Mrs Vasilich, we have a warrant for your arrest,
and we have a search warrant.
This is where Blakely's car was found.
They probably carried the body down this way.
Andy, I really was impressed.
On the balance of probabilities, I'd say you could be right.
All the defence has to do is create reasonable doubt and we're shot.
You won't need these, I guess.
We need a body, Jack. That's what we need.
You really want to go behind the DPP's back?
Bypass them altogether and run your own trial?
Yes. Would you be interested in running it for us?
Tony, I'm going to sign this ex-officio indictment in 24 hours
unless the DPP agree to prosecute Dianne Vasilich and her son for murder.
We have to go for it. Tony, we're not ready.
We have to win it and the person most likely to win is...
Your evidence will ensure a conviction.
Owen's a little different from Janet, but he's a fine advocate.
You're in good hands, I promise.
Two weeks ago you paid off your mortgage with $100,000 in cash.
Want to tell me where that came from? Who do you really want to upset?
If it's us, I'll have you declared a hostile witness
and question all your finances.
If it's them, we'll look into immediate relocation
for you and your son.
Subtitles by MemoryOnSmells http://UKsubtitles.ru.
As we approached the court building,
I saw Zebina standing there, waiting.
Owen, he saw Geoff Hadley so he stepped away
and, well, I went over to Zebina by myself.
We started chatting...
..we started to move away towards the court...
..and that's when I heard the motorbike.
Take your time.
Zebina looked up too.
Then I saw the man on the back of the bike pull out a gun.
There was a bang and I felt something hit me, knock me down.
But it wasn't a bullet.
It was Zebina.
She was on me, on top of me.
Heavy. Not moving.
Erin.
You alright?
You didn't have to stay.
I wasn't gonna walk away and leave you here.
I'm fine. Really?
I'm not fine and I was standing 50 metres away from the whole thing.
How'd you go in there? Was that OK?
Mm-hm.
Hey, listen, did you get a good look at the riders?
Owen, please. Not now.
Thank God you're here.
OK, so I brought you two different outfits.
I hope they're OK. Yeah, they'll be fine. Thank you.
Hey, Terry?
Bloody hell, this was the girl you were calling me about, wasn't it?
Yeah. What a fuckin' mess.
Is it on camera? Can you ID them?
All we've got at the moment is a victim,
pronounced dead at the scene,
cause of death, severe trauma to the head from a high-powered firearm.
We are currently... Terry, don't press release me.
Those murdering shitheads left a little kid without a mother.
And you without a witness. Is it on camera?
I just want to know if we'll be able to get 'em.
Well, because of all the security at the court complex,
this is probably the most filmed drive-by in history.
We've got the gun, bike, make, model, rego.
Have a look.
Unfortunately, they're wearing full-face helmets
so we can't ID them.
You alright? Yep.
Yep. Check this out.
The shooter's hand. Is that a tattoo?
Mmm.
It's hard to tell from the photo, but your young solicitor friend
has got a sharp set of eyes and drew this.
Did you run it? Yep. Got a match.
One Edward Collard.
A few minor convictions, assault, auto theft.
Interestingly, he's a nom in the same bikie gang as your defendant.
Nice one. Assassinations now?
I might as well move to Mexico.
The food's better, the booze is cheaper and the women are Mexican,
which is no small selling point, let me tell you.
Yeah, I can see the attraction.
I've had the Attorney-General on the phone for the best part of an hour.
Not happy? The word 'berserk' comes to mind.
But my chances of calming her would be significantly improved
if there was still a prospect of running the Simpson case.
Well, it's been adjourned till next Friday, which is just a formality.
Without our key witness, it's a certain nolle.
Perhaps I committed sins in a previous life
for which I am now atoning.
Tony. The shooting. They're gonna make an arrest very soon.
A guy in the same bikie gang as Simpson.
Are you lobbying for the brief already?
No. I'm saying I feel responsible.
I think of that woman's son. I look at Erin, outside.
Have you seen her? Not yet. Poor kid.
Yeah, she's a fuckin' mess.
And everybody else around here's pretty shaken up too.
I know.
You need someone who's gonna take these pricks on,
who'll walk over there despite everything that's happened,
walk into court and tear 'em to pieces.
Now, maybe there's a dozen other crowns who'd do that,
I'm just saying I'm fine with it.
I hear you've applied for silk.
It's no secret.
And winning a sensational case
with a high media profile wouldn't hurt that cause...
Maybe. I hadn't thought of that. Ah.
Yes, I'd love a chance to finish what I started.
But I also think this could work for both of us.
I had to give my clothes to forensics
so Lina brought in some clean gear for me
and I don't think the skirt works with the shirt.
No, it doesn't. What was she thinking?
You know, if you feel you want to talk to someone,
a professional, we can arrange that.
I spent my whole afternoon talking.
I don't want to think about it anymore.
Oh, you can get that. It's just Ash. I'll call her back.
When I was giving my statement, I was on autopilot.
I just answered the questions, did what I was told.
I didn't even think about what I was saying.
Doing what we do, it's easy to forget how hard it is
for witnesses having to relive it all.
