Original subtitles

His house collapsed. He can't live in it. That's why Richard's here.

You're on the Mervich case with Rhys. The boltcutter babes?

ERIN: Their fear was their prison.

Repeated abuse leads to learned helplessness.

It is a classic syndrome. It's real.

She had a nightmare about Ray Stone attacking her with boltcutters.

I'll take a run up to Clarence, where...

Ray Stone was murdered. I was hoping you'd like to come.

RHYS: According to the police report,

the first blow got him directly in the face.

(Grunting and screaming)

On the side of the head. WOMAN: Aah!

There's blood everywhere. Erin? It's alright. It's OK.

(Chuckles) You are serious.

I suddenly feel depressingly sober.

♪ 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

♪ Singing 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? ♪

Lock up the abusers, not the victims.

Tensions are running high,

several weeks into a trial that has inspired

public debate in the community.

Joanne Mervich's supporters have left little doubt of their views

on this controversial case.

The DPP is supposed to lock up abusers, not the victims!

With the prosecution case expected to close today,

rumours are flying that Joanne Mervich

will then take the unusual step of giving evidence herself.

The defence has been accused of attempting to sway

the jury's sympathies through this public airing

of Mervich's domestic-violence history.

Win or lose, the real question is -

can the DPP afford further negative publicity?

Erin, this is ridiculous. 'Morning.

I've summarised all the main witnesses in an aide memoir.

Erin...

Here's a summary of the key points raised by the forensic evidence,

in case Joanne does take the witness box.

And a chart setting out where the evidence is in the transcript.

And... you need a pen, right?

I'm sorry. I did the wrong thing, not just on the view.

Better get inside. Erin, come on.

I know I encouraged you.

I was drunk. Not when you kissed me.

I just want to have a professional, working relationship again.

Done. Apology accepted. That's good.

(Sounds of traffic and siren blares)

Detective Sergeant Dylan Thorne? Yeah.

Did you think I was the only homicide detective in Sydney?

Well, I was looking forward to working closely with you.

Well, as long as you don't work closely with Detective Thorne.

Why? Dreamy is he?

If you like wankers, he's a bit of a show pony.

(Clears throat) We can't all be incompetent, Andrew.

Lina, this is Sherlock Thorne. Sherlock?

Mm. Logic, science, data. Likes to take on every role in solving cases.

Would you prefer that I consulted a psychic and cracked skulls?

(Chuckles) Dylan Thorne. Pleasure to meet you.

Um... Detective Campbell said you needed some advice.

What are we looking at? Murder of a child by a child.

Jake Gardiner, nine years old.

Ten months ago,

it was claimed that he and his brother Max were wrestling,

when Max strangled him in front of their sister Ella.

JANET: Coroner's report?

Cause of death was manual asphyxiation - an accident.

There was no recommendation to prosecute.

I sense a 'but' coming.

A few weeks ago, Ella told her teacher

that Max laughed when her brother died,

and said, 'now I'm the butcher'.

'The butcher'? Hm.

Is that a wrestler?

Abdul the Butcher, Necro Butcher, Bill 'The Butcher' Mahood -

he has plenty of them.

Child deliberately kills his brother - that should be easy to prove.

Hm. Parents?

Virginia and Sean Gardiner.

They were playing tennis on their private court.

DOC's history? None.

No prior involvement with the police.

Let me guess -

wealthy, emotionally-distant kids raised by a nanny?

Quite the opposite. From what I've gathered, it's a really stable home.

What happened after the boy died?

Well, according to Ella's teacher, Max covered Jake with a blanket,

then he told Ella that if she said anything, he would kill her.

Lovely.

The parents found the body an hour later.

Ella was hiding in the tree house. Max was doing his English homework.

Was Max under ten when the death occurred?

Sorry, he's eleven.

Thanks to the imagined age of criminal responsibility,

and the presumption that a child's incapable of crime under ten,

you can't prosecute.

10 to 14, it's a grey area.

Doli incapax. I know.

Right.

Occam's razor. It really was an accident.

Or it was deliberate within the context and characters

of the wrestling game,

but Max has no real concept of death.

Or it was deliberate, knowing the permanent impact of death,

but through the immature understanding of an eleven year old.

Or he's a cold-blooded sociopath.

DAVID: From all accounts, you're handling the trial extremely well.

I've had a remarkable instructing solicitor.

A solid working relationship is vital.

