Janus (1994) s01e08 Episode Script
Fail To Appear
(RATTLING SOUND) (Turns engine off) (HORNS BLARE) Get out and help, why don't you? (HORNS BLARE) Yeah, alright! (HORN TOOTS) Same to you, pal! Excuse me.
OK, mate.
Where this time? St Kilda.
You're gettin' closer.
Bloody clutch went.
Trade up, Vic.
Open your wallet, let the moths fly.
See, Rob, you're missing the entire point.
'Cause new cars have got no character, huh? I'm due at the Practice Court at 10:30.
I'm doing it.
ROB: It's a straightforward appeal against bail, Vic.
What can go wrong? Nothing.
Then again MANOULIS: Morning.
Morning.
Steve Hennessey was granted bail with a very dicey alibi.
Morning.
Good morning.
Thanks for the vote of confidence.
Oh, Rob.
Come on! Your ability's not in question.
Don't go all sensitive on me, for God's sake.
Look, this Michael Kidd - he was bound to pull something out of his bag of tricks.
I'm better at second-guessing.
Old Short-arse, you know what he's like.
He eats auxiliary advocates.
Rob, this is my territory.
(WALK SIGNAL BEEPS) Yeah, I'm doing the affray mention.
What time will we be on? Hi, Andrew.
G'day.
TINA: How's it going? So far ahead, I can't hear the band.
We've got our boy outside.
He sort of looks like a bucket of shit.
Want to have a look? All he has to do is acknowledge his statement.
Shouldn't be too difficult.
Sort of has his good days and his bad days.
This better be a good day.
You never know.
Come on.
Down, girl.
Does he know why we're here? Yeah, he was doin' real well.
Occasionally, he says something that makes sense.
We can introduce the hospital records.
Pity we don't have a statement from the doctor.
She pissed off OS.
Half her bloody luck.
Here you go, mate.
Get that into you.
That's the shot.
Mr Provis, I'm Tina Bertrum.
I'm prosecuting your case.
Could you look at this statement and tell me if it's yours? Take your time.
Yes.
You're clear about what happened to you at Brandon House? I watched TV.
After you watched TV.
We had lunch.
I don't like it without sugar.
Hey, mate, mate, mate.
Sit down.
You've got to sit down.
Come and sit down.
There you go.
Look after him, will you, love? Yep.
Thank you.
Would you like to drink some coffee? Away with the pixies.
He'll be OK.
He's just gotta get used to the joint.
We hope.
So, what have we got, boys? Intentionally cause serious injury and a couple of summary charges - unlawful assault and assault in company.
They'll be adjourned once Peel and Dobbs are committed.
How serious is serious? It's a matter of interpretation.
Not that my client's pleading guilty.
Mr Provis was in intensive care.
That was three days after the alleged attack.
Who knows what happened in the meantime? The man's a dero.
The dero, mate, wound up at St V's on life support, courtesy of your two little darlings.
ANDREW: There's no question about that, pal.
That's up to Miss Bertrum to prove.
KIDD: Bit of a futile exercise.
MANOULIS: You're the one with the problems.
You can't expect to pull it off? Steve will be with Darren by tonight.
You're the champion of liberty and justice.
I sleep at night.
You're paving your way back to the private bar.
Getting a bit cynical in your old age, Michael.
Excuse me.
This is a tow-away area.
They know me, Vic.
You're rubbing shoulders with the corporate boys these days.
He wore the blue suit today.
That's a nice touch.
Get her before she whacks one of them.
She wouldn't - she hates the spotlight.
Christ, you've put on weight! Oh, Elias.
You know Michael Kidd? Never had the pleasure.
Elias Khoshaba.
And you're here for? You wouldn't want to sully yourself with our low-life clients.
We're dealing with the liberty of the subject.
You're dealing with BHP.
Not this time.
We're having problems with the environmentalists - convincing them that mining won't destroy their fishing grounds.
I'm a great fan of barramundi.
It's an investment worth 20 billion.
The fish are worth 70 million.
Pays for a few Porsches.
Or a few antiques.
Got a minute, Mr Kidd? Sure.
I suppose there's a certain fascination with the criminal sewer.
You wouldn't want to know.
Oh, come on.
Try me, Vic.
What's the Hennessey gossip? Nothing that isn't sub judice.
How long are you gonna keep us waiting? About an hour.
I won't drag it on too long.
(Laughs) We must have that drink.
Right.
Hey, what's the basis of the Hennessey application? Magistrate erred in the exercise of his discretion.
He stuffed up? Nicely put.
Don't you quote me, will you? Anything I should know? Stevie will be here.
He wouldn't be late on a court day.
20 past! Probably wants to make a big entrance.
When did he last report? Yesterday.
With luck, he's been hit by a bus.
You'd feel cheated.
Here he is.
As you can see, Steve's not here.
Yeah, we'd noticed.
Yeah, Shirl's gettin' toey.
Alright, what do you want to do? Well, to avoid wasting the court's time, let's give Shortie notice that we want it stood down by consent.
KIDD: We're happy to let his associate know.
MANOULIS: I don't think so.
I'd prefer to mention this to His Honour.
What's the point? Your boy isn't here.
He's running late! Want to take him to the High Court? Short will want to know what's going on.
Come on.
See you in there.
SHIRL: Has he rung in? Where the bloody hell is he?! Look, put Mal on, will ya? Wake him up, for Christ's sake! See if they've heard anything.
Do a ring-around.
Yeah.
Good.
I'm assuming Mr Hennessey was given notice of this application? Yes, Your Honour.
SHORT: What do you want me to do? Could you stand the matter down for half an hour while I make enquiries? Mr Manoulis? I have no objection, Your Honour.
See you both in half an hour.
But you'd better have some answers by then, Mr Kidd.
Or I'll be compelled to revoke your client's bail and issue a warrant for his apprehension.
Yes, Your Honour.
Can we get outta here? What's next? North-Eastern Mining and Territory Conservation.
You said this would take an hour.
I've arranged a conference.
You'll survive.
Gentlemen, bear with me for a moment.
Certainly, Your Honour.
Has he done a runner? His car broke down, or slept in Or he's had an accident? Sure.
What do you think? I wouldn't know, would I? Excuse me.
Hello? They've adjourned for half an hour.
Shit! You're kidding me! How long's he been up there? No, no, no.
I'll let you know soon.
Vic, reckon they'll know much more in half an hour? If they don't, they'll stall.
Why? I mightn't be back in time.
What?! What if Shortie wants sworn evidence? I'm a phone call away.
What if the judge wants you? Sorry.
Do you ever get the feeling it's them and us? TINA: Thank you, Your Worship.
Mr Provis, could you state your full name? George Ronald Provis.
And what is your address? Mr Provis? Where are you living? At a mate's house.
Can you remember the address? Number 94 94 Barkley Street, Essendon.
What is your occupation, Mr Provis? I-I collect stuff.
I keep myself busy.
TINA: Did you make a statement to the police in regard to this matter? I think it was the police.
You made a statement? Y-yes.
If I could show you this.
Thank you.
Is that your signature at the bottom of the page? No.
I'm referring to the second page.
There are only two pages.
Turn the top page over, Mr Provis.
No, no, right over.
GLENDA: Now, can you see your signature on that page? It's at the bottom.
I think under the circumstances, if I could have leave to lead the witness through his statement, Your Worship, it may assist.
Mr Provis is obviously having difficulties.
Mr Reynolds, Mr Bennett? Got any objections to that course? I've no problem with that.
If it expedites matters.
GLENDA: Miss Bertrum.
Mr Provis, if I could take you back to Saturday 9 March, in relation to an alleged assault on you on that date.
Can you tell me where you were? Mr Provis, could you please leave the statement alone and listen to what I'm asking? Do you remember that you were living at Brandon House on 9 March? I wouldn't have a good memory of back then.
Do you recall that on 9 March at Brandon House The date that I'm talking about is the date that you were assaulted, Mr Provis.
Can you remember? I had a sore headache for a few days.
What gave you the headache? TINA: Were you hit? I I know I had a hangover for 8 or 10 days.
