All language subtitles for Crownies s01e18.eng

Said if we ran,
he'd track us down.

Most people would have taken
that risk.

Most people haven't been
treated like dogs.

On the charge of murder,
how say you?

We find the accused, Joanne Mervich,
guilty of the charge of murder. No.

Hey!
Use your brain, you moron.

And watch out for pedestrians!
I just wanted to give you these.

Thank you.

I really am sorry.

Uh, Richard.
I'm Lisa.

Salwa?
My girlfriend.

Good Muslim girl, then?
Yeah, of course.

Hi, sweetie!
Oh!

Um, nice to meet you, Salwa.

Mummy, please.
Mr Gardiner.

Your Honour cannot force Mrs Gardiner
to give evidence.

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

Max, I'm coming.
Mrs Gardiner!

Remain in the witness box.
Secure her!

I want to go home now!
Get out of my way!

♪ Theme music ♪

They will attempt to persuade you
that Max is an unlucky boy

who accidentally caused the tragic
death of his little brother,

(Breathes out)
Jake Gardiner.

Nine years old.

They'll argue
that Max has suffered enough,

that he should not be facing trial
for a game that went wrong.

It's difficult to look at Max in the
dock and not feel shocked and upset.

The defence will appeal
to your emotions.

They'll be manipulated.

You'll be asked to use those emotions
to find Max not guilty of murder.

But you must remember that emotions
have no place in this courtroom.

Facts. Evidence.

Head, not heart.

Cool intellect, not sentiment.

Save your empathy for the victim.

(Knock on door)

Come to rescue me from the scourge
of public opinion?

'Innocence Lost.
DPP a disgrace.'

'The controversial decision
to prosecute

an eleven-year-old boy for murder
can be placed firmly and solely

Ah, it's nothing
we haven't heard before.

I'm drafting a response.

'In your summary,
you and all your colleagues

who besmirch the noble profession of
journalism with your smear campaigns

dressed up
as public interest can...

go fuck yourselves.'

I understand your Max Gardiner jury
is full of parents.

Yeah, well, I managed to get
two young, childless men.

Gillian Warden fought everyone
I wanted to empanel.

Well, Virginia Gardiner cuts
a sympathetic figure.

Speaking of which, Joanne Mervich
is appealing her sentence today.

Lucky Erin.

Mervich is the gift
that keeps on giving.

An interesting day all round.

Once more unto the breach.

This is where you pump me
for information about my judge

and your bail application.

No, I wouldn't want you
to compromise yourself.

That's it. Not even one sexual
innuendo. I even said pump.

Well, think of it as a new leaf.
Ben McMahon, commitment man.

Why not?

I'm serious about you.
Is that a problem?

It's just unexpected.

I like it.

Stay out of it, Erin.

You're trying too hard.
And this is your business how?

She'll figure it out.
Just tell her the truth.

Yeah, I'd take that advice if your
love life wasn't so pathetic.

Ready for the last hurrah
of the boltcutter babes?

Let's get this over with.

Your Honour, as you will have read
in our submission,

it is our view that His Honour,
Justice Rosenberg, erred

by not taking into account my
client's mitigating circumstances.

It was clear from both the defence
and the Crown's psychiatrists

that my client suffered from
battered woman syndrome,

a sub-category
of post-traumatic stress disorder,

the symptoms of which
have increased exponentially

during my client's incarceration.

We regard the original sentence
as manifestly unjust.

Mr Crown, do you have anything
to add?

Only that the appeal is not based
on a failing of police procedure,

nor a point of law.

There is no fresh evidence,
and it is the Crown's view

that Ms Mervich received
a fair trial.

Mr Badrossian, I hope
that you have advised your client

that an appeal
not only has the power

to decrease the sentence given,
but also to increase it.

I have, Your Honour.
And your client wishes to proceed?

I do. Yes, Your Honour.

I hope your client is aware that,
without making any conclusions yet,

one may regard the sentence given
as lenient?

If I may have a moment, Your Honour,
to confer with my client?

It may be in your best interests
not to proceed.

I can't stay in that jail.

Please, I want to continue.
Very well.

I have considered the arguments
and the evidence submissions

and I am ready to pass judgement.

Your Honour, if I may,
I'd like to make it clear

the Crown was content
with the sentence as given.

