Original subtitles

Please don't touch me.

The Keli Lane case is like no other.

REPORTER: A murder mystery... MAN: She's a murderer.

The golden girl who ended up a baby killer.

MAN: There's no way she'd kill her baby.

REPORTER: Baby Tegan was never seen again.

MAN: Nothing was found. Not anything.

It doesn't add up.

Lane told more than 95 lies.

MAN: She hadn't told a single, solitary person in her life.

MAN 2: There is only really one person

who can tell what happened, and that's Keli Lane.

(RINGING TONE)

AUTOMATED VOICE: Go ahead, please. (BEEP!)

KELI LANE: How are you? I'm OK. How are you?

Yeah, good. Good. Good.

Where I want to take you today is a...

It's a very powerful and a distressing point in time for you.

Yep.

I want to take you to the day of the verdict.

Yep.

Everybody kept saying to me, "The case has gone well.

"The trial has gone well."

Random barristers and solicitors were coming into the court

and telling me, "You'll be OK.

"You're not going. We've never seen a trial unfold like this."

(BEEP!)

And, you know, I had the tingling.

I remember standing at the window in the room upstairs

looking out the window, and I could hear the jury downstairs.

And I was just petrified.

(BEEP!)

(SIGHS) (CALL DISCONNECTS)

(GROANS)

Do you remember the last... that morning at home?

It was your last morning at home.

Yeah, yeah. Well, I didn't... Did you say your goodbyes?

I didn't do anything different to any other mornings,

because I didn't know it was going to be my last,

so I literally left the washing-up in the sink.

I got my daughter ready for school.

I kissed her goodbye and said, "See you this afternoon."

And then I never went home.

I don't know that I could have parted from her.

And I...

I don't know that I could have said goodbye to her.

(CRIES)

It hurts as much today as it did then.

(BEEP!) (CALL DISCONNECTS)

Had no idea she was... she was going down.

In her mind, no idea.

REPORTER: Keli! Keli!

It's really quite rare for people to be convicted of murder

where there's no body.

And the law is to the effect that be very careful

before you go convicting people

where there's no body,

'cause there is always a possibility

that the person you're convicting is innocent.

So, the inquest finishes in 2006.

And by then Tegan would be 10 years old.

So the case is referred to the homicide squad,

and this is the officer who takes over.

OK, so this is Sharon Rhodes, Detective Sharon Rhodes.

And she has to reinvestigate the whole brief.

So, Sharon is absolutely key

because she is the one that brought Keli Lane to trial.

What we know is that Sharon Rhodes has left the police force.

She's no longer serving.

So we're going to see her at her place

to see if she will speak to us.

She said when she was contacted by us, "How did you find me?"

And was very shocked. There was a silence on the phone.

She's worked very hard, I think, to become anonymous and not be found.

Is this the first time you've ever sat down

and spoken to people about this outside...

Absolutely.

I didn't want to talk about it for a long time.

It's taken me a long time to feel comfortable enough

to be able to speak about this.

There was a lot of pressure with this,

more pressure than I'd ever felt with any other matter.

You know, yes, I got a guilty verdict -

my team and I got a guilty verdict.

I would happily give all of that back

to have not almost lost my mind.

I wanted to find Tegan.

I wanted to find her and put her to rest

because I think she'd be a tortured soul.

REPORTER: This may be Tegan Lane's final resting place.

Police are taking a closer look

underneath a suburban home in Sydney's north

to follow a new lead.

SHARON: It was about getting evidence to charge Keli,

and put Keli before the court.

It's also about finding Tegan.

MAN: Is that property connected to the father of the child?

We don't know that. We don't know who the father is.

At the time her boyfriend, Duncan Gillies, lived in the home.

SHARON: Keli went there so often

because she was going out with Duncan Gillies

and that was his house,

that I typed up the warrant with the belief that if Tegan was anywhere,

that Keli had taken her to Venus Street

and disposed of her remains there.

They're grid searching it.

It's the only way we can ensure that we cover all of it.

She wasn't under the house. She wasn't in the walls.

She wasn't in the roof. She wasn't in the backyard.

She wasn't anywhere on that property.

(RINGING TONE)

SHARON: I remember one of the phone calls,

Keli made the comment on the day we did the dig at Gladesville

and she said, "They can dig to China for all I care."

And I could hear the confidence in her voice.

(LAUGHTER)

How do you account for that confidence?

Well, there was no way we could find who the father was

because there's no DNA.

She had sufficiently muddied the waters

with the Andrew Morris-Norris... line of inquiry.

We needed to identify the fathers of Keli's children,

and we needed to have a bank of DNA available

that if we did find remains or if remains of Tegan were ever found,

we could, um, check them against our bank of DNA.

How did they respond when they found out?

