The Circuit (2007–2010): Season 1, Episode 5 - You Always Hurt the Ones You Love - full transcript
- [Narrator] Aboriginal and
Torres Strait Islander viewers
are warned that this program
may contain images and sounds
that relate to deceased persons.
Previously on The Circuit.
- I've been offered
an extended contract.
I was thinking about taking it.
- Wait a minute.
- Bugger off!
You're fucking useless.
- Sam's an angry man.
You don't need that in
your life right now.
- This man is my lover!
- Shut up!
- Argh!
- Clarry, Archie
told the police,
that you were
trying to kill him.
- If you don't want
me to stay, I won't.
(upbeat Aboriginal music)
(melodic guitar music)
- There's some coffee in
there if you'd like some.
- Hm-mm.
- What time did you get in?
- Early.
- Have a nice night?
- What do you really
wanna know, Dad?
- Nic, I don't wanna fight.
- No, you never do.
- I'm thinking of
ending it with Megan.
- You're kidding.
- I thought that's
what you wanted.
- I never said that!
It's got nothing to do
with me, I told you that.
- Doesn't it?
- No, it doesn't,
I don't have an opinion
about any of it.
- [Peter] She wants more
than I can give her.
- I was hoping you were
gonna make a stand,
take some kind of
affirmative action.
- What do you want, Nic?
- What do you want
me to say, Dad?
Leave Mum?
- No,
I don't want you to say
that, I love your mother.
- She doesn't love you,
she doesn't even
know who you are.
- That's enough!
- She doesn't,
She doesn't even know who I am.
Do you have any
idea what it's like
being at home watching
her like this?
You got to run away.
- I'm not running away.
- Did you ever think that
maybe I might wanna run away?
Did you?
- Well, you're an adult, Nic,
you can make your own decisions.
- Oh!
You mean, as long as they're
decisions you'd made for me?
- [Peter] There's
nothing you could do
that wouldn't make
me proud of you.
- Really?
- I can't leave your
mother, it's not an option.
I don't expect
you to understand.
- You're forgetting
that I do understand.
(melodic guitar music)
- Sorry I can't take
you to the airport.
- That's alright.
Will you be able
to get Clarry off?
- I don't know, with his
record, it doesn't look good.
- Do you want me to
stay, 'cause I can call--
- No, no, no, it's okay.
- Drew, I think you should
meet your family, you know,
find out who they are,
I don't want you to think,
that I wanted to stop
you from doing that.
- I know.
- You can visit as
much as you like,
I'll come with you.
I'm sorry.
- No,
I'm sorry.
You were right, it's
always about me.
I've been selfish.
I gotta go.
I'll call you later?
I love you.
- Love you too.
(light accordion music)
I'll be home soon.
I promise.
(footsteps slowly approaching)
- Have you seen him?
No one will tell me anything.
- [Bella] I haven't seen him.
- Did Drew go?
- I don't know.
What the hell were you thinking?
- [Clarry] No lectures,
please, not now, sis.
- Why did you do it?
- We were pissed,
he was pushing me.
Does Dad know?
- It's only a matter
of time, isn't it?
- Don't know why he'd worry,
he wrote me off years ago.
- Well, you seem to be
doing a pretty good job
of forcing him away.
- You know what he thinks of me.
- I know what you
think he thinks.
Baby, if you don't
accept yourself,
how do you expect him to?
You're gonna do time,
I don't know that there's
much of a way around it.
- I can't do it, sis, I can't.
You need to put a
good word in for me
with that boss of yours.
- You know that's not
gonna make a difference.
- [Clarry] Drew will figure
something out, though.
- He'll try.
(light haunting music)
- Sis, can you get
a message to him?
Can you tell him that I'm sorry
and that I,
that.
- [Bella] I'll tell him.
- So what do you think?
Do you reckon we've got any
shot of getting him off?
You don't like him, do you?
- I don't care one
way or another.
I can tell you this,
it's gonna be Clarry that goes
down for this, not Archie.
- Is it because they're gay?
Or is it because he's
black and Archie's white?
'Cause that didn't seem
to bother you last night.
Come on, Peter looked like he
was gonna have a heart attack.
- It's none of his business.
It's none of your
business either.
(melodic guitar music)
- Morning.
Everything alright?
- Not really.
Nicola's leaving this morning.
- Oh, I thought she
was staying on a while.
- Me too.
We had a fight.
- About Bernadette?
- I handled everything so badly,
I thought I was doing so well.
- There's no way
to handle it well.
Let her cool off and then call
her, you'll work things out.
- You look like I feel, up
all night dancing, were you?
- I wish.
You haven't heard?
- About what?
- Oh, you'll find
out soon enough.
- Morning.
- Good morning.
- [Ellie] You okay?
- Have you seen
Archie, how is he?
- Archie McMahon?
What's this about?
- I don't think we should be
talking about it actually.
- But you did see him?
I need to know,
Clarry's beside himself.
- Is this something that
will come before me?
- Yep.
- Excuse me.
- Please, Ellie, he's frantic.
- I know he's your cousin,
but shouldn't you be more
worried about Archie?
- He couldn't be more sorry.
- I don't think sorry
is a word you could use
in conjunction with someone
trying to beat someone's
brains out with a star picket.
- What?
- You didn't know?
- Not that, I didn't.
- I'm sorry, love.
Look, for what it's worth,
I don't think he actually,
oh well, it just
got out of hand.
- When you see Archie,
can you give him a
message from Clarry?
- You don't want
to do it yourself?
(mellow rock music)
- [Drew] So what's the
deal with this place?
- Nothing for you
to worry about.
Meet you at the Tuckers,
three streets down,
number 22, blue one.
(melodic guitar music)
- Coffee?
- Nah, thanks.
So where is he?
- He's in the van.
- He's gonna need a
new shirt for court.
- Well what's wrong with
you buying it for him?
- I don't know his size.
Come on, take it.
- So, you're back to
the good old days, eh?
- I had a couple at a
very nice dinner party
with friends and
colleagues, end of story.
- Well the story I knew didn't
have such a happy ending.
- I'm sorry for back then.
- You better go and wake him up.
Billy.
Billy boy.
- Go away.
- Come on, Bill.
- [Billy] Piss off!
- [Sam] Thought I'd come
round to see you before work.
- [Billy] Come by when
normal people are awake.
- Normal people are awake.
- What do you want?
- So I have to want
something, do I?
Look, I guess I wanted to talk
to you about your court case,
it's the next time
we're in town.
- So?
- So, I just wanna make
sure you're gonna turn up.
- Is that what you
woke me up for?
- Come on, Billy.
- I know the drill, alright?
I've got mates in the big house,
they've all been through it.
- Suppose you wanna end up
in there with them, do ya?
- I don't care.
- Come on, Billy, I come
here to help you out.
- You come here, 'cause you
don't want me to embarrass you
in your fucking court
room, you're ashamed of me.
- Well, that's bullshit
and you know it.
Look, you're gonna turn
up to court on time
and do the right thing,
otherwise it's gonna
go badly for ya.
Do you think it's a fucking
joke getting locked up, eh?
