! Nah!

Yeah! Nah!

Fuckin' hell, yeah. Hey, don't be a smart arse.

Alright, dickhead. Richard!

Want to hear the world's most intellectually advanced meth cooks?

Is there any other kind?

Check this out. They're in the lab.

RECORDING: Nearly out of ammonia. Pass me the matches, will you, Joe?

No, you had 'em last. Nah!

Yeah! Nah!

See?

Ah, fuckin' hell yeah. Hey, don't be a smart arse.

They're right there, dickhead, next to the iodine.

If they want kids to stop taking meth,

they should just play them this.

Would you inhale something made by these geniuses?

RECORDING: Did you hear about Hammel?

Nah, what happened?

Hammel has Pholemfrometry. Real crook, bro.

Might not make it. Weirdness.

There's nothing about an illness in the file.

It's a virus, I think.

Sounds like Hammel's about to cark it.

Sure there's nothing in the police brief to indicate an illness?

No, nothing.

If Mick Hammel's really sick,

it's likely the jury will be sympathetic, won't they?

Highly likely. Juries are not to be trusted for a second.

And if it's terminal, he may evade prosecution altogether,

instead of getting the 20 years he deserves,

which will not make the police taskforce happy.

Not after spending three years and vast sums of public money

tracking these guys down.

But the quantity of meth they were moving.

Did you see the lab photos?

Yeah, well, impending death's a very persuasive card,

even for a scumbag like Hammel.

Find out what hospital he's in, what his prognosis is,

and whether he's undergoing treatment.

We need to know where he is

and whether he can actually be tried before we go another step.

Oh, and...

..good job picking this up, Tatum.

Thanks.

You don't have to be here, you know.

Oh, you know me.

Couldn't bear to be away from my rapists and fraudsters.

Can I? Yeah.

Oh...

..he looks like a great guy.

He was -

if he liked you.

I never thought one of those would have 'McMahon' written on it.

Ben.

So listen, um,

your brother's still looking for a car?

Ah yeah, yeah, he is.

Well, you can buy my Camry if you like,

'cause I'm borrowing Pa's Jaguar.

Ben, if you want to talk about - It's in good nick.

So... OK.

Yeah, yeah, sure. Sure, that'd be great.

Cool, well, just get him to call me.

I tell you what, I've got to do a mention soon,

but I'll try lighten your load when I get back.

Any changes to brief allocation are to come through me.

I'm sure your grandfather is at peace now, Ben.

Who's got the brief?

It's in good hands.

This is for mention tomorrow.

Make sure you announce your matter clearly to Harrow.

She hates mumblers.

I need more time on the Habib assault.

My OIC's on leave so just buy me a week. More, if you can.

Well, you are up to this, aren't you? Yeah.

I have a reputation out there I'd like to keep intact, so -

Clearing the decks, are we?

Trying to. Oh, good.

The McMahon file.

Oh, no. I can't.

Ben, he's... he's in my group.

Then you'd better do a good job. You're the details man, aren't you?

This is strictly a once-off.

Not one of your gang have had the guts to come forward about the memo,

so count yourself lucky you're getting any good work at all.

(Exhales)

You're fucking joking.

I didn't want it. I don't want to hear it, Richard.

Well, obviously I'm going to do my best.

What have you got so far?

You know I can't tell you.

No-one has to know.

Watch that and you will be tainted as a witness.

Is that what you want?

You know, they don't let you near the body.

At the morgue.

You stand behind the barrier.

There's no touching,

in case you influence the post-mortem.

Rich, as mates, come on.

No. You'll jeopardise the whole case.

Yeah, I'm going down to the station for a line up,

and I'm gonna nail that prick,

and then I'm gonna come back here and I'm gonna watch that DVD,

even if I have to kill you.

What did they want? Are you OK?

What did you tell them?

I'm so sorry about your grandfather -

Julie, Julie, stop.

What did you just say? I told them the truth.

The truth?

As in the truth truth, or the truth?

As in, we left the Christmas party at 11

and went upstairs to eat pizza.

OK. Great.

And then had sex on David's desk.

Why did you tell them that?

Because that's what happened.

Julie - I'm not going to lie to the police, Ben, I work for a judge.

Well, if you got back to me then we could have got our stories straight.

I only got your message this morning, I was away on a Vipassana

to make up for missing Laos.

On Vi-what the fuck's Vip- Vipassana.

