All language subtitles for Crownies s01e03.eng

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

We could prosecute
but do we want to?

Appalling crimes
and a bizarre fetish.

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

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

It wasn't you
that showed me the file.

The Mervich case?
The evidence is pretty clear.

The guy was living with
two beautiful sisters

who belted him dead
with a bolt cutter.

If only it were that simple.

A drugs possession charge?

Impressive you avoided a conviction.

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

Oi. You wanna have a go, old man?

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

Hey, whoa, whoa, calm down, pop.

� Theme music

� What do I do
Stand in a shop

� Waiting for that money to drop

� Stand all day on a concrete slate

� My feet are aching
Don't get a break

� Saying what do I do

� What am I to do?

� What do I do?

� What am I to do?

� What do I do?

� What am I to do? �

Alfred Robert McMahon
was more than a good policeman.

He was a good man.

He fought hard
for what he believed in,

even when it made him unpopular.

And he stood by his friends

when others fled,

worried for their own skins.

He was a fine mentor to many,

not just his family.

To people he came across
in everyday life.

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

black, no sugar -

described him
as a giant amongst men.

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

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

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

The world will be a smaller...

..and sadder place...

..without this man in it.

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

Thanks.
You going in today?

Yeah, I may as well.

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

That guy should hang.

� A penny

� For all your thoughts

� Standing in a crowd

� Laughing out

� So loud

� A penny for that thought. �

(Bells tolling)

Opening of the legal year
in a cathedral?

So much for the separation
of church and state.

Maybe they're asking
for help from above.

Well, at least it's your church.

Well, not exactly.

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

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

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

Poor Janet.

This must be hell for her and David.

I'm impressed they're here a all.

You guys are doing a better job
at destabilising the Government

than the Opposition.

Barristers.

God's gift.

You were conspicuous by your absence.

Can't bear all that
ridiculous carry-on.

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

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

Something for architects?
Engineers? Dentists?

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

I hear David's
briefing out the Mervich case.

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

Kowalski's a defence barrister.

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

You know why David
is briefing that out.

Yeah, he's pandering to the mob.

Showing fear
in the face of hostility.

I'm not exactly happy
about it either.

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

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

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

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

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

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

Morning.

Hi, Harry.
G'day, Tony.

Andy, sorry to keep you waiting.

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

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

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

So what have you got?
Julian Cooper.

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

where Alfred McMahon was that night.

McMahon and Ben went inside
for drinks.

There was some kind of
verbal altercation

involving a disabled parking space.

Ben left around 7:30, alone.

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

Where did the assault take place?
In the carpark.

Cooper laid into him,
chased him towards the water,

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

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

No-one saw him
until it was too late.

Any witnesses?
We're looking.

What is this?

Cooper in remand?

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

soon as we get a formal ID.

Thought you might appreciate
a headstart.

Thanks, Andy.
CCTV footage from the carpark.

If you could get someone
to look at that.

The sooner we lock this prick up,
the better.

I'll get the popcorn.

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

please leave a message.

Yeah, it's me, Julie. Again.

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

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

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

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

No, you had 'em last.
Nah!

Yeah!
Nah!

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

Alright, dickhead.
Richard!

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

Is there any other kind?

Check this out. They're in the lab.

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

No, you had 'em last.
Nah!

Yeah!
Nah!

See?

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

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

If they want kids to
stop taking meth,

they should just play them this.

Would you inhale something
made by these geniuses?

RECORDING: Did you hear
about Hammel?

Nah, what happened?

Hammel has Pholemfrometry.
Real crook, bro.

Might not make it.
Weirdness.

There's nothing about
an illness in the file.

It's a virus, I think.

Sounds like Hammel's
about to cark it.

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

No, nothing.

If Mick Hammel's really sick,

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

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

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

instead of getting the
20 years he deserves,

which will not make
the police taskforce happy.

Not after spending three years
and vast sums of public money

tracking these guys down.

But the quantity of meth
they were moving.

Did you see the lab photos?

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

even for a scumbag like Hammel.

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

and whether
he's undergoing treatment.

We need to know where he is

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

Oh, and...

..good job picking this up, Tatum.

Thanks.

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

Oh, you know me.

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

Can I?
Yeah.

Oh...

..he looks like a great guy.

He was -

if he liked you.

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

Ben.

So listen, um,

your brother's
still looking for a car?

Ah yeah, yeah, he is.

