All language subtitles for Black And White (2002)_en

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- Forget it?

If you'd ever had
the chains on you,

you'd never forget it.

Who are these?

- There's somebody missing!

We want as many men as possible.

- Come on!

Mary!

- Mary!

- Mary!

Found her!

She's here!

- We found her.

- No, no!
- Stop!

- Are you Max Stuart?

- No, not me, boss.

- Hey, you.

Are you Max Stuart?

What are you doin' hidin' there?

- I'm not hidin'!
- Get him!

- Come on.

- Get in you black mongrel.

- “I went down to the beach.

I saw this little girl.

I was pretty full then.

She was in the water, playing.“

I got them.

- Put some sand out the back.

This is the fella that
murdered that little girl.

I want ya to tell us whether

his footsteps are
the same as the ones

we showed ya near the cave.

Well?

Look, we know he's
not one of your mob.

This abo's from out of town.

- Come on!

- That's him.

- Where's my bloody will?

- The will.

- I told you I'd be here
to get it, now where is it?

I've been in here
three times to get it.

You've lost it
again, haven't ya?

I haven't lost it.

- Hello, O'Sullivan & Devaney.

No, he's a bit busy
at the moment.

Can I take a message?

I'm his partner.

- This is my wife's
Christmas present.

- A will?

What better way
to show your wife you love her?

- Indeed, Mr. King.

If I were your wife I'd
want that will signed

as soon as possible.

- I shoulda known.

You gotta pay good
money to get a good lawyer.

- You've won the lottery.

- Ah, Jesus.

- Dave, your brilliance doesn't
extend to your papennork.

I told you before, let me
deal with the fiddly stuff.

So, what is it?

Car thieves, neighbour dispute?

- Black fella accused of raping

and killing a
nine-year-old white girl.

- I didn't read about that.

- Didn't happen
here in Adelaide,

it happened in ceduna.

That's the last town before
the west Australian border.

- That's great.

This is a copy of
your confession.

Are these your words?

- Suppose so.

I can't read and write.

- You can't read or write?

Did they read it back to you?

And you signed it?

- They told me to sign
'em, so I signed 'em.

- Did you say you're innocent?

Did you have any representation?

Was anyone with you?

- No, only six policeman there.

- Six policeman?

It's been calculated that
the murder happened

between six and
12 Saturday night.

Do you understand that?

Now, do you have any
witnesses for that time?

- Witnesses?

- Witnesses, people who
saw you on Saturday night.

- Been drinking.

Coupla blokes along the beach.

- So you were drinking with them

all night between six and 12?

- No, I then stopped
at nine, nine o'clock.

- Look, Max, this
is very important.

Do you have any
witnesses for the time

between nine and
12 Saturday night?

- No.

I been in here.

Policemen been locked
me up for bein' drunk.

- Between nine and 12?

- Hm.

Well, Max, if you were in here,

you couldn't possibly
have killed her.

Now, Dr. Thompson,
you said in your report

that after examining
the body of the victim

you estimate she
was killed between six

and 12 Saturday night.

- No, she was killed
between noon and six P.M.

- That's not what
you said in this report.

- After I spoke to the police
pathologist in Melbourne

I decided to reexamine the body,

and I found that one of the
wounds had maggots in it.

- And?

- Well, blowflies don't
strike after sunset.

- Don't you think it
rather incompetent

not to have noticed this before?

Mr. O'Sullivan.

- Did you know
my client was in jail

between nine and 12
on the Saturday night

when you made
your first examination?

- No.

- But you were aware of that
before you changed your mind?

- Yes, I was.

But hearing that he was in jail

and the revision
of my original data

had nothing to do
with one another.

- Oh, I'm sure.

- Mr. O'Sullivan,
Dr. Thompson is an expert

in forensic medicine.

- Expert?

Is she gonna change the times

of the murder
again to next week?

- I can remember
when city lawyers

had much better
manners than you.

All that Dr. Thompson has done

is to have had the
honesty to change

her original findings when
she re-examined the body.

- But that honesty
has given my client

and myself no time to talk about

his whereabouts
from noon till six.

- If this hearing goes to
trial, you will have the time.

- Now, Max, we have
to account for the hours

between two and four o'clock.

You got a taxi from
the general store

with that boy, Allan
moir, at one o'clock, right?

- Yeah.

Then you go to the funfair,

dropped off moira and go
to thevenard to have a drink.

- Thevenard, eh?

- Why didn't you go for a drink

to the ceduna hotel
when it's closer?

- Ceduna hotel
don't like black fellas.

They don't like
black fellas drinking there?

Yeah.

So you tell the taxi driver

to pick you up in
half an hour's time.

You have a drink at
the thevenard hotel,

and the taxi driver
doesn't turn up,

so you have to walk
back to the funfair?

Yeah.

- So you walked past the place

where Mary hattam was killed?

- Yeah, and I never
seen anything.

- You seen nothin'?

- Yeah.

- So you were back at
the funfair by two o'clock?

Yeah.

- How'd you know
it was two o'clock?

- Come win a prize.

Win a prize for the girl.

I start at two o'clock.

I get back there before I start.

- Max, why did you
sign the confession

that you killed the little girl?

Don't know.

- Thanks.

God, he drank a lot that day.

He's a half-cast,

for most of them
it's a way of life.

- Now. If he were back at
the funfair by two o'clock,

and the prosecution now says

she was murdered between
2:30 and four, he has an alibi.

Maybe the owners of the
funfair can vouch for him.

- The geiseman's?

Disappeared.

- What do you mean?

- We're not talking
a three ring circus.

It's a pathetic little funfair.

It's vanished into thin air.

Some people think
they're in queensland,

others say the
northern territory.

Police can't find them.

- Don't wanna find 'em.

We should find 'em, we
should track them down.

- We haven't got the
money nor the time.

Who's to say they'd
corroborate Stuart's alibi?

Let's change our plea.

- To what?

- At least if we plead
diminished responsibility

he won't hang.

He was drunk, he didn't
know what he was doing.

- People saw him at the
funfair at the time of the murder.

- Chamberlain will have
witnesses to say the opposite.

No one can agree on the times.

Forget it, it's a dead end.

- You think he did it.

- That's beside the point.

We have no defence.

Why didn't you take any casts

of the footprints on the beach?

- They weren't defined enough.

- So really, you had
no evidence against

my client before the
interrogation began?

- I suppose not.

- It was constable witrod
who typed out what was said.

- Yes.
- Word for word?

- Yes.

- Max Stuart dictated every part

of the confession without
any prompting, just like that?

- Well, once sergeant
Turner told him

the black trackers
would recognise his tracks,

he knew we had him cold.

- Tracks that nobody took a
cast of or even photographed?

Trackers who were
told he was guilty

before they'd even
looked at his footprints?

- Your honour,
this kind of rhetoric

is no substitute for
actual statements.

- Mr. O'Sullivan,
Mr. Chamberlain is right

as you jolly well know.

- Two hours seems
an incredibly short time

to get a confession out of a man

who doesn't speak
very good English.

What did you have to
do, beat it out of him?

- Your honour, we seem
to have progressed now

from rather clumsy
rhetorical questions

to serious allegations
against a police officer.

- This is not a rhetorical
question, your honour.

This is one I feel
needs to be answered.

- Constable Jones,

would you answer
Mr. O'Sullivan's question?

- Of course we didn't
beat it out of him.

- No, I suppose the six of
you sat around politely asking

him if he'd like to confess.

- Mr. O'Sullivan, are you asking

a question or being
sarcastic for effect?

- What I'm saying is
quite simple, your honour.

The police beat the
confession out of my client.

