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Would you like to inspect the original subtitles? These are the user uploaded subtitles that are being translated: 1 00:00:05,520 --> 00:00:06,800 Please don't touch me. 2 00:00:06,880 --> 00:00:09,640 The Keli Lane case is like no other. 3 00:00:09,720 --> 00:00:12,080 REPORTER: A murder mystery... MAN: She's a murderer. 4 00:00:12,160 --> 00:00:15,000 The golden girl who ended up a baby killer. 5 00:00:16,720 --> 00:00:18,680 MAN: There's no way she'd kill her baby. 6 00:00:18,760 --> 00:00:21,440 REPORTER: Baby Tegan was never seen again. 7 00:00:21,520 --> 00:00:23,400 MAN: Nothing was found. Not anything. 8 00:00:23,480 --> 00:00:25,280 It doesn't add up. 9 00:00:25,360 --> 00:00:27,920 Lane told more than 95 lies. 10 00:00:28,000 --> 00:00:32,240 MAN: She hadn't told a single, solitary person in her life. 11 00:00:32,320 --> 00:00:33,920 MAN 2: There is only really one person 12 00:00:34,000 --> 00:00:37,880 who can tell what happened, and that's Keli Lane. 13 00:00:45,000 --> 00:00:47,720 (RINGING TONE) 14 00:00:49,240 --> 00:00:51,280 AUTOMATED VOICE: Go ahead, please. (BEEP!) 15 00:00:51,360 --> 00:00:53,360 KELI LANE: How are you? I'm OK. How are you? 16 00:00:53,440 --> 00:00:55,440 Yeah, good. Good. Good. 17 00:00:55,520 --> 00:00:57,880 Where I want to take you today is a... 18 00:00:57,960 --> 00:01:01,240 It's a very powerful and a distressing point in time for you. 19 00:01:01,320 --> 00:01:02,240 Yep. 20 00:01:02,320 --> 00:01:04,400 I want to take you to the day of the verdict. 21 00:01:04,480 --> 00:01:05,480 Yep. 22 00:01:05,560 --> 00:01:08,680 Everybody kept saying to me, "The case has gone well. 23 00:01:08,760 --> 00:01:10,200 "The trial has gone well." 24 00:01:10,280 --> 00:01:13,080 Random barristers and solicitors were coming into the court 25 00:01:13,160 --> 00:01:14,440 and telling me, "You'll be OK. 26 00:01:14,520 --> 00:01:17,600 "You're not going. We've never seen a trial unfold like this." 27 00:01:17,680 --> 00:01:18,960 (BEEP!) 28 00:01:19,040 --> 00:01:20,800 And, you know, I had the tingling. 29 00:01:20,880 --> 00:01:22,760 I remember standing at the window in the room upstairs 30 00:01:22,840 --> 00:01:26,000 looking out the window, and I could hear the jury downstairs. 31 00:01:26,080 --> 00:01:28,240 And I was just petrified. 32 00:01:28,880 --> 00:01:29,880 (BEEP!) 33 00:01:30,520 --> 00:01:33,040 (SIGHS) (CALL DISCONNECTS) 34 00:01:33,120 --> 00:01:34,480 (GROANS) 35 00:01:35,920 --> 00:01:39,000 Do you remember the last... that morning at home? 36 00:01:39,080 --> 00:01:40,760 It was your last morning at home. 37 00:01:40,840 --> 00:01:44,040 Yeah, yeah. Well, I didn't... Did you say your goodbyes? 38 00:01:44,120 --> 00:01:46,200 I didn't do anything different to any other mornings, 39 00:01:46,280 --> 00:01:48,080 because I didn't know it was going to be my last, 40 00:01:48,160 --> 00:01:51,200 so I literally left the washing-up in the sink. 41 00:01:51,280 --> 00:01:53,160 I got my daughter ready for school. 42 00:01:53,240 --> 00:01:55,360 I kissed her goodbye and said, "See you this afternoon." 43 00:01:55,440 --> 00:01:57,040 And then I never went home. 44 00:02:00,960 --> 00:02:03,840 I don't know that I could have parted from her. 45 00:02:06,920 --> 00:02:07,960 And I... 46 00:02:08,040 --> 00:02:10,560 I don't know that I could have said goodbye to her. 47 00:02:13,400 --> 00:02:15,240 (CRIES) 48 00:02:15,320 --> 00:02:17,840 It hurts as much today as it did then. 49 00:02:17,920 --> 00:02:21,560 (BEEP!) (CALL DISCONNECTS) 50 00:02:27,520 --> 00:02:32,040 Had no idea she was... she was going down. 51 00:02:33,400 --> 00:02:35,920 In her mind, no idea. 52 00:02:36,000 --> 00:02:37,440 REPORTER: Keli! Keli! 53 00:02:38,760 --> 00:02:43,800 It's really quite rare for people to be convicted of murder 54 00:02:43,880 --> 00:02:45,360 where there's no body. 55 00:02:47,240 --> 00:02:51,080 And the law is to the effect that be very careful 56 00:02:51,160 --> 00:02:54,120 before you go convicting people 57 00:02:54,200 --> 00:02:55,240 where there's no body, 58 00:02:55,320 --> 00:02:57,160 'cause there is always a possibility 59 00:02:57,240 --> 00:03:02,040 that the person you're convicting is innocent. 60 00:03:14,160 --> 00:03:16,680 So, the inquest finishes in 2006. 61 00:03:16,760 --> 00:03:20,240 And by then Tegan would be 10 years old. 62 00:03:20,320 --> 00:03:22,800 So the case is referred to the homicide squad, 63 00:03:22,880 --> 00:03:24,480 and this is the officer who takes over. 64 00:03:24,560 --> 00:03:28,760 OK, so this is Sharon Rhodes, Detective Sharon Rhodes. 65 00:03:28,840 --> 00:03:32,520 And she has to reinvestigate the whole brief. 66 00:03:32,600 --> 00:03:35,760 So, Sharon is absolutely key 67 00:03:35,840 --> 00:03:39,440 because she is the one that brought Keli Lane to trial. 68 00:03:44,360 --> 00:03:47,880 What we know is that Sharon Rhodes has left the police force. 69 00:03:47,960 --> 00:03:49,720 She's no longer serving. 70 00:03:49,800 --> 00:03:52,680 So we're going to see her at her place 71 00:03:52,760 --> 00:03:55,560 to see if she will speak to us. 72 00:03:55,640 --> 00:04:01,480 She said when she was contacted by us, "How did you find me?" 73 00:04:01,560 --> 00:04:04,760 And was very shocked. There was a silence on the phone. 74 00:04:04,840 --> 00:04:09,800 She's worked very hard, I think, to become anonymous and not be found. 75 00:04:18,320 --> 00:04:21,280 Is this the first time you've ever sat down 76 00:04:21,360 --> 00:04:24,280 and spoken to people about this outside... 77 00:04:24,360 --> 00:04:26,440 Absolutely. 78 00:04:27,600 --> 00:04:30,080 I didn't want to talk about it for a long time. 79 00:04:30,160 --> 00:04:35,480 It's taken me a long time to feel comfortable enough 80 00:04:35,560 --> 00:04:37,240 to be able to speak about this. 81 00:04:39,000 --> 00:04:42,000 There was a lot of pressure with this, 82 00:04:42,080 --> 00:04:44,840 more pressure than I'd ever felt with any other matter. 83 00:04:44,920 --> 00:04:47,760 You know, yes, I got a guilty verdict - 84 00:04:47,840 --> 00:04:50,760 my team and I got a guilty verdict. 85 00:04:50,840 --> 00:04:53,760 I would happily give all of that back 86 00:04:53,840 --> 00:04:56,520 to have not almost lost my mind. 87 00:05:11,960 --> 00:05:14,160 I wanted to find Tegan. 88 00:05:15,480 --> 00:05:18,640 I wanted to find her and put her to rest 89 00:05:18,720 --> 00:05:21,240 because I think she'd be a tortured soul. 90 00:05:22,400 --> 00:05:25,480 REPORTER: This may be Tegan Lane's final resting place. 91 00:05:27,720 --> 00:05:29,240 Police are taking a closer look 92 00:05:29,320 --> 00:05:32,120 underneath a suburban home in Sydney's north 93 00:05:32,200 --> 00:05:34,000 to follow a new lead. 94 00:05:36,160 --> 00:05:38,800 SHARON: It was about getting evidence to charge Keli, 95 00:05:38,880 --> 00:05:41,160 and put Keli before the court. 96 00:05:41,240 --> 00:05:43,800 It's also about finding Tegan. 97 00:05:46,240 --> 00:05:49,160 MAN: Is that property connected to the father of the child? 98 00:05:49,240 --> 00:05:52,160 We don't know that. We don't know who the father is. 99 00:05:52,240 --> 00:05:56,560 At the time her boyfriend, Duncan Gillies, lived in the home. 100 00:05:57,840 --> 00:05:59,320 SHARON: Keli went there so often 101 00:05:59,400 --> 00:06:01,000 because she was going out with Duncan Gillies 102 00:06:01,080 --> 00:06:02,120 and that was his house, 103 00:06:02,200 --> 00:06:06,400 that I typed up the warrant with the belief that if Tegan was anywhere, 104 00:06:06,480 --> 00:06:09,040 that Keli had taken her to Venus Street 105 00:06:09,120 --> 00:06:11,280 and disposed of her remains there. 106 00:06:11,360 --> 00:06:14,040 They're grid searching it. 107 00:06:14,120 --> 00:06:17,040 It's the only way we can ensure that we cover all of it. 108 00:06:19,080 --> 00:06:21,400 She wasn't under the house. She wasn't in the walls. 109 00:06:21,480 --> 00:06:24,800 She wasn't in the roof. She wasn't in the backyard. 110 00:06:24,880 --> 00:06:26,920 She wasn't anywhere on that property. 111 00:06:36,280 --> 00:06:37,760 (RINGING TONE) 112 00:06:46,120 --> 00:06:48,000 SHARON: I remember one of the phone calls, 113 00:06:48,080 --> 00:06:50,680 Keli made the comment on the day we did the dig at Gladesville 114 00:06:50,760 --> 00:06:53,120 and she said, "They can dig to China for all I care." 115 00:06:53,200 --> 00:06:56,360 And I could hear the confidence in her voice. 116 00:07:00,200 --> 00:07:01,720 (LAUGHTER) 117 00:07:01,800 --> 00:07:04,160 How do you account for that confidence? 118 00:07:04,240 --> 00:07:07,280 Well, there was no way we could find who the father was 119 00:07:07,360 --> 00:07:08,800 because there's no DNA. 120 00:07:08,880 --> 00:07:11,040 She had sufficiently muddied the waters 121 00:07:11,120 --> 00:07:15,400 with the Andrew Morris-Norris... line of inquiry. 122 00:07:28,640 --> 00:07:34,840 We needed to identify the fathers of Keli's children, 123 00:07:34,920 --> 00:07:39,240 and we needed to have a bank of DNA available 124 00:07:39,320 --> 00:07:43,240 that if we did find remains or if remains of Tegan were ever found, 125 00:07:43,320 --> 00:07:49,040 we could, um, check them against our bank of DNA. 126 00:07:58,680 --> 00:08:01,280 How did they respond when they found out? 127 00:08:01,360 --> 00:08:03,600 Gutted. Absolutely gutted. 128 00:08:05,960 --> 00:08:08,040 Who was Tegan's father? 129 00:08:09,840 --> 00:08:13,960 I think it's a question we'll never know unless we find Tegan 130 00:08:14,040 --> 00:08:15,680 and get her DNA. 131 00:08:30,760 --> 00:08:33,560 SHARON: We tried. We really tried. 