Thank you, Mr Crown,
but I am not.

I regard the original sentence
of ten years' incarceration

as manifestly inadequate.

Inadequate? What?

I substitute the following sentence.
On the count of murder... Please.

That the appellant serve...
Please.

16 years imprisonment with
a non-parole period of 14 years.

(Gasps)
Remove the prisoner.

Help me, Erin!

Erin!

Erin! Erin!

Erin!

Joanne knew an increase
in sentence was a risk.

She'll have the next 16 years
of her life to think about that.

How did she know my name?
I don't know.

Tell Tracey I'll be back soon.
Erin.

I don't think a drink'll help.

Four words, my friend.

Petting zoo, wishing well, theft.
That's five words.

Bide A While Petting Zoo. What are
you doing that's so important?

Bail applications
with Justice Morgan.

Julie's new judge?
Yep.

Hey, my Dad used to take me
to this place.

I put money in that pond.

Bart and Jacinta broke into
the Bide A While Petting Zoo

at around midnight, they made
their way to the wishing well

and stole an estimated $10,000
in small change using a wheelbarrow.

Dividing the money
between five children's charities?

Robin Hood complex.

You've got like 30 files.
I'd be happy to offer my help.

What do you want? The identity
of this mysterious friend

you've been hiding.
What do you two do, anyway?

She's a cyclist, OK?
We cycle, in groups.

According to this, they left a note

deriding the zoo's owner,
one Clarence Ferguson, as,

amongst other things, a thief,
a liar and a paedophile.

I do remember him!
He does look like a paedophile.

That's a terrible label. You can't
judge people on their looks.

Richard, he's got a pedo-tache.
Hmm.

So we have juvenile offenders
who effectively delivered the money

to its intended destination.
Well, it's still theft.

OK, then. Can you organise
a meeting with Mr Ferguson?

If you tell me her name.

Lisa, OK?

Don't buy the smile. Gillian Warden's
getting five grand a day out of this.

What? She's not even a silk.

She knows Virginia will pay
anything to get Max acquitted.

Let's hope Gillian can sleep at
night when Max kills somebody else.

(Banging)
All rise.

The defendant may now enter.

Madam Crown, are you ready
to begin the prosecution opening?

I am, Your Honour.

If at any stage during these
proceedings

you require a short break
due to your condition...

I'll keep that in mind.

Ladies and gentlemen of the jury,
over the next few weeks,

the defence will have you believe
that Max Gardiner

is a sweet, innocent child,
incapable of committing the murder

with which he's been charged.

(Siren wails)

Erin!
Ari.

What are you doing here?

Getting myself fired, probably.
I want to see Joanne.

I'm sorry. Um, Joanne, she's...
She's just tried to kill herself.

Is she going to be OK?
I don't know.

We're supposed to help people.

I have to get to the hospital.

I'll let you know what happens.

Ella, please stand and raise
your right hand.

Your other hand, Ella.

Repeat these words after me.
I sincerely declare and affirm...

I sin... Um...

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

So if I said I was a grown-up,
would that be true, or a lie?

True.
Well done.

If I said I was Santa Claus,
would that be true, or a lie?

Your Honour, might I suggest
you try another question?

If I said I was a big bird?

Lie.

Good girl. In this courtroom,
you may only speak the truth.

Do you understand?

Your witness, Madam Crown.

Ella, can you tell me what happened

after Max put his arm
around Jake's neck?

Ella, would you like me
to ask the question again?

Ella, you must answer
the lady's questions.

Ella, what's your rabbit's name?

Buster.

Does Buster know
what happened to Jake?

If I ask Buster the questions,
could you answer for him?

Your Honour, I object.

I'm more than willing
to let certain rules slide

in light of the witness's
extreme youth,

but to rely on a toy for evidence
in chief examination?

Your Honour, it is precisely due
to the witness's extreme youth

that I suggest this technique.

Might I also suggest that the reason
the witness is reluctant to speak

is due to the physical proximity
of the accused.

Proceed with extreme caution,
Madam Crown.

Buster, can you tell me what happened

after Max put his arm
around Jake's neck?

Jake went a funny colour
and hit Max lots.

And do you remember
what happened next?