- Your honour, if
my learned friend

is going to continue to allege

that the defendant was
assaulted while in police custody,

it is incumbent on
him to call witnesses.

These are serious charges
and I request an adjournment.

- We'll adjourn for today

and resume tomorrow
morning at the same time.

You two gentlemen can
join me in my chambers

at nine o'clock.

- What the hell was that about?

- Did you see the
way he looked at me

when I asked that question?

They beat the confession
out of Max, I know it.

- Max has told us no such thing.

- Now, Max, I want you
to listen very carefully.

Did the police beat the
confession out of you?

Did they beat the
confession out of you, Max?

Yeah.

- Why didn't you tell us before?

- I'm a black fella.

You gonna believe me?

- We believe you.

No, we believe you, Max.

What did they do?

- They put their hand
around my throat.

- They tried to choke you?

- Yeah.

What else?

- They took me clothes.

- You were naked?

- They took me clothes and
cut me hair with a razor blade.

- Wait a minute, I'm just
trying to follow this, Max.

Where did the razor
blade come from?

- In me pocket.

- Why'd you have razor
blades in your pocket?

- They not mine.

Fella Allan, he
borrowed my coat.

He been ieavin' 'em.

- I see.

What happened then?

- They cut my hair.

They was laughing.

- Why did they cut your
hair with the razor blade?

- To say they
wanted big evidence.

- What happened next?

- They put that razor
blade on my throat,

and they threatened
to skin me alive

if I didn't tell 'em what
they wanted me to say.

- You don't believe
that story do you?

- The judge will
have to tell the jury

that Stuart's guilt
stands or falls

on the confession alone,

'cause there's nothing
else to convict him.

Any question
about it, he'll walk.

- The jury's going to
believe the confession is true.

- You know how
they got it out of him.

- Dave, that defence rests

on Max's version
of what happened.

We have no one
to support his story.

- Look, this is
how I think it went.

The murder happened on Saturday.

The police are at
a loss on Sunday

till they get their black
trackers down to the scene.

Now they say the
footprints are those

of an aborigine
from out of town.

Police are on a
high. Max fits the bill.

Doesn't belong to the place.

They pile in a couple cars
and head for thevenard

a couple miles away.

The police think Max is hiding.

All he's done is go for a leak,

but they don't care.

For certain they've
got their man.

- What are you
doin' hidin' there?

What have we got here?

Jeez.

Sharp.

Man could hurt himself
if he wasn't careful.

They're so sure
they have the right man.

They want that confession
as soon as possible.

- You ever been skinned alive?

- No, boss.

- You got hair like
a fuckin' golliwog.

I need a hair sample.

Now, Max. I want you
to tell us what you know.

- I been working in funfair.

Ain't never seen no little girl.

- Max, I really
don't have the time.

What you're telling
me is bullshit.

- No, boss.

- You've gone to seed, Max.

Used to be boxer, didn't ya?

Look what the fuckin'
piss has done to ya.

- Now, I want you to
tell me the truth, Max.

- What'd you ask me to say?

- How you killed the girl.

- I never seen a little girl.

- Crikey, Walker.

Don't do him in right
now, I want him to speak.

- I ain't never killed
that little girl, boss.

- Look, you've been giving
us the run around for an hour,

and I've let you get away
with far more than I should've.

Jonesy.

- No, boss, no, boss!

If Max wasn't
scared before, he was now.

No, boss, no!

He had a real
fear that if he didn't tell

them what they needed to
hear, - I never seen a little girl.

They'd kill him.

- The great thing about
you being black, Max,

it's very hard to see bruises.

Just as it's very hard
to see the scratch marks

where that little girl
struggled to save her life.

- No.

- Let's have a confession, Max.

Let's start from the beginning.

- “I Rupert Max
Stuart, age 27 years,

labourer of Alice Springs,

having been warned by
detective sergeant Turner

that I need not
make this statement

do so voluntarily without fear.“

Max realised he would have

- to tell them what they wanted.
- “ Of any nature,

state the following.“

- well, Max, start.

I been born-

- We're not fucking interested
in the story of your life.

You came to ceduna on Friday

the 19th of December,
1958, didn't you?

- I been to ceduna-

- I came to ceduna.

Now pay fuckin' attention, Max!

- Yes, boss.

I came to ceduna on Friday
19th of December, 1958.

- Perfect.

Now, who did ya work for?

Geiseman.

Funfair.

And so, for the next hour,

- geiseman.
- Afraid for his life,

Max tells them exactly
what they wanna hear.

- You understand
that we'll be arguing

that six policeman beat
a confession out of Max?

- Of course I do.

- You understand
that in this town,

the cops are second only to god?

And you know
who god is, a judge.

They won't listen to you.

- Helen-

- you saw the public gallery.

Nobody cares about him.

- But we do.

White with one.

- Thank you, John.

- I apologise, your honour.

-Ah, Mr. O'Sullivan,
tea or coffee?

- Black is fine.

Tea or coffee?

- Tea, whatever.

- Do you really intend to
proceed with this defence?

If I were in your position,

I'd be entering
a plea of guilty.

- If he pleads guilty in
this state, he's gonna hang.

Also, the prosecution
have no evidence except

for the confession, and I
believe the police made that up.

- What do you mean
the police made it up?

- I find it incredible
to believe

that two policeman made
up the story, let alone six.

- My client says the police
beat the confession out of him.

- Roderic?

- I spoke to them last
night, they all deny it.

- Of course they do.

- Do you seriously
wish to alienate the jury?

- It's my defence.

- Are you trying to
get run out of town?

- Look. The jury is going

to see six policeman one
at a time take that stand

and deny what
you are suggesting,

and they will be believed.

- Shouldn't we leave
that up to the jury?

- Mr. O'Sullivan, you're
on a hiding to nothing.

- No, I think it's my
client that got the hidin'.

- Well, obviously there's
no more to be said.

See you in court.

- Fine.

Why were there six
policeman present

during the interrogation
when it's normal procedure

to have only two?

- They were all
interested in the case.

- And why did you ask
my client to undress?

- So we could search him.

- So, he was totally naked
during the interrogation?

- Yes.

- Is that normal police practise

to question people
when they're naked?

Or is only when you're
questioning aborigines?

Objection, your honour.

- Mr. O'Sullivan.

- When you searched my client,

did ya find some razor
blades in his pocket?

- Yes.

I put them on the table
with everything else.

- And when you first
examined the body of the victim,

you found a hair in each hand?

- Yes.

I collected the hairs
because I thought

it might be a vital clue.

- You thought it might
be a possible lead.

Sufficiently so.

Did you take a tuft of
hair from my client's head,

and use the razor
blades to do so?

- Yes.

- That's strange.

There's no mention
of hairs or razor blades

in any part of your report.

What was the results of the
forensic analysis on the hair?

- It was inconclusive.

- Inconclusive?

It showed that they were black.

Did you at any time
threaten him with that blade?

- I only cut his hair.

- Did you threaten him?

- Your honour,
detective sergeant Turner

has already
answered the question.

Mr. O'Sullivan.

- I have no further
questions, your honour.

- The court will take
a 30 minute recess.

All stand.

- Every single cop is gonna
make life hard for us now.

- Chamberlain's gonna
crucify Max on the stand.

- That's if we let him give
evidence from the witness box.

He could make an UN-sworn
statement from the dock.

But then the jury might think

he's too scared
to give evidence.

- It's a risk we're
gonna have to take.

The problem is he
won't be able to read it.

So, Max, tell us
in your own words

what you'd like to say.

- Me don't read or write.

I never been school.

How 'bout someone
read 'em for me?

- Your honour, I object.

- My client is illiterate.

He's unable to read his
own sworn statement.