132 00:08:33,640 --> 00:08:35,800 I used every trick in the book. 133 00:08:37,160 --> 00:08:41,280 An undercover strategy, covert DNA samples. 134 00:08:41,360 --> 00:08:43,200 Every resource that was available. 135 00:08:43,280 --> 00:08:45,560 There was nothing. There was absolutely nothing. 136 00:08:45,640 --> 00:08:47,720 But she didn't say, "I killed Tegan." 137 00:08:47,800 --> 00:08:49,920 No. No, not at all. 138 00:08:50,000 --> 00:08:52,920 We didn't have...anything. 139 00:09:01,600 --> 00:09:03,560 So, we have this document here. 140 00:09:03,640 --> 00:09:07,680 "The evidence does not establish a motive beyond reasonable doubt." 141 00:09:09,000 --> 00:09:10,360 Because we didn't have... 142 00:09:10,440 --> 00:09:12,800 It was a belief, it was my gut instinct. 143 00:09:12,880 --> 00:09:15,400 By November 2008, to be completely honest, 144 00:09:15,480 --> 00:09:19,320 we hadn't reached the standard of beyond a reasonable doubt, 145 00:09:19,400 --> 00:09:23,400 so we weren't in a position to charge Keli Lane at that point, 146 00:09:23,480 --> 00:09:25,400 so I sought legal advice. 147 00:09:25,480 --> 00:09:27,360 So hadn't...hadn't met the bar for murder. 148 00:09:27,440 --> 00:09:29,880 Hadn't met the standard of proof required. 149 00:09:29,960 --> 00:09:33,800 After, gosh, two years' investigation with Homicide, 150 00:09:33,880 --> 00:09:35,840 several years with Manly, 151 00:09:35,920 --> 00:09:37,440 a coronial inquest... 152 00:09:37,520 --> 00:09:39,080 It still wasn't there. 153 00:09:39,160 --> 00:09:43,200 So we wanted...I wanted to know whether or not, um... 154 00:09:44,640 --> 00:09:47,440 ..it would ever get there or were we wasting our time 155 00:09:47,520 --> 00:09:51,360 and should we stop the investigation. 156 00:09:51,440 --> 00:09:56,400 And that was why we then sent it to the DPP for legal advising. 157 00:09:59,440 --> 00:10:03,960 MAN: When this matter came to me, it was a large matter. 158 00:10:05,680 --> 00:10:07,160 This was an unusual case 159 00:10:07,240 --> 00:10:13,080 in that it was the possibility of a murder charge without a body. 160 00:10:13,160 --> 00:10:17,280 And that meant that the other circumstantial evidence 161 00:10:17,360 --> 00:10:19,440 had to be pretty compelling 162 00:10:19,520 --> 00:10:22,400 to justify bringing the proceedings. 163 00:10:22,480 --> 00:10:24,040 What was your own view? 164 00:10:24,120 --> 00:10:28,480 My own view was that there was a case of murder to be prosecuted. 165 00:10:28,560 --> 00:10:30,600 It raised all sorts of values. 166 00:10:30,680 --> 00:10:33,440 The relationship between a new mother and child, 167 00:10:33,520 --> 00:10:36,080 the idea of child-killing, 168 00:10:36,160 --> 00:10:39,480 which is so abhorrent to the community generally, 169 00:10:39,560 --> 00:10:44,440 the nature of the accused and her conduct over a period of time. 170 00:10:44,520 --> 00:10:46,240 That made it important. 171 00:10:46,320 --> 00:10:49,120 That meant it got priority over other cases. 172 00:10:49,200 --> 00:10:51,520 Was she a risk to the community? 173 00:10:54,600 --> 00:10:56,600 (CHUCKLES) 174 00:10:56,680 --> 00:10:59,960 I mean, motherhood is important, and the value of that, but... 175 00:11:00,040 --> 00:11:02,000 I don't think Keli Lane was a risk to the community 176 00:11:02,080 --> 00:11:05,080 in that she would go around killing other people's babies. 177 00:11:05,160 --> 00:11:09,640 Um, she seemed to be a bit of a risk 178 00:11:09,720 --> 00:11:14,880 to the virile young male portion of the community. 179 00:11:21,440 --> 00:11:25,800 But that's not grounds for putting her in prison, of course. 180 00:11:25,880 --> 00:11:27,840 (CHUCKLES) 181 00:11:43,680 --> 00:11:46,160 WOMAN: She came here and saw us at home. 182 00:11:46,240 --> 00:11:48,360 It was in the evening. 183 00:11:48,440 --> 00:11:52,000 We were entertaining some people 184 00:11:52,080 --> 00:11:54,080 and we had to ask them to leave 185 00:11:54,160 --> 00:11:57,160 and, um, that's when she told us. 186 00:11:58,960 --> 00:12:02,040 What did she say? She just said straight out. 187 00:12:04,080 --> 00:12:06,880 "I've been charged with the murder of a baby." 188 00:12:08,120 --> 00:12:10,320 I mean, I was so shocked. 189 00:12:10,400 --> 00:12:13,960 Was there ever a moment, Rob, where you sat down with Keli 190 00:12:14,040 --> 00:12:16,200 and just asked her point-blank, 191 00:12:16,280 --> 00:12:18,720 you know, "Could you have done something? Did you do anything?" 192 00:12:18,800 --> 00:12:20,880 Of course I did, yeah. 193 00:12:20,960 --> 00:12:26,080 And she just said, "Dad," you know, "it's me," basically. 194 00:12:26,160 --> 00:12:27,720 Mm. 195 00:12:27,800 --> 00:12:30,720 A Sydney woman has been charged with murdering her baby daughter, 196 00:12:30,800 --> 00:12:34,200 who has been missing and presumed dead for 13 years. 197 00:12:34,280 --> 00:12:35,200 This is big. 198 00:12:35,280 --> 00:12:38,000 WOMAN: Keli and her family are devastated by these charges 199 00:12:38,080 --> 00:12:39,360 and will strenuously defend them. 200 00:12:39,440 --> 00:12:40,760 And I cried. 201 00:12:41,960 --> 00:12:45,560 I just sat there and cried and just sort of, like, a relief. 202 00:12:45,640 --> 00:12:48,600 Tears of joy in terms of, like, something, you know, 203 00:12:48,680 --> 00:12:50,800 done for Tegan, finally. 204 00:12:50,880 --> 00:12:54,560 MAN: The infant was last seen alive when she was just two days old 205 00:12:54,640 --> 00:12:56,360 in September 1996 206 00:12:56,440 --> 00:12:58,920 as her mother took her from Auburn Hospital. 207 00:12:59,000 --> 00:13:00,280 My friend rang me and said, 208 00:13:00,360 --> 00:13:02,480 "Keli Lane's on the front page of the paper." 209 00:13:02,560 --> 00:13:05,040 And I went, "Really? 210 00:13:06,720 --> 00:13:08,760 Picked up the paper, and went, "Oh, my God!" 211 00:13:08,840 --> 00:13:10,800 WOMAN: Keli maintains her innocence 212 00:13:10,880 --> 00:13:13,200 and will continue, as she has done in the past, 213 00:13:13,280 --> 00:13:15,960 to assist in the search of Tegan, 214 00:13:16,040 --> 00:13:18,520 whom she believes to be alive, well and happy. 215 00:13:18,600 --> 00:13:20,520 How can this be someone we know? 216 00:13:20,600 --> 00:13:22,720 Keli, what do you have to say to the charges? 217 00:13:22,800 --> 00:13:23,800 Please don't touch me. 218 00:13:23,880 --> 00:13:25,480 Have we all been... 219 00:13:27,840 --> 00:13:30,840 ..hoodwinked as to who this person is? 220 00:13:30,920 --> 00:13:34,120 Like, it doesn't make sense to me. 221 00:13:36,120 --> 00:13:39,480 Do you think Keli Lane harmed that child Tegan? 222 00:13:41,400 --> 00:13:42,560 No way. 223 00:13:44,080 --> 00:13:45,280 No way. 224 00:13:45,360 --> 00:13:48,560 There's no way she'd kill a baby 225 00:13:48,640 --> 00:13:50,720 that she would have held in her arms at some stage 226 00:13:50,800 --> 00:13:52,760 and looked into its eyes, you know. 227 00:13:52,840 --> 00:13:54,440 No way! 228 00:14:04,080 --> 00:14:07,920 What sort of prosecutor did you need to handle this matter 229 00:14:08,000 --> 00:14:09,600 and handle it successfully? 230 00:14:09,680 --> 00:14:11,440 NICHOLAS: This was a case that called for 231 00:14:11,520 --> 00:14:13,600 a very experienced prosecutor, 232 00:14:13,680 --> 00:14:16,040 someone in the top echelon of prosecutors. 233 00:14:16,120 --> 00:14:20,160 REPORTER: For more than two decades, Crown Prosecutor Mark Tedeschi 234 00:14:20,240 --> 00:14:21,720 has been the star performer 235 00:14:21,800 --> 00:14:24,960 at the most infamous murder trials in the country, 236 00:14:25,040 --> 00:14:28,520 and the prosecutor defence lawyers love to hate. 237 00:14:34,120 --> 00:14:36,520 SHARON: Mark is formidable in court. 238 00:14:36,600 --> 00:14:42,120 The number one top prosecutor in the state of New South Wales. 239 00:14:42,200 --> 00:14:44,720 He's a formidable opponent, um... 240 00:14:46,360 --> 00:14:48,560 And he plays to win. 241 00:14:48,640 --> 00:14:51,480 NICHOLAS: Mark Tedeschi is sometimes, 242 00:14:51,560 --> 00:14:53,600 or has sometimes in his career 243 00:14:53,680 --> 00:14:55,920 been a controversial prosecutor. 244 00:14:56,000 --> 00:14:58,640 The career of Australia's highest-flying prosecutor 245 00:14:58,720 --> 00:15:00,200 is under attack 246 00:15:00,280 --> 00:15:03,240 after a scathing judgement from the New South Wales Appeal Court. 247 00:15:03,320 --> 00:15:05,280 I'm enormously relieved to have finally been exonerated... 248 00:15:05,360 --> 00:15:08,800 The Court of Criminal Appeal accused Mr Tedeschi of unfairness. 249 00:15:08,880 --> 00:15:11,280 NEWSREADER: In fact he's the only prosecutor in the state 250 00:15:11,360 --> 00:15:13,280 who's ever faced a legal tribunal 251 00:15:13,360 --> 00:15:16,080 over allegations of professional misconduct. 252 00:15:16,160 --> 00:15:19,480 To date, though, not one complaint has ever stuck. 253 00:15:19,560 --> 00:15:22,320 I have an interview with Mark Tedeschi. 254 00:15:22,400 --> 00:15:23,320 Wow! OK. 255 00:15:23,400 --> 00:15:25,440 The crew's already here. Good luck. 256 00:15:26,640 --> 00:15:30,840 Perhaps, before we begin, the correct pronunciation of my name. 257 00:15:30,920 --> 00:15:32,520 Mark Tedeschi. 258 00:15:32,600 --> 00:15:37,040 I was the lead prosecutor in the trial of Keli Lane. 259 00:15:38,360 --> 00:15:42,280 It was entirely a circumstantial case. 260 00:15:42,360 --> 00:15:45,000 We had to prove death without a body, 261 00:15:45,080 --> 00:15:50,000 we had to prove that whatever happened to baby Tegan 262 00:15:50,080 --> 00:15:56,320 that she was deliberately murdered by Keli Lane. 263 00:15:58,360 --> 00:16:01,880 There's no evidence of a death, no evidence of a body, 264 00:16:01,960 --> 00:16:05,040 no evidence of a homicide, 265 00:16:05,120 --> 00:16:08,320 there's no witnesses, there's no confession. 