I've got news for you, boy.
(light melancholic music)
Answer me when I'm
talking to you.
Come on, Billy.
- All done?
- Let's go.
- [Drew] One in every port, eh?
- That's my wife,
ex-wife.
(mellow melodic music)
- [Drew] Is Archie
going to lay charges?
- Nah, that's the good news.
- Think we can get
the charges dropped?
- Well, my gut feeling
is that they'll go ahead.
Listen, they were
drunk, drugged out,
people saw what happened.
- Yeah, but is anyone gonna
come forward as a witness?
The cops couldn't get a straight
statement out of anyone,
the last time I heard.
- Isn't Clarry on a
suspended sentence?
- The period has just
expired, I looked it up.
- That's something,
at least a prison term
isn't a fait accompli.
- [Drew] You okay?
- Not really, did
you go see Archie?
- Yeah.
- And?
- He doesn't look pretty.
- I know Clarry did
a terrible thing,
but please, don't
let him go to prison,
he won't be able to handle
them there, I know he won't.
- [Drew] I'll do the best I can.
- Maybe we'll get lucky.
- I might go and see Bob
before we get started.
- Good luck with that.
- Peter's feeling like crap,
we're starting on time.
- Mr. McMahon has
indicated to me
that he's interested in
dropping the charges.
- Mr. McMahon's lucky to be
alive, Drew and you know it.
- This is the first time
any type of force like this
has ever been used.
- But not the first
time these two
have had a go at each other.
- Oh come on, Bob,
it's a one off,
it's not gonna happen again.
- You don't know that
and neither do I.
Look, given the gravity
of the situation,
I wouldn't let it
go, even if I could.
(children playing)
- Morning, Sam.
- [Sam] Morning.
- So how was your night?
- Fine, thanks for dinner.
- My pleasure, it was
nice to have you there.
Thanks for showing
Nicola the sights.
- No worries.
- And thanks for
bringing her home safely.
- Big girl like her
doesn't need a babysitter.
- No.
But maybe you'll keep
in touch with her?
- Maybe.
Look, I've gotta
get this finished.
- Yeah, of course, yeah,
I'll see you in there.
- Mrs. Tucker?
Mrs. Tucker?
- Lawyer man coming.
- Hi, I'm Drew Ellis, I'm
representing you today.
How are you?
- I'm her husband,
hair of the dog, bro.
- Stop being humbug, stop it.
- On the 12th of this
month at 5:55 p.m.,
police were called
to the Tucker home
at four Spinifex
Street, The Junction,
in response to calls
from the neighbors.
Mr. Tucker had been injured,
his wife allegedly attacking him
with a frozen catfish.
(court laughing)
- I take it you won't be
presenting it as evidence?
- Nah, boss, I bin eat it.
- Mr. Tucker,
if you can't keep
silent in this court,
you'll be asked to
leave, do you understand?
- Yes, boss.
- Sergeant Temple?
(burping)
(court laughing)
Mr. Tucker,
I suspect the
sympathies of this court
will swing in
favor of your wife,
if you arrive in court in
this state of intoxication,
are you with me?
- Yes, boss.
- Sergeant Temple?
- Well, it appears, sir,
that the evidence has
been eaten, Your Honor.
(court laughing)
- [Peter] Mr. Ellis?
- I'm sorry, Your Honor.
My client's husband
has indicated to me,
that he does not want to
continue with the charges,
given that the weapon
has been consumed,
(court laughing)
and my client has given
me her assurances,
that she will not re-offend.
- No, Your Honor, I was
wrong to hit him like that,
I know that and I don't
know what bin come over me.
But he always drunk
and he's supposed to be
helping in the house.
I won't do it again.
- Look, I ask that this case
be dismissed, Your Honor.
- Sergeant Temple?
- No problem, Your Honor.
- Very well, Mrs. Tucker,
you are free to go.
- Thank you, Your Honor.
- Thank you, Guvner.
- But I would like to point
out to both of you that,
while there have been
moments of levity
this morning in the court room,
this is really not
a laughing matter.
You do not take to a loved
one with a weapon, any weapon.
Do you understand?
Ever, there's no excuse.
Thank you.
(mellow upbeat music)
- [Mrs. Tucker] Come
on, get up, get up.
- On August the 15th at
approximately 1:55 p.m.,
police raided Mrs. Tam's
property at 97 Melaleuca Drive
on a report that
12-year old Joel Tams
was under the influence
of a narcotic.
A banned substance, cannabis
was found in a tea
tin in the kitchen.
It is alleged that Mrs.
Tams purchased the cannabis
for the purpose of supplying
her son, Joel, with the drug.
Mrs. Tams was
interviewed and admitted
to baking with the drug and
feeding her son cookies.
She was subsequently charged.
There is no record, Your Honor.
- Mr. Ellis?
- Your Honor, may I
refer you to Joel's file?
In the past, it is fair to say
that the boy has been prone
to uncontrollable behavior,
which has seen him
come before the courts
on numerous occasions.
However, since this
mother, in desperation,
turned to cannabis cookies,
he has become much
more compliant.
His mother is an upstanding
member of the community,
who has raised
five other children
without any of them
coming before the courts.
Now I think you'll
agree with me,
that's no mean effort
in these parts.
Mrs. Tams has admitted that
her actions were irresponsible,
but she felt that she could
take no other recourse.
At the first opportunity,
she pleaded guilty
and because of this,
I would beg the court
for some leniency on
this matter, Your Honor.
- Thank you, Mr. Ellis.
Are Family and Children's
Services involved?
- Yes, Your Honor,
Family and Children's
Services are involved.
- Is the child still
in his mother's care?
- No, he's currently in
the care of an aunty.
- I see, do you have
a recommendation?
- We believe counseling
and periodic visitation
by a case officer can be
arranged, pending your decision.
- Thank you.
- [Drew] Thank you.
- Please stand up, Mrs. Tams.
I have nothing but
sympathy for your plight,
but giving your child drugs
is not in either of
your best interests,
it just sets up a vicious
cycle, do you understand?
- [Billy] Get your hands off me!
(banging outside)
- There's not a lot that
our kids will thank us for,
when they get older, but if
you can keep your child safe,
as you have your other children,
then I think everybody,
including Joel,
will be grateful.
- [Billy] Piss off!
- You need to calm down.
- Don't tell me to
calm down, who are you?
All of this is bullshit!
- Billy!
You need to get out of here
and go home,
- Oh right, here we go.
- before this
policeman arrests you.
- Let him, see if I care.
What difference
is it gonna make?
- It makes a big difference.
You wanna go to jail?
- Oh, you wanna keep
telling me what to do, eh?
What gives you the right?
Think you're the big law man.
- Billy.
- Big law man,
not even our law.
- Billy, that's enough!
- I've had enough.
I've had enough
of you coming over
and telling me what to do.
Who do you think you are?
- I'm your father!
- My father?
Since when?
You're not a father,
you're a fucking stranger.
- Okay, I'm crap.
- Shut up!
I don't need you.
Leave us alone.
- Come on, Billy.
- You let go of me!
Don't!
Leave me alone.
