1
00:01:09,280 --> 00:01:11,270
PETER:
We're in the back lane.
2
00:01:11,280 --> 00:01:13,270
MAN OVER RADIO:
Street all clear.
3
00:01:13,280 --> 00:01:15,910
Lights on in house next door.
Better be quiet.
4
00:01:15,920 --> 00:01:17,910
Hall light on in target house.
5
00:01:17,920 --> 00:01:20,830
We've got no movement within
since last targets left.
6
00:01:20,840 --> 00:01:22,830
PETER:
OP, give us a sit rep.
7
00:01:22,840 --> 00:01:25,430
WOMAN ON RADIO:
Dogs lost Steve in a car park.
8
00:01:25,440 --> 00:01:28,070
Split with Mal
after an argument got violent.
9
00:01:28,080 --> 00:01:29,550
Other targets under observation.
10
00:01:29,560 --> 00:01:32,870
Boss, Steve won't go far.
They'll find him in his pub.
11
00:01:32,880 --> 00:01:34,350
PETER:
We're leaving the car.
12
00:01:34,360 --> 00:01:37,272
Keep your eyes open.
We don't want any surprises.
13
00:01:54,640 --> 00:01:57,190
MAN: Mal's heading west
on Moray, doing 70 clicks.
14
00:01:57,200 --> 00:01:59,830
Passing a KFC.
I've got two for cover.
15
00:01:59,840 --> 00:02:02,470
MAN 2: Roger.
I'll catch him at the lights.
16
00:02:02,480 --> 00:02:04,550
PETER: Have they rung the house?
17
00:02:04,560 --> 00:02:06,270
MAN: Yeah, 10 minutes ago.
18
00:02:06,280 --> 00:02:09,590
Shirl said she was expecting you
and had a roast going.
19
00:02:10,600 --> 00:02:12,716
OP, give the phone another try.
20
00:02:14,880 --> 00:02:16,790
What's the go?
21
00:02:16,800 --> 00:02:20,590
More movement at Melbourne Cemetery
at midnight than there is here.
22
00:02:20,600 --> 00:02:22,591
I'm moving up to the house.
23
00:02:25,560 --> 00:02:28,552
(PHONE RINGS INSIDE HOUSE)
24
00:02:36,400 --> 00:02:39,392
(PHONE KEEPS RINGING)
25
00:02:40,760 --> 00:02:42,750
Got a problem with the gate.
26
00:02:42,760 --> 00:02:44,590
You still with us?
27
00:02:44,600 --> 00:02:46,750
Yeah. All eyes and ears open.
28
00:02:46,760 --> 00:02:48,637
Even breathing for you, Noddy.
29
00:04:39,400 --> 00:04:41,038
We've, um...
30
00:04:42,040 --> 00:04:44,395
...found a quantity of white powder.
31
00:04:46,200 --> 00:04:48,236
Everything's going OK.
32
00:04:50,320 --> 00:04:52,629
Tech still seems to be working OK.
33
00:04:54,400 --> 00:04:56,072
Take a sample.
34
00:05:12,760 --> 00:05:15,390
MAN: Noddy!
A taxi's turning into the street.
35
00:05:15,400 --> 00:05:17,990
Heading for the house.
I think it's Steve.
36
00:05:18,000 --> 00:05:19,638
Get out of the house!
37
00:05:23,400 --> 00:05:27,310
MANOULIS: Now, Mr Faithful,
did you go to this house,
38
00:05:27,320 --> 00:05:30,070
the subject of the video,
on July 15?
39
00:05:30,080 --> 00:05:32,470
I did.
On what authority?
40
00:05:32,480 --> 00:05:35,470
I went into the premises
under a search warrant
41
00:05:35,480 --> 00:05:38,470
issued under the Drugs, Poisons
and Controlled Substances Act.
42
00:05:38,480 --> 00:05:41,790
The execution of the warrant
was done covertly, Your Honour.
43
00:05:41,800 --> 00:05:43,870
We entered and left the premises
surreptitiously.
44
00:05:43,880 --> 00:05:45,590
Alright.
45
00:05:45,600 --> 00:05:49,190
Now, can you take us through
what we've just seen there?
46
00:05:49,200 --> 00:05:51,830
I conducted a partial search
of the house,
47
00:05:51,840 --> 00:05:55,470
during which I located a plastic bag
containing white powder.
48
00:05:55,480 --> 00:05:57,470
What did you do with it?
49
00:05:57,480 --> 00:06:01,470
It was left in situ after being weighed
and a sample taken.
50
00:06:01,480 --> 00:06:05,550
In a hasty exit, did you leave
the premises as you found them?
51
00:06:05,560 --> 00:06:07,030
We did, Your Honour.
52
00:06:07,040 --> 00:06:08,950
Now, this sample...
53
00:06:08,960 --> 00:06:10,950
What did you do with it?
54
00:06:10,960 --> 00:06:12,950
Sample was taken
before the magistrate
55
00:06:12,960 --> 00:06:15,270
at the court
which issued the warrant.
56
00:06:15,280 --> 00:06:17,910
It was then placed
in my office safe.
57
00:06:17,920 --> 00:06:19,910
The following day,
it was conveyed
58
00:06:19,920 --> 00:06:21,910
to the state
forensic science laboratory
59
00:06:21,920 --> 00:06:23,390
and logged for analysis.
60
00:06:23,400 --> 00:06:24,870
Right. Thank you.
61
00:06:24,880 --> 00:06:27,190
MANOULIS: Your Honour,
I produce this plastic package
62
00:06:27,200 --> 00:06:28,670
containing the sample...
63
00:06:28,680 --> 00:06:31,990
GROSSMAN: Yes, Mr Prosecutor.
That will be marked Exhibit 16.
64
00:06:41,560 --> 00:06:45,633
KIDD: You told the jury
that it was a 'covert' operation.
65
00:06:46,640 --> 00:06:48,830
Surely you mean secret,
don't you?
66
00:06:48,840 --> 00:06:50,390
That's correct.
67
00:06:50,400 --> 00:06:52,870
Someone picked a lock
or something, did they?
68
00:06:52,880 --> 00:06:57,350
PETER: I won't say what we can
and can't do during a covert entry.
69
00:06:57,360 --> 00:07:00,990
You're dictating to this court
what you will or won't say?
70
00:07:01,000 --> 00:07:02,630
I don't think it's relevant.
71
00:07:02,640 --> 00:07:05,750
I ask the questions,
you answer them,
72
00:07:05,760 --> 00:07:08,110
and His Honour decides
what is relevant.
73
00:07:08,120 --> 00:07:10,670
Well, is it relevant, Mr Kidd?
74
00:07:10,680 --> 00:07:12,750
Indeed it is, Your Honour.
75
00:07:12,760 --> 00:07:16,110
Where was it that you
got into this private home?
76
00:07:16,120 --> 00:07:17,910
A side window.
77
00:07:17,920 --> 00:07:20,310
And was the window locked?
Yes.
78
00:07:20,320 --> 00:07:22,670
And did someone pick the lock?
79
00:07:22,680 --> 00:07:24,990
I slid the snib
using a pocketknife.
80
00:07:25,000 --> 00:07:28,310
And you had someone keeping nit
during this break-in?
81
00:07:28,320 --> 00:07:31,110
I'm not gonna discuss
our security procedures.
82
00:07:31,120 --> 00:07:32,750
But someone was keeping watch
83
00:07:32,760 --> 00:07:35,390
to let you know
if anyone came home?
84
00:07:35,400 --> 00:07:36,870
Obviously.
85
00:07:36,880 --> 00:07:38,870
I don't think we gave away
86
00:07:38,880 --> 00:07:41,870
any of the police force's
great trade secrets then.
87
00:07:41,880 --> 00:07:43,390
Did we, Sergeant?
88
00:07:43,400 --> 00:07:47,393
Well, that depends on
your point of view, doesn't it, Mr Kidd?
89
00:07:51,640 --> 00:07:54,110
Now, you went to my client's home
90
00:07:54,120 --> 00:07:56,950
to find items connected
with drug trafficking?
91
00:07:56,960 --> 00:07:58,430
Yes.
92
00:07:58,440 --> 00:08:02,230
That's how you got the warrant initially?
Yes.
93
00:08:02,240 --> 00:08:05,510
Under the umbrella of this warrant,
your technician went in
94
00:08:05,520 --> 00:08:08,510
to find a place to install
a listening device.
95
00:08:08,520 --> 00:08:11,510
I searched for drugs.
I know what you did.
96
00:08:11,520 --> 00:08:14,150
I want to know
what your technician did.
97
00:08:14,160 --> 00:08:16,799
Do you have difficulty
answering my question, Sergeant?
98
00:08:17,800 --> 00:08:20,109
Do you have difficulty
doing things correctly?
99
00:08:21,920 --> 00:08:25,117
We were all authorised
under that warrant to search.
100
00:08:26,120 --> 00:08:29,510
To search for what?
To search for drugs.
101
00:08:29,520 --> 00:08:33,070
But not to install
listening devices?
102
00:08:33,080 --> 00:08:35,710
Not under that
particular authority, no.
103
00:08:35,720 --> 00:08:40,070
KIDD: And you thought it was
an appropriate thing to do at the time?
104
00:08:40,080 --> 00:08:41,550
PETER: I did.
