Original subtitles

Previously on JAG. You want to slug it out?

I'm all for it.

Stow the knife.

Oh, I'll stow it. Then you cut yourself, bastard.

No,

stop! Ian, stop!

One of our sailors was murdered.

Apparently the Aussies have apprehended the suspect.

Commander Brumby has requested our assistance.

Oh, Gunny, it is wild down here. I haven't seen so many naked breasts

Since when, bud?

Harriet?

Down here we go around the burgle to the left, mate. I didn't murder him!

I don't believe you. Don't you care if your husband's convicted of murder?

Why don't you just put it on the penny?

Yeah, but you're in Australia, mate. We're an Aussie bikini.

I'm afraid to ask. Oh, no worries. It's a two -piece.

Hat in the bottom.

Sir?

Is that Clayton Webb?

Hey, Mr. Webb!

What kind of mission would he be on in Australia, sir?

He's one of ours, Mick. He might be one of yours, but he murdered one of ours

and he did it here.

So he'll damn well be tried here.

Jenny, you've just told us exactly what Kevin told us.

That's what you wanted to hear, wasn't it? No, I want to hear your recollection

of what happened that night, not Kevin's.

You don't want to know what I remember, Commander.

What I remember will hang him.

Sir?

Is that Colonel Mackenzie Topless?

Oh, hi.

Isn't this wonderful?

Wonderful.

Oh, hey, bud. Did you get my message about dinner tonight?

Uh, yes, ma 'am. Uh, dinner? Sounds great.

Uh, white up. I'll assume we'll be having dinner, Mick.

Don't assume, Mick.

Hey, bud, let me give you these picture targets then.

Thank you, ma 'am.

He's gotten so big.

It's only been two days, mate. Well, it changes every day, sir.

What?

Brumby, you questioned the witness without talking to his lawyer. It's

unethical. I'm not sure if that's true.

Even if she was his wife, which she wasn't. They've been married for 28

A bigamous marriage. He already had a wife.

Would you two save it for court? I'm trying to defrost here.

Well, don't overexpose yourself. You'll burn.

Don't worry, mate. I rubbed it down with plenty of sunblock.

Sir, isn't it time that we go?

Sir?

Yeah, as they say.

Bores a crowd.

Hey, how about dinner tomorrow?

I'll call.

Hi, mate.

Don't forget your wigs when you come to court.

Wig?

Good night.

Unbelievable, sir. She ate three dozen oysters. She sucked them right out of

this shell.

Mac has always eaten everything to excess, bud. Yeah, but that wasn't the

part, sir. Her main dish was a bug.

Actually, it was some sort of shellfish. But still, to eat anything called a

bug.

She's going to be disappointed at dinner tonight. She's going to have to settle

for it.

There he is again.

If you want, I'm free.

What is he up to?

Close the trap door.

Australian perukes were never up to English standards.

Rather shoddy workmanship, if you ask me, sir.

But then, of course, this country was settled with convicts. So what can one

expect? Are these really made of horsehair?

Finest in England. This wig required 100 hours of hand -weaving to fabricate.

And then, of course, it had to be bleached and curled.

Oh, of course. We import them from Ravenscroft.

They've been making wigs since the war of the insurrection.

Oh, that's a war I haven't heard of. I believe you Americans call it the

Revolutionary War.

Oh, that one.

If I may say so, sir, you were born to it.

Thank you, Mr. Clutterbuck.

Oh, my.

It is fortunate that as a solicitor you are not required to wear a wig.

Well, we would need to find... I know.

A bigger whore.

One French and the other German?

Or Dutch.

We weren't sure.

The woman he was speaking with at Circular Quay was definitely French,

Didn't know Webb was multilingual.

Maybe he's not.

Both women were stunning, though.

Are you saying that a man doesn't need to understand a woman as long as she's

beautiful?

Even speaking the same language, what man understands a woman?

You're referring to me.

Let me guess. You don't understand why I went to the beach with Mick.

That opera house is really beautiful, isn't it?

It's smashing. So what... bothered you that I went to the beach with him or

you thought I was topless?

You weren't.

Harmon, Rab, you are a prude.

I am not.

Look, I don't care if you want to go topless. You do if it's in front of

You work with the guy, Mick.

