All language subtitles for Crownies.S01E11.WEBRip.iview.en

His house collapsed. He can't live
in it. That's why Richard's here.

You're on the Mervich case
with Rhys. The boltcutter babes?

ERIN: Their fear was their prison.

Repeated abuse leads
to learned helplessness.

It is a classic syndrome. It's real.

She had a nightmare about Ray Stone
attacking her with boltcutters.

I'll take a run up
to Clarence, where...

Ray Stone was murdered.
I was hoping you'd like to come.

RHYS: According to the police report,

the first blow got him
directly in the face.

(Grunting and screaming)

On the side of the head.
WOMAN: Aah!

There's blood everywhere.
Erin? It's alright. It's OK.

(Chuckles) You are serious.

I suddenly feel depressingly sober.

♪ Theme music

♪ What do I do stand in a shop

♪ Waiting for that money to drop

♪ Stand all day on a concrete slate

♪ My feet are aching
Don't get a break

♪ Singing what do I do?
What am I to do?

♪ What do I do?

♪ What am I to do?

♪ What do I do?
What am I to do? ♪

Lock up the abusers,
not the victims.

Tensions are running high,

several weeks into a trial
that has inspired

public debate in the community.

Joanne Mervich's supporters have left
little doubt of their views

on this controversial case.

The DPP is supposed to lock up
abusers, not the victims!

With the prosecution case
expected to close today,

rumours are flying
that Joanne Mervich

will then take the unusual step
of giving evidence herself.

The defence has been accused
of attempting to sway

the jury's sympathies
through this public airing

of Mervich's
domestic-violence history.

Win or lose, the real question is -

can the DPP afford further
negative publicity?

Erin, this is ridiculous.
'Morning.

I've summarised all the main
witnesses in an aide memoir.

Erin...

Here's a summary of the key points
raised by the forensic evidence,

in case Joanne does take
the witness box.

And a chart setting out where
the evidence is in the transcript.

And... you need a pen, right?

I'm sorry. I did the wrong thing,
not just on the view.

Better get inside.
Erin, come on.

I know I encouraged you.

I was drunk.
Not when you kissed me.

I just want to have a professional,
working relationship again.

Done. Apology accepted.
That's good.

(Sounds of traffic and siren blares)

Detective Sergeant Dylan Thorne?
Yeah.

Did you think I was the only
homicide detective in Sydney?

Well, I was looking forward
to working closely with you.

Well, as long as you don't work
closely with Detective Thorne.

Why? Dreamy is he?

If you like wankers,
he's a bit of a show pony.

(Clears throat)
We can't all be incompetent, Andrew.

Lina, this is Sherlock Thorne.
Sherlock?

Mm. Logic, science, data. Likes to
take on every role in solving cases.

Would you prefer that I consulted
a psychic and cracked skulls?

(Chuckles)
Dylan Thorne. Pleasure to meet you.

Um... Detective Campbell said
you needed some advice.

What are we looking at?
Murder of a child by a child.

Jake Gardiner, nine years old.

Ten months ago,

it was claimed that he
and his brother Max were wrestling,

when Max strangled him
in front of their sister Ella.

JANET: Coroner's report?

Cause of death was
manual asphyxiation - an accident.

There was no recommendation
to prosecute.

I sense a 'but' coming.

A few weeks ago,
Ella told her teacher

that Max laughed
when her brother died,

and said, 'now I'm the butcher'.

'The butcher'?
Hm.

Is that a wrestler?

Abdul the Butcher, Necro Butcher,
Bill 'The Butcher' Mahood -

he has plenty of them.

Child deliberately kills his brother
- that should be easy to prove.

Hm.
Parents?

Virginia and Sean Gardiner.

They were playing tennis
on their private court.

DOC's history?
None.

No prior involvement
with the police.

Let me guess -

wealthy, emotionally-distant kids
raised by a nanny?

Quite the opposite. From what I've
gathered, it's a really stable home.

What happened after the boy died?

Well, according to Ella's teacher,
Max covered Jake with a blanket,

then he told Ella that if she said
anything, he would kill her.

Lovely.

The parents found the body
an hour later.

Ella was hiding in the tree house.
Max was doing his English homework.

Was Max under ten
when the death occurred?

Sorry, he's eleven.

Thanks to the imagined age
of criminal responsibility,

and the presumption that a child's
incapable of crime under ten,

you can't prosecute.

10 to 14, it's a grey area.

Doli incapax. I know.

Right.

Occam's razor.
It really was an accident.

Or it was deliberate within
the context and characters

of the wrestling game,

but Max has no real concept
of death.