As long as you feel you did your best.
The last person who did her best was gunned down in front of me.
Janet, call me, please.
What happened?
Is he OK? It's OK. He's fine.
Where is he? The swing clipped his head.
There's no sign of concussion, but it left a nasty gash.
It's deep, so they've put him under a light general...
General anaesthetic!
The plastic surgeon said it's the only way
to keep a toddler still enough for stitches.
I'm...
I'm so sorry I missed your calls.
I was talking to Erin and I... How is she?
Not good. It's been all over the telly.
They didn't identify her, did they? I wouldn't really know.
I've had other things to think about.
I'm sorry. Don't be. It's my fault.
I was reading an email on my phone...
You can't watch them every second.
I knew I wasn't paying proper attention.
I've been off with the fairies all day.
St Bart's called. Sounding me out about a position.
Head of the senior school. What?
Why didn't you tell me this?
I knew I wasn't going to take it
so I didn't see any point in mentioning it.
But they wrote again this morning
saying they really wanted me and could I reconsider,
and that was the email.
I must have read that bloody thing about ten times,
this pathetic little lifeline to the real world.
I was reading it again when Liam ran in front of the swing.
It's not your fault.
I'm sorry. Shh.
Got him. Edward Collard, he of the spider tattoo, and...
Toby Franzen. Toby Franzen.
We've been after that piece of shit for years.
Sergeant at Arms now? Yeah.
And the very one who sponsored our mate Collard
as a nominee in the bike club.
Well, unless Franzen's gone soft in his old age,
I don't imagine you got much out of him.
Hasn't said a word. But luckily for us, Collard has.
You seen that tattoo anywhere before?
Oh, I seen it every day, eh.
Where would that be? Well, it's not on me bum.
One of our witnesses saw that tattoo on the back of the shooter's hand.
Ah, which witness is that?
And we've recovered the gun you dumped
about four blocks away from the court.
Not me. Got your prints on it, Edward.
I'd like you to take a look at this photo
from the CCTV TV footage outside the court.
We've got your bike, we can identify you as the shooter,
we've got the murder weapon with your prints on it.
Son, I don't know if you know how much trouble you're in.
I mean, this is one of the worst killings in the state's history.
The way I see it, you're going to be doing life without parole
at Goulburn Supermax with Ivan Milat till the day you die.
Unless, of course, you start to help us out.
Who's that? Could be... could be Toby.
Toby Franzen, is it? The rider?
Yeah, well... yeah, I mean, it looks like him, doesn't it?
Is that you, is it?
I mean, you did, didn't you?
You know, pulled the trigger.
I was just, you know...
You know, it wasn't my idea.
Yeah. Toby said that we had to stop her.
So I was gonna get me tatts branded off if I didn't, you know, do what...
Nice work, mate.
Nothing beats a good confession.
Andy, yes, I agree.
We have a compelling theory that explains Dianne's movements.
It explains everything. It's a good hypothesis.
But we still have three main problems.
We have no forensic evidence
directly linking Dianne Vasilich to Blakely's death,
we've got a weak motive and no body.
How do you think she killed him? A gun?
Unlikely. We checked her friends and family.
There's no-one with criminal connections
and certainly no-one with access to firearms.
She could've used a pen, according to Jack Rizzoli.
It's a hard sell for the jury, though.
They'd probably go for a knife, an iron bar over the head.
What about her son, Brian? What about him?
We discussed whether you might reinterview.
Put the new evidence to him.
The paint fragments found in Blakely's car.
Use it to rattle his cage. Rattle his cage?
You've been watching too many movies, Richard.
We're presuming Brian was dragged into this against his will, right?
Went along with it to protect his mother.
That makes him a potential weak link.
We've already been putting pressure on him.
Unfortunately Brian's stuck to his story 100%.
Fine, but I have to sell a case concept to the jury
and right now, I don't have enough.
I walked you through every detail. Except how she killed him.
A middle-aged woman with no history of violence
against a big, tough copper
and no forensic evidence to work with, nothing!
What am I meant to say?
Ah, good news.
Barry Seers has changed his plea to guilty.
Barry Seers?
Defendant in the Port Macquarie cocaine importation.
His case was listed before Blakely's, but with Seers pleading,
you've just become the next cab off the rank.
So, uh, put your seatbelts on.
I didn't even want this. Now you're cutting my prep time?
Hey, you're shooting the messenger.
Well, you certainly seem pleased about it.
I gave it a positive spin.
Part of my job description, rallying the troops.
You don't look rallied. We can't win this, Tony.
Yes, you can. And what do you base that on?
On the fact I have confidence in you.
No, strike that. I have faith.
A deep, abiding faith in you.
You're so full of shit.
Look, this business has been all over the news,
generating a huge amount of sympathy for Blakely and his kids.
Getting it on sooner, you can use that sympathy.
Work the jury.
And if this groundswell of public support doesn't get me over the line?
Losing is not an option, Janet.
I have a brief for you.
Tracey, I'm snowed under with stuff right now...
We're all snowed under.
