Janus (1994) s01e12 Episode Script

Can I suggest I'm no more than seven minutes late? I don't make the law, sir, but if you want to break it ROSE: He did lunch.
JACK: With who? Didn't say.
Alright, Jack? Troops are lined up.
Yes, yes, yes.
Silence.
All stand and remain standing.
Be seated.
GROSSMAN: A longer break than I intended, gentlemen.
Not my fault, of course.
Hope you're not thinking that is the case.
Never entered our minds, Your Honour.
Sir, perish the thought.
Be too easy to blame my associate.
We'll leave it at that.
You've no matters to raise, Mr Kidd? For once, I'm content, Your Honour.
GROSSMAN: We'll bring the jury in.
No.
The surveillance sergeant, then me.
I'm gonna be here till at least the day after tomorrow.
Absolutely.
Yep.
Fine.
I left my shottie in the car.
Bitch and a mongrel, mate.
He's gonna tell the truth, why does he have to learn his lines? (Pronouncedly) He's back.
He's passed it to Mal.
Oh, no! Shit! CASSIDY: He's getting dirty 'cause he reckons it's taking too long.
(Rustles paper) Six seven, eight, nine.
There's a large one.
STEVE: Give it here.
Is this the Sydney bloke? Yeah.
I said to him, "This is my town.
"You want to do business or what?" He said, "Can I trust these blokes?" I said, "I trust 'em with my life.
" MAN: Tell him what he's getting now is the same as what we give him last time.
Worth the money.
Yeah, yeah.
So you can't go wrong with it.
Alright, thank you.
Detective Sergeant Alvin, were you in charge of the surveillance team whose responsibilities included secretly videotaping a meeting between the police informer Cassidy and two men? Yes, I was.
Right.
Your Honour, we have confirmed the maker of the videotape Gail? She's the mum.
He's the big brother.
MANOULIS: Now, in regard to the tape, can you identify the person we heard say, amongst other things, "I trust them with my life"? ALVIN: Yes, I can.
MANOULIS: Whose voice was that? That was the voice of Dale Cassidy.
Now, how is it that we're able to physically hear the voices when the camera is obviously so far away? He agreed Mr Cassidy agreed Bloody Hitler.
wearing a hidden radio transmitter.
I see.
Now, the person who said, um "What we've got today, it's the same "as what we gave, or give, you last time.
" Can you identify that speaker? Yes, I can.
Is that person in this court? He is.
Could you please identify him for us? He is the accused in the dock - Darren Mack.
Thank you.
We heard a person say "It's worth the money.
" Can you identify that voice? Yes, I can.
Is that person here in court? He is.
Please identify him.
The other accused in the dock - Steve Hennessey.
MANOULIS: Thank you.
No further questions.
Mr Kidd.
I'm not an expert in these things, but this tape that you've made, this secret tape it's not very good, is it? I don't know what you mean by "not very good".
In terms of what we see and hear, the quality's poor, isn't it? I wouldn't agree with that.
I don't agree.
You mean the standards required for police surveillance tapes are pretty low? Well, it is in the nature of surveillance to be unpredictable.
You grab what you can, when you can.
More or less, yes.
But you would agree with me, it certainly was not directed by Steven Spielberg? (LAUGHTER) Have you ever spoken personally to my client? Personally, no.
How have you heard his voice? I'd rather not disclose that.
Why's that? I'd rather not disclose my sources of information, as they are numerous and may impede a further investigation.
Those arseholes have been bugging us for months.
KIDD: Sources had their audio problems, did they? To a degree.
Problems that would make, say, compared to being face to face, would make the voices more difficult to recognise? Yes, but I've identified these voices because I recognise them.
Oh.
You're ahead of me, then, Mr Alvin.
Because I've spoken to my client on numerous occasions, and I can't do what you're doing.
I cannot swear that that is Mr Hennessey's voice.
Your Honour, we're not looking for counsel's opinion.
You're editorialising, Mr Kidd.
As Your Honour pleases.
You ready? (CAR DOOR OPENS) G'day, mate.