105
00:08:41,560 --> 00:08:44,711
Isn't that bending the law?
No.
106
00:08:45,720 --> 00:08:47,510
Oh, pardon?
107
00:08:47,520 --> 00:08:49,310
No.
108
00:08:49,320 --> 00:08:52,630
You had no right to be there
for that purpose.
109
00:08:52,640 --> 00:08:54,790
That wasn't our sole purpose.
110
00:08:54,800 --> 00:08:59,790
The technician was there
to assist me... in the search.
111
00:08:59,800 --> 00:09:03,190
So did you also
have a warrant sworn out
112
00:09:03,200 --> 00:09:05,030
under the Listening Devices Act?
113
00:09:05,040 --> 00:09:06,519
No.
114
00:09:07,520 --> 00:09:10,190
If you intended to install
a listening device,
115
00:09:10,200 --> 00:09:12,830
or look for a place
to conceal one,
116
00:09:12,840 --> 00:09:16,150
why did you not get a warrant
under that act?
117
00:09:16,160 --> 00:09:20,150
The technician was there
to assist me in the search for drugs.
118
00:09:20,160 --> 00:09:23,150
Ancillary to that would be
to ascertain if there was...
119
00:09:23,160 --> 00:09:27,150
He had no right to be there
for any ancillary purpose at all.
120
00:09:27,160 --> 00:09:30,230
Mr Faithful, you have created
something totally unique
121
00:09:30,240 --> 00:09:32,190
to the law of Victoria.
122
00:09:32,200 --> 00:09:35,510
The technician had to be there
to let me in.
123
00:09:35,520 --> 00:09:37,510
Haven't you just told His Honour
124
00:09:37,520 --> 00:09:41,110
that you opened the window
with a knife blade?
125
00:09:41,120 --> 00:09:46,190
The technician was there
to assist me in picking any locks.
126
00:09:46,200 --> 00:09:48,190
The warrant issued
127
00:09:48,200 --> 00:09:51,750
under the Drugs, Poisons
and Controlled Substances Act
128
00:09:51,760 --> 00:09:57,070
authorises you to enter,
search and seize.
129
00:09:57,080 --> 00:09:58,911
That's correct.
130
00:10:00,320 --> 00:10:03,118
You didn't do much seizing,
did you?
131
00:10:04,360 --> 00:10:06,870
Come on, spit it out,
Senior Sergeant.
132
00:10:06,880 --> 00:10:10,190
I didn't know what the powder was.
133
00:10:10,200 --> 00:10:12,470
Oh?
A sample was taken for analysis.
134
00:10:12,480 --> 00:10:16,470
Didn't you believe that my client
was committing a criminal offence?
135
00:10:16,480 --> 00:10:17,950
Yes.
136
00:10:17,960 --> 00:10:20,270
You thought he was
trafficking in drugs?
137
00:10:20,280 --> 00:10:21,750
Yes.
138
00:10:21,760 --> 00:10:24,390
What did you think
the white powder was?
139
00:10:24,400 --> 00:10:25,870
Heroin.
140
00:10:25,880 --> 00:10:29,230
You could've seized
all the powder immediately
141
00:10:29,240 --> 00:10:31,110
when you first found it,
couldn't you?
142
00:10:31,120 --> 00:10:33,030
I could have.
He's just passed the roll.
143
00:10:33,040 --> 00:10:35,070
KIDD: But you didn't.
PETER: No.
144
00:10:35,080 --> 00:10:37,030
Didn't you just say
you thought it was heroin?
145
00:10:37,040 --> 00:10:38,758
Yes.
146
00:10:40,280 --> 00:10:43,272
Ask why he didn't test it
at the house.
147
00:10:44,400 --> 00:10:47,710
Why didn't you test
the white substance at the house?
148
00:10:47,720 --> 00:10:50,670
I didn't have a test kit.
149
00:10:50,680 --> 00:10:55,750
But you had scales, a video camera,
whole swag of gear. Why not a test kit?
150
00:10:55,760 --> 00:10:57,750
Wouldn't he have had one?
No.
151
00:10:57,760 --> 00:10:59,550
PETER: I don't know.
It was an oversight.
152
00:10:59,560 --> 00:11:01,550
KIDD: An oversight?
153
00:11:01,560 --> 00:11:04,550
I suggest that when you
had the warrant issued,
154
00:11:04,560 --> 00:11:07,190
you gave no thought whatsoever
to its requirements.
155
00:11:07,200 --> 00:11:10,790
You thought, "I've got it now.
I'll do what I like."
156
00:11:10,800 --> 00:11:15,110
What do you say to that?
What do you want me to say?
157
00:11:15,120 --> 00:11:16,790
I deny it.
158
00:11:16,800 --> 00:11:23,150
Mr Faithful, the warrant
requires you to seize all the items -
159
00:11:23,160 --> 00:11:24,630
yes or no?
160
00:11:24,640 --> 00:11:26,950
Well, that's a matter
for interpretation.
161
00:11:26,960 --> 00:11:29,590
What interpretation
is there in that?
162
00:11:29,600 --> 00:11:32,590
Well, this has been
the subject of debate
163
00:11:32,600 --> 00:11:34,590
in relation to many
covert warrants.
164
00:11:34,600 --> 00:11:37,239
Keep pushing down the path
of no return.
165
00:11:38,480 --> 00:11:40,232
Oh, please!
166
00:11:42,120 --> 00:11:45,110
Well, Your Honour, this seems
to be getting into legal argument.
167
00:11:45,120 --> 00:11:47,150
My learned friend didn't
challenge the admissibility
168
00:11:47,160 --> 00:11:49,030
of the warrant
going into evidence,
169
00:11:49,040 --> 00:11:52,470
yet now it's becoming a banter
between counsel and police
170
00:11:52,480 --> 00:11:55,470
about what Mr Faithful's powers
may or may not be.
171
00:11:55,480 --> 00:11:58,470
He's cross-examining the witness
on matters of law.
172
00:11:58,480 --> 00:12:00,950
MANOULIS: It's a fascinating debate,
173
00:12:00,960 --> 00:12:03,550
one that I'd be happy to have out
with my learned friend,
174
00:12:03,560 --> 00:12:05,030
but at some other time.
175
00:12:05,040 --> 00:12:07,554
Yes, perhaps we should clarify this...
176
00:12:08,560 --> 00:12:10,551
...in the absence of the jury.
177
00:12:13,080 --> 00:12:14,832
Ooh, yum!
178
00:12:17,520 --> 00:12:20,790
"Perhaps we should clarify this...
179
00:12:20,800 --> 00:12:24,349
(Together) "...in the absence of the jury."
180
00:12:26,280 --> 00:12:29,030
(Softly) I'll run this list
up to the sarge.
181
00:12:29,040 --> 00:12:31,030
We'd better keep
a careful check...
182
00:12:31,040 --> 00:12:33,793
(Both sigh deeply)
183
00:12:38,920 --> 00:12:40,550
That's a nice jacket.
184
00:12:40,560 --> 00:12:42,516
Does it come in leather?
185
00:12:50,400 --> 00:12:52,470
(CAR DOORS SHUT)
186
00:12:52,480 --> 00:12:54,110
It's a pretty good spot.
187
00:12:54,120 --> 00:12:57,749
(Shuts car door)
Yeah, it was when I was a kid.
188
00:12:58,760 --> 00:13:00,751
Dad bought the place for Mum.
189
00:13:01,760 --> 00:13:04,513
She still pissed off on him, though.
190
00:13:08,440 --> 00:13:10,192
(BELLBIRDS CALL)
191
00:13:16,280 --> 00:13:18,910
How often did you
come here with Mal?
192
00:13:18,920 --> 00:13:20,638
Dozen or so times.
193
00:13:21,680 --> 00:13:23,671
He liked that I owned property.
194
00:13:25,240 --> 00:13:29,518
He, uh... he liked me
to stand over here.
195
00:13:30,520 --> 00:13:33,710
And then he'd shoot these
out of my hand.
196
00:13:33,720 --> 00:13:35,510
(TWO GUNSHOTS)
(BIRDS SCREECH)
197
00:13:35,520 --> 00:13:37,112
(Mal laughs hysterically)
198
00:13:38,440 --> 00:13:40,510
JAN: Charming!
199
00:13:41,720 --> 00:13:43,550
So where did Mal stand?
200
00:13:43,560 --> 00:13:45,232
Over there.
201
00:13:48,680 --> 00:13:51,717
When I started shaking too much,
he'd just laugh.
202
00:13:52,720 --> 00:13:54,711
And he'd shoot that tree.
203
00:14:05,200 --> 00:14:08,795
(REPEATED GUNSHOTS)
204
00:14:12,040 --> 00:14:14,270
Christ! It's a bloody battlefield!
205
00:14:34,280 --> 00:14:36,030
GROSSMAN: This is
the forensic variance
206
00:14:36,040 --> 00:14:38,030
of the pea and the thimble.
207
00:14:38,040 --> 00:14:40,670
Now you see the jury,
now you don't.
208
00:14:40,680 --> 00:14:42,150
What is this about?
209
00:14:42,160 --> 00:14:44,150
The warrant material's
before the court.
210
00:14:44,160 --> 00:14:47,150
There must be some good reason
for your cross-examination.
211
00:14:47,160 --> 00:14:48,630
I don't see it.