I request that someone
read it out for him.

- Your honour, the statement
which the defendant wishes

to be read on his behalf

contains charges
of criminal assault,

not to mention the implication

of conspiracy to commit
perjury by six police officers.

Now, to allow such charges
to be made in this way

does not permit them to be
tested by cross examination.

- This is a crucial part
of my client's defence.

He wants the jury
to hear his account

of what happened that day.

If not, he's not being
given a fair trial.

- Mr. O'Sullivan, your
client is getting a fair trial,

which is why I cannot
exceed to his request

to have someone else
read his statement to the jury.

- Just someone to
read it out for him.

- Your honour has already ruled

most properly on the subject.

Besides, making an
UN-sworn statement

is tantamount to the
defendant saying that he's guilty.

- Your honour, I must protest.

- Mr. Chamberlain, you've
been a prosecutor long enough

to know that what
you said is wrong.

I wouldn't have thought a man

of your experience would
resort to such a cheap trick.

- Your honour.

- Please disregard
Mr. Chamberlain's comments.

Mr. Stuart, you will need to
tell the court what happened.

- I did not kill little
girl. I did not kill her.

Police beat me, choke me.

What did he say?

- He didn't kill the girl.

The police choked
him and he gave

them the confession
that they wanted to hear.

- Your honour, these are
not the defendant's words.

- The police
assaulted my client.

- It really is inexcusable
- in fact they skinned him

- to allow this kind of thing.
- Alive with a blade,

and he said yes to anything.

- Rubbish!

Utter rubbish.

Gentlemen of the jury,

you are unanimously
agreed on your verdict?

We are.

Do you find

the accused
guilty or not guilty?

- Guilty.

And that
if the verdict of you all?

- Yes.

- Rupert Maxwell Stuart.

You have been found
guilty of the crime of murder

of Mary olive hattam.

It is my painful duty to order

that you be taken
from this place

to the place from
whence you came,

and there to be hanged by
the neck until you are dead.

May god have mercy on your soul.

- Aren't you angry, Max?
- About what they've done?

- No.

I always thought
that bein' half-cast

would make me life easier.

You know, Mr. O'Sullivan.

I got some white
fella blood in my veins,

but white fellas
don't except me.

So, my own people
didn't like me neither.

That's why I joined Jimmy
sharman boxing crew.

I was a good boxer,
Mr. O'Sullivan.

- Is that so?

- Went travelling
everywhere with that mob.

I never lose a fight,
always get all the girls.

I see cities for the first time.

I sawjungles up north.

You know, I see a
elephant in the zoo one time.

Oh, he was a mean bugger.

Yeah.

You know what else
I see, Mr. O'Sullivan?

- No.

- The sea.

I'm from desert.

I had my mouth wide open.

Everywhere. Water, water, water.

Yeah.

- Why didn't you stick
to the boxing, Max?

- Mr. Sharman say I got
it in me to be a champ.

- Why didn't ya?

- Booze, Mr. O'Sullivan.

Drinkin' and boxin' don't mix.

But I like travelling.

That's why I end up with
the geiseman funfair.

Just a half-cast drunk.

So, this where I end up, eh?

Some bloke lucky.

- How do you mean, Max?

- Some bloke lucky,
bloke who done this.

- Very well done, roderic.

Oh, thank you, Charles.

- He's an appauling
piece of work.

- Yep, but he'll hang for it.

- I meant O'Sullivan.

- I'm grateful to ya for keepin'

me outta jail after
that car crash.

- You're very
lucky, Mr. Karskens,

you were drunk after all.

You're meant to be
away this weekend.

Remember karskens?

- We're going to
appeal to the high court.

On what grounds?

- The police beat the
confession out of him.

- The jury ruled they didn't.

The high court
isn't gonna hear you

just because you
disagree with the verdict.

- He was wrong
in not allowing me

to read out Max's
UN-sworn statement.

- The high court will
agree with justice Reed.

Dave, it stops here.

- Helen, he's gonna hang.

There must be some
grounds for appeal.

- There's nothing we can do.

- Why are you so
bloody negative?

- Why don't you
bloody listen to reason?

- You know, you two
are sounding more

and more like a married couple.

- What are you doing here?

- Well, I wouldn't mind you
handling another case for me.

- Not at the moment.

- I know you're a cop hater
but I'm bringing you money.

- I do not hate the police.

- Well, you certainly had a
very funny attitude towards

them when you were
defending that abo.

- Get to the point.

- The police forced me to
resign after I had the accident.

I got a fair few financial
problems at the moment.

I got a lot of outgoings
and not much coming in.

So, I want you two to
take my ex-wife to court

and have the alimony
payments halved.

- Money.

- Maybe some other
firm could handle this.

- Look, I'm not
the bad guy here.

She's got her boyfriend
'round there all the time.

- We'll take it on.

- Thank you.

- At least your partner's
got some sense,

and by the way that abo
hasn't got a hope in hell.

- Karskens, those
policemen that arrested Max.

Do you know them?

- You know what's wrong
with your defence, O'Sullivan?

Those cops probably
beat the confession

out of that nigger only
because they knew he did it.

- Sorry, Max, the
boss has to know

what you want
for your last meal.

Steak maybe?

Everybody likes steak.

Now, I know you're
not a catholic, Max,

but this is the best religious
person we could come up with.

- Hello, Max.

He didn't kill that
girl, you know?

- Well, that's
great father Dixon,

but it won't stop
him from hanging.

- And I'm not a naive
man, Mr. O'Sullivan,

takes a lot to convince
me about the truth of things.

See, I speak arrernte,
that's Max's first language.

As a priest I've spent a
lot of time with his people.

And I spoke with Max
today in the arrernte dialect

and he told me he was innocent.

- Father, it means
nothing in court.

He could say he's
innocent in 500 languages

and it would still mean nothing.

- Yes, I'm sure that true.

I don't doubt what you say,

but as I said, I spent
a lot of my life working

with aborigine's and I've met

a lot of men like Max whose
second language is English,

and what I'm tryin' to tell ya

is that there's no way
that somebody like Max

coulda made that confession.

- Why not?

- Well you see, when a
arrernte man speaks English,

he mixes up his arrernte
sentence construction

with his English
sentence construction.

So, the more often than not,

their English sounds
like a real pea soup.

- What are you
saying exactly, father?

- Well, what I'm saying
is that the actual words

in that statement
aren't Stuart's.

- Are you an expert
in linguistics, father?

- Oh no, no, I'm not an expert.

I'm a bit of an amateur really.

- I'm afraid no one's interested

in the opinion of an amateur.

- But I do know the
world's expert on arrernte,

and he'll confirm what I say.

At least I think so.

- You think so?

- Unfortunately, he
couldn't be here for the trial.

He only got back from
Europe a couple of days ago.

- Where is he now?

- Well, he's here,
right here in Adelaide.

- Yeah.

- So what do you think?

- There is word in
German, Mr. O'Sullivan,

is called, scheisse... shit.

For example, an
aboriginal certainly

wouldn't say such phrases as,

“the funfair was situated
at the ceduna oval, “

or words like, unconscious.

These words and sentences,

are absolutely implausible.

This confession is shit.

- So you'll be spending
the night with the prisoner?

- He wants me to.

He would've preferred
to have been confirmed

but it's too late now.

- Now listen, Max.

I know I don't
have much time left.

This is Dr. Strehlow.

He's studied and
lived with your people.

I don't wanna mess
ya around, Max.

I don't want ya to
mess around with me.

Did ya have sex
with the little girl?

Did you kill her?

All right, all right,
that's good, that's good.

But Max, I believe ya.

I do.

Now listen, listen to me.