Are you intending to continue the association after this case?

Tracey's talents are really wasted here. Aren't they?

I do hear ASIO's hiring.

Are you aware that we're pursuing the Attorney General?

You can't be serious.

Nicholas Quinn was served this morning.

And the public complains about police-response times.

The way your handling the Mervich case, I'd like to offer you Quinn.

I'm sensing a theme here, David.

Mervich, now Quinn. Both cases too hot for the Crownies to handle.

And who do you suggest handles this? Janet?

So I'm to do the DPP's dirty work.

This is an extraordinary opportunity.

Frankly I'm surprised you don't see that.

Because prosecuting the Attorney General of New South Wales

can't backfire on me.

We're still considering you for a permanent position here.

You'd make an excellent Crown.

So, when I can no longer make a living as a private barrister,

you'll put the food on my table?

So, is that a no to Quinn?

You'll go blind. What?

Reading in the dark. Tate reckons anyway.

I can't sleep. Mind if I watch telly, mate?

(Chuckles)

..specially in the club...

You guys don't know what you're missing out on.

No.

1900-HOT-POLE. Hot pole! Hot pole, get it?

Yeah. You like that.

TV PRESENTER: We have hot easterly winds in the west,

but for the south-east we've got cooler south-westerly winds

from the south-east and a high pressure system...

Oh, great idea. Skinny cap. Thanks, Richie.

Yum. Actually, this is mine.

Picture of generosity.

Um... you're not made of glass, babe.

This is for you.

Light bondage isn't cutting it for me anymore.

Yeah, can't wait. Don't you have something for me?

Oh! Yeah, sorry. Here.

Love ya.

You're such a disappointment. Uh? What did I do?

Richard, we're leaving now. I haven't finished my breakfast.

Baby? Don't you dare call me that!

(Door closes)

JOANNE: Ray decided to fence off around the house.

He liked to make us work.

No gloves, barbed wire.

The morning he left on the SES job, we were working on the fence.

Ray grabbed me by my hair. It was long then.

No cutting it allowed.

He called me a useless bitch.

Tore down my undies.

He liked to put it... you know, up the behind.

Did you consent to the anal penetration?

No, never.

Heather-Marie, she... I don't know, snapped.

Yelled at him to stop, and he did. I thought, 'we're gonna cop it now.'

But he just pointed to the fence...

..said if we didn't finish it, he'd kill us.

But he knew we couldn't do it.

He was serious this time.

So we tried to fix the fence,

but the morning Ray was due back,

my sister picked up the boltcutters and she put them in the kitchen.

Did you or your sister make a plan to kill Ray on his return?

No. We just wanted to... be ready.

She said the angels would protect us. Heather-Marie would take care of him.

I just had to distract him. ARI: What was Ray's reaction?

He said, 'I'm very disappointed, girls. Very, very disappointed.'

And then he went for her, and she just stood there.

So I screamed.

He said, 'You'll be sorry.'

Then Heather-Marie, she screamed.

And the boltcutters were in my hand.

I hit him.

Then Heather-Marie, she kept screaming,

and he fell down, and...

I must've hit him again.

And I looked over and Heather-Marie was slipping... on the blood.

She cracked her head, passed out.

I remember looking at Ray, thinking...

'I can cut my hair now.'

So I did.

ARI: And why didn't you tell this to the police originally.

The law doesn't care about women like me.

I didn't want to get locked up for something I had to do to live.

ARI: Thank you.

Turn away from the jury.

Orders from the finch face. You're the advocate.

Assault with a weapon. Scissors!

16-year-girl A had boyfriend stolen by 16-year-old girl B.

In retaliation, girl A held down girl B at school dance,

and cut off her jeggings with scissors.

(Mobile phone rings) Scrag fight ensued.

Jeggings? I know. She should be applauded.

What are jeggings? The new penis pants.

Here. You know, cousin of the leggings and meggings.

Alright. Jeggings.

Don't you wear those? (Phone rings)

Don't answer it. It'll be rude not to.

Don't answer it. (Phone rings)

Hey! Thanks, Tracey.

MAN: Down there, thanks.

Hey, do you think that little girl's Lina's witness to the child murder?

She's seven years old, she can't be interviewed on her own.

Mrs Gardiner, I can assure you that every measure will be taken

to ensure Ella feels safe.

Can't one of us be with her?