TINA: Before you had the hangover, do you remember what happened? I was knocked on the back of the head.
Where was this, Mr Provis? What place were you at? It was outside.
Were you hit or punched in the toilet area of Brandon House? That was where they picked me up.
Where who picked you up? Couple of Speak up, Mr Provis, so Her Worship can hear you.
Why did they pick you up? I was down.
You were down? They didn't like what I said.
You're always whingeing about Vietnam.
Korea was the real thing.
You would've learned a thing or two there.
I seen cats fightin' better than that.
And the commies came in and took it off ya.
They came right back and took it off ya! (Laughs) You fucking prick.
Nobody wants to know ya.
The whole thing was a bloody waste of time.
Ahh! Mr Provis.
Mr Provis.
(Quietly) Where's he gone? Twilight Zone.
"Let your eyes look forward "and your gaze be straight ahead of you.
"Consider well the paths for your feet "and all your ways will be sure.
" Beam me up, Scotty.
Return to the witness box, Mr Provis.
Come on, mate.
I don't think I should be in this place.
Take a seat.
We'll get you a glass of water.
It isn't very nice.
PROVIS: My headache's coming back.
ANDREW: We'll get you something for it.
It's best we take a 10-minute adjournment.
All stand.
First division of the Melbourne Magistrates' Court is now adjourned.
If you'd rather pull the plug, I won't spit the dummy.
Definitely not! How far will you push him? We have to finish the statement.
He has to ID them.
He doesn't want to remember.
You saw him - he switched off.
We expected problems.
Don't go wishy-washy on me.
Come on! You go for the pricks and I pass the ammo, sweetheart.
OK? They nearly killed him.
Stuff it.
We're not backing out now.
Don't call me sweetheart.
Mr Provis? How are you feeling? Shall we have another go in court? So, Mr Provis, the men took exception to what you said.
Is that right? They didn't finish the soup.
Did they leave the dining room? Mr Provis? Earth to Provis, Earth to Provis.
(TOILET FLUSHES) Ugh! So you're a hero, are ya? Ugh! TINA: Mr Provis, who hit you? Ugh! Can you identify the men who attacked you? (Screams) (Moans) Are they in this courtroom? He was one of them.
That bloke at the end of your table.
(Chuckles) GLENDA: Want to discuss this with your informant? Yes, Your Worship.
Next witness any better? No use pushing him.
The poor bugger's rooted.
We'll lose him.
His statement won't be admitted as evidence.
Don't matter.
They can see how much damage has been done.
The case won't be as strong without him.
Too bad.
(Glenda types) Your Worship, we won't get any other evidence out of this witness.
I can't take things any further.
He won't be able to cope.
May he be excused? You may step down, Mr Provis.
You're excused, Mr Provis.
Constable.
Come on, Mr Provis.
PETER: It's a simple question.
Who's doing Steve Hennessey? Marny.
Mick.
Mate.
Peter, how are ya? Alright.
Can I have a word? I hear you bowled over Steve Hennessey.
Places to go, people to meet.
Kick a goal? From centre half-back, mate.
How much have you got on him? Enough to keep us busy.
We picked him up at Lenny Wilson's.
Reckons he fought with Kirsty, went out, got pissed, flaked at Lenny's.
Knows nothin' about the stick-ups.
Original wise monkeys.
Just in the wrong place at the wrong time.
Story of his life.
Yeah.
How do you know he's involved? Wilson's a talker.
Couldn't help himself.
Now he's scared shitless.
What else is there on Steve? Plenty, mate.
We got his prints all over this lot here and we lifted a few off this gem.
Can I look? Sure.
He's gone, mate, dressed up like a Christmas turkey.
Could help you, Peter.
So how's he travelling? Well, he's seen better days.
So, can I talk to him? Er Yeah, alright.
Just don't arc him up, but, OK? Mick, I just wanna talk to him.
Say hello to Mr Faithful.
He's the friendliest face you'll see.
STEVE: You know where I've gotta be.
Tell these arseholes to cut me loose.
MICK: Mate, we've got a matter of an armed robbery in Sandringham to put to you.
I didn't do it.
How come you're sitting there wearing the bracelets? I want my legal advisor.
Not possible at the moment.
I'll shout you lunch.
Actually, hang on.
You better shout me lunch.
I spent my last $2 on that tram ticket.
That'd be right.
Oh, come on.
Public transport's expensive.
(PHONE RINGS) Manoulis.
The Armed Robbers have got him.
What?! They raided a safe house.
Links him to the Armaguard job.
I'll tell you more later.
Steve.
Does Kidd know yet? You get that pleasure.
And how long have you known? You don't wanna know.
See ya.
Oh, shit.
Steve's at the Armed Robbery Squad.
What?! Silence.
All stand.
This honourable court now resumes.
Steve's in custody.
Jesus! Your Honour, I apologise for the delay.
I was unavoidably detained.
Is the applicant here? No, Your Honour.
I have some information regarding the whereabouts of Mr Steven Hennessey.
It's just come to our attention that Mr Hennessey is in custody.
He was arrested early this morning.
Well, that is an unexpected development.
MANOULIS: Yes.
There's not much point in wasting any more of the court's time I'm sure we're all in agreement.
It's regrettable the police didn't inform us.
Apparently the Armed Robbery Squad didn't know about the bail appeal.
(Quietly) Oh, bullshit! SHORT: Under the circumstances, I suggest the matter should be stood down and removed from the list.
No doubt Mr Kidd is anxious to see his client.
Yes.
Thank you, Your Honour.
Hopefully this afternoon will be more productive than this morning.
CLERK: All stand, please.
This honourable court will resume sitting at 2:15pm.
Why didn't you ring me? Just found out.
Don't give me that! I was informed five minutes ago.
Fair dinkum, I'll put you in! MANOULIS: I don't give a shit what you do.
Any comment, Shirl? Yeah.
You know bloody well what it is! They never let up on us! That bastard won't leave us alone! What have they got him on? I don't know.
Not the Armaguard robbery? Ask the police.
How long have you really known? (PHONE RINGS) What are you gonna do? Do him for the armed rob? Take him for a McDonald's.
What do you think? Can I have him? No.
There's a problem.
He's due at the Supreme Court.
No way! We're taking him across the road.
He won't get bail on ours.
He was on bail and committed offences.
He won't get bail on ours either.
We'll run him through the media gauntlet.
It'll be like a Christmas special.
You'll give him bail if the media's up there! Kidd will say that every juror's been poisoned.
There'll be no fair trial for 12 months! If he goes out there, we'll never find him! Put the dogs on him! You can't do that for 12 months! We've got a couple of devices in houses.
Taylor brothers, Freddie Smith - we need them to be aware that Steve's been done and might've rolled 'em.
Once they move the gear, cherries will fall off the tree, and we'll pick 'em up! Mick, I am asking you for this one favour.
Ask me anything else! This I cannot do.
Won't do.
Let's talk about it over some beers.
Thanks for nothing.
Who are you talkin' to? Even if it was your business, big-nose, you wouldn't hear it from me.
The drums are out already.
Hey! You're rolling the job.
Do that again, I'll shove it up your arse.
Peter, let it go! I don't care who he is, he'll get dotted! Wait till your arse is in the breeze and you need a favour.
We wheel him out in one hour.
Then it's lights, camera, action.
What are you trying to pull, Faithful? You got a bitch, you take it up with him.
Who the hell are you? Michael Kidd.
I'm here to see my client.
Why wasn't he allowed a phone call? We're justified under Section 464C - destruction of evidence.
You knew he was due at a bail appeal.
We've got our priorities, Mr Kidd.
Hiya.
Steve.
How are you? Terrific.
Have you told 'em anything? There's nothing to tell.
Fine.
Just in case.
(ROCK MUSIC PLAYS LOUDLY) What's gonna happen? Well, uh, we'll try and get this lumped into one.
See how you go.
I'll speak to Kirsty - avoid further dramas.
Gonna take a day.
You've gotta get me out, Mr Kidd.
I can't stand this place.
It isn't long.
I'm losing it - going troppo! Don't let them see that.