You wouldn't go topless in front of me, would you?

Is that a request?

You know, they wrote eternity on this bridge in lights on New Year's Eve.

Is that how long we're going to wait?

Mac. We're not in Washington.

We're not even on the same continent.

Location doesn't change who we are.

I don't know if men would disagree with you.

I know.

I disagree with me sometimes, too.

You're just this way with me, aren't you?

You're going to take me to dinner.

You in a park.

I'm in a park.

Well, you like hot dogs. And what is Mr.

Practically a Vegetarian going to eat?

A corn dog?

This is where Seaman Dunsmore died 28 years ago.

Betty Austin Lee's wife said she screamed, but she couldn't be heard

the noise from the park.

I don't know how noisy the park was that night, but I think we can assume that

kids haven't gotten quieter over the years.

You know, Harm, I think it's also safe to assume that there's no evidence here.

Plenty of room for a knife bite.

Your defendant killed the Aussie with a knife?

He didn't kill him.

Dunsmore fell on his own knife.

It was an accident.

And how did he do that?

Dunsmore came at Lee with a knife.

They struggled.

Lee got behind him like this.

Uh -huh.

You know, if this wasn't a reenactment, I'd have you on the deck with my foot on

your neck.

They struggled, crossed the dock, tripped over cleats.

There are no cleats. The ferry ties up the piling.

Maybe there were cleats in 72.

All right, say there were cleats.

Where would they be?

Well, they'd be right here where the ferry's tied up. So how would two men

struggling with a knife trip over a cleat and fall in the dock?

They wouldn't. They'd go right into the harbor.

Mom, your client is lying.

You said that Stephen Dunsmore tripped over Cleet on the dock.

That's right.

These photos of the dock were taken 28 years ago. Show me the cleat.

I don't see it.

Neither do we.

There were no cleats on that dock.

Maybe it wasn't a cleat. Maybe he tripped over a loose plank or his own

Jenny said that Ian tripped over a cleat, too.

So we were both mistaken.

Or she's just repeating what you told her to say.

I just told her to tell the truth. She's afraid to tell us the truth.

What? She said we wouldn't want to hear it, that it would hang you.

You're lying.

Jen would never say that.

We have no reason to lie.

Oh, you're trying to trick me.

Right, to prepare me for the trial.

I just don't want any surprises at the trial.

I've told you the truth. Maybe it wasn't a cleat.

But Ian attacked me, we fought, and he fell on his knife. I can't explain why

Jen would say what you said she did. She knows what happened as well as I do.

Blair.

I... I never told Jen about my first marriage.

She was so angry when I told her yesterday, she took a poke at me.

Maybe that's why she said what she did.

Throw a good scare in me.

Which she's done.

I haven't lied to you, sir.

Everything happened the way I said.

You've got to believe that.

Doesn't matter what I believe, Petty Officer Lee.

It's what a jury believes.

All rise.

Any persons having any business before the court, give your attendance and you

shall be heard.

God save the Queen.

The Queen versus Petty Officer Kevin Lee.

On the 1st of May, 1972, in Luna Park, Sydney, Australia, Petty Officer Kevin

Lee of the United States Navy is accused of stabbing to death Seaman Ian

Dunsmore of the Royal Australian Navy.

How do you plead?

Not guilty.

Your Honor, I appear for the defendant, Petty Officer Kevin Lee, Commander

Harmon Rabb, United States Navy, Judge Advocate General Court.

Welcome to the Supreme Court of New South Wales, Commander.

We appreciate you wearing the proper attire, which the court realizes is

unaccustomed to you.

It is our pleasure to honor the petition, Your Honor. The court also

Commander Brumby and his associate from the prosecution.

Thank you, Your Honor. You ready to make your opening statement, Commander?

I am, Your Honor.

Proceed. I wish to make a motion, Your Honor.

I haven't even begun.

The motion is to dismiss the charges as presented by the prosecution, sir.

Commander, until I hear the prosecution's case, I've got nothing to

I understand, Your Honor, but the charges read states that Seaman Dunsmore

murdered the night of May 1st, 1972.

There is no proof that Seaman Dunsmore is dead, let alone murdered.

