All language subtitles for IXPAND 3

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?