All language subtitles for the.jury.death.on.the.staircase.s01e02.1080p.hdtv.h264-cbfm_track4_[eng]

What did you see
when you walked inside?

An Asian man crying really loudly.

And the patient who was lying
on his back.

I'm going to dump that shock.
He's gone.

Hey, what happened this morning?

We had a fight.

We still don't know
the actual cause of death.

It drives me nuts.

Did you see a laceration
to the deceased's right chin area?

Yes, I did. I examined a silver
component of the fruit juicer...

With what appears to be
blood staining.
Yes.

It was bigger and a bit heavier

than I expected it to be.
It could be used as a weapon.

It's like a big jigsaw
and we're sort of being fed pieces.

Yeah. You really don't know

if he's feeling guilty,
if he's very sad.

You can be remorseful,
but still be guilty.

Crying doesn't mean
you're sad or you're sorry.

He tried to argue with me.
He criticised me a lot.

And then...
And then my head started spinning.

Carlo was criticising him a lot.
What was that about?

What was he doing?

What happened then?
I don't...I don't remember.

When a person is accused of a crime,

it's often the job of a jury
to decide their fate.

But do juries always get it right?

To find out,
for the first time in Australia,

we're following a jury
through a criminal trial...

Sean Yang did unlawfully kill
Carlo Levetto.

..with actors restaging
a real case word-for-word.

Where in previous statements
have you ever told anyone

that Mr Yang's crying
was a temper tantrum?

But just as in a real court,
the jurors are everyday people.

That was hard to watch, huh?
Blimey.

We'll follow 12 jurors...

Everybody agrees there was a fight.

No. I took fight to be argument.

..as they work to decipher
a baffling criminal trial.

How did he die?
That's not our job to find out.

Our job is to listen to
the evidence.

And you're saying
"No, it can't be shown.

"It can't be shown."
Well, who else was it, then?

Will the jury convict
an innocent man?

Hang on.
He's supposed to convince us, right?

Or will they free one who is guilty?

I'm very unlikely to change my mind.
Ah!

The jurors reveal their strengths
and their prejudices.

I totally recognise
that I do have a bias.

"Thou shalt not kill"
really rings home.

I only had one opinion of criminals.
They're guilty.

They're all liars.

Will our 12 jurors arrive
at the same verdict

as the original trial?

How say you?

Is the accused guilty or not guilty?

I swear by Almighty God..

That I will give...

A true verdict...
According...

To the evidence.

The jurors are arriving
for day three

of the manslaughter trial

in which Sean Yang has been accused
of the unlawful killing

of his long-term partner,
Carlo Levetto.

The case so far has been mystifying,

with no clear cause of death,

and the relationship itself

is raising questions among
the jurors.

The only motive
I could think of is

someone wanted to end
the relationship,

and the other party found out

and didn't want them
to end the relationship.

I'm not convinced, you know,

Mr Yang is a villain
in this story, yet.

I'm not...
I want to hear more about him.

Before we see more evidence,

I would like to know
whether he had depression prior

or whether he developed it
due to the relationship.

I don't even see
how the two got together.

Complete opposites, like, just
the size of them and the age.

They would have to have a lot
of understanding

to get through and keep
the relationship going.

Good morning.

Good morning.
Hello.

Before the prosecution continues
its case,

the jurors assemble
in the deliberation room,

where cameras are normally
strictly banned.

Did you sleep well?

When I got to sleep.

I didn't get to sleep
till about 3:30 or something.

I was still awake.
Really?

Good morning.
What were you thinking about?

The whole case?

No, actually, it was the last thing
on my mind.

I was just watching movies.
You're like, "What case?"
Watching the footy.

That's awesome that
you can detach, though.

Oh, hell, yeah.

But you'd be good at that, I think.

Sometimes I'm too good at it,

and then I forget,
and I can't bring it back.

How are you?

You look tired.

Well, that is unfortunate.

That's just my face,
I must say, when I wake up...

Traditionally, we talk about a jury
being a trial of your peers.

And that's really important
that it's not some elite person

that's looking down on you
telling you off.

The only thing I thought of was,

what do you call an Italian man
that lost his car?

An Italian man lost his car?

Oh, my gosh, it's going to be
a joke.

Well, I don't know.
What do we call him?

Car-loss.

Car-loss.

I'm good at telling dad jokes.
Absolutely.

It's the collective wisdom
of 12 ordinary people

that are making this decision.

And that's why this institution
has been around for centuries.

I honestly thought
I was going to go home

and be exhausted and just sleep.

Your brain keeps ticking about it.

All I could come back to was,
"He was so critical of me."

Something like, "He criticised me."
Yeah.

Yeah. Then his head started
spinning.

We need context on what exactly
happened with the criticism.

Do you think it is conducive to
attacking him?

Maybe he was...

That he used the blades,
but he threw it at him.

Yeah.

Killing him.

Everybody is capable of
losing your cool.

Yeah, I've been yelled at

and I have yelled
at my significant other,

and I'm not proud of it.

Um, yeah. And there's dire
consequences.

Hello. I'm a single dad.

It's definitely happened
to the mother of my kids and I.

Like, yeah, we yelled
a few times

and I said sorry and even wrote
a song about it.

It's just a good thing to know,

is it something that he's felt
belittled this entire relationship?

