Original subtitles

MAN: Jake Gardiner and his brother Max

were wrestling when Max strangled him. Coroner's report?

Cause of death was manual asphyxiation, an accident.

Max Gardiner is a bully and a troublemaker,

but we have no real evidence that paints him as a murderer.

WOMAN: It's right at the end of the tape.

He cries for three minutes and then just drops the act.

What happened is an accident.

None of this bullshit is gonna bring him back.

She's in denial! She's a grieving mother.

I reckon she'll crack if we really push her. No!

My sister has been arrested.

Heroin?

She needs help.

Andy Campbell will brief you on Mrs Wallace.

How many kids? Two. Drugged and smothered.

Shit. Sorry!

♪ Theme music

♪ What do I do Stand in a shop

♪ Waiting for that money to drop

♪ Stand all day on a concrete slate

♪ My feet all aching Don't get a break

♪ Singing what do I do?

♪ What am I to do?

♪ What do I do?

♪ What am I to do?

GROUP: ♪ What do I do?

♪ What am I to do? ♪

WOMAN: How long could we survive without water?

MAN: Three to five days.

And food?

Four weeks. Longer for me - I'm fitter than you.

(Laughs) You got the brawn, I got the brains.

I like your brain.

Erin could bring us supplies.

Erin has a very big mouth. Everyone would find out.

Yeah, tres scandalous.

What would Tracey say?

Eugh.

You could write me a sick note.

'Lina Badir has been struck down...

..with a highly infectious virus...'

(Laughs) ..'and is unavailable to work today.'

Yeah, I could do that. Mmm?

Especially if it means you're not going to be seeing Sherlock.

Dylan Thorne? Mmm.

I'm not a serial cop-rooter, Andy.

Just as well. My gun's bigger than his, anyway.

Oh!

I need him. He's helping me keep society safe

from the world's smallest psychopath.

(Mobile ringtone)

That is a really shithouse alarm!

(Laughs) I know! I sleep through it daily.

(Giggles) OK.

Up you get. You can't hide forever.

We can try.

Hey, Harry. Lydia's run away with Wickham.

(Sensor beeps) (Sighs)

Silly girl. Bringing her family into disrepute.

I don't know. You gotta look at the parents before you blame the kids.

Not always, Harry.

Janet's not in yet, is she? Been here since 7:00.

Oh, shit!

They've been in there for some time. (Sighs)

Too much extra-curricular activity to hear the alarm?

You, moral high-ground? No leg to stand on.

Serves you right for having sex.

Who's having sex? BOTH: No-one.

So the end of the police interview, Max switches off his grief. Sorry.

Not exactly evidential gold.

True, but it's persuasive to a jury that he's faking it.

Aside from whether there's enough evidence

for a jury to convict an 11-year-old,

the issue at the committal

will be whether Max knew what he was doing was seriously wrong.

Max is in State care,

and Virginia is now split from Sean, living with Ella.

Really? That's new.

Your husband trying to get your son put away will strain the marriage.

Yes, Harry?

What, now? No, OK, that's fine. Thank you.

I think I'm going mad.

I keep reliving the past where

everything's the same, but different.

Ella had this blistering rash years ago when she was two,

and the doctor had no idea what it was.

He thought maybe it was bullous impetigo.

But now I'm thinking what if it wasn't?

What if it was a burn?

I... I didn't see her get burnt,

but what if...

I haven't been a good mother.

Virginia.

I drank when I was pregnant with Max, OK?

Not just a glass of wine at dinner.

We were on holiday in Mauritius. I didn't even know I was pregnant.

We were smashed for weeks.

Lots of mothers drink before they know.

Did you?

Lots of mothers don't have affairs.

Lots of mothers don't allow their family

to be completely and utterly destroyed.

I miss Jake.

(Sobs) I miss him. I miss him so much.

None of this is your fault.

What am I going to tell this child?

(Sniffles)

Virginia, why are you here?

Max...

Max?

I keep all our family photos on my laptop,

and last night I found it in his room.

And what had he done?

(Sobs) He...

He'd erased Jake's face.

Somehow he'd blacked it out in every photo.

I mean, maybe Max was... Maybe he was...

I can't talk about this to anyone.

What would I say to my mother, to my friends?

I just... there's just nobody I can... nobody I can even...

If you're having doubts, any at all,

then coming in was the right thing to do.

(Sobs)

It is po... possible.

It's possible Max...