212
00:14:48,640 --> 00:14:51,110
Your Honour, in due course,
I'm going to suggest
213
00:14:51,120 --> 00:14:54,950
that this witness has planted
the drugs in the house
214
00:14:54,960 --> 00:14:56,630
and therefore, his attitude
215
00:14:56,640 --> 00:14:59,270
towards any specific powers
that he has
216
00:14:59,280 --> 00:15:01,475
has a much broader context.
217
00:15:02,880 --> 00:15:05,470
GROSSMAN: Mr Manoulis,
what do you say about it?
218
00:15:05,480 --> 00:15:09,670
My learned friend can say
he's gonna put this to the witness.
219
00:15:09,680 --> 00:15:11,670
Why doesn't he just do it?
220
00:15:11,680 --> 00:15:13,990
It's an attack
on the witness's credit.
221
00:15:14,000 --> 00:15:16,310
I won't stop him.
He's made his point.
222
00:15:16,320 --> 00:15:18,750
MANOULIS: But my friend
says to this policeman,
223
00:15:18,760 --> 00:15:21,630
"You had the power to seize
and you didn't,
224
00:15:21,640 --> 00:15:23,630
"therefore you've gone
beyond your powers."
225
00:15:23,640 --> 00:15:25,110
That's just utterly ridiculous!
226
00:15:25,120 --> 00:15:28,750
The warrant gives him the power
to enter, search and seize,
227
00:15:28,760 --> 00:15:31,750
and to arrest later on,
if he chooses to.
228
00:15:31,760 --> 00:15:35,070
If Mr Faithful chooses to do
none of those things,
229
00:15:35,080 --> 00:15:36,550
he doesn't have to.
230
00:15:36,560 --> 00:15:38,550
It may not suit
my learned friend...
231
00:15:38,560 --> 00:15:40,030
(Both murmur)
232
00:15:40,040 --> 00:15:41,670
...but that's how it works.
233
00:15:41,680 --> 00:15:44,870
I think Mr Kidd will argue
the authorities require him to do so,
234
00:15:44,880 --> 00:15:48,750
that he is a man who acts in disregard
of the authority given to him by law
235
00:15:48,760 --> 00:15:52,670
and therefore, may disregard
the law in other ways.
236
00:15:52,680 --> 00:15:54,670
Sit down, Mr Manoulis.
MANOULIS: Your Honour...
237
00:15:54,680 --> 00:15:58,870
I am perfectly happy for him
to attack the witness's credit.
238
00:15:58,880 --> 00:16:03,150
But it still comes down
to a matter of law, sir.
239
00:16:03,160 --> 00:16:07,590
Your Mr Faithful
is high on my list of suspects.
240
00:16:07,600 --> 00:16:10,110
GROSSMAN: Now I know
what he's doing, it has relevance,
241
00:16:10,120 --> 00:16:11,870
which is all I'm concerned about.
242
00:16:11,880 --> 00:16:15,910
Let the witness and jury back in, before
they think they're watching litigation
243
00:16:15,920 --> 00:16:18,480
conducted by the Marx Brothers.
244
00:16:24,000 --> 00:16:25,718
Mr Faithful.
245
00:16:36,240 --> 00:16:37,710
KIDD: On how many occasions
246
00:16:37,720 --> 00:16:40,110
have you videod raids
on private premises?
247
00:16:40,120 --> 00:16:42,590
PETER: I personally
haven't videod any search.
248
00:16:42,600 --> 00:16:44,510
KIDD: Why so on this occasion?
249
00:16:44,520 --> 00:16:47,150
PETER: Well, to film what,
if anything, was located.
250
00:16:47,160 --> 00:16:50,310
Well, that seems
mighty convenient.
251
00:16:50,320 --> 00:16:52,950
It wasn't convenient.
It was an operational decision.
252
00:16:52,960 --> 00:16:57,270
We knew it would be a covert entry,
that nobody would be home,
253
00:16:57,280 --> 00:17:00,790
and it was a safeguard to prevent
unfounded allegations being made
254
00:17:00,800 --> 00:17:02,270
at a later time.
255
00:17:02,280 --> 00:17:03,910
Like the ones you're making.
256
00:17:03,920 --> 00:17:05,910
Tell me, Sergeant, in your mind,
257
00:17:05,920 --> 00:17:09,230
what are these unfounded allegations
you think I'm making?
258
00:17:09,240 --> 00:17:12,550
I must object on the basis
that it's merely argumentative.
259
00:17:12,560 --> 00:17:17,030
Yes, it might be generating heat,
Mr Kidd, but not much light.
260
00:17:17,040 --> 00:17:18,510
Yeah.
261
00:17:18,520 --> 00:17:22,430
Mr Faithful, the fact is that
the jury has to go on your word
262
00:17:22,440 --> 00:17:24,750
that you found those drugs,
don't they?
263
00:17:24,760 --> 00:17:27,070
I believe a video record
is sufficient...
264
00:17:27,080 --> 00:17:29,390
We've all seen the video,
Mr Faithful.
265
00:17:29,400 --> 00:17:32,990
Are you trying to second-guess
what I'm getting at?
266
00:17:33,000 --> 00:17:34,910
In a way, I am.
267
00:17:34,920 --> 00:17:36,670
You're going around in circles.
268
00:17:36,680 --> 00:17:38,670
I'm not going around in circles.
269
00:17:38,680 --> 00:17:40,310
You're trying to second-guess
270
00:17:40,320 --> 00:17:42,830
where my cross-examination
is going, aren't you?
271
00:17:42,840 --> 00:17:46,430
If you're suggesting I took
the drugs there and planted them,
272
00:17:46,440 --> 00:17:48,670
that's simply outrageous.
273
00:17:48,680 --> 00:17:51,030
Why do you offer that up yourself?
274
00:17:51,040 --> 00:17:52,590
That's clearly
what you're alluding to.
275
00:17:52,600 --> 00:17:54,070
I didn't say it.
276
00:17:54,080 --> 00:17:55,910
That's the path
you're going down.
277
00:17:55,920 --> 00:17:57,910
You seem particularly sensitive
to that allegation.
278
00:17:57,920 --> 00:18:00,670
I'm not, Mr Kidd. I assure you.
279
00:18:00,680 --> 00:18:04,670
It wouldn't be very difficult
for you to plant them, would it?
280
00:18:04,680 --> 00:18:06,870
Now you are suggesting
I planted them?
281
00:18:06,880 --> 00:18:09,990
I will in a minute.
Just answer my question.
282
00:18:10,000 --> 00:18:12,630
It wouldn't be hard to do,
would it?
283
00:18:12,640 --> 00:18:14,950
It would be for me.
Why's that?
284
00:18:14,960 --> 00:18:18,950
Because it gets down to morals.
I'd never do such a thing.
285
00:18:18,960 --> 00:18:23,270
Morals?! A technical crew
went in there to try and hide a...
286
00:18:23,280 --> 00:18:26,670
Are you suggesting I've committed
a criminal act, Mr Kidd?
287
00:18:26,680 --> 00:18:29,990
Because I take
great personal offence to that.
288
00:18:30,000 --> 00:18:34,110
I ask the questions, Mr Faithful.
You give the answers.
289
00:18:34,120 --> 00:18:37,270
Do you realise the difference
between a court
290
00:18:37,280 --> 00:18:38,950
and your normal workplace?
291
00:18:38,960 --> 00:18:40,430
Yes.
292
00:18:40,440 --> 00:18:45,630
Do you realise a court is bound
by rules of evidence and law,
293
00:18:45,640 --> 00:18:47,830
and we're all required
to comply by these rules,
294
00:18:47,840 --> 00:18:49,750
even if they are foreign to us?
295
00:18:49,760 --> 00:18:51,750
Of course.
296
00:18:51,760 --> 00:18:54,230
You did plant those drugs there,
didn't you?
297
00:18:54,240 --> 00:18:56,990
You asked that question,
and I tell you again,
298
00:18:57,000 --> 00:18:58,590
and I take considerable offence...
299
00:18:58,600 --> 00:19:00,910
You are experienced
at searching houses?
300
00:19:00,920 --> 00:19:02,430
Yes.
301
00:19:02,440 --> 00:19:04,750
How many house searches
have you conducted
302
00:19:04,760 --> 00:19:06,750
during your career
as a policeman?
303
00:19:06,760 --> 00:19:08,550
I don't know. Possibly hundreds.
304
00:19:08,560 --> 00:19:11,870
In relation to drugs, how many
searches have you conducted?
305
00:19:11,880 --> 00:19:13,350
A great many.
306
00:19:13,360 --> 00:19:15,270
And when you
search these houses,
307
00:19:15,280 --> 00:19:17,990
it's generally
a very thorough search, isn't it?
308
00:19:18,000 --> 00:19:19,510
If time permits.
309
00:19:19,520 --> 00:19:21,510
When you searched
my client's house,
310
00:19:21,520 --> 00:19:23,590
did you search the front bedroom?
311
00:19:23,600 --> 00:19:25,070
No.
312
00:19:25,080 --> 00:19:27,310
Did you search the second bedroom?
No.
313
00:19:27,320 --> 00:19:29,430
Did you search the bathroom?
314
00:19:29,440 --> 00:19:30,950
No.
315
00:19:30,960 --> 00:19:33,270
Did you search all of the kitchen?
No.