Jake fell down.
And what did Max do?

Buster, could you tell Ella
that she needs to look at me.

He laughed.

Did Max say anything?

Objection, Your Honour.
Leading the witness.

I'll rephrase. Other than laughing,
did Max do anything else?

He said, 'Now I'm the butcher',
and put a blanket on Jake.

Buster, what did Ella do
when Max laughed?

Ella was crying.

Why was Ella crying?

Because Max said...

Buster, you can tell us. It's OK.

Max said he'd hurt Ella like Jake
if she told anyone.

Mr Ferguson, has any money
been stolen before?

Call me Clarry.

Just a few bucks here and there.
Till these little bastards.

Now you do know the accused
gave the money

to your specific charities anyway.

I don't give a flying proverbial.
They need a good whipping.

Punish the children
who help the children

by taking money from children
meant for children.

Um, the police have informed us

that they were willing
to not authorise the brief,

but you're determined to go ahead?
Why wouldn't I?

It could be argued that Bart
and Jacinta Bailey

were only taking back
their property. Come again?

Apparently they made a wish
every weekend for ten years,

receiving nothing in return.
They wanted a pony.

What do I look like,
a fairy godmother?

It could be suggested that
you're defrauding these children

and their parents.
Defrauding, my arse.

I barely take a wage.

My wife and I live in a caravan
at the zoo. You're married?

And all the money from
that wishing well goes to charity.

I've got receipts.

For $10,000 a year.

Um, I've been working out
the figures.

Your records indicate

approximately 400 kids enter
the petting zoo per weekend.

Would you say they all make wishes?

Most. So?

Say they all give one dollar coins,
that's 400 per weekend,

1,600 per month.

So roughly $20,000 dollars per year.
What's that got to do with it?

Where's the extra $10,000 going?

Tatum. Have you heard of obtaining
financial advantage by deception?

I support a bloody orphanage,
alright? In Thailand.

An orphanage? That wasn't
in your original statement.

Well, I don't like
to big-note myself.

So you can tell the cops
and those little shits

that I won't be backing down.

Someone's gotta stand up
for needy kids.

I can't ask David to nolle the brief

just because you don't like
the victim.

Tell me he's not creepy.

He's a legitimate
petting zoo entrepreneur

who donates regularly to charity.
Who has a pedo-tache.

Not everyone can grow facial hair
to your exacting standards.

Hey, where have you gone?

I just can't fathom fratricide.

Is Tariq a shit? Absolutely.

Have I wanted to kill him?
Many times.

I'd still like to meet him.

The way he's going
you probably will one day,

in the back of a paddy wagon.
Don't deflect.

I know you're having dinner
with your family tomorrow night.

Why can't I come, too?
Hmm?

(Front opens)
(Moaning) It's OK. It's OK, it's Erin.

That's definitely Erin.

I'd better help her.

Don't you try
and wiggle out of this one.

Ohh!
You. Me. Your family. Why not?

I don't know. They'll be driving
back from the North Coast.

So they'll be really tired, and...
Are we out and proud or not?

They will grill you
for every detail of your life.

I'm very good in interrogations.

OK. OK.

Seven o'clock, here.

I'm cooking.
Good.

I'll wear
my 'meet the parents' shirt.

(Retching)

Never have I seen
such disgraceful conduct,

completely unbecoming
an officer of the court.

Disappearing, turning off your phone
when your group managing lawyer,

namely me, is attempting to discover
exactly where you've disappeared to.

You can imagine my delight
when I discovered

your impromptu visit
to Benchley Correctional Centre.

How did you...? If you paid
any attention in the workplace,

you'd know I have many contacts.

And for goodness sake, take off
those ridiculous sunglasses!

Ah, sorry to interrupt.
Erin, can I have a word?

Joanne Mervich's appeal?
An extra six years.

Well that explains the hangover.
The eye?

Oh, a doorknob.

Was that before or after
the dog ate your homework?

I was running to the toilet
to throw up.

I tripped and smacked
my face on the doorknob.

Yes, I am a walking cliche.

Thanks for rescuing me. Yeah, well,
Tracey's right about one thing.

Hung-over on the job,
Erin, it's not a good look.

I keep telling myself that.
How's the Gardiner trial?

Awful.