266 00:16:10,200 --> 00:16:12,920 It became very obvious to me 267 00:16:13,000 --> 00:16:15,840 that in order to conduct the case, 268 00:16:15,920 --> 00:16:17,920 it would be necessary 269 00:16:18,000 --> 00:16:23,520 to lead evidence about the other pregnancies that Keli Lane had had, 270 00:16:23,600 --> 00:16:29,200 and in particular, the other two births which she had had in secret - 271 00:16:29,280 --> 00:16:33,160 to get evidence admitted into a trial 272 00:16:33,240 --> 00:16:37,960 that has nothing directly relevant 273 00:16:38,040 --> 00:16:41,200 to the case in question. 274 00:16:47,120 --> 00:16:49,280 MICHELE: This was incredibly damaging for Keli, 275 00:16:49,360 --> 00:16:51,240 because the prosecution had no case. 276 00:16:51,320 --> 00:16:54,360 The only case they could make was one that they constructed 277 00:16:54,440 --> 00:16:58,400 around the lies that Keli had told on the adoption papers. 278 00:16:58,480 --> 00:17:01,560 That opened the door to her previous sexual history, 279 00:17:01,640 --> 00:17:04,160 all of the previous pregnancies, 280 00:17:04,240 --> 00:17:07,400 and with the associated lies that she told, 281 00:17:07,480 --> 00:17:10,600 when she wanted to hide what was happening to her 282 00:17:10,680 --> 00:17:12,400 from her family and friends. 283 00:17:12,480 --> 00:17:13,640 And the net effect of that 284 00:17:13,720 --> 00:17:17,800 was that this built Keli up as this progressive liar. 285 00:17:21,400 --> 00:17:24,760 My name's Anthony Whealy, QC, 286 00:17:24,840 --> 00:17:29,160 and I was the presiding judge in the trial of Keli Lane. 287 00:17:29,240 --> 00:17:30,640 Yes, Mr Crown. 288 00:17:31,960 --> 00:17:34,840 How smart was it for the prosecution 289 00:17:34,920 --> 00:17:37,680 to attach those perjury charges to murder charge? 290 00:17:37,760 --> 00:17:42,760 You would say that that's a smart move, from a forensic point of view. 291 00:17:42,840 --> 00:17:45,520 Where you've got charges that, on the face of it, 292 00:17:45,680 --> 00:17:47,920 bear no relationship to the principal charge, 293 00:17:48,480 --> 00:17:50,600 you would normally say to the defence counsel, 294 00:17:50,680 --> 00:17:53,840 "Well, why don't you want to get these off? 295 00:17:53,920 --> 00:17:56,280 "What have they got to do with the murder charge?" 296 00:17:56,360 --> 00:17:58,840 I awaited an application from the defence 297 00:17:58,920 --> 00:18:02,120 to strike those perjury counts from the indictment 298 00:18:02,200 --> 00:18:03,880 and it didn't come. 299 00:18:03,960 --> 00:18:06,040 I asked the counsel bluntly, 300 00:18:06,120 --> 00:18:09,400 "Would you like to make an application to the court?" 301 00:18:09,480 --> 00:18:10,800 You asked the defence counsel, 302 00:18:10,880 --> 00:18:12,480 "Would you like to strike the perjury charges?" 303 00:18:12,560 --> 00:18:14,480 I did, yes, I did. Mm, yes. 304 00:18:14,560 --> 00:18:17,160 Uh, you could say I dropped the hint. 305 00:18:18,800 --> 00:18:21,080 But it never happened. 306 00:18:23,840 --> 00:18:25,720 What did your defence team tell you 307 00:18:25,800 --> 00:18:28,200 about whether to sever those perjury charges or not? 308 00:18:38,400 --> 00:18:44,680 She was now exposed to a serious attack on her credibility 309 00:18:44,760 --> 00:18:47,760 that wouldn't otherwise have been available. 310 00:18:49,120 --> 00:18:51,160 What people forget is Keli was very young. 311 00:18:51,240 --> 00:18:55,480 These are lies that a young, scared person might easily make. 312 00:18:56,600 --> 00:18:59,160 What was your defence team's strategy? 313 00:18:59,240 --> 00:19:03,360 Well, it was that I was innocent. 314 00:19:03,440 --> 00:19:06,240 They said, "You don't have to justify yourself. 315 00:19:06,320 --> 00:19:09,520 "You don't have to put up a defence. They're the rules of the court." 316 00:19:13,000 --> 00:19:15,520 There are so many questions for the defence, you know. 317 00:19:15,600 --> 00:19:19,200 What was their tactic at the trial? What was she instructing them? 318 00:19:19,280 --> 00:19:20,680 Was she listened to? 319 00:19:20,760 --> 00:19:24,440 And we won't know, we won't be able to find out, probably, 320 00:19:24,520 --> 00:19:25,880 unless they speak to us. 321 00:19:25,960 --> 00:19:28,560 So, her defence solicitor... 322 00:19:30,440 --> 00:19:32,280 ..is Ben Archbold. 323 00:19:32,360 --> 00:19:35,360 He represented Keli at the trial. 324 00:19:35,440 --> 00:19:38,280 What do we know about Ben Archbold? 325 00:19:38,360 --> 00:19:41,160 We know... What's his career path? 326 00:19:41,240 --> 00:19:42,280 His experience? 327 00:19:42,360 --> 00:19:44,400 We know he's a former Victorian police officer. 328 00:19:44,480 --> 00:19:48,520 He was a contestant on Big Brother several years ago. 329 00:19:48,600 --> 00:19:50,800 The reality show? The reality show. 330 00:19:50,880 --> 00:19:52,240 (RINGING TONE) 331 00:19:52,320 --> 00:19:54,280 Hello. Can you hear me? 332 00:19:54,360 --> 00:19:55,800 Hello? Ben? 333 00:19:55,880 --> 00:19:57,200 Hello? 334 00:19:57,280 --> 00:19:59,880 Just hang on a minute. 335 00:20:01,680 --> 00:20:03,800 Ben Archbold? 336 00:20:03,880 --> 00:20:04,920 Hello? 337 00:20:05,000 --> 00:20:07,360 Yeah. Just hang on a minute. I've got a new phone now. 338 00:20:07,440 --> 00:20:09,280 You there, ABC? 339 00:20:09,360 --> 00:20:11,520 Ben, we had a chat late last year. 340 00:20:11,600 --> 00:20:13,560 You said that yes, you'll meet with me. 341 00:20:13,640 --> 00:20:15,880 You said that, and your exact words were, 342 00:20:15,960 --> 00:20:18,480 you'd do anything to help your former client, Keli. 343 00:20:18,560 --> 00:20:22,120 We're coming to you as, in your role as her solicitor, 344 00:20:22,200 --> 00:20:23,760 her defence solicitor at the trial, 345 00:20:23,840 --> 00:20:25,760 'cause there's information that we've obtained 346 00:20:25,840 --> 00:20:27,520 that we really need to discuss with you. 347 00:20:27,600 --> 00:20:29,920 (PHONE BEEPS) He's just hung up on me. 348 00:20:30,000 --> 00:20:34,400 Ben Archbold was assisted by Kathryn Laurie. 349 00:20:34,480 --> 00:20:35,920 Kathryn Laurie. 350 00:20:36,000 --> 00:20:38,240 Oh, hi, Kathryn. It's Caro Meldrum-Hanna here. 351 00:20:38,320 --> 00:20:40,640 How are you? From ABC. 352 00:20:40,720 --> 00:20:43,360 She said, "I don't want to proceed." 353 00:20:43,440 --> 00:20:45,080 (PHONE BEEPS) 354 00:20:45,160 --> 00:20:50,520 They were instructing Keith Chapple, barrister, 355 00:20:50,600 --> 00:20:52,320 who ran the case. 356 00:20:59,760 --> 00:21:03,720 As I understand it, Keith Chapple, he only had around three weeks 357 00:21:03,800 --> 00:21:07,080 to get on top of the brief before pre-trial began. 358 00:21:07,160 --> 00:21:09,000 This is a particular instance 359 00:21:09,080 --> 00:21:13,080 where three weeks doesn't sound like enough to me. 360 00:21:13,160 --> 00:21:14,560 Why not enough? Explain that. 361 00:21:14,640 --> 00:21:16,400 Well, because there's a mountain of material. 362 00:21:16,480 --> 00:21:18,840 I mean, and the devil is in the detail. 363 00:21:18,920 --> 00:21:20,680 So, should we call Chapple now? 364 00:21:25,160 --> 00:21:27,280 Thanks, Keith. Bye. 365 00:21:27,360 --> 00:21:30,480 Oh, he's out until lunch. OK. 366 00:21:30,560 --> 00:21:33,400 It's just rediverting, rediverting. No-one's picking up. 367 00:21:33,480 --> 00:21:34,440 Thank you. Bye. 368 00:21:34,520 --> 00:21:37,320 Thanks. Bye. Thanks. Bye. 369 00:21:39,400 --> 00:21:40,440 (SIGHS) 370 00:21:40,520 --> 00:21:44,080 All three aren't talking to us. 371 00:21:53,160 --> 00:21:55,440 By the time the trial was beginning, 372 00:21:55,520 --> 00:21:58,880 how complete and rigorous was that police investigation 373 00:21:58,960 --> 00:22:00,640 and all those searches? 374 00:22:00,720 --> 00:22:03,760 Oh, look, the vast bulk of the evidence had been completed 375 00:22:03,840 --> 00:22:06,040 well prior to the trial. 376 00:22:07,120 --> 00:22:11,040 99.9% of it had been done prior to the trial. 377 00:22:11,120 --> 00:22:13,840 He's misinformed. That's not correct. 378 00:22:14,800 --> 00:22:19,640 No, things were not 99.9% ready. Not at all. 379 00:22:21,960 --> 00:22:23,720 So you were ready? Ready to go to trial? 380 00:22:23,800 --> 00:22:25,280 Absolutely. 381 00:22:26,760 --> 00:22:28,760 Did he say that? 382 00:22:30,720 --> 00:22:32,680 You'd have to pick me up off the floor. 383 00:22:34,000 --> 00:22:36,920 No. I'm... No. We weren't ready. 384 00:22:38,600 --> 00:22:40,560 There was Births, Deaths, and Marriages, 385 00:22:40,640 --> 00:22:42,440 Department of Immigration searches. 386 00:22:42,520 --> 00:22:45,040 It was, you know, searching all the possible places 387 00:22:45,120 --> 00:22:47,800 where there could be a record of Tegan Lane. 388 00:22:50,120 --> 00:22:51,880 It was folders. 389 00:22:51,960 --> 00:22:53,840 All of that, the whole thing was full. 390 00:22:53,920 --> 00:22:55,440 That was all the searches. 391 00:22:56,480 --> 00:22:58,760 Um, and that was just the school searches. 392 00:22:58,840 --> 00:23:01,680 So it was massive, it was mammoth. 393 00:23:05,640 --> 00:23:08,160 What stage should the police investigation have been at 394 00:23:08,240 --> 00:23:09,440 by the time the trial... 395 00:23:09,520 --> 00:23:12,160 Should be completed. Should be completed. 