Bastards will never let up.
Well, just say nothing.
You'll be OK.
Have you see the police surgeon? Have you got any marks or bruises? Nope.
Keep your head, Steve.
Just wait a sec.
If this Da Silva character doesn't stick to his statement, we're out the door.
No identification, no case.
He looks pretty good on paper.
But is his brain fried? He's an alky.
How much will he remember? Even if he's good, they'll tear strips off him.
We've still got the house manager and the two uniform coppers.
Oh, how slack were they? The running sheet called it a 'minor assault'.
And the notebook's only got Dobbs's date of birth and address.
What the hell else are they supposed to do if Provis doesn't make a complaint there and then? They see this sort of stuff every bloody day.
Usually amounts to bugger-all.
A dero gets bashed and who gives a shit, right? (Laughs) Listen, mate - it's fine for you to sit there with your coffee and criticise.
You try getting out there, rubbing shoulders with these turds.
It's a different kettle of fish.
Know what I mean? Oh! Struck a nerve.
(Laughs) You give a bloke a bloody hard time, don't you? All the fellas say that.
Makes me feel much better.
Least their statements aren't too bad.
They recall Provis's injuries and his emotional state in detail.
We've still got the hospital records and the photos.
Except the defence will argue that Provis didn't develop a subdural haematoma from the assault since it was four days later he was admitted.
You knock it out? Yep.
In the hospital records, it says the surgeon who evacuated the clot commented that it was several days old.
The ICU doctor's statement backs that up.
There you go.
It'll still be tricky-dicky.
Well, my money's on you.
You just keep your end up so to speak.
I'm not real bad at that.
I thought you'd say that.
Maybe some day you'd like to find out.
Is that a proposition? Yeah.
What else it sound like? Might scare you to death and accept.
(Chuckles) You know what your trouble is? You talk too bloody much when you're nervous.
You're just a typical bloody copper.
According to your statement, Mr Da Silva, you resided at Brandon House for 12 months? Yeah.
Why was that? I was having a bit of a tough time.
A 'tough time'? In what way? I couldn't find a job.
You were unemployed? I see.
Was that the only problem? Er I had a bit of a drink problem.
What do you mean by 'a bit'? (Laughs uncomfortably) You know.
No, we don't know, Mr Da Silva.
That's why I'm asking.
Does 'a bit of a problem' mean small amounts often or large amounts on certain days or a good binge three times a year? Yeah - binge drinking.
Week on, week off.
Would you class yourself as an alcoholic? Yeah.
When did you start drinking heavily? Oh would've been about 21, 22.
REYNOLDS: How old are you now? So you've been an alcoholic for seven years.
Sorry, what was that? Yes.
Now, this problem with alcohol, does it extend into other areas? What do you mean? Well, were you or are you taking drugs? Not anymore.
Oh, so you've given up the drugs, but you're still drinking? I'm in rehab.
In rehab? Ah, well, that's admirable, Mr Da Silva.
How's it going? OK.
(Softly) You're a bloody maggot.
Must be hard to stop.
He's just warming up.
You've never fallen off the wagon? No.
Oh, Mr Da Silva! Would you have us believe you have not succumbed to the demon drink? Mixing with your mates at Brandon House, I would've thought the temptation would be too much.
Make your point without being rude, Mr Reynolds.
Your Worship.
It's true, isn't it, Mr Da Silva, that at the time of the alleged attack on Mr Provis, you were drinking.
Not on that day.
What day was that? It was a Saturday.
Oh, you remember, do you? I was off the grog and it was a Saturday.
And how long had you been off the grog? Just for the day? Longer.
You must've been withdrawing.
No.
How were you feeling? Sober.
Sober as a judge.
So you think you have a good recollection of that day's events? Pretty fair.
According to your statement, you said you went to the men's Yeah, that's right.
I left the kitchen Wasn't it the dining room? Well, same thing.
One opens out into the other.
And I, uh went down the corridor.
There was no-one there then.
I went into the toilet, come out, and these two blokes were just outside, talking.
They sorta jumped 'Jumped'? What - in the air? No.
Like they were startled.
Then what happened? I started talking to Al.
Who? I didn't know his other name then, but it's that bloke over there with the long hair - Dobbs.
And he introduces me to this other fella He's doing OK.
Mm-hm.
DA SILVA: I start telling 'em what I've been up to.
Then the old bloke leaves the dining room, goes into the toilet.
Yeah.
They're trying to get me into rehab.
You know - you scratch my back, I'll scratch yours.
You off the grog, then? I haven't had a drink all day.
(THUD!) (Man groans) Shit! (Man screams) Better get back to it, then.
See you later, then.
See you later, then.
REYNOLDS: Obviously, you weren't concerned, or you wouldn't have walked away.
Course I was.
You couldn't have been.
You left.
All I thought was, "Someone's gonna cop it.
" As long as it wasn't me, I was happy.
Isn't it true, Mr Da Silva, there was nothing happening? You didn't see anything Saw the old man 10 minutes later.
Lying in the backyard, blood all over his face.
Hey.
He's been crapping on long enough.
Can't you shut him up? He's doing more damage to himself.
Let him go.
It's true, isn't it, Mr Da Silva, you may have your facts confused? No.
Mr Reynolds, he's given you an explanation.
Is there any other matter you want to put to him? Yes, Your Worship.
Tell us, Mr Da Silva, what made you overcome your reluctance to report the matter? When I heard the man had brain damage and he'd almost carked it.
Did you see my client strike Mr Provis - yes or no? No.
No further questions.
GLENDA: Miss Bertrum.
Mr Da Silva.
During the period you were talking in the corridor, up until the time you walked away, did anyone else enter the men's toilet apart from Mr Peel and Mr Dobbs? No.
Thank you.
You may stand down, Mr Da Silva.
Good on you, sweetheart.
You ought to take this up full-time.
Did you call me sweetheart? Little bit.
Thought we'd put this matter to bed.
If your client hadn't been a naughty boy, we would've.
They're waiting for him.
Cameras everywhere! Well, it's not on.
Agreed? Absolutely.
The heat's getting outta hand.
So we go for the suppression order.
No piccies, no mention of the name Hennessey.
The media can chase this, but can't use it.
If we get it.
We'll get it.
Know who the magistrate is? It's Magnus.
MANOULIS: Oh, no.
You're kidding.
Christ! (Chuckles) Michael.
It isn't funny.
I'm not the one that tried to have his decision overturned.
You will back this application? Yeah, course I will.
Cheers.
Word is that we're back in front of the same dickhead that gave Steve bail.
I'm afraid so.
Well, that's bloody lovely.
He'll give the media a field day just to spite Manoulis.
News travels fast.
When you've got the sources.
And the calls don't get cut off.
That's what happens when you're chatted up by your Armed Robbers mates.
What were you doing up at the Armed Robbery Squad? Just having a friendly chat about whose territory this is.
Shirl says you loaded her boy up with these charges.
Well, that's bullshit.
This is giving me a problem.
Could be a story in that.
Yeah? Better story than this.
STEVE: Youse want a story, eh? I got a story for ya.
I've been framed by the jacks.
They're persecuting our family! MAN: What do you mean 'persecuting'? MAN 2: Watch your step there.
Who framed you? 'Scuse me.
You got that? Yeah, I got that.
No worries.
Harassment! We're getting it all, mate.
They're persecuting our family! Your Honour, I appear to make an application for a suppression order in relation to Mr Steven Hennessey's armed robbery charges.
You're outnumbered, mate.
Even the defence counsel wants to gag you.
You gotta get it past Magnus first.
MANOULIS: It's the final sitting for the year, Your Worship.
Now, the Crown is concerned that the publication of his name or photographs, footage, may lead down the track to applications for stays on the basis of prejudice.
Final sittings are a fair way off, Mr Manoulis.
Well, yes, but Mr Hennessey has attracted a fairly high profile in recent months.
His activities attract the media's attention all the time.
So the Crown feels that in the interests of justice, and to ensure a fair trial, his identity should not be revealed.
He's not buying it.