(mellow melodic music)
- [Sam] I've got
to at least try.
- [Drew] I know.
- [Sam] The way he's going,
he's gonna hurt himself.
(mellow upbeat music)
- Your ex's place?
- Yeah.
She doesn't know where he is.
Let's go.
You mob haven't seen
Billy around, eh?
- [Man] I think he went
right around there.
- [Sam] How long ago?
Ask these boys.
Hey, have any of you lads
seen Billy around, eh?
- He was heading
up that way, mate.
- [Sam] Yeah?
Okay there, bro.
(mellow upbeat music)
- Billy!
- [Sam] Billy!
- Billy!
- Billy!
- Billy!
Billy!
- You, you get 'em.
None of them people know me
and those beetles (muttering).
You get 'em.
You get 'em.
- [Drew] Take it easy now.
- [Billy] And the rest of them.
- Billy, come on.
- Fuck you!
- [Drew] Come away
from the edge.
- They're my cuzs.
- Come away from the edge,
it's too dangerous!
- 24 of them,
then there's blood,
and cuzs gotta run!
- Uh!
- Argh!
Don't!
Don't!
- Hey, hey, come here.
- [Billy] Don't!
Stop that, no!
- Uh, uh!
- Sam, don't,
you'll hate yourself later.
- [Billy] Fuck off!
- Fuck off and leave us alone!
It's got nothing to do with you!
- [Billy] Uh, I can't breathe!
Uh, uh!
(muttering)
- Sh, sh, sh!
- Uh!
- Sh, sh!
- I wanna die.
- [Sam] Sh, sh!
(mellow melodic music)
- You need to give me
something to work with.
If you don't talk to me,
then I can't help you.
- I'm afraid that much
as with your friend,
I have no choice but to
hand you the same sentence.
Three months suspended
sentence, $400 fine.
- I would ask the fine
be converted, Your Honor.
- The fine will
stand, Mr. Ellis.
I cannot ignore acts of violence
such as your clients displayed,
not without mitigating
circumstances.
- Now you need to give
me something to work with
or the same is
gonna happen to you.
You could have just
let him sleep it off,
he wasn't hurting anyone.
- Not then.
- Are you saying that he was
gonna hurt someone maybe later?
- Wife.
- He was beating his wife?
- The women, including Mrs.
Thomas beat him repeatedly.
- I would like to add
the following mitigating
circumstances.
Mrs. Thomas and her
fellow night patrollers
were merely acting to
protect a third party.
These women on night patrol
provide a community service,
which allows intoxicated
people a place.
It is known to these
women that Mr. Seagrove
is in the habit of
beating his wife,
when he's had a few too many.
Mr. Seagrove refused a
safe place to sleep it off
and he insisted on going home.
So the women decided
to render him incapable
of inflicting any
more harm on his wife.
- I can't be seen to
condone acts of vigilantism,
but I do sympathize with
your clients' intentions.
I'm recommending a suspended
sentence with no fine.
It's a pity your
two previous clients
couldn't have been more
forthcoming about their reasons.
- The paperwork's not
yet been processed.
- I am at liberty to
alter the penalties
to a community
order in both cases.
Three months suspended
sentence, costs to be included.
- Haven't seen Sam this morning.
- He hasn't arrived yet?
- He didn't come with you?
- No, he had some
stuff to take care of.
Bella,
I'm not staying on,
I'm leaving at the
end of the contract.
- She doesn't wanna come?
- It's not that.
- We'll miss you,
me and the kids.
Even Sam, I reckon.
- I'll miss you too,
all of you.
I'll be back.
- Sure, you'll probably come
and stay at the resort, eh?
- That'd be a nice change.
- Wouldn't it?
You'd better sneak
us into the pool.
- Oh, you betcha.
- What about your family?
- Oh,
I'll come back on holiday.
I'll see them then.
(mellow melodic music)
- See you in there.
- Stay calm and we'll
get through this, okay?
- Mr. Neville's dog, Abraham
attacked some of my
client's much loved piglets
in the sanctuary of
his own backyard.
He was very abusive
to his neighbor
and he actually threatened--
- My client is
not a violent man,
there is no record of any
kind of threatening behavior.
- If my dog is put
down, I'll kill ya!
- Mr. Neville!
- Wait!
- Mr. Neville,
I do not tolerate
threats in my court room.
- And my client tells
me that his dog--
- Take a good hard look at this.
- Ms. Dzavintska, please
control your client.
- Look at the scars
on the little fella,
then tell me that dog's
not a vicious mongrel.
- How did this animal
get into this court room?
- My client was simply admitting
the piglet as evidence.
- Ah, shit!
(court laughing)
- I think it's
time for a recess.
(melodic upbeat music)
(knocking on door)
- [Drew] So how is he?
- Okay, I guess, a few
scratches and bruises,
a billion brain
cells down the tube.
Guess he takes after
his father, eh?
- I wouldn't be too
hard on yourself.
- I would, he didn't have the
world's most sober role model.
Let's just say when
I left the force,
there were some things
that I had to deal with.
- You were a copper?
- Five years.
- Well maybe we can
pull a few strings,
get him into a rehab place?
- We'd get him in there, but
we wouldn't get him to stay.
- Surely he's gotta
know the road he's on?
- Him and his mates,
they just don't care.
I failed him,
I stuffed up.
- You're not the only
one who stuffed up.
Sam, I'm not staying
on, I'm heading back.
I'm sorry I let you down.
- Drew, I've seen a heap of
ALS wannabes come through here,
most of 'em run back to Perth
with their tails well and
truly between their legs.
- What are you trying to
say, that I'm running away?
- No, I'm saying that
you're needed here.
You're not the coconut you were,
when you come up here, you know?
I've been looking for
some time to tell ya,
look, when I was
out at that funeral,
I found out where some
of your family are,
I got some names and stuff.
Look, I'm not trying
to get you to stay,
I just thought you wanted
to know, that's all.
I can take you there,
if you want me to.
- So they're cousins?
- Yeah, they're
cousins of your Dad's,
down your Grandma's line.
- We don't know where
they fit exactly?
- Yeah, they fit as
cousins of your Dad's
down your Grandma's line.
- Yeah, you know what I mean.
- Drew, I'm not your
bloody family tree.
- Yeah, I know, I
was just wondering
whether you might
have met some of them.
- Might have run across
a couple of them.
- In court?
- Yeah.
Look, they're not murderers,
they're a normal family.
- Yeah, I know.
- That's the place there.
Do you want me to come with you?
(eerie traditional music)
Drew?
- I, ah,
I can't do it.
- Oh, I get it,
they're not upper class
enough for ya, is that it?
- It's not that.
- Then what?
- You know, I'm leaving.
There's no point.
- What do you mean,
there's no point?
This is your family, this
is where you come from.
- I know where I come from.
- Do ya?
- You don't understand.
- No,
I don't understand.
(light melodic music)
- [Drew] I'm going to argue
that this type of violence
is unusual in the relationship.
- [Clarry] Do you have
to say relationship?
Can't we just say we're mates?
- Do you really wanna
do that, Clarry?
Okay,
mates.