..killed Jake.

Deliberately.

But I'm not sure. I'm not sure.

I mean, how can anyone know? But you do...

Nobody could know. You do think it's possible.

Virginia?

Yes.

Maybe.

(Sirens wail)

So this guy, Mr Hush, right?

He burns down his ex-wife's home...

Conrad is such a prick sometimes.

He's dropped his wallet and left a petrol can

with his fingerprints on it.

You saw him. He ate all of my cereal. All of it.

And two witnesses saw him do it.

Did you hear me? I had no breakfast.

He's totally taking me for granted.

Ah no, he's not, Tate. He is.

I can't even remember the last time he said I was hot.

He said it this morning. What if I'm not?

What?

Hot anymore. Am I?

Uh... Yes, you're...

you're very...

very... nubile.

Well, you know what I mean.

Whatevs.

Sorry, what were you saying about psycho petrol guy?

Nothing. Just that it's up for a mention today.

Well at least you have something good.

When the Finch Grinch dies and is resurrected,

I hope she comes back as an STD.

I've got the most boring fraud.

When am I going to get a juicy murder,

or at the very least a manslaughter?

When you're Janet King. You're not and you got a murder.

And he keeps getting good stuff.

MAN: Have you seen Muffin Man?

Uh, he was with David. Check this out.

Tracey just gave me a trial listing notice for the Wallace case.

The kid-smothering Mum.

I thought she was in the loony bin. Not anymore.

Taking her to the Supreme Court. See? Tony!

Our mother smotherer just got listed,

so I was thinking I should start reviewing the chronology,

summary of the forensics. That won't be necessary.

I've been talking to Vernon. We're working through a plea.

When did the defence offer a plea? They didn't.

But you just said that... No, I didn't.

OK, I don't understand.

So pretty, and yet not the brightest crayon in the box.

She smothered her kids, and you offered a plea to the defence?

Mrs Wallace will plead guilty to murdering her children,

and the DPP will make a recommendation to the judge

for a reduced sentence. Easy, see?

This is the Cavafy homeless murder all over again.

Cavafy! Cavafy! Yeah, you ran out of that one, remember?

No idea what you're talking about.

Did you get that defendant to change his mind, too?

God help the next poor bastard who wants a fair trial.

You want to talk about backflips?

You were running around saying Mrs Wallace was mentally impaired.

Well she's not now. The hospital psych said she's healthy

and the committal judge found she should be tried.

Do you really care about justice for the kids, Ben,

or you just don't get to dazzle the court with your McMahon brilliance?

We're taking the plea. Well I think you're wrong.

Tell it to someone who cares.

(Sirens wail)

G'day, mate. When you on?

Any minute now. There's a big list. You?

Oh, covering that big trafficking case, Court Two.

Judge has been reading submissions for an hour.

OK, then.

Oh, you're kidding me. Ten bucks that's my defendant.

Determined to plead not guilty to three counts of arson.

(Laughs) Good luck, mate.

Oh, hey. (Both chatter indistinctly)

What's your take on Rosenberg?

The man drowned my phone.

Wait, Julie, please.

I never meant to upset you.

I know.

I'd really like to see you...

You need to make a second statement to the police.

Detective Thorne can assist you,

and he also needs to collect that hard drive.

But I've already made one.

Well in your first statement,

you said that Max wasn't responsible for Jack's death.

Your new statement needs to outline everything you've just told us.

Essentially, that you believe it's possible

Max deliberately killed Jake.

Yes, but that's it. Possible.

I'm not saying that I think it definitely happened.

You still need to make a statement.

Virginia, it's a brave thing you're doing.

The defence are going to have a field day

with the fact that you made a prior inconsistent statement.

They're going to try and discredit you

as a witness by arguing that your evidence is unreliable.

To counter this, we need you to be really firm with your answers.

Tatum, could you please show Mrs Gardiner out?

Virginia, one more question.

Did any of your children know that Sean wasn't Max's biological father?

Jake found out.

He overhead Sean and I arguing, but I don't think that Max knew.

We asked Jake not to tell him and Ella.

We didn't want him to feel any different from his siblings.

Thank you for coming in.

I appreciate this hasn't been easy.

(Sighs) So I guess we have a real chance of going to trial.

Still a far from persuasive case.

What, am I suddenly a receptacle

for all our staff's second-hand maternity clothes?

But surely Virginia's backflip and the photos will strengthen the case?

Who in their right mind?