What is that?

It's no talking, no touching, no eye contact.

No writing, no reading, nothing.

That sounds like hell.

You're the one who's been in hell.

Oh, um, this is for you.

It's, um,

it's not quite a bonobo, but -

Thanks, it's really funny.

Do you want to grab some dinner tomorrow night?

Maybe take your mind off things?

Sure. OK, great.

You know, I think banging on your boss's desk

is pretty much grounds for dismissal.

Right now I'm wishing you were a woman.

Much more observant than men.

Him. That one.

There's no rush. Take your time. Number five.

You sure?

Absolutely.

Alright.

Thanks for coming down here, Ben.

So what happens now?

For you? Nothing.

Ben, I'm sorry.

You just identified our computer technician.

Fuck! Fuck it!

It's alright, mate.

I said the wrong number, Andy. Just give me one more shot. Come on.

Ben, you know I can't.

I've fucked everything.

Good morning, Justice Rosenberg. I believe Miriam Mansie

from the Attorney General Department's already here.

Indeed, I believe a police investigation is underway.

Don't you know, by now that judges know everything?

Did you manage to get your truck driving pimp into court?

No, I didn't.

My victim wasn't credible, apparently.

I'm sorry to hear that.

Well, I'm sure Kayla feels like we all failed her.

I'm sure that's not true.

And I know you would have done everything you could, Erin.

Good luck in there.

And what makes you want to come over to the dark side?

Well, like everyone else in this room, I've been involved in cases

where I believe the accused has been acquitted

when circumstances may not have made that the appropriate decision

and perhaps,

if the prosecution had been a little more...

..rigorous, there may have been a different outcome.

But ultimately,

ultimately I'd like to help to uphold the criminal justice system,

instead of finding ways to subvert it.

And I believe there's still a lot of work to be done

in restoring public confidence in the prosecution process itself.

Mm, I agree.

It is an ongoing challenge.

Rhys, perhaps you could speak a little more concretely.

What if, for example, you knew that the defence witness

had had a prior conviction for perjury in another State,

and the defence didn't know. Would you tell counsel,

or would you put it to the accused in cross examination?

No question. I'd tell defence counsel. I'd have to.

As a prosecutor, it's my duty to be a model litigator.

Now, if a witness has a prior for perjury,

then they are not a credible witness, not for anyone.

I act as an officer of the court, before I'm a prosecutor,

or a defence counsel.

Tracey!

You do know Kowalski's had professional misconduct allegations

made against him in the past? Been Googling, have we?

If you're talking about the Vaselki trial,

those allegations were dismissed by the Bar Association as unfounded.

He's one of the top criminal defence barristers.

Exactly, you know as well as I do, you're either a defence kind of guy

or a prosecution kind of guy. Or woman.

Well, I for one think some fresh blood

will encourage us all to lift our game, don't you?

I am actually quite busy, Tracey.

That's a pity. David wanted you to have a look at the McMahon murder,

but if you're snowed under, perhaps that's another one

we could handball to Kowalski. No, maybe I can manage another one,

just as a favour to David - Before you get too excited,

David and Janet have already chosen the instructing solicitor.

Kowalski has an impressive track record.

For the other side.

He plays fair. I've always found him a fine advocate.

Ticks all the boxes for me. Miriam?

I vote no.

Why's that?

Because you have an office full of highly trained, well paid Crowns

whose job it is

to do exactly the sort of advocacy you're asking from Kowalski.

I see. Well, since you're here in an advisory capacity,

I'll note your opinion, but as I am the Director,

it's my decision to make.

Look, briefing out to an external barrister,

even one that may become a Crown,

is going to blow your budget out even further.

Well, this department is under-resourced.

My staff are already overloaded, Miriam. What we need to be doing

is expanding our stable of private barristers

to cope with the increasing workload.

I know exactly what you're doing.

If there's no conviction in Mervich, the heat won't come back on you.

Just between us, the AG is a total prick.

But what you and that memo have done

is destroy any chance of him ever going to trial in this country.

Congratulations.

There goes any chance of a budget increase next year.

What chance?

Do you really want to put the whole AG's department offside like that?

Once the AG goes, we've still got the rest of them to deal with.

This office is supposed to be independent.

It's just that right now, what if I give one interview to the media?

Get them off our backs?

Then we're just adding fuel to the fire.