I appreciate that, Mr Manoulis.
But this was a particularly violent robbery.
It seems to me the public's right to know outweighs other considerations.
There are too many hearings conducted behind closed doors.
Justice must be seen to be done.
Well, with respect, um Your Worship must understand that there are wider consequences than just Your Worship's rather limited opinion.
Let it go.
Mr Manoulis, that is a very intemperate submission.
And I do not take kindly to the implication contained therein.
Well, with respect - the utmost respect - Your Worship has completely misconstrued the consequences of allowing this publicity.
There are broader issues MAGNUS: I'm against you.
What do you say, Mr Kidd? I make no such application.
I refuse your application for a suppression order.
Oh, you bastard.
You said you'd back me up.
Mate, we're even.
MAGNUS: Mr Hennessey? You are to be remanded in custody to reappear before this court in a week's time - Tuesday 22.
There having been no application for bail, bail is refused.
Your Worship, we ask for a stay initiating the order against suppression for a few hours so we may take this matter to the Supreme Court.
Alright, Channel 9, 2, 'Morning Standard', 'Herald Sun'.
Who else was there? Most of them, I think.
Oh, bugger it.
Fax all of them.
They either suppress it voluntarily or we go for the injunction.
How long do they have to reply? In time to stop the footage hitting the 6:00 news.
So 5:00.
That's just over an hour.
That's reasonable, isn't it? I guess so.
And have you actually done one of these before? No.
And to be completely honest, I'd be much more comfortable with the Director here, but You don't think that they know he's away, do you? DPPs national conference.
Almost certainly.
And if the media stand us up and opt for a judge's decision, then they'll throw in their heavyweights.
Shit! You think we should brief somebody? Yes.
Alright.
Who do we normally brief for injunctions? Our, uh Porsche-driving Mr Khoshaba.
Oh, what? No! What's your problem, Vic? I went to uni with him.
The guy is just He's he's an arrogant little stuffed gown.
He's If we don't act now, we mightn't get him.
Alright, call him.
Call him.
Right.
Right.
Uh-huh.
Shouldn't be much longer.
Busy man.
(Sighs) Ah! Vic.
I had to shift a few matters to fit you in.
Now, um who am I leading? Me.
Right.
Well, um, come in and tell me what this is all about.
It's tough at the top.
Sit down.
How can I help you? REYNOLDS: You don't make allegations lightly, do you, Detective? Yet in a second interview with my client, there's mention of his 'knee-capping' Mr Provis.
He made that admission.
Given your knowledge of the brief, that was the first time that question arose, wasn't it? As I recall, he said he was bashed, pushed up against the toilet door, thrown to the floor and kicked.
He has trouble remembering all the details.
But I'm right in saying this was a new piece of information? Yeah.
Yes.
Did you ask my client at any stage what he meant by it? Did you explore the dynamics, if you like, of this knee-capping? (Clears throat) Violence is part and parcel of an assault.
I drew upon my knowledge and interpretation.
What I'm saying is you did not choose to explore the issue of the knee-capping, did you? I asked him a number of questions and he answered them.
But you never actually put to him the proposition that he meant to do it, did you? If it was intentional.
I didn't think it was necessary to ask him that.
REYNOLDS: No further questions.
GLENDA: Miss Bertrum, do you wish to re-examine? I don't, Your Worship.
You're excused, Detective Sergeant.
I tender the balance of the handout brief.
We'll call it Exhibit E.
That is the case for the prosecution.
(Types) I'm satisfied that there is sufficient evidence on the intentionally caused serious injury charge for a properly instructed jury to convict the defendants.
The evidence indicates that the defendants are equally responsible for the injuries caused to Mr Provis.
The charges of unlawful assault and assault in company are adjourned, sine die.
Mr Dobbs, Mr Peel, do you both understand this? Yeah.
Yeah.
GLENDA: Good.
KHOSHABA: I'm glad you came to me.
Because Shortie's very sensitive about the press.
They slaughtered him on that prior matter.
He deserved it.
Of course! Not that it matters.
It'll work for us.
Know your tribunal, Vic.
Well, if we could stick to the facts (Knocks) It's, er after 5:00.
Tell me we've been flooded with replies.
None of the papers and not one of the TV networks.
And they're waiting for us.
Right! Let's go and kick 'em in the cods.
Come on, Vic - let's move it! KHOSHABA: There is a conflict, Your Honour, between the public's right to know - which, on behalf of the Crown, we support - and the right of the accused to a fair trial.
Now, that right is to select a jury from an unbiased panel.
I note Mr Kidd is not supporting your application.
When is this trial going to take place? Three months.
Three months, Your Honour.
That's a fair amount of time, Mr Khoshaba.
Yes, but I need hardly remind Your Honour of the excesses of the press.
They have a habit of running wild.
Of blowing things out of proportion.
Yes.
I do have some firsthand experience.
Your Honour, the problems of widespread publicity and subsequent contamination of the jury pool will result in the accused man being found guilty before he even steps into court.
The public do have the right to know.
It's a balance, of convenience.
KHOSHABA: We're faced with stark reality.
We do nothing and the Crown is going to find itself in a position where it can't proceed.
The alternative is where Your Honour suppresses the proceedings.
We've prepared an outline for perusal.
We? SHORT: The court appreciates your efficiency, Mr Khoshaba.
KHOSHABA: If we don't stop this now, it'll be too late.
The interests of justice demand that his man gets a fair trial.
Isn't it better to err on the side of safety? If Your Honour doesn't do anything in the next 20 minutes, the damage is done.
We're not saying it shouldn't be in the public arena.
We're saying it shouldn't be there right now.
Very well.
I'll grant a suppression order for 10 days.
KHOSHABA: If Your Honour could make it 14? I do have a commitment in 10 days time.
Interesting strategy, Michael.
What's going on? Don't know what you mean.
Leaving it to the prosecution to protect your client's rights.
Steve Hennessey's rights have been kicked out the window for the last two years.
Can I quote you? If you want to be sued.
That's the client's opinion, not necessarily mine.
Been instructed not to go for it? Obviously.
They just love that spotlight, don't they? Maybe he feels safer in it.
Oh, yeah, sure.
You ever considered the possibility he's genuinely scared to death? 'Bye.
'Night, Tina.
Sorry.
I was held up.
In you get.
Next fucking person puts their head in here gets it knocked off! When you're in there, do as you're told.
I've got no problem with that, but I can stop this.
(Steve shouts) Trying to poison me, you bastards! I know you are! I'm not gonna eat this shit! Hey, Steve! Steve! It's me here.
What's going on? I want to talk to you.
I'm gonna die in here! They're killing me.
Jerks are killing me.
No-one's killing you.
They put stuff in me food! Calm down.
Know what's in here? Piss! Anyone comes in, they wear it.
You throw that over me, you get yourself another barrister.
Put it down.
Hey, come on.
You're gonna be alright.
They called me a piece of shit - said I'll be treated like one.
Don't let 'em get to you.
Show 'em you're better than this.
I've got pains in my chest, a heart attack.
Stress, that's all.
Stop worrying.
Here.
I can't handle it anymore.
We'll get you out.
It'll just take a while.
I shouldn't be in here.
We'll make a bail application next week.
They're gonna brick me.
Nah.
Think your family would let you wear this? Mum hasn't been in.
I'll get her in.
And sort out some medical attention.
Yeah, sure.
Hey, come on, Steve.
We've been through a lot together.
I'm not gonna run out on you.
(PHONE RINGS) STEVE: Mr Kidd? Where are you? Jacks took me to St V's.
I couldn't hack it.
I've been hiding out for about an hour.
Tried an old girlfriend's house, but other people live there now.
I don't know what to do.
Can't go home.
Are you armed? Yeah.
I took a guard's gun.
Get rid of it! Don't give them a reason to shoot you.
Are you listening to me? Yeah.
Yeah.
I'll meet you somewhere, alright? Anywhere you want.
I'll arrange for a copper I trust to be there.
Steve? You've gotta give yourself up.
No, mate.
No, I can't.
Believe me, it's your only chance! Steve! (Hangs up phone) So much for the injunction.