I'm having a child. I'm not turning into one.

Let's see what her statement says first.

Her evidence in court is what matters,

and the photos are at the very least arguable.

Is it strange for you? What?

Because Virginia's pregnant too?

No. Why would it be?

How would you like to help me prep the Gardiner brief for committal?

Uh, no thank you.

It's worth two bail apps and a mention.

Three bails, two mentions. Alright, fine.

Oh, what a mess! I know.

So Sean thinks Max should be prosecuted,

and Virginia was adamant he shouldn't but now thinks he should.

And to top it all off, they're both paying for Max's barrister.

Virginia said she wants him to have a fighting chance.

While she helps put him away?

Isn't that a bit sick? You know she's having another boy?

Mmm.

She's doing the right thing.

I know Janet's not convinced, but just between us,

she's wearing her mother hat, not her lawyer hat.

You're dead if she hears you say that.

See? Creepy man-child eyes.

Really?

I think he looks... No, you're right.

Psycho Smurf. (Both laugh)

God, can you imagine having to stand up in court

and give evidence against your own family? Poor woman.

Much as Tariq has given me plenty of reasons to want to lock him up, no.

I can't imagine how horrific that would be.

How is our fiery young friend?

I've hardly spoken to him since graffiti night.

What's so urgent?

I don't know. I haven't seen you in ages.

Can I have a hug?

(Laughs)

Peace offering.

What am I, a cliche?

Just eat it.

So, what's been happening?

I've been busy. Doing what?

I'm not in trouble, OK, Lina?

Alright. I wasn't having a go.

Tell me. I don't know. Study. Work.

Salwa. Salwa?

My girlfriend. Since when?

A month. Where? How?

She's, um, Fadi's sister.

Good Muslim girl then?

Yeah, of course. Can I meet her?

Please? (Sighs) Yeah, OK.

We'll do dinner.

Tomorrow night.

Sounds good. Bring someone.

Like who? Are you still single?

You should find someone before your ovaries dry up.

Thanks. I'm just saying.

You're not so young anymore.

Kiss me, Erin.

Jimmy, what the fuck? Kiss me.

Are you on drugs? Go away!

Just one. I'm not kissing you.

You have before. And then some.

Not at work.

OK, then, drinks. I want to celebrate.

Why? Sorry.

Classified.

Gar's Bar, my shout. I can't.

I've got too much work to do.

No-one lies on their death bed and wishes they'd worked more, Erin.

Goodnight.

Fine, but I'm not drinking tonight.

No, it's true. I would rather my child was murdered

than become a murderer. Seriously?

Well, yeah, because as the parent, you'd forever blame yourself.

Yeah, but some parents give their kids everything

and they still fuck up.

The Menendez brothers, that Nepalese prince

who took out his family, Matthew Wales.

You're talking about kids who had material wealth,

but who were also under intense parental pressure

to do well academically and all that.

Max Gardiner just doesn't fit the profile of a child killer.

Everybody wants to blame the parents these days. Boring.

Yeah, well, some parents are to blame.

That's a cop-out, Erin.

Don't do the crime if you can't do the time.

He's a child.

So was Jake Gardiner.

Tell you what, Ms O'Shaughnessy,

let's have a toast about not talking about work.

Are you sure there's no alcohol?

Not a skerrick.

Eugh, not as good as the real thing.

Sometimes a different taste can grow on you, if you give it a chance.

You are such a class act.

(Mobile phone rings)

Mate.

Yeah, I told the subby I've got two sources,

one at the RTA, the other, can't say.

But trust me, mate. The story's watertight.

Yeah, nothing like a deviant judge to keep things interesting.

Alright.

Yeah, see ya, John.

Tell me! Which judge?

What? Who?

Jimmy, come on!

You're gonna have to work a little harder than that.

Jimmy Butcher strikes again.

'Serial driving offender and Supreme Court Judge

Justice Eli Rosenberg's vehicle

was photographed going through a red light camera at 2:00am

at the intersection of Military Road and Belmont Road.

After being issued with a 361 red light infringement notice,

and the impending loss of his final demerit points,

Justice Rosenberg has claimed a female friend

was driving at the time of the offence.

Which friend? Doesn't say.

Naughty Rosie. I want to know who his lover is.

Clearly it's not his wife.

My money is on Annabel. His secretary?

Place your bets, people. Later.

I'm not betting. You rig it. I never win. Why don't you ask Tony?