Speaking in public in a pressured situation's

what I do every day of my working life, David.

No. I'll just sit back and do some filing, will I,

while you give all my work to Rhys? Your written advices

are still very valuable.

Right. I'm still benched.

Fabulous.

How much longer are you going to be?

Use the library one. It's broken. They're all broken.

That is a serious rock, Miss Tates.

Yes, the Tiff say,

'Big diamond make Tatum many happy woman.' You're lucky.

You'll never have to deal with the perils of dating again.

Thought you said you were in a man drought of epic proportions.

Well I am, I am.

Not all of us have a booty-call journo on speed dial.

Trust me, there's nothing sexy about Jimmy the Butcher.

I'm sure he enjoyed playing with your juicy rump.

And you his spicy chorizo.

Well, he won't be getting near said rump ever again.

Good, because he's doing a number one job

of sending us all to the slaughter house.

What's the point in dating, anyway?

I mean, they all start out sweet but then they sleep with your sister

and you end up killing them in a jealous rage.

We don't know that's what happened. It's the most probable scenario,

given Joanne Mervich's dodgy description of the intruder.

Maybe. Till death do us part.

Think about it.

Well, when I get to heaven,

I'm going to have 72 virgins waiting for me, so there.

Isn't that just for the men?

Not in my paradise.

(Phone rings)

Lina speaking. Lina. It's Harry.

Oh, hi, Harry. Could you come on down here?

Your brother's here.

That's right, her fuckin' brother - And he's swearing at me.

(Softly) Oh, shit.

Yeah, I'll be there in a second.

Please excuse me.

I have to go commit fratricide.

Tariq, everyone has to sign in.

Yeah, he started it. I don't want to hear it.

This is my work. Can you at least control yourself in here?

I didn't do anything, OK? He was picking on me.

Oh, you have a persecution complex!

It's not my fault everyone in this country's a racist.

Wait here. OK.

Hey, whoa.

Want me to call you a cab?

Why?

So you can go home, to bed.

Home to bed?

Let's do that.

Hey! It's Yasser. Yasser Arafat!

How are ya? Good.

Wait there. Wait there.

Here it is, my wheels are your wheels, brother.

Not bad.

And I've got something for you.

Ooh, are you serious?

I'm a wog. I like cash.

OK. Um,

Oh yeah, yeah, yeah, yeah. Down - go down, down the front,

back carpark.

Sweet. Thank you.

No worries.

I like that kid.

He's good.

What does it say?

Ah... (Speaks Arabic)

What does that mean?

These days? Nothing.

If the wind changes, you'll stay that way.

I can't find Mick Hammel.

I don't know how many times I have to tell you solicitors,

leave the investigating to the police.

I've rung all the hospitals.

No-one's registered under his name anywhere, or his aliases.

The man is seriously resourced, Tatum.

If he wants to stay underground while he's sick, he will.

I'll be very upset if he dies before we find him.

Oh we can't have that then, can we?

Richard said it's a virus. Hammel was in Costa Rica last year.

He must have picked it up there.

My tennis partner works in the Disease Unit at St Vincent's.

I'll have him call Tony.

Tennis?

Of course, the Old Testament said it best.

An eye for an eye, tooth for tooth,

hand for hand, foot for a foot.

Exodus 21:24. Reciprocal justice.

It's simple, really.

The problem with the way we practise criminal law

is that we've lost sight of its original purpose.

It used to be that punishment was proportionate.

Nowadays, offenders get two, three, four chances.

It's all administered by bureaucrats and judges

who have no idea of the principles of sentencing.

No-one cares about the victims and the families.

Richard does. We need reform.

The Jud - What reform?

What? Why?

Pa was killed, Dad. He was fucking pulverised.

I know. Well, then start acting like you give a shit

and stop talking about sentencing principles!

Do you know what a body looks like

after six hours in water, huh?

I'm sorry you had to see that.

He's not a legal argument.

He's a person.

You're lucky. We don't generally brief out much these days.

Welcome aboard, Rhys.

Thank you, Tracey.

I'll just call Lina. She'll bring you up to speed.

Sorry, Lina?

Yes, she's been doing the prep.

Oh, it was my understanding that we had a say in

the selection of our own solicitors. There's no-one else qualified.

Ohh.

There. Looks like Erin's doing it.

Is that a finch?

I don't suppose his name is Atticus?