Or it was deliberate, knowing
the permanent impact of death,

but through the immature
understanding of an eleven year old.

Or he's a cold-blooded sociopath.

DAVID: From all accounts, you're
handling the trial extremely well.

I've had a remarkable
instructing solicitor.

A solid working relationship
is vital.

Are you intending to continue
the association after this case?

Tracey's talents are really wasted
here. Aren't they?

I do hear ASIO's hiring.

Are you aware that we're pursuing
the Attorney General?

You can't be serious.

Nicholas Quinn was served
this morning.

And the public complains about
police-response times.

The way your handling the Mervich
case, I'd like to offer you Quinn.

I'm sensing a theme here, David.

Mervich, now Quinn. Both cases too
hot for the Crownies to handle.

And who do you suggest handles this?
Janet?

So I'm to do the DPP's dirty work.

This is an extraordinary
opportunity.

Frankly I'm surprised
you don't see that.

Because prosecuting the Attorney
General of New South Wales

can't backfire on me.

We're still considering you
for a permanent position here.

You'd make an excellent Crown.

So, when I can no longer make
a living as a private barrister,

you'll put the food on my table?

So, is that a no to Quinn?

You'll go blind.
What?

Reading in the dark.
Tate reckons anyway.

I can't sleep.
Mind if I watch telly, mate?

(Chuckles)

..specially in the club...

You guys don't know
what you're missing out on.

No.

1900-HOT-POLE. Hot pole!
Hot pole, get it?

Yeah. You like that.

TV PRESENTER: We have hot
easterly winds in the west,

but for the south-east we've got
cooler south-westerly winds

from the south-east
and a high pressure system...

Oh, great idea.
Skinny cap. Thanks, Richie.

Yum.
Actually, this is mine.

Picture of generosity.

Um... you're not made of glass,
babe.

This is for you.

Light bondage isn't cutting it
for me anymore.

Yeah, can't wait.
Don't you have something for me?

Oh! Yeah, sorry. Here.

Love ya.

You're such a disappointment.
Uh? What did I do?

Richard, we're leaving now.
I haven't finished my breakfast.

Baby?
Don't you dare call me that!

(Door closes)

JOANNE: Ray decided to fence off
around the house.

He liked to make us work.

No gloves, barbed wire.

The morning he left on the SES job,
we were working on the fence.

Ray grabbed me by my hair.
It was long then.

No cutting it allowed.

He called me a useless bitch.

Tore down my undies.

He liked to put it... you know,
up the behind.

Did you consent
to the anal penetration?

No, never.

Heather-Marie, she...
I don't know, snapped.

Yelled at him to stop, and he did.
I thought, 'we're gonna cop it now.'

But he just pointed to the fence...

..said if we didn't finish it,
he'd kill us.

But he knew we couldn't do it.

He was serious this time.

So we tried to fix the fence,

but the morning Ray was due back,

my sister picked up the boltcutters
and she put them in the kitchen.

Did you or your sister make a plan
to kill Ray on his return?

No. We just wanted to... be ready.

She said the angels would protect us.
Heather-Marie would take care of him.

I just had to distract him.
ARI: What was Ray's reaction?

He said, 'I'm very disappointed,
girls. Very, very disappointed.'

And then he went for her,
and she just stood there.

So I screamed.

He said, 'You'll be sorry.'

Then Heather-Marie, she screamed.

And the boltcutters were in my hand.

I hit him.

Then Heather-Marie,
she kept screaming,

and he fell down, and...

I must've hit him again.

And I looked over and Heather-Marie
was slipping... on the blood.

She cracked her head, passed out.

I remember looking at Ray,
thinking...

'I can cut my hair now.'

So I did.

ARI: And why didn't you tell this
to the police originally.

The law doesn't care about
women like me.

I didn't want to get locked up
for something I had to do to live.

ARI: Thank you.

Turn away from the jury.

Orders from the finch face.
You're the advocate.

Assault with a weapon. Scissors!

16-year-girl A had boyfriend stolen
by 16-year-old girl B.

In retaliation, girl A held down
girl B at school dance,

and cut off her jeggings
with scissors.

(Mobile phone rings)
Scrag fight ensued.

Jeggings?
I know. She should be applauded.

What are jeggings?
The new penis pants.

Here. You know, cousin
of the leggings and meggings.

Alright. Jeggings.

Don't you wear those?
(Phone rings)

Don't answer it.
It'll be rude not to.

Don't answer it.
(Phone rings)

Hey! Thanks, Tracey.

MAN: Down there, thanks.

Hey, do you think that little girl's
Lina's witness to the child murder?