I'm sorry. We need Ella to go over her testimony

without any suggestion or coercion.

DYLAN: This is Lina Badir.

A witness-assistance service officer will be present the entire time.

JANET: Hi, Ella. My name's Janet.

I need to talk to you about what you told your teacher.

I'm Lina.

What's your rabbit's name? Buster.

Hey, that's a good name! How old's Buster?

Don't know. He was Jake's bunny. Jake's your brother, right?

He's gone.

Gone where? Heaven.

Do you know why he's in heaven?

Do you remember telling your teacher about a game

Max and Jake were playing? (Clears throat)

He didn't do anything. Who didn't do anything?

Max, and I didn't tell Miss Lincoln anything.

You didn't tell her what Max said?

Is that true or just pretend? True.

And what about Buster? Does he know what happened when Jake went away?

Ella? Is Max a good big brother?

I want my mom.

RHYS: When Ray left for the SES search,

did he give you any indication how long he might be gone?

No, he just told us to fix the fence before he got back.

According to your own evidence in chief,

you knew the area he was searching had a radius of some 200km.

Is that correct? I guess, yes.

Would you agree that a search of that size would take...

more than a few hours?

What has this got to do with anything?

Ray left both, his car and the keys, behind. Didn't he?

Yeah, but...

If your evidence about Ray's abuse is to be believed,

then you had the motive, you had the means and you had the time to escape.

But you chose to stay. It wasn't a choice.

You haven't given evidence that you and your sister were restrained

for the duration of his trip.

He always said if we ran, he would track us down.

I put it to you that most people would've taken that risk.

(Chuckles) Most people haven't been treated like dogs.

Like their body's not their own.

And you decided to end that mistreatment

by killing Ray on his return.

We were defending ourselves.

So it is your evidence, on oath,

that you had no alternative but to inflict fatal injuries

in response to this predicted threat?

He was going to kill us.

If I could direct your attention to exhibit P7.

Do you recognise this man?

(Gasping)

That's Ray. Yes.

I'm surprised you can. There's virtually nothing left.

ARI: Objection, Your Honour. I... I'll get to the point, Your Honour.

Your assumption, that there might be violence,

caused you to deliberately strike Ray to death

with eight frenzied blows to the head.

Does this look proportional to you?

Well, I can cross 'traumatising a child witness' off my bucket list.

We can't force Ella to talk.

And we were pushing the boundaries of coaching a witness as it was.

Well, now that she's changed her story, can we even proceed?

If we believe she's lying. What if she isn't?

Isn't confabulation the main issue with child witnesses?

You're suggesting she saw Jake die and created a false memory

of Max being responsible and threatening her.

Well, it's possible. Then why change her story now?

Scary police and lawyers might send her brother to jail.

Time to tell the truth.

But under your confabulation theory,

Max killing Jake is the truth she believes.

Wha... What if she's angry with Max because Jake died,

and she lies to get him trouble with their parents.

Yes, hand me a straw and I'll clutch it.

It's possible, but why would Ella wait ten months to lie.

Why wait ten months to tell the truth?

What else do we have on Max?

JANET: This is the original interview?

Hm. The morning after Jake died.

Max, do you know the difference between truth and lies?

Yeah, I'm not stupid.

Do you know why you're here?

Because of Jake. That's right.

Do you know what happened to Jake? He's dead.

Do you know what 'being dead' means? It means you never come back.

Do you know how Jake died?

Can you tell me what you and Jake were doing yesterday afternoon?

Your sister said she was watching you and Jake playing wrestling.

MMA. Ella wanted to play too, but... she's just a girl.

MMA is mixed martial arts, right?

It's pretty dangerous. Did you accidentally hurt Jake?

Max? It's not my fault.

It's OK, Max. I didn't mean to.

You can tell me what happened.

I... I was behind him and... I put my arm around his neck.

We were just pretending. Did he try and move your arm?

That was the game. I let him go, but he fell down.

I thought he was pretending.

How did you realise Jake wasn't pretending?

He didn't move.

I said his name, but... What did you do?

He looked cold, so I put a blanket over him.

Why didn't you tell your mum and dad?

I knew I'd get in trouble.

It's... it's not my fault. I didn't mean to.

He's just my little brother.

(Sobbing)

Well, he's pretty convincing. DYLAN: You stay here, OK?

Or an excellent liar.

Max was interviewed by a child psychiatrist today,

but I'm going to get a second opinion.