Ah yes, it is, actually.

How funny. (Chuckles)

Right.

You've been doing some good work, Erin.

Ah, thanks.

I think we need to see what you're really capable of.

You do? Tell Lina to give you the Mervich file.

What? It's yours.

But she's been working on that file for weeks.

Well, you'd better let her down gently, then.

Thanks for telling me.

About the line up.

You should be happy. You didn't want the case, remember? What happened?

It's dead in the water. The whole thing's fucked.

Well, CCTV won't be enough, Ben. This is bad. It's really bad.

I'm sorry for ruining your career-making case, Richard.

There's got to be another witness. Well, there's not!

Someone must have seen something. They didn't, OK?

So like I said, it's fucked!

Those generally work better if you drink them.

I'm hiding.

Well you'd better un-hide. There's a witness in the meeting room.

You're meant to be prepping her.

Tell her I've spontaneously combusted.

Happens, you know.

Do you want me to prep her?

Nope, I'll do it.

You know, they should never have abolished the death penalty.

I don't know. I'm not a fan of state-sanctioned murder.

Well, hasn't this place taught you that some evils are necessary?

What about rehabilitation?

What, of a murderer? Well, how likely is that?

Tate, do you know what recidivism rates are like?

Yes. High.

Yeah, exactly. Because imprisonment isn't a good enough deterrent.

You know how much it costs to keep someone

in maximum security prison for a year?

Are we measuring life in dollars now?

OK, hang on.

So, say if someone in your family was bashed and died. What then?

I would be devastated, yes.

But I wouldn't want more blood spilt.

Yeah, well they all say that, till it happens to them.

Richard!

Just another day in the office, huh?

Everyone getting all nice and cosy, watching my grandfather's snuff film.

We were just trying to help. Sure.

Gee, he's gotta be contender for Corpse of the Week, right?

I'm sure admin would like to take a look.

You guys could upload it onto COP Feed.

It's done, Rich.

Like I said, no ID, no case.

I just wanted to check again to see whether Cooper was identifiable.

Right.

And the rest of you?

That's what I thought.

These lock, you know.

Well, that was a highlight in my top 10 ways of how to fuck a friendship.

Um... Um?

Yes. Um, Lina? What?

They've asked me to take on the Mervich case.

Oh, great. I could use some help with it.

I - I think the idea is that I do it on my own.

I'm sorry. I didn't ask for it. I'm as surprised as you are.

But - but you agreed to take it.

Well -

Well, why you?

Apparently I'm doing good work.

(Speaks Arabic)

Work it out.

This leaked memo stuff has taken on a life of its own.

The Attorney General business. Yes.

I'm sure it'll pass and then we can all get back to work. I hope so.

Have you heard, a third victim has come forward?

Ah, what?

She was part of the Indigenous Recruitment Program

in the AG's department.

She alleges she was sexually assaulted a number of times by Quinn

whilst in this program.

Thanks. I'm sorry, which chambers are you from?

How dare you.

Janet King, doesn't it concern you

that because of you, this victim will never receive justice? Excuse me.

Don't you wonder how many more victims there are? No comment.

You stopped prosecution of the person responsible.

The allegations are just that, allegations.

The police charge people, not the DPP. Do your homework.

So, you think Quinn is innocent? I didn't say that.

Then shouldn't he face charges, like any other person,

or don't you think he'll get a fair trial?

He probably won't get a fair trial,

but it won't be our fault, it will be yours.

If the media hadn't have published a confidential memo,

the proper judicial process could and would have taken place.

Justice for victims, it seems,

is not a priority for the State Department of Public Prosecutions.

Shit.

I expressly told you not to talk to the press.

I was ambushed.

I don't care if you were water-boarded for ten days straight.

What you have done is put us right back on the front page.

I can write out my resignation right now, if that's what you want.

Well, if they're going to ask for somebody's head on a platter,

I would just prefer it wasn't yours... or mine.

INTERCOM BEEPS: David, I've got the Premier's office on the line.

Right on cue.

Thank you, Margie.

Put him through.

Mr Premier.

So tell me, Lina, do you consider Australia to be your home?

Do you?

And are you Muslim?

Well, technically, yes, because my father is,

but if you're asking me whether I practise,

then the answer is no.

And your brother, Tariq, would he identify himself as a Muslim?

I'm sorry, Detective Liu, but how is my brother's religious persuasion

relevant in this investigation?