She's seven years old,
she can't be interviewed on her own.

Mrs Gardiner, I can assure you that
every measure will be taken

to ensure Ella feels safe.

Can't one of us be with her?

I'm sorry. We need Ella to go over
her testimony

without any suggestion or coercion.

DYLAN: This is Lina Badir.

A witness-assistance service officer
will be present the entire time.

JANET: Hi, Ella. My name's Janet.

I need to talk to you
about what you told your teacher.

I'm Lina.

What's your rabbit's name?
Buster.

Hey, that's a good name!
How old's Buster?

Don't know. He was Jake's bunny.
Jake's your brother, right?

He's gone.

Gone where?
Heaven.

Do you know why he's in heaven?

Do you remember telling your teacher
about a game

Max and Jake were playing?
(Clears throat)

He didn't do anything.
Who didn't do anything?

Max, and I didn't tell
Miss Lincoln anything.

You didn't tell her what Max said?

Is that true or just pretend?
True.

And what about Buster? Does he know
what happened when Jake went away?

Ella? Is Max a good big brother?

I want my mom.

RHYS: When Ray left
for the SES search,

did he give you any indication
how long he might be gone?

No, he just told us to fix the fence
before he got back.

According to your own
evidence in chief,

you knew the area he was searching
had a radius of some 200km.

Is that correct?
I guess, yes.

Would you agree that a search
of that size would take...

more than a few hours?

What has this got to do
with anything?

Ray left both, his car and the keys,
behind. Didn't he?

Yeah, but...

If your evidence about Ray's abuse
is to be believed,

then you had the motive, you had the
means and you had the time to escape.

But you chose to stay.
It wasn't a choice.

You haven't given evidence that you
and your sister were restrained

for the duration of his trip.

He always said if we ran,
he would track us down.

I put it to you that most people
would've taken that risk.

(Chuckles) Most people
haven't been treated like dogs.

Like their body's not their own.

And you decided to end
that mistreatment

by killing Ray on his return.

We were defending ourselves.

So it is your evidence, on oath,

that you had no alternative
but to inflict fatal injuries

in response to this predicted threat?

He was going to kill us.

If I could direct your attention
to exhibit P7.

Do you recognise this man?

(Gasping)

That's Ray.
Yes.

I'm surprised you can.
There's virtually nothing left.

ARI: Objection, Your Honour. I...
I'll get to the point, Your Honour.

Your assumption,
that there might be violence,

caused you to deliberately strike
Ray to death

with eight frenzied blows
to the head.

Does this look proportional to you?

Well, I can cross 'traumatising
a child witness' off my bucket list.

We can't force Ella to talk.

And we were pushing the boundaries
of coaching a witness as it was.

Well, now that she's changed
her story, can we even proceed?

If we believe she's lying.
What if she isn't?

Isn't confabulation the main issue
with child witnesses?

You're suggesting she saw Jake die
and created a false memory

of Max being responsible
and threatening her.

Well, it's possible.
Then why change her story now?

Scary police and lawyers might send
her brother to jail.

Time to tell the truth.

But under your confabulation theory,

Max killing Jake
is the truth she believes.

Wha... What if she's angry with Max
because Jake died,

and she lies to get him trouble
with their parents.

Yes, hand me a straw
and I'll clutch it.

It's possible, but why would Ella
wait ten months to lie.

Why wait ten months
to tell the truth?

What else do we have on Max?

JANET: This is the original
interview?

Hm. The morning after Jake died.

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

Yeah, I'm not stupid.

Do you know why you're here?

Because of Jake.
That's right.

Do you know what happened to Jake?
He's dead.

Do you know what 'being dead' means?
It means you never come back.

Do you know how Jake died?

Can you tell me what you and Jake
were doing yesterday afternoon?

Your sister said she was watching
you and Jake playing wrestling.

MMA. Ella wanted to play too,
but... she's just a girl.

MMA is mixed martial arts, right?

It's pretty dangerous.
Did you accidentally hurt Jake?

Max?
It's not my fault.

It's OK, Max.
I didn't mean to.

You can tell me what happened.

I... I was behind him
and... I put my arm around his neck.

We were just pretending.
Did he try and move your arm?

That was the game.
I let him go, but he fell down.

I thought he was pretending.

How did you realise
Jake wasn't pretending?

He didn't move.

I said his name, but...
What did you do?

He looked cold,
so I put a blanket over him.

Why didn't you tell
your mum and dad?

I knew I'd get in trouble.

It's... it's not my fault.
I didn't mean to.

He's just my little brother.