Does the Learning Council really wish to waste a course of time calling in

witnesses to verify the veracity of the police reports?

We do not, sir, but my client is charged with murder.

Nowhere in the police reports does it say that Seaman Dunsmore is dead. In

sir, those reports indicate Petty Officer Kevin Lee is the deceased.

Your Honor, the body was mistakenly identified 28 years ago because you

switched uniforms and ID tags to mislead the authorities.

That is pure speculation, Your Honor. Your Honor, the United States government

has even returned the body to Australia to be buried.

It's obvious the person murdered that night was Seaman Dunsmore.

Obvious, Your Honor.

For nearly three decades, the body was obviously that of the accused.

Commander Brumby, do you have a positive identification of the body in question?

The remains have only recently been returned, Your Honor, and are undergoing

Navy dental identification as we speak. A man is in the dock accused of

murdering Seaman Dunsmore, and you cannot legally prove the so -named

even dead?

I assure you, Your Honor, the body in question is Seaman Dunsmore.

Well, that might be so in your mind, but that is woefully insufficient for this

court. I don't want to see you again.

until you've got a proper indictment. Yes, Your Honour. My apologies, sir.

Your Honour, I request the accused remain in police custody pending

identification of the victim. I object, Your Honour, since there is no further

indictment against my client, he should be set free.

There's no indictment because of a technicality.

Address yourself to the court, Commander Brumby.

Your Honour.

The police have sufficient evidence to show that the accused was at the Lunar

Park dock the night the soon -to -be -identified victim was murdered. That

night, Petty Officer Lee deserted the United States Navy, and it has taken 28

years to apprehend him.

He's a flight risk, Your Honor.

Your Honor, I request that the defendant be released into the custody of the

United States Navy, which has a legally proper indictment against him for

desertion. Your Honor, if he's released to the United States Navy, he can be

returned to the United States for prosecution, and this court may never

jurisdiction.

And do you intend returning him to the United States, Commander?

Not until he's cleared of all charges here in Australia, sir.

The defendant will be remanded into the custody of the defense.

This court is in recess until further notice.

Oh,

God, the media. Keep it brief. No worries.

Can I ask you, are you surprised that the Supreme Court released you today?

You betcha.

Of course, I was surprised to be charged at all. So you deny committing the

murder? Right, I do.

Listen to his accent.

He's a bloody thespian.

Well, they seem to like it.

Press cards aren't even harmed. It's only delayed the inevitable.

Wouldn't be so sure, Mick.

Who are you rooting for, Mick?

This isn't a soccer match.

Yeah, you're right.

It's more like a bloody pub fight.

Well, if you insist that you're not guilty, then why did you run 28 years

No comment. That'll be all. Well, if it's a legitimate question, then why did

you run? You're a bloody super murderer!

Let him go, Grumpy. You let him go.

I

don't

know whether to kill Hall or take the cat to you.

After 10 ,000 miles, I want to do both.

A Royal Australian Naval officer does not behave like a pub -crawling brawler.

You struck a junior officer? Broke his bloody jaw!

In two places?

What possible excuse could you make to defend this reprehensible act?

None, sir.

Sir, Lieutenant Roberts has mitigating testimony to offer.

They broke his jaw and he wants to defend them?

Yes, sir, he does.

Sir, it was an accident.

What the hell did he say?

He said it was an accident, sir.

How the hell could it have been an accident?

He says they were defending themselves, sir. It was a fight they didn't start.

Lieutenant Roberts got caught in the middle. You understand him, Colonel?

Yes, sir, every word. Amazing.

That will be his testimony at a judicial hearing, sir. He's letting them off the

hook.

He might, but by God, I won't, Captain.

Will you accept a non -judicial punishment for your actions? Yes, sir.

because you'd have gotten it anyway. Follow me.

Aye, aye, sir.

I always did like yanked seals.

At ease.

Strip your blouses.

Don't come out until you have administered pain equal to what you

Lieutenant Roberts.

That is an order.

I answer. I answer.

All right.

Any persons having any business before the court, give your attendance and you

shall be heard.

Guard, save the Queen.

Commander Rapp, have you been in an accident?

I have, Your Honor, but I'm quite ready to proceed.

Same accident, Your Honor.