We'll argue that
this type of violence
is unusual in your friendship.
I could use some other
extenuating circumstances.
- Like I'm the fuck up
black sheep of the family?
- I don't know.
Stresses?
- Do you think you'd do
anything for love, Drew?
Forget your friends,
your family?
Is it like that for you with Di?
- I don't look at it like that.
But I'd do anything to
keep my relationship going,
that's just a part of who I am.
- That's the thing though, eh?
It's only part.
- I guess you do what your
heart tells you to do.
(mellow melodic music)
- Hi, how are you feeling?
- About the same as I look.
I'm pleading guilty
to the assault charge.
- Well,
we need to talk
about this, Archie.
As your lawyer, I strongly
advise you against--
- No, no, not negotiable,
I can help him this way.
If I say it was my fault, he
can plead self defense, right?
- Maybe.
- I'll lie if I have to.
- Two cops saw him hit you,
you were down for the count.
- There's the brick,
the damage to the sign,
we can use that, say
that he felt threatened.
- And did he?
- Probably.
- If you plead guilty to assault
and you give him this story,
with the drug charges as well,
you're going to have a
hell of a record, Archie.
Is that what you want?
- He can't go to jail.
- Archie,
this relationship,
it isn't healthy.
Why put yourself through this?
- He didn't mean it.
- They never do.
- I love him, Ellie.
(mellow melodic music)
- Mr. McMahon, you are
charged with criminal damage,
being under the influence
of an illegal drug,
namely ecstasy and marijuana.
Do you understand the charges?
- Yes, Your Honor.
- How do you plead?
- [Bob] Mr. McMahon
was routinely
- Guilty.
- drug screened
at the Broome Hospital
after his admission
and was found to be
under the influence
of ecstasy and marijuana.
When interviewed, the defendant
admitted to using the drugs.
There is no record, Your Honor.
- Ms. Dzavintska?
- Your Honor, my client has
no prior record of misconduct,
he is well respected
in this community
and he is very sorry
for his behavior.
- And I want to add
that I was the
instigator of the fight
and that Clarry, Mr. Long
only retaliated because he
was in fear of his life.
- Ms. Dzavintska, does
your client understand
that as a result
of this admission,
he may be open to a
further charge of assault
and may end up with a criminal
conviction against his name?
- Yes, Your Honor, I do.
- [Peter] And do
you have anything
further to add, Mr. McMahon?
- Just that I'm sorry.
- There are no witnesses
to this version of events,
Your Honor, I have
to say I'm skeptical,
considering the defendant
stated at the scene
on the night in question that
Mr. Long was trying to kill him.
- He did throw a brick.
- Yes, his statement says that
and there were witnesses
to that effect, yes.
- If I may say, Your Honor,
this is totally out of
character for my client
and he is very remorseful
for his behavior.
- Criminal damage, drug use,
what were you thinking, Archie?
You have a position of
trust in this community
and therefore you
have a responsibility
to behave in a socially and
morally acceptable manner.
Do you understand that?
Given your previous
unblemished record,
your standing in the
community and in this court,
I am prepared to be lenient.
I'm placing you on a six
months good behavior bond
for the drug offenses,
I'm fining you $400
for the criminal damage
and you will be asked to
make restitution, and Archie,
I don't wanna see you
in front of me again.
- [Ellie] Thank you, Your Honor.
- Thank you, Your Honor.
What about Clarry?
- You will be called as
a witness in his case.
- [Court Officer] Clarence Long.
(hushed background chattering)
(light haunting music)
- Just stay standing
please, Clarry.
- Mr. McMahon was
taken to hospital
and suffered a broken
arm, a broken collarbone,
concussion, cuts,
bruises and lacerations.
Mr. McMahon told
police at the scene
and in the ambulance
that, "He's gone mad.
"He's trying to kill me."
- Mr. Ellis?
- Yes, Your Honor,
we would like to add
Mr. McMahon to the witness list.
- [Peter] Done.
Sergeant Temple, do you have
any witnesses you wish to call?
- Yes, Your Honor,
Constable O'Bourne.
- Upon our arrival, we
observed that the defendant
had in his possession
a metal fence post
and was assaulting the victim
about the head and shoulders.
The victim--
- Ah, with respect,
Your Honor, may I point out
that Mr. McMahon and Mr.
Long are both victims.
- Thank you, Mr. Ellis.
- Mr. McMahon was almost
unconscious when we got to him.
An ambulance arrived
a few minutes later.
- [Peter] And then
what happened?
- [Constable] We attempted
to arrest Mr. Long,
he resisted us,
struggling to break free.
He was quite agitated and
became verbally abusive,
when we finally did
load him into the van.
- Mr. Ellis?
- Constable O'Bourne, could
you clarify a few details
about the night in
question for me, please?
You arrived at the scene
and Mr. Long was
attacking Mr. McMahon.
What state was Mr. McMahon in?
- There was a lot of blood.
He had sustained some
serious injuries.
- Well, quite serious, he was
taken to hospital, concussed.
Now did the ambulance
arrive before or after you?
- [Constable] A
few minutes after.
- [Drew] And the
ambulance officer reported
that Mr. McMahon
was unconscious?
- He was out cold.
- Surely an unconscious man
couldn't be expected
to speak, could he?
I mean, you said
that Mr. McMahon
had told you and
ambulance officers
that, "He was
trying to kill me."
But isn't it true that Mr.
McMahon only made a statement
to that effect later, which
was subsequently withdrawn?
- It may have been
in the ambulance.
- Constable O'Bourne, when
you restrained Mr. Long,
what was his reaction?
- He struggled and he
was verbally abusive.
- [Drew] Are you
sure about this?
- Yes.
- And was Mr. Long holding the
star picket when you arrived?
- [Constable] When he
saw us, he dropped it.
- [Drew] And?
- And we cuffed him.
- Well, it hardly sounds
like resisting arrest,
don't you agree?
Just one more thing
just before you go.
Were there any
witnesses to the fight
from the time that
it left the pub
to the time that you arrived?
- There were witnesses to Mr.
McMahon throwing the brick,
but after that nothing before
we arrived on the scene.
- Thank you, Constable.
- [Peter] Thank you,
Constable. Sergeant Temple?
- That's all, Your Honor.
- Mr. Ellis?
- Yes, Your Honor, we would
like to call Mr. McMahon
to the witness stand, please.
(light haunting music)
(hushed background chattering)
Mr. McMahon, what is your
relationship with Mr. Long?
- We're friends.
- [Drew] And what can you
tell us about the events
concerning the
night in question?
- I was drunk.
I picked a fight with
Clarry and he retaliated.
Ah,
we were thrown out of the pub
and I kept goading him.
He wanted to walk away.
I threw a brick at his
head, I wanted to hurt him.
So when he tried to walk away,
I ran at him and punched him
and he began to defend
himself with the star picket.
- Did you tell the police
that, "Clarry was
trying to kill me?"
- I did, but only later,
I was confused,
trying to cover myself.
Well, Clarry's a good man,
this isn't his fault.
(light haunting music)
- Clarry Long is a decent man.