Well, Tony can kiss my arse.

I don't want to bet. The odds are amazing, Erin.

Ben, it's Julie.

Julie was with Rosie that night.

At two in the morning? There's no fucking way.

I thought you should know.

What, according to who? Jimmy Butcher?

I can't tell you. What?

This is fucking bullshit.

What, you're saying that she's banging him?

You're jealous. What?

Well, we banged, so what?

Don't start spreading slanderous shit about Julie

just because you showed me your lady bits.

Are you sleeping with him? Have you heard of knocking?

Are you sleeping with him? I am not answering that question.

Give it a go. Yes or no? Firstly, I'm not sleeping with my judge,

and secondly if I was, it would be none of your business.

How did you know it wasn't me?

The 25th. That was the Friday before the long weekend, yeah? Yes.

And you said you were staying with your parents at the Blue Mountains,

so I cancelled dinner, you remember? Yeah.

Because you were with him. No!

So then what's this?

How many times did you dump him to see me? None, Ben.

I've never lied to you. I was at my parents', I swear to God.

So you're telling the truth about staying at your parents' place,

but you're lying about seeing him at two in the morning.

Why would you lie for him?

You've never even had a parking fine, Julie!

Did he force you? No, of course not.

So tell me why you'd perjure yourself, risk your job,

your reputation, everything, unless you were sleeping with him.

Give me something, Julie!

Were you fucking both of us during the Cooper trial,

or was I just an afterthought?

Leave it. Ben, leave it.

I hope he was worth it.

(Smash!)

(Door slams)

You're such a prick sometimes.

You were there too, you know.

Was I? Don't remember.

Can't have been too mind-blowing.

I am not just another notch on your bedpost.

I am a class act.

And you know what else? I'm seeing Jimmy Butcher, and he's a guy,

with good intentions, who likes me a lot.

So shove that up your bit, Ben McMahon.

I don't understand why he had such a go at you.

Because he thinks the world revolves around him.

Do you think Julie really is having an affair with Rosie?

Well Jimmy's suss she is. And you believe him?

He's got no personal stake in it. Why would he lie?

Besides, he saw them having a lover's tiff.

(Mobile phone vibrates)

Mmm. What?

Text from Dylan. Swoon!

Shut up.

Well, you're allowed to look.

Tell Andy that.

Judgezilla would have to have rocks in her head

to discharge the Gardiner case now that we've got Virginia onside.

You got Hansby? She's vicious.

I know. Good luck.

I've gotta run. You OK?

Mmm.

Erin? Jimmy Butcher.

What about him?

I'm not sure fraternising with the media is a great idea

right at the moment, now that David's managed

to convince the court to move the Quinn trial forward.

Right. Erin...

What?

If you're going to continue seeing him,

you might like to be a little more discreet, that's all.

As the prosecutor for Quinn...

As David's sacrificial lamb, you mean.

I need to know that nothing will undermine the Crown case,

especially not more media attention. Understood?

(Horns honk)

Oh, this is gotta be quick.

I have so much to do for the Gardiner committal.

I'd never tell Lina this,

but it wouldn't be bad if it got chucked out.

It's just wrong seeing a child in the dock.

I mean, he's 11 years old. 11.

And even though he probably meant to hurt Jake,

I just can't believe that he truly understood his actions.

If I were Virginia, I'd be moving interstate to start afresh,

get Max the help he needs.

Just pack the family up? Just the kids.

What about the father? No, they're separated.

Right, so you just leave him behind?

I'm suspicious of Sean's motives in wanting to go after Max anyway.

Because he's not Max's real father?

So unless a parent conceives a child,

they couldn't possibly have their best interests at heart?

Come on, Ash. The same does not apply to us.

OK. So you can make a concession for me, but not for your case?

This is a completely different scenario.

Virginia had an affair, and Sean's behaviour changed towards Max

from the minute he was in possession of that knowledge.

If you say so. Bub!

Let's just talk about something else.

Sorry to keep you waiting, Sean.

Ella admitted to me that Jake was goading Max

the day that he was killed.

She said that Jake had been teasing him, telling him he was a bastard.

He said Max wasn't a 'true blood',

and then Ella said that she warned Jake to stop telling.

So they all knew Max wasn't your child?

Yeah.

I haven't got Ella to sign this as a statement yet.

Yeah, well I don't think she'll retract this time.

She feels safer without Max around.

Do you think the defence will use this to argue provocation?