(HORNS HONK) Morning! (HORNS HONK) Yeah, yeah! Thank you very much.
(Laughs)
OK, mate.
Where this time? St Kilda.
You're gettin' closer.
Bloody clutch went.
Trade up, Vic.
Open your wallet, let the moths fly.
See, Rob, you're missing the entire point.
'Cause new cars have got no character, huh? I'm due at the Practice Court at 10:30.
I'm doing it.
ROB: It's a straightforward appeal against bail, Vic.
What can go wrong? Nothing.
Then again MANOULIS: Morning.
Morning.
Steve Hennessey was granted bail with a very dicey alibi.
Morning.
Good morning.
Thanks for the vote of confidence.
Oh, Rob.
Come on! Your ability's not in question.
Don't go all sensitive on me, for God's sake.
Look, this Michael Kidd - he was bound to pull something out of his bag of tricks.
I'm better at second-guessing.
Old Short-arse, you know what he's like.
He eats auxiliary advocates.
Rob, this is my territory.
(WALK SIGNAL BEEPS) Yeah, I'm doing the affray mention.
What time will we be on? Hi, Andrew.
G'day.
TINA: How's it going? So far ahead, I can't hear the band.
We've got our boy outside.
He sort of looks like a bucket of shit.
Want to have a look? All he has to do is acknowledge his statement.
Shouldn't be too difficult.
Sort of has his good days and his bad days.
This better be a good day.
You never know.
Come on.
Down, girl.
Does he know why we're here? Yeah, he was doin' real well.
Occasionally, he says something that makes sense.
We can introduce the hospital records.
Pity we don't have a statement from the doctor.
She pissed off OS.
Half her bloody luck.
Here you go, mate.
Get that into you.
That's the shot.
Mr Provis, I'm Tina Bertrum.
I'm prosecuting your case.
Could you look at this statement and tell me if it's yours? Take your time.
Yes.
You're clear about what happened to you at Brandon House? I watched TV.
After you watched TV.
We had lunch.
I don't like it without sugar.
Hey, mate, mate, mate.
Sit down.
You've got to sit down.
Come and sit down.
There you go.
Look after him, will you, love? Yep.
Thank you.
Would you like to drink some coffee? Away with the pixies.
He'll be OK.
He's just gotta get used to the joint.
We hope.
So, what have we got, boys? Intentionally cause serious injury and a couple of summary charges - unlawful assault and assault in company.
They'll be adjourned once Peel and Dobbs are committed.
How serious is serious? It's a matter of interpretation.
Not that my client's pleading guilty.
Mr Provis was in intensive care.
That was three days after the alleged attack.
Who knows what happened in the meantime? The man's a dero.
The dero, mate, wound up at St V's on life support, courtesy of your two little darlings.
ANDREW: There's no question about that, pal.
That's up to Miss Bertrum to prove.
KIDD: Bit of a futile exercise.
MANOULIS: You're the one with the problems.
You can't expect to pull it off? Steve will be with Darren by tonight.
You're the champion of liberty and justice.
I sleep at night.
You're paving your way back to the private bar.
Getting a bit cynical in your old age, Michael.
Excuse me.
This is a tow-away area.
They know me, Vic.
You're rubbing shoulders with the corporate boys these days.
He wore the blue suit today.
That's a nice touch.
Get her before she whacks one of them.
She wouldn't - she hates the spotlight.
Christ, you've put on weight! Oh, Elias.
You know Michael Kidd? Never had the pleasure.
Elias Khoshaba.
And you're here for? You wouldn't want to sully yourself with our low-life clients.
We're dealing with the liberty of the subject.
You're dealing with BHP.
Not this time.
We're having problems with the environmentalists - convincing them that mining won't destroy their fishing grounds.
I'm a great fan of barramundi.
It's an investment worth 20 billion.
The fish are worth 70 million.
Pays for a few Porsches.
Or a few antiques.
Got a minute, Mr Kidd? Sure.
I suppose there's a certain fascination with the criminal sewer.
You wouldn't want to know.
Oh, come on.
Try me, Vic.
What's the Hennessey gossip? Nothing that isn't sub judice.
How long are you gonna keep us waiting? About an hour.
I won't drag it on too long.
(Laughs) We must have that drink.
Right.
Hey, what's the basis of the Hennessey application? Magistrate erred in the exercise of his discretion.
He stuffed up? Nicely put.
Don't you quote me, will you? Anything I should know? Stevie will be here.
He wouldn't be late on a court day.
20 past! Probably wants to make a big entrance.
When did he last report? Yesterday.
With luck, he's been hit by a bus.
You'd feel cheated.
Here he is.
As you can see, Steve's not here.
Yeah, we'd noticed.
Yeah, Shirl's gettin' toey.
Alright, what do you want to do? Well, to avoid wasting the court's time, let's give Shortie notice that we want it stood down by consent.
KIDD: We're happy to let his associate know.
MANOULIS: I don't think so.
I'd prefer to mention this to His Honour.
What's the point? Your boy isn't here.
He's running late! Want to take him to the High Court? Short will want to know what's going on.
Come on.
See you in there.
SHIRL: Has he rung in? Where the bloody hell is he?! Look, put Mal on, will ya? Wake him up, for Christ's sake! See if they've heard anything.
Do a ring-around.
Yeah.
Good.
I'm assuming Mr Hennessey was given notice of this application? Yes, Your Honour.
SHORT: What do you want me to do? Could you stand the matter down for half an hour while I make enquiries? Mr Manoulis? I have no objection, Your Honour.
See you both in half an hour.
But you'd better have some answers by then, Mr Kidd.
Or I'll be compelled to revoke your client's bail and issue a warrant for his apprehension.
Yes, Your Honour.
Can we get outta here? What's next? North-Eastern Mining and Territory Conservation.
You said this would take an hour.
I've arranged a conference.
You'll survive.
Gentlemen, bear with me for a moment.
Certainly, Your Honour.
Has he done a runner? His car broke down, or slept in Or he's had an accident? Sure.
What do you think? I wouldn't know, would I? Excuse me.
Hello? They've adjourned for half an hour.
Shit! You're kidding me! How long's he been up there? No, no, no.
I'll let you know soon.
Vic, reckon they'll know much more in half an hour? If they don't, they'll stall.
Why? I mightn't be back in time.
What?! What if Shortie wants sworn evidence? I'm a phone call away.
What if the judge wants you? Sorry.
Do you ever get the feeling it's them and us? TINA: Thank you, Your Worship.
Mr Provis, could you state your full name? George Ronald Provis.
And what is your address? Mr Provis? Where are you living? At a mate's house.
Can you remember the address? Number 94 94 Barkley Street, Essendon.
What is your occupation, Mr Provis? I-I collect stuff.
I keep myself busy.
TINA: Did you make a statement to the police in regard to this matter? I think it was the police.
You made a statement? Y-yes.
If I could show you this.
Thank you.
Is that your signature at the bottom of the page? No.
I'm referring to the second page.
There are only two pages.
Turn the top page over, Mr Provis.
No, no, right over.
GLENDA: Now, can you see your signature on that page? It's at the bottom.
I think under the circumstances, if I could have leave to lead the witness through his statement, Your Worship, it may assist.
Mr Provis is obviously having difficulties.
Mr Reynolds, Mr Bennett? Got any objections to that course? I've no problem with that.
If it expedites matters.
GLENDA: Miss Bertrum.
Mr Provis, if I could take you back to Saturday 9 March, in relation to an alleged assault on you on that date.
Can you tell me where you were? Mr Provis, could you please leave the statement alone and listen to what I'm asking? Do you remember that you were living at Brandon House on 9 March? I wouldn't have a good memory of back then.
Do you recall that on 9 March at Brandon House The date that I'm talking about is the date that you were assaulted, Mr Provis.
Can you remember? I had a sore headache for a few days.
What gave you the headache? TINA: Were you hit? I I know I had a hangover for 8 or 10 days.
TINA: Before you had the hangover, do you remember what happened? I was knocked on the back of the head.
Where was this, Mr Provis? What place were you at? It was outside.