Paying for two shrinks? Tracey's going to love that.

This case is too grey to base a decision on one expert's opinion.

I am sick of having to justify research by crunching numbers.

Sorry. Blame the hormones.

Just the hormones?

I think I've recently realised that there's no guarantee

of what our child... Children, there are two.

..children will become.

You know, the amniocentesis doesn't test for autism, or deafness.

Or gayness. Or narcissism.

Or the desire to become a stripper. Stripper?

Or sociopathic tendencies. I could be incubating the next Ivan Milat.

Have the twins been stabbing you in utero?

Love's not always enough, Ash.

Not every serial killer is a product of an abusive home.

True, but nobody's born evil. Oh! You've been talking to Lina.

Everything comes down to how you were taught to behave.

That's a simplistic way of looking at it.

Brain scans of murderers in a US study proved

all had substantial damage to the frontal lobe,

reduced neural metabolism and abnormal asymmetries of activity

in areas related to the limbic systems.

Save it for court, honey. This case is...

Look, all we know for sure

is our kids are going to need intensive therapy.

How is this helping?

To cope with the embarrassment

of being utterly love bombed by their parents.

(Sighs)

(Train rattles)

'Ray Stone was undoubtedly a cruel and violent man.

But under the law, his life had value.

Joanne Mervich set herself up as judge, jury and executioner,

and in doing so, broke the law which was created

to keep us safe from primal, violent acts of revenge.'

(Pedestrian light beeps)

(Sounds of traffic)

Richard! Hey, I need your help.

I've tried everything. Sorry?

With Tatum. She won't forgive me.

I picked up on that. What is it that you've done exactly?

I forgot the anniversary of our first pash.

People have pashing anniversaries.

Last night, I even did the silk scarf thing that she loves,

you know, between the sac and the...

O... Oh, OK. I'm trying to pump here.

Sorry, that sounded less dirty in my head.

Look, guys like you get chicks in a way that guys like me don't.

I need your help. Please.

Look, I can't, you know. Tatum's in a category all of her own.

Look, if you help me, you can have the place to yourself

for the weekend, do whatever you like.

Seriously, think about it. Alright? Call me.

You look like shit.

I can't argue with your assessment. No sleep.

Joanne's evidence was as harrowing as expected, then...

And then Rhys ripped her apart.

Coffee? I can do decaf. How depressing!

How is the alien queen?

Queens. Sorry?

It's always a risk with IVF. Two?

You're hiding it well. For now.

I might have to get new robes made though.

Procreation is like a box of chocolate.

If we could test for every disease or antisocial behaviour in utero,

the species would die out.

Rhys giving his closing address today?

I actually attempted it myself,

hence the little bags under my eyes from lack of sleep.

Whatever the verdict, it'll be a media circus.

I hope you're prepared for that.

Yeah, the whole case has been a media circus.

Remind me, why did I leave corporate law again?

Because you wanted to save the world.

(Mobile rings) You up?

Time to save the world.

Ah! Good morning, Erin. 'Morning.

I attempted the closing address. Why?

I'm more than capable of walking the party line.

Well, thanks for all your hard work, but I'm fully prepared.

It's not necessary.

There was a time when you would've encouraged me.

As the briefed prosecutor, closing address is my job.

And I'm your instructing solicitor.

So much for a professional, working relationship.

What exactly do you want from me?

You're feedback, when your schedule's cleared.

Well, frankly, given your response to Joanne's evidence,

I'd be negligent to accept your closing address

as anything other than a hindrance to my case.

I think you'd be surprised.

The defence has argued that Joanne Mervich

is suffering from battered woman syndrome.

But that doesn't mean she couldn't form the intention to kill.

It is not a 'get out of jail free' card.

If this was a desperate act of self-defence,

then why did Joanne change her story no less than three times?

The truth is, her actions were not the result of self-defence,

or temporary insanity.

We have heard that Ray Stone beat and raped and intimidated Joanne.

But instead of fleeing this living hell with her sister,

she chose to stay for not one, but three days.

Three days, with open access to a car and keys.

Three days, to cold-bloodedly plan a murder.

The boltcutters that were used to bludgeon Ray Stone to death

were moved from their position in the farm shed to the kitchen

in preparation for his return.

Now, Ray Stone was undoubtedly a cruel and violent man,

but under the law, his life had value.