If their 'it was all an accident' argument falls flat, they might.

But we could use it for arguing motive and therefore show intent.

But to do so, we'd have to prove that Jake's conduct

induced Max to lose his self-control.

Do you believe me now?

Now that Virginia's been in, do you believe me?

How much more does she want?

A written confession in blood from Max?

Mmm, could you get one? I am a member of the CSIRO alumni.

Uh, good for you.

Something that might help change our fearless leader's mind.

Let me know how it goes.

(Door opens and closes)

Brain scans.

This study scanned the brains of known psychopaths

and they all showed reduced frontal cortex activity.

FMRI technology.

Max's bullying started when he was really young.

Difficult to prove. His problems could be hardwired.

It's a marker.

Alright.

Say we have Max scanned and he matches the sociopathic profile.

What then? Well, it's further proof of the 'born bad' argument.

We could use this science if we go to trial.

It doesn't solve our problem, Lina.

It wouldn't be proof that Max deliberately killed Jake,

only that he lacks empathy.

And the impulse control that would have stopped him killing Jake.

Do you remember my Estonian DNA matter?

Uh... yes.

The defence argued that the defendant had a genetic defect

that gave him a predisposition to violence he couldn't control.

By their reasoning, anyone can use their physical make-up

as an excuse for their behaviour.

This technology, it's seductive.

I can see why you'd want to use it in court.

It's a compelling visual gateway into the psyche.

But think it through to its logical conclusion.

Where does it leave us? We identify nascent psychopaths like Max.

And do what? Have them killed?

(Laughs incredulously) Treatment, or quarantine.

It's neural eugenics, Lina.

A more advanced form of the old phrenology,

where we define difference using science.

I know the first one to mention the Nazis loses the argument,

but read up on Dr Mengele sometime.

A child and his brain are not raised in a vacuum.

Somewhere along the way Sean and Virginia could have intervened,

and they didn't. Sean tried.

Not hard enough, it seems.

(Keyboard clatters)

Oh, and Lina, I wouldn't be too swayed

by Detective Thorne's musings on this case.

Handsome though he is, we never take police briefings uncritically.

Mate, I can only go on what my sources tell me,

but they're pretty reliable.

Ah! Here she is.

I'm late for court.

You could go to court, or you could tell me your side of the story.

I don't know what you're talking about.

What did Ben say?

I know it wasn't you in Rosie's car that night.

It WAS me. We were coming back from dinner in the city.

Julie, Rosie made you sign that stat dec for him.

I'm a reporter.

Eyes and ears everywhere. You owe me.

You'll never get inside a court again.

Full story's going in tomorrow's paper.

(Desperately) No. No, don't.

The angle'll be about his corruption. You're not to blame.

My article will make that very clear.

Well can't you leave my name out of it?

Sorry, that man is in charge of people's lives.

Can't even keep his own hands clean. Jimmy, please!

Please, don't do this. You'll ruin us both.

Just doing my job.

I received your email regarding the Wallace guilty plea.

Tony's right. We should accept.

Yep, I get it. Tony doesn't do dead kids.

Or mother smotherers.

I'll be recommending something in the mid-range of a custodial sentence.

If the committal judge thought Mrs Wallace should be tried,

then shouldn't we be honouring the court's assessment?

We are. By accepting the plea, we guarantee the outcome

and avoid the cost and stress of what could be a very long trial.

Don't you think we're better off securing a reduced sentence now

rather than put her in front of a jury that might acquit her

on the basis that she's completely unstable,

or that she's suffered enough?

There's no specific deterrence,

there's hardly any general deterrence, Ben.

You said so yourself.

People don't usually smother their kids.

There's enough to go on, David.

She sedated her kids.

She knew what she was doing was harmful to them.

She attempted suicide, which indicates guilt,

and she locked the dog in the laundry which implies intention.

The eighteen carefully considered reasons

Tony has given for us to accept the plea.

(Sighs)

Mrs Wallace will still go to jail, Ben.

She'll get, what? 20 years.

More than the combined ages of her dead kids.

Now it doesn't bring them back, but she's ruined for life.

So is her husband.

Now you tell me, is Tony Gillies still wrong?

Alright, what's the big emergency?

These phone intercept transcripts for my Linton drug case tomorrow.

They're completely indecipherable.

You're the resident TI expert.

I don't want to be known as the world authority on phone intercepts.

Please. I want to be the world's most dazzling trial barrister.