396 00:23:12,240 --> 00:23:14,480 It should have been completed before this trial began. 397 00:23:14,560 --> 00:23:16,200 Was it? No. 398 00:23:18,600 --> 00:23:21,720 This was a case that was being prepared on the run. 399 00:23:21,800 --> 00:23:23,480 There's no doubt about that. 400 00:23:24,880 --> 00:23:27,000 (REPORTERS CLAMOUR) 401 00:23:35,200 --> 00:23:38,440 NEWSREADER: 35-year-old Keli Lane faces the Supreme Court. 402 00:23:41,040 --> 00:23:44,320 When senior counsel for the Crown, Mark Tedeschi, 403 00:23:44,400 --> 00:23:46,120 began his opening, 404 00:23:46,200 --> 00:23:48,240 it was a very forceful opening. 405 00:23:48,320 --> 00:23:51,520 REPORTER: 14 jurors have been empanelled for the trial 406 00:23:51,600 --> 00:23:55,480 which is expected to hear at least three months of evidence. 407 00:23:56,600 --> 00:24:01,480 Mr Tedeschi's opening, he would talk about the birth of the first child 408 00:24:01,560 --> 00:24:05,920 and then he would point to the jury and he would say, "Lie." 409 00:24:06,000 --> 00:24:08,600 Then he would move to the next fact, 410 00:24:08,680 --> 00:24:11,320 he would hold up his hand and say, "Lie." 411 00:24:11,400 --> 00:24:14,320 And he would say that quite a few times. 412 00:24:14,400 --> 00:24:16,680 Powerful weapon. 413 00:24:19,560 --> 00:24:22,240 We advanced in the opening address 414 00:24:22,320 --> 00:24:25,240 some suggestions as to why she did it, 415 00:24:25,320 --> 00:24:27,280 but not as to how or where she did it 416 00:24:27,360 --> 00:24:29,680 because that was unknown. 417 00:24:29,760 --> 00:24:32,400 Can a prosecutor or should a prosecutor 418 00:24:32,480 --> 00:24:36,240 introduce their own theories in an opening address 419 00:24:36,320 --> 00:24:38,440 when they don't have evidence to back it up? 420 00:24:38,520 --> 00:24:45,200 A prosecutor may only base what is said on the evidence. 421 00:24:47,280 --> 00:24:49,240 Cannot speculate about other things, 422 00:24:49,320 --> 00:24:53,840 cannot introduce personal theories about what might have happened - 423 00:24:53,920 --> 00:24:56,640 that's contrary to the principles of the trial. 424 00:24:56,720 --> 00:24:59,720 NEWSREADER: First, a jury has heard startling allegations... 425 00:24:59,800 --> 00:25:01,760 NEWSREADER 2: Stunning allegations have been made 426 00:25:01,840 --> 00:25:04,160 on day two of the Keli Lane murder trial. 427 00:25:04,240 --> 00:25:08,160 It's alleged Lane may have killed and dumped her baby Tegan's body 428 00:25:08,240 --> 00:25:10,040 at the Homebush Olympics site. 429 00:25:10,120 --> 00:25:14,000 SHARON: There was no evidence to support that assertion at all. 430 00:25:14,080 --> 00:25:15,480 I was shocked. 431 00:25:15,560 --> 00:25:21,880 Shocked and worried about what it was going to mean for us. 432 00:25:24,120 --> 00:25:26,000 Because if it's mentioned in an opening address, 433 00:25:26,080 --> 00:25:28,480 there has to be evidence then put to the jury for it, 434 00:25:28,560 --> 00:25:30,320 otherwise you've misled the jury. 435 00:25:32,320 --> 00:25:34,000 ANTHONY: No, there was no evidence of it, 436 00:25:34,080 --> 00:25:36,920 and one thing in a criminal trial that's quite serious, 437 00:25:37,000 --> 00:25:39,760 you know, if you're going to talk about the disposal of a body, 438 00:25:39,840 --> 00:25:42,320 er, you've got to have some evidence of it. 439 00:25:42,400 --> 00:25:44,400 You have to really. 440 00:25:44,480 --> 00:25:49,160 Where did the theory of the Olympic Park disposal come from? 441 00:25:51,320 --> 00:25:56,280 I...don't want to answer that because that was withdrawn 442 00:25:56,360 --> 00:25:58,360 and it's therefore not on the record. 443 00:26:03,120 --> 00:26:05,960 Olympic Park theory. That's a good one. 444 00:26:06,040 --> 00:26:07,960 The Olympic Park theory. 445 00:26:09,800 --> 00:26:13,240 Yeah, come the opening day of the trial. 446 00:26:13,320 --> 00:26:17,840 So, Mark does the opening address and there you go. 447 00:26:19,040 --> 00:26:20,880 He uses my theory that I... 448 00:26:23,320 --> 00:26:26,560 ..said to him weeks ago. 449 00:26:29,040 --> 00:26:31,200 So, was there any of that story... 450 00:26:33,120 --> 00:26:37,320 ..was that based on fact and evidence, 451 00:26:37,400 --> 00:26:40,040 or was it a theory of yours? 452 00:26:41,480 --> 00:26:43,320 A theory of mine? 453 00:26:43,400 --> 00:26:45,920 Yeah, it was a theory. 454 00:26:46,000 --> 00:26:48,560 Was it a theory without evidence? 455 00:26:48,640 --> 00:26:53,680 It was ruled by the judge to be, um... 456 00:26:54,920 --> 00:26:56,200 ..not appropriate 457 00:26:56,280 --> 00:26:58,240 and it was withdrawn by the Crown. 458 00:27:00,560 --> 00:27:02,160 Do you regret making that... 459 00:27:02,240 --> 00:27:04,680 I don't wish to answer questions about it. 460 00:27:08,320 --> 00:27:11,720 The next morning, the Crown Prosecutor withdrew that statement. 461 00:27:11,800 --> 00:27:14,680 He accepted there was no evidence to support it, 462 00:27:14,760 --> 00:27:18,000 and I asked Mr Chapple, defence counsel for Keli Lane, 463 00:27:18,080 --> 00:27:21,040 whether he wanted me to discharge the jury, 464 00:27:21,120 --> 00:27:23,320 because they'd heard this suggestion, 465 00:27:23,400 --> 00:27:25,320 and he did not wish me to. 466 00:27:26,760 --> 00:27:29,800 She had the opportunity to have a retrial, 467 00:27:29,880 --> 00:27:32,400 to abort the trial at that stage. 468 00:27:32,480 --> 00:27:35,640 However, she was asked, and she said, 469 00:27:35,720 --> 00:27:37,920 "I want to get this done... over with. 470 00:27:38,000 --> 00:27:39,920 "This has been going on for years." 471 00:27:40,000 --> 00:27:43,720 And she believed...and she believed that she was innocent 472 00:27:43,800 --> 00:27:45,800 and things would work out. 473 00:27:47,520 --> 00:27:50,520 MARK: So, the Crown case was that with Tegan's birth, 474 00:27:50,600 --> 00:27:55,440 Keli was due to go to a wedding of some friends 475 00:27:55,520 --> 00:27:59,840 on 14 September 1996. 476 00:28:01,440 --> 00:28:04,640 And she realised that she had to get out of the hospital 477 00:28:04,720 --> 00:28:06,640 by the morning of the 14th 478 00:28:06,720 --> 00:28:08,440 if she was going to make it to the wedding. 479 00:28:09,440 --> 00:28:13,440 Mr Tedeschi made powerful submissions about the motive, 480 00:28:13,520 --> 00:28:17,320 about Keli not being able to cope with the birth of this child, 481 00:28:17,400 --> 00:28:21,080 and it was pursued forcefully right throughout the trial. 482 00:28:29,640 --> 00:28:33,480 KELI: I gave her a bath and I fed her and we had a sleep. 483 00:28:33,560 --> 00:28:36,520 How did you leave? How did you leave the maternity ward? 484 00:28:36,600 --> 00:28:37,800 How did you walk out? Um... 485 00:28:37,880 --> 00:28:39,560 Well, Andrew was with us by then. 486 00:28:41,440 --> 00:28:43,640 There was a lift at the end of the corridor 487 00:28:43,720 --> 00:28:46,360 and we just went down in the lift. 488 00:28:50,560 --> 00:28:53,560 When we went downstairs, it was like a foyer area 489 00:28:53,640 --> 00:28:56,840 and Mel and his mother stood up as we approached. 490 00:28:58,080 --> 00:29:01,840 It just is that feeling of, "Is this the right thing to do?" 491 00:29:01,920 --> 00:29:03,400 You know, I looked at them 492 00:29:03,480 --> 00:29:06,640 and, not to judge, but I didn't know them, 493 00:29:06,720 --> 00:29:10,320 and I did have that moment of... maybe I could just take her, 494 00:29:10,400 --> 00:29:12,400 maybe I could just, you know, do it myself. 495 00:29:12,480 --> 00:29:15,760 But just so painful. 496 00:29:15,840 --> 00:29:18,120 Where did you hand her over? 497 00:29:18,200 --> 00:29:20,360 Um, we were in that foyer area. 498 00:29:20,440 --> 00:29:24,160 And we were there for probably 10 to 15 minutes I'd think. 499 00:29:27,440 --> 00:29:30,960 The problem is it's not exactly clear when Keli Lane left hospital. 500 00:29:31,040 --> 00:29:32,560 She says around lunch, 501 00:29:32,640 --> 00:29:35,520 but there's no surveillance, there's no CCTV 502 00:29:35,600 --> 00:29:38,600 and the only piece of written evidence is the nurse's notes. 503 00:29:40,280 --> 00:29:42,200 These are the nurse's notes... 504 00:29:42,280 --> 00:29:43,960 Oh, yes. ..on that day. 505 00:29:44,040 --> 00:29:45,600 That helps. 506 00:29:48,400 --> 00:29:51,360 "2pm, 1400 hours, nursing. 507 00:29:51,440 --> 00:29:54,040 "Patient discharged home with baby. 508 00:29:54,120 --> 00:29:55,640 "With baby." 509 00:29:55,720 --> 00:29:58,760 So that's, according to the nurse, 2:00 in the afternoon. 510 00:29:59,760 --> 00:30:03,000 Well, if that's the time frame, it's very tight. 511 00:30:03,080 --> 00:30:08,280 She's really got on her bike to get to this wedding and be a guest. 512 00:30:08,360 --> 00:30:12,440 If it's 2pm, at 1400 hours, Keli Lane...or around then, 513 00:30:12,520 --> 00:30:14,080 she left the hospital with Tegan, 514 00:30:14,160 --> 00:30:18,040 it gives her one hour to drive from Auburn Hospital 515 00:30:18,120 --> 00:30:19,880 stopping off at Gladesville, 516 00:30:19,960 --> 00:30:23,160 getting to her parents' place by 3pm. 517 00:30:24,240 --> 00:30:27,200 That gives her a matter of minutes to kill and dispose of Tegan. 518 00:30:27,280 --> 00:30:29,960 Yes, that's right, which is very, very... 519 00:30:30,040 --> 00:30:31,920 ..would be extremely difficult to do. 520 00:30:32,000 --> 00:30:35,840 Somehow, the clock was wound back 521 00:30:35,920 --> 00:30:40,640 from 2pm being the accepted time of discharge at inquest 522 00:30:40,720 --> 00:30:43,120 to 12 noon at trial. 