If you need someone to talk to,
I'll try not to throw up on you.

How about tonight?
Are you free for dinner?

Ah, no plans.

I'd like you to meet Ash.
Say thanks for all your support.

That'd be great.

(Knock on door)
Sorry, Janet.

That boy from Max's slave gang,
Michael Griggs?

He wants to pull out as a witness.

(Clears throat)
Dinner at Graceland.

Jealous?
Absolutely.

I've been dying to get nailed
by two hot lesbians.

You know, steel capped boots,
a flannel shirt,

will perfectly compliment
that shiner.

Ah, this is why you don't get
invited to Janet's house.

What exactly are you going to be
bringing to the conversation, hmm?

Janet's a scary smart woman,
so you can double that with Mrs King.

I can hold my own, thank you.

Your child witness
has been threatened.

Look, apparently all this week,

someone's been leaving packages
of dog excrement on their veranda.

So this someone knows
Max made Michael eat dog shit?

Then last night, Michael received
numerous threatening emails,

all anonymous, all alluding to
Michael being strangled like Jake.

Typical Max.
Like the slave gang.

When anyone challenged his
authority, he issued death threats.

You're assuming that Max sent those
emails. He's in a secure facility.

With internet access,
however limited.

Our IT guys are trying to track
the IP address down.

He forced kids to beat each other
with sticks until they bled.

You think he's not smart enough
to find a way?

It's exactly why Michael's
refusing to give evidence.

He's got no choice.
He's already been subpoenaed.

What do you think, Dylan?

Put him in the witness box,
he'll fall apart and lie.

Good.

The jury will see how terrified
he is of Max. Or they'll see

a wanker lawyer forcing a
traumatised child to give evidence.

Are you deliberately trying
to lose this trial?

I'm sorry.
That was uncalled for.

Yes, it was.

Tell Michael Griggs he can go home.

Better to get the information from
an adult. Who do we have? Um...

Jennifer Metham. She taught Jake
and Max in a composite class.

Alright, let's do this.

You look like you could use
the sugar hit.

1994.

Little town in Norway.
Three kids making snow castles.

Two boys attacked the girl,
leave her to die. Six years old.

Silje Raedergard. I remember. The
boys were treated as victims, too.

The parents and the community
accepted responsibility,

counselled the boys,
sent them back to school.

Because the legal age
of prosecution in Norway is 15.

Exactly. Our system's absurd.

We lock a boy up
when he's learning how to be a man

then we're surprised when he comes
out worse at the other end.

What if locking him up
keeps us safe?

Oh, send him to a shrink.
Get his head read.

Fix it before puberty hits.

You know, you are the first person

to come up with
some kind of solution.

I'll drink to that.

I might look like a hopeless drunk,

but I know when one of my bottles
goes missing.

Kids should be treated like kids.

Not fiddled with, not bashed,

not murdered and not judged
like bloody adults.

Tony Gillies. Bleeding heart.

(Glasses clink)
Piss off, Janet.

Give us a sniff.

A diversion program
is better than juvie.

Writing a letter of apology's better
than paying the money back.

You should take me
to court every day.

Clearly, I'm your good luck charm.
We make a good team.

Creepy Clarry looked so pissed off
with the judgement.

He was hoping
for slow, painful death.

Well, I'm sure volunteering
at the zoo

will be painful enough for the twins.

Especially when they still think
the zoo's ripping kids off.

No-one's enforcing the wishing well.

Parents still have to give consent
by giving kids a coin to throw.

Do you really think all that
money's going to charity?

He is supporting an orphanage.
Yeah, in Thailand.

Do you know the baht exchange rate?

What was the wish
you made that didn't come true?

It's not about that.

If Clarry Ferguson is keeping some,
if not all, of this money,

then he's obtaining financial
advantage by deception.

Even if elements of that charge
were present,

he could explain the discrepancy away
as petting zoo running costs.

Why don't you believe he's dodgy?

Because your opinion's
based on his moustache.

Let it go, Tates.

What do you think?

Is your Xena costume in the wash?

I'm trying to be casual.

And Janet will be in no way insulted

by your attempt
at lesbian dress sense.

I choose to ignore those words

because I know you're nervous
about tonight.

Not nervous.

I'm shitting myself.
It's a big difference.