A jurisprudential tour de force.

Beauty and brains all wigged and gowned in one irresistible package.

Lovely. But what do I do with all these columns?

If I'm still doing this in five years time, please shoot me.

Only if you shoot me first.

Alright.

It could be worse. You could be Ben.

He's had to take a plea on his mother smotherer.

Sounds like that's not the only place he's had to take it.

Couldn't have happened to a nicer guy. OK, watch, learn.

Mmm. Behold the mastery.

Date, time, direction.

Sorry, what's direction? Direction of the call.

So did Linton call the informer, or did the informer call Linton?

Here. Linton arranges for one of his runners

to drop three grand off to Lee.

Lee is in the car with Morgan, who has two kilos of heroin.

If Linton has three kilos and Lee has four, how many does Morgan have?

Do you want my help or not? Yes.

Then...

They know.

They know that I wasn't driving.

That I signed the stat dec.

It's going to be in tomorrow's paper.

But I checked the red-light camera image of the car

at the Debt Recovery Office's website. It's blurry.

You can't see at all who's driving.

Just tell them it was a mistake. They'll understand.

They won't. Everyone trips up sometimes.

Not judges.

What are we going to do?

Take this down.

'To whom it may concern.

I am writing to offer my sincerest apologies.

I was mistaken in my initial statement

when I identified Julie Rousseau as being the driver of my vehicle.

It was in fact Julie Rochester

who was driving on the night in question.

Julie Rochester is a friend of the family,

who has since returned to her, uh...

backpacking tour of the world.

We had all dined together in the city that evening, when I...'

Continue, please.

Julie.

Let's just finish this and be done with it.

Look at me.

Please.

When you asked me to help get your sister

into the diversionary program for her addiction,

I knew it was only because you had nowhere else to turn.

We look out for each other, don't we?

Help me, for the last time.

I promise I won't ask again.

I can't undo this now. It's too late.

Julie, please.

Please!

I'm so sorry.

(Door opens and closes)

Oh, I'm meeting Tariq for dinner. You want to be my date?

Oh, no, thanks.

I'm all dated out after my date with the Jimmy the Butcher.

Prosecuties.

You did not just say that. (Laughter)

I was just coming to find you.

I've got a craving for margherita pizza.

Oh sorry, we've already made plans.

You hitting the town? Oh, no, just dinner.

Girls only.

Oh, OK. No worries.

Well, another time? Mmm.

Catch you later.

(Sighs) I can't take him.

Tariq would be a nightmare.

Your grave.

(Doorbell tinkles)

Hey.

Lina, Salwa.

Salwa, this is my sister, Lina. Hi, sweetie!

Oh!

Um, nice to meet you, Salwa.

(Clears throat)

So, Salwa, Tariq's told me a bit about you.

What are you studying? Biology.

Oh! At Tariq's uni?

No, at Year 11.

Great!

Great. That's... that's great.

Year 11, it's... it's a good year.

Make sure you do all your assessments.

They... they really count.

Tariq said you're, like, in the courts and shit?

Ah, yes, sometimes.

I'm a lawyer, at the Department of Public... uh, Prosecutions.

(Tersely) Can you take my coat, habibi?

Sorry I'm late everyone. Hey, man.

(Both speak Arabic) Hi, Salwa.

Mustafa, this is my sister, Lina.

Let's sit.

I... I didn't realise you were joining us, Mustafa.

Three's such a lonely number.

Would you like to see the wine list? God, yes.

First we'll start with a red and then we'll have a white, with...

Uh... Just a mineral water for the table.

So Lina, tell me about yourself.

I hear you like to lock up bad men.

So after we left Iraq in '92, we came here.

My father was out of work for three years.

We were on government assistance, which he hated.

Eventually he got work driving cabs at night,

but my mother thought this was too dangerous,

so he switched to cleaning offices.

Back home, he was a surgeon. One of the best.

Well, has he ever been able to work as one here?

No, unfortunately. I'm sorry.

Don't be.

At least we are all together, and alive. (Speaks Arabic)

(Salwa giggles)

♪ DANCE MUSIC

(Giggles)

Would you like to dance?

Come on, Lina.

You can dance.

Oh!

(Laughs)

What the hell, Tariq?! What?

Oh what, what?

I do not need romantic assistance from you.

Mustafa is tops. You were so arctic.

You don't have to be such an ice queen. I was not!

What's wrong with him? He's smart, he's funny, he's a doctor.