How are ya? Good.
And you? Not bad.
(CAR SEAT CREAKS) Just hold it there.
Now, Mr Alvin, the person who climbs out of the front and into the back seat - who was that? That was Steve Hennessey.
The accused How can you say that? Mmm? You didn't see his face.
Throughout the whole of this tape, the person you claim is my client has their face completely obscured! That's part of the unpredictability we discussed earlier.
Was there a time when you, personally, saw my client's face clearly? Um no.
(Softly) No.
How can you say it was him? It was reported to me.
It had been reported.
Who reported it? Members of my team.
When did they report it? Some moments before the car - before the two accused - arrived.
Where were you at this time? I was sitting some distance away, in a static position.
Was anyone with you? The officer in charge of the operation, Detective Senior Sergeant Faithful.
So you're waiting anxiously for this rendezvous, monitoring the progress of the approaching car.
ALVIN: Well, I was in radio contact with my team, yes.
And did they tell you who was in the car? Of course.
Did they use the names Hennessey and Mack? Yes! So that's who you were expecting.
They were the targets.
So you and your team, Mr Faithful and his detectives, you're sitting there in great anticipation, expecting to see and to hear these two men.
Is that reasonable? That's why we were there, yes.
Well, given those circumstances, isn't it fair to say that your identification of my client is based on the sheer expectation that he was gonna turn up? That is nonsense.
I suggest the man in the back seat might not have been Steve Hennessey.
I told you - it was Steve.
I suggest you thought it was him because your team had already told you it was him.
No.
No.
You thought you recognised Mr Hennessey's voice because members of your team had already told you.
Look, you are not listening Do not tell me what to listen to.
There's another section, Your Honour.
It will just take a moment.
I'll give you longer.
The jury would like to stretch their legs.
10 minutes.
All stand.
(People mutter) Sir, are you in here? Judge Grossman? Are you OK? Tell Rose another five minutes.
Another five? Tell her, please.
(Grunts) DARREN: Tell him what he's getting is the same as what we give him last time.
STEVE: Worth the money.
CASSIDY: Yeah, yeah.
You can't go wrong with it.
That's what I said to him.
(TAPE HISSES) (INDISTINCT VOICES) STEVE: Pick-up's just around the corner.
CASSIDY: Let's go.
(Sniffs) Oh, shit.
I thought that was the jacks.
Arseholes wouldn't know what time of day it is.
Talk about cool.
He's a bloody ham.
Arseholes.
Your mate.
Friggin' dog.
(TAPE SWITCHES OFF) KIDD: In this section of the tape, Mr Alvin, there's interference.
What went wrong? ALVIN: I believe the camera fell over for a moment before being righted.
You believe? What, you weren't operating the camera? No.
The operator was one of my men.
You could see him? No.
Why was that? He was in a covered situation.
What sort of covered situation? In a hedge, basically.
A hedge.
And how far away from you was he? 60 metres.
60 metres.
Right.
And that's closer to the target than you? Yes.
How close to the target was he? 40 metres.
You're saying you didn't actually see what we saw on that tape.
Is that right? I had binoculars, which made it possible to see the same thing as the camera.
You were in line with the camera, were you? I would have been off to one side, but watching the same thing.
Hang on.
Say a line from you to the target is north - where was the camera? Off to the left.
To the west.
What, north-west? Roughly.
A full 45 degrees away? No, no.
Not that much.
You didn't see the same thing at all, did you? I saw the same event.
I was there.
But the same event from a completely different angle? It was the same event.
Why are you misleading us? I'm not misleading you.
You're testifying as the maker of this tape.
Yet you weren't near the camera and viewed this event from a different angle! I was responsible for the tape being made.
The image wobbles, it falls and it goes to black.
What happened? It's just part of the camera falling.
Is that all you can say? That's a pretty casual answer.
That's your full explanation, is it? I'd be guessing if I said anything else.
You were in radio contact with the operator? Naturally.
And what did they say about this extraordinary piece of work? I believe they said "making an adjustment".