He's gainfully employed
and he's well thought of
by people who know him
and I can argue this without
hesitation, Your Honor,
because I think very
highly of this man myself
and Mr. Long admits that he
has a problem with alcohol,
but he is prepared to undergo
alcohol and drug rehabilitation
and anger management training
and he understands
that what he was doing
that night was irresponsible,
but he was responding
to an attack,
you know, he was
acting in self defense.
and nonetheless, Mr.
Long is truly sorry
for the severity of the attack.
I would ask Your Honor
to take this into account
and give this young man an
opportunity to redeem himself
and to change his behavior.
- Stand up, please, Mr. Long.
I believe that you
have a genuine desire
to turn your life around
and I do believe that
you are truly remorseful.
But I can't be seen
to condone violence
and the sad and simple fact
is that you have a record,
which is peppered with it.
I understand that
alcohol was to blame,
but you've progressed
from assault
to grievous bodily harm
and while Mr. McMahon
agrees to provoking you,
I can find no
evidence to support
that you were in
sufficient danger
to warrant such a response.
You must know that
you were very lucky
not to have killed him.
I also need to
take into account,
that you are only just off a
suspended sentence for assault,
which does not bode well
in terms of assessing
whether or not you're
likely to re-offend.
Believe me, Mr. Long, I
have tried to find a reason
to keep you out of prison and
on the straight and narrow,
but to be quite frank, the
odds are stacked against you.
So on the charge of resisting
arrest, I find you not guilty.
On the charge of creating
a public disturbance
whilst under the influence,
I fine you $500 plus costs.
I find you guilty of one
count of grievous bodily harm
and given your
previous convictions,
I find I have no alternative
but to sentence you to
12 months imprisonment.
(hushed background chattering)
(light melancholic music)
- [Drew] I'm so sorry, Clarry.
- You done what you
could do, Drew, thanks.
- I'm so sorry.
- Maybe this is good, eh?
Time out,
time to clean up my act.
- [Drew] I'm sorry Archie,
but we've got a
lot of work to do.
- This is my fault.
(hushed background chattering)
(light melancholic music)
- [Peter] This court will
adjourn for 15 minutes.
- [Court Officer] All stand.
- [Sam] Are you okay?
- He'll hate it in there, Sam.
- Bella, are you alright?
- Course she's not alright!
- Sam!
- One bloke gets let off,
the other one gets taken down
and what's the obvious
difference in the two?
- Sam, this is not about
color, he had a record,
there was nothing I could do.
- You show me a black
man in the Kimberley,
who hasn't got a record.
- I can show you
plenty of blackfellas,
that don't have a
record for assault.
If you didn't know Clarry,
we wouldn't be having
this conversation.
- If he was a black man who
got a bad deal, yes, we would.
- Stop it!
- Let it go, Sam.
Not everything's
about black and white.
- Oh, is that what you think?
Well, you've got a
funny way of showing it.
Did you tell your daughter
not to go out with me,
because I'm a blackfella?
- I told my daughter
not to go out with you,
because you're an
angry, messed up man
with baggage she doesn't need.
- Stop it, both of you!
I've had enough,
we've all had enough!
(light melancholic music)
- No, no, I'm not bowing out,
I just can't think
about it right now.
Di, it's been a hell of a week,
it was Clarry's trial today.
Yeah.
Well I would have, but we
just seemed to be stuck
on this bloody
kitchen redecoration.
- I'm sorry, I
just needed some--
- Di, something's come
up, yeah, no, it's work.
I've gotta go.
Okay, bye.
Are you alright?
- I'm sorry.
- Hey, don't be silly.
Can I get you anything?
(mellow melodic music)
♪ When you gonna turn
around and see your life ♪
♪ And too long has it been now ♪
♪ Living in the same way ♪
♪ Ya gotta grow someday ♪
♪ And see your heart
yourself this way ♪
♪ Can't keep living
tragic cycles ♪
♪ Ya gotta grow each day ♪
♪ Can't keep living
tragic cycles ♪
♪ Ya gotta grow each day ♪
Torres Strait Islander viewers
are warned that this program
may contain images and sounds
that relate to deceased persons.
Previously on The Circuit.
- I've been offered
an extended contract.
I was thinking about taking it.
- Wait a minute.
- Bugger off!
You're fucking useless.
- Sam's an angry man.
You don't need that in
your life right now.
- This man is my lover!
- Shut up!
- Argh!
- Clarry, Archie
told the police,
that you were
trying to kill him.
- If you don't want
me to stay, I won't.
(upbeat Aboriginal music)
(melodic guitar music)
- There's some coffee in
there if you'd like some.
- Hm-mm.
- What time did you get in?
- Early.
- Have a nice night?
- What do you really
wanna know, Dad?
- Nic, I don't wanna fight.
- No, you never do.
- I'm thinking of
ending it with Megan.
- You're kidding.
- I thought that's
what you wanted.
- I never said that!
It's got nothing to do
with me, I told you that.
- Doesn't it?
- No, it doesn't,
I don't have an opinion
about any of it.
- [Peter] She wants more
than I can give her.
- I was hoping you were
gonna make a stand,
take some kind of
affirmative action.
- What do you want, Nic?
- What do you want
me to say, Dad?
Leave Mum?
- No,
I don't want you to say
that, I love your mother.
- She doesn't love you,
she doesn't even
know who you are.
- That's enough!
- She doesn't,
She doesn't even know who I am.
Do you have any
idea what it's like
being at home watching
her like this?
You got to run away.
- I'm not running away.
- Did you ever think that
maybe I might wanna run away?
Did you?
- Well, you're an adult, Nic,
you can make your own decisions.
- Oh!
You mean, as long as they're
decisions you'd made for me?
- [Peter] There's
nothing you could do
that wouldn't make
me proud of you.
- Really?
- I can't leave your
mother, it's not an option.
I don't expect
you to understand.
- You're forgetting
that I do understand.
(melodic guitar music)
- Sorry I can't take
you to the airport.
- That's alright.
Will you be able
to get Clarry off?
- I don't know, with his
record, it doesn't look good.
- Do you want me to
stay, 'cause I can call--
- No, no, no, it's okay.
- Drew, I think you should
meet your family, you know,
find out who they are,
I don't want you to think,
that I wanted to stop
you from doing that.
- I know.
- You can visit as
much as you like,
I'll come with you.
I'm sorry.
- No,
I'm sorry.
You were right, it's
always about me.
I've been selfish.
I gotta go.
I'll call you later?
I love you.
- Love you too.
(light accordion music)
I'll be home soon.
I promise.
(footsteps slowly approaching)
- Have you seen him?
No one will tell me anything.
- [Bella] I haven't seen him.
- Did Drew go?
- I don't know.
What the hell were you thinking?
- [Clarry] No lectures,
please, not now, sis.
- Why did you do it?
- We were pissed,
he was pushing me.
Does Dad know?
- It's only a matter
of time, isn't it?
- Don't know why he'd worry,
he wrote me off years ago.
- Well, you seem to be
doing a pretty good job
of forcing him away.
- You know what he thinks of me.
- I know what you
think he thinks.
Baby, if you don't
accept yourself,
how do you expect him to?