It can be just as effective
as physical abuse, verbal abuse.

100%. Oh, my God!
Yeah, yeah.

And if that's what their
relationship was...

People don't know sometimes
that they're in an abusive...

They don't realise.
Maybe he fell into a depression

because he was unaware that actually
he was in an abusive relationship

if Carlo was always
so critical of him.

(KNOCK ON DOOR)

Good morning, everybody.

I'm not worried about

the responsibility
of judging someone.

People judge every day, so I think
we're pretty hard-wired to do so.

Until now, the prosecution's case
has focused

on evidence from first responders.

Today, the jury will hear
from family, friends and neighbours,

starting with a witness who was only
metres away when Carlo died.

Is your name Felicity Cooper?
Yes.

Now, your home is a Victorian
terrace. Two levels.

And it's a mirror home to the home
that Carlo and Sean lived in.

Is that right?
Yes.

Now, in relation
to this particular property,

you've got a common wall
between the two homes,

which is a double brick.
Yes.

And you would hear them moving
around the house

and conversation that was above
normal conversational tone.

Is that right?
Yes.

(SINGS IN ITALIAN)

(BABY CRIES)

(HUMS)

And your baby,
how old would she have been then?

She was nine months, 10 months.

And did she have trouble sleeping?
Yes.

Sean and Carlo were in the process
of renovating their home.

And that caused some tension
between you, did it not?

Yes.

Do you remember your husband
told you

that he asked Sean if they would not
renovate on a Sunday?

Yes.
And Sean agreed.

But a few weeks later,
Sean was on the roof,

hammering the iron roof right
outside your daughter's window.

And your husband asked him to stop,
but Sean became angry at him.

Is that right?
Yes.

And you were having renovations done
to your house as well, were you not?

Yes.

New floorboards downstairs
and a new kitchen.

Was that going on at the same time

as the renovations occurring
next door?

Yes.
And then there was an argument,

because you parked your car in front
of their house instead of yours?

Yes. Parking can be difficult
in the street.

And at that stage,
did Sean shout abuse?

Yes, I believe so.

And did he behave in an aggressive
manner at that stage?

Yes, I believe so.

So I take you now to 12 March 2022,
about 7:45am.

Did your husband, Angus,
go out for a driving lesson?

Yes.

Did you stay at home with
your daughter?

And were you on the street level
of your home?

Yes.

And at about 8:15am, did you hear
some noises coming from next door?

Yes. It sounded like a shelf falling

with pots and pans on it
and lids rolling on the floor.

Lids or a lid. One lid or several.

And did you then think
that you heard Carlo singing

as he sometimes sang opera
from time to time around the house?

Is that...? Is that right?

I heard a sound.

I don't know what it was.

I thought it was Carlo singing
because he sang quite regularly.

And then there was silence.
Yes.

And about 10 minutes later,
did you hear screaming and crying?

Yes.

Did you recognise that it was Sean
making that noise?

Yes.

How would you describe it?
A temper tantrum.

And could you hear Carlo at all
during that time?

No.

And did this crying and wailing keep
going on for about 15 minutes?

Yeah. About that. 10?

And then did an ambulance arrive?
Yes.

(SIRENS WAIL)

And at about 2:00, police
from Glebe detectives arrived.

And you accompanied them
to Glebe Police Station.

And you provided a statement.
Is that right?

Yes.

Thank you. No further questions.
Thank you.

Through a double brick wall,

what does a temper tantrum
actually sound like?

That's what I kept thinking.

It's easy enough to say
you're hearing shouting.

You're hearing crying.
But what is it...?

What does a temper tantrum
sound like,

to be just sounds and not words?

Now the defence cross-examines
the neighbour.

An opportunity to cast doubt
on her evidence.

Ma'am, you claim to have a better
memory as time goes on.

Not by me.

Where in previous statements
have you ever told anyone

that Mr Yang's crying was
a temper tantrum?

Is that a question?
Yes.

I'm waiting.
I don't know what the question is.

When have you ever told anybody

that this crying
was like a temper tantrum?

I object to the nature of
the question my friend is asking.

I appreciate... Mr Benedetti,

I appreciate your question.

But please, you do not raise
your voice like that.

Well, the credit of this witness
is in issue.

I'll speak in
a more acceptable volume.

I do feel a lot of these
aggressive behaviours,

They're just unnecessary.

And they're kind of archaic.

That defence lawyer is something
else, isn't he?

He loses his cool.

Can you tell me what you heard
from your side of the wall?

I could hear somebody crying

like a child
having a temper tantrum crying.

Do you have a copy
of your statement?

Yes.

It was made very soon
after the events.

That afternoon.
Yes.

And your memory would be best then
as opposed to now?

Yes.

It reads:

"At about 8:15am,
I heard crashing noises

"like a shelf falling
with pots and pans on it.

"I heard it very clearly.

"I then thought I heard
Carlo singing.

"This lasted for about 10 seconds.

"Then there was silence."

Is that correct?

Yes.

"About 10 minutes later
I heard screaming and crying.

"It was Sean making all the noise.

"He was wailing like a baby,
crying hysterically.

"I could not hear Carlo at all.

"The crying and wailing kept on
going for about 15 minutes.

"Then an ambulance arrived."

And is that your best memory
of the events back in 2022?

Yes.