Wait, this isn't the... The Zebina Petrakis murder, yes.
Owen'll run it, but I just thought he might need some help
managing his key witness.
And I also thought Erin might appreciate it too.
That's... that's very compassionate.
Well, it just seemed appropriate, I suppose.
I know it isn't a sex crime,
but I take it you'll find some room in your schedule?
Well... Yeah, of course.
Hey. How you going? OK.
How are you feeling today?
Yeah, alright.
Tracey just told me you're doing Petrakis.
Well, y-y-yeah. We thought it would be helpful...
I know. It is. It helps.
Just wanted to say, whenever you've got any questions, just ask.
Well, don't think you've got to wait for a good time or anything.
Mm.
But don't stop what you're doing, either. When it suits, really.
What are you doing, anyway?
How old does she look to you?
Oh, God. Young. I don't know.
Neither do I.
So are you leaving soon, or...?
Well, I've only got 34,000 more images to examine, so...
Sure, OK.
Just thought it might be nice to have some company heading home.
Well, you know what? It's date night. So I ought to head home.
Date night. I assume that's a euphemism.
Correct.
This is procreation, not recreation. Mm-hm.
Not that I feel like it, after all that.
I can imagine.
Hi.
Hello.
From your message, I figured it must be important,
so I thought I might include Jack.
So, what's the emergency?
I know how much you've put into the Blakely investigation
and we've been working closely together on it.
So I wanted to talk things through with you before I went to Tony.
No happy news then?
As you know, there are weaknesses in the case against Vasilich...
As you know, we need a win. Sure. But there are wins and wins.
What you really need is a clean result, as quickly as possible.
That's right, isn't it?
In fact, isn't that better for all of us?
Go on.
My suggestion is we offer Dianne a reduction.
To what?
Manslaughter, but she has to plead guilty.
Without a body, we don't know what happened to Steven Blakely.
Perhaps it was an accident? In fact, that makes more sense.
They argued, Blakely turned his back, Dianne pushed him, he tripped...
Or she might have walked in and shot him.
Might have, exactly. Which is hardly 'beyond reasonable doubt', is it?
If the charge is manslaughter, the evidence is overwhelming
and pleading will probably be attractive to her.
Because we'd be letting her off the hook?
We'd be getting a conviction and sending her to jail.
She'd be out in what, 3-4 years? Or we stay with murder
and she gets acquitted, which is looking increasingly likely.
You have been against prosecuting this from the start, haven't you?
Do you have something against Blakely, or just cops in general?
Whoa, whoa, easy, easy. Why don't you take a deep breath?
Yeah, alright. I'll take mine outside. See you tomorrow, Jack.
If you want to make sure we get the right outcome, this is the way.
And how about Blakely's children?
How are they going to feel about this?
Better than if Dianne walks.
I'll talk to Andy.
You do what you have to do.
Putting the antiseptic cream on his sore head was awful,
but otherwise it's actually been a pretty good day.
Poor little thing slept so soundly.
Exhausted, I s'pose.
I feel guilty that I'm enjoying it.
It's hard not to love a sleeping baby.
You know, I was thinking, it might be worth getting you some help.
What do you mean?
I don't know. Maybe a nanny.
I thought we agreed that I was going to take the kids this year.
No, you'd still have the kids. It'd just take some of the pressure off.
Should I be offended? Like Ash isn't coping, she needs help.
It's not about coping or not coping. I'm just suggesting we try it out.
Well, you never got a nanny. I can't see why I should.
Can you please check the pockets before you put things in the wash!
Heard that. What?
Guess I'm a crappy housekeeper as well as a crappy mum.
No, none of us are perfect. I do things that annoy you too...
It's fine. And you're right. Maybe I do need some help around here.
I'll put the dinner on.
Did forensics find anything in the coat?
They hadn't looked inside the pockets and they found blood.
Dry-cleaning hadn't got it. Blakely's blood?
They're rushing the DNA through now, but I would bet my right arm on it.
How'd you think of that? It was all Ash, not me.
Let me know as soon as you get the DNA back.
If it's positive, forget the manslaughter deal.
Janet, about last night...
Heat of the moment. Don't worry about it.
As you know, we can show that you were
outside Steve Blakely's house wearing this jacket.
Forensics has now found blood in the right-hand pocket of that jacket
and DNA tests prove that it's Mr Blakely's.
In light of these facts, Mrs Vasilich,
I ask whether you'd like to make a statement
regarding Steven Blakely's death?
I went to his house, when I heard that he was going to jail.
I thought, this is my last chance to confront him about my daughter.
And was Mr Blakely at home when you arrived?
I knocked on the door.
I could see that the lights were on, but no-one answered.
So what'd you do? I was angry, and, um...
I started shouting at him through the door.
I called him a coward.
Was there an answer?
No. And it made me angrier.
The fact that he was ignoring me.
So I went round the back.
I knocked on the back door.
When I hit it, it swung open.
And then?
I went inside.
It was quiet, and I saw him... on the floor.
Steven Blakely?
Was he breathing? I don't know.
I bent down to have a look, I put my hand in blood.
There was a pool of it... on the floor.