(Sobbing)

Well, he's pretty convincing.
DYLAN: You stay here, OK?

Or an excellent liar.

Max was interviewed
by a child psychiatrist today,

but I'm going to get
a second opinion.

Paying for two shrinks?
Tracey's going to love that.

This case is too grey to base a
decision on one expert's opinion.

I am sick of having to justify
research by crunching numbers.

Sorry. Blame the hormones.

Just the hormones?

I think I've recently realised
that there's no guarantee

of what our child...
Children, there are two.

..children will become.

You know, the amniocentesis doesn't
test for autism, or deafness.

Or gayness.
Or narcissism.

Or the desire to become a stripper.
Stripper?

Or sociopathic tendencies. I could
be incubating the next Ivan Milat.

Have the twins been stabbing you
in utero?

Love's not always enough, Ash.

Not every serial killer
is a product of an abusive home.

True, but nobody's born evil.
Oh! You've been talking to Lina.

Everything comes down to
how you were taught to behave.

That's a simplistic way
of looking at it.

Brain scans of murderers
in a US study proved

all had substantial damage
to the frontal lobe,

reduced neural metabolism
and abnormal asymmetries of activity

in areas related
to the limbic systems.

Save it for court, honey.
This case is...

Look, all we know for sure

is our kids are going to need
intensive therapy.

How is this helping?

To cope with the embarrassment

of being utterly love bombed
by their parents.

(Sighs)

(Train rattles)

'Ray Stone was undoubtedly
a cruel and violent man.

But under the law,
his life had value.

Joanne Mervich set herself up
as judge, jury and executioner,

and in doing so, broke the law
which was created

to keep us safe from primal,
violent acts of revenge.'

(Pedestrian light beeps)

(Sounds of traffic)

Richard! Hey, I need your help.

I've tried everything.
Sorry?

With Tatum. She won't forgive me.

I picked up on that.
What is it that you've done exactly?

I forgot the anniversary
of our first pash.

People have pashing anniversaries.

Last night, I even did the silk scarf
thing that she loves,

you know, between the sac and the...

O... Oh, OK.
I'm trying to pump here.

Sorry, that sounded less dirty
in my head.

Look, guys like you get chicks
in a way that guys like me don't.

I need your help. Please.

Look, I can't, you know. Tatum's
in a category all of her own.

Look, if you help me, you can have
the place to yourself

for the weekend,
do whatever you like.

Seriously, think about it. Alright?
Call me.

You look like shit.

I can't argue with your assessment.
No sleep.

Joanne's evidence was as harrowing
as expected, then...

And then Rhys ripped her apart.

Coffee? I can do decaf.
How depressing!

How is the alien queen?

Queens.
Sorry?

It's always a risk with IVF.
Two?

You're hiding it well.
For now.

I might have to get
new robes made though.

Procreation is like a box
of chocolate.

If we could test for every disease
or antisocial behaviour in utero,

the species would die out.

Rhys giving
his closing address today?

I actually attempted it myself,

hence the little bags under my eyes
from lack of sleep.

Whatever the verdict,
it'll be a media circus.

I hope you're prepared for that.

Yeah, the whole case has been
a media circus.

Remind me, why did I leave
corporate law again?

Because you wanted
to save the world.

(Mobile rings)
You up?

Time to save the world.

Ah! Good morning, Erin.
'Morning.

I attempted the closing address.
Why?

I'm more than capable
of walking the party line.

Well, thanks for all your hard work,
but I'm fully prepared.

It's not necessary.

There was a time
when you would've encouraged me.

As the briefed prosecutor,
closing address is my job.

And I'm your instructing solicitor.

So much for a professional,
working relationship.

What exactly do you want from me?

You're feedback,
when your schedule's cleared.

Well, frankly, given your response
to Joanne's evidence,

I'd be negligent to accept
your closing address

as anything other than a hindrance
to my case.

I think you'd be surprised.

The defence has argued
that Joanne Mervich

is suffering from
battered woman syndrome.

But that doesn't mean she couldn't
form the intention to kill.

It is not a
'get out of jail free' card.

If this was a desperate act
of self-defence,

then why did Joanne change her story
no less than three times?

The truth is, her actions were not
the result of self-defence,

or temporary insanity.

We have heard that Ray Stone beat
and raped and intimidated Joanne.

But instead of fleeing this
living hell with her sister,

she chose to stay for not one,
but three days.

Three days,
with open access to a car and keys.

Three days, to cold-bloodedly
plan a murder.

The boltcutters that were used
to bludgeon Ray Stone to death

were moved from their position
in the farm shed to the kitchen

in preparation for his return.