Joanne Mervich set herself up as judge, jury and executioner,

and in so doing, broke the law that was created to keep us all safe

from primal, violent acts of revenge.

This is bullshit! It was self-defence!

Madam, sit down!

Joanne killed to save her life. Remove that woman!

This isn't fair! Get your hands off, you pig!

He's a bastard, he deserves it. Joanne, we're on your side.

Jury, you will disregard anything said by that member of the public.

Her opinion has no bearing on your decision.

My apologies, Mr Crown. Would you like a short recess?

If it pleases Your Honour, I'll continue.

The role of juror is the highest form of public service,

not because it's easy, but because it's often very difficult.

We ask you to remember that you are triers of fact, not emotion,

and in this capacity, to convict Joanne Mervich

of the murder of Ray Stone.

I trust you will do as both, the law and your sound judgement, dictates.

Thank you.

Excellent closing address, Erin. Who would've thought.

You wanted feedback, there is it. Do I get a gold star?

OK, take your shot. You've been waiting for it. Let me have it.

You deliberately ripped Joanne apart.

That wasn't prosecuting, that was cruel.

I was doing my job. We're not the defence.

We're supposed to be ethical and have integrities.

I'm so sick of this idealistic bullshit!

You shouldn't have put me on this case.

You should have taken yourself off before it started.

Now, choose a side, Erin, and grow up.

Fuck you, Rhys!

Are you sure you know MMA?

Classic sleeper hold. Primarily, it's a blood choke.

Just... just back off a bit.

So, you pinch the arm together and assist with the free hand.

Compressing the carotic arteries,

and the jugular veins on both sides of the neck.

Alright, easy. No blood to the brain.

Cerebral ischemia. Unconscious in seconds.

But not usually fatal. Can we stop now?

But Jake didn't die from cerebral ischemia. It was asphyxiation.

Well, this hold can turn into an air choke if the subject struggles.

Go on, Rich, turn your head. Hmm... No.

Come on, don't be a pussy.

(Grunting)

Suddenly, it compresses the trachea and larynx,

interfering with breathing, causing asphyxia.

(Grunts) What the fuck is wrong with you?

Take it easy. I wasn't actually choking you.

Rich, are you OK? I have to get to court.

(Laughs)

See, that's what happens when you grow up without any male relatives.

Jake's larynx was crushed. Can an air choke do that?

Yeah, if Max is strong, absolutely. Poor kid.

You think it was accidental?

My cousins and I used to throw bricks at each other

playing war games. That's what boys do.

These kids were just unlucky.

Your Honour, we have photographic evidence that the victim suffered

a painful scratch along her leg

where the scissors were used to cut off her pants.

Jeggings, my apologies.

The assault and subsequent wounding

were witnessed by over a hundred other teenagers.

A teenage prank, which my client regrets.

In the resulting fight, she too was physically harmed.

With a slap, Your Honour, not with a weapon.

Bladed scissors are on par with a knife,

and the court has long held that the use of a weapon

aggravates the seriousness of an assault.

The judge'll be eating out of your hand.

Maybe I can help you with something too. What's going on with Conrad?

Nice job trying to casually slip that into our conversation.

There is a 99% chance that Con will share your couch tonight. Yes.

Why the 1%?

In addition to him being a self-centred idiot,

he's a fantastic fuck. Um.

I don't live in a bubble, Richard.

I realise most people don't celebrate the anniversary of their first pash.

Then accept the apology gift.

Why doesn't anyone believe me that it's not about getting a present?

It's about Con proving to me that he finds me just as desirable

as when we first pashed.

Truffle boxes and flowers don't cut it.

That makes... surprising sense.

Good luck. Remember, jeggings. BOTH: Jeggings.

LINA: As I'm sure you can understand, Dr Ramsden,

we're finding this very much a grey area.

With children it's always a grey area.

I understand you've only had time to assess Max, not his family history,

but can you give me a simple answer?

JANET: Thank you for coming in at such short notice, Dr Kos.

The police are getting impatient for a recommendation to charge Max.

The police like building up their hit rates.

Do I believe Max is capable of having murdered his brother?

Absolutely. Absolutely not.

I've been in this industry 17 years.

In that time, I've only come across two children

that I could confidently say show undoubtable,

incurable sociopathic tendencies.

Max Gardiner is one of them.

There's nothing in Max's statement to the police,

or in his interview with me,

to suggest that these actions were deliberate.