And that was acceptable? Well yes, I had a fair idea.
This is not unusual.
Viewing it later, what did he say? He said, "Oh, shit.
" Shit? "Oh, shit.
" (LAUGHTER) Don't be ridiculous, witness.
Are you trying to be disruptive? Your Honour, that is the forensic equivalent of asking him, "When did you stop beating your wife?" It went down like a row of shitcans.
Kidd's giving me a hard time over Finnie's video.
(Whispers) We'll sort 'em out now.
Your Honour, I'd ask that the camera operator be called.
Mr Manoulis? Two different matters, Your Honour.
Firstly, considerable discussions were held at the early stages of this trial between our side and theirs (Whispers) and I was under the impression that calling the camera operator would not be necessary.
That was then.
This is now.
Inflation, yeah.
More money.
I seem to be getting unwanted static, Mr Manoulis.
Yes, I'm sorry, Your Honour.
It's clear that the camera becomes somewhat wayward in the small part of the tape Mr Kidd's concerned about.
But, as Mr Alvin explained, that's not at all surprising under the circumstances.
I would submit that to carry this matter any further would be wasting the court's time.
It's true we did reach certain agreement, Your Honour.
But I expected Mr Alvin to supply a clear and unambiguous view of the complete taping procedure.
I'm not satisfied he's done that.
I think the cameraman would give us a better idea.
Mmm.
Second matter? Your Honour, as a matter of record, the camera operator is, in fact, a recent client of my learned friend's.
So, if that presents any kind of ethical dilemma, I'm sure he'll let us know.
Give me a brief summary, Mr Kidd.
Mr Finlay is the camera operator, and I was recently engaged as his defence counsel in an alleged, um, assault on a nightclub bouncer.
He was acquitted of all charges and none have relevance to the current position.
There's no dilemma.
In my opinion, none, Your Honour.
GROSSMAN: Mr Manoulis? It is true that the two matters are unrelated, which means normally that either party being privy to information concerning the first trial shouldn't have any effect on this one.
All I can do is express unease at the previous contact being so recent.
I guess it's up to the policeman in question.
Yes, it all comes down to whether Mr Kidd's previous client agrees to being cross-examined by him.
ALVIN: Criminal barristers, mate - God's gift to the crooks.
Why does Michael want me in the box? Problem with the quality of the buy/bust video.
But if Kidd asks, never heard it from me.
I'll tell him how tricky it is.
I already told him.
And he didn't.
He will when it comes from me.
He reckons they'll go easy.
We've got secrets Kidd hasn't put on the table yet, so You blokes just haven't been on the right side of him.
He hasn't got a right side.
He's a hired gun! He'll be shooting at you, not for you.
When you're staring at time in Pentridge, you don't just hold your breath and hope.
(Peter sings) Nah, nah, nah I gave that bloke trust, faith, the lot.
He didn't let me down.
He gave it back twice over.
Sounds like he's in love.
So, did you go out and celebrate? Yeah.
Tell me you didn't shoot your mouth off.
Anything you said to Kidd, he's gonna remember.
We don't know what he's up to, so Look, he's me good mate.
He's not your good mate! (Jan slaps paper down) Shit! Jesus! I think Jan wants you.
Have they found that girl yet? They're still snowed under.
Well, they're slack-arses.
Finnie? Yo.
Give us a hand here, as of now.
On what? Give him the drum.
Sure.
OK.
The VicBank trial.
Listening device tapes that were never heard by the jury.
On one, the Hennessey brothers talked about getting rid of the gun.
JAN: Mal said knocking a copper was like having a first head job.
Remember? Yeah.
Charming.
It seems that exact same thing was said 10 years ago about another murder.
Said by who? Mal? His junkie girlfriend at the time gave him a rock-solid alibi.
Her name's Cass Enfield, but we can't find her.
I've been chasing up a lead with the Drug Squad and keep drawing a blank.
The Drug Squad? They're slack-arse bastards.
We're running on empty here, Finnie.
I've still got a couple of mates there.
Good.