Mm.

You didn't get on with
your neighbours, did you?

I didn't get...

Well, actually, Sean didn't get on
with my husband.

Ma'am, you didn't get on with them,
did you?

No, Sean didn't get on with
my husband.

Thank you.

No further questions.

Mr Crown?

No further questions, Your Honour.

Is anyone else terrified
at the defence lawyer?

Oh, my goodness. What the hell
is wrong with this guy?

He's discrediting the witness,
doing his job.

He did exactly what he had to.

They need to change the job
description.

Because this is ridiculous.
He's trying to intimidate a person.

Well, it's partly theatre.

Is this theatre goes on
in actual courts every day?

Yep.
They do.

Absolutely.
Absolutely they do.

I didn't find it offensive at all.

Maybe my career history
of dealing with people

who bang their fists on tables
and in meetings

is quite, quite normal
of being so belligerent.

If he had an inkling that
she was fabricating her story,

he's going to figure it out.
And to get people under pressure...

That's not the only way to talk to
people, that was just pathetic.

Yeah, in a court of law, I think
that's...

I think that's what they usually do.
Right?

Absolutely. Absolutely.
They just go at 'em.

I think he was trying to put
the pressure on her

to see if she would crack.

And I've always thought if people
are innocent

and they're telling the truth,
there's nothing to crack about.

The jurors use the privacy of
the deliberation room

to talk through each new round
of evidence.

So, on that evidence just now,
in that first testimony, she says,

"Crying and wailing."

Now, she said, "a temper tantrum."

For me, that's really different.

What you're saying is this
temper tantrum is replacing

what used to be crying

10 minutes after some
singing occurs.

Yeah, when we first heard
that he was crying,

that could be he discovered him
on the floor

and he just started sobbing
and crying uncontrollably

because his lover was dead.

Saying 10 minutes later,

"I heard him crying
as a temper tantrum"

is very different.

That could be the start
of an argument, a fight...

Usually, a temper tantrum is anger,
right?

Yeah. A temper tantrum is almost
exclusively

applied to a two-year-old.
Mm.

I mean, he was described
as flamboyant.

When the guy was describing the way
he had tantrums with, you know,

flouncing off and arms flailing...
Banging doors.

Like, walking out of the house
and slamming doors and stuff.

That's tantrum behaviour to me,
whether it's adult or not.

And if you were being derogatory
you go,

"Are you having a temper tantrum?"

But I think she did use it
in a derogatory term, Guy.

I think she's a little bit
prejudiced.

I think she did say it as
a derogatory thing.

She clearly didn't like Sean.
Out of the two of them, it was Sean.
I think it was stated.

But immediately after that,
10 minutes only,

the ambulance was already called,
so the person was already dead.

He would be already discovered,
the body.

I don't know. For me,
the time doesn't add up still.

She's saying 8:15.

That's when she heard the first...
Mm. 8:15.

But remember also that she said
she doesn't...

She wasn't looking at
the clock specifically. Yeah?

But her husband had
a specific appointment,

and at 8:15, she heard the shelf
falling and pots and pans crashing.

Then there was silence.

And 10 minutes later, there was
screams, crying and wailing.

And that went on for about 10...

Singing for 10 seconds.

And then 10 minutes after that,
the wailing.

Right. So if you just add that
roughly,

and you're generous with the time,
so it's 8:35.

The ambulance wasn't called
till...

9:15.
9:15.

She said she didn't have,
she wasn't looking at the clock.

If the shelf falling was
Carlo falling,

there's a hell of a long time till
he calls the ambulance.

Listen, if anyone's fallen,

you're not going to be singing
10 minutes later.

I know, but was there
really singing?

I don't believe
there was ever singing.

I think it was like a high-pitched
scream or something.

Pots and pans.
That's definitely the juicer.

On the concrete floor. Yeah.

It can't be pots and pans falling

because it was not scattered
on the kitchen floor

in any of the pictures.
No, exactly.

They obviously didn't get on.
She wasn't too fond...

They were pissed off with
the renovation, the noise.
Yeah, absolutely.

Were they doing renovations
at the same time?

That was the finishing thing.

That was, "but you were also doing
renovations during weekdays."

So they were doing renovations
simultaneously?

Simultaneously.
Mm. OK.

They've had
a little bit of arguments

regarding parking and noise.

OK. So maybe he's a bit flamboyant
and maybe he...

But every neighbour has a bit
of a kerfuffle

with your next door neighbour,
you know? I did.

Are we happy to paint Sean
as somebody

with a little bit of anger issues?
That kind of snaps a bit quickly?

I'm not happy to paint him
as that yet.

No, not yet.
I don't want to say...

..but just he's susceptible to
having these little outbursts.

You mean like a temper...?
Temper tantrum.

Well, he's got a bad temper.
I think that's what we...

It sounds like
he's got a bad temper.

For me, they were trying
to portray that

Sean's like a little angry ant

that just explodes at the drop
of a hat.

Which might well be.

You can't go without fights.

It wouldn't be a relationship.

Sometimes, you just can't control it
when you're pushed too far.

And the only way you can do it
is lose your temper.

It could have been Carlo
really aggravating Sean,

who might have had
a bad night's sleep

or got woken up by
the crying baby next door.

You cannot categorically say
that he didn't kill him

or cause his death,
which would be manslaughter.