Gutted. Absolutely gutted.

Who was Tegan's father?

I think it's a question we'll never know unless we find Tegan

and get her DNA.

SHARON: We tried. We really tried.

I used every trick in the book.

An undercover strategy, covert DNA samples.

Every resource that was available.

There was nothing. There was absolutely nothing.

But she didn't say, "I killed Tegan."

No. No, not at all.

We didn't have...anything.

So, we have this document here.

"The evidence does not establish a motive beyond reasonable doubt."

Because we didn't have...

It was a belief, it was my gut instinct.

By November 2008, to be completely honest,

we hadn't reached the standard of beyond a reasonable doubt,

so we weren't in a position to charge Keli Lane at that point,

so I sought legal advice.

So hadn't...hadn't met the bar for murder.

Hadn't met the standard of proof required.

After, gosh, two years' investigation with Homicide,

several years with Manly,

a coronial inquest...

It still wasn't there.

So we wanted...I wanted to know whether or not, um...

..it would ever get there or were we wasting our time

and should we stop the investigation.

And that was why we then sent it to the DPP for legal advising.

MAN: When this matter came to me, it was a large matter.

This was an unusual case

in that it was the possibility of a murder charge without a body.

And that meant that the other circumstantial evidence

had to be pretty compelling

to justify bringing the proceedings.

What was your own view?

My own view was that there was a case of murder to be prosecuted.

It raised all sorts of values.

The relationship between a new mother and child,

the idea of child-killing,

which is so abhorrent to the community generally,

the nature of the accused and her conduct over a period of time.

That made it important.

That meant it got priority over other cases.

Was she a risk to the community?

(CHUCKLES)

I mean, motherhood is important, and the value of that, but...

I don't think Keli Lane was a risk to the community

in that she would go around killing other people's babies.

Um, she seemed to be a bit of a risk

to the virile young male portion of the community.

But that's not grounds for putting her in prison, of course.

(CHUCKLES)

WOMAN: She came here and saw us at home.

It was in the evening.

We were entertaining some people

and we had to ask them to leave

and, um, that's when she told us.

What did she say? She just said straight out.

"I've been charged with the murder of a baby."

I mean, I was so shocked.

Was there ever a moment, Rob, where you sat down with Keli

and just asked her point-blank,

you know, "Could you have done something? Did you do anything?"

Of course I did, yeah.

And she just said, "Dad," you know, "it's me," basically.

Mm.

A Sydney woman has been charged with murdering her baby daughter,

who has been missing and presumed dead for 13 years.

This is big.

WOMAN: Keli and her family are devastated by these charges

and will strenuously defend them.

And I cried.

I just sat there and cried and just sort of, like, a relief.

Tears of joy in terms of, like, something, you know,

done for Tegan, finally.

MAN: The infant was last seen alive when she was just two days old

in September 1996

as her mother took her from Auburn Hospital.

My friend rang me and said,

"Keli Lane's on the front page of the paper."

And I went, "Really?

Picked up the paper, and went, "Oh, my God!"

WOMAN: Keli maintains her innocence

and will continue, as she has done in the past,

to assist in the search of Tegan,

whom she believes to be alive, well and happy.

How can this be someone we know?

Keli, what do you have to say to the charges?

Please don't touch me.

Have we all been...

..hoodwinked as to who this person is?

Like, it doesn't make sense to me.

Do you think Keli Lane harmed that child Tegan?

No way.

No way.

There's no way she'd kill a baby

that she would have held in her arms at some stage

and looked into its eyes, you know.

No way!

What sort of prosecutor did you need to handle this matter

and handle it successfully?

NICHOLAS: This was a case that called for

a very experienced prosecutor,

someone in the top echelon of prosecutors.

REPORTER: For more than two decades, Crown Prosecutor Mark Tedeschi

has been the star performer

at the most infamous murder trials in the country,

and the prosecutor defence lawyers love to hate.

SHARON: Mark is formidable in court.

The number one top prosecutor in the state of New South Wales.

He's a formidable opponent, um...

And he plays to win.

NICHOLAS: Mark Tedeschi is sometimes,

or has sometimes in his career

been a controversial prosecutor.

The career of Australia's highest-flying prosecutor

is under attack

after a scathing judgement from the New South Wales Appeal Court.

I'm enormously relieved to have finally been exonerated...

The Court of Criminal Appeal accused Mr Tedeschi of unfairness.

NEWSREADER: In fact he's the only prosecutor in the state

who's ever faced a legal tribunal

over allegations of professional misconduct.

To date, though, not one complaint has ever stuck.

I have an interview with Mark Tedeschi.

Wow! OK.

The crew's already here. Good luck.

Perhaps, before we begin, the correct pronunciation of my name.

Mark Tedeschi.

I was the lead prosecutor in the trial of Keli Lane.