Now, Ray Stone was undoubtedly
a cruel and violent man,

but under the law,
his life had value.

Joanne Mervich set herself up
as judge, jury and executioner,

and in so doing, broke the law that
was created to keep us all safe

from primal, violent acts of revenge.

This is bullshit!
It was self-defence!

Madam, sit down!

Joanne killed to save her life.
Remove that woman!

This isn't fair!
Get your hands off, you pig!

He's a bastard, he deserves it.
Joanne, we're on your side.

Jury, you will disregard anything
said by that member of the public.

Her opinion has no bearing
on your decision.

My apologies, Mr Crown.
Would you like a short recess?

If it pleases Your Honour,
I'll continue.

The role of juror is the highest form
of public service,

not because it's easy, but because
it's often very difficult.

We ask you to remember that you are
triers of fact, not emotion,

and in this capacity,
to convict Joanne Mervich

of the murder of Ray Stone.

I trust you will do as both, the law
and your sound judgement, dictates.

Thank you.

Excellent closing address, Erin.
Who would've thought.

You wanted feedback, there is it.
Do I get a gold star?

OK, take your shot. You've been
waiting for it. Let me have it.

You deliberately ripped
Joanne apart.

That wasn't prosecuting,
that was cruel.

I was doing my job.
We're not the defence.

We're supposed to be ethical
and have integrities.

I'm so sick
of this idealistic bullshit!

You shouldn't have put me
on this case.

You should have taken yourself off
before it started.

Now, choose a side, Erin,
and grow up.

Fuck you, Rhys!

Are you sure you know MMA?

Classic sleeper hold.
Primarily, it's a blood choke.

Just... just back off a bit.

So, you pinch the arm together
and assist with the free hand.

Compressing the carotic arteries,

and the jugular veins
on both sides of the neck.

Alright, easy.
No blood to the brain.

Cerebral ischemia.
Unconscious in seconds.

But not usually fatal.
Can we stop now?

But Jake didn't die from cerebral
ischemia. It was asphyxiation.

Well, this hold can turn into an
air choke if the subject struggles.

Go on, Rich, turn your head.
Hmm... No.

Come on, don't be a pussy.

(Grunting)

Suddenly, it compresses
the trachea and larynx,

interfering with breathing,
causing asphyxia.

(Grunts)
What the fuck is wrong with you?

Take it easy.
I wasn't actually choking you.

Rich, are you OK?
I have to get to court.

(Laughs)

See, that's what happens when you
grow up without any male relatives.

Jake's larynx was crushed.
Can an air choke do that?

Yeah, if Max is strong, absolutely.
Poor kid.

You think it was accidental?

My cousins and I used to throw
bricks at each other

playing war games.
That's what boys do.

These kids were just unlucky.

Your Honour, we have photographic
evidence that the victim suffered

a painful scratch along her leg

where the scissors were used
to cut off her pants.

Jeggings, my apologies.

The assault and subsequent wounding

were witnessed by over
a hundred other teenagers.

A teenage prank,
which my client regrets.

In the resulting fight,
she too was physically harmed.

With a slap, Your Honour,
not with a weapon.

Bladed scissors are on par
with a knife,

and the court has long held
that the use of a weapon

aggravates the seriousness
of an assault.

The judge'll be eating
out of your hand.

Maybe I can help you with something
too. What's going on with Conrad?

Nice job trying to casually slip
that into our conversation.

There is a 99% chance that Con
will share your couch tonight. Yes.

Why the 1%?

In addition to him being
a self-centred idiot,

he's a fantastic fuck.
Um.

I don't live in a bubble, Richard.

I realise most people don't celebrate
the anniversary of their first pash.

Then accept the apology gift.

Why doesn't anyone believe me that
it's not about getting a present?

It's about Con proving to me that
he finds me just as desirable

as when we first pashed.

Truffle boxes and flowers
don't cut it.

That makes... surprising sense.

Good luck. Remember, jeggings.
BOTH: Jeggings.

LINA: As I'm sure you can
understand, Dr Ramsden,

we're finding this very much
a grey area.

With children it's always
a grey area.

I understand you've only had time to
assess Max, not his family history,

but can you give me a simple answer?

JANET: Thank you for coming in
at such short notice, Dr Kos.

The police are getting impatient
for a recommendation to charge Max.

The police like building up
their hit rates.

Do I believe Max is capable of
having murdered his brother?

Absolutely.
Absolutely not.

I've been in this industry 17 years.

In that time, I've only come across
two children

that I could confidently say
show undoubtable,

incurable sociopathic tendencies.

Max Gardiner is one of them.