It's day three of the trial.

Mr Crown, are you ready
for your next witness?

Yes. Thank you, Your Honour.

Having raised the notion
of Sean's anger issues,

the prosecution continues
to call witnesses

who were close to the couple.

Is your name Fabrizia Gentile?

Yes.

And your husband
is Faustino Gentile, right?

Yes.

As of March 2022, your family
ran a business called

Pasticceria Caruso in Haberfield.
Correct?

Yes.

The prosecution begins
with a cafe owner

who, with her husband, became friends

with regular customers
Carlo and Sean.

Now, during the course
of the operation of that business,

did you meet Carlo Levetto?

Yes.

And Sean Yang?

Yes.

And as a result
of meeting them regularly,

and also because Carlo, like you,
was of Italian heritage,

you became friendly with them,
is that right?

Well, our relationship
developed over time.

We got to know each other
a little bit better all the time.

But we were not
what you would say...

..the best of friends, you know?

And Sean Yang used to take you
to the wholesale food markets

most Fridays, and sometimes
on Saturday, to shop

for food and vegetables, correct?

Yes. That's right, yes.

And you developed a friendship
with Sean Yang

because of that, correct?

That's right.

If I drive, maybe we can go
on Thursday night.

No, no, no, no, no, no. I drive.

Let's go.

Ma'am, on occasions,
did you ever witness him

and Mr Yang, the accused,

having arguments
about Mr Yang's driving?

Yes.

CARLO: No, no, no, no.
You are not driving.

He says he's driving too fast.

Have you been in the car?

Yes.

He's not a very good driver, is he?
No.

No.

Now, any other arguments
that you can recall

they had had in your presence?

They were arguing
about the neighbours.

Sean was saying that Carlo gives
the right to other people,

the neighbours, but not to him.

A neighbour had complained,
and Mr Yang had said

that Carlo wasn't
sticking up for him enough.

That's exactly right.

KATHY: Carlo is criticising him.

That can just have an undercurrent

of...of tension that goes
along with it.

So, there's a couple
of markers there

that could lead to ongoing...

..not so much friction,
but a little bit of anxiety,

a little bit of tension.

Now, you have been married
for many years.

Yes.

Do you have any arguments
with your wife?

(CHUCKLES) I think
that's why we're still married, huh?

I don't think there's a marriage
without arguments.

Well, yes, I'm married, too.

And have you had any...?

It is common,
in your own experience,

to have arguments with your wife
about various things.

Do you agree with that?
Exactly.

Did he ever tell you that he had
any physical problems with Sean?

Carlo, you said you'd help me.

I will.

Don't worry about it. I do it.

And get your feet
off the coffee table.

They used to argue, yes.

Screaming? Yes, plenty,
but never physical.

So, I want to take you now
to 12 March 2022.

You were baking some Italian
biscuits that you were going

to take over to give Sean and Carlo
at their house, is that correct?

That's right.

At about 9am, did you call
Sean and Carlo's home landline?

Yes.

And did you hear Sean crying
over the phone?

Oh, yes.

I assumed that there
was something wrong.

She said to go and have a look
and see what it is.

When I knock on the door,
it just opened.

And could you hear anything
when you got there?

Yes.

I could hear Sean...

..screaming.

(SCREAMS)

Carlo, Sean, it's Faustino.

Hello!

(SCREAMS)

So, um, I went in.

And where was he?

He was at the bottom of the stairs.

Sean was hysterical.

I said, "What happened?
What happened?"

I couldn't communicate with Sean,

so I ran upstairs
to call 000 for help.

And the answer came that a call
had been placed previously,

and an ambulance should be there.

(SIRENS WAIL)

They went to assist Carlo,
and I grabbed Sean

and dragged him away.

Then they called the police.

And when the police came,
did they take control of Sean?

Yes.
They said, "Stay here, don't move."

And they kept him there.

Now, when you arrived at the home
at Petersham, did you notice

whether there were any signs
of a struggle or a fight

in the house?

No, I didn't notice anything
like that at all.

Did you see anything knocked over
or damaged in the house downstairs?

No, I did not.

How would you describe Sean's
behaviour when you saw him?

In the past, you have used
an English expression

that he was "off his rocker."

Do you remember saying that
in the past?

Yes, that could be true.

I found him sitting down
with the body, screaming.

"Carlo! Carlo! Come back!
Don't leave me!

"Carlo! Carlo! Carlo!
Come back! Wake up! Carlo!"

Look, I don't know what words
you would describe a person

who is off his mind screaming
and doesn't even know you're there.

I don't know how to describe that.

I might say he was out of himself
completely.

Thank you.

JUDGE: Any further questions,
Mr Crown?

MR CROWN: Yes, Your Honour.

NARRATOR: The prosecution
now prepares to reveal

an unsettling insight
to the couple's relationship.

Now, I want to take you to a time
about a month before 12 March 2022.

When Carlo came into your shop
by himself and not with Sean,

did he sometimes tell you about
problems he was having with Sean?

Yes, he did.

And that was to do
with their relationship?

Yes.

A disaster!

Do you remember whether he wanted
to continue that relationship?

Yes.

What he said was, he said to me
that the relationship

was deteriorating
and he wanted to end it.