He showed remorse for his brother's death.

Any downplaying of his role in the death

comes from fear of being rejected by his remaining family,

and overwhelming guilt.

And how do you come to this conclusion?

Every drawing he did was dark, in subject matter, in colour choice.

Under questioning he lied compulsively and continuously.

He showed a remarkable lack of empathy

when presented with events and photos of others' suffering.

And he became verbally aggressive,

which I believe is in line with his choice of sport.

Playing rugby doesn't make you a murderer.

No. But the way that he described it

suggests he seeks out the weakest player to destroy.

I find asking children to describe

their top three wishes gives an insight.

His first wish was that his brother would come back.

His second was that his parents wouldn't fight anymore.

And the third? Fairly standard. He wanted a puppy.

Have the police canvassed the local community?

Well, they've interviewed his teachers and rugby coach.

Nobody has a bad word to say.

Talk to the kids, I guarantee they'll have another story,

and I suggest you get a history from the family too.

What should we look for?

Usual markers - pyromania, cruelty to animals, stealing,

speech, learning difficulties,

and an unhealthy interest in violent games and films.

Every marker points to Max suffering PTSD.

Mood swings, emotional detachment, self-loathing,

refusal to discuss what happened, they're all natural.

So, in your opinion, Max did not know what he was doing was wrong.

Not at all. Max is a scared, innocent child.

Absolutely, he knew he was wrong and he chose to continue.

Most children with behavioural problems are naughty.

Max is dangerous.

WOMAN: Tatum.

Tatum, it's for you.

Yes. Open it. (Others speak indistinctly)

TATUM: Oh! What's going on?

Tatum's going to call you. Whatever she says you gave her, agree.

(Indistinct speech)

It is! Show me, show me. What is it?

(All speak together) Oh! It's a photo shoot.

(Indistinct conversations)

Baby?

Say Max is a monster and we prosecute. What happens then?

There's no cure, no medication.

If we're successful, he'll be in juvenile detention,

away from the opportunity to hurt his family again.

For a limited time, where he learns how to be a better criminal,

and is then released back into society.

Recidivism amongst high-profile child offenders is rare.

I mean, look at Parker and Hulme, 1954.

What, the Heavenly Creatures murderers?

Pauline Parker is a Catholic riding instructor,

and Juliet Hulme is a Mormon novelist.

Well, a crime novelist. And what about Jon Venables?

Jailed at ten, released at 18,

jailed at 27 for possessing and distributing child pornography.

There are always exceptions to the rule,

and don't forget, he was labelled a sociopath at the trial.

I'm not being naive.

I know children are capable of evil acts,

but I do believe they are led, encouraged or forced by adults.

I can't see Max's parents leading, encouraging,

or forcing him to kill his brother.

Well, like you said, we can't discount any possibility.

Then let's talk to Sean and Virginia Gardiner.

We couldn't live in that house anymore.

The children go to new schools. We're trying to put this behind us.

JANET: I understand how upsetting this is.

Unfortunately, we're required to take the allegations

your daughter made very seriously.

She's only seven years old.

She still believes in the tooth fairy.

Are you aware of exactly what Ella told her teacher?

That Max laughed. They were playing a game, he thought he'd won.

He and Jake were always very competitive.

Understood. However, Ella also claims that Max said, 'now I'm the butcher.'

Does this mean anything to you?

Has Max experienced any difficulties at his new school?

Like what?

Lack of friends, learning difficulties, starting fights.

Don't all new kids get picked on?

What about troubles at home or medical history?

I'm sorry, I don't understand what this has got to do with Jake.

Has Max had any trouble with bed wetting or learning difficulties?

Could you just stop beating around the bush,

and just ask us what you really want to know?

Virg, they're just doing their job.

No, I just want to know exactly what you're insinuating about our son.

OK. One of the psychiatrists who interviewed Max

believes he may have antisocial personality tendencies.

Antisocial personality tendencies.

I'm not staying for this!

Yes, our son occasionally wet the bed.

Yes, he's had difficulties learning.

So do hundreds, hundreds of other kids.

We didn't meant to distress you.

You didn't see the way... he cried at the funeral.

Max adored his brother.

Just go... go to hell. Sweetheart.

(Sobs)

(Door opens and closes)

She still dreams about Jake, every night...

..that he's alive.

I wish I did.

Members of the jury, have you agreed on a verdict?