Just interested in your background, Lina.

So what time did you leave the Christmas party?

Um, I can't remember.

Midnight.

And did you leave the bar alone?

No. Ah, Detective Campbell was kind enough to offer me a lift.

He'd only had a couple of drinks, so -

Andrew Campbell? Yes, he lives near me.

So what exactly is the nature of your relationship

with Detective Campbell?

We recently worked together on the Evans avatar trial.

So, he drove you ...? Home.

And then where did he go? I don't know. I'm not his mother.

So when you returned to the office that night, you were on your own?

Yes, I had to get my handbag.

I didn't leak the memo.

(Humming)

Hey.

Hey! You can't have fun without me.

Homicide collected the receipts from all the patrons that night.

They contacted all of them. Nothing.

No-one could ID Cooper as being at the surf club?

They checked the rego for all the cars in the carpark, same deal.

There was only one car whose owner they couldn't find

because the licence plate was obscured, only look.

What - what am I looking at?

It's not an Australian vehicle. It belonged to the Yanks

and was used in New Zealand as part of Operation Deep Freeze

and was imported here in the late '90s.

I don't know what you're saying. Come here.

Operation Deep Freeze was a series of military missions

to Antarctica to resupply US bases.

They staged from Christchurch to McMurdo Station.

My aunt was a medic there.

But Andy found the driver.

He remembers seeing Cooper and Alfred in the carpark

and was able to identify him immediately!

Look at you, chasing leads!

Well, I just got lucky.

And Cooper's been charged with murder?

Charged and in remand, babe.

What, you say babe now?

No.

Whatever, babe.

See ya, babe! Bye.

Excellent. Excellent. You're thoroughly prepared.

You have positive ID of the defendant,

your chart on how the elements of the charge can be proven.

(Phone rings)

Oh, bugger! I've got to take this.

This is Tracey's infectious diseases doctor.

Tristram, hi.

Yeah, look, I've just got a name for you.

Go in and get started.

How long will you be? Go on.

Yeah. Ah, sorry it's P-H-

O-L-O-N-F-R-O-M...

Um, gentlemen.

Hi, Richard Stirling.

Murray Rice, and this is my associate,

Suresh Perera.

Ah, Mr Gillies has just been called away urgently

so, I'll be getting things started.

Oh, I'm sorry to hear that.

Um, so in looking at the elements and the evidence collected so far,

um, the DPP will be looking to proceed on a murder charge.

I expect that your client will, of course, be pleading guilty.

My client is prepared to admit that he assaulted Mr McMahon.

Assault?

Mr. Stirling - Dick,

can I call you Dick?

You and I both know that Mr McMahon drowned.

It was the incoming tide that killed him, not my client.

I'm sorry, what?

Drowned?

Drowned?

Was there a mistake in the Coroner's report?

Not exactly. So?

The provisional report specified cerebral contusions

and I just assumed that the cause of death

was from the blows to his head.

But there was also ingested seawater in his lungs,

indicating that he was still alive when Cooper left him.

I'm - I'm so sorry, Janet. I should have checked.

But he did drown, so, Mr Rice is right.

It's manslaughter, it's not murder.

There was an intervening act - the tide.

Does the word 'causation' mean anything to you?

Hallett, 1969.

The assault victim drowned in shallow water.

The defendant was charged with murder.

The chain of causation was not broken.

But unless we've got footage

of Cooper holding his head under the waves -

Just use the 'but for' test -

'But for Cooper bashing him senseless,

Mr McMahon would not have drowned.'

An ordinary, expected event does not sever the chain of causation.

The tide is - An ordinary event.

That's right, Richard. You knew all of this.

Why the hell didn't you use it in the conference?

Where was Tony while all this was happening?

He got a call. Something about Hammel, his big drug case.

Find him. Sort this out, and don't come back until you do.

I heard about the pre-trial conference debacle.

I want Richard off the case.

At the rate he's going, he won't even get the guy committed to trial.

Well, Richard isn't the only one working on it.

Tony didn't even bother to show up. We're still proceeding.

Look, this is my family we're talking about, OK?

I think it requires a bit of competence.

Well, you've been happy enough thus far

to have Richard's help on your own briefs, haven't you?

Fine. I'll go speak to someone with some real authority.

Yes. Come in.

New, ah, new desk?

Yes, the old one was getting very... wobbly.