Your parents are cool.
They'll behave.

Who knows, they might even like him.

What do you think?

Ah, Alice in Wonderland meets
Jimi Hendrix.

With... with a black eye.

Hey! Hey!

You're a good Muslim tonight,
remember?

I'm saving you from yourself.

I'm surprised
you can even look at alcohol.

It's medicinal. I'm nervous.
It'll be fine. Relax.

I'll put these back in the fridge.

Maybe I should call her.

Is she usually late?

No, stop.

No work tonight.

(Doorbell rings)

Here she is. Finally.

Oh, um, maybe don't
mention the black eye.

Oh, OK.
Erin, hi.

Hi. Mwah.

I would like you to meet Ash.

Lovely to meet you.
Thank you so much for inviting me.

Sorry, you're not what I expected.

Wow, that was incredibly rude.

Everyone assumes Janet's married to
someone who looks like Lucy Lawless.

I gave up being insulted
a long time ago.

I'm so sorry I'm late.
I got caught up.

Tariq, hey. And Salwa. I...
I wasn't expecting you. You look...

Ah, you look different.

I'll take that as a compliment.

Ah, where are Mum and Dad?

Late. They told me
to get here first.

G'day, mate. I'm Andy.

(Speaks in Arabic)
Ah, I don't speak Arabic.

And this is Salwa.
Nice to meet you.

No wonder you didn't go for Mustafa.

What's to eat? I'm starving.

Amazing she was allowed out
on a school night.

School night?
Year 11.

Welcome to the family.

So how did you two meet?
Mutual friends, actually.

Janet was at Oxford with my friend
Tim from Magister Juris.

Are you a Rhodes scholar?

Anyway, back in Sydney,

Tim kept on talking
about his amazing friend Janet

who he was sure I would like.

She loves telling this story.
And then about ten years ago,

Janet lived in Berlin for a few
months, and Tim suggested I visit.

I got off the plane. I was all
jetlagged and bleary-eyed.

You were perfect.
That's really romantic.

I backpacked around Europe,
just after school.

We went to Berlin.

I remember the big pretzels
and the stein glasses.

I might just...
Sure.

Well, where are you?
Flat battery? Mum, are you OK?

Well, how long will you be?

No, well I bought all this food
and...

Yes, Tariq and Salwa are here.

No, she's not a nice girl.

Where do you get off
criticising my girlfriend?

OK, yeah, yeah.
I'll make sure Andy knows.

Yeah, yeah, another time. OK, bye.

You've been an absolute jerk
to Andy.

Don't expect me to play nice
with your little Lolita.

You don't know anything about her.
Her dad's a doctor.

She comes from a good family.
Who don't know she dresses

and acts like a porn star.
She's studying hard.

What, pole dancing?
Four-unit math and biology.

FYI, I'm doing my HSC early.

I guess that makes her smarter
than you.

Can you give us a minute, Salwa?
No. I want her to hear this.

I don't do family dramas.
I have enough of my own.

I'm telling you to stay here.

Nice try, habibi.

I'll go wait in the car. So,
perfect Muslim girlfriend, right?

Like you can talk.
Your boyfriend's a cop.

So? He was in the Middle Eastern
Taskforce. Didn't want to tell me?

Well, unless you're planning a jihad,
I don't see why it matters.

Is everything OK?
No.

You're not right for my sister.
What?

With respect,
that's not your decision, mate.

She doesn't even know
what's good for her.

Oh, where did you get
all this sexist bullshit from?

I'm out of here. Well, Dad would
kick your arse if he heard you!

I would run for the hills
while you can.

I don't think so.
Just starting to get interesting.

And we've got a lot of food
to get through.

You two are so happy.

I wish I was as happy as you.
Is it a lesbian thing?

Maybe I should jump the fence.

Erin, I know you've had
some bad experiences...

You've got no idea.

You know I kissed Rhys.
That was smart.

Don't get me started on Ben.

And Jimmy.

You know, I tried to make it work.

You dated Jimmy Butcher?

Turns out if I'm not plastered,
I'm not interested.

Sad, frigid Erin.

Um, how about I make you
a cup of tea instead, hey?

You're so nice to me.
I'm sorry I leaked the file.

What?

Jimmy told me last week.