But I, too, am ready.

Proceed.

The Queen versus Petty Officer Kevin Lee.

Your Honor, now that the deceased has been identified by the coroner, we

stipulate to the charges previously read and reinterrupt, leave not guilty.

Very well.

Commander Brumby, you may make your opening statement.

Thank you, Your Honor.

Ladies and gentlemen of the jury, the Crown will prove beyond a reasonable

that 28 years ago...

Petty Officer Kevin Lee, a Yank sailor on liberty at Luna Park, did coldly and

with premeditation stab to death Seaman Ian Dunsmore of the Royal Australian

Navy.

The defence, of course, will deny this.

They will claim that in a fracas with the accused, our young sailor

stabbed himself to death.

But if that's true, why did he run off?

And why did he desert his shipmates in a time of war?

And why did he abandon a wife and a baby back in the United States?

And why did he hide out in Australia, a country foreign to him, under an alias,

for the last 28 years?

He did so because he knew his story was a lie.

And he knew that if the evidence was ever presented to a jury, that he would

found guilty of murder in the first degree.

Thank you.

Give it an eight.

Eight -five. That our young sailor line was good.

The defense may present their opening statement.

Ladies and gentlemen of the jury, we do not deny that Petty Officer Lee deserted

the U .S. Navy, but he's not on trial for desertion.

We do not deny that Petty Officer Lee abandoned a wife and a child in the U

but he's not on trial for abandonment.

We do not deny that Petty Officer Lee has lived in Australia for the past 28

years, but he's not on trial for illegal immigration.

We do, however, deny that Petty Officer Lee murdered Seaman Ian Dunsmore, and

that is what he's on trial for.

We will prove to you that 28 years ago, Seaman Dunsmore...

In a jealous rage, attacked the defendant with a knife.

And in the ensuing struggle,

Seaman Dunsmore fell on his own knife, self -inflicting a fatal wound.

The defendant you see in the dark is not the same confused young boy who

panicked and ran that tragic night.

This man, older and wiser, would have stayed and proven his innocence.

What the boy didn't do that night, this man now will.

Thank you.

It's a tie.

I agree, sir.

Chief Chewy,

if Ian had split with Jenny, why would he start a fight?

He wouldn't.

I have here Crown Exhibit 3, the knife found at the dock by police and

forensically matched to the fatal wound in Seaman Dunsmore's body.

Have you seen it before?

Never. So it didn't belong to Seaman Dunsmore?

No way.

How can you be so positive?

Ian and I were shipmates on the Swan for three years. Never knew him to own a

knife. Thank you, Chief.

Your witness, Counsel.

Chief Toohey, what is a folding navy knife?

Is it not issued to every royal Australian sailor?

Yeah, but it's not a spring blade.

So, contrary to your previous testimony, Seaman Dunsmore did own a knife.

Were you present for the fight between the deceased and the accused?

If I had been, Enid be alive today.

Your Honor.

Refrain from the commentary and respond to the question, Chief Tui.

No.

I wasn't there.

Then you couldn't possibly know who started the fight or who pulled this

could you?

It wasn't Ian. I can tell you that.

No, you can't, Chief, because you weren't there.

I have no further questions for this witness, Your Honor.

Witnesses, excuse.

Crown may call its next witness.

The Crown calls Miss Jenny Brooker.

Objection, Your Honor. The witness is the defendant's wife and cannot be

by the prosecution.

Your Honor, I have here a copy of a notarized marriage certificate from

Nashville, Tennessee, stating on August 4th, 1967, Kevin Lee was married to a

Miss Annabelle Carter.

Since there is no record of this marriage ever being dissolved, Kevin

subsequent marriage to Janie Brugger was bigamous, rendering it null and void.

I do have documents to present to the court, Your Honor.

First, There's a notarized copy of Petty Officer Kevin Lee's death certificate.

Your Honor, this is ludicrous. Kevin Lee is present and sitting in the dock. He

is obviously not dead.

He is in the state of Tennessee.

The second is a ruling by Judge Robert Boyd of Boone County, Tennessee,

affirming that the marriage of Annabelle Lee and Peter Hayes six months after

Petty Officer Lee was declared dead is her only true and legal marriage.