You're gonna do time,
I don't know that there's
much of a way around it.
- I can't do it, sis, I can't.
You need to put a
good word in for me
with that boss of yours.
- You know that's not
gonna make a difference.
- [Clarry] Drew will figure
something out, though.
- He'll try.
(light haunting music)
- Sis, can you get
a message to him?
Can you tell him that I'm sorry
and that I,
that.
- [Bella] I'll tell him.
- So what do you think?
Do you reckon we've got any
shot of getting him off?
You don't like him, do you?
- I don't care one
way or another.
I can tell you this,
it's gonna be Clarry that goes
down for this, not Archie.
- Is it because they're gay?
Or is it because he's
black and Archie's white?
'Cause that didn't seem
to bother you last night.
Come on, Peter looked like he
was gonna have a heart attack.
- It's none of his business.
It's none of your
business either.
(melodic guitar music)
- Morning.
Everything alright?
- Not really.
Nicola's leaving this morning.
- Oh, I thought she
was staying on a while.
- Me too.
We had a fight.
- About Bernadette?
- I handled everything so badly,
I thought I was doing so well.
- There's no way
to handle it well.
Let her cool off and then call
her, you'll work things out.
- You look like I feel, up
all night dancing, were you?
- I wish.
You haven't heard?
- About what?
- Oh, you'll find
out soon enough.
- Morning.
- Good morning.
- [Ellie] You okay?
- Have you seen
Archie, how is he?
- Archie McMahon?
What's this about?
- I don't think we should be
talking about it actually.
- But you did see him?
I need to know,
Clarry's beside himself.
- Is this something that
will come before me?
- Yep.
- Excuse me.
- Please, Ellie, he's frantic.
- I know he's your cousin,
but shouldn't you be more
worried about Archie?
- He couldn't be more sorry.
- I don't think sorry
is a word you could use
in conjunction with someone
trying to beat someone's
brains out with a star picket.
- What?
- You didn't know?
- Not that, I didn't.
- I'm sorry, love.
Look, for what it's worth,
I don't think he actually,
oh well, it just
got out of hand.
- When you see Archie,
can you give him a
message from Clarry?
- You don't want
to do it yourself?
(mellow rock music)
- [Drew] So what's the
deal with this place?
- Nothing for you
to worry about.
Meet you at the Tuckers,
three streets down,
number 22, blue one.
(melodic guitar music)
- Coffee?
- Nah, thanks.
So where is he?
- He's in the van.
- He's gonna need a
new shirt for court.
- Well what's wrong with
you buying it for him?
- I don't know his size.
Come on, take it.
- So, you're back to
the good old days, eh?
- I had a couple at a
very nice dinner party
with friends and
colleagues, end of story.
- Well the story I knew didn't
have such a happy ending.
- I'm sorry for back then.
- You better go and wake him up.
Billy.
Billy boy.
- Go away.
- Come on, Bill.
- [Billy] Piss off!
- [Sam] Thought I'd come
round to see you before work.
- [Billy] Come by when
normal people are awake.
- Normal people are awake.
- What do you want?
- So I have to want
something, do I?
Look, I guess I wanted to talk
to you about your court case,
it's the next time
we're in town.
- So?
- So, I just wanna make
sure you're gonna turn up.
- Is that what you
woke me up for?
- Come on, Billy.
- I know the drill, alright?
I've got mates in the big house,
they've all been through it.
- Suppose you wanna end up
in there with them, do ya?
- I don't care.
- Come on, Billy, I come
here to help you out.
- You come here, 'cause you
don't want me to embarrass you
in your fucking court
room, you're ashamed of me.
- Well, that's bullshit
and you know it.
Look, you're gonna turn
up to court on time
and do the right thing,
otherwise it's gonna
go badly for ya.
Do you think it's a fucking
joke getting locked up, eh?
I've got news for you, boy.
(light melancholic music)
Answer me when I'm
talking to you.
Come on, Billy.
- All done?
- Let's go.
- [Drew] One in every port, eh?
- That's my wife,
ex-wife.
(mellow melodic music)
- [Drew] Is Archie
going to lay charges?
- Nah, that's the good news.
- Think we can get
the charges dropped?
- Well, my gut feeling
is that they'll go ahead.
Listen, they were
drunk, drugged out,
people saw what happened.
- Yeah, but is anyone gonna
come forward as a witness?
The cops couldn't get a straight
statement out of anyone,
the last time I heard.
- Isn't Clarry on a
suspended sentence?
- The period has just
expired, I looked it up.
- That's something,
at least a prison term
isn't a fait accompli.
- [Drew] You okay?
- Not really, did
you go see Archie?
- Yeah.
- And?
- He doesn't look pretty.
- I know Clarry did
a terrible thing,
but please, don't
let him go to prison,
he won't be able to handle
them there, I know he won't.
- [Drew] I'll do the best I can.
- Maybe we'll get lucky.
- I might go and see Bob
before we get started.
- Good luck with that.
- Peter's feeling like crap,
we're starting on time.
- Mr. McMahon has
indicated to me
that he's interested in
dropping the charges.
- Mr. McMahon's lucky to be
alive, Drew and you know it.
- This is the first time
any type of force like this
has ever been used.
- But not the first
time these two
have had a go at each other.
- Oh come on, Bob,
it's a one off,
it's not gonna happen again.
- You don't know that
and neither do I.
Look, given the gravity
of the situation,
I wouldn't let it
go, even if I could.
(children playing)
- Morning, Sam.
- [Sam] Morning.
- So how was your night?
- Fine, thanks for dinner.
- My pleasure, it was
nice to have you there.
Thanks for showing
Nicola the sights.
- No worries.
- And thanks for
bringing her home safely.
- Big girl like her
doesn't need a babysitter.
- No.
But maybe you'll keep
in touch with her?
- Maybe.
Look, I've gotta
get this finished.
- Yeah, of course, yeah,
I'll see you in there.
- Mrs. Tucker?
Mrs. Tucker?
- Lawyer man coming.
- Hi, I'm Drew Ellis, I'm
representing you today.
How are you?
- I'm her husband,
hair of the dog, bro.
- Stop being humbug, stop it.
- On the 12th of this
month at 5:55 p.m.,
police were called
to the Tucker home
at four Spinifex
Street, The Junction,
in response to calls
from the neighbors.
Mr. Tucker had been injured,
his wife allegedly attacking him
with a frozen catfish.
(court laughing)
- I take it you won't be
presenting it as evidence?
- Nah, boss, I bin eat it.
- Mr. Tucker,
if you can't keep
silent in this court,
you'll be asked to
leave, do you understand?
- Yes, boss.
- Sergeant Temple?
(burping)
(court laughing)
Mr. Tucker,
I suspect the
sympathies of this court
will swing in
favor of your wife,
if you arrive in court in
this state of intoxication,
are you with me?
- Yes, boss.
- Sergeant Temple?
- Well, it appears, sir,
that the evidence has
been eaten, Your Honor.
(court laughing)
- [Peter] Mr. Ellis?
- I'm sorry, Your Honor.