It was my fault.

When I took him to the office
at the Christmas party,

he knew it was there.

Thank you for a lovely dinner.

Can I just use your bathroom?

Sure. It's down the hall,
next to the nursery.

You have to tell David.

Erin. Erin! It's 6:30.

I've called you a taxi.
It's waiting outside.

Erin.

Janet, I'm so sorry.

The DPP carries Tony because
he's earned the right.

They won't carry you.
I thought your bad...

I thought your bad decisions
were directly related

to the Mervich trial,
but they're not.

You are a smart, compassionate,
beautiful woman,

and you are destroying yourself.

And if what you told us last night
about Jimmy is true,

you can't be held responsible
for leaking that file.

He took advantage of you.

In law, being drunk isn't an excuse.

You're still responsible for your
actions. Then be responsible.

You want to fight for victims,

protect people who can't
protect themselves?

The Erin I know can do that.

But that Erin, she's slipping away
and you're letting her go.

Can you please apologise
to Ash for me?

You can do it yourself,
next time you see her.

Morning. You ready?

I don't know if I want to hear
Sean Gardiner describe

his son's dead body.

Janet, I'm sorry I won't make it
to court with you today.

Obviously good luck. How long until
this new murder crosses our desks?

Actually, it's an internal matter.
It's a police shooting.

Do they know who?
Not yet. Ah, my apologies again.

Ah, Dylan. Can you please
let me know when you find out?

I really... You're dating
Andrew Campbell, I know.

I will text you
as soon as I know more.

Ready?

Can you describe some of the injuries
you saw Jake and Ella sustain

before the day in question?

They were always covered
in mysterious bruises.

Jake had a broken wrist
after skateboarding with Max.

Ella said that Max pushed her head
under the water in the pool,

held her there.

Did you confront Max?
Yes. He said they were playing.

What was your response?

Well, I knew this wasn't normal.
Everything about Max felt wrong.

I mean, even when he was a baby...
Objection, Your Honour.

Mr Gardiner, if you could
restrict yourself to facts,

rather than emotions and opinions.

Was there a specific act
you witnessed

which led you to this conclusion?

Ah, we bought the kids rabbits
one Easter.

I was watching Max playing
with them outside.

The phone rang,
I went inside to answer it.

When I hung up, Max came in and said

the rabbits had escaped
onto the road and died.

Mr Gardiner, I'd like to take you
back to the day Jake died.

What were you doing
at approximately 12:30pm?

Playing tennis, with my wife
at home. The kids were inside.

And what happened when you finished
playing tennis?

We went back to the house.
It was really quiet.

That doesn't happen with three kids,

so um, well, I called out
but they didn't answer.

Virg went to have a shower.

I felt there was something wrong,
so I went to Ella's room.

She wasn't there,
so I went into the front yard.

What did you see? A shape,
on the ground, under a blanket.

I thought, oh, Jake's playing
hide-and-seek,

so I went over to tickle him.

And he... he wasn't pretending.

His body... was...

cold, and his lips.

I knew he was dead.

So, I, um, I got up
and I went to Max's room.

He was just sitting there,
doing his homework.

I didn't mean to hurt him!

You're lying.
Max!

Big Smiles Orphanage. Thanks, Rob.
You're awesome. Chok dee ka.

What are you doing on my phone?

OK. So you know my friend Lindsey?

She did three weeks training
at a Muay Thai camp last year...

Muay what?
Thai kickboxing. Keep up.

Anyway, at the camp, she met
Elisabetta from Sweden,

who's Facebook friends
with Canadian Rob,

who lives at a camp in Chiang Mai.

Exactly how many friends
are in your social network?

So I became Facebook friends with
Rob, who's really hot, by the way.

I've been researching this orphanage.
Apparently legit.

Creepy Clarry flies over there
twice a year to fund the place.

Twice a year for six weeks.

Tatum,
we have hundreds of other briefs.

So I rang Rob to get him
to check the place out.

You can't use my phone
to call Thailand!

Oh no, please, feel free.

Ah, it's the apology letter
Jacinta and Bart Bailey wrote.

Why is the defence copying you in?

Hi Richard, I thought you'd
appreciate what my clients wrote.

I'm advising them
to have another go.