Right. Unstable.

Alfred was a good man. I'm very sorry.

Thank you.

You wanted to see me?

Um, no, it can wait.

Sorry to bother you.

For the tide to be an intervening act,

it'd have to be a bloody tsunami, wouldn't it?

That, or a king tide. But the chain of causation could be endless.

How far back do you go?

Do you charge Cooper's mother for giving birth to him?

Not a bad idea.

The footage shows him being chased him towards the water.

And Cooper deliberately blocked his escape route

back to the safety of the club.

But is there enough of a link between Cooper's conduct

and the death, to make it murder?

Maybe not. You might have to concede to manslaughter.

I can't. Ben - Oh, would you stop thinking about Ben

and look at the evidence? That's your job.

Why did I ever think I could do this?

You're such a drama queen. You made a telescopic mistake.

It happens to people in high pressure situations,

like doctors and pilots. What, what is that?

I hate it when you diagnose me. Blinkered vision.

It's when you become so focussed on one aspect of the problem

that you lose sight of the whole big picture.

Come on -

Doctor Tatum says there's only one solution.

(Upbeat drumbeat)

Put causation aside.

Focus on foreseeability, Cooper's intent to kill.

I can't see intent to kill.

Then look for GBH or reckless indifference.

You probably want something strapless

to accentuate your shoulders.

Mens rea. Mens rea.

No, no, no, the flounce is too distracting.

Think... think elegant.

Clean lines with plenty of movement in the skirt.

Everyone knows the tide comes in,

but where is the evidence Cooper did on that particular night?

Are you thinking veil?

Oh, Tate. Playboy mansion?

Do you have anything like

a sweetheart neckline with a ballerina hem?

I have sisters.

I can't tell with this thing on. Can you hold that?

That's better.

(Phone rings)

Ah, it's Con.

Can you answer it?

Ah, hey, Con? It's Richard.

Richard. Can you just tell her that I'll be home at about six?

Yep, I'll tell her. Richard!

Can you pass me my bra?

Bye, Con.

I have to get back to the office.

I am thinking very bad thoughts.

How bad? X rated.

I want you.

Stop working nights, then.

Stop working days.

(Door closes)

So, um, if you could get that subpoena issued as soon as possible.

Yes, onto it. The toxicologist is going to be crucial to the matter.

I'll get more info. Goodnight.

Night.

Oh, God, let's run away. Today sucks.

Erin stole my case and now I'm number one suspect to the cops.

Just because they interviewed you doesn't mean they think you did it.

Being Muslim makes me immediately under suspicion for everything.

Come on, to be fair, you're one of five people in the gun.

They're just rattling your cage.

Well, there is one thing.

Um, I... I may have told them that

I went up to the office alone that night, to get my bag.

You are kidding, right?

Well, how suss was it going to sound if I said you were there?

How suss is it going to sound if they see I was there

and you were lying about it?

Andy!

No, I'm sorry Richard, no.

READING: 'Come for a dawnie, big break in the morning, Coops.'

The text message isn't enough. It just doesn't get us there.

But Cooper sent it to his mate that morning.

Yeah, well it's still open to other innocent inferences

if that's the only evidence we have of prior tidal knowledge.

No, but in terms of foreseeability, surely with the assault,

that should be enough to - No, I'm sorry, kid.

We need more for murder.

Come on, kids. Get excited! I'm not going if Erin's going.

I'm not going if Richard's going.

Fine. We won't invite Erin and Richard to the playground.

For the record,

Richard has been killing himself on your grandfather's case.

And Erin didn't ask for that brief, it was given to her by finch face.

Now, come on. No, I don't want to go, Tatum.

I feel like crap. That's why I'm rescuing you.

It's happy hour. Yes, happy hour.

I need happy hour.

I bet Tracey's never even had sex.

Yeah, she has. What?

What? Who? When?

Atticus the finch.

No, I'm pretty sure that's anatomically impossible.

Hey, it's not the size of the pecker -

It's how you pump.

Hello, there - hottest woman in the office, judge's associate, Julie.

Oh, shit! Dinner!

I forgot.

I, I'm, I'm grieving.

That's what I'm doing here. I'm grieving.

Look, this is my grieving face. Ready?

Have a good night, Ben.

Hey, Julie, Julie, wait, wait, wait.

I know, I know that looks bad.

Just go home. I can't, I can't.