You're leaving
the thevenard hotel,

you're going towards
the funfair in ceduna.

Now, do you understand?

Now, you tell me the truth.

- Four pound.

Funfair.

- Well, he's changed
his testimony.

- Max claims he paid four pounds

to an aboriginal waitress
at the thevenard hotel

to have sex with him before
he went back to the funfair.

- Max, you told us
you went for a drink.

Why didn't you
tell us this before?

- Shame.

What?

- If he just had sex with
a waitress at the hotel

then why is he gonna go and
rape the child 30 minutes later?

As a final point of appeal,

please find attached to this
application for postponement

of execution of Max Stuart,

an affidavit from
professor strehlow,

regarding the authenticity
of Stuart's confession.

This in itself is grounds
for appeal to the high court.

- Hello, Norma?

It's Helen Devaney.

You're working late.

We have something important
to drop off to justice Reed.

I see.

He's away for the weekend.

Norma, you couldn't let me
have that address could you?

I'm afraid it's urgent.

Now Max.

This is it.

Come on, mate.

- I'm scared, father.

- Of course you are.

Hey.

You're a strong fella.

The arrernte people you
come from. Strong people.

They know how to die.

- If this be my last walk,

let me do it right.

- What is it, Dawson?

- O'Sullivan's going
to the high court.

- What for?

It's absolutely futile.

All he's doing is prolonging
that aboriginal's agony.

- Yes, I heard about him
when he was in law school.

He thinks the underdogs

get a raw deal in
the judicial system.

- He's merely trying to
make a name for himself.

Never underestimate
a lawyer's ego.

- Now, what I can't understand

is why the high court
would even hear this appeal.

- Because Stuart
is an aboriginal.

So even though he's scum,

he's part of a vanishing race.

It's one of society's
few gestures

of kindness toward
people whose way

of life we have destroyed.

But you know,
when I look at Stuart

I don't see a man
with a black skin.

I see a man with a black heart.

See yourself out,
Dawson, will you?

Yes, sir.

- And how were the ladies today?

- Soon we will have
collected enough money

to build a new
wing at the hospital.

So, it's not just gossip
and ladies who lunch.

The ladies were
talking about you.

- There's no way the high court

is going to take
O'Sullivan seriously.

- I wasn't talking
about the Stuart case.

I heard that it looks like

you will be the
next chief justice.

Have you known about
this for some time?

One of these days, roderic,

you should let
me into your life.

Remember, I share it.

- How my client
could've composed

without any outside assistance

such a first class
legal document

to ensure his own destruction

is beyond human understanding.

For an illiterate person,

it would mean he'd have
to be born a legal genius.

- Your honours, there
is ample evidence

to suggest that Stuart's
command of English

is more than adequate.

- Mr. Chamberlain,
you have to admit

that the import of
Mr. Strehlow's affidavit

must be of some concern.

Particularly when
constable Jones

has sworn the confession was
in the defendant's exact words.

I find some difficulty,
not about what was said,

but as to how it was said.

In fact, certain
features of this case

have caused some anxiety.

- May I be so bold as to
bring your honours back

to the point in my
opening remarks

as strehlow's evidence
has come fonlvard too late.

This court has no jurisdiction

to entertain an appeal on
the grounds of new evidence.

- If the law cannot
change with society,

then surly it's in danger
of jeopardising that

which it holds above
everything else, justice.

- Because you have a man
whom you regard as illiterate,

and incapable of
expressing himself,

you want a special
system of justice for him.

Well, you're just going to
have to make do with this one.

We cannot retry the case.

New evidence is not the
business of the high court.

- “He who keepeth his
mouth shut keepeth his life.

He that openeth wide his
lips shall have destruction.“

- so, what's that
supposed to mean?

- Oh, it's his victory speech.

- We lost the appeal.

- So they're gonna
hang me again?

- Max,

these people,

they, they, they don't...

- I'm a long way from home.

Maybe I go home
when they kill me.

How's Max coping
with it all do you think?

- I don't think he
has much faith left

in the white man's law.

- There's nothing more
you could have done.

I think we should
get out of this town.

- You do?
- May we sit down?

I'm Rupert Murdoch,
I own “the news.“

this is Rohan rivett, my editor,

and you are of course,
Mr. O'Sullivan and Ms. Devaney.

Now, are first names all right?

This Max Stuart thing,

they're gonna hang an
innocent man aren't they?

- I believe so.

- Rupert and I were
talking about the judgement

the high court has
just handed down,

and one phrase stuck like
a fish bone in our throat.

“Certain features of this case
have caused some anxiety.“

- now, why would
they say that, Dave?

- They know that Max couldn't
have dictated the confession.

- But they wouldn't accept
your grounds for appeal?

Now, look,

the judicial system in this
country's not only antiquated,

it's against the
poor and the people

who can't defend themselves.

- We like it when
people talk like that.

- Our crusade is to drag
Adelaide into the 20th century.

I mean, someone's gotta get hold

of the establishment
and give it a good shake.

- That's what I'm
gonna do. My newspaper

is gonna defend
Max with all its might.

- Now, we'll need your help-

- wait a minute, defend him?

Defend him from what?

- From hanging of course.

- You can't stop
him from hanging.

- We believe that a true
Australian sense of justice

demands that the guilt of a man

be established beyond even
the most slender of doubts.

- In south Australia,

if a man kills he dies for it.

- This is also a fight
against capital punishment.

We don't wanna see any man hang.

- Helen, I know that you
understand the power of the press.

Perhaps you think I'm
a boy in short pants,

but the one chance that you have

in saving Max's life is for my
newspaper to kick up a stink.

So, no matter what
you think of me,

think that my newspaper
can help save Max's life.

- I want you to
understand that that man

will hang in three weeks.

- There is no other
Avenue of appeal?

- Not unless we go
to the privy council,

the highest court in the
British commonwealth.

Only once in a blue
moon do they condescend

to hear an appeal.

- So it is possible?

- First off, where would we get

the money for an appeal
to the privy council?

Gentlemen, we're broke.

We've been through three
court cases and lost each one.

The people in this town hate us.

As far as they're concerned,

we're the abo-loving
duo who's saying

the police force and
corrupt and violent

and the justice system
is protecting them.

- Yes, but we're gonna
defeat the system

by using our newspaper

and by you two going
to the privy council.

- This priest is certainly
good human value in all this.

Now, without him you wouldn't

have got to strehlow.

- Excuse me.

Helen, Helen, why
don't we give it a try?

- No.

The privy council is for
experienced barristers and q05.

We're just solicitors.

We can't do it.

- Helen, if we don't
do this, who will?

Here he comes.

Hey father,
father, look over here.

- Father Dixon.

I'm Rohan rivett from
the “Adelaide news.“

- hello.

- You have grave doubts about
Max Stuart's guilt, don't you?

- Indeed I do.

- I don't know why we celebrate
Australia day on January 26.

After all, all it is
is the celebration

of the arrival of some
convicts in new south wales.

Adelaide was not
founded by convicts.

- Some of our Adelaide
ancestors made up for lost time.

- I'm waiting for the
announcement, roderic,

of your becoming
our next chief justice.

- I don't know
anything about that.

- Oh, roderic,
don't be so silly.

- Why do you imagine, roderic,

“the news“ is making such
a fuss about this awful abo?

- I wouldn't know,
I never read it.

Personally, I only ever
buy “the advertiser."

Are you helping to
swell the circulation

of Mr. Murdoch's newspapers?

- There's nothing wrong
with reading “the news.“

- okay.

Excuse me.

The only
people who read “the news“

are those who move
their lips when they read.

- Roderic is a little
more tense than usual.

The premier still
hasn't made up his mind

about the chief
justice position.