Dear Mr Ferguson, we're sorry you're
such a lying, stealing paedophile.

I hope it's worth ripping off
innocent children.

See? They're on my side.
(Groans)

VOICEMAIL: You've reached Detective
Sergeant Andy Campbell.

Please leave your name and number.

Ah, Andy, it's me again.

Um, I heard there's been
a shooting, so I'm just...

I'm a little bit worried.

I know you're probably fine.
Just call me back, OK?

The officer who was shot
was on Andy's taskforce.

I don't know who yet. Sorry.

It won't be him.
Just leave your phone on.

It's time to go back in.
Janet, I can't...

Lina, this is our last witness,
and then you can go.

Dr Spindler, what was your conclusion
as to the cause of death?

Jake's death was caused
by manual asphyxiation

due to a tracheal choke.

What pathological signs
led to this conclusion?

Strangulation results in blunt force
injury of the tissue of the neck.

Externally, there was bruising
caused by fingernail marks.

How is this possible, given
the nature of Jake's death?

Well, contrary to popular belief,

fingernail marks
are not caused by the assailant,

but by the victim trying to pry
the pressure from their neck.

May I direct the jury's attention
to Exhibit P25?

Visually, were there
any other external signs?

Well, even in the photo, you can
quite clearly see petechiae.

Pinpoint haemorrhages
of the skin of the eyelid

and conjuctiva of the eye itself.

And was this evidence enough
to suggest asphyxiation?

(Mobile beeps)
Not in isolation, no.

It was during the internal
examination of the neck

that I discovered fractures
to Jake's laryngeal skeleton...

Excuse me. Miss Badir,
what exactly are you doing?

Ah, for... forgive me, Your Honour.
Um... A pressing matter.

What matter?

Madam Crown, perhaps
you'd care to explain

this unprofessional behaviour.
I apologise, Your Honour.

My colleague's been unwell
all morning.

Well, I trust you have
a spare solicitor?

Erin O'Shaughnessy for the Crown,
Your Honour.

And are you also suffering
from Ms Badir's sudden illness?

No, Your Honour.

And the, um...

I'm fit to be here.
OK, Sit down.

To summarise your evidence,

it would have taken medium
to severe force on Jake's neck

to cause the level of tissue damage
and structural damage to the larynx.

Yes. It's also clear by the
fingernail marks on Jake's neck,

and the DNA skin scrapings
from under Jake's nails

that he fought against his brother.
Yes.

You've stated that
in your experience,

anyone undergoing asphyxia develops
air hunger. They fight.

They gasp as the brain
is starved of oxygen.

Correct. In your expert opinion,
how long did it take for Jake to die?

Unconsciousness would have occurred
in ten to fifteen seconds.

If neck pressure was constant, death
may have only taken up to a minute.

No further questions, Your Honour.
Mrs Warden?

Dr Spindler,
as a forensic pathologist,

you would have seen a great number
of murder victims, correct? Yes.

In your autopsy report,

did you consider the manner
of death to be a homicide?

Strangulation is a deliberate act.

Mm. However, given
the circumstances of the death

and the ages of children involved
there... Simple answer, please.

Did you consider this death
to be a homicide?

No.

Thank you.

No further questions.

Any re-examination, Madam Crown?

Ah, no, Your Honour.
That is the case for the prosecution.

Thank you, Doctor Spindler.

I suggest a brief recess before
the case for the defence.

Awesome. Thank you so much.
Bye. Richard!

Rob got back to me.
Muay Thai Rob? You know...

Oh, the hot one? And?
He found the orphanage.

All above board, but run by a woman
calling herself Mrs Penpat Ferguson.

Clarry has a Thai wife, too?
And two little half Thai Fergusons.

He uses the money from the wishing
well to visit his secret family.

So despite the moustache,
he's not a paedophile.

I'm occasionally wrong on the
details, yes, but he is a jerk.

Yeah, well, a jerk facing charges

of obtaining financial advantage
by deception, I imagine.

And bigamy. Alright, you win.
You were right to sleuth.

I think this victory deserves
a particularly large drink.

Your shout, tonight. Conrad's out,
so it's just you and me.

Tonight is, um, tricky.
What? You never have plans.

Bike girl.

Tomorrow night,
me and my wallet, all yours.