It was entirely a circumstantial case.

We had to prove death without a body,

we had to prove that whatever happened to baby Tegan

that she was deliberately murdered by Keli Lane.

There's no evidence of a death, no evidence of a body,

no evidence of a homicide,

there's no witnesses, there's no confession.

It became very obvious to me

that in order to conduct the case,

it would be necessary

to lead evidence about the other pregnancies that Keli Lane had had,

and in particular, the other two births which she had had in secret -

to get evidence admitted into a trial

that has nothing directly relevant

to the case in question.

MICHELE: This was incredibly damaging for Keli,

because the prosecution had no case.

The only case they could make was one that they constructed

around the lies that Keli had told on the adoption papers.

That opened the door to her previous sexual history,

all of the previous pregnancies,

and with the associated lies that she told,

when she wanted to hide what was happening to her

from her family and friends.

And the net effect of that

was that this built Keli up as this progressive liar.

My name's Anthony Whealy, QC,

and I was the presiding judge in the trial of Keli Lane.

Yes, Mr Crown.

How smart was it for the prosecution

to attach those perjury charges to murder charge?

You would say that that's a smart move, from a forensic point of view.

Where you've got charges that, on the face of it,

bear no relationship to the principal charge,

you would normally say to the defence counsel,

"Well, why don't you want to get these off?

"What have they got to do with the murder charge?"

I awaited an application from the defence

to strike those perjury counts from the indictment

and it didn't come.

I asked the counsel bluntly,

"Would you like to make an application to the court?"

You asked the defence counsel,

"Would you like to strike the perjury charges?"

I did, yes, I did. Mm, yes.

Uh, you could say I dropped the hint.

But it never happened.

What did your defence team tell you

about whether to sever those perjury charges or not?

She was now exposed to a serious attack on her credibility

that wouldn't otherwise have been available.

What people forget is Keli was very young.

These are lies that a young, scared person might easily make.

What was your defence team's strategy?

Well, it was that I was innocent.

They said, "You don't have to justify yourself.

"You don't have to put up a defence. They're the rules of the court."

There are so many questions for the defence, you know.

What was their tactic at the trial? What was she instructing them?

Was she listened to?

And we won't know, we won't be able to find out, probably,

unless they speak to us.

So, her defence solicitor...

..is Ben Archbold.

He represented Keli at the trial.

What do we know about Ben Archbold?

We know... What's his career path?

His experience?

We know he's a former Victorian police officer.

He was a contestant on Big Brother several years ago.

The reality show? The reality show.

(RINGING TONE)

Hello. Can you hear me?

Hello? Ben?

Hello?

Just hang on a minute.

Ben Archbold?

Hello?

Yeah. Just hang on a minute. I've got a new phone now.

You there, ABC?

Ben, we had a chat late last year.

You said that yes, you'll meet with me.

You said that, and your exact words were,

you'd do anything to help your former client, Keli.

We're coming to you as, in your role as her solicitor,

her defence solicitor at the trial,

'cause there's information that we've obtained

that we really need to discuss with you.

(PHONE BEEPS) He's just hung up on me.

Ben Archbold was assisted by Kathryn Laurie.

Kathryn Laurie.

Oh, hi, Kathryn. It's Caro Meldrum-Hanna here.

How are you? From ABC.

She said, "I don't want to proceed."

(PHONE BEEPS)

They were instructing Keith Chapple, barrister,

who ran the case.

As I understand it, Keith Chapple, he only had around three weeks

to get on top of the brief before pre-trial began.

This is a particular instance

where three weeks doesn't sound like enough to me.

Why not enough? Explain that.

Well, because there's a mountain of material.

I mean, and the devil is in the detail.

So, should we call Chapple now?

Thanks, Keith. Bye.

Oh, he's out until lunch. OK.

It's just rediverting, rediverting. No-one's picking up.

Thank you. Bye.

Thanks. Bye. Thanks. Bye.

(SIGHS)

All three aren't talking to us.

By the time the trial was beginning,

how complete and rigorous was that police investigation

and all those searches?

Oh, look, the vast bulk of the evidence had been completed

well prior to the trial.

99.9% of it had been done prior to the trial.

He's misinformed. That's not correct.

No, things were not 99.9% ready. Not at all.

So you were ready? Ready to go to trial?

Absolutely.

Did he say that?

You'd have to pick me up off the floor.

No. I'm... No. We weren't ready.

There was Births, Deaths, and Marriages,

Department of Immigration searches.

It was, you know, searching all the possible places

where there could be a record of Tegan Lane.

It was folders.

All of that, the whole thing was full.

That was all the searches.

Um, and that was just the school searches.

So it was massive, it was mammoth.

What stage should the police investigation have been at

by the time the trial...