316
00:19:33,280 --> 00:19:35,150
How long did this search take?
317
00:19:35,160 --> 00:19:38,270
Approximately 10 minutes,
perhaps a little less.
318
00:19:38,280 --> 00:19:43,230
Isn't it true
that that is the quickest search
319
00:19:43,240 --> 00:19:45,150
that you've ever conducted
in your whole career?
320
00:19:45,160 --> 00:19:46,990
Yes, that'd be correct.
321
00:19:47,000 --> 00:19:50,110
The reason being that you didn't
have to search for the drugs
322
00:19:50,120 --> 00:19:53,310
because you knew
where you'd put them.
323
00:19:53,320 --> 00:19:55,436
Isn't that so?
I deny that.
324
00:19:56,720 --> 00:20:00,430
Then how did you know where the drugs
were, if you hadn't put them there?
325
00:20:00,440 --> 00:20:02,430
PETER:
I was acting on information.
326
00:20:02,440 --> 00:20:04,158
What information? From whom?
327
00:20:05,680 --> 00:20:07,750
Well, I'd rather not say.
328
00:20:07,760 --> 00:20:09,470
KIDD: I bet you wouldn't!
329
00:20:09,480 --> 00:20:11,550
What was this information?
330
00:20:11,560 --> 00:20:14,950
The information was that the drugs
would be in the kitchen
331
00:20:14,960 --> 00:20:16,790
around the stove area.
332
00:20:16,800 --> 00:20:19,790
Who told him that? Mal?
KIDD: Who gave you that information?
333
00:20:19,800 --> 00:20:21,990
I can't divulge
that person's name.
334
00:20:22,000 --> 00:20:23,990
Was this person
a registered informant?
335
00:20:24,000 --> 00:20:26,430
Yes, but I'd rather not
pursue the matter
336
00:20:26,440 --> 00:20:29,230
in relation
to the informer's identity.
337
00:20:29,240 --> 00:20:32,510
Are you telling His Honour
how to run his court again?
338
00:20:32,520 --> 00:20:35,637
No, Mr Kidd. I assure you
I'm not doing that.
339
00:20:37,320 --> 00:20:42,030
According to you, you located
the drugs in record time
340
00:20:42,040 --> 00:20:45,550
because of information given to you
by some fictitious person.
341
00:20:45,560 --> 00:20:47,030
Is that so?
342
00:20:47,040 --> 00:20:49,670
We located the drugs
because a registered informant
343
00:20:49,680 --> 00:20:51,990
told me approximately
where they would be.
344
00:20:52,000 --> 00:20:54,630
I ask you again,
what was your reason
345
00:20:54,640 --> 00:20:58,235
for not seizing the package
that you say was drugs?
346
00:20:59,600 --> 00:21:02,592
Well, it would have jeopardised
a major ongoing investigation.
347
00:21:04,000 --> 00:21:05,718
What I suggest is this.
348
00:21:06,720 --> 00:21:11,270
Such was your desire for revenge
against the Hennessey family
349
00:21:11,280 --> 00:21:14,550
that you decided
to put the drugs there
350
00:21:14,560 --> 00:21:17,390
so that you could lay a charge
against my client.
351
00:21:17,400 --> 00:21:18,870
Is that not so?
352
00:21:18,880 --> 00:21:22,430
No. I deny that emphatically.
353
00:21:22,440 --> 00:21:25,070
KIDD: You're still taking exception
to my questions, Sergeant?
354
00:21:25,080 --> 00:21:27,390
PETER: As a matter of fact, I am.
355
00:21:27,400 --> 00:21:29,790
This isn't the first time
that's been put to you.
356
00:21:29,800 --> 00:21:32,150
No.
357
00:21:32,160 --> 00:21:34,870
This allegation has been put to you
on numerous occasions
358
00:21:34,880 --> 00:21:37,470
in the not too distant past,
hasn't it?
359
00:21:37,480 --> 00:21:39,470
Most crooks come up with that.
360
00:21:39,480 --> 00:21:41,789
Just answer the question -
yes or no.
361
00:21:44,200 --> 00:21:46,270
Yes.
362
00:21:46,280 --> 00:21:49,030
Did you charge William Jasper?
Yes.
363
00:21:49,040 --> 00:21:51,630
Did you charge Paul Smith?
Yes.
364
00:21:51,640 --> 00:21:53,350
KIDD: These people were charged
with drug offences?
365
00:21:53,360 --> 00:21:54,830
(Both murmur softly)
PETER: Yes.
366
00:21:54,840 --> 00:21:56,950
KIDD: They all alleged the drugs
were planted on them?
367
00:21:56,960 --> 00:21:59,350
PETER: I can't tell you that
off the top of my head.
368
00:21:59,360 --> 00:22:04,434
I have here the transcripts for the first
three cases, if you'd care to read them.
369
00:22:05,600 --> 00:22:08,831
(Throws down papers)
Yes, that's correct.
370
00:22:16,600 --> 00:22:18,079
You ready?
371
00:22:19,280 --> 00:22:22,272
Jeez, Mr Faithful.
Think I need a leak.
372
00:22:25,520 --> 00:22:27,033
Let's go.
373
00:22:33,280 --> 00:22:35,840
Are you wired?
No.
374
00:22:37,760 --> 00:22:41,390
You're not gonna get any admissions
about the drugs. You know that?
375
00:22:41,400 --> 00:22:44,390
Once you put that tape on,
it's, "No comment."
376
00:22:44,400 --> 00:22:46,030
That's how it's gotta be.
377
00:22:46,040 --> 00:22:48,349
Tell me something
I don't already know.
378
00:22:49,360 --> 00:22:51,990
You got some scag
out of me house.
379
00:22:52,000 --> 00:22:54,310
I'm gonna say you put it there.
380
00:22:54,320 --> 00:22:58,632
You got no evidence of possession,
so you're right up shit creek, right?
381
00:23:00,440 --> 00:23:02,510
Look, you forget
about them drugs...
382
00:23:03,760 --> 00:23:07,389
...and I'll give you the names
of a couple of bigger dealers.
383
00:23:10,080 --> 00:23:13,190
No deal.
You're crazy!
384
00:23:13,200 --> 00:23:15,190
All I'll get is a fine,
385
00:23:15,200 --> 00:23:18,190
even if you can prove possession,
which you won't.
386
00:23:18,200 --> 00:23:20,509
Then that's the way it's gotta be.
387
00:23:22,360 --> 00:23:24,350
You lost me once, Faithful.
388
00:23:24,360 --> 00:23:27,310
You're gonna lose me again!
389
00:23:27,320 --> 00:23:29,710
KIDD: Let's move
to the VicBank armed robbery,
390
00:23:29,720 --> 00:23:31,830
where two young police were shot.
391
00:23:31,840 --> 00:23:35,030
You were the first detective
to arrive on the scene?
392
00:23:35,040 --> 00:23:36,670
Don't be hesitant, Mr Faithful.
393
00:23:36,680 --> 00:23:39,319
The jury's fully aware
of that previous trial.
394
00:23:41,600 --> 00:23:43,110
That's correct.
395
00:23:43,120 --> 00:23:45,156
Must've been
a devastating experience.
396
00:23:46,560 --> 00:23:48,550
Things like that are never easy.
397
00:23:48,560 --> 00:23:50,950
Did you need counselling
from a psychologist?
398
00:23:50,960 --> 00:23:53,990
It's mandatory
to see a psychologist
399
00:23:54,000 --> 00:23:55,590
when a member's involved
in a shooting...
400
00:23:55,600 --> 00:23:57,270
Just answer 'yes' or 'no'.
401
00:23:57,280 --> 00:23:58,910
You asked him a question!
402
00:23:58,920 --> 00:24:00,910
It's not an opportunity for him...
403
00:24:00,920 --> 00:24:02,390
He's entitled to answer!
404
00:24:02,400 --> 00:24:05,710
It's not an opportunity for him
to make a speech, Your Honour.
405
00:24:05,720 --> 00:24:08,350
GROSSMAN: If he does so,
I'll stop him.
406
00:24:08,360 --> 00:24:09,839
Answer without a speech.
407
00:24:10,840 --> 00:24:12,876
I saw a police psychologist.
408
00:24:14,120 --> 00:24:19,230
As the jury has been told,
at the end of a long investigation,
409
00:24:19,240 --> 00:24:21,629
my client, along with others,
was charged.
410
00:24:22,640 --> 00:24:24,110
Yes.
411
00:24:24,120 --> 00:24:27,430
At the end of the trial
that followed that investigation,
412
00:24:27,440 --> 00:24:31,990
a Supreme Court jury found
those charged were to be acquitted.
413
00:24:32,000 --> 00:24:33,630
Yes.
414
00:24:33,640 --> 00:24:36,510
And within hours
of that acquittal,
415
00:24:36,520 --> 00:24:40,070
posters began appearing
in police stations all over the state,
416
00:24:40,080 --> 00:24:46,758
posters bearing the words,
"Don't get mad. Get even."
417
00:24:48,840 --> 00:24:50,637
You got even, didn't you?
418
00:24:52,040 --> 00:24:53,678
I do my job.
419
00:24:54,680 --> 00:24:56,150
KIDD: You did your job!
420
00:24:56,160 --> 00:24:59,110
Out of nine years with the CIB,
421
00:24:59,120 --> 00:25:03,070
you've spent four of those
on the Hennessey family.