And did he indicate
that was because Sean

was becoming aggressive,
and he was frightened of him,

or something to that effect?

Yes.

JUROR: Looks like he wanted
to end the relationship.

That's what he was telling
his Italian friend.

HARRISH: To now hear
that he confided in Mr Cafe and...

And it is very easy to play
into this narrative

of he wanted to break up,

Sean was becoming
increasingly violent,

therefore, Sean did cause his death.

Yeah, yeah.

I'm piecing it together
as an attack, yeah.

Maybe he said something
to trigger an anger burst.

Like, my story has changed.

Like, my theory has changed
after today.

In the deliberation room,
the jury wonders

if the relationship was unstable.

I mean, Mr Cafe reiterated
the kind of calm relationship.

He didn't see any physical...
violence.

No, that's what I'm saying.

But he did say about Carlo coming
and saying that he was scared and...

He was getting increasingly...

He said he was increasingly scared,

and he was just wanted
to finish the relationship.

There was a word that he said.

He said he was becoming increasingly
vio...

Aggressive?
Was it aggressive? Violent?

Violent.

I think he was like, "You know what?
You're criticising me all morning.
My driving is shit.

"You're always picking on me."

I think he's got the juice.
I think he's making juice.

I think Carlo has come up to him
and made a remark.

He's like, "Fuck this shit."
And, bang!

Whack!
Yeah.

I think the accused, Yang,
has had a mental health episode.

Maybe a psychotic episode,
I don't know.

Did he mean to murder him? No.

Did...did he grieve when he realised
what he'd done and show remorse?
No, yeah, absolutely.

Yes.
Yeah.

It's like a spur of the moment
with anger.

Yeah. Like, a blind-rage thing,
right?

Everyone has a temper, I guess.
It's how you control it.

I do have experience in control
personality with...with a person.

It's very challenging
to be with someone

who has mental illness.

You can only push someone so far.
It's like a volcano.

And when it erupts, it will erupt.
Yeah.

Yes.
Absolutely.

And that's the reason
why it erupted.

If you just mention a word,
that word may trigger that person

and changes them into more violent
behaviour.

They may just snap into an outrage.

It's really terrifying.

COURT OFFICIAL: Good afternoon.

Just wanted to let you know

that's the end of our court day
for today.

Thank you so much for all
of your hard work today, guys.

My boyfriend, he did push me
a couple of times.

He said I'm just making up
the story - it's not true.

He pushed me to the edge,

and I don't have
that patience anymore.

My mental stress got worse,

so I left.

Person like Sean,
I put myself in his shoes.

What did happen
during that commotion?

(BOTH ARGUE INDISTINCTLY)

Did he really do it?

Maybe. Maybe not.

I need more evidence to make
the final decision.

Day four of The Crown
versus Sean Yang.

Yesterday's witnesses have given
the jury plenty to reflect on.

HARRISH: What is this relationship?

Apparently, Carlo was saying that
he wanted to break up with Sean,

and Sean is becoming
increasingly violent.

Is that something that you share
with someone who's just someone

that you know from a local outlet?

Is it even the truth?

Italians can be very...

(LAUGHS)

..fiery.

(BOTH ARGUE INDISTINCTLY)

Chinese, they can be loud.

Maybe one feels they're not
being listened to,

and therefore this was just
the final straw.

Could be, but...

(LAUGHS)

Hello, hello.
Good morning.

Good morning.
Good morning.

How is everybody?
Morning.

The jurors' discussion once again
turns to speculation,

something the judge
has warned them not to do.

I tend to believe the whole parking

and, "Never stands up for me,"
and...

Yep, and that was enough
for him to...

And that was enough.

..to bash Carlo?

It's not enough to bash,
but, like...

Enough for what?

Just to solicit a...

There's a motive behind.

OK, maybe he had...maybe Carlo had
an affair and maybe he...

But doesn't...?

Does it...?

I feel like that's all speculation.

It's becoming more compounded,
I think, the theories and the ideas

being thrown around from people

that probably wouldn't
have expected either.

But they always say you never know
what goes on behind closed doors.

But this doesn't even sound
like the case of that.

I kind of see my role to make sure
that a person is not going to prison

for something which he doesn't

deserve to go to prison for,
you know?

Yes, there were occasional
sort of, you know, raised voices.

They didn't agree on everything.

Anybody can have a heated argument
with their partner and not die.

I think that's where they've made
the distinction

between murder and manslaughter.

Those sequence of events
resulted in his death,

and it was caused by Sean.

They think they're on a bloody
whodunit mission, and...

But we're not.

Everybody's trying to sort of
work out who did it.

That's not our job here.
No, no, no.

(OVERTALKING)

All we're trying to do
is judge about Sean.

That's not the case.

There's been no evidence to suggest
that Sean has done anything.

That's right.

We're just there to listen
to the facts,

and our opinion on those facts,
that's it.

You know, it's pretty
clear-cut for me,

but some people just don't get it.

I think what we're trying
to establish is...

They had an argument.

..is how did he die,
rather than who did it?

That's not our job to find out.
OK, what's our job then?

Our job is to listen
to the evidence.

They're going to tell us
how he died.

For me, there isn't anything
that stands out to say,

"Absolutely."

No. No, not so far.

Not so far.
Absolutely.

(KNOCK AT DOOR)

Good morning, members of the jury.