My client's husband
has indicated to me,
that he does not want to
continue with the charges,
given that the weapon
has been consumed,
(court laughing)
and my client has given
me her assurances,
that she will not re-offend.
- No, Your Honor, I was
wrong to hit him like that,
I know that and I don't
know what bin come over me.
But he always drunk
and he's supposed to be
helping in the house.
I won't do it again.
- Look, I ask that this case
be dismissed, Your Honor.
- Sergeant Temple?
- No problem, Your Honor.
- Very well, Mrs. Tucker,
you are free to go.
- Thank you, Your Honor.
- Thank you, Guvner.
- But I would like to point
out to both of you that,
while there have been
moments of levity
this morning in the court room,
this is really not
a laughing matter.
You do not take to a loved
one with a weapon, any weapon.
Do you understand?
Ever, there's no excuse.
Thank you.
(mellow upbeat music)
- [Mrs. Tucker] Come
on, get up, get up.
- On August the 15th at
approximately 1:55 p.m.,
police raided Mrs. Tam's
property at 97 Melaleuca Drive
on a report that
12-year old Joel Tams
was under the influence
of a narcotic.
A banned substance, cannabis
was found in a tea
tin in the kitchen.
It is alleged that Mrs.
Tams purchased the cannabis
for the purpose of supplying
her son, Joel, with the drug.
Mrs. Tams was
interviewed and admitted
to baking with the drug and
feeding her son cookies.
She was subsequently charged.
There is no record, Your Honor.
- Mr. Ellis?
- Your Honor, may I
refer you to Joel's file?
In the past, it is fair to say
that the boy has been prone
to uncontrollable behavior,
which has seen him
come before the courts
on numerous occasions.
However, since this
mother, in desperation,
turned to cannabis cookies,
he has become much
more compliant.
His mother is an upstanding
member of the community,
who has raised
five other children
without any of them
coming before the courts.
Now I think you'll
agree with me,
that's no mean effort
in these parts.
Mrs. Tams has admitted that
her actions were irresponsible,
but she felt that she could
take no other recourse.
At the first opportunity,
she pleaded guilty
and because of this,
I would beg the court
for some leniency on
this matter, Your Honor.
- Thank you, Mr. Ellis.
Are Family and Children's
Services involved?
- Yes, Your Honor,
Family and Children's
Services are involved.
- Is the child still
in his mother's care?
- No, he's currently in
the care of an aunty.
- I see, do you have
a recommendation?
- We believe counseling
and periodic visitation
by a case officer can be
arranged, pending your decision.
- Thank you.
- [Drew] Thank you.
- Please stand up, Mrs. Tams.
I have nothing but
sympathy for your plight,
but giving your child drugs
is not in either of
your best interests,
it just sets up a vicious
cycle, do you understand?
- [Billy] Get your hands off me!
(banging outside)
- There's not a lot that
our kids will thank us for,
when they get older, but if
you can keep your child safe,
as you have your other children,
then I think everybody,
including Joel,
will be grateful.
- [Billy] Piss off!
- You need to calm down.
- Don't tell me to
calm down, who are you?
All of this is bullshit!
- Billy!
You need to get out of here
and go home,
- Oh right, here we go.
- before this
policeman arrests you.
- Let him, see if I care.
What difference
is it gonna make?
- It makes a big difference.
You wanna go to jail?
- Oh, you wanna keep
telling me what to do, eh?
What gives you the right?
Think you're the big law man.
- Billy.
- Big law man,
not even our law.
- Billy, that's enough!
- I've had enough.
I've had enough
of you coming over
and telling me what to do.
Who do you think you are?
- I'm your father!
- My father?
Since when?
You're not a father,
you're a fucking stranger.
- Okay, I'm crap.
- Shut up!
I don't need you.
Leave us alone.
- Come on, Billy.
- You let go of me!
Don't!
Leave me alone.
(mellow melodic music)
- [Sam] I've got
to at least try.
- [Drew] I know.
- [Sam] The way he's going,
he's gonna hurt himself.
(mellow upbeat music)
- Your ex's place?
- Yeah.
She doesn't know where he is.
Let's go.
You mob haven't seen
Billy around, eh?
- [Man] I think he went
right around there.
- [Sam] How long ago?
Ask these boys.
Hey, have any of you lads
seen Billy around, eh?
- He was heading
up that way, mate.
- [Sam] Yeah?
Okay there, bro.
(mellow upbeat music)
- Billy!
- [Sam] Billy!
- Billy!
- Billy!
- Billy!
Billy!
- You, you get 'em.
None of them people know me
and those beetles (muttering).
You get 'em.
You get 'em.
- [Drew] Take it easy now.
- [Billy] And the rest of them.
- Billy, come on.
- Fuck you!
- [Drew] Come away
from the edge.
- They're my cuzs.
- Come away from the edge,
it's too dangerous!
- 24 of them,
then there's blood,
and cuzs gotta run!
- Uh!
- Argh!
Don't!
Don't!
- Hey, hey, come here.
- [Billy] Don't!
Stop that, no!
- Uh, uh!
- Sam, don't,
you'll hate yourself later.
- [Billy] Fuck off!
- Fuck off and leave us alone!
It's got nothing to do with you!
- [Billy] Uh, I can't breathe!
Uh, uh!
(muttering)
- Sh, sh, sh!
- Uh!
- Sh, sh!
- I wanna die.
- [Sam] Sh, sh!
(mellow melodic music)
- You need to give me
something to work with.
If you don't talk to me,
then I can't help you.
- I'm afraid that much
as with your friend,
I have no choice but to
hand you the same sentence.
Three months suspended
sentence, $400 fine.
- I would ask the fine
be converted, Your Honor.
- The fine will
stand, Mr. Ellis.
I cannot ignore acts of violence
such as your clients displayed,
not without mitigating
circumstances.
- Now you need to give
me something to work with
or the same is
gonna happen to you.
You could have just
let him sleep it off,
he wasn't hurting anyone.
- Not then.
- Are you saying that he was
gonna hurt someone maybe later?
- Wife.
- He was beating his wife?
- The women, including Mrs.
Thomas beat him repeatedly.
- I would like to add
the following mitigating
circumstances.
Mrs. Thomas and her
fellow night patrollers
were merely acting to
protect a third party.
These women on night patrol
provide a community service,
which allows intoxicated
people a place.
It is known to these
women that Mr. Seagrove
is in the habit of
beating his wife,
when he's had a few too many.
Mr. Seagrove refused a
safe place to sleep it off
and he insisted on going home.
So the women decided
to render him incapable
of inflicting any
more harm on his wife.
- I can't be seen to
condone acts of vigilantism,
but I do sympathize with
your clients' intentions.
I'm recommending a suspended
sentence with no fine.
It's a pity your
two previous clients
couldn't have been more
forthcoming about their reasons.
- The paperwork's not
yet been processed.
- I am at liberty to
alter the penalties
to a community
order in both cases.
Three months suspended
sentence, costs to be included.
- Haven't seen Sam this morning.
- He hasn't arrived yet?
- He didn't come with you?
- No, he had some
stuff to take care of.
Bella,
I'm not staying on,
I'm leaving at the
end of the contract.