We have. JUDGE: Proceed with the verdict.

Members of the jury, on the charge of murder, how say you?

We find the accused, Joanne Mervich, guilty of the charge of murder.

(Gasping)

(Indistinct whispering)

JUDGE: Call security. We need an ambulance, quickly.

(Indistinct shouting)

How many women have to be beaten and raped before the law protects us?

WOMAN: There she is! There she is!

My sister was killed by a man like Ray Stone.

You're a woman, how could you do this?

We want to hear you explain how you could put Joanne away

for protecting herself.

I'm sorry. I had no choice.

Not at all. I'm just doing my job. There'll be no further comments.

Excuse me. Excuse me, we're coming through please. Excuse me.

(Indistinct shouting)

I hope you rot in hell! Did you hear me? You and Ray Stone!

(Shouting continues)

How long till the sentencing? Six weeks.

I don't envy Rosenberg the task.

Badrossian will undoubtedly appeal,

but for now you have my full permission to rest on your laurels,

until Quinn's committal.

You're prosecuting Quinn?

Not if I turn down the poisoned chalice.

We had a gentlemen's agreement. Didn't we?

How long before the committal?

Long enough for Quinn to prepare an extremely solid defence.

In the meantime, I've prepared an official press release.

The DPP is calling for tougher sentencing,

championing victims' rights, creating a voice for the voiceless.

Such as, say, parliamentary cleaners?

The Attorney General is just one of many briefs

we'll be pursuing with due vigour.

Erin, I wonder would you mind giving us a moment alone.

Close the door, please.

(Door closes)

I need a report on Erin's professional conduct.

She's not under review. Is she?

Crying in court, apologising to the accused's supporters

in front of the press? It doesn't look good.

No, but I can honestly say

she's the best solicitor I've ever worked with.

Lina. Mr Gardiner. Is Janet expecting you?

Actually he wants a word with you. Thanks, Tracey.

Hi. Um... Take... take a seat.

My wife, she's pregnant. I know. Congratulations.

And it's another boy.

Are you prosecuting my son?

Well, nothing's finalised,

but at this stage there's not enough evidence to proceed.

Max's class was... making books,

copying and illustrating their favourite fairytale.

When we found Jake, Max was drawing in his book.

Mr Gardiner, if you want to make an official statement...

If Max was given the same choice,

he would've been smart enough to take that apple.

Don't contact me at home please.

My wife doesn't know I'm here.

TATUM: Criminal history, custodial history, AVO.

For your bail application.

Aren't you supposed to be in court in 10 minutes?

Oh, shit! Who... who's the magistrate?

Um... Rowland, I think. Oh, shit!

You're welcome.

(Phone rings)

(Knocking)

You know Rosenberg'll take battered woman syndrome

into account for sentencing.

Joanne will be out in ten years.

And Heather-Marie's getting the psychiatric care she needs. I know.

Erin, I've spent a lot of time apologising to you recently.

Don't. You were right. I should've taken myself off the case.

Well, despite everything, I'm grateful.

Pleased that you stuck with it. It's been a real learning curve.

I'd like to be friends again, not just colleagues.

Friends? Clean slate.

Well, in that case, a celebratory post-trial drink? My shout.

Paula's waiting for me.

Raincheck it is.

Everything OK?

I've made us an appointment - a marriage counsellor.

We're seeing her tonight. Tonight?

Are we in that much trouble? Aren't we?

We both knew it'd be tough to find time together

once you started working.

Oh, come on! We both know it's not about that.

Paula, I'm not having an affair.

But?

Two weeks ago, after the view, she kissed me.

I didn't mean to, but maybe I encouraged her.

Why didn't you tell me when it happened?

You chose her for the case. You chose to take her on the view.

I expected you to be faithful.

I have been faithful. Physically.

OK, it happened. What could possibly be gained by telling you about it?

You know I wouldn't choose to hurt you.

Oh, thank you very much (!)

Hm... if I could drink, it would be a triple-vodka day.

You can have a sip. No, I'd never forgive myself.

In case that tiny drop creates a child like Max Gardiner.

I'm sorry. I haven't seen a case get under your skin like this for years.

Yeah, lucky we're not pursuing it.

You really believe that boy killed his brother?

After everything I've seen,

it's hard to believe in innocence anymore.

Try working at a high school.

One of the kids wrote a bondage scene for Sense and Sensibility.

Janet? Janet?