I thought you'd like to see it.

- A kraut defending an abo.

Well, that's news.

God preserve me from a
newspaper proprietor's son

with too much time
and money on his hands.

Throw it out.

I don't want that
rag in the house.

I've also just
learnt something else,

Mr. Chamberlain.

- Here we are, stirring
up a hornet's nest

and “the advertiser" has
got a small item on page five.

- Listen, I've been
thinking we should

give O'Sullivan some money.

Othenlvise he's not gonna
get the weight to fight this case.

Well, what do you think?

- Rohan. We'll hold
a public subscription.

Let's get the public
excited about this case.

- Yeah, but if they don't get
enough money to sponsor him,

then a man'll die.

- Then a man will die.

- Yes, prime minister,

I have read the
national newspapers.

No, I must protest,
this is a state matter,

not a federal matter.

It's gonna sort itself
out very quickly.

My crown prosecutor's
got everything under control.

Thank you, prime minister.

What's going on, roderic?

The federal government
interfering with state politics

for the first time since
I've been premier.

For 20 years not
one federal minister

has ever dared
tell me what to do.

- “The news“ has whipped
up this hysteria, sir.

- I don't know why
people pay attention

to such muckrakers.

Now they're accusing the
policeman of lying under oath.

- All that's easy to stop.

We get the police to
threaten to sue Murdoch

and rivett for defamation.

- If we lose faith
in the police force,

we've lost faith in justice.

Now the damn leader
of the opposition

is calling for a
stay of execution.

- That's already been given.

It's been confirmed
that O'Sullivan

can appeal to the privy council.

So, a stay of execution
is given automatically.

- I thought the first case

was gonna be the
end of this matter.

Why all these appeals?

These stays of execution?

- It's this O'Sullivan fellow,

he just doesn't know
when to give up.

- I'm not an educated
man, roderic,

but it seems to me that someone

who potentially who
could be chief justice

should be able to
deal with such a pest.

- Listen, I'm curious.

- Why is Murdoch doin' all this?

- Well, as you know his father
made his money on newspapers.

“The news“ is
Rupert's inheritance.

He wants everyone to notice it,

and he believes in this cause.

Ah, he's like a son to me.

He'll never let ya down.

- You know, father,
this scandal rag

is making a proper fool of you.

- Well, they can say
whatever they like

if it'll save the man's life.

- When they make a fool of you,

they make a fool of
the catholic church.

- Your grace, I
have complete faith

that if I can find this funfair

they'll confirm Stuart's alibi

that he was with them
when the little girl died.

- Do you know
where the funfair is?

- Somewhere in
northern queensland.

- Do you know how big
northern queensland is?

- Yes, your grace, but
the newspaper's prepared

to give me money to find them.

- You don't even know
if these funfair people

will confirm Stuart's story.

No, I can't let you go.

I don't want to
see you constantly

on the front page of that rag,

not our church.

- Please your grace, let me go.

The man'll die.

- Get up, get up.

- I won't get up until you
give me permission to go.

Now I know what the prisoners

must feel like on their
way to the guillotine.

- I'm curious.

Why do you drink so much?

- Jesus Christ.

Makes me feel good.

Impregnable.

Got me through university.

Do you know what it's like to be

the only woman in
a lecture hall filled

with men who want you to fail?

A couple of drinks and I
got an ego as big as a man's.

- Sure.

- Oh!

- Not for me, thanks.

- I didn't know you got
free drinks in economy.

A
Gentlemen in first class is paying.

- Excuse me.

- No thank you.

- I know what
you're trying to do.

- I heard that your
partner's personality blooms

with a little alcohol.

- You know, you
strike me as the type

who would enjoy
pullin' the wings off flies.

- Ah, Mr. Rivett, hi.
- Yeah.

- I'm ed montale, I'm the
stringer from “the news.“

- oh, good on ya, yeah.

- This is father Dixon.
- Hi, nice to meet you.

- How do you do?

- The funfair's gone.

- You said they were in cairns.

- Yeah, well,
they've pissed off.

Excuse my French,
but some fella said

they're headin'
towards Atherton.

- Atherton?

That's the middle of nowhere.

- Yeah, thereabout.

Don't you lot pray to god

or something in
situations like this?

- Think we might have to.

- Yeah, we're not going back

until we've found
the geiseman's.

- Max Stuart is a
human being caught

between the stone age
and white civilization.

His culture is not British,

but he does have his
own system of justice.

We do not ask that your
lordships try him under his system,

but surely we have
asked this of Max.

- You're not here to
instruct us, Mr. O'Sullivan.

You're here to inform us.

- The bloke back at the
service station reckons

he's headed to mount isa,

so it's gotta be on this road.

Could be a caravan.

- Can't this bloody
thing go any faster?

- Are you Mr. Geiseman?

- We contend that after
physically threatening

and beating him, he told
them what they wanted to hear.

- I cannot take what you
have just said seriously.

By undermining the
good name of the priest,

you undermine justice.

- Mr. O'Sullivan,
you are not permitted

to put before
council suggestions

about the police
contrary to what

has been accepted
by the Australian courts.

- Is his first language aranto?

- Arrernte.

- Then why didn't
you find a translator

for him at the
preliminary hearing?

- It was the outback.

There's no translator available.

- Then you should have called

for an adjournment
and found one.

A good lawyer
would have done that.

- My lords we are hopeful

of finding the owners
of the travelling show

where my client worked.

We feel they would be of
vital importance in this case.

They would establish
the whereabouts

of my client at the
time of the murder.

- But the alibi has not
been established yet?

Why wasn't this
evidence obtained before?

- They show had moved
on, we couldn't find it.

- Speak up, Mr. O'Sullivan.

- We couldn't find it.

- You couldn't find
this travelling show?

- It was a problem of distance.

No money was made
available for finding them.

When we represent a client,

the government does not have

to supply funds to defend them.

- You didn't come
here to criticise

your own government,
Mr. O'Sullivan.

What you're saying is
that you didn't search

for this funfair.

- We can only proceed upon

the material that
is before us now.

- Max Stuart is due to
be hanged on Tuesday,

and most certainly
will be unless

you Grant leave to appeal.

- Why do you say that?

- I can only speak
of some experience

of the government
of south Australia.

- Are you trying to imply
that south Australia exists

under some kind of lynched law,

whereby innocent men
are hurried to the gallows

without being
given the opportunity

to present new evidence?

If there is any substance
of this information,

your government
will surely act on it.

- A man has been
condemned to death.

An illiterate aboriginal native.

All because he
has never been able

to tell to a jury his version
of what happened that day.

Now don't you understand that?

- I think we understand

more than you
think, Mr. O'Sullivan.

- Mr. O'Sullivan, do you
have anything to add?

Do you wish to add
anything, Mr. O'Sullivan?

- I have nothing more to add.

- There is no need for you
to speak, Mr. Chamberlain.

We will make our
decision shortly, gentlemen.

They confirmed the times?

- Here's their affidavit.

- No other reporters know
that you hired the plane?

- Nah.

- Okay, we're gonna
stun everybody.

Rohan, the father Dixon
angle's developed a hitch.

- In our unanimous decision,

we find there are no
reasonable grounds for appeal.

Thank you.

This court is adjourned.

Ms. Devaney.

- Well, see where
your gallantry's got you?

You're up shit creek
without a paddle.

- So, you were right.

I didn't have the experience.

Do you know what
the worst thing is?

Chamberlain's right, too.

Every lawyer's dream to speak
in front of the privy council.

I did it out of vanity.

I should have thought more
of Max than I did of myself.

- Any other lawyer would've
given up long before this.

- What?

- Murdoch's found
the geiseman's.