I submit that if the marriage of Peter and Annabelle Hayes is legal, then so is

the marriage of Kevin and Jenny Lee. Your Honor.

Very creative, Counselor.

This is New South Wales.

It's not Tennessee.

Objection overruled. Court will take a 30 -minute recess, after which the Crown

may call Miss Brooker. All rise.

He said he feels helpless.

Keep covering my back, bud.

He said, thank you.

How is it that you're the only one who understands him?

Well, my father's jaw was wired when I was a kid for three months. I guess it's

like learning a foreign language.

He said he'd rather be speaking French.

Ouch.

Broken rib?

Ribs, too.

I don't think it took much forcing, bud.

What did he say?

That, uh, you deserved what you got.

Relax, bud.

I know you didn't say that.

Whatever it was, he struck a chord.

Did you enjoy watching two men fight over you?

Objection, Your Honor. Argumentative and irrelevant. Where's this going?

Sustained. Sir, would you admonish the prosecutor to stand a respectful

from the witness?

My apologies, Your Honor.

Miss Brooker, you claim Ian came looking for you and the accused.

Yes. Well, couldn't he simply have been going to the dock to catch the ferry

like you?

I suppose.

Were you and the accused alone on the dock when Ian arrived?

Yes. Angry words were exchanged?

Yes. Who spoke first?

I don't remember.

But you remember who pulled the knife?

Yes, Ian.

Your Honor, I request the witness step down so she can demonstrate precisely

events as they occurred that night.

Granted.

Permission to approach the witness, Your Honor.

Granted.

Assuming that you're Ian, will you demonstrate how we open the knife?

Do you know how to open the knife, Miss Brooker?

What happened then?

They grabbed it.

Yes! And Ian fell.

Yes! Like this.

Objection, Your Honor. The Crown is staging this fight according to his own

script. He didn't fall on the knife, did he, Jenny?

Oh, God, no. Your Honor. Kevin pulled the knife, and Kevin stabbed him, didn't

he? Your Honor, I object.

Yes. Why are you saying this, Jen? I can't lie to anyone, Kevin. I can't lie.

Order. Order in the court.

Why? Why would Jen lie?

There are only two possibilities.

Either she's telling the truth.

She's not.

Or she wants to see you incarcerated for the rest of your life. No.

No, Jen would never do that. Why would you say such a thing?

Because your wife has just convicted you in there.

Why would she lie? And don't tell me she's angry you didn't tell her you got

married 30 years ago.

Why?

I put everything in Jen's name after I was arrested.

The boat, the restaurant, the house, everything.

She said we shouldn't have any assets in my name if I was convicted.

What for?

There's your reason.

I still can't believe that Jen never cared about money.

She's always wanting us to go back to Urgulka.

You don't need much to live there. Could your wife be having an affair?

No.

She loves me.

She been away from home lately?

Weekends? Nights?

Well, we're always working our bloody arses off at the restaurant.

Except two nights a week, Jen takes an art class at some gallery in the rocks.

She likes to paint.

They still in there?

Or for art school.

Publican tells me the townhouse is owned by Harold Storm.

He runs the art gallery here, specializes in aboriginal art.

You know, they had a lot of aboriginal art on the walls at Uluru.

Is that what you just said?

Give me the camera. You can't run with that trickney.

You're just gonna have to learn how to drive a boat.

You alright?

How long has this affair with Harold Storm been going on?

A while.

Did you ask your husband to transfer all his assets into your name?

Yes. The defendant didn't pull a knife on Ian Dunsmore, did he?

No.

Ian fell on his knife while they were fighting.

Would you speak up, please?

Ian.

Fell on his knife. It was an accident.

Why did you lie?

Because I wanted Harold.

And Harold wanted the money.

Oh, Jan.

We find the defendant, Petty Officer Kevin Lee.

Not guilty.

Petty Officer Lee, you are hereby exonerated of all charges and remanded

the custody of the U .S. Navy.

This court is adjourned.

All rise.

Thank you.

Thank you.

So what happens now?

We fly you home to face the desertion charges.

Will there be a court -martial? It's not likely. If you make financial

restitution, you'll probably get an administrative separation.

So when do we leave? Tomorrow afternoon. You'll be in Lieutenant Roberts'

custody until we reach Washington.