523 00:30:44,320 --> 00:30:46,120 You've really got to talk to the nurse. 524 00:30:46,200 --> 00:30:49,840 REPORTER: Midwife Anne-Marie Hanlon was there 14 years ago. 525 00:30:55,880 --> 00:30:59,440 Nurse Anne Hanlon said in her 2003 statement, 526 00:30:59,520 --> 00:31:03,280 "I have no actual recollection of that patient." 527 00:31:03,360 --> 00:31:04,960 Mm. 528 00:31:05,040 --> 00:31:08,720 "Keli Lane and her child were discharged around 1400 hours." 529 00:31:08,800 --> 00:31:10,120 Mm. Being 2pm. 530 00:31:10,200 --> 00:31:11,280 Yes. 531 00:31:11,360 --> 00:31:13,600 In her 2008 statement, five years later, 532 00:31:13,680 --> 00:31:17,000 she says, "I'm now offering further information," 533 00:31:17,080 --> 00:31:21,840 and goes on to vividly remember visiting Keli Lane in her room, 534 00:31:21,920 --> 00:31:26,160 even which way Keli Lane's feet were facing in her bed. 535 00:31:28,000 --> 00:31:29,960 Remarkable memory... 536 00:31:32,640 --> 00:31:34,440 ..return. 537 00:31:34,520 --> 00:31:39,360 "I'm now able to say that she left around 11am to 2pm." 538 00:31:39,440 --> 00:31:45,440 See, I do not understand how her memory of it changed. 539 00:31:47,400 --> 00:31:50,080 So, were you concerned about Anne Hanlon's changes in memory? 540 00:31:50,160 --> 00:31:51,360 Of course. 541 00:31:53,160 --> 00:31:54,880 How did that happen? 542 00:31:54,960 --> 00:31:58,200 Only Anne Hanlon could answer that question. 543 00:31:58,280 --> 00:32:01,120 Perhaps her memories were jogged 544 00:32:01,200 --> 00:32:04,160 as a result of things she heard or saw or what was in the media. 545 00:32:14,760 --> 00:32:17,040 MAN: If she did leave at 12:00 noon, 546 00:32:17,120 --> 00:32:21,080 then nursing staff should have recorded she left at 12:00 noon. 547 00:32:21,160 --> 00:32:23,680 I was the senior medical officer on duty 548 00:32:23,760 --> 00:32:26,520 at Auburn Hospital that particular day. 549 00:32:26,600 --> 00:32:28,840 So, what time, then, do you think, 550 00:32:28,920 --> 00:32:31,240 according to these notes, going off these notes, 551 00:32:31,320 --> 00:32:34,640 Keli Lane was discharged and left hospital? 552 00:32:34,720 --> 00:32:36,720 Within the hour after 2:00. 553 00:32:36,800 --> 00:32:39,520 (BABY CRIES) 554 00:32:40,760 --> 00:32:43,680 I was asked to see this baby. 555 00:32:43,760 --> 00:32:47,360 I reviewed the baby, and gave the baby a clean bill of health. 556 00:32:50,640 --> 00:32:53,120 I just told the nurses, "She's a healthy baby. 557 00:32:53,200 --> 00:32:55,080 "I'm happy to let them go." 558 00:32:57,280 --> 00:32:59,160 "Happy for patient to be discharged." 559 00:32:59,240 --> 00:33:02,280 The notes indicate she had been discharged in the proper manner. 560 00:33:08,680 --> 00:33:12,960 Keli Lane left the hospital between 11am and midday 561 00:33:13,040 --> 00:33:15,600 on that day, which was a Saturday. 562 00:33:15,680 --> 00:33:18,560 The nurse's notes said around 1400 hours. 563 00:33:18,640 --> 00:33:21,720 No. That was incorrect. The evidence... 564 00:33:21,800 --> 00:33:23,960 It was about 1400 hours 565 00:33:24,040 --> 00:33:28,240 when they filled out the hospital notes, 566 00:33:28,320 --> 00:33:30,320 when they completed the hospital notes. 567 00:33:36,240 --> 00:33:38,080 The International Olympic Committee 568 00:33:38,160 --> 00:33:41,040 has awarded the year 2000 Games to Sydney. 569 00:33:41,120 --> 00:33:44,680 (CROWD ROARS) 570 00:33:44,760 --> 00:33:49,760 MARK: She was an absolutely dedicated player of water polo 571 00:33:49,840 --> 00:33:56,120 and hoped to represent Australia in the Olympics in 2000 572 00:33:56,200 --> 00:33:59,240 when water polo was going to be an Olympic event for the first time. 573 00:33:59,320 --> 00:34:02,800 REPORTER: Lane didn't feel she could look after a baby 574 00:34:02,880 --> 00:34:05,840 because she wanted to represent Australia at the Sydney Olympics. 575 00:34:05,920 --> 00:34:07,440 REPORTER: She was driven to murder 576 00:34:07,520 --> 00:34:09,480 because a child would have ruined her chances 577 00:34:09,560 --> 00:34:12,600 of representing Australia at the 2000 Games. 578 00:34:12,680 --> 00:34:14,160 How ambitious was she? 579 00:34:14,240 --> 00:34:18,320 She was incredibly ambitious to represent Australia. 580 00:34:18,400 --> 00:34:20,000 It meant a tremendous amount to her. 581 00:34:20,080 --> 00:34:24,520 Did you ever hear Keli Lane speak about wanting to go to the Olympics? 582 00:34:24,600 --> 00:34:26,880 No. 583 00:34:26,960 --> 00:34:29,840 Ever expressing a desire? No. 584 00:34:29,920 --> 00:34:33,440 Simple as that. No way breathing. 585 00:34:35,480 --> 00:34:38,920 Keli's water polo ambitions, you know, 586 00:34:39,000 --> 00:34:40,800 yes, there's a 2000 Olympics here, 587 00:34:40,880 --> 00:34:43,160 yes, it's the first time women's water polo 588 00:34:43,240 --> 00:34:45,640 is going to be in the Olympics. 589 00:34:45,720 --> 00:34:48,880 But if you want to go to the Olympics, you stop everything else. 590 00:34:48,960 --> 00:34:50,920 That's the only way you're going to get to that team. 591 00:34:51,000 --> 00:34:53,040 Did she stop everything and just focus on water polo? 592 00:34:53,120 --> 00:34:54,880 No, absolutely not. 593 00:34:54,960 --> 00:34:58,000 She wouldn't have been at the pub on a Saturday night. 594 00:34:58,080 --> 00:35:00,640 Just...that's the athlete world. 595 00:35:00,720 --> 00:35:02,520 She knew that. 596 00:35:06,400 --> 00:35:09,000 So, was Keli Lane even in line to make the Olympics... 597 00:35:09,080 --> 00:35:10,640 No. ..at any stage? 598 00:35:10,720 --> 00:35:12,080 No. 599 00:35:14,040 --> 00:35:16,200 There were other things in life. 600 00:35:18,600 --> 00:35:20,760 KELI: Teaching was a really big thing for me, 601 00:35:20,840 --> 00:35:22,000 I really wanted to teach, 602 00:35:22,080 --> 00:35:25,080 and water polo wasn't really on the radar anymore. 603 00:35:27,080 --> 00:35:30,440 I think if anything Keli had a dream, 604 00:35:30,520 --> 00:35:32,160 it was to marry well in Manly 605 00:35:32,240 --> 00:35:35,520 and re-create the lifestyle that her family had given her. 606 00:35:35,600 --> 00:35:40,000 So, that's where I think her real life goal would have been. 607 00:35:41,720 --> 00:35:43,960 White picket fence, stroll down the beach, 608 00:35:44,040 --> 00:35:47,400 have a swim in the morning, 609 00:35:47,480 --> 00:35:50,280 take your kids to Manly West, 610 00:35:50,360 --> 00:35:52,480 and go to the rugby on a Sunday. 611 00:36:01,440 --> 00:36:04,480 REPORTER: She's accused of running from hospital to murder her baby 612 00:36:04,560 --> 00:36:07,040 and today Keli Lane sprinted into court, 613 00:36:07,120 --> 00:36:10,120 where her barrister told jurors of her innocence. 614 00:36:16,600 --> 00:36:19,320 "They can't even prove that child is dead." 615 00:36:22,680 --> 00:36:25,240 KELI: It was an absolute shemozzle from the start. 616 00:36:25,320 --> 00:36:27,720 And it was so disorganised, 617 00:36:27,800 --> 00:36:31,280 we were being hit with brief at all different times of the night. 618 00:36:31,360 --> 00:36:34,640 During the trial, new witness statements were coming in, 619 00:36:34,720 --> 00:36:36,680 they were still taking witness statements, 620 00:36:36,760 --> 00:36:39,400 and it just...it was an avalanche of paper. 621 00:36:39,480 --> 00:36:41,680 We couldn't ever keep up. 622 00:36:44,360 --> 00:36:46,920 Is it fair, what's going on here, 623 00:36:47,000 --> 00:36:48,800 for the defence and the defendant? 624 00:36:48,880 --> 00:36:51,440 SHARON: No. Absolutely not. 625 00:36:52,560 --> 00:36:58,200 So much material was being served on the defence during the trial, 626 00:36:58,280 --> 00:37:01,160 and the defence were getting very upset about it, 627 00:37:01,240 --> 00:37:02,400 understandably so. 628 00:37:02,480 --> 00:37:04,760 The judge was getting very upset about it. 629 00:37:06,600 --> 00:37:11,360 We were continuing with the searches 630 00:37:11,440 --> 00:37:15,160 for Andrew Morris/Andrew Norris, and Tegan, 631 00:37:15,240 --> 00:37:18,880 and those searches continued during the trial, 632 00:37:18,960 --> 00:37:24,000 and the judge was very frustrated that these searches were continuing. 633 00:37:24,080 --> 00:37:26,120 ANTHONY: I said, "I'm concerned about the defence 634 00:37:26,200 --> 00:37:28,200 "being placed in a difficult position. 635 00:37:28,280 --> 00:37:30,400 "Naturally I'm concerned about that." 636 00:37:30,480 --> 00:37:33,840 That's also doublespeak for, 637 00:37:33,920 --> 00:37:36,960 "Come on, I don't want to see this occurring again." 638 00:37:37,040 --> 00:37:40,360 And you did just say before that if it happened again, 639 00:37:40,440 --> 00:37:41,920 if this went on, continued... 640 00:37:42,000 --> 00:37:44,400 Yes. Mm. That's true. Enough. 641 00:37:44,480 --> 00:37:46,440 And it would be the... You'd have to abort that trial. 642 00:37:46,520 --> 00:37:47,920 Sure. Mm. 643 00:37:48,000 --> 00:37:50,760 If anything further of that kind happened... 644 00:37:50,840 --> 00:37:52,640 Well, I think it didn't happen. 645 00:37:52,720 --> 00:37:54,680 Those remarks must have been enough 646 00:37:54,760 --> 00:37:57,680 to stop the Crown's external rush to get proof. 647 00:38:00,400 --> 00:38:03,160 It never went away. There was never any respite. 648 00:38:03,240 --> 00:38:04,760 There was never any stop to it. 649 00:38:21,760 --> 00:38:23,680 There's something I need to understand 650 00:38:23,760 --> 00:38:25,720 and this is back to the opening address, 651 00:38:25,800 --> 00:38:27,680 the prosecution's opening address. 