And then? Then I walked out.
You walked out,
even though Steven Blakely appeared to be seriously injured?
I was scared. I rang my son.
I asked him for help.
Mrs Vasilich, did you in any way contribute
to the injuries Mr Blakely suffered?
No, I did not. I swear.
I even called an ambulance later, after we left.
Hang on, you... You called an ambulance?
Triple zero.
I know, I should have called them sooner,
but somehow I just knew you were gonna blame me for this.
No, I don't know, I don't...
But you need to go there now. He's injured, bleeding.
- Is there anyone with him? - No, look...
He's at 58 Spencer Street. Just go there, please.
Hello? It's her voice alright.
The call came from a public phone at the hospital where her son works.
Why didn't we hear about this sooner? Ambo said they went to the address,
knocked on the door, had a look around, no answer, so they left,
presumed it was a prank call.
OK, how do we deal with this?
Well, it could go to intention.
The defence will say that a call to triple zero
indicates she lacked intention to kill.
The question is what her intention was at the time she harmed Blakely.
She may have suffered remorse. Not relevant.
But we're saying that they'd already taken the body away in Blakely's car
so why send an ambulance to an empty house?
People in extreme situations do strange things.
OK, but you're going to need to make sense of it for the jury.
If we can, fine. It's not fatal. We can prove she was there.
Her story about what happens is implausible,
and we've got the blood. Should be enough.
Just give me a couple of minutes. I'll meet you inside.
Hi. Hi.
I hope Andy or Jack have been keeping you up to speed with how we're going.
Yeah, they have, thanks.
I can understand your anger.
In your father's matter, I was arguing strongly for a jail sentence.
Yeah, you were. 8-10 years, right?
I just want to assure you I'll be arguing just as hard
to see his killers convicted in this trial.
You better. I will.
I'm there for him, and for you.
Jack reckons you can't lose.
Well, it's a jury trial, so anything's possible.
But something's got to go our way, doesn't it?
I hope so, Drew. It's a strong case.
More than that, we just can't say.
We've all heard the expression, 'anything is possible',
and of course in one sense, you know, that's true.
My four-year-old niece says there are invisible fairies in her garden,
and I can't really prove that she's wrong.
Well, not a hundred percent.
But in real life, we don't trouble ourselves with mere possibilities.
We know that some things are so unlikely, we can safely dismiss them.
Well, the law takes exactly the same attitude.
In the course of this trial, the defence will offer you
an account of what happened to Steven Blakely.
It's a story in which Dianne Vasilich
just happened to go to Mr Blakely's house on the night he died,
just happened to find the door open,
just happened to find Mr Blakely on the floor, unconscious,
just happened to put her hand in his blood,
and then just happened to flee the scene.
The defence will point out
that all of this is possible, and of course it is.
It's possible, but it's not the kind of possibility
we normally waste our time with.
And neither does the law.
By comparison, the Crown will offer you a credible, persuasive account
of what happened, the only account that makes sense of all the facts
without requiring you to believe in fairytales.
Nothing further, Your Honour.
Miss Warden.
The Crown has claimed that their version of events
is the only one that makes sense of all the facts.
Yet there are many facts that do not fit their account.
Facts that they will ignore or downplay. But still, they are facts.
That they are yet to produce a body.
That Dianne Vasilich made a triple zero call
the night Steven Blakely disappeared,
sending an ambulance to his home.
Would a killer really do that? And why?
That Dianne Vasilich overcame and murdered a man
of Steven Blakely's size and power,
that's probably troubled you already,
struck you as unlikely, and so it should.
But the most troubling part of the Crown's case
is that Dianne Vasilich is a woman
with absolutely no history of criminality or violence,
whose only argument with her supposed victim
was that he may not have investigated her daughter's murder
with sufficient energy.
That is a reason to be frustrated, perhaps to make a complaint,
maybe even to write to a newspaper, but to kill?
Is that really plausible?
Yet this is what the Crown case relies upon.
The only credible account of the night's events.
Thank you, Your Honour.
Well, so far, everything we expected.
So you're on the way to the Committal? Yep. How do I look?
Fabulous. Credible?
Very. Fabulously credible.
I'm sure you'll be terrific.
So how's Owen? Not too pushy?
No, fine. On top of his brief?
He's talked you through your evidence? Yep.
You'll be fine.
We're about to walk over. Are you... Ready? Yes. All set. Let's go.
Hey, listen, your identity is still unknown to the offenders,
so there's no need to be intimidated.
I'm not. Good.
But they do know that I'm prosecuting,
so it might be easier for you if we're not all together.
Oh, sure. OK.
Wanker.
How's it going, ladies?
You want a moment?
I... I can't.
Yes, you can. No.
No, come on, we can do it together.
Erin, Erin, Erin, Erin! Erin, it's gonna be OK.
It's gonna be alright. No, you go.
Are you kidding? I'll get you home.
No, you have to. Erin...
I'll get a cab. Don't worry. Go.
Your Honour, as you know, one of the Crown's key witnesses
has sadly taken ill very suddenly.