Well, you can buy my Camry
if you like,

'cause I'm borrowing Pa's Jaguar.

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

So...
OK.

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

Cool, well, just get him to call me.

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

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

Any changes to brief allocation
are to come through me.

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

Who's got the brief?

It's in good hands.

This is for mention tomorrow.

Make sure you announce your matter
clearly to Harrow.

She hates mumblers.

I need more time
on the Habib assault.

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

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

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

Clearing the decks, are we?

Trying to.
Oh, good.

The McMahon file.

Oh, no. I can't.

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

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

This is strictly a once-off.

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

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

(Exhales)

You're fucking joking.

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

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

What have you got so far?

You know I can't tell you.

No-one has to know.

Watch that and you will be tainted
as a witness.

Is that what you want?

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

At the morgue.

You stand behind the barrier.

There's no touching,

in case you influence
the post-mortem.

Rich, as mates, come on.

No. You'll jeopardise
the whole case.

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

and I'm gonna nail that prick,

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

even if I have to
kill you.

What did they want?
Are you OK?

What did you tell them?

I'm so sorry
about your grandfather -

Julie, Julie, stop.

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

The truth?

As in the truth truth, or the truth?

As in, we left the Christmas party
at 11

and went upstairs to eat pizza.

OK. Great.

And then had sex on David's desk.

Why did you tell them that?

Because that's what happened.

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

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

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

to make up for missing Laos.

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

What is that?

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

No writing, no reading, nothing.

That sounds like hell.

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

Oh, um, this is for you.

It's, um,

it's not quite a bonobo, but -

Thanks, it's really funny.

Do you want to grab some dinner
tomorrow night?

Maybe take your mind off things?

Sure.
OK, great.

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

is pretty much
grounds for dismissal.

Right now
I'm wishing you were a woman.

Much more observant than men.

Him. That one.

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

You sure?

Absolutely.

Alright.

Thanks for coming down here, Ben.

So what happens now?

For you? Nothing.

Ben, I'm sorry.

You just identified
our computer technician.

Fuck! Fuck it!

It's alright, mate.

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

Ben, you know I can't.

I've fucked everything.

Good morning, Justice Rosenberg.
I believe Miriam Mansie

from the Attorney General
Department's already here.

Indeed, I believe a police
investigation is underway.

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

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

No, I didn't.

My victim wasn't credible,
apparently.

I'm sorry to hear that.

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

I'm sure that's not true.

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

Good luck in there.

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

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

where I believe
the accused has been acquitted

when circumstances may not have
made that the appropriate decision

and perhaps,

if the prosecution
had been a little more...

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

But ultimately,

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

instead of finding ways
to subvert it.

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

in restoring public confidence
in the prosecution process itself.

Mm, I agree.

It is an ongoing challenge.

Rhys, perhaps you could speak
a little more concretely.

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

had had a prior conviction
for perjury in another State,

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

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

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

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

Now, if a witness
has a prior for perjury,

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

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

or a defence counsel.

Tracey!

You do know Kowalski's had
professional misconduct allegations

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

If you're talking about
the Vaselki trial,

those allegations were dismissed
by the Bar Association as unfounded.

He's one of the top criminal
defence barristers.

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

or a prosecution kind of guy.
Or woman.

Well, I for one
think some fresh blood

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

I am actually quite busy, Tracey.

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

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

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

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

David and Janet have already chosen
the instructing solicitor.

Kowalski has an impressive
track record.

For the other side.

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

Ticks all the boxes for me. Miriam?

I vote no.

Why's that?

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

whose job it is

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

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

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

it's my decision to make.

Look, briefing out
to an external barrister,

even one that may become a Crown,

is going to blow your budget out
even further.

Well, this department
is under-resourced.

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

is expanding our stable
of private barristers

to cope with
the increasing workload.

I know exactly what you're doing.

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

Just between us,
the AG is a total prick.

But what you and that memo have done

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

Congratulations.

There goes any chance
of a budget increase next year.

What chance?

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

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

This office is
supposed to be independent.

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

Get them off our backs?

Then we're just adding
fuel to the fire.

Speaking in public
in a pressured situation's

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

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

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

are still very valuable.

Right. I'm still benched.

Fabulous.

How much longer are you going to be?

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

That is a serious rock, Miss Tates.

Yes, the Tiff say,

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

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

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

Well I am, I am.

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

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

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

And you his spicy chorizo.