Because I want the mail on this girl.
Who got onto all this? Me.
Mind like a steel trap.
(All laugh) Sieve, more like.
It was our DPP solly - Rob Griffin.
Don't say anything to him - he gets paranoid.
Sure.
Don't talk to anyone.
If Mal sniffs that we're looking for his girlfriend boom.
Something to do with his plumbing department.
What? His problem.
He's spending so much time in the dunny.
Will you ask what's up? He'll tell us if he needs to.
I wouldn't.
Why? Could be embarrassing.
Don't be stupid.
Your wife rang while you were in the toilet again.
She sounded worried.
You were going to ring her.
I'll see her at home.
You've got a Janus meeting.
Just what I need.
Christ, you're a pain.
How does she live with you? Doesn't it matter that she's worried? What the hell is the problem? Try not to be too subtle, Rose.
Whatever's wrong is close to affecting your work, and that reflects on me.
I've developed a particular thing.
May need an operation.
Short stay in hospital.
When I know more, we'll look at my schedule.
Prostrate, right? You're not the first one.
I'm not lying facedown.
'Prostate', not 'prostrate'.
Whatever.
Louise's judge had his whipped out last year.
Do you know what it's for? Not really.
The main thing is he's as good as new.
It sits under the bladder and produces semen.
When it gets enlarged, it becomes hard to urinate - a symptom I can now testify to.
I'm glad I asked.
One thing females needn't worry about.
Sorry if that wasn't funny.
Have you been to see a doctor? That's why I was late.
He stuck his finger up my backside and praised me for coming in.
Louise said it's good to catch it early.
"It's harder for men than women," he said.
We're not as used to having our nether regions poked.
I can feel it quite easily.
The whole thing enlarged by a tumour.
There's a tumour? He did a couple of tests.
I'll know more tomorrow - whether it's benign or malignant.
It's probably a case of chopping it out as soon as possible, he said.
JAN: Is this 110% sure? (Chuckles) I believe you.
Thousands wouldn't.
(Laughs) Well, you're a sucker for punishment.
Later.
MAN: That Finnie? Yep.
Pissed as a newt, but all in the line of duty.
His Drug Squad mate come good? Yeah.
I've just done an IBR on Mal's old girlfriend.
Changed her name from Enfield to alias Sandy Fielding.
Care of Her Majesty's Prison, Fairlea.
Five years for armed rob.
Perfect.
She's not going anywhere.
But bad if she won't talk to us.
Yep.
She's refused to be questioned.
They've all refused to be questioned.
You ready, guys? Yep.
Print? Yep.
(COMPUTER BEEPS) This was recorded 20 minutes ago.
KIRSTY ON TAPE: You know, Billy Noble, the tall guy Hey, Mal.
Did Kirsty tell you what she heard? What? Some guy down the pub reckons Billy Noble's been asking questions.
Going on about the old days.
Billy's always shooting off at the mouth.
He was asking about your old girlfriends and them speed parties you had.
Jesus, Kirsty.
That's going back years! I know.
But it sounds suss.
Suss.
What if Billy was asking for the coppers? Why would the jacks care about something that long ago? Because Peter Faithful's obsessed.
He'd try and pin anything on you.
If they're going back that far, they're getting desperate.
If that dog Noble talks he knows what'll happen to him.
The hole he's going into has already been dug.
(Turns off tape) That was almost actionable.
JAN: Conspiracy to murder, yeah? No.
Almost, but not enough.
Do we know this Billy Noble? PETER: He's a gig of mine.
I'll have to send him up north.
JAN: Look, Shirl's a worry.
She's getting very suss.
So, what's happening now? MAN: Shirl's laughing at some stupid video.
That'd be right! Her son threatens to kill people and she's laughing.
You reckon they're onto us? Oh! Oh! They're close.
(Yells) You get up against the wall now! Back up, you stupid bitch.
(Fires gun three times) She couldn't have identified them because they weren't there.
They've been innocent all along.
That's right.
DONALD: Remember when those cops were shot during a hold-up? Mm-hm.