652 00:38:27,760 --> 00:38:31,480 Mark Tedeschi told the court that the jury was going to hear 653 00:38:31,560 --> 00:38:33,480 from this man, Andrew Morris. 654 00:38:35,760 --> 00:38:38,280 And he said that this Andrew Morris 655 00:38:38,360 --> 00:38:41,720 had a single sexual encounter with Keli Lane 656 00:38:41,800 --> 00:38:43,840 and that he doesn't have the baby, he doesn't have Tegan, 657 00:38:43,920 --> 00:38:45,760 so they could prove through this man 658 00:38:45,840 --> 00:38:47,800 that her story about Andrew Morris was a lie. 659 00:38:47,880 --> 00:38:50,040 But he was never, ever called as a witness. 660 00:38:51,560 --> 00:38:53,680 What happened to Andrew Morris? 661 00:38:53,760 --> 00:38:55,960 What happened to Andrew Morris? 662 00:38:56,040 --> 00:38:59,120 Um, Andrew Morris didn't give evidence 663 00:38:59,200 --> 00:39:00,920 as a direct result of a deal being done 664 00:39:01,000 --> 00:39:02,880 between the prosecution and the defence. 665 00:39:04,520 --> 00:39:08,600 ANTHONY: That was a tactical decision made by both counsel. 666 00:39:08,680 --> 00:39:11,640 I didn't see anything sinister in any of that at all. 667 00:39:11,720 --> 00:39:13,680 It happens quite frequently. 668 00:39:15,360 --> 00:39:19,400 That was the culmination of a tremendous amount of discussion 669 00:39:19,480 --> 00:39:21,680 and negotiation between the parties. 670 00:39:21,760 --> 00:39:24,480 So, of course, I obviously can't discuss that 671 00:39:24,560 --> 00:39:27,080 'cause it's not on the record. 672 00:39:27,160 --> 00:39:29,440 What did the prosecution want from Andrew Morris? 673 00:39:29,520 --> 00:39:30,960 What did they want him to be? 674 00:39:31,040 --> 00:39:33,560 Well, they wanted him to say, "I'm the Andrew Morris. 675 00:39:33,640 --> 00:39:35,160 "I remember having sex with her." 676 00:39:35,240 --> 00:39:37,400 And he didn't have the baby. 677 00:39:37,480 --> 00:39:39,080 That was the important part, 678 00:39:39,160 --> 00:39:42,680 because she asserts that she gave Tegan to Andrew Morris. 679 00:39:49,480 --> 00:39:52,400 Standing with me here is Mr Andrew Morris 680 00:39:52,480 --> 00:39:55,600 at the North Narrabeen Surf Life Saving Club. 681 00:39:58,360 --> 00:40:00,400 You've come over here and you've stopped at the sand here? 682 00:40:00,480 --> 00:40:02,120 Yep. OK. 683 00:40:02,200 --> 00:40:05,760 And then what's happened here once you've arrived? 684 00:40:05,840 --> 00:40:08,600 Well, yeah, we just made out. 685 00:40:08,680 --> 00:40:15,640 Um, and I do remember having sex here, 686 00:40:15,720 --> 00:40:17,840 um, unprotected. 687 00:40:17,920 --> 00:40:21,800 I didn't have, um...I didn't have any protection. 688 00:40:21,880 --> 00:40:24,280 Never met him, never seen him in my life. 689 00:40:24,360 --> 00:40:26,400 Nup, sorry. Never, ever, ever met him. 690 00:40:26,480 --> 00:40:28,960 So, you deny sleeping with Andrew Morris. 691 00:40:29,040 --> 00:40:31,000 100%. Don't know him, never seen him. 692 00:40:31,080 --> 00:40:35,680 I did offer to walk her back to wherever she was going. 693 00:40:35,760 --> 00:40:38,080 She said, "No, it's right," so I said OK. 694 00:40:38,160 --> 00:40:40,680 OK, great. I'll do that. Thanks, Andrew. 695 00:40:42,560 --> 00:40:44,560 He said he'd meet. 696 00:40:44,640 --> 00:40:46,560 Yeah, he's in Townsville. 697 00:40:50,760 --> 00:40:52,640 I hope he's there. Hope he hasn't just disappeared. 698 00:40:55,080 --> 00:40:57,000 CAMERAMAN: That's it. Thank you very much. We're rolling. 699 00:40:57,080 --> 00:40:59,480 Tell me what happened. 700 00:40:59,560 --> 00:41:03,640 Um, I just got a, er...a phone call, 701 00:41:03,720 --> 00:41:06,560 um, from a detective. 702 00:41:06,640 --> 00:41:09,840 He's looking at a homicide, 703 00:41:09,920 --> 00:41:13,880 um, and just wondering if I could come in 704 00:41:13,960 --> 00:41:16,760 to have a look at some photos. 705 00:41:19,160 --> 00:41:21,040 So, this one you were shown? 706 00:41:23,160 --> 00:41:26,160 Yes. And then what did police say to you? 707 00:41:26,240 --> 00:41:28,320 Well, "How do you know her?" 708 00:41:28,400 --> 00:41:31,800 I said, "I don't know. I can't remember. She just looks familiar." 709 00:41:33,400 --> 00:41:35,960 So, how did that person that sort of looks familiar to you, 710 00:41:36,040 --> 00:41:40,000 how did she then become the person that you'd slept with at the beach? 711 00:41:40,080 --> 00:41:44,520 With the information that I was being provided by the police. 712 00:41:44,600 --> 00:41:48,160 Like, they told me that she grew up 713 00:41:48,240 --> 00:41:51,520 in the northern suburbs of Sydney. 714 00:41:51,600 --> 00:41:55,520 They told me that she was a "groupie", 715 00:41:55,600 --> 00:41:59,760 following all the surf club competitions. 716 00:41:59,840 --> 00:42:02,240 Made me think, well, "Oh, it must've been her. 717 00:42:02,320 --> 00:42:04,320 "It must've been Keli Lane." 718 00:42:05,440 --> 00:42:06,680 We had him ready to go, 719 00:42:06,760 --> 00:42:09,680 he was sitting in that witness room ready to go. 720 00:42:09,760 --> 00:42:14,720 And then for reasons that I still don't fully understand, 721 00:42:14,800 --> 00:42:17,400 the decision was made not to put him on the stand 722 00:42:17,480 --> 00:42:18,680 and he was sent home. 723 00:42:20,240 --> 00:42:23,720 Tedeschi came back and said, "Oh, that's it, you're done. 724 00:42:23,800 --> 00:42:25,160 "You don't have to give evidence." 725 00:42:25,240 --> 00:42:29,080 Something like, "We've done a deal that you don't have to give evidence 726 00:42:29,160 --> 00:42:32,160 "but neither does one of Keli's witnesses." 727 00:42:33,240 --> 00:42:36,720 I wonder how important THEIR story was, then? 728 00:42:39,840 --> 00:42:41,680 (CAR HORN HONKS) 729 00:42:49,760 --> 00:42:51,760 SHARON: I think they should have heard from Natalie McCauley, 730 00:42:51,840 --> 00:42:54,320 in fairness. 731 00:42:54,400 --> 00:42:56,480 The jury should have heard all of the evidence - 732 00:42:56,560 --> 00:42:57,880 good, bad, or otherwise - 733 00:42:57,960 --> 00:42:59,560 because that's what they do, that's their job. 734 00:43:08,040 --> 00:43:10,360 WOMAN: I won't ever forget that night. 735 00:43:10,440 --> 00:43:12,720 Summer, 1995. 736 00:43:15,000 --> 00:43:17,240 At the time, I was working at Royal Copenhagen, 737 00:43:17,320 --> 00:43:21,080 in Manly Corso, which is across from the Steyne. 738 00:43:26,080 --> 00:43:29,160 I was sober, or may have had one drink, 739 00:43:29,240 --> 00:43:32,560 and Keli was there, and she was a bit full up. 740 00:43:32,640 --> 00:43:36,280 And she talked about this guy she was having an affair with. 741 00:43:38,160 --> 00:43:40,480 And what was his name? Andrew. 742 00:43:43,720 --> 00:43:47,920 The Andrew is clear, because that's my brother's name, so... 743 00:43:50,440 --> 00:43:55,840 Keli told me about Andrew at the right time period 744 00:43:55,920 --> 00:43:57,880 that we're talking about. 745 00:43:57,960 --> 00:44:00,560 I've been clear from that from the start 746 00:44:00,640 --> 00:44:02,800 and the jury never heard from me. 747 00:44:05,720 --> 00:44:08,160 You couldn't have invented this memory, to help your friend? 748 00:44:08,240 --> 00:44:10,200 No. 749 00:44:10,280 --> 00:44:12,160 I worked for the United Nations, 750 00:44:12,240 --> 00:44:14,120 as the Chief of Child Protection in the Philippines. 751 00:44:16,080 --> 00:44:20,760 And I would never lie for a friend on such a serious issue. 752 00:44:20,840 --> 00:44:25,760 I am passionate about children's rights. I love children. 753 00:44:25,840 --> 00:44:29,240 Every day, my waking hour, I'm protecting kids. 754 00:44:29,320 --> 00:44:33,120 I'm not about to let my friend get off easy if she's hurt a child. 755 00:44:36,560 --> 00:44:38,960 What difference could your evidence have made 756 00:44:39,040 --> 00:44:40,880 if the jury heard from you? 757 00:44:40,960 --> 00:44:43,960 I've got two words for you - reasonable doubt. 758 00:44:48,960 --> 00:44:52,280 What did the DPP want to do with Natalie McCauley? 759 00:44:52,360 --> 00:44:53,880 Neutralise her. 760 00:44:56,760 --> 00:44:59,520 Because if she was going to be damaging 761 00:44:59,600 --> 00:45:01,120 to the prosecution in any way, 762 00:45:01,200 --> 00:45:06,920 they needed to neutralise any damage that she may have on us, 763 00:45:07,000 --> 00:45:08,800 on the prosecution. 764 00:45:11,120 --> 00:45:14,200 The deal was that Natalie wouldn't be called 765 00:45:14,280 --> 00:45:17,000 in exchange for Andrew Morris not being called. 766 00:45:18,280 --> 00:45:20,440 And Andrew's evidence would have been 767 00:45:20,520 --> 00:45:22,920 that he shagged Keli on the beach. 768 00:45:26,040 --> 00:45:28,440 Can you say with confidence... 769 00:45:28,520 --> 00:45:31,360 Can you say at all that it was Keli Lane 770 00:45:31,440 --> 00:45:33,160 that you slept with at the caravan park? 771 00:45:34,880 --> 00:45:36,440 No. 772 00:45:42,640 --> 00:45:47,960 I suppose I was led down to believe that's who I slept with. 773 00:45:50,040 --> 00:45:53,920 It snowballed and just got bigger and bigger. 774 00:45:54,000 --> 00:45:57,760 I didn't feel like, yeah... I couldn't turn back. 775 00:46:01,680 --> 00:46:05,040 Looking back on this now, considering the pressure, 776 00:46:05,120 --> 00:46:09,800 can you acknowledge the possibility 777 00:46:09,880 --> 00:46:13,840 that Andrew Morris was led or coached... 778 00:46:13,920 --> 00:46:15,880 Yes. ..to come up with a memory? 779 00:46:15,960 --> 00:46:18,560 Yes, I can see that in hindsight. Yes, I can. 780 00:46:19,680 --> 00:46:25,720 I don't like admitting that, but, yeah, I can see that. 781 00:46:31,120 --> 00:46:35,280 Do you have any idea why you weren't called as a witness? 