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

Good,
because he's doing a number one job

of sending us all
to the slaughter house.

What's the point in dating, anyway?

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

and you end up killing them
in a jealous rage.

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

given Joanne Mervich's dodgy
description of the intruder.

Maybe.
Till death do us part.

Think about it.

Well, when I get to heaven,

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

Isn't that just for the men?

Not in my paradise.

(Phone rings)

Lina speaking.
Lina. It's Harry.

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

Your brother's here.

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

(Softly) Oh, shit.

Yeah, I'll be there in a second.

Please excuse me.

I have to go commit fratricide.

Tariq, everyone has to sign in.

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

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

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

Oh, you have a persecution complex!

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

Wait here.
OK.

Hey, whoa.

Want me to call you a cab?

Why?

So you can go home, to bed.

Home to bed?

Let's do that.

Hey! It's Yasser. Yasser Arafat!

How are ya?
Good.

Wait there. Wait there.

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

Not bad.

And I've got something for you.

Ooh, are you serious?

I'm a wog. I like cash.

OK. Um,

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

back carpark.

Sweet. Thank you.

No worries.

I like that kid.

He's good.

What does it say?

Ah... (Speaks Arabic)

What does that mean?

These days? Nothing.

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

I can't find Mick Hammel.

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

leave the investigating
to the police.

I've rung all the hospitals.

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

The man is
seriously resourced, Tatum.

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

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

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

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

He must have picked it up there.

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

I'll have him call Tony.

Tennis?

Of course,
the Old Testament said it best.

An eye for an eye, tooth for tooth,

hand for hand, foot for a foot.

Exodus 21:24. Reciprocal justice.

It's simple, really.

The problem with
the way we practise criminal law

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

It used to be that punishment
was proportionate.

Nowadays, offenders get
two, three, four chances.

It's all administered
by bureaucrats and judges

who have no idea
of the principles of sentencing.

No-one cares about
the victims and the families.

Richard does.
We need reform.

The Jud -
What reform?

What? Why?

Pa was killed, Dad.
He was fucking pulverised.

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

and stop talking about
sentencing principles!

Do you know what a body looks like

after six hours in water, huh?

I'm sorry you had to see that.

He's not a legal argument.

He's a person.

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

Welcome aboard, Rhys.

Thank you, Tracey.

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

Sorry, Lina?

Yes, she's been doing the prep.

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

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

Ohh.

There. Looks like Erin's doing it.

Is that a finch?

I don't suppose his name is Atticus?

Ah yes, it is, actually.

How funny. (Chuckles)

Right.

You've been doing
some good work, Erin.

Ah, thanks.

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

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

What?
It's yours.

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

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

Thanks for telling me.

About the line up.

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

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

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

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

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

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

So like I said, it's fucked!

Those generally work better
if you drink them.

I'm hiding.

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

You're meant to be prepping her.

Tell her I've
spontaneously combusted.

Happens, you know.

Do you want me to prep her?

Nope, I'll do it.

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

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

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

What about rehabilitation?

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

Tate, do you know what
recidivism rates are like?

Yes. High.

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

You know how much it costs
to keep someone

in maximum security prison
for a year?

Are we measuring life
in dollars now?

OK, hang on.

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

I would be devastated, yes.

But I wouldn't want
more blood spilt.

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

Richard!

Just another day in the office, huh?

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

We were just trying to help.
Sure.

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

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

You guys could upload it
onto COP Feed.

It's done, Rich.

Like I said, no ID, no case.

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

Right.

And the rest of you?

That's what I thought.

These lock, you know.

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

Um ...
Um?

Yes. Um, Lina?
What?

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

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

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

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

But - but you agreed to take it.

Well -

Well, why you?

Apparently I'm doing good work.

(Speaks Arabic)

Work it out.

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

The Attorney General business.
Yes.

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

Have you heard,
a third victim has come forward?

Ah, what?

She was part
of the Indigenous Recruitment Program

in the AG's department.

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

whilst in this program.

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

How dare you.

Janet King, doesn't it concern you

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

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

You stopped prosecution
of the person responsible.

The allegations are just that,
allegations.

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

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

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

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

He probably won't get a fair trial,

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

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

the proper judicial process could
and would have taken place.

Justice for victims, it seems,

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

Shit.

I expressly told you
not to talk to the press.

I was ambushed.

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

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

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

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

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

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

Right on cue.

Thank you, Margie.