Were you hit or punched in the toilet area of Brandon House? That was where they picked me up.
Where who picked you up? Couple of Speak up, Mr Provis, so Her Worship can hear you.
Why did they pick you up? I was down.
You were down? They didn't like what I said.
You're always whingeing about Vietnam.
Korea was the real thing.
You would've learned a thing or two there.
I seen cats fightin' better than that.
And the commies came in and took it off ya.
They came right back and took it off ya! (Laughs) You fucking prick.
Nobody wants to know ya.
The whole thing was a bloody waste of time.
Ahh! Mr Provis.
Mr Provis.
(Quietly) Where's he gone? Twilight Zone.
"Let your eyes look forward "and your gaze be straight ahead of you.
"Consider well the paths for your feet "and all your ways will be sure.
" Beam me up, Scotty.
Return to the witness box, Mr Provis.
Come on, mate.
I don't think I should be in this place.
Take a seat.
We'll get you a glass of water.
It isn't very nice.
PROVIS: My headache's coming back.
ANDREW: We'll get you something for it.
It's best we take a 10-minute adjournment.
All stand.
First division of the Melbourne Magistrates' Court is now adjourned.
If you'd rather pull the plug, I won't spit the dummy.
Definitely not! How far will you push him? We have to finish the statement.
He has to ID them.
He doesn't want to remember.
You saw him - he switched off.
We expected problems.
Don't go wishy-washy on me.
Come on! You go for the pricks and I pass the ammo, sweetheart.
OK? They nearly killed him.
Stuff it.
We're not backing out now.
Don't call me sweetheart.
Mr Provis? How are you feeling? Shall we have another go in court? So, Mr Provis, the men took exception to what you said.
Is that right? They didn't finish the soup.
Did they leave the dining room? Mr Provis? Earth to Provis, Earth to Provis.
(TOILET FLUSHES) Ugh! So you're a hero, are ya? Ugh! TINA: Mr Provis, who hit you? Ugh! Can you identify the men who attacked you? (Screams) (Moans) Are they in this courtroom? He was one of them.
That bloke at the end of your table.
(Chuckles) GLENDA: Want to discuss this with your informant? Yes, Your Worship.
Next witness any better? No use pushing him.
The poor bugger's rooted.
We'll lose him.
His statement won't be admitted as evidence.
Don't matter.
They can see how much damage has been done.
The case won't be as strong without him.
Too bad.
(Glenda types) Your Worship, we won't get any other evidence out of this witness.
I can't take things any further.
He won't be able to cope.
May he be excused? You may step down, Mr Provis.
You're excused, Mr Provis.
Constable.
Come on, Mr Provis.
PETER: It's a simple question.
Who's doing Steve Hennessey? Marny.
Mick.
Mate.
Peter, how are ya? Alright.
Can I have a word? I hear you bowled over Steve Hennessey.
Places to go, people to meet.
Kick a goal? From centre half-back, mate.
How much have you got on him? Enough to keep us busy.
We picked him up at Lenny Wilson's.
Reckons he fought with Kirsty, went out, got pissed, flaked at Lenny's.
Knows nothin' about the stick-ups.
Original wise monkeys.
Just in the wrong place at the wrong time.
Story of his life.
Yeah.
How do you know he's involved? Wilson's a talker.
Couldn't help himself.
Now he's scared shitless.
What else is there on Steve? Plenty, mate.
We got his prints all over this lot here and we lifted a few off this gem.
Can I look? Sure.
He's gone, mate, dressed up like a Christmas turkey.
Could help you, Peter.
So how's he travelling? Well, he's seen better days.
So, can I talk to him? Er Yeah, alright.
Just don't arc him up, but, OK? Mick, I just wanna talk to him.
Say hello to Mr Faithful.
He's the friendliest face you'll see.
STEVE: You know where I've gotta be.
Tell these arseholes to cut me loose.
MICK: Mate, we've got a matter of an armed robbery in Sandringham to put to you.
I didn't do it.
How come you're sitting there wearing the bracelets? I want my legal advisor.
Not possible at the moment.
I'll shout you lunch.
Actually, hang on.
You better shout me lunch.
I spent my last $2 on that tram ticket.
That'd be right.
Oh, come on.
Public transport's expensive.
(PHONE RINGS) Manoulis.
The Armed Robbers have got him.
What?! They raided a safe house.
Links him to the Armaguard job.
I'll tell you more later.
Steve.
Does Kidd know yet? You get that pleasure.
And how long have you known? You don't wanna know.
See ya.
Oh, shit.
Steve's at the Armed Robbery Squad.
What?! Silence.
All stand.
This honourable court now resumes.
Steve's in custody.
Jesus! Your Honour, I apologise for the delay.
I was unavoidably detained.
Is the applicant here? No, Your Honour.
I have some information regarding the whereabouts of Mr Steven Hennessey.
It's just come to our attention that Mr Hennessey is in custody.
He was arrested early this morning.
Well, that is an unexpected development.
MANOULIS: Yes.
There's not much point in wasting any more of the court's time I'm sure we're all in agreement.
It's regrettable the police didn't inform us.
Apparently the Armed Robbery Squad didn't know about the bail appeal.
(Quietly) Oh, bullshit! SHORT: Under the circumstances, I suggest the matter should be stood down and removed from the list.
No doubt Mr Kidd is anxious to see his client.
Yes.
Thank you, Your Honour.
Hopefully this afternoon will be more productive than this morning.
CLERK: All stand, please.
This honourable court will resume sitting at 2:15pm.
Why didn't you ring me? Just found out.
Don't give me that! I was informed five minutes ago.
Fair dinkum, I'll put you in! MANOULIS: I don't give a shit what you do.
Any comment, Shirl? Yeah.
You know bloody well what it is! They never let up on us! That bastard won't leave us alone! What have they got him on? I don't know.
Not the Armaguard robbery? Ask the police.
How long have you really known? (PHONE RINGS) What are you gonna do? Do him for the armed rob? Take him for a McDonald's.
What do you think? Can I have him? No.
There's a problem.
He's due at the Supreme Court.
No way! We're taking him across the road.
He won't get bail on ours.
He was on bail and committed offences.
He won't get bail on ours either.
We'll run him through the media gauntlet.
It'll be like a Christmas special.
You'll give him bail if the media's up there! Kidd will say that every juror's been poisoned.
There'll be no fair trial for 12 months! If he goes out there, we'll never find him! Put the dogs on him! You can't do that for 12 months! We've got a couple of devices in houses.
Taylor brothers, Freddie Smith - we need them to be aware that Steve's been done and might've rolled 'em.
Once they move the gear, cherries will fall off the tree, and we'll pick 'em up! Mick, I am asking you for this one favour.
Ask me anything else! This I cannot do.
Won't do.
Let's talk about it over some beers.
Thanks for nothing.
Who are you talkin' to? Even if it was your business, big-nose, you wouldn't hear it from me.
The drums are out already.
Hey! You're rolling the job.
Do that again, I'll shove it up your arse.
Peter, let it go! I don't care who he is, he'll get dotted! Wait till your arse is in the breeze and you need a favour.
We wheel him out in one hour.
Then it's lights, camera, action.
What are you trying to pull, Faithful? You got a bitch, you take it up with him.
Who the hell are you? Michael Kidd.
I'm here to see my client.
Why wasn't he allowed a phone call? We're justified under Section 464C - destruction of evidence.
You knew he was due at a bail appeal.
We've got our priorities, Mr Kidd.
Hiya.
Steve.
How are you? Terrific.
Have you told 'em anything? There's nothing to tell.
Fine.
Just in case.
(ROCK MUSIC PLAYS LOUDLY) What's gonna happen? Well, uh, we'll try and get this lumped into one.
See how you go.
I'll speak to Kirsty - avoid further dramas.
Gonna take a day.
You've gotta get me out, Mr Kidd.
I can't stand this place.
It isn't long.
I'm losing it - going troppo! Don't let them see that.
Bastards will never let up.
Well, just say nothing.
You'll be OK.
Have you see the police surgeon? Have you got any marks or bruises? Nope.