This morning, the prosecution's
line-up of witnesses continues,

starting with the only member
of Carlo's family to give evidence -

his brother from Italy.

Sir, is your name Giorgio Levetto?

Yes.

And you are the younger brother

of your late brother Carlo Levetto,
are you not?

Yes.

By the way, you come from Turin,
do you not?

Yes.

Si? Mm-hm.

And you heard, through your sister,
that Carlo was living

with a Chinese man named Sean?

Yes.

Now, Carlo,
as far as you were concerned,

was quite a healthy man for his age.

Yes.

(WHISTLES)

And you found out that Carlo
had died about a month after he died

through the Italian police?

Yes.

And you then came to Australia
to bury your brother?

Yes.

Thank you very much, Mr Levetto.

I have no further questions.

The defence now questions
just how close the brothers were.

Sir, in 2022,

had you ever been to Australia?

It was the first time, in 2022.

And did Carlo go back
to Turin regularly?

Yes.

Was it once a year? Twice a year?

No. Every three to four years.

So, over the previous 10 years,
you didn't see him very often?

No.

As far as Sean Yang is concerned,

did he ever come
to Turin with Carlo?

(CHUCKLES) No.

In any event, your brother,
so far as you were concerned,

was an honourable, decent man.

Yes.

But you didn't know a lot
about his personal life.

Yes, I knew about Carlo,

whatever he let us know about.

Yes, but whatever
he LET you know about.

Yes, through my sister.

Did he ever tell you
that he was homosexual?

No.

Thank you. That's all.

No further questions
from the defence.

The brother is interesting.

So, like, flown in
all the way from Italy...

Yeah. Just to prove what?

I couldn't figure out...

..just to say that.

Just to say hello in Italian accent.
And what did it prove.

I know.
It's quite an irrelevant.

An irrelevant witness.

He didn't really ask him
any questions.

He didn't ask him to give
any evidence.

It was very strange.
Bizarre.

VAN: It was confusing to me.

Like, he...he says he's close.

But then, if you're so close,
you should know that he was gay.

That's just really weird,
'cause how could he not know?

I think it's interesting that Carlo

hadn't come out officially yet,
though, even to his family,

that they just assumed...

He just suspected that he was.

Yeah.

But he actually never came out
as homosexual.

I do sometimes feel a little bit
tired kind of coming out,

because coming out never ends,
right?

It's like every time you meet
a new person, you're coming out,

you're coming out, you're coming
out, you're coming out, coming out,

coming out, coming out, coming...

You know, they were mentioning
some...some town where they're from.

Maybe it is a little town
where things

are a little bit conservative.

Turin is not so little.

But, I mean,
he was obviously out here.

Yeah, but it's a very Catholic
country.
Just not to his family.

I think his brother actually said,
"I suspected it." He never got told.

He just suspected.
Yeah, that's right.

Yeah, he did say that.
He just suspected it.

I'm originally from Russia.

In Russia, as we know,

even now, it's strongly
not advised to be gay.

It's not safe.

I can see that the defence
was very clear in trying to prove

that he wasn't close to his family.

Yeah.

The mental-health outcome
for queer community is not great.

There is a lot of family
issues going on.

There is...

Sometimes, you know, families
don't accept people.

That's what we call
relational trauma.

I don't think it's possible to avoid
projecting your past

in perception of Sean and Carlo.

I constantly push myself
against my own bias

because my bias is towards Sean
not being guilty.

But he might have done something
which is against the law.

And this death occurred,
which was unlikely to happen,

but it did, right?

And so, with all of this,

if it does come to this, like,
black and white,

and he is definitely responsible,
um, I will just have to suck it up

and...and do it because this
is where we're stuck.

This is how it is
at the moment, right?

It wasn't likely to be,
but it happened.

So, it's just very unlucky.

And that's just tough shit
to be shown.

Yeah?
That's what?

(CHUCKLES) Tough shit to be shown.

Does the Crown wish to call
their next witness?

Yes, Your Honour.
The Crown calls Clifford Reid.

As day four of the trial continues,

the prosecution calls Sean's friend
and ex-partner.

Do you swear by Almighty God
that the evidence you shall give

will be the truth, the whole truth,
and nothing but the truth.

I do.

So, your name is Clifford Reid,
is it not?

Yes.

And you've known Sean Yang
for about 14 years, have you not?

Yes.

And you know, he came over
to Australia from China in the 1990s

and you became friends?

Yes.

And you were together
for about nine years.

Would that be right?

That's about it, yes.

And you formed an opinion of Sean.

You say he's very caring

and a very stubborn person,
is that right?

Yeah. That's right.

And then, about four years
before 2022, Sean met Carlo Levetto.

That is correct.

But you kept in touch with Sean,
and you became great friends

with both Carlo as well as Sean.

Is that correct?
That is correct.

(INDISTINCT JOKING AND CHATTER)

What about the relationship
that you observed

between Mr Yang and Carlo?

Was it a loving one?

Yes, I would say
that it was a loving relationship.

A caring relationship.

(INDISTINCT CHATTER AND JOKING)

And was there any animosity
between you and Carlo

that Sean Yang had, in effect,
chosen him above you?

No.

No. There was actually
no animosity at all.

In fact, on occasions,
Carlo would speak to you

about his relationship
with Sean Yang?