Marshal. I reckon I'm pushing it, but... Can I have tonight?

You're right. You're pushing it.

I'll make that flight, Commander.

But I gotta put things right between Jen and me.

It's all my fault. All those years of living in fear.

I can't blame Jen.

And I still love her.

One night to put it right, sir.

All right, but you run. I won't.

Thank you, Commander.

I'll get my gear together and meet you tomorrow at 1500 hours Qantas departure

lounge. I'll be there, sir.

Thank you again.

Congratulations, Arm.

Didn't think you could beat me on my home court.

The wig made it an even playing field.

Didn't take him into custody.

Now, he's not going to run, Mac. Now all he has to do is pick up a few papers to

be free. Congratulations, Commander.

Thank you, sir.

Me too.

I'd have expected more than a handshake if I'd won, Mac.

Well, you always expect more than you deserve.

Mac, I'm leaving tomorrow. Would you like to have dinner tonight?

I'd love it, sir.

Great. I'll see you at the airport, Harm.

Admiral.

Well, you win some, you lose some.

I can't believe you're wearing a formal dress uniform.

Special occasions call for special attire. We're just having dinner, Mick.

We're having more than that.

Don't presume, remember?

I'm not.

I'm talking about having a serious discussion.

I know you like me.

Of course I like you, Nick.

I'm in love with you, Sarah.

Shh.

For once in your life, just listen.

I've loved you since the moment I first laid eyes on you.

I've never acted so foolishly or ached so hard in my heart in all my life.

No, let me finish, please.

While I still have the strength, I knew that getting you to love a knocker like

me would take a miracle.

I'm praying one more fall for the Southern Cross tonight.

Oh, God.

It's impossible, Mick.

Once you'd have said me holding you in my arms under the Southern Cross would

impossible. You're right.

I mean, I know it won't be easy.

God knows we've got a lot to work out.

Your career, mine.

But I'm willing to make any sacrifice.

Any.

If you'd just be my wife.

Time to think.

Yeah.

Absolutely. Yeah.

Well. In a more important time.

Where's my ring?

I can't.

On your right hand.

Until you decide.

Then all you have to do is swap it over to the other.

Or not.

the boat we saw in the video in court yesterday?

That buck.

Jenny's affair was a setup.

The jury wouldn't believe a loving wife, but they would a cheating wife who was

trying to convict her husband.

Kevin wanted Harm to catch the matter and then break her on the stand.

God, it's brilliant.

Well, I can't try him again. It'll be double jeopardy.

He just got away with lying murder.

If you kiss me in front of the Admiral, it's over.

It'll just be a comradely peck on the cheek.

Talk to Harriet yet?

Not right now.

You know, the wire jaw should get you some slack.

Gentlemen!

What happened to you two?

Never mind that, Webb. What the hell have you been doing down here anyway?

Sorry, can't say.

But thanks for not busting my cover.

That's me.

I'll see you on board.

First class?

Did he

show up yet?

Not yet.

I can't wait to see the look on that bastard's face. Oh, very calm.

Told you I'd be here, Commander.

So you did.

No hard feelings?

I know you were just doing your job.

None at all, mate.

Is something wrong?

On the contrary.

Something is finally right.

Lieutenant Roberts?

Is that really necessary?

What's he saying?

He's reading you. You're right.

You get things straightened out with Jenny?

Oh, yes, sir. Thanks to you.

Jen never really loved the bugger.

We're moving to Wulgunga when I get back. Make a fresh start.

Are you taking the boat?

Ma 'am? Oh, the boat that you and Jenny and Harold were on last night.

Should have waited till after the court -martial to celebrate, Kevin. Though we

can't try it for murder one again.

I am going to nail you for desertion in a time of war.

I hope you go for the death penalty, mate.

Absolutely, mate.

You'll never get into life without parole as a slam dunk, Mr. Roberts.

Take this deserter on board.

All right, sir.

Beginning to understand him.

Colonel, are congratulations in order?

It's on the right hand, sir.

Ah, so it is.

Friendship free?

For now.

Let's go, people.

I love you, Sarah McKinley.

Oh, Mick.

Samantha.

Never look back.

Nothing.