782 00:46:35,360 --> 00:46:36,400 No. 783 00:46:36,480 --> 00:46:39,520 You were traded out in a witness swap. 784 00:46:40,800 --> 00:46:42,680 For who? 785 00:46:42,760 --> 00:46:45,040 A man called Andrew Morris. 786 00:46:47,240 --> 00:46:49,400 But he's not...he wasn't THE Andrew. 787 00:46:50,880 --> 00:46:54,360 There is an Andrew and she had slept with him a number of times. 788 00:46:54,440 --> 00:46:57,840 Not once, a number of times. 789 00:46:57,920 --> 00:47:00,320 And she told me that, that night. 790 00:47:03,880 --> 00:47:07,280 This is not a reflection on the different advocates at trial 791 00:47:07,360 --> 00:47:12,000 but part of the game-playing that goes on during a trial process. 792 00:47:13,680 --> 00:47:16,680 I think there's an enormous lot that the public doesn't know 793 00:47:16,760 --> 00:47:18,800 about the game-playing. 794 00:47:20,360 --> 00:47:23,200 If the jury didn't hear from everyone they should have, 795 00:47:23,280 --> 00:47:24,760 what does that make the trial? 796 00:47:26,160 --> 00:47:28,680 I think it's not fair. 797 00:47:30,000 --> 00:47:32,560 The jury needs to hear from everybody. 798 00:47:38,320 --> 00:47:40,920 KELI: I wish I stood up in the stand. 799 00:47:41,000 --> 00:47:44,240 I wish I told my side of the story. 800 00:47:44,320 --> 00:47:47,360 There's a lot more to me that the jury needed to know 801 00:47:47,440 --> 00:47:49,560 than what the prosecution gave them. 802 00:47:52,240 --> 00:47:53,720 She wouldn't participate 803 00:47:53,800 --> 00:47:57,960 in being forensically, psychologically, you know, assessed. 804 00:47:58,040 --> 00:48:02,440 She just completely said no to all of it. 805 00:48:02,520 --> 00:48:05,720 You have to look in this whole case in its whole totality 806 00:48:05,800 --> 00:48:10,360 to go, "Something is seriously wrong here with Keli." 807 00:48:10,440 --> 00:48:13,160 What's the likelihood of Keli Lane ever saying yes 808 00:48:13,240 --> 00:48:15,840 to being assessed by a mental health practitioner? 809 00:48:15,920 --> 00:48:17,720 Do you think she... No. I don't think so. 810 00:48:17,800 --> 00:48:21,440 Because I don't think she could face what it would turn up. 811 00:48:30,800 --> 00:48:33,160 How was your flight? Good. 812 00:48:33,240 --> 00:48:35,600 I'm Anne Buist, a professor of psychiatry 813 00:48:35,680 --> 00:48:38,520 specialising in mothers and babies. 814 00:48:38,600 --> 00:48:43,160 I've assessed hundreds of women accused of abusing their child 815 00:48:43,240 --> 00:48:46,640 and over a dozen of murdering their infant. 816 00:48:55,640 --> 00:49:00,160 It sounds as if it's been quite a probing interviewing experience 817 00:49:00,240 --> 00:49:01,640 for Keli. 818 00:49:01,720 --> 00:49:03,160 Hello. 819 00:49:03,240 --> 00:49:06,960 I'm very interested to hear what you have to say. 820 00:49:07,040 --> 00:49:11,120 There's a great deal of murkiness here. 821 00:49:11,200 --> 00:49:13,320 She's the hardest, most difficult case. 822 00:49:13,400 --> 00:49:18,600 She differs very much to the other cases that I have seen. 823 00:49:18,680 --> 00:49:21,280 I'm just gonna rattle off all of these names, 824 00:49:21,360 --> 00:49:23,160 descriptions of Keli Lane, 825 00:49:23,240 --> 00:49:25,480 that we've been given over the many months. 826 00:49:25,560 --> 00:49:26,760 I'm just gonna go for it. 827 00:49:26,840 --> 00:49:28,680 Is she a narcissist? No. 828 00:49:28,760 --> 00:49:31,040 Is she a pathological liar? 829 00:49:31,120 --> 00:49:33,440 Not as a diagnosis, no. 830 00:49:33,520 --> 00:49:35,240 Is she delusional? No. 831 00:49:35,320 --> 00:49:37,840 Is she evil? No. 832 00:49:37,920 --> 00:49:40,480 ELISE: You're sure she's not mentally ill? 833 00:49:40,560 --> 00:49:44,080 Certainly not in a diagnostic sense. Absolutely certain of that. 834 00:49:44,160 --> 00:49:47,880 What do you think drove Keli to have all those pregnancies? 835 00:49:47,960 --> 00:49:51,360 From a very early age, she got the message 836 00:49:51,440 --> 00:49:57,240 that her family didn't like dealing with negative emotions. 837 00:49:57,320 --> 00:50:00,200 They got pushed down. They got squashed. 838 00:50:00,280 --> 00:50:04,240 Her first sexual experience at 15, which was a date rape, 839 00:50:04,320 --> 00:50:06,920 which she blamed herself. 840 00:50:08,600 --> 00:50:11,320 (RINGING TONE) 841 00:50:11,400 --> 00:50:13,840 KELI: I was quite young and I was intoxicated. 842 00:50:13,920 --> 00:50:16,960 How do you see it, how that date rape impacted you? 843 00:50:17,040 --> 00:50:20,440 I think the lack of ownership. 844 00:50:20,520 --> 00:50:23,920 I didn't value...I don't think I valued my body 845 00:50:24,000 --> 00:50:26,280 and my choices and my boundaries, 846 00:50:26,360 --> 00:50:29,320 because everybody seemed to just be so frivolous with it. 847 00:50:29,400 --> 00:50:34,160 And I think, for whatever reason, me feeling out of control, 848 00:50:34,240 --> 00:50:39,600 I think that all contributed to my choices and falling pregnant, 849 00:50:39,680 --> 00:50:41,280 and not knowing how to manage it. 850 00:50:41,360 --> 00:50:43,960 (CALL DISCONNECTS) 851 00:50:46,280 --> 00:50:49,400 She certainly had empathic identification with her children. 852 00:50:49,480 --> 00:50:52,160 She breastfed them. She had them in her care. 853 00:50:52,240 --> 00:50:57,200 So this was not just, "Get this child out of my life." 854 00:50:57,280 --> 00:51:00,160 ELISE: So, you can't see her actively murdering the child? 855 00:51:00,240 --> 00:51:03,720 Um...it just doesn't fit. 856 00:51:03,800 --> 00:51:06,920 I can't find a coherent narrative from a psychological sense, 857 00:51:07,000 --> 00:51:10,920 apart from we know she has this capacity 858 00:51:11,000 --> 00:51:13,480 to disown her children, 859 00:51:13,560 --> 00:51:15,920 um, and it fits into that. 860 00:51:16,000 --> 00:51:18,200 Could Tegan be alive? Yes. 861 00:51:20,720 --> 00:51:23,640 REPORTER: A jury has spent almost four months hearing evidence 862 00:51:23,720 --> 00:51:25,480 and submissions in this court. 863 00:51:25,560 --> 00:51:27,880 Soon the group will retire to consider 864 00:51:27,960 --> 00:51:31,560 whether Keli Lane is guilty or not guilty of murder. 865 00:51:31,640 --> 00:51:34,440 In summing up the case, Justice Anthony Whealy said, 866 00:51:34,520 --> 00:51:37,080 "Suspicion, even the gravest suspicion, 867 00:51:37,160 --> 00:51:40,080 "is never a substitute for proof beyond reasonable doubt." 868 00:51:40,160 --> 00:51:42,520 ..reasonable doubt on the evidence. 869 00:51:42,600 --> 00:51:44,560 To the jury going out to consider their verdict, 870 00:51:44,640 --> 00:51:48,040 I was uncertain what the result would be. 871 00:51:48,120 --> 00:51:50,680 Why do you think you were uncertain? 872 00:51:50,760 --> 00:51:53,560 Because in my mind at least, 873 00:51:53,640 --> 00:51:56,600 there was this doubt about whether the Crown 874 00:51:56,680 --> 00:51:59,760 had effectively demonstrated beyond reasonable doubt 875 00:51:59,840 --> 00:52:02,240 that the baby had not survived. 876 00:52:02,320 --> 00:52:07,320 And I thought the jury might take a similar view as well. 877 00:52:09,480 --> 00:52:11,840 KELI: My team said, you know, we've gotta trust 878 00:52:11,920 --> 00:52:13,200 that the jury is smart enough 879 00:52:13,280 --> 00:52:15,840 to see the story that the Crown is putting up, 880 00:52:15,920 --> 00:52:18,240 and that's all it is, is a story. 881 00:52:18,320 --> 00:52:20,000 Everybody kept saying to me, 882 00:52:20,080 --> 00:52:22,400 the longer the deliberations go the better. 883 00:52:22,480 --> 00:52:25,880 Six months of trial, the worst case will be a hung jury. 884 00:52:26,920 --> 00:52:29,680 Quote. (CALL DISCONNECTS) 885 00:52:29,760 --> 00:52:32,480 The jury deliberated for quite a while. 886 00:52:32,560 --> 00:52:34,640 Yes, it was a lengthy deliberation 887 00:52:36,120 --> 00:52:38,120 What's that like, that wait? 888 00:52:38,200 --> 00:52:41,320 Oh, it's. (LAUGHS) For everyone. 889 00:52:43,880 --> 00:52:47,720 ANTHONY: The voting was quite close and the jury were in conflict. 890 00:52:58,080 --> 00:53:00,880 The jury had indicated they'd reached a point 891 00:53:00,960 --> 00:53:03,320 where they could not agree. 892 00:53:03,400 --> 00:53:06,920 11 people saying, "Yes, convict," 893 00:53:07,000 --> 00:53:09,520 and one person saying, "Well, I'm not going to," 894 00:53:09,600 --> 00:53:13,040 and it seemed to me that that point 895 00:53:13,120 --> 00:53:16,200 could be only be resolved by a majority verdict. 896 00:53:18,600 --> 00:53:20,080 Look, as a Crown prosecutor, 897 00:53:20,160 --> 00:53:22,760 I'm not there to achieve convictions, 898 00:53:22,840 --> 00:53:24,640 I'm there to see that justice is done. 899 00:53:24,720 --> 00:53:29,080 If we've presented the case properly and in the best light, 900 00:53:29,160 --> 00:53:31,640 we've performed our role. 901 00:53:31,720 --> 00:53:33,360 We were really confident 902 00:53:33,440 --> 00:53:35,840 that the verdict would come out in her favour. 903 00:53:37,160 --> 00:53:39,120 There was a lot of tension in the courtroom. 904 00:53:40,800 --> 00:53:43,040 I was expecting not guilty and he said guilty. 905 00:53:43,120 --> 00:53:46,360 I just looked across and I looked back at them. 906 00:53:46,440 --> 00:53:48,080 I just couldn't believe it. 907 00:53:50,080 --> 00:53:51,680 I'm still astounded now. 908 00:53:53,960 --> 00:53:57,680 And then, you know, my poor... 909 00:54:05,520 --> 00:54:08,200 ..my poor girl collapsed. 