Should be completed. Should be completed.

It should have been completed before this trial began.

Was it? No.

This was a case that was being prepared on the run.

There's no doubt about that.

(REPORTERS CLAMOUR)

NEWSREADER: 35-year-old Keli Lane faces the Supreme Court.

When senior counsel for the Crown, Mark Tedeschi,

began his opening,

it was a very forceful opening.

REPORTER: 14 jurors have been empanelled for the trial

which is expected to hear at least three months of evidence.

Mr Tedeschi's opening, he would talk about the birth of the first child

and then he would point to the jury and he would say, "Lie."

Then he would move to the next fact,

he would hold up his hand and say, "Lie."

And he would say that quite a few times.

Powerful weapon.

We advanced in the opening address

some suggestions as to why she did it,

but not as to how or where she did it

because that was unknown.

Can a prosecutor or should a prosecutor

introduce their own theories in an opening address

when they don't have evidence to back it up?

A prosecutor may only base what is said on the evidence.

Cannot speculate about other things,

cannot introduce personal theories about what might have happened -

that's contrary to the principles of the trial.

NEWSREADER: First, a jury has heard startling allegations...

NEWSREADER 2: Stunning allegations have been made

on day two of the Keli Lane murder trial.

It's alleged Lane may have killed and dumped her baby Tegan's body

at the Homebush Olympics site.

SHARON: There was no evidence to support that assertion at all.

I was shocked.

Shocked and worried about what it was going to mean for us.

Because if it's mentioned in an opening address,

there has to be evidence then put to the jury for it,

otherwise you've misled the jury.

ANTHONY: No, there was no evidence of it,

and one thing in a criminal trial that's quite serious,

you know, if you're going to talk about the disposal of a body,

er, you've got to have some evidence of it.

You have to really.

Where did the theory of the Olympic Park disposal come from?

I...don't want to answer that because that was withdrawn

and it's therefore not on the record.

Olympic Park theory. That's a good one.

The Olympic Park theory.

Yeah, come the opening day of the trial.

So, Mark does the opening address and there you go.

He uses my theory that I...

..said to him weeks ago.

So, was there any of that story...

..was that based on fact and evidence,

or was it a theory of yours?

A theory of mine?

Yeah, it was a theory.

Was it a theory without evidence?

It was ruled by the judge to be, um...

..not appropriate

and it was withdrawn by the Crown.

Do you regret making that...

I don't wish to answer questions about it.

The next morning, the Crown Prosecutor withdrew that statement.

He accepted there was no evidence to support it,

and I asked Mr Chapple, defence counsel for Keli Lane,

whether he wanted me to discharge the jury,

because they'd heard this suggestion,

and he did not wish me to.

She had the opportunity to have a retrial,

to abort the trial at that stage.

However, she was asked, and she said,

"I want to get this done... over with.

"This has been going on for years."

And she believed...and she believed that she was innocent

and things would work out.

MARK: So, the Crown case was that with Tegan's birth,

Keli was due to go to a wedding of some friends

on 14 September 1996.

And she realised that she had to get out of the hospital

by the morning of the 14th

if she was going to make it to the wedding.

Mr Tedeschi made powerful submissions about the motive,

about Keli not being able to cope with the birth of this child,

and it was pursued forcefully right throughout the trial.

KELI: I gave her a bath and I fed her and we had a sleep.

How did you leave? How did you leave the maternity ward?

How did you walk out? Um...

Well, Andrew was with us by then.

There was a lift at the end of the corridor

and we just went down in the lift.

When we went downstairs, it was like a foyer area

and Mel and his mother stood up as we approached.

It just is that feeling of, "Is this the right thing to do?"

You know, I looked at them

and, not to judge, but I didn't know them,

and I did have that moment of... maybe I could just take her,

maybe I could just, you know, do it myself.

But just so painful.

Where did you hand her over?

Um, we were in that foyer area.

And we were there for probably 10 to 15 minutes I'd think.

The problem is it's not exactly clear when Keli Lane left hospital.

She says around lunch,

but there's no surveillance, there's no CCTV

and the only piece of written evidence is the nurse's notes.

These are the nurse's notes...

Oh, yes. ..on that day.

That helps.

"2pm, 1400 hours, nursing.

"Patient discharged home with baby.

"With baby."

So that's, according to the nurse, 2:00 in the afternoon.

Well, if that's the time frame, it's very tight.

She's really got on her bike to get to this wedding and be a guest.

If it's 2pm, at 1400 hours, Keli Lane...or around then,

she left the hospital with Tegan,

it gives her one hour to drive from Auburn Hospital

stopping off at Gladesville,

getting to her parents' place by 3pm.

That gives her a matter of minutes to kill and dispose of Tegan.

Yes, that's right, which is very, very...