There's nothing in Max's statement
to the police,

or in his interview with me,

to suggest that these actions
were deliberate.

He showed remorse
for his brother's death.

Any downplaying of his role
in the death

comes from fear of being rejected
by his remaining family,

and overwhelming guilt.

And how do you come
to this conclusion?

Every drawing he did was dark,
in subject matter, in colour choice.

Under questioning he lied
compulsively and continuously.

He showed a remarkable lack
of empathy

when presented with events
and photos of others' suffering.

And he became verbally aggressive,

which I believe is in line
with his choice of sport.

Playing rugby doesn't make you
a murderer.

No. But the way that he described it

suggests he seeks out
the weakest player to destroy.

I find asking children to describe

their top three wishes
gives an insight.

His first wish was that his brother
would come back.

His second was that his parents
wouldn't fight anymore.

And the third?
Fairly standard. He wanted a puppy.

Have the police canvassed
the local community?

Well, they've interviewed
his teachers and rugby coach.

Nobody has a bad word to say.

Talk to the kids, I guarantee
they'll have another story,

and I suggest you get a history
from the family too.

What should we look for?

Usual markers - pyromania,
cruelty to animals, stealing,

speech, learning difficulties,

and an unhealthy interest
in violent games and films.

Every marker points
to Max suffering PTSD.

Mood swings, emotional detachment,
self-loathing,

refusal to discuss what happened,
they're all natural.

So, in your opinion, Max did not know
what he was doing was wrong.

Not at all. Max is a scared,
innocent child.

Absolutely, he knew he was wrong
and he chose to continue.

Most children with
behavioural problems are naughty.

Max is dangerous.

WOMAN: Tatum.

Tatum, it's for you.

Yes. Open it.
(Others speak indistinctly)

TATUM: Oh! What's going on?

Tatum's going to call you. Whatever
she says you gave her, agree.

(Indistinct speech)

It is!
Show me, show me. What is it?

(All speak together)
Oh! It's a photo shoot.

(Indistinct conversations)

Baby?

Say Max is a monster
and we prosecute. What happens then?

There's no cure, no medication.

If we're successful,
he'll be in juvenile detention,

away from the opportunity
to hurt his family again.

For a limited time, where he learns
how to be a better criminal,

and is then released back
into society.

Recidivism amongst high-profile
child offenders is rare.

I mean, look at Parker and Hulme,
1954.

What, the Heavenly Creatures
murderers?

Pauline Parker is a Catholic
riding instructor,

and Juliet Hulme
is a Mormon novelist.

Well, a crime novelist.
And what about Jon Venables?

Jailed at ten, released at 18,

jailed at 27 for possessing and
distributing child pornography.

There are always exceptions
to the rule,

and don't forget, he was labelled
a sociopath at the trial.

I'm not being naive.

I know children are capable
of evil acts,

but I do believe they are led,
encouraged or forced by adults.

I can't see Max's parents
leading, encouraging,

or forcing him to kill his brother.

Well, like you said, we can't
discount any possibility.

Then let's talk to
Sean and Virginia Gardiner.

We couldn't live
in that house anymore.

The children go to new schools.
We're trying to put this behind us.

JANET: I understand how upsetting
this is.

Unfortunately, we're required
to take the allegations

your daughter made very seriously.

She's only seven years old.

She still believes
in the tooth fairy.

Are you aware of exactly
what Ella told her teacher?

That Max laughed. They were playing
a game, he thought he'd won.

He and Jake were always
very competitive.

Understood. However, Ella also claims
that Max said, 'now I'm the butcher.'

Does this mean anything to you?

Has Max experienced any difficulties
at his new school?

Like what?

Lack of friends, learning
difficulties, starting fights.

Don't all new kids get picked on?

What about troubles at home
or medical history?

I'm sorry, I don't understand what
this has got to do with Jake.

Has Max had any trouble with bed
wetting or learning difficulties?

Could you just stop
beating around the bush,

and just ask us what you really
want to know?

Virg, they're just doing their job.

No, I just want to know exactly what
you're insinuating about our son.

OK. One of the psychiatrists
who interviewed Max

believes he may have antisocial
personality tendencies.

Antisocial personality tendencies.

I'm not staying for this!

Yes, our son occasionally
wet the bed.

Yes, he's had difficulties learning.

So do hundreds,
hundreds of other kids.

We didn't meant to distress you.

You didn't see the way...
he cried at the funeral.

Max adored his brother.

Just go... go to hell.
Sweetheart.

(Sobs)

(Door opens and closes)

She still dreams about Jake,
every night...

..that he's alive.