Have a look at that.
"Police outrage at jury verdict.
"Brothers acquitted on charges of murdering two police constables.
" Her.
She's the one sitting in the courtroom most days.
Mmm.
God, she gives me the creeps.
"Notorious underworld matriarch Shirley Hennessey.
" It's the mother, alright.
I don't think we're supposed to know this.
STEVE: Pick-up's just around the corner.
CASSIDY: Let's go.
Shit, I thought that was the jacks.
Arseholes wouldn't know what time of day it is.
DARREN: Don't start freaking out on us, Dale.
KIDD: Switch it off there.
Mr Finlay, you were operating the camera that recorded this? Correct.
Right.
At the end of the section we've seen, there's a dark, oval-sort-of-shaped object that fills the picture.
What is that? That object was my foot.
(Kidd laughs) I thought it was.
Could you explain that to us? I, uh, temporarily lost control of the camera.
Oh, and instead of shooting the car, it started shooting your foot? Correct.
(Laughs) OK.
In relation to the car, where were you at this time? Roughly 40 metres away from the target.
Concealed? I was concealed.
Yes, that's correct.
Could you explain how you were concealed? I was utilising the vegetation that was nearby.
The vegetation? Yeah.
A, uh a hedge.
A big hedge.
How high up were you in this hedge? Um about 2 or 3 metres.
And the camera? You say at this point in the tape you lost control? Uh, for a short period of time.
On the tape, it appears as if it falls towards the ground.
Yes.
You dropped the camera, did you? No.
You didn't? I kept holding it.
You kept holding it? When I lost my position in the hedge.
"Lost your position"? Could you put that a little simpler for us? When I fell out of the hedge.
Oh! You fell out of the hedge? (LAUGHTER) Yeah.
I took a bit of a tumble.
Did you hurt yourself? I was lucky.
I landed on my head.
Sounds like a comedy of errors.
I bet your colleagues had a laugh.
Actually, I was glad of the cover.
I can understand that.
You don't need that sort of embarrassment.
It happened fast.
There was no need to disrupt the job.
What caused you to fall? (Clears throat) My foot slipped.
Did something surprise you? Or start bothering you? A, um European wasp started giving me a hard time.
A wasp started to attack you, did it? Yes, I swiped at it.
That's when I did a swan dive.
(Laughs) Your Keystone Cops impersonation? A bit that way, yes.
Now, there's a brief but total blackout on the tape.
How do you explain that? That's when I was changing the battery.
Had it gone flat? When it hit the ground, it popped out of the camera.
You put it back? Yes.
And I got back up in the hedge.
So you had to pick it up, put it in the camera and click it home? Yes.
And that'd take, what, about how many seconds? About two or three.
Then you climbed back up the hedge? 10 feet, you said.
Was it thick? In parts.
So the going was slow? I was back up in about 10 seconds.
Ah.
And then what happened? Then I turned the camera back on and re-focused on the target.
So we switch it on, re-focus - that's about two seconds? Yeah.
So, when you said before that the camera was off for five seconds, you really meant more like 15.
Would that be correct? I suppose it is.
I was under the impression, that despite its flaws, this tape was a continuous record of that meeting.
There's a continuity break in the evidence of 15 seconds where anything could have happened.
Does this discontinuity happen in all your evidence? This witness isn't qualified to answer, Your Honour.
Make speeches in your summing up, Mr Kidd.
We've got the picture.
While I've got your attention, I haven't given the usual forewarning, but I'd like to break early for lunch.
How much longer with this witness do you estimate? Not more than half an hour, Your Honour.
Well, 2:15.
All stand.
This honourable court will resume sitting at 2:15.
What's up with him? Well, it's not me.
It must be you.
All set? Get me out of here.
You're a right royal bastard, you know.
I remember a good session in the pub.
Did I open my big mouth over our celebratory drinks? You didn't pay for one drink.
Nothing personal, mate.
It's part of the game.
Don't be delicate.
It's a game to you? Can't stand the heat, get out of the kitchen.