They're saying that
Max was at work

the time the little
girl was killed.

- They don't
believe an aborigine,

why they gonna believe a
couple of carnival people?

- Now we have an alibi.

- It's too late.

- Now we have grounds
for a royal commission.

- Helen, I don't wanna
let Max down again.

We can't stop now.

- “English lords.“

pompous arses.

- Now, Max, this is a
request for stay of execution,

so I just need you to sign it.

- I can't, missus.

- Well, Max, you must.

Max.

- This many times.

Seven times, stop
this close to killing me.

Seven times.

I got my heart in my mouth.

Seven times I been seein'
myself finish up, dead.

Seven times is a long time.

- I know, Max.

- No, missus.

You do not know.

- Well, I don't know how
much more of this I can take

and I haven't been through
what Max has been through.

- You know that
Max is relying on you?

- Oh, yes.

By the way.

The police, they mighta
found out somethin'

about my personal life,

and they could
use it against us.

- What's this, a
friendly social call?

Are you workin' for a wife now?

I wanna know about the policeman

who arrested Max.

- Why should I help you
railroad those blokes?

The nigger did it.

- Do you enjoy workin' here?

- I need the money.

- It suits ya just fine.

- Don't bloody push me.

You gonna pay me for
informing on my friends?

- Friends?

They fired you from the force.

They don't care about you.

- A cop doesn't squeal.

- Look how you've ended up.

I've got six names.

Do you know any of them?

- Fuck me dead.

Where'd you learn handwriting?

- From a Robert Jones.

Oh, I'm sorry, miss,

you can't drink in
here, it's a men's bar.

- Do you know father Dixon?

Do you see him often?

- We're just friends.

- In the biblical sense?

- In a biblical sense.

- We're worried there might

be newspaper
publicity about this.

- Well, that's the
last thing he'd want.

I was thinking about headin'
back to Victoria anyway.

This is a dump.

- I'm not asking
you to go anywhere.

- It'll make things easier
if I went, wouldn't it?

- 21 years.

In 21 years I've never had
such an obnoxious opposition.

You know, there's only
been one demonstration

against people that
tried to cut train services,

but there was no
abuse, no shouting.

Where the hell is that
Chamberlain fellow?

- Holidaying in Hawaii.

- Hawaii?

Call him back here.

"Australia's zola,
Australia's Dreyfus."

Australia's arsehole
the more like.

That little boy publisher's
gonna pay for this.

- No, it's not gutsy enough.

What is it?

- We're being summonsed.

What for?

- Charging us
with seditious libel.

- I don't think the
general public cares

one way or the other about him.

- Yeah.
- Well,

besides Max Stuart, roderic,

you must be one of the most
famous people in Australia.

I've been following
you quite closely.

- Have you?

Is that the big
print in "the news"

or the fine print in
"the advertiser?"

- Maybe "the news"
is more honest.

- Honest?

About what?

- It's obvious the police beat

the confession out of Stuart.

I mean, "the
advertiser" pretends

things like that don't happen.

- Yes, and if they can beat
the confession out of him,

they can do it to any
one of us in this room.

- I'm sure they've
done no such thing.

- Oh, don't be so silly.

They thrashed that black man.

O'Sullivan and
Devaney will prove it.

- Prove what?

You don't know what
you're talking about.

- None of you.
- Listen-

- roderic... you know nothing.

You all live in a
kind of cocoon.

- Please... no, please,

I'm gonna tell you
what really happened.

I think you all better sit down.

- Come along, Mrs. Aston.
- Roderic, please.

- Oh, I'm sorry, roma.

I insist.

Thank you, Emily.

Right, if you're all sitting
comfortably I'll begin.

It starts with a film.

It is ceduna, the night
before Mary hattam,

nine-year-old marry
hattam, was raped and killed.

Stuart and his 15-year-old
friend, Alan moir,

had arrived in ceduna that day,

and after setting up the
funfair went to the movies.

There the drunken
Max and young moir

pestered three girls
sitting in front of them.

- Oh, you're proper pretty.

You're the most
prettiest girl I ever seen.

Max was
obviously keen on one girl

that was very attractive.

- Wanna come to the
pictures with me next week?

The girls
thought that he was creepy,

so instead of walking a mile
and a half back to thevenard,

they got a taxi.

- You proper pretty.

Max was drunk enough

to think that even though
olive hurried off in a taxi,

she was keen on him.

The next day, he and
moira drank on the beach

till about one, then decided

to head off back to the funfair.

It's between one o'clock

and half past one when
Max suddenly decides

he wants a taxi cab and gets

the owner of the general
store to call for one.

Which is a bit strange
because it's not

a long walk back to the funfair.

There is no disputing
this by anyone.

At the most it's only
three or four minutes

to the oval where
the funfair is.

Even Max agrees
that if he'd seen

the boss at the funfair,
geiseman, he would've stayed.

But it wasn't two o'clock
which was the starting time,

and he didn't feel like
lunch with the others.

What he felt like

was having sex with
the girl from the cinema.

Max asked the driver to return

in half an hour,
which would still

give him plenty
of time to get back

before two o'clock.

Half an hour.

Stuart sent word that he wanted

to meet the girl he'd meant
last night at the cinema.

He asked where olive was

and was told quite truthfully
that she wasn't there.

It was her day off.

So he continued to drink
heavily and stewed with anger.

The girl he wanted wasn't there,

and that the taxi had
not returned as promised.

He was a man who had
wasted money on a taxi

and had not had the
sex he was expecting

and was now forced to
walk back in the boiling heat.

She was a female.

She was wearing
only a bathing suit,

and he was drunk and angry.

He looked 'round to make sure

that there was nobody
else on the beach

and walked towards
what he wanted.

Them little birdies,

they live in the cave there.

Come on, I'll show ya.

Stuart says in his confession

that he asked Mary if she'd like

to see the little
birdies in the cave.

- Right there.

Right up the back.

You go and have a look now.

Mary asked
where the little birdies were.

Max's reply was devastating.

Now, you're gonna
hear what happened next.

- Roderic, don't... no,
you all wanna defend

this man, you should
know the extent of his evil.

After smashing in the
side of her head with a rock,

he started to
unbutton his clothes.

- Roderic no more.
- He was in a drunken fury.

Nevertheless,
it is very difficult

to rape a nine-year-old girl.

But thankfully she
was unconscious

so she was spared the agony
of what he was doing to her.

When he'd finished,

she was breathing
and moaning in pain.

And he realised
that if he left her alive

she would tell people what
had happened; Describe him.

The rape would send him
to jail for the rest of his life,

he knew that.

So, there was only
one thing he could do.

He knows if he's not careful

he'll get blood
over his clothes,

so he takes them off.

Now naked, he picks
up the rock again.

And with brutal savagery,

bring it down into
Mary hattam's face.

Five more times he
smashes in her skull

and each time blood spurts
onto his chest and face.

After the the end of his attack

and certain that she is dead,

he pants with the
effort of what he'd done.

Then he notices the
blood on his chest.

To make sure there is
not a trace of blood on him,

he washed himself
in a rock pool.

Then he put on
his clothes again,

and headed back into town.

No one really missed Max.

It was a slow day.

Some people remember
him being there, others don't.

It all depends on
what time they arrived.

If they arrived early at the
funfair, they didn't see him.

If they arrived a
little bit later, they did.

- I read in "the news"
that the geiseman's said

that Stuart was at the funfair
at the time of the murder.

- The only sense of time
these carnival people have

is whether it is day or night.

- You are still
avoiding the fact

that the police belted
the confession out of him.

- Sometimes the end
justifies the means.

- Some chief
justice you'll make.

- Thank you, my darling.