I wish I did.

Members of the jury,
have you agreed on a verdict?

We have.
JUDGE: Proceed with the verdict.

Members of the jury,
on the charge of murder, how say you?

We find the accused, Joanne Mervich,
guilty of the charge of murder.

(Gasping)

(Indistinct whispering)

JUDGE: Call security.
We need an ambulance, quickly.

(Indistinct shouting)

How many women have to be beaten and
raped before the law protects us?

WOMAN: There she is! There she is!

My sister was killed by a man
like Ray Stone.

You're a woman,
how could you do this?

We want to hear you explain
how you could put Joanne away

for protecting herself.

I'm sorry. I had no choice.

Not at all. I'm just doing my job.
There'll be no further comments.

Excuse me. Excuse me, we're coming
through please. Excuse me.

(Indistinct shouting)

I hope you rot in hell!
Did you hear me? You and Ray Stone!

(Shouting continues)

How long till the sentencing?
Six weeks.

I don't envy Rosenberg the task.

Badrossian will undoubtedly appeal,

but for now you have my full
permission to rest on your laurels,

until Quinn's committal.

You're prosecuting Quinn?

Not if I turn down
the poisoned chalice.

We had a gentlemen's agreement.
Didn't we?

How long before the committal?

Long enough for Quinn to prepare
an extremely solid defence.

In the meantime, I've prepared
an official press release.

The DPP is calling
for tougher sentencing,

championing victims' rights,
creating a voice for the voiceless.

Such as, say,
parliamentary cleaners?

The Attorney General is just one
of many briefs

we'll be pursuing with due vigour.

Erin, I wonder would you mind
giving us a moment alone.

Close the door, please.

(Door closes)

I need a report on Erin's
professional conduct.

She's not under review. Is she?

Crying in court, apologising
to the accused's supporters

in front of the press?
It doesn't look good.

No, but I can honestly say

she's the best solicitor
I've ever worked with.

Lina.
Mr Gardiner. Is Janet expecting you?

Actually he wants a word with you.
Thanks, Tracey.

Hi. Um... Take... take a seat.

My wife, she's pregnant.
I know. Congratulations.

And it's another boy.

Are you prosecuting my son?

Well, nothing's finalised,

but at this stage there's not enough
evidence to proceed.

Max's class was... making books,

copying and illustrating their
favourite fairytale.

When we found Jake,
Max was drawing in his book.

Mr Gardiner, if you want to make
an official statement...

If Max was given the same choice,

he would've been smart enough
to take that apple.

Don't contact me at home please.

My wife doesn't know I'm here.

TATUM: Criminal history,
custodial history, AVO.

For your bail application.

Aren't you supposed to be
in court in 10 minutes?

Oh, shit! Who...
who's the magistrate?

Um... Rowland, I think.
Oh, shit!

You're welcome.

(Phone rings)

(Knocking)

You know Rosenberg'll take
battered woman syndrome

into account for sentencing.

Joanne will be out in ten years.

And Heather-Marie's getting the
psychiatric care she needs. I know.

Erin, I've spent a lot of time
apologising to you recently.

Don't. You were right. I should've
taken myself off the case.

Well, despite everything,
I'm grateful.

Pleased that you stuck with it.
It's been a real learning curve.

I'd like to be friends again,
not just colleagues.

Friends?
Clean slate.

Well, in that case, a celebratory
post-trial drink? My shout.

Paula's waiting for me.

Raincheck it is.

Everything OK?

I've made us an appointment -
a marriage counsellor.

We're seeing her tonight.
Tonight?

Are we in that much trouble?
Aren't we?

We both knew it'd be tough
to find time together

once you started working.

Oh, come on!
We both know it's not about that.

Paula, I'm not having an affair.

But?

Two weeks ago, after the view,
she kissed me.

I didn't mean to,
but maybe I encouraged her.

Why didn't you tell me
when it happened?

You chose her for the case.
You chose to take her on the view.

I expected you to be faithful.

I have been faithful.
Physically.

OK, it happened. What could possibly
be gained by telling you about it?

You know I wouldn't choose
to hurt you.

Oh, thank you very much (!)

Hm... if I could drink,
it would be a triple-vodka day.

You can have a sip.
No, I'd never forgive myself.

In case that tiny drop
creates a child like Max Gardiner.

I'm sorry. I haven't seen a case get
under your skin like this for years.

Yeah, lucky we're not pursuing it.

You really believe that boy
killed his brother?

After everything I've seen,

it's hard to believe
in innocence anymore.

Try working at a high school.

One of the kids wrote a bondage
scene for Sense and Sensibility.