..would be extremely difficult to do.

Somehow, the clock was wound back

from 2pm being the accepted time of discharge at inquest

to 12 noon at trial.

You've really got to talk to the nurse.

REPORTER: Midwife Anne-Marie Hanlon was there 14 years ago.

Nurse Anne Hanlon said in her 2003 statement,

"I have no actual recollection of that patient."

Mm.

"Keli Lane and her child were discharged around 1400 hours."

Mm. Being 2pm.

Yes.

In her 2008 statement, five years later,

she says, "I'm now offering further information,"

and goes on to vividly remember visiting Keli Lane in her room,

even which way Keli Lane's feet were facing in her bed.

Remarkable memory...

..return.

"I'm now able to say that she left around 11am to 2pm."

See, I do not understand how her memory of it changed.

So, were you concerned about Anne Hanlon's changes in memory?

Of course.

How did that happen?

Only Anne Hanlon could answer that question.

Perhaps her memories were jogged

as a result of things she heard or saw or what was in the media.

MAN: If she did leave at 12:00 noon,

then nursing staff should have recorded she left at 12:00 noon.

I was the senior medical officer on duty

at Auburn Hospital that particular day.

So, what time, then, do you think,

according to these notes, going off these notes,

Keli Lane was discharged and left hospital?

Within the hour after 2:00.

(BABY CRIES)

I was asked to see this baby.

I reviewed the baby, and gave the baby a clean bill of health.

I just told the nurses, "She's a healthy baby.

"I'm happy to let them go."

"Happy for patient to be discharged."

The notes indicate she had been discharged in the proper manner.

Keli Lane left the hospital between 11am and midday

on that day, which was a Saturday.

The nurse's notes said around 1400 hours.

No. That was incorrect. The evidence...

It was about 1400 hours

when they filled out the hospital notes,

when they completed the hospital notes.

The International Olympic Committee

has awarded the year 2000 Games to Sydney.

(CROWD ROARS)

MARK: She was an absolutely dedicated player of water polo

and hoped to represent Australia in the Olympics in 2000

when water polo was going to be an Olympic event for the first time.

REPORTER: Lane didn't feel she could look after a baby

because she wanted to represent Australia at the Sydney Olympics.

REPORTER: She was driven to murder

because a child would have ruined her chances

of representing Australia at the 2000 Games.

How ambitious was she?

She was incredibly ambitious to represent Australia.

It meant a tremendous amount to her.

Did you ever hear Keli Lane speak about wanting to go to the Olympics?

No.

Ever expressing a desire? No.

Simple as that. No way breathing.

Keli's water polo ambitions, you know,

yes, there's a 2000 Olympics here,

yes, it's the first time women's water polo

is going to be in the Olympics.

But if you want to go to the Olympics, you stop everything else.

That's the only way you're going to get to that team.

Did she stop everything and just focus on water polo?

No, absolutely not.

She wouldn't have been at the pub on a Saturday night.

Just...that's the athlete world.

She knew that.

So, was Keli Lane even in line to make the Olympics...

No. ..at any stage?

No.

There were other things in life.

KELI: Teaching was a really big thing for me,

I really wanted to teach,

and water polo wasn't really on the radar anymore.

I think if anything Keli had a dream,

it was to marry well in Manly

and re-create the lifestyle that her family had given her.

So, that's where I think her real life goal would have been.

White picket fence, stroll down the beach,

have a swim in the morning,

take your kids to Manly West,

and go to the rugby on a Sunday.

REPORTER: She's accused of running from hospital to murder her baby

and today Keli Lane sprinted into court,

where her barrister told jurors of her innocence.

"They can't even prove that child is dead."

KELI: It was an absolute shemozzle from the start.

And it was so disorganised,

we were being hit with brief at all different times of the night.

During the trial, new witness statements were coming in,

they were still taking witness statements,

and it just...it was an avalanche of paper.

We couldn't ever keep up.

Is it fair, what's going on here,

for the defence and the defendant?

SHARON: No. Absolutely not.

So much material was being served on the defence during the trial,

and the defence were getting very upset about it,

understandably so.

The judge was getting very upset about it.

We were continuing with the searches

for Andrew Morris/Andrew Norris, and Tegan,

and those searches continued during the trial,

and the judge was very frustrated that these searches were continuing.

ANTHONY: I said, "I'm concerned about the defence

"being placed in a difficult position.

"Naturally I'm concerned about that."

That's also doublespeak for,

"Come on, I don't want to see this occurring again."

And you did just say before that if it happened again,

if this went on, continued...

Yes. Mm. That's true. Enough.

And it would be the... You'd have to abort that trial.

Sure. Mm.

If anything further of that kind happened...

Well, I think it didn't happen.

Those remarks must have been enough

to stop the Crown's external rush to get proof.