422
00:25:03,080 --> 00:25:09,270
And as a result of this gigantic use
of human and technical resources,
423
00:25:09,280 --> 00:25:11,830
you've been able
to come up with a charge
424
00:25:11,840 --> 00:25:15,430
amounting to 2.5 grams of heroin?
425
00:25:15,440 --> 00:25:20,870
Your Honour, cross-examination is to
elicit evidence, not to make comments.
426
00:25:20,880 --> 00:25:24,550
And had my client
or any member of his family
427
00:25:24,560 --> 00:25:27,030
committed any other crime
during that time,
428
00:25:27,040 --> 00:25:29,990
you would have surely brought it
to the attention of this court.
429
00:25:30,000 --> 00:25:34,350
You've not done so.
What do you say about that?
430
00:25:34,360 --> 00:25:38,630
I enforce the laws
as laid down in legislation.
431
00:25:38,640 --> 00:25:40,430
I don't write those laws.
432
00:25:40,440 --> 00:25:42,510
The heroin was traffickable.
433
00:25:42,520 --> 00:25:44,230
It was 80% pure -
434
00:25:44,240 --> 00:25:47,190
as close to 90% top-grade
as you can get.
435
00:25:47,200 --> 00:25:49,190
Which indicates it hadn't been cut
436
00:25:49,200 --> 00:25:51,190
since being imported
into this country.
437
00:25:51,200 --> 00:25:54,192
It was enough
to kill several people.
438
00:26:04,160 --> 00:26:08,150
I reckon that copper did me
for speeding about 12 months back.
439
00:26:08,160 --> 00:26:10,870
Same nasty little glint in his eye.
440
00:26:10,880 --> 00:26:13,910
He kept staring at me like he
remembered me or some... something.
441
00:26:13,920 --> 00:26:16,470
Uh, you shouldn't
be doing that here.
442
00:26:16,480 --> 00:26:18,470
It's a criminal act.
443
00:26:18,480 --> 00:26:21,472
They can take me to court.
Oi! Kirsty!
444
00:26:22,960 --> 00:26:25,520
That dickhead's on the jury,
for Christ's sake!
445
00:26:28,120 --> 00:26:32,159
Huh! Jesus. You could sharpen
an axe on that bat's face.
446
00:26:33,480 --> 00:26:35,950
It's kick where you see a head.
447
00:26:35,960 --> 00:26:38,590
I could have used
your help out there.
448
00:26:38,600 --> 00:26:40,590
Kidd nearly blitzed me.
449
00:26:40,600 --> 00:26:43,590
The loneliest place in the world,
that witness box.
450
00:26:43,600 --> 00:26:47,190
Look, he's trying to dress you up
as a thug.
451
00:26:47,200 --> 00:26:50,550
Don't sweat it.
His shit stinks too, alright?
452
00:26:50,560 --> 00:26:53,750
Anyway, we shouldn't be discussing this.
Have your lunch and keep quiet.
453
00:26:53,760 --> 00:26:55,750
It's not funny when it's me.
454
00:26:55,760 --> 00:26:58,270
Vic, Kirsty just spoke to a juror.
455
00:26:58,280 --> 00:26:59,910
I saw her.
456
00:26:59,920 --> 00:27:03,830
Now we hear a thunderclap
and the sky goes black.
457
00:27:03,840 --> 00:27:06,550
MANOULIS: Your Honour,
my instructor observed a person
458
00:27:06,560 --> 00:27:09,670
attempt to engage a juror
in conversation.
459
00:27:09,680 --> 00:27:11,270
It's the witness.
460
00:27:11,280 --> 00:27:15,470
She's a proposed defence witness
who's outside the court, Your Honour.
461
00:27:15,480 --> 00:27:17,470
Which witness is this?
462
00:27:17,480 --> 00:27:19,470
Kirsty Nichols,
my client's de facto.
463
00:27:19,480 --> 00:27:22,470
I propose to call her
to give evidence
464
00:27:22,480 --> 00:27:25,030
at the completion
of my friend's case.
465
00:27:25,040 --> 00:27:26,470
It isn't over yet.
466
00:27:26,480 --> 00:27:29,630
Is it the Crown application
I look into this matter?
467
00:27:29,640 --> 00:27:33,155
Yes, Your Honour.
We would like it investigated, please.
468
00:27:40,360 --> 00:27:42,351
Kirsty Nichols.
469
00:28:01,840 --> 00:28:04,830
Would Your Honour prefer
to ask the questions, or?
470
00:28:04,840 --> 00:28:07,310
I'm happy for you
to examine her, Mr Manoulis.
471
00:28:07,320 --> 00:28:09,830
Thank you, Your Honour.
472
00:28:09,840 --> 00:28:12,830
Ms Nichols, what is your relationship
with one of the accused?
473
00:28:12,840 --> 00:28:14,751
Steve's my de facto.
474
00:28:15,760 --> 00:28:17,310
MANOULIS: Alright.
475
00:28:17,320 --> 00:28:20,030
His Honour is worried
about an incident
476
00:28:20,040 --> 00:28:22,030
that occurred during lunchtime.
477
00:28:22,040 --> 00:28:24,070
You know what I'm referring to?
478
00:28:24,080 --> 00:28:27,190
Something to do with a juror?
Yes.
479
00:28:27,200 --> 00:28:30,190
Jesus! Why was she doing that?
I don't know.
480
00:28:30,200 --> 00:28:32,750
Where were you?
In the bloody toilet!
481
00:28:32,760 --> 00:28:35,750
Why'd you leave her alone?
You know she's stupid!
482
00:28:35,760 --> 00:28:37,750
Is that correct, Ms Nichols?
483
00:28:37,760 --> 00:28:40,710
GROSSMAN: I'm aware
of that ashtray, Mr Manoulis.
484
00:28:40,720 --> 00:28:43,350
I look at it longingly
at every break.
485
00:28:43,360 --> 00:28:45,351
I've been off them a week.
486
00:28:47,040 --> 00:28:51,190
What were you doing
at the time of this incident?
487
00:28:51,200 --> 00:28:54,470
Waiting for my mother-in-law,
Mrs Hennessey.
488
00:28:54,480 --> 00:28:57,710
And I saw this bloke
start walking towards me.
489
00:28:57,720 --> 00:29:00,030
Yes, and what happened then?
490
00:29:00,040 --> 00:29:04,230
Well, he came up to me
and I said hi.
491
00:29:04,240 --> 00:29:06,230
And then he said hi back,
492
00:29:06,240 --> 00:29:09,230
and then Mrs Hennessey
yelled at me and said,
493
00:29:09,240 --> 00:29:11,230
"Don't talk to him -
he's on the jury!"
494
00:29:11,240 --> 00:29:12,798
So I stopped.
495
00:29:14,320 --> 00:29:17,910
And is there any connection
between you and this man?
496
00:29:17,920 --> 00:29:21,117
No. I thought he was someone else.
497
00:29:22,720 --> 00:29:25,070
MANOULIS:
Alright. Thank you.
498
00:29:25,080 --> 00:29:28,430
BRONOWSKl: Prior to today,
you've never spoken to this man?
499
00:29:28,440 --> 00:29:30,430
Shirl not behind this?
500
00:29:30,440 --> 00:29:32,430
Too much of a pro.
501
00:29:32,440 --> 00:29:35,510
She knows all the rules
and how to break them.
502
00:29:35,520 --> 00:29:38,030
BRONOWSKl:
No further questions, Your Honour.
503
00:29:38,040 --> 00:29:40,600
This does not pass the smell test.
504
00:29:41,760 --> 00:29:43,751
GROSSMAN:
Do you wish to re-examine?
505
00:29:45,640 --> 00:29:48,029
No, Your Honour.
506
00:29:49,240 --> 00:29:51,550
GROSSMAN: Well, I'm satisfied
this lady is telling the truth.
507
00:29:51,560 --> 00:29:53,390
I see no reason
to call any more witnesses.
508
00:29:53,400 --> 00:29:55,150
The matter can rest.
509
00:29:55,160 --> 00:29:56,750
Thank you.
510
00:29:56,760 --> 00:29:58,398
Bring in the jury.
511
00:30:08,480 --> 00:30:10,675
(KNOCK AT DOOR)
512
00:30:11,720 --> 00:30:13,790
DAVE: Know any good jokes, Jack?
513
00:30:13,800 --> 00:30:15,590
Back inside, thanks.
514
00:30:15,600 --> 00:30:17,910
What's the hold-up?
Just a little hiccup.
515
00:30:17,920 --> 00:30:19,990
Surprise, surprise.
516
00:30:26,280 --> 00:30:29,870
BRONOWSKl: I'm certainly not
suggesting you assaulted him
517
00:30:29,880 --> 00:30:31,870
or anything like that,
you understand?
518
00:30:31,880 --> 00:30:33,870
PETER: I hope not.
519
00:30:33,880 --> 00:30:37,870
I'm not indicating you went so far
as to assault my client.
520
00:30:37,880 --> 00:30:41,550
I'm not suggesting you did
any more than simply threaten him.
521
00:30:41,560 --> 00:30:43,550
I didn't threaten anyone.
Mr Faithful.
522
00:30:43,560 --> 00:30:45,551
My client was terrified of you.