They're moving.

(Chuckles) They're really in there.

(Chuckles)

Still find it hard to believe in innocence?

(Both giggle)

(Gulls call)

TATUM: Isn't it gorgeous? It's very...

It's glamorous.

Its not staying there though, right? Is it?

Oh! Well, there were six others from the shoot. We could swap them around.

Yeah, maybe we could use the sci-fi theme.

This one's fine. Who wouldn't want to be us?

(Clears throat) Hm. Just as hot as our first pash.

I'll go get my other bag.

Mate, you are a legend. Thank you for organising those photos.

Oh, buddy! Have a great weekend and don't do anything I wouldn't do.

Oh, except a guy. I wouldn't do a guy but you can.

Thank you.

Richard. Hm.

I think we're bonding. Alright.

Are we going? Tatum waits for no man.

Yes. See ya.

Hey! (Both giggle)

(Sighs) (Door closes)

♪ I like them young I like them sweet

♪ I like them falling On my feet

♪ I like it hot I like it cool. ♪

Sake bomb. Classy.

There you are. I've been looking for you.

So, now you're being nice to me.

Despite your terrible taste in shoes, I'm always nice to you.

Except when you're giving me the cold shoulder.

Or when you leak an incredibly top secret file from my workplace,

but who's counting?

Come on, let me buy you a drink.

Any shot, any beer, as long as they combine in one unholy beverage.

How about you call me when you're sober?

Fuck off. Somehow I still like you.

Goodnight, Erin.

(Laughter)

What the hell was that?

(Continues indistinctly)

Erin.

One sec.

You OK?

Hm.

(Birds twitter)

(Groans)

(Exhales and sighs) 'Morning.

Oh, God! (Sighs)

Damn you, sake bombs.

We didn't. Multiple times.

It's a bit late for that, I think.

Plus I already know you're not a natural redhead.

Erin. It's OK.

No, it's not. It's not professional, or smart, or hygienic.

Hygienic?

Oh, God! Lina!

Hey, just relax. We're friends. OK? Get out, now.

What? Don't let Lina see you.

(Door opens and closes)

LINA: Could you make anymore noise last night?

I'm trying to decide whether the rhythmic banging against the wall,

or the 3am 'best of the 80s' soundtrack was my favourite part.

Sorry. I really don't want to talk about it.

Ah! Jimmy didn't even buy you breakfast. Classy.

It wasn't Jimmy. Then you know what I'm going to ask.

Did you fuck Rhys Kowalski in our house last night?

What? No.

Bullshit! Look, I know I'm friends with Paula but you're my Erin.

No judgement, just be honest.

You seriously need a life of your own.

My question still stands. Nothing to tell.

Wha... Erin!

(Sighs) (Door opens and closes)

'In the olden days, three children decided to play a game.

One was the cook, one was the pig and one was the butcher.'

'Now I'm the butcher.'

'The butcher cut the throat of the pig,

while the cook caught the blood in a pot.

The grown ups saw what happened and arrested the butcher and the cook,

taking them to the mayor.'

MAX (VOICEOVER):'Nobody knew what to do with the butcher,

until a wise man came up

with a special way to decide if he was guilty or not.

The judge would hold a red apple in one hand,

and a gold coin in the other.

The judge would ask the butcher to choose.

If he chose the apple, the children were innocent.

But if he chose the gold coin, the children would be put to death.

The butcher took the apple.

Everyone was happy and the butcher never got in any more trouble

for what he did.'

'Max would be smart enough to choose the apple.'

He knew exactly what he was doing.

RICHARD: You ready to give evidence?

I want this finished. I want him locked up, out of my head.

You're tougher than you think.

TRACEY: Witnesses are to be molly-coddled, not manhandled.

I didn't manhandle her.

You placed your hand on hers which could be construed as affectionate.

You can't take me off the case. Tina needs me.

The white board has spoken.

You need to tell us everything you can.

You know kids. They'd be terrified of you.

Max looks like a normal kid,

but if you really look, there's something else behind his eyes.

We have to take your husband's statement into account.

He's not even Max's real father! Did he tell you that?

Closed Captions by CSI

♪ You know I get up early I come home late

♪ You can crack that whip but I'm miles away

♪ I wonder how long I gotta stay here for

♪ Hell, glamour to the very core

♪ Singing what do I do? What am I to do?

♪ What do I do? What am I to do? ♪