Keep your head, Steve.
Just wait a sec.
If this Da Silva character doesn't stick to his statement, we're out the door.
No identification, no case.
He looks pretty good on paper.
But is his brain fried? He's an alky.
How much will he remember? Even if he's good, they'll tear strips off him.
We've still got the house manager and the two uniform coppers.
Oh, how slack were they? The running sheet called it a 'minor assault'.
And the notebook's only got Dobbs's date of birth and address.
What the hell else are they supposed to do if Provis doesn't make a complaint there and then? They see this sort of stuff every bloody day.
Usually amounts to bugger-all.
A dero gets bashed and who gives a shit, right? (Laughs) Listen, mate - it's fine for you to sit there with your coffee and criticise.
You try getting out there, rubbing shoulders with these turds.
It's a different kettle of fish.
Know what I mean? Oh! Struck a nerve.
(Laughs) You give a bloke a bloody hard time, don't you? All the fellas say that.
Makes me feel much better.
Least their statements aren't too bad.
They recall Provis's injuries and his emotional state in detail.
We've still got the hospital records and the photos.
Except the defence will argue that Provis didn't develop a subdural haematoma from the assault since it was four days later he was admitted.
You knock it out? Yep.
In the hospital records, it says the surgeon who evacuated the clot commented that it was several days old.
The ICU doctor's statement backs that up.
There you go.
It'll still be tricky-dicky.
Well, my money's on you.
You just keep your end up so to speak.
I'm not real bad at that.
I thought you'd say that.
Maybe some day you'd like to find out.
Is that a proposition? Yeah.
What else it sound like? Might scare you to death and accept.
(Chuckles) You know what your trouble is? You talk too bloody much when you're nervous.
You're just a typical bloody copper.
According to your statement, Mr Da Silva, you resided at Brandon House for 12 months? Yeah.
Why was that? I was having a bit of a tough time.
A 'tough time'? In what way? I couldn't find a job.
You were unemployed? I see.
Was that the only problem? Er I had a bit of a drink problem.
What do you mean by 'a bit'? (Laughs uncomfortably) You know.
No, we don't know, Mr Da Silva.
That's why I'm asking.
Does 'a bit of a problem' mean small amounts often or large amounts on certain days or a good binge three times a year? Yeah - binge drinking.
Week on, week off.
Would you class yourself as an alcoholic? Yeah.
When did you start drinking heavily? Oh would've been about 21, 22.
REYNOLDS: How old are you now? So you've been an alcoholic for seven years.
Sorry, what was that? Yes.
Now, this problem with alcohol, does it extend into other areas? What do you mean? Well, were you or are you taking drugs? Not anymore.
Oh, so you've given up the drugs, but you're still drinking? I'm in rehab.
In rehab? Ah, well, that's admirable, Mr Da Silva.
How's it going? OK.
(Softly) You're a bloody maggot.
Must be hard to stop.
He's just warming up.
You've never fallen off the wagon? No.
Oh, Mr Da Silva! Would you have us believe you have not succumbed to the demon drink? Mixing with your mates at Brandon House, I would've thought the temptation would be too much.
Make your point without being rude, Mr Reynolds.
Your Worship.
It's true, isn't it, Mr Da Silva, that at the time of the alleged attack on Mr Provis, you were drinking.
Not on that day.
What day was that? It was a Saturday.
Oh, you remember, do you? I was off the grog and it was a Saturday.
And how long had you been off the grog? Just for the day? Longer.
You must've been withdrawing.
No.
How were you feeling? Sober.
Sober as a judge.
So you think you have a good recollection of that day's events? Pretty fair.
According to your statement, you said you went to the men's Yeah, that's right.
I left the kitchen Wasn't it the dining room? Well, same thing.
One opens out into the other.
And I, uh went down the corridor.
There was no-one there then.
I went into the toilet, come out, and these two blokes were just outside, talking.
They sorta jumped 'Jumped'? What - in the air? No.
Like they were startled.
Then what happened? I started talking to Al.
Who? I didn't know his other name then, but it's that bloke over there with the long hair - Dobbs.
And he introduces me to this other fella He's doing OK.
Mm-hm.
DA SILVA: I start telling 'em what I've been up to.
Then the old bloke leaves the dining room, goes into the toilet.
Yeah.
They're trying to get me into rehab.
You know - you scratch my back, I'll scratch yours.
You off the grog, then? I haven't had a drink all day.
(THUD!) (Man groans) Shit! (Man screams) Better get back to it, then.
See you later, then.
See you later, then.
REYNOLDS: Obviously, you weren't concerned, or you wouldn't have walked away.
Course I was.
You couldn't have been.
You left.
All I thought was, "Someone's gonna cop it.
" As long as it wasn't me, I was happy.
Isn't it true, Mr Da Silva, there was nothing happening? You didn't see anything Saw the old man 10 minutes later.
Lying in the backyard, blood all over his face.
Hey.
He's been crapping on long enough.
Can't you shut him up? He's doing more damage to himself.
Let him go.
It's true, isn't it, Mr Da Silva, you may have your facts confused? No.
Mr Reynolds, he's given you an explanation.
Is there any other matter you want to put to him? Yes, Your Worship.
Tell us, Mr Da Silva, what made you overcome your reluctance to report the matter? When I heard the man had brain damage and he'd almost carked it.
Did you see my client strike Mr Provis - yes or no? No.
No further questions.
GLENDA: Miss Bertrum.
Mr Da Silva.
During the period you were talking in the corridor, up until the time you walked away, did anyone else enter the men's toilet apart from Mr Peel and Mr Dobbs? No.
Thank you.
You may stand down, Mr Da Silva.
Good on you, sweetheart.
You ought to take this up full-time.
Did you call me sweetheart? Little bit.
Thought we'd put this matter to bed.
If your client hadn't been a naughty boy, we would've.
They're waiting for him.
Cameras everywhere! Well, it's not on.
Agreed? Absolutely.
The heat's getting outta hand.
So we go for the suppression order.
No piccies, no mention of the name Hennessey.
The media can chase this, but can't use it.
If we get it.
We'll get it.
Know who the magistrate is? It's Magnus.
MANOULIS: Oh, no.
You're kidding.
Christ! (Chuckles) Michael.
It isn't funny.
I'm not the one that tried to have his decision overturned.
You will back this application? Yeah, course I will.
Cheers.
Word is that we're back in front of the same dickhead that gave Steve bail.
I'm afraid so.
Well, that's bloody lovely.
He'll give the media a field day just to spite Manoulis.
News travels fast.
When you've got the sources.
And the calls don't get cut off.
That's what happens when you're chatted up by your Armed Robbers mates.
What were you doing up at the Armed Robbery Squad? Just having a friendly chat about whose territory this is.
Shirl says you loaded her boy up with these charges.
Well, that's bullshit.
This is giving me a problem.
Could be a story in that.
Yeah? Better story than this.
STEVE: Youse want a story, eh? I got a story for ya.
I've been framed by the jacks.
They're persecuting our family! MAN: What do you mean 'persecuting'? MAN 2: Watch your step there.
Who framed you? 'Scuse me.
You got that? Yeah, I got that.
No worries.
Harassment! We're getting it all, mate.
They're persecuting our family! Your Honour, I appear to make an application for a suppression order in relation to Mr Steven Hennessey's armed robbery charges.
You're outnumbered, mate.
Even the defence counsel wants to gag you.
You gotta get it past Magnus first.
MANOULIS: It's the final sitting for the year, Your Worship.
Now, the Crown is concerned that the publication of his name or photographs, footage, may lead down the track to applications for stays on the basis of prejudice.
Final sittings are a fair way off, Mr Manoulis.
Well, yes, but Mr Hennessey has attracted a fairly high profile in recent months.
His activities attract the media's attention all the time.
So the Crown feels that in the interests of justice, and to ensure a fair trial, his identity should not be revealed.
He's not buying it.
I appreciate that, Mr Manoulis.
But this was a particularly violent robbery.
It seems to me the public's right to know outweighs other considerations.
There are too many hearings conducted behind closed doors.