523
00:30:47,720 --> 00:30:49,670
PETER: You agree
that after being arrested
524
00:30:49,680 --> 00:30:52,270
you stood beside me and
your brother-in-law Steven Hennessey,
525
00:30:52,280 --> 00:30:54,870
where I removed
a bag of white powder
526
00:30:54,880 --> 00:30:57,470
from a cavity
underneath the kitchen bench?
527
00:30:57,480 --> 00:30:59,790
Only white powder I know about's
what you put there.
528
00:30:59,800 --> 00:31:03,470
No comment
to any questions you ask me.
529
00:31:03,480 --> 00:31:05,994
You just want to frame us all.
530
00:31:07,000 --> 00:31:10,270
I don't know nothin'
about no drugs.
531
00:31:10,280 --> 00:31:12,150
BRONOWSKl: Would you say
Mr Mack was cooperative?
532
00:31:12,160 --> 00:31:15,990
He was polite. (Clears throat)
Excuse me. He was friendly.
533
00:31:16,000 --> 00:31:19,270
Didn't tell the truth
about a few matters along the way.
534
00:31:19,280 --> 00:31:21,950
Do you live in the real world?
535
00:31:21,960 --> 00:31:24,550
You've gotta threaten
crims like that.
536
00:31:24,560 --> 00:31:26,550
But bashing the shit
out of them?
537
00:31:26,560 --> 00:31:30,110
Who do they complain to then?
What's his motive?
538
00:31:30,120 --> 00:31:33,112
Revenge - a dish best served cold.
539
00:31:36,600 --> 00:31:40,350
Hey, how's that other, uh... you know,
that other business going?
540
00:31:40,360 --> 00:31:42,070
Is this the thing
I know nothing about?
541
00:31:42,080 --> 00:31:43,670
Exactly.
Could be.
542
00:31:43,680 --> 00:31:45,670
Do it someplace else.
Look.
543
00:31:45,680 --> 00:31:48,470
I don't want any blues
with the DPP.
544
00:31:48,480 --> 00:31:51,950
I'll gather evidence.
You decide what to charge Mal with.
545
00:31:51,960 --> 00:31:53,550
Don't fraternise with him.
546
00:31:53,560 --> 00:31:56,550
He'll call you
in the middle of the night.
547
00:31:56,560 --> 00:32:01,070
I've got a great witness on ice,
who can't risk perjury.
548
00:32:01,080 --> 00:32:04,070
The sooner you start acting
like Victoria's best solicitor,
549
00:32:04,080 --> 00:32:07,630
and not the investigator
you think you want to be...
550
00:32:07,640 --> 00:32:10,470
Don't lose the case
just for my ego.
551
00:32:10,480 --> 00:32:14,473
There's no point charging people
if the jury says 'not guilty'.
552
00:32:24,280 --> 00:32:27,270
So, has it changed much?
Been repainted.
553
00:32:27,280 --> 00:32:29,270
That's new.
554
00:32:29,280 --> 00:32:31,270
Mal had it replastered.
555
00:32:31,280 --> 00:32:33,990
You know -
puttied up the bullet holes.
556
00:32:34,000 --> 00:32:35,990
So who was here that night?
557
00:32:36,000 --> 00:32:39,830
Mal, some bloke called Gazza,
me and Pat.
558
00:32:39,840 --> 00:32:42,310
Everyone else had left.
559
00:32:42,320 --> 00:32:44,310
So where was Shirl?
560
00:32:44,320 --> 00:32:47,310
At her place next door
with young Shane.
561
00:32:47,320 --> 00:32:50,790
Steve was in a youth training centre
at the time, I think.
562
00:32:51,800 --> 00:32:54,830
So, what was the occasion?
563
00:32:54,840 --> 00:32:56,910
There wasn't one.
564
00:32:56,920 --> 00:32:58,910
Just a Hennessey piss-up.
565
00:32:58,920 --> 00:33:02,310
See, Pat was a manic boxer,
you know.
566
00:33:02,320 --> 00:33:04,311
Drunk as hell that night.
567
00:33:06,160 --> 00:33:07,830
Bit of a pack runner, I guess.
568
00:33:07,840 --> 00:33:09,550
But he was bodyguard to Mal.
569
00:33:09,560 --> 00:33:12,550
He was a mate.
He was always with Mal.
570
00:33:12,560 --> 00:33:14,550
Mal was getting into speed.
571
00:33:14,560 --> 00:33:16,551
I could handle it. He couldn't.
572
00:33:17,640 --> 00:33:19,949
So why did he shoot Pat?
573
00:33:21,480 --> 00:33:24,153
You tell me and we'll both know.
574
00:33:26,480 --> 00:33:29,110
Mal cut his hand. Pat laughed.
575
00:33:29,120 --> 00:33:31,590
MAL: Shit!
(Laughs)
576
00:33:31,600 --> 00:33:33,909
Think that's funny?
Get out!
577
00:33:35,480 --> 00:33:38,790
Mal went berko, and he shoved Pat.
578
00:33:40,200 --> 00:33:42,430
Back off! Back off!
579
00:33:42,440 --> 00:33:45,830
They began wrestling like
a couple of lunatics, you know.
580
00:33:45,840 --> 00:33:48,638
And blood from Mal's hand
was going everywhere.
581
00:33:52,000 --> 00:33:53,470
Then...
582
00:33:53,480 --> 00:33:58,150
Then Mal picked up a broken glass
and he sliced Pat in the face with it.
583
00:33:58,160 --> 00:34:00,350
You want to play, Clancy?
584
00:34:00,360 --> 00:34:02,350
You think it's funny?
585
00:34:02,360 --> 00:34:06,797
You know I'll jab you, don't you?
You know I'll do it! Hey? Hey?
586
00:34:07,800 --> 00:34:09,270
(Screams)
587
00:34:09,280 --> 00:34:11,790
Pat was a good fighter,
588
00:34:11,800 --> 00:34:15,790
but he couldn't see shit
through all that blood, you know?
589
00:34:15,800 --> 00:34:21,636
And... then Mal came over to the stereo
and cranked up the volume.
590
00:34:22,800 --> 00:34:25,430
Pat should have known
what that meant.
591
00:34:25,440 --> 00:34:27,476
We all should have.
592
00:34:28,480 --> 00:34:31,070
See, he kept it in his belt.
593
00:34:31,080 --> 00:34:33,071
(MUSIC BLARES)
594
00:34:35,360 --> 00:34:37,351
That's when I shat myself.
595
00:34:39,320 --> 00:34:42,430
Whole thing
only took 10 seconds.
596
00:34:42,440 --> 00:34:44,431
It was quick.
597
00:34:46,440 --> 00:34:48,550
Bloody quick.
598
00:34:48,560 --> 00:34:50,550
Think that's funny?
599
00:34:50,560 --> 00:34:52,551
(Fires five times)
600
00:35:06,000 --> 00:35:07,990
Gazza yelled at Mal
to put the gun down.
601
00:35:08,000 --> 00:35:09,470
Don't think he heard.
602
00:35:09,480 --> 00:35:12,470
Then I saw bullet holes
appearing in the wall.
603
00:35:12,480 --> 00:35:14,471
Shit, that was weird.
604
00:35:19,520 --> 00:35:21,510
So, what was happening to Pat?
605
00:35:21,520 --> 00:35:24,159
Uh, he went down.
606
00:35:25,920 --> 00:35:29,350
Then there was
this awful long moment...
607
00:35:29,360 --> 00:35:31,350
And...
608
00:35:31,360 --> 00:35:35,030
Mal put a shot
in the back of his head.
609
00:35:35,040 --> 00:35:37,030
I couldn't hear anything.
610
00:35:37,040 --> 00:35:39,030
It was like I'd gone deaf.
611
00:35:39,040 --> 00:35:42,030
I had ringing in me ears
for weeks.
612
00:35:42,040 --> 00:35:45,032
The smell of the gunpowder,
it still makes me sick.
613
00:35:47,400 --> 00:35:49,390
So who was this Gazza?
614
00:35:49,400 --> 00:35:53,150
Uh, Gazza, Gary -
don't know his other name.
615
00:35:53,160 --> 00:35:57,550
He was a quiet sort of bloke
the few times I met him.
616
00:35:57,560 --> 00:36:01,439
I didn't have much chance
to get to know him.
617
00:36:04,720 --> 00:36:06,710
And Shirl? What was she doing?
618
00:36:06,720 --> 00:36:09,510
She was in that door
in a few minutes.
619
00:36:09,520 --> 00:36:11,710
Told me to make myself useful,
620
00:36:11,720 --> 00:36:15,430
go next door and get stuff
to clean up the blood.
621
00:36:15,440 --> 00:36:20,110
I saw Mal dragging out
the wet-and-dry vac.
622
00:36:20,120 --> 00:36:23,556
When I came back,
Mal, Gazza and the body were gone.
623
00:36:25,960 --> 00:36:28,428
I never saw Gazza again.
624
00:36:36,080 --> 00:36:38,071
That's good.
625
00:36:40,000 --> 00:36:41,592
(CAMERA SHUTTER CLICKS)
626
00:36:42,600 --> 00:36:44,790
(METAL DETECTOR BEEPS)
627
00:36:44,800 --> 00:36:46,791
(CAMERA SHUTTER CLICKS)
628
00:37:05,480 --> 00:37:08,870
Just kicked a goal
from centre half-back.