910 00:54:10,880 --> 00:54:12,560 And, um... 911 00:54:15,200 --> 00:54:17,600 They wouldn't let me go over. 912 00:54:19,200 --> 00:54:23,400 So, um, I started to walk around. 913 00:54:23,480 --> 00:54:25,240 They said, "No, you can't, no." 914 00:54:25,320 --> 00:54:28,240 And unfortunately I collapsed too. 915 00:54:33,560 --> 00:54:35,520 It was such a shock. 916 00:54:40,560 --> 00:54:42,840 If you think that doesn't touch the judge, 917 00:54:42,920 --> 00:54:44,440 er, you're quite wrong. 918 00:54:44,520 --> 00:54:46,720 It does and it did. 919 00:54:49,920 --> 00:54:53,520 SHARON: I was shocked that Keli was found guilty. 920 00:54:53,600 --> 00:54:55,040 I was stunned. 921 00:54:55,120 --> 00:54:57,480 I honestly thought that she would be found not guilty 922 00:54:57,560 --> 00:55:00,880 because there had been so many problems. 923 00:55:00,960 --> 00:55:03,760 I believe she did... she murdered her baby, 924 00:55:03,840 --> 00:55:05,960 and she deserved due process, however. 925 00:55:09,960 --> 00:55:11,400 NEWSREADER: Tonight, guilty. 926 00:55:11,480 --> 00:55:14,200 Keli Lane convicted of murdering her baby daughter. 927 00:55:14,280 --> 00:55:16,720 How are you feeling about the sentence, Mrs Lane? 928 00:55:16,800 --> 00:55:19,120 How's Keli? Have you had a chance to speak to her? 929 00:55:19,200 --> 00:55:20,720 Don't touch me please 930 00:55:20,800 --> 00:55:24,000 Did the prosecution prove that that baby was dead, Tegan was dead? 931 00:55:24,080 --> 00:55:26,560 If I'd been the trier of fact - 932 00:55:26,640 --> 00:55:28,680 and I wasn't, let me stress that, 933 00:55:28,760 --> 00:55:30,000 the jury were the trier of fact - 934 00:55:30,080 --> 00:55:31,880 but if I had been the trier of fact, 935 00:55:31,960 --> 00:55:33,720 I might have had some doubt about that. 936 00:55:33,800 --> 00:55:37,280 In my mind, I've never been certain. 937 00:55:39,400 --> 00:55:41,800 Never been certain. 938 00:55:41,880 --> 00:55:43,640 And now? 939 00:55:43,720 --> 00:55:47,440 And now, years later, I haven't changed my attitude. 940 00:56:09,960 --> 00:56:11,440 The court will now adjourn. 941 00:56:18,960 --> 00:56:23,640 By the end of the trial, it had been such a harrowing experience for me 942 00:56:23,720 --> 00:56:28,320 that I no longer wished to preside over any criminal trial as a judge. 943 00:56:30,400 --> 00:56:33,000 I didn't do any more criminal trials after that. 944 00:56:35,200 --> 00:56:39,520 Well, she still haunts me. You know, it's still unsolved. 945 00:56:39,600 --> 00:56:41,880 Nobody has ever found Tegan. 946 00:56:41,960 --> 00:56:47,160 I've been medically discharged with PTSD from the police, 947 00:56:47,240 --> 00:56:48,840 so this broke me. 948 00:56:50,360 --> 00:56:52,840 REBBECCA BECROFT: I still think about it. 949 00:56:54,320 --> 00:56:56,080 I still think about it. 950 00:56:57,880 --> 00:57:01,000 I have been to the hospital 951 00:57:01,080 --> 00:57:04,920 and...um, where Tegan was last seen... 952 00:57:06,440 --> 00:57:08,320 ..to, in my mind... 953 00:57:09,920 --> 00:57:13,520 ..lay her to rest with no body. 954 00:57:17,520 --> 00:57:20,440 That's what nobody gets. 955 00:57:20,520 --> 00:57:24,800 It's just how many lives this has affected. 956 00:57:30,160 --> 00:57:31,640 We've... 957 00:57:33,960 --> 00:57:36,880 (SIGHS) ..chased down every lead we can. 958 00:57:36,960 --> 00:57:40,800 We've turned over every stone for months. 959 00:57:40,880 --> 00:57:43,320 We've gone back to her family and her boyfriends 960 00:57:43,400 --> 00:57:45,880 and her water polo teammates, her friends 961 00:57:45,960 --> 00:57:49,680 to try and find new things and get an understanding of her. 962 00:57:49,760 --> 00:57:51,720 We looked at the police investigation, 963 00:57:51,800 --> 00:57:53,200 we went through the trial. 964 00:57:53,280 --> 00:57:58,880 There's one little piece of information 965 00:57:58,960 --> 00:58:02,320 I think now that's nagging for both of us, 966 00:58:02,400 --> 00:58:05,880 and that's what that psychiatrist said. 967 00:58:05,960 --> 00:58:08,320 She said there's something off, 968 00:58:08,400 --> 00:58:10,160 there's something not quite right with her story 969 00:58:10,240 --> 00:58:12,360 about the name "Andrew Norris/Morris." 970 00:58:14,560 --> 00:58:17,560 ELISE: When you did an assessment with her, 971 00:58:17,640 --> 00:58:19,360 what were the things that didn't sit right with you? 972 00:58:19,440 --> 00:58:20,480 What stuck out? 973 00:58:20,560 --> 00:58:24,400 The key thing was her manner as she discussed Andrew Norris. 974 00:58:24,480 --> 00:58:27,520 The Andrew Norris/Morris situation 975 00:58:27,600 --> 00:58:31,880 was the key number one, two and three thing. 976 00:58:31,960 --> 00:58:35,640 Too superficial, the body language changed. 977 00:58:35,720 --> 00:58:39,960 There was something there that didn't ring true, 978 00:58:40,040 --> 00:58:43,600 and I can't actually say what it was, what the truth is. 979 00:58:44,880 --> 00:58:48,600 I don't know about you, but I'm not convinced on the name. 980 00:58:48,680 --> 00:58:54,360 But she has always stuck to that story since the very beginning. 981 00:58:54,440 --> 00:58:56,840 She's responded really badly in the past 982 00:58:56,920 --> 00:58:59,920 when police have tried to get her to change her story 983 00:59:00,000 --> 00:59:02,040 or get new information. 984 00:59:03,440 --> 00:59:04,880 How are you feeling, Caro? 985 00:59:06,720 --> 00:59:09,040 Anxious. 986 00:59:09,120 --> 00:59:11,800 Because this is it. 987 00:59:11,880 --> 00:59:19,200 This is her last opportunity to just give something more. 988 00:59:19,280 --> 00:59:22,280 Because everyone agrees the name does not add up. 989 00:59:22,360 --> 00:59:24,480 (RINGING TONE) 990 00:59:24,560 --> 00:59:26,920 OK, this is it. Here we begin. 991 00:59:27,960 --> 00:59:30,400 AUTOMATED VOICE: Go ahead, please. KELI: Hi, Caro. 992 00:59:30,480 --> 00:59:31,440 Hello, Keli. 993 00:59:31,520 --> 00:59:34,240 So, through all of this, you've spoken at length 994 00:59:34,320 --> 00:59:36,560 and I've listened very attentively, 995 00:59:36,640 --> 00:59:40,120 and now I want to take my turn to talk for a while. 996 00:59:40,200 --> 00:59:41,400 Sure. OK. 997 00:59:41,480 --> 00:59:44,760 We've raised big questions about the police investigation, 998 00:59:44,840 --> 00:59:48,000 about the trial, really things that I thought we'd never find. 999 00:59:48,080 --> 00:59:50,880 Right. But there's another big question. 1000 00:59:50,960 --> 00:59:52,720 And this one, it comes down to you. 1001 00:59:52,800 --> 00:59:55,640 The name Andrew Morris, Andrew Norris, 1002 00:59:55,720 --> 00:59:57,680 something isn't quite right there. 1003 00:59:57,760 --> 01:00:00,560 So I'm saying to you I'm not convinced on this name 1004 01:00:00,640 --> 01:00:02,320 and I need you to help me. 1005 01:00:02,400 --> 01:00:04,720 I need you to give me something here. 1006 01:00:04,800 --> 01:00:07,000 I don't know why I should have to. 1007 01:00:07,080 --> 01:00:10,480 Well, I can't give you any more than what I know. 1008 01:00:10,560 --> 01:00:13,840 And this feels like too, the same as when I was before the coroner, 1009 01:00:13,920 --> 01:00:16,160 and it's that pressure and those threats of, 1010 01:00:16,240 --> 01:00:17,840 "You know more, you know more." 1011 01:00:17,920 --> 01:00:20,240 So, first name Andrew? Yep. 1012 01:00:21,400 --> 01:00:23,080 Surname? 1013 01:00:23,160 --> 01:00:25,240 Norris. With an N. 1014 01:00:25,320 --> 01:00:27,440 (CALL DISCONNECTS) 1015 01:00:27,520 --> 01:00:30,160 (BEEPING) 1016 01:00:34,880 --> 01:00:38,560 She's not going to change her mind. She's not going to say anything. 1017 01:00:38,640 --> 01:00:41,600 I have absolutely no reason to pull this all apart again. 1018 01:00:41,680 --> 01:00:44,640 Why would I pull it all apart again 1019 01:00:44,720 --> 01:00:46,800 and bring this all to the surface again? 1020 01:00:46,880 --> 01:00:49,320 My family's life is on the line here. 1021 01:00:49,400 --> 01:00:52,120 You know, we're doing this for a reason, it's got a purpose. 1022 01:00:52,200 --> 01:00:53,280 And that reason? 1023 01:00:53,360 --> 01:00:56,280 Is to find Tegan or it's to find my baby, whatever her name... 1024 01:00:56,360 --> 01:00:57,600 (BEEP!) 1025 01:00:57,680 --> 01:01:00,920 But could you give her or people out there a message 1026 01:01:01,000 --> 01:01:04,960 that Andrew Norris may not be his right full name? 1027 01:01:05,040 --> 01:01:07,320 Absolutely. Absolutely. 1028 01:01:07,400 --> 01:01:11,920 I don't know 100% if his name is Andrew Norris 1029 01:01:12,000 --> 01:01:13,920 because I don't know at the time 1030 01:01:14,000 --> 01:01:15,800 if what he was telling me was the truth. 1031 01:01:15,880 --> 01:01:19,720 Or maybe I've made a mistake. Of course that's a possibility. 1032 01:01:19,800 --> 01:01:23,000 I'm sure his name is Andrew. He responded to Andrew. 1033 01:01:23,080 --> 01:01:24,560 OK. 1034 01:01:25,560 --> 01:01:28,280 You've got there. OK. Yeah. 1035 01:01:28,360 --> 01:01:30,240 I don't want to be forced there, though, Caro. 1036 01:01:30,320 --> 01:01:32,280 I did it off my own bat. (BEEP!) 1037 01:01:33,880 --> 01:01:35,600 Done. 1038 01:01:35,680 --> 01:01:38,840 Well, that's the first time in decades 1039 01:01:38,920 --> 01:01:41,400 that she's admitted that the name that she gave 1040 01:01:41,480 --> 01:01:42,760 could be the wrong name. 1041 01:01:44,240 --> 01:01:48,480 So, is this just another one of her lies 1042 01:01:48,560 --> 01:01:51,360 or have we just gotten closer to the truth? 79051

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