(CHUCKLES) Yes.

Well, in fact, you had planned
to go on holidays.

That's right.
We were going to China.

So, you knew that about 18 months
before March 2022,

he was attacked in Sydney
by an unknown person.

And his left eye
was very seriously pierced.

Is that right?
That's correct.

Now, from that time, did Sean
become more and more frustrated

that he was basically getting older?

Is that right?

He was upset about that, yes.

And you'd also say that Sean
is not a very diplomatic person?

No. He is a very pig-headed person.

And you'd say Carlo was more
of a peacemaker?

Very diplomatic,

easy to get on with,

if that's how you'd describe
a peacemaker.

So, I want to take you back
to 11 March 2022,

the day before these events
occurred.

Can you describe the conversations
you had with Carlo and Sean?

Yes.

Uh...

Carlo rang me.

He said that he and Sean
had an argument.

It was about some guy
laying some tiles.

(CHUCKLES)

He said that Sean would probably
call me later on that day,

and that he'd stormed
out of the house.

On 12 March,
which was the day after...

..at 10:00 that morning,

did you ring Sean's mobile,

and the phone rang out
to message bank?

Is that right?

Yes.

And did you leave a message,
such as, "I'll ring back later"?

OK. (SNIFFS)

And about 11:30...

..did you receive a phone call
from Glebe Police?

And did the officer say
that Carlo had passed away...

..and Sean is
at Glebe Police Station, hysterical?

Right. Yes.

And you drove down
to Glebe Police Station?

Yes.

And you were taken
to an interview room,

and you saw Sean?

That is correct. (SNIFFS)

Hey.
(SEAN SOBS)

Hey.

Carlo's not dead.

He's not dead! (SOBS)

Hey, hey, hey. Sean?

He is.

He is, Sean.

OK.

Come on, come on.

Come on. Come on. Sit.

That's it, that's it.

I'm here, I'm here.

What happened?

And he was crying hysterically?

Correct.

Mr Reid, you take your time.

And did you say, "The police
need to know what happened"?

Correct?

Correct.

And when you asked this from Sean,

you weren't acting on any
instructions as to what to do

from the police -

you were just asking questions
off your own bat.

Yes.

SEAN: We, um...

..we had a fight, and, um...

..I was making...I was making
carrot juice with...

..with the juicer, and, um...

He just...he just kept at me.

And what happened then?

And then did Sean start crying
and sobbing even more?

He did say something more
about the juicer,

but you couldn't make out the exact
words that he said, correct?

Correct.

(SOBS) I was holding Carlo.

(WHISPERS) I was holding Carlo.

And then he... (SOBS)

It's alright. It's OK.

(SOBS)
Sh.

Come on, come on. Big, deep breaths.

Deep breaths, Sean.

(SOBS)
OK. It's OK.

It's OK.

(BREATHES RAPIDLY)

It's OK. That's it. That's it.

OK. OK.

You continued to calm Sean down.

And when he calmed down,
you left him.

Correct.

Thank you. No further questions.

HARRISH: I think Clifford,
having lived with Sean,

adds a lot of depth.

It's helpful to understand
who Sean is as a person

and who Carlo was as a person.

Have you got any knowledge yourself
of whether Sean Yang bruises easily?

Uh...uh, yes.

Yes, he has scleroderma.

He has medication.

His skin breaks out in all blotches
and things like that.

If he was working with his hands
and one of his tools,

if he dropped it, and things
like that, he could bruise.

He was often bruised.

Thank you, Mr Reid.

No further questions, Your Honour.

Mr Crown?

Thank you, Your Honour.
No further questions.

Thank you, Mr Reed.

Returning to the deliberation room,
the jurors need to make sense

of the conflicting testimonies
they've heard today.

JUROR: Ay, ay, ay!
That was hard to watch, huh?

I'll tell you what, though.

That's...that's how
you do a break-up.

That was so amicable,
that relationship

between the three of them.

Sean and Clifford
had this relationship

that had run its course.

There was no animosity.

They moved on.

They could maintain
a good friendship, and...

You OK, Mon?
Oh, I'm so tired!

That just drained me.

The emotion that Sean and Clifford
both showed was...was raw,

and it was quite, um...

Yeah, it was quite heartbreaking.

Yeah.

As soon as he walked in the door,
we saw Sean just lose it.

Mm-hm.
That was bad.

It's hard. Like, imagine actually
being a witness.

It would be traumatic at times.
Absolutely.

It was interesting to hear
everybody else blubbering

and carrying on.

But, um, yeah, no,
I had no emotions.

And did you notice that Sean was way
more animated today than yesterday?

Mm-hm.
Absolutely.

And when he saw Clifford...

Mm-hm.
He was very emotional
when he saw Clifford.

..he was just sort of
exuding so much.

These days, the men
are not men anymore.

They're all bloody soft cocks.

I think the witnesses now
are people that are close to him,

not professionals
or police officers.

Exactly. And it's upsetting him.
Absolutely.

And he's just very emotional.

He's almost dropped,
like, a guard he had up.

I've been called cold
because I don't show emotions

and shit, but, um...

..but, yeah, that's just the way
I was brought up.

Keep emotions out of it.

Yeah.

Oh, no, there's carrots in here.

Oh!

It's a raw carrot.