Put him through.

Mr Premier.

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

Do you?

And are you Muslim?

Well, technically, yes,
because my father is,

but if you're asking me
whether I practise,

then the answer is no.

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

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

relevant in this investigation?

Just interested in
your background, Lina.

So what time did you leave
the Christmas party?

Um, I can't remember.

Midnight.

And did you leave the bar alone?

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

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

Andrew Campbell?
Yes, he lives near me.

So what exactly is
the nature of your relationship

with Detective Campbell?

We recently worked together
on the Evans avatar trial.

So, he drove you ... ?
Home.

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

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

Yes, I had to get my handbag.

I didn't leak the memo.

(Humming)

Hey.

Hey! You can't have fun without me.

Homicide collected the receipts
from all the patrons that night.

They contacted all of them.
Nothing.

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

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

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

because the licence plate
was obscured, only look.

What - what am I looking at?

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

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

and was imported here
in the late '90s.

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

Operation Deep Freeze
was a series of military missions

to Antarctica to resupply US bases.

They staged from Christchurch
to McMurdo Station.

My aunt was a medic there.

But Andy found the driver.

He remembers seeing
Cooper and Alfred in the carpark

and was able
to identify him immediately!

Look at you, chasing leads!

Well, I just got lucky.

And Cooper's been charged
with murder?

Charged and in remand, babe.

What, you say babe now?

No.

Whatever, babe.

See ya, babe!
Bye.

Excellent. Excellent.
You're thoroughly prepared.

You have positive ID
of the defendant,

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

(Phone rings)

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

This is Tracey's
infectious diseases doctor.

Tristram, hi.

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

Go in and get started.

How long will you be?
Go on.

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

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

Um, gentlemen.

Hi, Richard Stirling.

Murray Rice,
and this is my associate,

Suresh Perera.

Ah, Mr Gillies has just been
called away urgently

so, I'll be getting things started.

Oh, I'm sorry to hear that.

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

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

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

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

Assault?

Mr. Stirling - Dick,

can I call you Dick?

You and I both know
that Mr McMahon drowned.

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

I'm sorry, what?

Drowned?

Was there a mistake
in the Coroner's report?

Not exactly.
So?

The provisional report specified
cerebral contusions

and I just assumed
that the cause of death

was from the blows to his head.

But there was also
ingested seawater in his lungs,

indicating that he was still alive
when Cooper left him.

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

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

It's manslaughter, it's not murder.

There was an intervening act -
the tide.

Does the word 'causation'
mean anything to you?

Hallett, 1969.

The assault victim drowned
in shallow water.

The defendant
was charged with murder.

The chain of causation
was not broken.

But unless we've got footage

of Cooper holding his head
under the waves -

Just use the 'but for' test -

'But for Cooper
bashing him senseless,

Mr McMahon would not have drowned.'

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

The tide is -
An ordinary event.

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

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

Where was Tony
while all this was happening?

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

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

I heard about the pre-trial
conference debacle.

I want Richard off the case.

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

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

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

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

I think it requires
a bit of competence.

Well, you've been happy enough
thus far

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

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

Yes. Come in.

New, ah, new desk?

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

Right.
Unstable.

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

Thank you.

You wanted to see me?

Um, no, it can wait.

Sorry to bother you.

For the tide to be
an intervening act,

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

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

How far back do you go?

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

Not a bad idea.

The footage shows him
being chased him towards the water.

And Cooper deliberately blocked
his escape route

back to the safety of the club.

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

and the death,
to make it murder?

Maybe not. You might have
to concede to manslaughter.

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

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

Why did I ever think
I could do this?

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

It happens to people
in high pressure situations,

like doctors and pilots.
What, what is that?

I hate it when you diagnose me.
Blinkered vision.

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

that you lose sight
of the whole big picture.

Come on -

Doctor Tatum says
there's only one solution.

(Upbeat drumbeat)

Put causation aside.

Focus on foreseeability,
Cooper's intent to kill.

I can't see intent to kill.

Then look for GBH
or reckless indifference.

You probably want
something strapless

to accentuate your shoulders.

Mens rea. Mens rea.

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

Think... think elegant.

Clean lines with
plenty of movement in the skirt.

Everyone knows the tide comes in,

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

Are you thinking veil?

Oh, Tate. Playboy mansion?

Do you have anything like

a sweetheart neckline
with a ballerina hem?

I have sisters.

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

That's better.