However, we believe that Mr Collard's confession
along with his detailed statement against Mr Franzen are more than enough
to establish a prima facie case against both men
in respect of the crime with which they are charged.
In that case, the witness is yours, Mr Hadley.
Mr Collard, in the course of giving your statement you were shown a photograph
of two men alleged to be the murderers of Ms Petrakis.
You were then asked to identify whether one of those men is Mr Franzen.
You answered, 'Yeah, well, yeah, looks like him, doesn't it?'
Yeah.
That statement, 'looks like him', what'd you base that on?
The man's face is covered in the photo. His leather is plain black.
Well, mate, they had us.
You know, I mean, we were fucked anyway, so we might as well get on with it.
Drop me in it, ya mouthy little prick, I'll fuckin' kill ya!
Restrain this man!
You're a gutless piece of shit, Collard.
You're a piece of shit, Collard! I'll kill ya!
You're fuckin' dead, you...
Remove the prisoner from the courtroom
and return him to his cell.
Clear the court. I'm adjourning this matter.
Yes, anyone.
Any potential nanny must have a police check before we interview.
I think it's going to be a late one tonight.
Sorry, darl. Thanks, bye.
I just got a revised list of defence witnesses for the Vasilich matter.
And? They're calling Dianne, tomorrow.
Pull out her statement and the police background file on her.
I need all we've got.
I know it was wrong, and stupid, leaving him there, injured.
So why did you do it?
After my daughter was murdered,
my experience with the police wasn't good.
They talked down to me. Arrogant.
Soon I didn't trust them anymore.
The prosecution allege that this was your motive
for killing Steven Blakely the resentment that you felt towards him
and towards the police in general,
after the death of your daughter. Did you feel such resentment?
I don't hate the police. I didn't hate Steven Blakely.
I just wanted justice for my daughter.
That's all I've ever wanted, all these years.
Same as any mother. So Mr Blakely's death,
if he is dead, how do you feel about that?
Terrible. Why?
Because I want to find my daughter's killer.
How would hurting Steven Blakely help me?
Thank you, Mrs Vasilich. No more questions.
Madam Crown.
Mrs Vasilich, your daughter was, by all accounts,
exceptionally beautiful and vivacious, yes?
Yes.
The world was her oyster, you might say.
For a while.
So why did she turn to prostitution?
I don't know.
Did it coincide with a bitter separation between you and your husband?
Objection, Your Honour. Is this relevant?
Your Honour, my learned colleague cannot call the accused to the box
and then object to me asking questions relating to motive and character.
She made it an issue.
Overruled, but keep it relevant, please.
Is it true your daughter felt utterly betrayed when her father left?
It hurt us all.
But her closest bond was with her father, wasn't it?
And he had just abandoned her. And me.
You didn't even know what happened to Oriana after that, did you?
There was a complete estrangement for two years
and then suddenly she was dead.
I put it to you that you had to find who killed her
because otherwise, you could only blame yourself.
I just wanted justice for...
No, you desperately needed someone to get you off the hook.
That's why it became obsessive, wasn't it?
Because it wasn't just a frustration with a lack of justice.
It was a mother's guilt. I just wanted justice, alright?
When she was hurting most, you weren't there for her.
That's a lie. Is it?
I wasn't obsessive and I didn't hate anyone.
I just wanted justice for Oriana!
No more questions, Your Honour.
Lina, you got those two bikies past the committal?
Yep, heading for trial and hopefully inside for a very, very long time.
Good. How's Erin?
She's not answering.
I sent her a text and she came back that she's fine,
got a migraine, back in the office asap.
Well, maybe she's just got a migraine.
- Janet, I... - If that's her story, it's my story too.
OK. What?
I wanted to warn you that Maya Blakely is...
Right behind me, thank you.
I was explaining to Maya
about how unusual that sort of day in court is...
Yeah, could I just have a minute, please?
OK, bye.
I spent a long time hating you. I know.
But I really loved you in there just then.
I wish you could have gone on for another hour or two.
Sadly, I think I might have gone on too long.
When the judge sums it up for the jury, she'll probably tell him
to ignore anything that isn't supported by evidence.
Weren't you watching the jury? They could see that you got it right.
I could too. I know. I know you did.
That was the plan.
Just to leave them with a feeling they can't quite ignore,
even if they're told to.
Are you telling me it's seriously still in doubt?
It's always in doubt, Maya, until the jury comes back.
Well, we'll just... We'll just see then, hey?
I appreciate your honesty. Thank you.
That's alright.
Janet, have you got five?
About what? Erin? No. Something a bit unusual, actually.
One of my accused wants to confess, but he won't talk to me.
He insists on telling you.
One of the bikies? Yes. Toby Franzen.
Why does he want to talk to me?
He won't say, and usually we'd just tell him to fuck off.
But if he's going to confess to the murder charge,
I'm not gonna argue with him.
Maybe he thinks you're a softer target when it comes to making a deal.
Bullshit. If it is bullshit, just walk away.
So how's your thing going?
That bitch you've got for the Blakely murder.
I'm sorry, did you want to see me
about the Petrakis murder or the Blakely murder?