No, the police did not
have to resort to force.

That was not the
reason he confessed.

- What was the reason, roderic?

- He may have been
afraid of the police

but he was more afraid of
the aboriginal black trackers.

He was brought up
in a tribal community.

- I've had two of the best
black trackers in the district

look at the footprints at
the scene of the crime.

They'll be here in an
hour to look at yours.

Then they beat him.

- Quite the contrary.

They laughed it out of him.

- Superciliousness
knows no bounds.

- And neither does
your ignorance.

No, my poor deluded guests,

the interrogation
took a curious turn.

Jesus, Max.

You look as though you're
in a shit ioad'a trouble.

Ah, listen, mate.

Jeez, I've been pissed
and done stupid things.

Jonesy, you've
done stupid things

when you're pissed, hey?

- Yeah, I can get shit faced.

- Jesus, Max, we're
all blokes here.

Hey everyone, put your hand up

if you haven't been
horny when you're drunk.

You see, Max,
it's nothin' unusual.

Now, we're just
bloke to bloke here.

See, now you're
pissed as a fart, right?

And you see the girl.

Whoa!

And you're horny, right?

So they laugh
about it, and Max confesses.

- Let's have a confession, Max.

As if confessing
to a minor traffic accident.

- "I, Rupert Max Stuart,

age 27,

labourer of Alice Springs,

haven been warned by
detective sergeant Turner

that I need not
make this statement,

do so voluntarily without fear,

threat, reward of
promise of any sort,

state the following."

Now sign it Max and
we'll all get some rest.

Ya need it.

Well, we all do.

- I'll sign and we all get rest?

Yeah, yeah, yeah.

Then they stopped laughing.

- But that's their
version isn't it?

- Yes, of course.

- And that's the only version

you want to hear
isn't it, roderic?

- I'm not comparing Max Stuart

to my husband's natural
vigour and energy,

but it would seem to me
that if a man has had sex,

I don't know if he'd go
searching for it 20 minutes later.

- Yes, well, that's a new
addition to Stuart's alibi,

that he'd had sex
with one of the girls

at the thevenard hotel.

Stuart was asked to identify
her from a photograph,

and he said in his own
inimitable language,

"yep, that's the girl I rooted."

We've had her
examined by a doctor.

She is a virgin.

- "The news" said Stuart picked

the wrong girl from
the photographs.

- "The news" would say
that the sun sets in the east.

- It's easy for you to
think that somebody

like Max Stuart is evil

because you have such a poor
opinion of human beings anyway.

- I am so certain
that Max Stuart raped

and killed that little
girl that if no one else

had the courage to hang him,

I would pull the lever myself.

- I bet you would.

- Call Norman George geiseman.

- Now Mr. Geiseman,

when father Dixon
found you in queensland,

tell us what you told him.

- He asked us if we
knew the movements

of Max Stuart on
Saturday afternoon.

I told him we all had lunch
on Saturday except for Max,

who come in about
quarter to two.

- Can you be sure of that time?

- Oh yeah, yeah.

I told Max he could
have some lunch

and at two o'clock I
looked at my watch,

said time to start.

Max went to work
on the dart stall.

And several times
between then and four,

I could see him in the
tent with Betty oaks.

He was on the knock 'em downs.

- Where is this line of questioning
heading, Mr. O'Sullivan?

- Well, your honour,
Mr. Geiseman's testimony proves

that my client was at the
funfair at the time of the murder.

- It proves no such thing.

Why should we believe
Mr. Geiseman when

we have other witnesses say

that Max Stuart wasn't
there at those times?

- An employer would surely know

if an employee
was at work or not.

- A side show owner
doesn't exactly come

with the highest
credentials as an employer.

I think we can dismiss
Mr. Geiseman's testimony.

As your report says,

Max consumed a
lot of alcohol that day.

- Yes, a very
considerable amount.

- It also states that you found

no blood stains on either Max

or his clothes, despite the fact

that the walls were
covered in blood.

- As he says in his confession,

he took his clothes off
before attacking the girl

and aftenlvards washed
himself in the sea.

- What is your opinion of the
aborigine, detective sergeant?

- The ones I've come
across seem okay.

A bit simple.

- Could you describe
Max Stuart as simple?

- Well, I don't think he's
that intelligent, yeah.

- And when drunk,
he'd be even more stupid

and unthinking wouldn't he?

- Well, judging by
what he did, yes.

- How is it then
that this stupid,

unthinking, brute
of a man caught up

in some kind of
supposed blood lust

about to rape a young
girl, suddenly stops

in the middle of his action,

takes off all his clothes in
case he gets blood on them?

I would think a man would have

to be highly clinical
in his actions.

Intelligent, sober.

- Mr. O'Sullivan,
confine yourself to facts.

Thank you.

- Would you say you
had a bit of a short fuse

when it comes to
alleged sex offenders?

- I'm not aware of that.

- Two years ago did not
you and another policeman

so severely assault
a man accused

of a sex offence
that the judge threw

the case out of court?

- I can't recall.

- I'd like to give you
a further opportunity

to rethink your reply.

Mr. O'Sullivan,

The witness has already
stated he cannot remember.

- I must be able to cross
examine this witness, your honour.

- Call the next witness.

Have you ever threatened

or beaten anyone
during interrogation?

- No, never.

- Let me remind you then.

You were once
speaking to a lawyer,

a Mr. Cameron Douglas,

and you said you didn't

like questioning
women because quote,

"you cannot hit them over
the head with a rubber hose.“

did you or didn't you say that?

- I can't remember.

- Do you then remember
Mr. Douglas replying

that he was surprised
that such things happen,

and then you said,

"if you don't treat
them like that,

you wouldn't get anywhere."

- No, that's a lie.

- I suppose you don't
remember Mr. Douglas?

- No, I can't remember.

- Perhaps I can jog
your memory then.

- Objection, your honour.

All of this is
uncorroborated hearsay

and not of it is relevant.

- Mr. O'Sullivan,
constable Jones

has already answered,
"he can't remember".

He's not obliged to
say anything more.

- If you want me to stop
cross examining, I'll stop.

- I haven't the
slightest intention

of stopping your
cross examination,

but as far as I'm concerned
I've heard enough of this.

- If you're gonna
take that attitude,

I feel it's pointless
to continue.

- If you feel it's helping
you to convince us,

well and good.

- I feel it's impossible
to convince you.

You've already said
you've heard enough.

Mr. Chamberlain?

Thank you, your honour.

During this royal commission,

I find myself defending,
not only the police force,

but also the institutions
of government.

I make no apology for this.

On the contrary, I
consider it an honour.

We seem to have reached
the stage of mob rule,

where a newspaper
is free to savage

and defame those who
cannot protect themselves,

and where the vilest allegations

are made against people
who've not only done their duty,

but done it to the
best of their ability.

Now, as we're all aware,

a royal commission is
set up by the government

to fully investigate and
report on a particular matter.

New evidence can be heard,

and witnesses appropriate to
that matter can be questioned.

Now, I will be calling witnesses

who will contradict
geiseman's statement,

and evidence that
will totally refute

these baseless allegations
of police brutality.

- He's more bloody
British than the British.

- One thing I'm looking fonlvard
to on Monday, O'Sullivan,

that's cross examining you.

Enjoy your weekend.

- Now, Mr. Murdoch,

you're entitled to
have your lawyer here

as this is merely a
hearing to determine

if you are to go to trial
charged with seditious libel.

Who is the editor-in-chief
of "the news"?

- Mr. Rivett.

- Do you confer with him daily

with respect to the
publication of "the news"?

- I refuse to
answer that question

on the grounds that it
might incriminate me.