Well, exactly. He'd be too busy for a girlfriend.

He's Muslim.

That's not the only thing that matters.

And he's a good dancer.

Yeah, but...

Uh... He's got a big nose.

And it's underlined. You are so shallow sometimes.

Oh, that's... that's really good coming from you.

Miss Underage Stripper over there. She's 17. She's still at school!

You always judge people on the surface, Lina.

This is why you're single. Salwa's great.

And she's so Muslim. Yeah, she is.

Clearly. (Scoffs) Are you sleeping with her?

This is why no man will have you,

because you're an intense, uptight crazy motherfucker

who believes the worst in people. OK?

(Speaks Arabic)

Fuck!

(Train passes nearby, dog barks)

More.

(Both chuckle)

So is it back, then?

What? The moustache?

I don't think it ever really went out in the Middle East.

Moustachafa was nice, though.

He was actually pretty lovely.

Mm, Moustachafa sounds perfect, for someone else.

What about Jimmy?

Oh, he scares me.

He's shifty. Tentacles everywhere.

He did more digging on Rosenberg.

Apparently Rosie signed a second stat dec

claiming it was a Julie Rochester and not Julie Rousseau

who was driving his car that night.

Methinks he doth protest too much.

The police are looking for her. He's claiming she's gone overseas.

It's all very dodgy.

God, I hope they find her.

Yeah, for Julie's sake.

She's still going to get into trouble

for signing the first stat dec.

Poor bastards. Look at them.

Nothing ages a person like a jaunt through our criminal justice system.

Sean really came through with the goods, though.

Talking to Ella. Her new statement's very compelling.

Do you have children, Dylan?

Only in Addis Ababa.

But that's a strictly charitable relationship.

None of us would ever have to do this if we were in Norway.

The legal age for prosecution there is 15.

That seems a bit too far the other way.

Is it?

Mummy!

Max! Oh, darling.

Darling, it's alright.

(Sobs)

It's going to be alright.

It'll be alright.

It's gonna be alright.

You'd better... go.

You go with the lady. No!

Max. No!

Max. Please, darling, go with the lady.

Max. Max, listen to your mother. Go with the lady.

Shh, come on.

Come on.

It's alright, darling.

Max?

I love you.

Are you Mrs Virginia Gardiner of 168a Levick Street, Eastgardens?

Yes.

And could you please state your occupation

for the court, Mrs Gardiner.

Mother.

Are you the biological mother of Max, Jake and Ella Gardiner?

Yes.

You've made two statements to the police, correct?

Mrs Gardiner? Yes.

You've read both statements,

and you wish to rely on your second statement, is that right?

The contents of your second statement are true and correct?

Mrs Gardiner, are the contents

of your second statement true and correct?

Please answer the Crown's question, Mrs Gardiner.

(Virginia sobs)

Was that an answer? (Sobs)

Mrs Gardiner, you will answer the Crown's question.

I can't. Why not?

I'm his mother.

Your Honour must consider that Mrs Gardiner, as Max's mother,

is not compellable to give evidence in criminal proceedings.

Did you tell Mrs Gardiner her rights prior to entering this court room? Yes, Your Honour.

Any objection concerning compellability must be made

before the witness gives evidence, or as soon as practicable

once the witness is aware of the right to object.

Yes, Your Honour, but Section 18 of the Act...

Don't Section 18 me, Mrs Warden.

That witness knew what she agreed to,

and she has waited until now to disrupt my court.

My duty is to ensure the interests of all parties

are met at this hearing.

Your Honour, I am, to say the least, frustrated

that you will not let the witness...

She will remain where she is and she will give her evidence to the court.

Mummy!

I love you. Max, darling. Mr Gardiner, please be quiet.

Mummy, please. Mr Gardiner, please be quiet.

It's alright.

Your Honour cannot force Mrs Gardiner to give evidence.

It's unconscionable and it's unfair to the witness.

(Whispers) Janet!

The Crown is in agreement with the defence over this issue.

Leave my Mummy alone! Max!

I wanna go home! Max! I'm coming.

Mrs Gardiner, remain in the witness box!

I wanna go home now!

Excuse me. Please let me past!

Mummy! Get out of my way!

Max! Mummy!

This is an assault and contempt of court!

Virginia, please! Max! Mummy!

I'm sorry, darling. Don't pull me!

Don't touch me! Max!

Let go of me! Let her go!

Max! Mum!