Blakely? Dianne Vasilich.
I got a real good story about her. Do you know Mrs Vasilich?
Fuck yeah.
Met her in our chapter pub up in Parramatta,
about ten years ago now.
She comes in all worked up, looking for some muscle.
Looking to hire some muscle? Yeah.
Bartender thought she was fuckin' nuts, but still, he pointed me out
and told her to go see the mad bastard in the corner.
She comes over, she's all stressed, red-faced and shit.
Said she needed some help.
Said she'd been trying to get this bloke to tell her for ages
who had knocked off her daughter. Anyway, she was sick of his shit.
I said, 'Fair enough. Who is he?'
And she says, 'It's Steve Blakely'.
Turns out her daughter was Oriana.
Bit of a famous case in the day, yeah?
Did you know Oriana? Yeah. Yeah, we all did.
Yeah, we liked her too. She was a real good chick, Oriana.
What'd you say to Mrs Vasilich?
Said he probably wouldn't talk, not unless we really belted him.
She said belt him, she didn't care.
And I said we might have to...
Said we might have to finish the job after that,
and for that, she'd be looking at 20 grand.
But I'd need 10 of it up front. She didn't even blink.
So she paid you the cash? Yeah.
Went off, came back an hour later, handed it over.
And? And what?
What'd you do? Nothin'.
I wasn't gonna go near Steve Blakely. A top cop like him?
What do you think I am, fuckin' crazy?
So you just took the money? Yeah.
What was she gonna do, go to the cops?
Easiest 10 grand I ever made.
It's a pretty good story, yeah?
And you'll give this evidence in court?
You get me immunity from prosecution for this drive-by thing, yeah.
I'll go to your court,
I'll take an oath and I'll tell 'em everything I know.
He's bullshitting.
Dianne withdrew 10 grand from her savings account
on the afternoon Franzen says he met with her.
And the bartender's confirmed it.
I understand where you're coming from but I'm not gonna agree...
Tony, I need to convince my jury that a grief-stricken mother
has a violent and obsessive streak and now I can.
These men executed a key witness in a murder trial.
That has profound public policy implications.
As does killing a senior police officer.
Sure, but let's take a wider perspective.
How are we gonna look if someone as notorious as Franzen
can walk out a free man? What are the headlines going to say?
Petrakis shooter convicted, hopefully. Huh, you reckon?
When I play Collard's confession,
everyone's gonna know it was Franzen's idea.
He's the mastermind. We're going to be accused of convicting
the guy who lit the Reichstag fire and letting Hitler walk away.
Collard isn't that much of a patsy.
He did shoot Zebina Petrakis and he will go to jail.
And if the woman who killed Steve Blakely does too, that's a double win.
I mean, if we're taking a wider perspective here,
isn't that the best outcome?
Can you even call Franzen as a witness? Haven't you already...
I'll make an application to reopen. If the judge says no?
I thought you wanted to see Steve Blakely's killer convicted.
Well, excuse me, but I thought you already had enough to do it.
From a supposed friend of the family. Enough!
Stop there, both of you. Don't get personal.
Let me think on it.
And while I am, you two, play nice!
Is this running away?
No, it's a ciggie break without a ciggie.
God, I wish I still smoked. Can we just...
Let's just chat, without the shouting and the name calling, OK?
He's the new boy, Janet. He feels isolated.
He's an arrogant, patronising show pony.
What was that about name calling?
And before you say any more, I should tell you.
I'm inclined to agree with him. What?
You've closed the case. Chances of getting leave to reopen it
will depend on whether Justice Cousins had a good night's sleep or not.
You have told me I must win this case.
Don't say that and then stop me from leading this evidence. It's critical.
Being the Director of the DPP
is a royal pain in the arse, you know that.
And you love every minute of it. Ha!
Hello, mate. Thanks for coming.
It's an honour.
To be pressured by a police officer of your standing.
You're a sharp bastard, aye. Oh, it doesn't take Einstein.
Open rooftop, away from prying eyes and ears.
So, what am I gonna tell ya?
Well, I imagine it's along the lines of,
'Steven Blakely was a cop. I was a cop.
And we've always got to look after the boys in the job.'
Bang on.
Well, partly.
I would say that and if I did say that I'd mean it.
But then I'd be telling you something you already know, wouldn't I?
Oh, yeah, what is it I don't know?
The thing you don't know is that by agreeing to this immunity,
it could be a smart move for you as well as Janet.
OK. I'm still listening.
What's your big goal for the year, Owen?
I'm not talking about individual trials.
I mean, in a career sense. Senior Counsel.
Thought it might have been that.
What is it with that? Some sort of prestige, wanky...
Fuck no, it's the money.
SCs get paid twice as much as a normal barrister.
You know that every time a barrister applies
for the Senior Counsel position,
well, the silk committee,
they appoint a colleague to keep an eye on him,
and then report back as to his suitability.
They've got Janet King looking at me?
Bullshit.
Like I said, you're a sharp one.
That's got your attention, hasn't it?
Ah, come in.
Hi.
So... I assume you've decided.