Prick! One more word and I'll dot you myself.
He's an arsehole.
Of course, he's a lawyer.
What did you expect? You're just gonna walk away? I warned you.
You didn't listen.
You've walked up with your skirts up round your ears saying, "Give it to me," and now you're crying rape.
Bullshit.
He's abused his position of trust.
I'll kick his head in.
He wants that, you dickhead.
Look at the state you're in.
He hasn't even started on you yet.
He's a prick.
You can have a go.
Just not here and not now.
Yeah.
Let's go.
Come on.
Come on.
(Rings bell) Yes? Tactical Response Squad.
Any firearms? Uh, no.
Sign the register, please.
Is the governor here? Yes.
Yeah, that's in order.
"Assist with inquiries.
" Hint off the record would be good.
It's nothing directly connected with her.
We certainly won't give her a hard time.
I hope not! We're working her problems out.
(KNOCK AT DOOR) Yes? Thanks, Maeve.
Where are the hot scones? In your dreams, Governor.
MAN ON RADIO: Charlie 2 to Golf 1.
Golf 1.
Give me 10 minutes, Charlie 2.
Charlie 2.
Roger that.
Maeve's got you pegged.
Won't be long before the whole place knows you're here.
JAN: It's tricky, but there are questions we need to put.
She's got every right not to talk to you.
If you told her it's for her own good.
Which it is.
You said she had her problems.
What did you mean by that? The usual.
Hopeless junkie when she first arrived.
We're helping her over that.
Or she's helping herself, more accurately, because of the child.
The child? Thought you TRS people knew everything.
She's got a daughter in here with us on weekdays, Jessica.
Know who the father is? A Hennessey, you reckon? No, no.
He's no Hennessey.
He's only visited her once.
He's a right prick.
You've got 10 seconds.
PETER: You can get out of here whenever you like? You're gonna sit there and listen to what I have to say.
I'm concerned about your safety.
I don't think you realise what a mess you've got yourself into.
You're involved in a murder.
At the inquest into the death of Patrick Clancy, you gave Malcolm Hennessey an alibi.
You said he couldn't have killed his mate because he was with you all night, miles away.
But we both know that evidence was perjured, don't we? That was years ago.
Cat gets out of the bag sooner or later.
It wasn't gonna go away.
It never was.
It's here and now, and it's staring you right in the face.
Now, you've got two choices, Sandy.
You can do nothing and hope that I can't prove the perjury charges against you or that the Hennesseys don't get you first.
Or your daughter.
We're worried about her too.
If something happens to you, who's gonna look after her? Your sister? She's hardly coping with the weekends.
Who else is there? Jessica's father? How's he gonna go? PETER: You want to take those chances? Yes, I want to take those chances.
I'm not changing my story.
Hennessey doesn't know that, does he? But even if you tell him, "Don't worry," do you think he's gonna believe you? Why should he trust you? You know what he's like.
He's gonna be thinking that one day you might change your mind and you'll be the only thing standing between him and jail.
So, what's he gonna do? I don't want that to happen to you or anyone.
You got two choices, Sandy.
You can keep going down this path and be looking over your shoulder your whole life, or tell me what happened and we might be able to help you.
Like how? JAN: Get you out of here and into protective custody.
You and Jessica.
I haven't even seen him for 10 years.
Why couldn't you find someone else? Didn't you eat enough at lunch? I'm supporting the local confectioners.
Me too, Jack.
Thought this'd be over in about two days.
Do you think we should? I think we're supposed to, yes.
Jack! Can we have a word, please? About those two there.
If we knew who they were and about last year The acquittal and that? I can't say anything No, it's about another case.
Doesn't matter.
Don't speculate.
Look, come on.
(KNOCK AT DOOR) Been given my hospital orders, Rose.
Sometime next week.
How does that look? Almost impossible.
You'll find a way.
Can't it be the week after? No.
We're looking at a period of three weeks, maybe four.
Louise's judge went in over a weekend and turned up by Wednesday.
That's because he only needed a transurethral procedure that removed a little bit.