Justice must be seen to be done.
Well, with respect, um Your Worship must understand that there are wider consequences than just Your Worship's rather limited opinion.
Let it go.
Mr Manoulis, that is a very intemperate submission.
And I do not take kindly to the implication contained therein.
Well, with respect - the utmost respect - Your Worship has completely misconstrued the consequences of allowing this publicity.
There are broader issues MAGNUS: I'm against you.
What do you say, Mr Kidd? I make no such application.
I refuse your application for a suppression order.
Oh, you bastard.
You said you'd back me up.
Mate, we're even.
MAGNUS: Mr Hennessey? You are to be remanded in custody to reappear before this court in a week's time - Tuesday 22.
There having been no application for bail, bail is refused.
Your Worship, we ask for a stay initiating the order against suppression for a few hours so we may take this matter to the Supreme Court.
Alright, Channel 9, 2, 'Morning Standard', 'Herald Sun'.
Who else was there? Most of them, I think.
Oh, bugger it.
Fax all of them.
They either suppress it voluntarily or we go for the injunction.
How long do they have to reply? In time to stop the footage hitting the 6:00 news.
So 5:00.
That's just over an hour.
That's reasonable, isn't it? I guess so.
And have you actually done one of these before? No.
And to be completely honest, I'd be much more comfortable with the Director here, but You don't think that they know he's away, do you? DPPs national conference.
Almost certainly.
And if the media stand us up and opt for a judge's decision, then they'll throw in their heavyweights.
Shit! You think we should brief somebody? Yes.
Alright.
Who do we normally brief for injunctions? Our, uh Porsche-driving Mr Khoshaba.
Oh, what? No! What's your problem, Vic? I went to uni with him.
The guy is just He's he's an arrogant little stuffed gown.
He's If we don't act now, we mightn't get him.
Alright, call him.
Call him.
Right.
Right.
Uh-huh.
Shouldn't be much longer.
Busy man.
(Sighs) Ah! Vic.
I had to shift a few matters to fit you in.
Now, um who am I leading? Me.
Right.
Well, um, come in and tell me what this is all about.
It's tough at the top.
Sit down.
How can I help you? REYNOLDS: You don't make allegations lightly, do you, Detective? Yet in a second interview with my client, there's mention of his 'knee-capping' Mr Provis.
He made that admission.
Given your knowledge of the brief, that was the first time that question arose, wasn't it? As I recall, he said he was bashed, pushed up against the toilet door, thrown to the floor and kicked.
He has trouble remembering all the details.
But I'm right in saying this was a new piece of information? Yeah.
Yes.
Did you ask my client at any stage what he meant by it? Did you explore the dynamics, if you like, of this knee-capping? (Clears throat) Violence is part and parcel of an assault.
I drew upon my knowledge and interpretation.
What I'm saying is you did not choose to explore the issue of the knee-capping, did you? I asked him a number of questions and he answered them.
But you never actually put to him the proposition that he meant to do it, did you? If it was intentional.
I didn't think it was necessary to ask him that.
REYNOLDS: No further questions.
GLENDA: Miss Bertrum, do you wish to re-examine? I don't, Your Worship.
You're excused, Detective Sergeant.
I tender the balance of the handout brief.
We'll call it Exhibit E.
That is the case for the prosecution.
(Types) I'm satisfied that there is sufficient evidence on the intentionally caused serious injury charge for a properly instructed jury to convict the defendants.
The evidence indicates that the defendants are equally responsible for the injuries caused to Mr Provis.
The charges of unlawful assault and assault in company are adjourned, sine die.
Mr Dobbs, Mr Peel, do you both understand this? Yeah.
Yeah.
GLENDA: Good.
KHOSHABA: I'm glad you came to me.
Because Shortie's very sensitive about the press.
They slaughtered him on that prior matter.
He deserved it.
Of course! Not that it matters.
It'll work for us.
Know your tribunal, Vic.
Well, if we could stick to the facts (Knocks) It's, er after 5:00.
Tell me we've been flooded with replies.
None of the papers and not one of the TV networks.
And they're waiting for us.
Right! Let's go and kick 'em in the cods.
Come on, Vic - let's move it! KHOSHABA: There is a conflict, Your Honour, between the public's right to know - which, on behalf of the Crown, we support - and the right of the accused to a fair trial.
Now, that right is to select a jury from an unbiased panel.
I note Mr Kidd is not supporting your application.
When is this trial going to take place? Three months.
Three months, Your Honour.
That's a fair amount of time, Mr Khoshaba.
Yes, but I need hardly remind Your Honour of the excesses of the press.
They have a habit of running wild.
Of blowing things out of proportion.
Yes.
I do have some firsthand experience.
Your Honour, the problems of widespread publicity and subsequent contamination of the jury pool will result in the accused man being found guilty before he even steps into court.
The public do have the right to know.
It's a balance, of convenience.
KHOSHABA: We're faced with stark reality.
We do nothing and the Crown is going to find itself in a position where it can't proceed.
The alternative is where Your Honour suppresses the proceedings.
We've prepared an outline for perusal.
We? SHORT: The court appreciates your efficiency, Mr Khoshaba.
KHOSHABA: If we don't stop this now, it'll be too late.
The interests of justice demand that his man gets a fair trial.
Isn't it better to err on the side of safety? If Your Honour doesn't do anything in the next 20 minutes, the damage is done.
We're not saying it shouldn't be in the public arena.
We're saying it shouldn't be there right now.
Very well.
I'll grant a suppression order for 10 days.
KHOSHABA: If Your Honour could make it 14? I do have a commitment in 10 days time.
Interesting strategy, Michael.
What's going on? Don't know what you mean.
Leaving it to the prosecution to protect your client's rights.
Steve Hennessey's rights have been kicked out the window for the last two years.
Can I quote you? If you want to be sued.
That's the client's opinion, not necessarily mine.
Been instructed not to go for it? Obviously.
They just love that spotlight, don't they? Maybe he feels safer in it.
Oh, yeah, sure.
You ever considered the possibility he's genuinely scared to death? 'Bye.
'Night, Tina.
Sorry.
I was held up.
In you get.
Next fucking person puts their head in here gets it knocked off! When you're in there, do as you're told.
I've got no problem with that, but I can stop this.
(Steve shouts) Trying to poison me, you bastards! I know you are! I'm not gonna eat this shit! Hey, Steve! Steve! It's me here.
What's going on? I want to talk to you.
I'm gonna die in here! They're killing me.
Jerks are killing me.
No-one's killing you.
They put stuff in me food! Calm down.
Know what's in here? Piss! Anyone comes in, they wear it.
You throw that over me, you get yourself another barrister.
Put it down.
Hey, come on.
You're gonna be alright.
They called me a piece of shit - said I'll be treated like one.
Don't let 'em get to you.
Show 'em you're better than this.
I've got pains in my chest, a heart attack.
Stress, that's all.
Stop worrying.
Here.
I can't handle it anymore.
We'll get you out.
It'll just take a while.
I shouldn't be in here.
We'll make a bail application next week.
They're gonna brick me.
Nah.
Think your family would let you wear this? Mum hasn't been in.
I'll get her in.
And sort out some medical attention.
Yeah, sure.
Hey, come on, Steve.
We've been through a lot together.
I'm not gonna run out on you.
(PHONE RINGS) STEVE: Mr Kidd? Where are you? Jacks took me to St V's.
I couldn't hack it.
I've been hiding out for about an hour.
Tried an old girlfriend's house, but other people live there now.
I don't know what to do.
Can't go home.
Are you armed? Yeah.
I took a guard's gun.
Get rid of it! Don't give them a reason to shoot you.
Are you listening to me? Yeah.
Yeah.
I'll meet you somewhere, alright? Anywhere you want.
I'll arrange for a copper I trust to be there.
Steve? You've gotta give yourself up.
No, mate.
No, I can't.
Believe me, it's your only chance! Steve! (Hangs up phone) So much for the injunction.
(HORNS HONK) Morning! (HORNS HONK) Yeah, yeah! Thank you very much.
(Laughs)