(Phone rings)

Ah, it's Con.

Can you answer it?

Ah, hey, Con? It's Richard.

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

Yep, I'll tell her.
Richard!

Can you pass me my bra?

Bye, Con.

I have to get back to the office.

I am thinking very bad thoughts.

How bad?
X rated.

I want you.

Stop working nights, then.

Stop working days.

(Door closes)

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

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

I'll get more info.
Goodnight.

Night.

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

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

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

Being Muslim makes me immediately
under suspicion for everything.

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

They're just rattling your cage.

Well, there is one thing.

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

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

You are kidding, right?

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

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

and you were lying about it?

Andy!

No, I'm sorry Richard, no.

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

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

But Cooper sent it
to his mate that morning.

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

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

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

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

We need more for murder.

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

I'm not going if Richard's going.

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

For the record,

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

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

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

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

It's happy hour.
Yes, happy hour.

I need happy hour.

I bet Tracey's never even had sex.

Yeah, she has.
What?

What? Who? When?

Atticus the finch.

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

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

It's how you pump.

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

Oh, shit! Dinner!

I forgot.

I, I'm, I'm grieving.

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

Look, this is my grieving face.
Ready?

Have a good night, Ben.

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

I know, I know that looks bad.

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

Dad's there

and it's too depressing.

I can't face him.

I need some distraction. Please.

Please?

OK, come on.

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

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

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

I wish.
What are you slaving over?

Some idiot, in their wisdom,

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

There goes that friendship.

You don't want the case?

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

Only in theory, huh?
Yeah, well sure,

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

and the rest of the country.

It will garner some attention.
Talk about pressure.

You do look a little bit
overwhelmed.

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

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

Yes,

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

Goodnight, Erin.

(Shudders)

(Jam band music)

(Doorbell rings)

Come in if you're horny!

Forgot my key. Sorry.

Expecting someone?

Ah, no, no, just wishful thinking.

I can be horny.

If it means
you're talking to me again.

OK.

But you have to be really,
really horny.

Like, rampant, insatiable.

Can't get enough.

I must have you now.

Do what you will.

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

(Both giggle)

How was I?
Amazing!

Glass of wine?

Bottle.

(Footsteps)

(Door shuts)

Hubby!

Have a good night?
Yes.

Did you keep your clothes on?

What?
Did you get your bra back alright?

Oh, no! We were shopping.

Yeah, right!
We work together.

And now he lives here.

He was homeless.

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

You didn't make ME banana bread!

You hate bananas!

I know he's in MENSA,

or some shit but -

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

He's gay.

Well -
(Groans)

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

There has to be something.
There is.

The text.

He always errs on the side
of caution.

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

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

You guys have no idea
what has gone into this.

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

shuffling your papers.

Forensics has torn this place apart.

I've pulled half of homicide
on to this.

The best phone data retrieval expert

picking through every kilobyte
of Cooper's phone.

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

just to get this over the line,
Richard.

What, because of Ben?

Oh, the thin blue line.

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

but he's still one of us.

I'm sorry.
Forget it.

Call Tony, tell him I'll...

..downgrade to manslaughter.

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

Not unless we want the drug squad

to order a hit on us
and all our families.

Well, the evidence isn't strong,

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

He might croak
before we get a conviction,

and we need to tread carefully
in the current climate.

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

Just thought I'd run it past you.

What's he got?
Hammel has pholonfrometry.

Wait a minute.

He's fallen from a tree?

Um...

..that can be fatal.

Many things can be fatal, Tatum.

(Mobile phone rings)

Richard?

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

Accessed it daily,

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

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

Foresight of consequences.

Reckless indifference.

Whether McMahon died
from the assault or the water,

it's secondary to the fact

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

Proceed on the indictment for murder?

Proceed on the indictment for murder.

(Phone rings)

Ben McMahon.

ON PHONE: Ben, it's me.

What's up?

We have enough...for murder.

Are you sure?

Yeah, this time, yes.

Rich?
Yep?

Don't get a big head.

Is this the porn site meeting?

At least nobody from this department
looked at the degrading images

on that website.

Uh - I did.

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

I can make love in a second.

Andy, the SES guy -
did you read that?

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

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

His brains were all over
the kitchen floor!

And she was standing there

with her fingerprints
all over the murder weapon.

This can not be a hard case
to prosecute.

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

Oh, in bed asleep.

Can anyone verify that?

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