What? Yours won't be like that? Mine's gonna involve slicing me open and cutting out the lot.
Look, it's that dreaded word, OK? Other people don't have to know that.
I'll tell Bev later.
I can't tell her now.
She'll be too upset.
Have to tell her, won't I? Yes.
Yeah.
It's not the end of the world.
Andrew kept emphasising we've caught it fairly early.
He's guardedly optimistic.
I should even be around for a few more years.
Depends mainly if there's any metastatic invasion, secondary cancers.
He's hopeful there won't be.
Wanted me on the table tomorrow.
Told him I have to finish this trial.
If he thinks it's urgent I've got till next week.
After that, he'll walk into court and drag me out by the balls, which I'll get to keep if I'm lucky.
(Knocks) Your Honour.
Bit of a problem, I'm afraid.
Two of the jurors have twigged about the Hennesseys.
They know about the suppression order, the acquittal, everything.
Oh, Christ! Just what we needed.
Do we adjourn for the day? No.
We're not gonna do that.
Every word, Jack.
Now, did they approach you? Where and when? Just now, downstairs in the foyer.
Old Ma Hennessey and Mad Mal were standing outside and the foreman and - what's her name? - Gail came up to me and pointed them out.
MANOULIS: Your Honour, although a discharge application at this stage by my learned friends would be normal, I don't think any of us really want to pull the plug.
I am trying to see a way around this, but at least two jurors have been tainted as far as judging solely on the facts.
I'll leave the bench while we clarify our thoughts.
JACK: All stand.
Have to select the next jury from a lost tribe of cave-dwelling hermits.
Yeah.
Only way to fly, mate.
Mistrial.
Let me earn my dough, will you? What do you reckon, Mr Kidd? Is he right? Too right.
What do we do? Not much choice.
It's a new jury.
We rot in Remand waiting for it.
They've moved the goalposts, mate.
Crawl back in your hole, dickhead.
The jury might think, "In the murder trial, "they must've been given the benefit of the doubt.
"This time, we'd better convict.
" Normally, I'd agree with you, but is this a normal trial? Whole bloody thing's a conspiracy.
Coppers have been out to get us from the start.
Can't sell conspiracy.
Too vague.
Could be convincing if they knew the whole story.
(KNOCK AT DOOR) What's the mood? I think Kidd's up to something.
Are you alright? If you're gonna ask me that every moment of my waking day I didn't say it.
Must've been someone else.
Your Honour, having talked to our clients, both Mr Bronowski and myself have been instructed not to seek a discharge of this jury.
Considering the words uttered appeared to be statements of knowledge rather than bias If he screws this up I would submit that pursuing such a course in this case, a re-trial, may well have the effect of prejudicing the accused to a greater extent than if we continued.
Even with a suppression order in place, it would mean some publicity for the Hennessey family, no matter how controlled that publicity was.
And what are the chances of finding another jury that hasn't read the newspaper or watched TV? Our prison friend called.
She wouldn't mind having another conversation with us.
Good one.
What's she sound like? She was playing it cool.
But she did mention her daughter twice.
Tell her I'll talk to her when I can.
The longer she waits, the more she'll give.
JAN: You sound like a training manual.
If she's Mal's mattress protector, she won't scare easy.
Alright.
You can buy me a drink later.
Right.
Cheers.
He's made his ruling.
We are going ahead.
So just just be ready for anything.
Alright.
Witness, you have already been sworn.
You are still on oath.
Was this operation an important job for you? Every job's important.
Let me ask you this - did you and your team have a briefing at the headquarters the morning of the taping? Yes.
And which of your superiors attended that briefing? Several.
Senior Sergeant Faithful? Yes.
Inspector Ball? Yes.
There's nothing unusual about that? No.
Chief Inspector Turner? Yes.
Is it normal for a chief inspector to attend a briefing like this? Not really.
What did he say? Just that he wanted the job done properly.
Did he say he didn't want anyone to do anything that was outside of their operational orders? As far as I recall, he said that, yes.