It never went away. There was never any respite.

There was never any stop to it.

There's something I need to understand

and this is back to the opening address,

the prosecution's opening address.

Mark Tedeschi told the court that the jury was going to hear

from this man, Andrew Morris.

And he said that this Andrew Morris

had a single sexual encounter with Keli Lane

and that he doesn't have the baby, he doesn't have Tegan,

so they could prove through this man

that her story about Andrew Morris was a lie.

But he was never, ever called as a witness.

What happened to Andrew Morris?

What happened to Andrew Morris?

Um, Andrew Morris didn't give evidence

as a direct result of a deal being done

between the prosecution and the defence.

ANTHONY: That was a tactical decision made by both counsel.

I didn't see anything sinister in any of that at all.

It happens quite frequently.

That was the culmination of a tremendous amount of discussion

and negotiation between the parties.

So, of course, I obviously can't discuss that

'cause it's not on the record.

What did the prosecution want from Andrew Morris?

What did they want him to be?

Well, they wanted him to say, "I'm the Andrew Morris.

"I remember having sex with her."

And he didn't have the baby.

That was the important part,

because she asserts that she gave Tegan to Andrew Morris.

Standing with me here is Mr Andrew Morris

at the North Narrabeen Surf Life Saving Club.

You've come over here and you've stopped at the sand here?

Yep. OK.

And then what's happened here once you've arrived?

Well, yeah, we just made out.

Um, and I do remember having sex here,

um, unprotected.

I didn't have, um...I didn't have any protection.

Never met him, never seen him in my life.

Nup, sorry. Never, ever, ever met him.

So, you deny sleeping with Andrew Morris.

100%. Don't know him, never seen him.

I did offer to walk her back to wherever she was going.

She said, "No, it's right," so I said OK.

OK, great. I'll do that. Thanks, Andrew.

He said he'd meet.

Yeah, he's in Townsville.

I hope he's there. Hope he hasn't just disappeared.

CAMERAMAN: That's it. Thank you very much. We're rolling.

Tell me what happened.

Um, I just got a, er...a phone call,

um, from a detective.

He's looking at a homicide,

um, and just wondering if I could come in

to have a look at some photos.

So, this one you were shown?

Yes. And then what did police say to you?

Well, "How do you know her?"

I said, "I don't know. I can't remember. She just looks familiar."

So, how did that person that sort of looks familiar to you,

how did she then become the person that you'd slept with at the beach?

With the information that I was being provided by the police.

Like, they told me that she grew up

in the northern suburbs of Sydney.

They told me that she was a "groupie",

following all the surf club competitions.

Made me think, well, "Oh, it must've been her.

"It must've been Keli Lane."

We had him ready to go,

he was sitting in that witness room ready to go.

And then for reasons that I still don't fully understand,

the decision was made not to put him on the stand

and he was sent home.

Tedeschi came back and said, "Oh, that's it, you're done.

"You don't have to give evidence."

Something like, "We've done a deal that you don't have to give evidence

"but neither does one of Keli's witnesses."

I wonder how important THEIR story was, then?

(CAR HORN HONKS)

SHARON: I think they should have heard from Natalie McCauley,

in fairness.

The jury should have heard all of the evidence -

good, bad, or otherwise -

because that's what they do, that's their job.

WOMAN: I won't ever forget that night.

Summer, 1995.

At the time, I was working at Royal Copenhagen,

in Manly Corso, which is across from the Steyne.

I was sober, or may have had one drink,

and Keli was there, and she was a bit full up.

And she talked about this guy she was having an affair with.

And what was his name? Andrew.

The Andrew is clear, because that's my brother's name, so...

Keli told me about Andrew at the right time period

that we're talking about.

I've been clear from that from the start

and the jury never heard from me.

You couldn't have invented this memory, to help your friend?

No.

I worked for the United Nations,

as the Chief of Child Protection in the Philippines.

And I would never lie for a friend on such a serious issue.

I am passionate about children's rights. I love children.

Every day, my waking hour, I'm protecting kids.

I'm not about to let my friend get off easy if she's hurt a child.

What difference could your evidence have made

if the jury heard from you?

I've got two words for you - reasonable doubt.

What did the DPP want to do with Natalie McCauley?

Neutralise her.

Because if she was going to be damaging

to the prosecution in any way,

they needed to neutralise any damage that she may have on us,

on the prosecution.

The deal was that Natalie wouldn't be called

in exchange for Andrew Morris not being called.

And Andrew's evidence would have been

that he shagged Keli on the beach.

Can you say with confidence...

Can you say at all that it was Keli Lane

that you slept with at the caravan park?

No.

I suppose I was led down to believe that's who I slept with.

It snowballed and just got bigger and bigger.

I didn't feel like, yeah... I couldn't turn back.