They're trying to trigger us.
(CHUCKLING)

The whole loss of sight
in the left eye, like...

Yeah.

That was a new piece of information
that was really interesting
to receive.

Yeah.
Absolutely.

And the context of that, was that
a random stranger, allegedly?

He was attacked on the street.
Yeah, and pierced his eye.
Yeah.

So, that could...we could like...

That could be a racist attack.

That could be someone targeting him
because he's Asian. It could be...

It could be absolutely anything.
Absolutely.

Sorry, Guy, do you reckon we should
write down, on the board over there,

just the facts?

Yes.

Just keep everybody on track
on the facts.

I'd support that.

Yeah, let me just...

Oh, when you're finished, buddy,
not...

Yeah, I don't mean right now.

The judge.
Yeah.

Shall we put up some facts
that we know about?

Yeah.
The facts?

The facts.
So, what are the facts?

We've got a dead body.

This is true.
Carlo is dead.

We know there was a fight.

(BOTH ARGUE INDISTINCTLY)

No, there was no fight.
Argument. Not fight, argument.

I think he actually worded it
"fight".

So, I'm going to put,
"Argument stroke fight."

Sean is saying that Carlo
kept coming at me.

Mm-hm. "He kept coming at me."
While he was juicing.

This was when he was making
the juice, yeah?
Carlo.

Sean was making the juice. Yep.

And copping criticism
every...every step of the way.

The thing about his skin condition.

We know he's on multiple
medications.

Yeah.

Sean bruises easy.
Absolutely.

The other fact is Carlo has got
a cut on his right side of his face.

That's a fact.

Whether or not that killed him
or not, we don't know,

but we know that is the fact.

We know that Sean was handcuffed,
yeah.

Yes.
By two policemen.

Had to restrain him.
Restrain him, yeah.

Restrained him.

Mrs Gentile said
that Sean was saying

Carlo just doesn't stick up for him.

He sticks up for other people,
but never for him.

If he's criticising him
all the time...

Yeah, exactly.
And then doesn't stick up for him.

..and then never standing up for him
when someone else criticises him,

that could get quite draining.

Yeah.
His ex did say that he was
very hard-headed.

Yes, that he was very stubborn.
Yeah, "pig-headed".

"Pig-headed".
"Pig-headed", yeah.

"Pig-headed" was the word.
Yeah.

Yeah.

We are definitely storytellers,
and people want to make versions

or complete the story

so, then, they potentially
have to do less thinking.

I'm getting the vibe
the relationship wasn't all rainbows

and puppy dogs and butterflies
as the outside thought.

I don't think that it was at all.

So, why were they going
on holiday together?

Maybe they fixed it.

They weren't going just together,
were they? They weren't going alone.

They were going with Clifford.
They've invited someone else.

Everything that we've been presented
can fit into any version
of the story.

Nothing, so far, cannot be twisted
in that way because everything

is being presented as inconclusive.

Do you think Carlo was ever
concerned or threatened or worried?

Because you've got to remember,
as well, Sean was dating Clifford

for a lot longer
than he was dating Carlo.

They stayed really close.

I'm starting to...

It's just...

Wow, I've got so many
crazy theories.

(KNOCK AT DOOR)

Good afternoon, members of the jury.

That's the end of our court day
for today.

Thank you so much.

Mate, it's always...

I'm done.

I think you and me are always
bringing the tea back and forth.

(LAUGHS) Yeah.

You want to keep me back? Alright.

You want to keep me back? Alright.
Here's is what I'm going to do.

I'm going to break your set.
(LAUGHS)

Bye, guys.
See you.

See you tomorrow.
See you.

KATHY: I've changed my mind almost
every day.

At times, I've been very clear
on what my decision might be.

And then, within half a day,
I've got that element of ambiguity,

and it's really, really hard.

GUY: Sean has admitted
he had a fight, verbal or not,

"He came at me."

There's blood everywhere,
and Carlo is dead.

So, I was thinking, well,
that has to be precipitated by Sean.

So, therefore, then, that must mean
he's guilty of manslaughter.

VAN: The only two people that know
is Carlo and Sean,

and Carlo is not here to tell us
so...

Oh, OK, God knows.

So, God, please tell me
what happened that day.

I don't know.

This is a hazard for me.
It's terrifying.

This is terri...this is scary.

NARRATOR: A visit
to the crime scene...

The deceased was laying with
his feet here and his head here.

..divides the jurors.

One, two...

See you later.
Down.

That's a strange place to fall dead.

Didn't add any clarity whatsoever
to what happened.

MONIQUE: I'm not convinced
that he killed him.

A forensic expert reveals
a startling revelation.

The major profile
is Carlo Levetto,

and the other DNA profile
was unknown, is that right?

Yes.

There was no DNA under Sean's
fingernails, right? None.

All of a sudden, the finger is not
pointing at Sean anymore.

And in a surprise twist...

Ay, ay, ay!

..the judge requests a snap decision.

Should we take a vote?

He's saying the Crown
has convinced him.

No, no, he isn't.
No, that's not what he's saying.

No, no, no, that's not
what he was saying at all.

CRAIG: I'm seriously starting
to get the shits

with half the people in there -
I'm losing it.

What's going to happen?
We don't know! Stay tuned.

Captions by Red Bee Media
(c) SBS Australia 2024