629
00:37:12,240 --> 00:37:16,230
KIDD: The defence would like to
call Kirsty Nichols, Your Honour.
630
00:37:16,240 --> 00:37:18,910
I noticed you speak very softly,
Ms Nichols.
631
00:37:18,920 --> 00:37:21,798
Could you speak across to the jury?
They need to hear you.
632
00:37:22,880 --> 00:37:26,590
How do you know the accused,
Steve Hennessey?
633
00:37:26,600 --> 00:37:28,590
He's my de facto.
634
00:37:28,600 --> 00:37:31,590
And you are aware
of why he's in court?
635
00:37:31,600 --> 00:37:33,591
He's charged with trafficking.
636
00:37:34,880 --> 00:37:38,910
Can I turn your mind back
to the period of the charge?
637
00:37:38,920 --> 00:37:41,750
Were you living with him
at that time?
638
00:37:41,760 --> 00:37:43,270
Yes.
639
00:37:43,280 --> 00:37:47,270
And in that period, did you meet
one of the Crown witnesses,
640
00:37:47,280 --> 00:37:48,750
Dale Cassidy?
641
00:37:48,760 --> 00:37:50,193
Yes.
642
00:37:52,280 --> 00:37:54,750
Cassidy came to your home?
Yes.
643
00:37:54,760 --> 00:37:57,750
And how was it
that you came to know him?
644
00:37:57,760 --> 00:38:00,710
He and Steve were mates.
645
00:38:00,720 --> 00:38:03,590
And how would you describe
your relationship
646
00:38:03,600 --> 00:38:05,590
with the witness Cassidy?
647
00:38:05,600 --> 00:38:08,030
I didn't like him much.
648
00:38:08,040 --> 00:38:10,030
Why was that, Ms Nichols?
649
00:38:10,040 --> 00:38:13,670
Because he was always trying
to get into my pants.
650
00:38:13,680 --> 00:38:15,670
What do you mean by that?
651
00:38:15,680 --> 00:38:18,350
He always wanted me
to sleep with him.
652
00:38:18,360 --> 00:38:20,350
Did you?
No.
653
00:38:20,360 --> 00:38:22,350
I love Steve.
654
00:38:22,360 --> 00:38:24,350
I've never been with another man.
655
00:38:24,360 --> 00:38:26,670
Did you tell Steve about this?
656
00:38:26,680 --> 00:38:28,350
Yes.
657
00:38:28,360 --> 00:38:30,350
And how did he react?
658
00:38:30,360 --> 00:38:32,351
He was really mad.
659
00:38:33,880 --> 00:38:36,030
And did he do
anything about it?
660
00:38:36,040 --> 00:38:38,190
He told Cassidy
to leave me alone.
661
00:38:38,200 --> 00:38:40,350
This is becoming
a three-hanky trial.
662
00:38:40,360 --> 00:38:44,190
Cassidy told the jury
he bought drugs from Steve.
663
00:38:44,200 --> 00:38:47,190
What do you say about that?
It's not true.
664
00:38:47,200 --> 00:38:49,190
Steve never sold drugs to anyone.
665
00:38:49,200 --> 00:38:51,710
He'd buy some for himself.
From who?
666
00:38:51,720 --> 00:38:53,710
From Darren.
667
00:38:53,720 --> 00:38:56,030
Darren who?
Darren Mack.
668
00:38:56,040 --> 00:38:58,270
The other man up there in the back.
669
00:38:58,280 --> 00:39:00,710
You prick!
You bitch!
670
00:39:00,720 --> 00:39:06,550
KIRSTY: Darren would buy heroin from
Cassidy, then pass a little bit to Steve.
671
00:39:06,560 --> 00:39:09,279
Heaven protect you
from friends and relatives.
672
00:39:20,960 --> 00:39:23,430
I've heard what you've said,
Ms Nichols.
673
00:39:23,440 --> 00:39:25,990
But have you any evidence
for the police
674
00:39:26,000 --> 00:39:28,719
connecting my client,
Darren Mack, with drugs?
675
00:39:31,600 --> 00:39:33,318
No.
676
00:39:36,120 --> 00:39:38,110
No further questions.
677
00:39:38,120 --> 00:39:42,670
MANOULIS: Ms Nichols,
I'm getting really confused here.
678
00:39:42,680 --> 00:39:45,710
Did you make a statement to the police
during this investigation?
679
00:39:45,720 --> 00:39:49,190
Yes, but I'm not sure
what I said.
680
00:39:49,200 --> 00:39:51,790
On concluding that statement,
you acknowledged,
681
00:39:51,800 --> 00:39:53,790
"This statement
is true and correct
682
00:39:53,800 --> 00:39:57,790
"and based on the belief that
a person making a false statement,
683
00:39:57,800 --> 00:40:01,710
"in these circumstances,
is liable to the penalties of perjury."
684
00:40:01,720 --> 00:40:03,470
Is that right?
Yes.
685
00:40:03,480 --> 00:40:05,710
Well, you swore in that statement
686
00:40:05,720 --> 00:40:08,790
that Darren and Steve
sold heroin to Cassidy.
687
00:40:08,800 --> 00:40:10,790
Well, that particular bit
wasn't right.
688
00:40:10,800 --> 00:40:12,790
Oh, that bit wasn't right?
689
00:40:12,800 --> 00:40:16,790
What reason can you give us
for saying that in the first place?
690
00:40:16,800 --> 00:40:18,430
I was scared at the time.
691
00:40:18,440 --> 00:40:21,670
Who were you scared of?
Of him.
692
00:40:21,680 --> 00:40:23,670
Sergeant Faithful.
693
00:40:23,680 --> 00:40:27,270
MANOULIS: Isn't it a fact that you
voluntarily approached the police
694
00:40:27,280 --> 00:40:28,870
and asked for protection?
695
00:40:28,880 --> 00:40:30,470
KIRSTY: Yes.
696
00:40:30,480 --> 00:40:33,470
You agreed to testify against
the Hennesseys for protection?
697
00:40:33,480 --> 00:40:35,030
Yes.
698
00:40:35,040 --> 00:40:37,670
Then aren't you
making this whole thing up?
699
00:40:37,680 --> 00:40:40,592
It's not police
you're frightened of, is it?
700
00:40:42,360 --> 00:40:45,030
Cassidy didn't want Steve
to have me.
701
00:40:45,040 --> 00:40:49,591
He wanted Steve put away
and he knew the police would do it.
702
00:40:58,080 --> 00:41:01,675
This is supposed to be
cross-examination, not therapy.
703
00:41:13,480 --> 00:41:15,950
Look. Here, you take this.
704
00:41:15,960 --> 00:41:17,950
Now, don't worry about it.
705
00:41:17,960 --> 00:41:20,110
OK?
Call me, OK?
706
00:41:20,120 --> 00:41:22,110
'Bye.
707
00:41:22,120 --> 00:41:28,630
GROSSMAN: It is for you and you alone
to decide whether the accused men
708
00:41:28,640 --> 00:41:32,350
are guilty or not guilty
of the crimes charged.
709
00:41:32,360 --> 00:41:35,350
Now, if at the end
of your deliberations
710
00:41:35,360 --> 00:41:39,710
your judgment is, "I'm satisfied
beyond reasonable doubt
711
00:41:39,720 --> 00:41:44,953
"that the accused is guilty,"
your verdict should be 'guilty'.
712
00:41:46,440 --> 00:41:50,670
If your judgment is, "I'm not satisfied
beyond reasonable doubt
713
00:41:50,680 --> 00:41:53,030
"that the accused is guilty,"
714
00:41:53,040 --> 00:41:56,191
your verdict should be
'not guilty'.
715
00:41:57,920 --> 00:42:00,354
Hands up for 'guilty'?
716
00:42:07,000 --> 00:42:09,150
Hands up 'not guilty'?
717
00:42:15,120 --> 00:42:17,310
Any questions?
718
00:42:17,320 --> 00:42:19,311
DAVE: Yeah.
719
00:42:21,080 --> 00:42:23,753
Why should we listen to blokes
wearing wigs and dresses?
720
00:42:27,360 --> 00:42:30,430
Becoming a local tradition -
Kirsty somersaulting.
721
00:42:30,440 --> 00:42:32,990
The bitch still as cute as ever?
722
00:42:33,000 --> 00:42:35,070
Another graduate
from Shirl's charm school.
723
00:42:35,080 --> 00:42:37,070
Jury will never swallow it.
724
00:42:37,080 --> 00:42:41,070
Half the crims in town are
ringing Shirl with their best wishes.
725
00:42:41,080 --> 00:42:43,750
Well, the statements
are typed and signed.
726
00:42:43,760 --> 00:42:45,270
Ballistic report's in.
727
00:42:45,280 --> 00:42:47,350
Everything bar the DNA test.
728
00:42:47,360 --> 00:42:49,954
You want to wait for it?
729
00:42:51,160 --> 00:42:53,150
Nope. It's too long.
730
00:42:53,160 --> 00:42:58,590
If Steve and Darren walk,
they'll have one helluva party,
731
00:42:58,600 --> 00:43:00,670
and we all know what happens
when Mal parties.
732
00:43:00,680 --> 00:43:02,990
You have to call in
a plasterer the next day.
733
00:43:03,000 --> 00:43:06,510
He'll kill some poor bastard
just for the hell of it.