Looking back on this now, considering the pressure,

can you acknowledge the possibility

that Andrew Morris was led or coached...

Yes. ..to come up with a memory?

Yes, I can see that in hindsight. Yes, I can.

I don't like admitting that, but, yeah, I can see that.

Do you have any idea why you weren't called as a witness?

No.

You were traded out in a witness swap.

For who?

A man called Andrew Morris.

But he's not...he wasn't THE Andrew.

There is an Andrew and she had slept with him a number of times.

Not once, a number of times.

And she told me that, that night.

This is not a reflection on the different advocates at trial

but part of the game-playing that goes on during a trial process.

I think there's an enormous lot that the public doesn't know

about the game-playing.

If the jury didn't hear from everyone they should have,

what does that make the trial?

I think it's not fair.

The jury needs to hear from everybody.

KELI: I wish I stood up in the stand.

I wish I told my side of the story.

There's a lot more to me that the jury needed to know

than what the prosecution gave them.

She wouldn't participate

in being forensically, psychologically, you know, assessed.

She just completely said no to all of it.

You have to look in this whole case in its whole totality

to go, "Something is seriously wrong here with Keli."

What's the likelihood of Keli Lane ever saying yes

to being assessed by a mental health practitioner?

Do you think she... No. I don't think so.

Because I don't think she could face what it would turn up.

How was your flight? Good.

I'm Anne Buist, a professor of psychiatry

specialising in mothers and babies.

I've assessed hundreds of women accused of abusing their child

and over a dozen of murdering their infant.

It sounds as if it's been quite a probing interviewing experience

for Keli.

Hello.

I'm very interested to hear what you have to say.

There's a great deal of murkiness here.

She's the hardest, most difficult case.

She differs very much to the other cases that I have seen.

I'm just gonna rattle off all of these names,

descriptions of Keli Lane,

that we've been given over the many months.

I'm just gonna go for it.

Is she a narcissist? No.

Is she a pathological liar?

Not as a diagnosis, no.

Is she delusional? No.

Is she evil? No.

ELISE: You're sure she's not mentally ill?

Certainly not in a diagnostic sense. Absolutely certain of that.

What do you think drove Keli to have all those pregnancies?

From a very early age, she got the message

that her family didn't like dealing with negative emotions.

They got pushed down. They got squashed.

Her first sexual experience at 15, which was a date rape,

which she blamed herself.

(RINGING TONE)

KELI: I was quite young and I was intoxicated.

How do you see it, how that date rape impacted you?

I think the lack of ownership.

I didn't value...I don't think I valued my body

and my choices and my boundaries,

because everybody seemed to just be so frivolous with it.

And I think, for whatever reason, me feeling out of control,

I think that all contributed to my choices and falling pregnant,

and not knowing how to manage it.

(CALL DISCONNECTS)

She certainly had empathic identification with her children.

She breastfed them. She had them in her care.

So this was not just, "Get this child out of my life."

ELISE: So, you can't see her actively murdering the child?

Um...it just doesn't fit.

I can't find a coherent narrative from a psychological sense,

apart from we know she has this capacity

to disown her children,

um, and it fits into that.

Could Tegan be alive? Yes.

REPORTER: A jury has spent almost four months hearing evidence

and submissions in this court.

Soon the group will retire to consider

whether Keli Lane is guilty or not guilty of murder.

In summing up the case, Justice Anthony Whealy said,

"Suspicion, even the gravest suspicion,

"is never a substitute for proof beyond reasonable doubt."

..reasonable doubt on the evidence.

To the jury going out to consider their verdict,

I was uncertain what the result would be.

Why do you think you were uncertain?

Because in my mind at least,

there was this doubt about whether the Crown

had effectively demonstrated beyond reasonable doubt

that the baby had not survived.

And I thought the jury might take a similar view as well.

KELI: My team said, you know, we've gotta trust

that the jury is smart enough

to see the story that the Crown is putting up,

and that's all it is, is a story.

Everybody kept saying to me,

the longer the deliberations go the better.

Six months of trial, the worst case will be a hung jury.

Quote. (CALL DISCONNECTS)

The jury deliberated for quite a while.

Yes, it was a lengthy deliberation

What's that like, that wait?

Oh, it's. (LAUGHS) For everyone.

ANTHONY: The voting was quite close and the jury were in conflict.

The jury had indicated they'd reached a point

where they could not agree.

11 people saying, "Yes, convict,"

and one person saying, "Well, I'm not going to,"

and it seemed to me that that point

could be only be resolved by a majority verdict.

Look, as a Crown prosecutor,

I'm not there to achieve convictions,

I'm there to see that justice is done.

If we've presented the case properly and in the best light,

we've performed our role.

We were really confident

that the verdict would come out in her favour.