Alright.

Dylan, it's Lina. Um,
I'm at the police station,

but they won't tell me anything.

Look, I understand police procedure.
I just... I need to know if he's OK.

Can you um,
can't you pull some strings, or...

Just call me back, please.

OFFICER: All stand.

Mrs Warden, is the defence
ready to proceed?

Your Honour, before we do, there is
a matter which ought to be raised

in the absence of the jury.
What's she doing?

Members of the jury, you will be
called back after a brief recess.

Your Honour, I was frankly surprised

when the Crown's case made it
through committal.

With no disrespect meant
to my learned friend,

the past few days
have clarified this view.

The defence has no case to answer.

The threshold issue here is
the presumption of doli incapax,

a presumption
the Crown has failed to rebut.

I quite agree.

Your Honour, I must protest.
The Crown's case is clear.

Clear that Max Gardiner is not
a very nice little boy,

that he is a bully and undoubtedly
requires counselling

to correct his behaviour.

Well then, Your Honour must see
the value in running this trial.

The Crown has the right
to cross-examine

the defence witnesses to further
rebut the doli incapax presumption.

If the Crown's evidence
has not proven

that Max Gardiner knew what
he was doing was seriously wrong

when he put his arm around
his brother's neck,

then no amount
of cross-examination will.

Bring in the jury.

Frankly, I'm disgusted.
The DPP bringing a case like this

before the courts
is an abuse of process.

Members of the jury,
as a matter of law,

I have concluded that
the evidence given by the Crown

could not establish
the essential ingredients

of the offence of murder by
an accused who is 11 years of age.

The verdict must come from you,
as the jury,

but you have no choice in the matter
because of my ruling in law.

You'll not need to retire
to consider your verdict.

I shall simply say
to the foreperson of the jury,

do you, in accordance
with my direction,

find the accused
not guilty of murder?

The answer will be yes.

Mr Foreperson...

do you, in accordance
with my direction,

find the accused
not guilty of murder?

Yes, Your Honour.
Oh, God!

Thank you.

REPORTER: Mrs Gardiner...
(All speak at once.)

It's outrageous.

How could he throw the trial out
before the defence even started?

It's at his discretion.

You know the law. It's like tofu.
It can be whatever you want.

It's not worth
appealing his direction to acquit?

So, Max just walks.

Whether Max was convicted or not,

it's a life sentence
for that family.

Every day, Virginia will wonder
if her son's a monster,

if Ella will ever be safe, if her
marriage can ever be repaired.

VOICEMAIL: You've reached Detective
Sergeant Andy Campbell.

Please leave your name and number.
(Beeps)

Lina.

You're here.

Dylan told me someone had died

and then those arseholes at the
station wouldn't tell me anything,

and I thought...
I thought you were...

I was so... I was so worried.

You're going to get like
a thousand voice messages.

You're OK.

No, I'm not OK.

We were trying to make an arrest.

We'd been working up to it for weeks
and these guys took off.

Drove away. So we followed, and
we blocked them in this alleyway,

either side of their car, and...

And then they started shooting,
so we shot back.

And then she was just... just lying
there on the ground, bleeding.

We drove to the hospital.

I was holding her up, but...

She was just doing her job.

Were you friends?

I just saw her around, said hi.

She's got kids.

Hey, you don't know for sure
it was from your gun.

The ballistics report...
I know.

I killed her, Lina.

Unexpected end, I hear.
Very.

Are you relieved?

I'm tired.
Not long now.

Yeah, I'm starting to think
they're safer where they are.

My wife used to say
the same thing, every pregnancy.

I read your closing. Brilliant work.

A shame nobody got to hear it.

David.

How do you cope?

Having to go home to your wife and
children after everything we see?

That's how I cope. Go home, Janet.

(Shouting)

We'd like to speak to you
about a statement you made

concerning a serious assault here
in the prison yard at Benchley.

When you were out of the room,
Lucas reached undfer the table.

Don't you know that's my father?
Let go of me or you're fucking dead.

You what? Nicholas Quinn died
early this morning.

You killed him, David.

So, does this mean the file
investigation's finally over?

A mate of mine saw
the ballistics report.

It was my gun.

Closed Captions by CSI, MemoryOnSmells

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