In other words, he was concerned that his men might be emotionally affected and take the law into their own hands? True? The witness isn't a mind-reader! Yes.
I won't pursue it.
From the time that you joined the Tactical Response Squad, your job has been to gather information on my client and his family.
True? Yes.
Why were they targeted? I'm just a detective.
I take orders.
What explanation was given to you as to why this family had been singled out? They were suspected of dealing in heroin.
Was it common knowledge that my client had a history of criminal behaviour? You really want me to answer that? Uh Members of the jury, by now you'd be aware that the two accused men have a previous history as far as the police are concerned.
Normally, this background wouldn't be introduced, but a situation has arisen whereby this prior history may be mentioned.
Whatever's happened in the past has nothing to do with the facts of what's being presented now.
Mr Kidd.
Did your superiors mention that two months before they were targeted these two men and Steven Hennessey's brother Malcolm Hennessey were acquitted of the murder of police officers during a bank robbery? It was mentioned, but not as a reason for targeting them.
When the Hennessey brothers and their de facto brother-in-law were acquitted of this killing, was your reaction one of certain disappointment? Something like that.
Were you angered? Not particularly.
Well, you believed that they were guilty? Your Honour! That's not what the jury decided.
Is it your belief the jury was in error? Doesn't matter what my belief is.
The jury acquitted them.
Do you think that the law worked properly in this case? The law is not infallible, Mr Kidd.
Two months ago, in the Magistrates' Court, a charge against you of intentionally causing injury to a nightclub bouncer was dismissed.
Was the law fallible then? It was correct in that case.
I was innocent.
My client was innocent too.
He was acquitted by a jury of his peers.
It just seems, Mr Finlay, that you and your colleagues have trouble accepting that fact.
And I'd suggest, Mr Finlay, throughout the whole course of this investigation that you have been driven by a motivation of blatant revenge.
Is that hitting the nail on the head? No! I suggest the police set out to frame my client for totally unrelated crimes.
Rubbish! And you know it.
Sandy, you're not in a strong position to bargain here.
I expect you to be up-front with us, tell us the truth, and then we'll do what we can to help you.
But if you lie to us you're on your own.
What about Mal? If you can't keep him away from me, why am I bothering? If we can get you into witness protection, we'll assure you of your safety.
JAN: You'll be far away from Mal and he'll never know where you are.
And the perjury? Tell me why you said what you did, we might be able to help you.
PETER: I can't be sure until I know the full story.
You know what he's like! You know why I said it.
When he tells me we were together at my place all night, right, what am I supposed to say - no? He would've killed me.
Isn't that worth an indemnity? I understand what you're saying, and I could promise you the world right now.
But I don't want us to start lying to each other.
Now, we've also got your daughter to consider.
Pretty one-sided, isn't it? I tell you all I know and hope you don't screw me.
PETER: I'm not gonna argue with that.
But it's the way it's got to be.
Mal got cut and he went berko.
We couldn't stop him.
No-one can when he's like that.
Is this the night of Patrick Clancy's death? I, uh I can't remember what the argument was about.
Mal started jabbing Pat in the face with a broken glass You think that's funny, Clancy? You laughing at me, eh? And then he had a gun - I don't know where it come from - a pistol.
SANDY: He started shooting.
(Turns on stereo) (Shoots) Pat still wasn't dead.
Still had three or four bullets and So Mal goes closer.
And he fires a shot into the back of his head and He goes limp.
(Fires gun) Then I see his eyes, and they're not alive anymore.
Know what he said to me? "Start cleaning up the blood.
" (Speaks inaudibly) When it comes down to it, I was a fool.
Whatever you reckon, Finnie.
Look! Noddy's agreeing.
You know my history, mate.
I don't agree with anyone.
So it was one of those valuable learning experiences, right? I found out the hard way.
There's three things you should have learnt.
When you're pissed, don't make any sense.
That's first.
Pay that.
Number two - when you're in the witness box Don't lead with your jaw.
Absolutely.
Trying to think of what number three would be.
Never trust a lawyer, mate.