Yes. We're giving Franzen his immunity in exchange
for the evidence you require in the Blakely matter.
Appreciated. Pleasure.
Got out on the right side of the bed today, did we?
No, actually something you said just really stuck with me.
You called me a 'supposed friend of the family'.
Couldn't stop thinking about Drew and Maya after that.
Everything they've been through, with Sally and then Steve.
And you know I, ah, called Jack
and he's been talking to them,
and they really feel that you partly want to win this for them.
Which must give them a sense that somebody still cares.
And I couldn't help feeling that sometimes
we have to put that sort of stuff first.
Anyway, just make sure you win it, yeah?
Um...
Good luck with Collard.
Thank you.
Thanks, Tony Aah...
Did you...? Ah, nothing to do with me.
Still, it's a result, right?
Your Honour, there's an extremely urgent matter
which has just come to light for the prosecution case.
Isn't your case closed, Madam Crown?
Which is why I'm seeking Your Honour's leave to reopen it.
Without any notice at all!
Your Honour, of course I would have led it earlier
if it had come to hand earlier.
But how can we hope to answer it properly?
The accused has a right to know the case she's being asked to answer,
not simply have it dumped in our lap.
And doesn't the prosecution have the right to lead,
and the jury, the right to hear, the full story?
Your Honour, at this late hour...
At this late hour in the process,
I'm reluctant to throw away the entire trial.
If there is a pertinent issue
which will allow this matter to be decided now in this court,
then it should be heard,
so I will allow you to reopen your case, Madam Crown.
Thank you, Your Honour.
Bring the jury back in.
Let's see how this goes over.
I, Tobias Henry Franzen...
..swear to tell the truth, the whole truth
and nothing but the truth.
..the whole truth and nothing but the truth.
- So help me God. - So help me God.
Mr Franzen, I'd like to ask you about
April the 1st, 2004, in the Lionsgate Hotel.
Did you meet Dianne Vasilich there that day?
Yeah. Sure did.
Mum. Mum!
Someone call an ambulance!
Clear the court. Call a medical officer.
Give her some room. Mum! She's fainted.
Well, if our list of witnesses is settled,
I think we might adjourn, gentlemen,
in the hope of starting the trial proper in the morning.
Your Honour, if I may?
The defence would like to ask for one last ruling.
Yes?
We submit that Mr Collard's supposed confession be ruled inadmissible.
What?
On close inspection,
Your Honour will see that it was made under duress
and in the presence of clear police intimidation.
Your Honour, no objection has been raised
to the record of interview prior to this time.
Sadly, Mr Collard was so intimidated
he only felt safe bringing it to my attention yesterday.
You can't rule out a confession.
Is this intimidation evident on the tape, Mr Hadley?
It is, Your Honour, and...
Your Honour, this record of interview is entirely unremarkable-
Mr Crown, please. We will play a key passage.
Thank you, Mr Hadley.
Your Honour will note,
Detective Sergeant Renner looms over Mr Collard
just prior to his making the relevant statements,
assuming a threatening posture.
You seen that tattoo anywhere before?
You can clearly see how nervous and scared my client is
in this situation.
He's just been caught. Wouldn't you be nervous?
And if we continue.
Like you to take a look at this photo
from the CCTV footage outside the courtroom.
So we've got your bike, identified you,
we've got your gun with your prints on it.
Son, do you have any idea how much trouble you're in?
At this point, Mr Collard says
he knew how the New South Wales police operate,
and he knew they were going to frame him no matter what he said
and he feared for his safety, indeed his life, if he didn't...
Your Honour, please, some common sense.
It's a perfectly normal interview!
Detective Sergeant Renner is a very imposing man, I see.
Your Honour, Detective Renner is merely standing up
to show the accused some photographs.
At law, intimidation can be subtle or implied.
As long as it acts to oppress the mind of the accused,
coercing him into making a confession. A man's posture...
Detective Renner's posture is that of a man leaning over a table.
Detective Renner has here acted very subtly,
but the threat in his posture would have been as clear to my client
as it is to any reasonable viewer of the tape.
Your Honour, this submission should be dismissed immediately.
The accused confesses to his crime on tape.
It is the cornerstone of the Crown's case.
If the Crown and the police have been professional and thorough
in building evidence for their case, they shouldn't need a confession.
Wankers! It's been struck out.
Collard's confession, inadmissible.
On what grounds? Police intimidation.
The learned judge thought Terry Renner was rather imposing
and poor little Collard got a little bit scared.
There must have been something in it. Sure.
He stood up, leant over, put a photo in front of him.
This is bullshit. Everything about this system is in their favour.
Well, that's hardly breaking news. More to the point, where are we?
Can we move on? What about the bike? Wasn't it his?
It got stolen a month ago, apparently.
Didn't report it as it wasn't insured.
And the weapon with the fingerprints.
Lost it days ago. Ask anyone at the clubhouse.
He's been looking all over the place.
OK, I'm sensing it's going to be a little tough.
Luckily, we've still got the eyewitness ID.
The tattoo on Collard's hand.
That is, of course, assuming Erin's right to testify.