734
00:43:06,520 --> 00:43:08,510
We still haven't found this Gazza.
735
00:43:08,520 --> 00:43:11,510
If he sees Mal's smiling face
in the newspaper,
736
00:43:11,520 --> 00:43:13,795
he'll go to ground
and we'll never find him.
737
00:43:15,920 --> 00:43:18,950
I think we'd better arrange
some publicity of our own
738
00:43:18,960 --> 00:43:22,077
for dear old Mal.
739
00:43:25,360 --> 00:43:27,470
Here you go.
740
00:43:27,480 --> 00:43:29,070
Shirl.
741
00:43:29,080 --> 00:43:31,350
(PHONE RINGS)
742
00:43:31,360 --> 00:43:33,350
Kidd. Yeah.
743
00:43:33,360 --> 00:43:35,350
Right.
744
00:43:35,360 --> 00:43:39,190
Jury want to watch
the surveillance tape again.
745
00:43:39,200 --> 00:43:42,033
Quick to convict, slow to acquit.
746
00:43:43,200 --> 00:43:45,190
Jury's playing detective.
747
00:43:45,200 --> 00:43:47,190
Don't sweat it.
748
00:43:47,200 --> 00:43:49,190
That's a good sign.
749
00:43:49,200 --> 00:43:52,988
It's that hard-nosed bitch
up the back I'm worried about.
750
00:44:00,560 --> 00:44:02,950
Darren at the back, Steven here.
751
00:44:02,960 --> 00:44:04,950
Well, according to Cassidy.
752
00:44:04,960 --> 00:44:07,750
Mate, all I can see is Cassidy.
753
00:44:07,760 --> 00:44:10,110
I was going to the night footy.
754
00:44:10,120 --> 00:44:13,670
If we go late, will they feed us?
Hang on.
755
00:44:13,680 --> 00:44:15,670
A drug addict and his girlfriend
756
00:44:15,680 --> 00:44:18,430
said he bought drugs
from Darren and Steve.
757
00:44:18,440 --> 00:44:22,510
Steve's girlfriend said he never
sold drugs to Cassidy at all.
758
00:44:22,520 --> 00:44:24,590
So I guess it comes down
759
00:44:24,600 --> 00:44:28,830
to which girlfriend we're prepared
to believe - Kirsty or Simone?
760
00:44:28,840 --> 00:44:33,310
Yeah, well, Simone's tucked away in
a nice warm safe house with Cassidy
761
00:44:33,320 --> 00:44:35,310
at the taxpayers' expense.
762
00:44:35,320 --> 00:44:38,590
Kirsty's at home
with her baby and no Steve.
763
00:44:38,600 --> 00:44:40,830
Would your wife lie
to keep you free?
764
00:44:40,840 --> 00:44:42,830
Probably not.
Depends on what I'd done.
765
00:44:42,840 --> 00:44:44,830
Or been accused of doing.
766
00:44:44,840 --> 00:44:48,350
See, I told you.
We should just toss a coin.
767
00:44:48,360 --> 00:44:51,352
Want to know what I think?
I believe Simone.
768
00:44:52,360 --> 00:44:54,350
My brother was a junkie.
769
00:44:54,360 --> 00:44:57,230
That's why I understand
half of what they're saying.
770
00:44:57,240 --> 00:44:59,630
What she and Cassidy said
rings true
771
00:44:59,640 --> 00:45:02,630
to what I'd heard him say
so many times.
772
00:45:02,640 --> 00:45:05,630
If it was my brother
in the witness box,
773
00:45:05,640 --> 00:45:07,630
maybe he'd still be alive.
774
00:45:07,640 --> 00:45:10,230
What happened to him?
775
00:45:10,240 --> 00:45:12,710
He OD'd, didn't he?
776
00:45:12,720 --> 00:45:16,470
If he'd stood up
against his suppliers,
777
00:45:16,480 --> 00:45:18,750
maybe a whole drug network
could have been closed down.
778
00:45:18,760 --> 00:45:23,190
Gail, that's well and good,
but we can only go on this evidence.
779
00:45:23,200 --> 00:45:26,470
And the way it's looking,
it's all pointing at Darren.
780
00:45:26,480 --> 00:45:31,430
I'm not convinced beyond
a reasonable doubt that Steven is guilty.
781
00:45:31,440 --> 00:45:35,350
Yeah. Well, we've done our job.
GAIL: No, I'm not going with that.
782
00:45:35,360 --> 00:45:38,430
One in, both in.
They're as guilty as hell.
783
00:45:38,440 --> 00:45:42,030
Your chance to get even?
Yeah! My chance to get even.
784
00:45:42,040 --> 00:45:46,630
Do you have a problem with that?
Take a vote, Don.
785
00:45:46,640 --> 00:45:48,631
Alright, everybody, please.
786
00:45:53,720 --> 00:45:56,430
Darren first.
787
00:45:56,440 --> 00:45:58,192
'Guilty'?
788
00:46:03,560 --> 00:46:05,550
Thank you.
789
00:46:05,560 --> 00:46:07,950
Steven.
790
00:46:07,960 --> 00:46:09,712
'Guilty'?
791
00:46:14,320 --> 00:46:17,590
Sorry, Gail.
It doesn't have to be unanimous.
792
00:46:17,600 --> 00:46:19,591
Not anymore.
793
00:46:28,120 --> 00:46:30,110
They're not looking at us.
794
00:46:30,120 --> 00:46:31,997
Rooted.
795
00:46:42,960 --> 00:46:46,669
ROSE: Members of the jury,
how say you?
796
00:46:48,760 --> 00:46:50,590
REPORTER: Here they are.
Yes!
797
00:46:50,600 --> 00:46:52,390
I'll leave you to it, Shirl.
798
00:46:52,400 --> 00:46:55,790
Mr Hennessey, how do you feel?
799
00:46:55,800 --> 00:46:57,830
Them bastards
had it in for me all along.
800
00:46:57,840 --> 00:47:00,479
Today it's been proven
I didn't do it.
801
00:47:07,640 --> 00:47:10,670
Like I said right from the start,
both my boys are innocent.
802
00:47:10,680 --> 00:47:12,318
This has just got to stop!
803
00:47:18,880 --> 00:47:22,668
Victoria should wake up to what
Sergeant Faithful's doing to us.
804
00:47:49,120 --> 00:47:51,110
Hey, hey!
805
00:47:51,120 --> 00:47:54,670
Hey, I was so magnificent,
I even surprised myself!
806
00:47:54,680 --> 00:47:56,670
(Groans)
807
00:47:56,680 --> 00:47:59,390
Hey! Just call me 'the ledge'.
808
00:47:59,400 --> 00:48:01,870
OK, ledge.
Well done.
809
00:48:01,880 --> 00:48:03,870
Hey, news.
810
00:48:03,880 --> 00:48:07,430
Haven't you kids
got a set in your own rooms?
811
00:48:07,440 --> 00:48:10,110
Don't interrogate us.
We're not your witnesses.
812
00:48:10,120 --> 00:48:13,870
NEWSREADER: Today, when the jury
in the long-running drug trial
813
00:48:13,880 --> 00:48:16,910
of Steven Hennessey and Darren Mack
returned their verdict.
814
00:48:16,920 --> 00:48:20,990
Hennessey was acquitted of
all charges, whilst Mack was found guilty
815
00:48:21,000 --> 00:48:23,550
on two counts of trafficking
a drug of dependence.
816
00:48:23,560 --> 00:48:26,910
Today it's been proved
I didn't do it.
817
00:48:26,920 --> 00:48:30,430
Like I said right from the start,
all my boys are innocent.
818
00:48:30,440 --> 00:48:34,270
This has just gotta stop!
Good on ya, Shirl.
819
00:48:34,280 --> 00:48:37,070
Victoria should wake up to what
Sergeant Faithful's doing to us.
820
00:48:37,080 --> 00:48:39,430
NEWSREADER:
Police from the Tactical Response Squad
821
00:48:39,440 --> 00:48:42,590
then arrested Malcolm Hennessey,
brother of the acquitted man,
822
00:48:42,600 --> 00:48:44,950
outside the court.
823
00:48:44,960 --> 00:48:47,070
We've several matters to discuss
back at the office.
824
00:48:47,080 --> 00:48:49,150
Pig's arse!
I'm not going anywhere.
825
00:48:49,160 --> 00:48:52,790
Malcolm Hennessey, I arrest you
for the murder of Patrick Clancy.
826
00:48:52,800 --> 00:48:55,790
I didn't murder anybody!
What are you talking about?!
827
00:48:55,800 --> 00:48:57,790
Can't you leave this family alone?
828
00:48:57,800 --> 00:49:00,910
SHIRL: That bastard's
kidnapped me son!
829
00:49:00,920 --> 00:49:03,030
NEWSREADER:
Hennessey was remanded in custody
830
00:49:03,040 --> 00:49:04,910
to appear in
the Melbourne Magistrates' Court...
831
00:49:04,920 --> 00:49:08,190
Well, that's next year's
school fees taken care of.
832
00:49:08,200 --> 00:49:11,390
... Patrick Donald Clancy in 1986.
833
00:49:11,400 --> 00:49:13,230
Let go of me, you pig!
834
00:49:13,240 --> 00:49:15,913
Scum, Faithful!
Let me go!