The matter is adjourned for one hour.

Let go of me! (Door slams)

At the DPP, it doesn't matter if we have conflicting views on cases.

It's inevitable. But up there, we are always a united front.

Yes, I'm sorry.

Am I going to be charged with assault?

No, the court officer will not be proceeding.

Oh, I'm so sorry.

I have no idea what happened out there. That's alright.

We'll declare you an adverse witness

and you won't have to give evidence against Max.

Oh, thank you.

So what happens now?

We'll go back up and finish the committal.

So Rosie's been stood down by Chief Justice Gibson

while the investigation's on.

Police couldn't find Julie Rochester, hey?

No surprises there.

Apparently the cops have CCTV footage

of Rosie filling up at a servo and there was no passenger.

His hubris finally caught up on him, hey.

He's a better man than you.

He's an administrator of the law, Julie, and he broke it.

So did we, Ben. Or have you forgotten Cooper's trial?

I know you spoke to Jimmy about me.

I didn't say anything to Jimmy.

I saw you. I told him nothing.

He told me that your E-tag was clocked

going through the toll booth that night

on the way to the Blue Mountains,

and that you and Rosie took the stat dec

down to the Justice of the Peace and had it witnessed.

The JP must have tipped off Jimmy.

Why didn't you tell me?

Because I thought that you and Rosie were...

Oh! He took all the blame, Ben.

He's a great judge, and he cares about what he does.

I helped him because he's been good to me.

Why, though? I don't get it.

The fine was nothing.

He might have lost his licence for a few months

but now he's likely to be tried for perjury,

attempting to pervert the course of justice...

I don't know why.

But I know he doesn't deserve to lose everything

because of one stupid lie.

Have you got your new judge yet?

I'm waiting to hear.

Well, come to the pub. I'm meeting the others there.

I don't think I want to see anyone.

(Mobile ringtone plays)

(Groans)

(Rejects call)

Hello. My name's Ben and I say inappropriate things

in the heat of the moment to people I care about.

If I buy you a drink, will you agree to stop the silent treatment?

You were awful.

You would never just be a notch on my bedpost.

(Mobile phone ringtone plays)

I'm sorry.

(Rejects call) Creep.

I can't believe he named Julie.

You can buy me a Virgin Mary.

As my lady pleases.

Are you going to go running to David

every time you don't agree with one of my prosecutorial decisions?

Because if it comes down to you or me,

I know who'll be staying at the DPP.

I never thought Judgezilla

would commit Max to trial after you challenged her.

It's outrageous, wanting to proceed. She should be stood down.

OK, let's call it a night.

And thanks for all your help, you two.

(Taps on glass) 'Night!

'Night.

(Laughs)

Lina. Judge.

There's nothing like a fall from grace

to teach you who your friends are.

I'm so sorry.

I am the leper of the legal world.

Well, what will you do?

Spend some long-overdue time with my family.

And Julie? Julie will be cleared.

I've made sure of that.

My life's work.

Everything.

It will all count for nothing if they send me to prison.

Though I will be reacquainted with some old friends.

More than a few inmates will recall exactly who put them there.

People know the good you've done.

Even so, they will make an example of me.

Uh, keep in touch, Eli.

You were always one of my favourite advocates.

And remember, truth is truth, to the end of reckoning.

(Siren wails)

A drink to ease your troubled mind?

Yes, I'm thinking compressed grapes in a liquid form.

You know if you do get drunk, I can't promise I won't take advantage.

I'd be offended if you didn't.

(Laughter, chatter)

(Clears throat)

OK, alright.

You go in, usual routine.

Yep. I'll follow in ten.

OK, sure.

(Chatter)

Andy?

(Colleagues chatter and laugh)

Are you sure?

We can't hide forever.

(Both laugh)

Your Honour, despite the regrettable comments made on radio

earlier this morning,

the prosecution sees no impediment to this matter proceeding as planned.

This is a bloody pig's breakfast!

Your Honour... There's no chance of a fair trial.

We're adjourning for six months.

What's this? It's the Horton case.

I hope you've prepared. You're listed for tomorrow.

I've never seen this. It's on the whiteboard.

Argh! We'd better get your shit together in a hurry!

Erin. I didn't know where else to go.

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 got to stay here for

♪ I have glamour to the very core

♪ Singing GROUP: ♪ What do I do?

♪ What am I to do?

♪ What do I do?

♪ What am I to do? ♪