Thank you.
So it's up to me, then?
Only if you want to.
Look, you know all the things we say when we want to make sure
we get a witness in the box,
but you also know we don't blame them for backing out.
Especially when it's genuinely dangerous.
Just for God's sake, don't do it for me, or for Tony or anyone here.
We understand.
We know what happened and frankly, we're pretty amazed you're even here.
So if you want to do it for you then do it. If you don't, don't.
It's that simple.
Ms O'Shaughnessy,
in your statement, you said the motorcycle was moving quickly
when the shot was fired.
Yes.
It was moving quickly.
And it came no closer to Miss Petrakis than five metres?
About that.
So keeping in mind the extremely difficult conditions
that I've just described,
how likely is it that you might have been in error?
10% chance, 20, 30?
Objection.
The chance is zero.
Really?
People miss details all the time.
I understand that.
But I know the tattoo was a spider
because I can still see the moment he fired,
as clearly as when it happened.
It's still in my head.
I wish I could get rid of it, but I can't.
I doubt I ever will.
So the chance that I have it wrong is exactly zero.
So based on this indelible memory, you were able to accurately identify
the spider tattoo on the shooter of Miss Petrakis
as the same tattoo worn by Mr Collard?
That's right.
Mm.
How many tattoos did the police show you?
Just one.
I drew what I saw
and they brought back a photo and I said, 'Yes, that's it.'
So to put it another way, Miss O'Shaughnessy,
you never identified Mr Collard as the shooter at all.
You merely identified a tattoo.
Well, the tattoo on his hand.
But was it on his hand? How many others might have the same tattoo?
There could he hundreds.
Why, even in this court room?
How many in this court room may have the same tattoo?
Check out me tatt, eh?
Sit down in the gallery!
- Stick that up ya, love! - Sit down!
You'll be objected from the court.
Those are obviously fresh tattoos done to deceive the court.
Silence, Mr Crown, and be seated.
Withdrawn.
Members of the jury, may I remind you all,
there is no other piece of evidence that unequivocally
places the accused anywhere near the crime.
And yet the police insist the man in the CCTV footage is Mr Collard.
Why? Because of one tattoo, which could be anybody's.
Did they look harder? Did they ask the tough questions? Never.
Please, Your Honour, come on!
Please what, Mr Crown?
Withdrawn.
The fact is,
Mr Collard has maintained his innocence from the very beginning,
and they have simply gone for him...
..because it's easy.
Guess you've heard.
Why do we even bother?
Because we care?
- Janet? - Yeah...
The Blakely jury are back.
Good luck.
Thanks.
Have you reached a verdict?
Yes, Your Honour.
On the count of murder, how do you find the defendant, Dianne Vasilich?
Guilty.
On the count of acting as accessory after the fact of murder,
how do you find the defendant, Brian Patrick Vincent?
Guilty.
The matter is stood over for sentence, date to be fixed.
All rise.
Congratulations.
Thank you.
What was all of that about maybe losing the case?
Yeah, we got lucky. If Franzen hadn't...
No. I already told you.
Deep, abiding faith.
This is not only a victory
for the family of Steven Blakely, this is a victory for justice,
for the justice system,
proving that we can and will tackle the hard cases.
Steven Blakely was a brilliant investigator
and it is sad, but fitting,
that his legacy, a team of the very finest investigators,
were able to use the skills he taught them
to solve the tragic mystery of his own final hours.
Chief Superintendent Rizzoli, how do you respond to claims
police went with the first person they could in the Petrakis shooting?
To be quite honest, I find that outrageous and offensive.
But with such lack of evidence?
No, we had plenty of evidence.
The judge, in her wisdom, simply decided not to allow it.
Some people might think I'm talking out of turn. I don't care.
Things have gone too far in this State.
Time and again perpetrators walk free
because good police work isn't allowed to be used.
Take the Blakely case for example.
A different judge uses a bit of common sense
and lo and behold, the truth comes out.
There's a lesson in that for all of us.
Andy. Sorry to call you so late.
What's happened?
I'm down near Gerringong. Do you know where that is?
South? Way, way south.
In fact, the round trip's about four hours, probably,
which is not good news.
Why?
Because a bushwalker just found Steven Blakely's body out here.
So Dianne and Brian didn't throw him off North Head.
In fact, given the time it takes to get here,
they weren't even the ones who buried him.
Janet King's gung-ho approach in this trial
has caused a serious miscarriage of justice.
So who buried him? I have no idea.
You find this third man or Dianne and her son will walk.
Blakely and Novak?
They argue for about five minutes, four hours later Blakely is dead.
Don't fuck up what you've got by getting involved
in things that don't concern you. Don't interfere.
Tim Clarke - my child porn man.
Seriously need to think about getting Clarke off the streets,
he's a bad man. Get away from her!
Get the fuck away from her! I know what you do with young girls.
I was going to tell you. You're always so fucking perfect!
You're so tied up with your work
you don't see what's going on around you anymore.
The Vasilich family had nothing to do with that murder.
Blakely's murder is just a small part of it.
A small part of what?
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