- Do you give him any directions

or advice on what to
print or what not to print

in regards to what
appears in "the news"?

- I refuse to answer that

on the grounds that
it may incriminate me.

- Have you seen this before?

- Yes.

- Is it published by "the news"?

- Yes.

- And this one?

- Yes.

- Thank you very much.

Hello, Charles.

- Roderic.

So, you get to put O'Sullivan
on the stand tomorrow?

- Indeed.

He'll be like a kangaroo
caught in the headlights.

- Well, he's certainly given
you the runaround, hasn't he?

- I can get him for not
properly representing his client.

Finish him for good.

Thank you, Nigel.

The whole business
has gone on long enough.

- The law should never
be personal, roderic.

- Well, now those two
have made it personal.

- Let's say you were to prove

that O'Sullivan had not
defended Max Stuart properly.

Do you know what that means?

- Yes, I win.

- No, we lose.

If you won the case
against O'Sullivan,

who's to say any of
us can't be called out

for the tiniest mistake we've
made at defending our clients?

It will be a free for all.

So many people in
the legal profession

are worried that
you will succeed.

The trouble is in any
other court in the land,

O'Sullivan will be
judged as having done

a good job and
get off Scott-free.

But there's a lot of
resentment against

it here and there could be
a judgement against him.

- I'm sorry, what
are you saying?

-All I'm putting
to you are the pros

and cons of putting
him on the stand.

You see the world
in black and white.

When are you going to learn

that sometimes
it's a shade of grey?

Would you excuse me
for a moment, roderic?

Ah, good of you to see me.

- Justice Abbot.

- I'm sorry we can't
go inside proper

but it's a private club.

So, tomorrow morning
your future's at stake.

- I'm very aware of that.

- I suspect that if you were
to plea guilty something minor

like inefficiency you
couldn't fully afford

to defend Max Stuart,

it would result in nothing more

than a rap over the knuckles.

- I wasn't inefficient.

- Merely a formula.

Othenlvise, if you
plead not guilty

and they find you guilty

of not properly
defending your client...

Lawyers such as yourself
who are not well off,

well, I can understand
your irritation

at being called to
defend clients without fees

simply because your
lottery number comes up.

Your case could be
just the example to use.

Lawyers called
up to defend clients

who can't pay for their
services should be remunerated.

It's natural justice.

Only that way can they
defend their clients properly.

- So I'm to be used
as an example?

- And very soon aftenlvards,

the government
will bring in legal aid

to help lawyers
defend their clients.

You'd be much thanked.

- But Max is still gonna die.

- I'm trying to appeal
to your altruism.

- You're trying to
sacrifice me and Max.

- And you are
attempting to undermine

the integrity of
the police force

and the legal
system in this state.

Why did you
bother to come and see me?

- I wanted to see
what the offer was.

I'm trying to save Max's
life and my own reputation.

- And tomorrow
you could lose both.

Don't be a fool.

- I'm a foolish
man, justice Abbot.

Good afternoon.

Yep?

Order in the house.

- That's the parliament.

Can you believe it?

No longer a place
for reason and debate.

It's become a place for
demagogues and rabble.

Roderic, I remember you telling

me how simple the
Stuart case would be.

- Well, that O'Sullivan
fellow is very pesky.

- Pesky?

Yes, that's the word.

I've only ever called royal
commissions when I've known

what the outcome would be,

this time I'm not so sure.

- You need have no
fears on that level, sir.

The judges will uphold the
original verdict and he'll hang.

- First time in 20 years as
premier I've had death threats.

- Well, I'm sorry, sir.

-So am I.

It's all become too complicated.

I want to cut the Georgian knot.

- You mean the gordian knot.

- Last night I was
thinking it's all very simple,

and only I could
provide the solution.

- What solution is that, sir?

- People are very concerned

that we're going to execute
that aboriginal fellow.

But we're not going to.

You are going to go back
into the royal commission

and tell them the government

had decided to commute
the death sentence.

- But he killed that little
girl and he should hang.

- I quite agree but politics

has nothing to do with justice.

A potential chief justice
would understand that.

- But sir, I'm certain that
the royal commission

are going to confirm-

- the key is, roderic,
the death sentence.

If we get rid of that
this whole business

will be forgotten and
so will Max Stuart.

- But it goes against the grain

of everything I believe in.

I can't do it.

- Oh, you'll do it
'cause I'm the premier

and the crown
prosecutor obeys the law

and the law now is that
Max Stuart will not hang.

Now, let's sort out this rattle.

The house will come to order.

- This is an editorial
I've just been writing

about the injustice
of O'Sullivan

being put on the stand today.

See what you think.

I reckon it's pretty good.

- Rohan, I need to
have a word with you.

- Calling a
Mr. David O'Sullivan.

- You'll not be needed in the
witness box, Mr. O'Sullivan.

Would you like to
take this opportunity

to make your closing remarks?

- Thank you, your honour.

First, let me address
what I was accused of.

Failing to get an interpreter

for my client and the
preliminary hearing at ceduna.

There was no need to.

He had the perfect alibi,

till the local
pathologist changed

the story at the last moment.

- We appreciate the
fact, Mr. O'Sullivan.

- Do you also
appreciate the fact

there was another
lead in this case?

A blue Holden car was spotted

near the scene of the crime.

But the police did not
follow up in this lead.

Much easier to find a
black fella than a blue car.

They thought no one would care

that an aborigine
got railroaded,

because who cares in
this state about a boong,

about a nigger?

About Max Stuart?

A man caught
between two cultures.

One grandparent was
white, the other's black.

He belongs in neither world.

Now there's no doubt
that he drinks too much,

but there's also no
doubt that I believe him

when he says the police
were gonna skin him alive

unless he made that
confession they wanted to hear.

Just as Mr. Chamberlain

here absolutely
believes in his guilt,

so I believe in his innocence.

And it has cost me much.

Even to the extent of having

to defend my own
professional ability.

Now, I'm not gonna pretend
I haven't made mistakes.

Many times I've asked myself,

"would someone else
have done a betterjob?“

this cost my partner
and I our business,

and here in Adelaide,
our reputation.

But we will only feel we
failed if Max Stuart hangs.

You must know in
your heart of hearts

that he could not have
made that confession.

Your honour, I ask you now,

let right be done.

- Thank you, Mr. O'Sullivan.

Your honours,

with your permission I would
like to address the court.

- Yes, Mr. Chamberlain.

- The premier has
instructed me to say

that in the circumstances,

the government has
reached the conclusion

that it is no longer
proper to delay

this decision as to the carrying
out of the death sentence.

I am therefore instructed
to inform your honours,

that cabinet has decided to
recommend to his excellency

that the death sentence
should be commuted.

This decision is of
course in no way designed

to prejudice the
commission's inquiry

into the propriety
of the conviction.

Order, order!

- Thanks very
much, I appreciate it.

It's very kind of you.

Thank you.

- You think you've won
don't you, O'Sullivan?

Well let me assure you,

the prison sentence he'll get

will make him wish
he'd been hanged.

And you two will be lucky
to get a case defending

a parking ticket in this town.

- You don't know
what's happened, do ya?

You thought you were one of them

but all they've done is
made you the messenger boy.

You failed, Mr. Chamberlain.

But don't worry, I expect
they'll give ya a knighthood,

then they'll
forget all about ya.

- So they won't hang me?

- No.

The sentence has been commuted.

They won't hang you.

- So I leave now?

- Not exactly, Max.

It's up to parliament now.

You could be here for some time.

- Justice not come quick, eh?

- No, Max, justice
don't come quick.

- Thank you, Mr. O'Sullivan,
Ms. Devaney, father.

You all done your best.

I sit and wait for
justice to be done.