Janet? Janet?

They're moving.

(Chuckles) They're really in there.

(Chuckles)

Still find it hard to believe
in innocence?

(Both giggle)

(Gulls call)

TATUM: Isn't it gorgeous?
It's very...

It's glamorous.

Its not staying there though, right?
Is it?

Oh! Well, there were six others from
the shoot. We could swap them around.

Yeah, maybe we could use
the sci-fi theme.

This one's fine.
Who wouldn't want to be us?

(Clears throat)
Hm. Just as hot as our first pash.

I'll go get my other bag.

Mate, you are a legend. Thank you
for organising those photos.

Oh, buddy! Have a great weekend and
don't do anything I wouldn't do.

Oh, except a guy. I wouldn't do
a guy but you can.

Thank you.

Richard.
Hm.

I think we're bonding. Alright.

Are we going?
Tatum waits for no man.

Yes.
See ya.

Hey!
(Both giggle)

(Sighs)
(Door closes)

♪ I like them young
I like them sweet

♪ I like them falling
On my feet

♪ I like it hot
I like it cool. ♪

Sake bomb. Classy.

There you are.
I've been looking for you.

So, now you're being nice to me.

Despite your terrible taste in shoes,
I'm always nice to you.

Except when you're giving me
the cold shoulder.

Or when you leak an incredibly
top secret file from my workplace,

but who's counting?

Come on, let me buy you a drink.

Any shot, any beer, as long as they
combine in one unholy beverage.

How about you call me
when you're sober?

Fuck off.
Somehow I still like you.

Goodnight, Erin.

(Laughter)

What the hell was that?

(Continues indistinctly)

Erin.

One sec.

You OK?

Hm.

(Birds twitter)

(Groans)

(Exhales and sighs)
'Morning.

Oh, God!
(Sighs)

Damn you, sake bombs.

We didn't.
Multiple times.

It's a bit late for that, I think.

Plus I already know you're not
a natural redhead.

Erin. It's OK.

No, it's not. It's not professional,
or smart, or hygienic.

Hygienic?

Oh, God! Lina!

Hey, just relax. We're friends. OK?
Get out, now.

What?
Don't let Lina see you.

(Door opens and closes)

LINA: Could you make anymore
noise last night?

I'm trying to decide whether the
rhythmic banging against the wall,

or the 3am 'best of the 80s'
soundtrack was my favourite part.

Sorry. I really don't want to talk
about it.

Ah! Jimmy didn't even buy you
breakfast. Classy.

It wasn't Jimmy.
Then you know what I'm going to ask.

Did you fuck Rhys Kowalski
in our house last night?

What? No.

Bullshit! Look, I know I'm friends
with Paula but you're my Erin.

No judgement, just be honest.

You seriously need a life
of your own.

My question still stands.
Nothing to tell.

Wha... Erin!

(Sighs)
(Door opens and closes)

'In the olden days, three children
decided to play a game.

One was the cook, one was the pig
and one was the butcher.'

'Now I'm the butcher.'

'The butcher cut the throat
of the pig,

while the cook caught the blood
in a pot.

The grown ups saw what happened and
arrested the butcher and the cook,

taking them to the mayor.'

MAX (VOICEOVER):'Nobody knew
what to do with the butcher,

until a wise man came up

with a special way to decide
if he was guilty or not.

The judge would hold a red apple
in one hand,

and a gold coin in the other.

The judge would ask the butcher
to choose.

If he chose the apple,
the children were innocent.

But if he chose the gold coin,
the children would be put to death.

The butcher took the apple.

Everyone was happy and the butcher
never got in any more trouble

for what he did.'

'Max would be smart enough
to choose the apple.'

He knew exactly what he was doing.

RICHARD: You ready to give evidence?

I want this finished. I want him
locked up, out of my head.

You're tougher than you think.

TRACEY: Witnesses are to be
molly-coddled, not manhandled.

I didn't manhandle her.

You placed your hand on hers which
could be construed as affectionate.

You can't take me off the case.
Tina needs me.

The white board has spoken.

You need to tell us everything
you can.

You know kids.
They'd be terrified of you.

Max looks like a normal kid,

but if you really look, there's
something else behind his eyes.

We have to take your husband's
statement into account.

He's not even Max's real father!
Did he tell you that?

Closed Captions by CSI

♪ You know I get up early
I come home late

♪ You can crack that whip
but I'm miles away

♪ I wonder how long
I gotta stay here for

♪ Hell, glamour to the very core

♪ Singing what do I do?
What am I to do?

♪ What do I do?
What am I to do? ♪