There was a lot of tension in the courtroom.

I was expecting not guilty and he said guilty.

I just looked across and I looked back at them.

I just couldn't believe it.

I'm still astounded now.

And then, you know, my poor...

..my poor girl collapsed.

And, um...

They wouldn't let me go over.

So, um, I started to walk around.

They said, "No, you can't, no."

And unfortunately I collapsed too.

It was such a shock.

If you think that doesn't touch the judge,

er, you're quite wrong.

It does and it did.

SHARON: I was shocked that Keli was found guilty.

I was stunned.

I honestly thought that she would be found not guilty

because there had been so many problems.

I believe she did... she murdered her baby,

and she deserved due process, however.

NEWSREADER: Tonight, guilty.

Keli Lane convicted of murdering her baby daughter.

How are you feeling about the sentence, Mrs Lane?

How's Keli? Have you had a chance to speak to her?

Don't touch me please

Did the prosecution prove that that baby was dead, Tegan was dead?

If I'd been the trier of fact -

and I wasn't, let me stress that,

the jury were the trier of fact -

but if I had been the trier of fact,

I might have had some doubt about that.

In my mind, I've never been certain.

Never been certain.

And now?

And now, years later, I haven't changed my attitude.

The court will now adjourn.

By the end of the trial, it had been such a harrowing experience for me

that I no longer wished to preside over any criminal trial as a judge.

I didn't do any more criminal trials after that.

Well, she still haunts me. You know, it's still unsolved.

Nobody has ever found Tegan.

I've been medically discharged with PTSD from the police,

so this broke me.

REBBECCA BECROFT: I still think about it.

I still think about it.

I have been to the hospital

and...um, where Tegan was last seen...

..to, in my mind...

..lay her to rest with no body.

That's what nobody gets.

It's just how many lives this has affected.

We've...

(SIGHS) ..chased down every lead we can.

We've turned over every stone for months.

We've gone back to her family and her boyfriends

and her water polo teammates, her friends

to try and find new things and get an understanding of her.

We looked at the police investigation,

we went through the trial.

There's one little piece of information

I think now that's nagging for both of us,

and that's what that psychiatrist said.

She said there's something off,

there's something not quite right with her story

about the name "Andrew Norris/Morris."

ELISE: When you did an assessment with her,

what were the things that didn't sit right with you?

What stuck out?

The key thing was her manner as she discussed Andrew Norris.

The Andrew Norris/Morris situation

was the key number one, two and three thing.

Too superficial, the body language changed.

There was something there that didn't ring true,

and I can't actually say what it was, what the truth is.

I don't know about you, but I'm not convinced on the name.

But she has always stuck to that story since the very beginning.

She's responded really badly in the past

when police have tried to get her to change her story

or get new information.

How are you feeling, Caro?

Anxious.

Because this is it.

This is her last opportunity to just give something more.

Because everyone agrees the name does not add up.

(RINGING TONE)

OK, this is it. Here we begin.

AUTOMATED VOICE: Go ahead, please. KELI: Hi, Caro.

Hello, Keli.

So, through all of this, you've spoken at length

and I've listened very attentively,

and now I want to take my turn to talk for a while.

Sure. OK.

We've raised big questions about the police investigation,

about the trial, really things that I thought we'd never find.

Right. But there's another big question.

And this one, it comes down to you.

The name Andrew Morris, Andrew Norris,

something isn't quite right there.

So I'm saying to you I'm not convinced on this name

and I need you to help me.

I need you to give me something here.

I don't know why I should have to.

Well, I can't give you any more than what I know.

And this feels like too, the same as when I was before the coroner,

and it's that pressure and those threats of,

"You know more, you know more."

So, first name Andrew? Yep.

Surname?

Norris. With an N.

(CALL DISCONNECTS)

(BEEPING)

She's not going to change her mind. She's not going to say anything.

I have absolutely no reason to pull this all apart again.

Why would I pull it all apart again

and bring this all to the surface again?

My family's life is on the line here.

You know, we're doing this for a reason, it's got a purpose.

And that reason?

Is to find Tegan or it's to find my baby, whatever her name...

(BEEP!)

But could you give her or people out there a message

that Andrew Norris may not be his right full name?

Absolutely. Absolutely.

I don't know 100% if his name is Andrew Norris

because I don't know at the time

if what he was telling me was the truth.

Or maybe I've made a mistake. Of course that's a possibility.

I'm sure his name is Andrew. He responded to Andrew.

OK.

You've got there. OK. Yeah.

I don't want to be forced there, though, Caro.

I did it off my own bat. (BEEP!)

Done.

Well, that's the first time in decades

that she's admitted that the name that she gave

could be the wrong name.

So, is this just another one of her lies

or have we just gotten closer to the truth?