Dad's there

and it's too depressing.

I can't face him.

I need some distraction. Please.

Please?

OK, come on.

But if you throw up, I will not be happy.

Excuse me, you're a public servant, aren't you?

Don't they have rules about you working back late?

I wish. What are you slaving over?

Some idiot, in their wisdom,

decided to take Lina off the Mervich case and give it to me.

There goes that friendship.

You don't want the case?

Oh, it's a great opportunity, in theory.

Only in theory, huh? Yeah, well sure,

if you enjoy being publicly scrutinised by the media, your peers

and the rest of the country.

It will garner some attention. Talk about pressure.

You do look a little bit overwhelmed.

Well, I'm just not sure I'm ready for it.

Well, then you'd better get ready. We've got a lot of work ahead of us.

Yes,

I'm the idiot who put you on the case.

Goodnight, Erin.

(Shudders)

(Jam band music)

(Doorbell rings)

Come in if you're horny!

Forgot my key. Sorry.

Expecting someone?

Ah, no, no, just wishful thinking.

I can be horny.

If it means you're talking to me again.

OK.

But you have to be really, really horny.

Like, rampant, insatiable.

Can't get enough.

I must have you now.

Do what you will.

I'll be gentle. It's my first time.

(Both giggle)

How was I? Amazing!

Glass of wine?

Bottle.

(Footsteps)

(Door shuts)

Hubby!

Have a good night? Yes.

Did you keep your clothes on?

What? Did you get your bra back alright?

Oh, no! We were shopping.

Yeah, right! We work together.

And now he lives here.

He was homeless.

OK, you go out drinking with him, you spend every minute with him.

You didn't make ME banana bread!

You hate bananas!

I know he's in MENSA,

or some shit but -

Oh, baby, will you stop? He's gay!

He's gay.

Well - (Groans)

Knock yourself out. You're not going to find anything that we didn't.

There has to be something. There is.

The text.

He always errs on the side of caution.

Tony? Tony can err on the side of my arse.

The text isn't enough. He's right.

You guys have no idea what has gone into this.

Bloody DPP, you're sitting up in your cushy office,

shuffling your papers.

Forensics has torn this place apart.

I've pulled half of homicide on to this.

The best phone data retrieval expert

picking through every kilobyte of Cooper's phone.

I'm bleeding the budget and resources I don't have

just to get this over the line, Richard.

What, because of Ben?

Oh, the thin blue line.

You know, he might have retired, and he might be dead,

but he's still one of us.

I'm sorry. Forget it.

Call Tony, tell him I'll...

..downgrade to manslaughter.

The defence are asking for a nolle on this. Should we grant it?

Not unless we want the drug squad

to order a hit on us and all our families.

Well, the evidence isn't strong,

and Hammel's got some rare terminal disease, apparently.

He might croak before we get a conviction,

and we need to tread carefully in the current climate.

Wouldn't want to be seen as going soft on a scumbag drug lord.

Just thought I'd run it past you.

What's he got? Hammel has pholonfrometry.

Wait a minute.

He's fallen from a tree?

Um...

..that can be fatal.

Many things can be fatal, Tatum.

(Mobile phone rings)

Richard?

Cooper downloaded an Oz Tides app to his phone a year ago.

Accessed it daily,

until deleting it in the early morning of the 3rd.

So he did know how high the tide would come in, he just didn't care.

Foresight of consequences.

Reckless indifference.

Whether McMahon died from the assault or the water,

it's secondary to the fact

that he was left in a known life-threatening situation.

Proceed on the indictment for murder?

Proceed on the indictment for murder.

(Phone rings)

Ben McMahon.

ON PHONE: Ben, it's me.

What's up?

We have enough... for murder.

Are you sure?

Yeah, this time, yes.

Rich? Yep?

Don't get a big head.

Is this the porn site meeting?

At least nobody from this department looked at the degrading images

on that website.

Uh - I did.

We don't have time. Five minutes. Are you kidding?

I can make love in a second.

Andy, the SES guy - did you read that?

If you cared about your family, you'd defend us, no prosecute us.

But that's not lucrative enough for you, is it?

His brains were all over the kitchen floor!

And she was standing there

with her fingerprints all over the murder weapon.

This can not be a hard case to prosecute.

Where were you at 3am last night, Mr McMahon?

Oh, in bed asleep.

Can anyone verify that?