- She doesn't wanna come?
- It's not that.
- We'll miss you,
me and the kids.
Even Sam, I reckon.
- I'll miss you too,
all of you.
I'll be back.
- Sure, you'll probably come
and stay at the resort, eh?
- That'd be a nice change.
- Wouldn't it?
You'd better sneak
us into the pool.
- Oh, you betcha.
- What about your family?
- Oh,
I'll come back on holiday.
I'll see them then.
(mellow melodic music)
- See you in there.
- Stay calm and we'll
get through this, okay?
- Mr. Neville's dog, Abraham
attacked some of my
client's much loved piglets
in the sanctuary of
his own backyard.
He was very abusive
to his neighbor
and he actually threatened--
- My client is
not a violent man,
there is no record of any
kind of threatening behavior.
- If my dog is put
down, I'll kill ya!
- Mr. Neville!
- Wait!
- Mr. Neville,
I do not tolerate
threats in my court room.
- And my client tells
me that his dog--
- Take a good hard look at this.
- Ms. Dzavintska, please
control your client.
- Look at the scars
on the little fella,
then tell me that dog's
not a vicious mongrel.
- How did this animal
get into this court room?
- My client was simply admitting
the piglet as evidence.
- Ah, shit!
(court laughing)
- I think it's
time for a recess.
(melodic upbeat music)
(knocking on door)
- [Drew] So how is he?
- Okay, I guess, a few
scratches and bruises,
a billion brain
cells down the tube.
Guess he takes after
his father, eh?
- I wouldn't be too
hard on yourself.
- I would, he didn't have the
world's most sober role model.
Let's just say when
I left the force,
there were some things
that I had to deal with.
- You were a copper?
- Five years.
- Well maybe we can
pull a few strings,
get him into a rehab place?
- We'd get him in there, but
we wouldn't get him to stay.
- Surely he's gotta
know the road he's on?
- Him and his mates,
they just don't care.
I failed him,
I stuffed up.
- You're not the only
one who stuffed up.
Sam, I'm not staying
on, I'm heading back.
I'm sorry I let you down.
- Drew, I've seen a heap of
ALS wannabes come through here,
most of 'em run back to Perth
with their tails well and
truly between their legs.
- What are you trying to
say, that I'm running away?
- No, I'm saying that
you're needed here.
You're not the coconut you were,
when you come up here, you know?
I've been looking for
some time to tell ya,
look, when I was
out at that funeral,
I found out where some
of your family are,
I got some names and stuff.
Look, I'm not trying
to get you to stay,
I just thought you wanted
to know, that's all.
I can take you there,
if you want me to.
- So they're cousins?
- Yeah, they're
cousins of your Dad's,
down your Grandma's line.
- We don't know where
they fit exactly?
- Yeah, they fit as
cousins of your Dad's
down your Grandma's line.
- Yeah, you know what I mean.
- Drew, I'm not your
bloody family tree.
- Yeah, I know, I
was just wondering
whether you might
have met some of them.
- Might have run across
a couple of them.
- In court?
- Yeah.
Look, they're not murderers,
they're a normal family.
- Yeah, I know.
- That's the place there.
Do you want me to come with you?
(eerie traditional music)
Drew?
- I, ah,
I can't do it.
- Oh, I get it,
they're not upper class
enough for ya, is that it?
- It's not that.
- Then what?
- You know, I'm leaving.
There's no point.
- What do you mean,
there's no point?
This is your family, this
is where you come from.
- I know where I come from.
- Do ya?
- You don't understand.
- No,
I don't understand.
(light melodic music)
- [Drew] I'm going to argue
that this type of violence
is unusual in the relationship.
- [Clarry] Do you have
to say relationship?
Can't we just say we're mates?
- Do you really wanna
do that, Clarry?
Okay,
mates.
We'll argue that
this type of violence
is unusual in your friendship.
I could use some other
extenuating circumstances.
- Like I'm the fuck up
black sheep of the family?
- I don't know.
Stresses?
- Do you think you'd do
anything for love, Drew?
Forget your friends,
your family?
Is it like that for you with Di?
- I don't look at it like that.
But I'd do anything to
keep my relationship going,
that's just a part of who I am.
- That's the thing though, eh?
It's only part.
- I guess you do what your
heart tells you to do.
(mellow melodic music)
- Hi, how are you feeling?
- About the same as I look.
I'm pleading guilty
to the assault charge.
- Well,
we need to talk
about this, Archie.
As your lawyer, I strongly
advise you against--
- No, no, not negotiable,
I can help him this way.
If I say it was my fault, he
can plead self defense, right?
- Maybe.
- I'll lie if I have to.
- Two cops saw him hit you,
you were down for the count.
- There's the brick,
the damage to the sign,
we can use that, say
that he felt threatened.
- And did he?
- Probably.
- If you plead guilty to assault
and you give him this story,
with the drug charges as well,
you're going to have a
hell of a record, Archie.
Is that what you want?
- He can't go to jail.
- Archie,
this relationship,
it isn't healthy.
Why put yourself through this?
- He didn't mean it.
- They never do.
- I love him, Ellie.
(mellow melodic music)
- Mr. McMahon, you are
charged with criminal damage,
being under the influence
of an illegal drug,
namely ecstasy and marijuana.
Do you understand the charges?
- Yes, Your Honor.
- How do you plead?
- [Bob] Mr. McMahon
was routinely
- Guilty.
- drug screened
at the Broome Hospital
after his admission
and was found to be
under the influence
of ecstasy and marijuana.
When interviewed, the defendant
admitted to using the drugs.
There is no record, Your Honor.
- Ms. Dzavintska?
- Your Honor, my client has
no prior record of misconduct,
he is well respected
in this community
and he is very sorry
for his behavior.
- And I want to add
that I was the
instigator of the fight
and that Clarry, Mr. Long
only retaliated because he
was in fear of his life.
- Ms. Dzavintska, does
your client understand
that as a result
of this admission,
he may be open to a
further charge of assault
and may end up with a criminal
conviction against his name?
- Yes, Your Honor, I do.
- [Peter] And do
you have anything
further to add, Mr. McMahon?
- Just that I'm sorry.
- There are no witnesses
to this version of events,
Your Honor, I have
to say I'm skeptical,
considering the defendant
stated at the scene
on the night in question that
Mr. Long was trying to kill him.
- He did throw a brick.
- Yes, his statement says that
and there were witnesses
to that effect, yes.
- If I may say, Your Honor,
this is totally out of
character for my client
and he is very remorseful
for his behavior.
- Criminal damage, drug use,
what were you thinking, Archie?
You have a position of
trust in this community
and therefore you
have a responsibility
to behave in a socially and
morally acceptable manner.
Do you understand that?
Given your previous
unblemished record,
your standing in the
community and in this court,
I am prepared to be lenient.
I'm placing you on a six
months good behavior bond
for the drug offenses,
I'm fining you $400
for the criminal damage
and you will be asked to
make restitution, and Archie,
I don't wanna see you
in front of me again.
- [Ellie] Thank you, Your Honor.
- Thank you, Your Honor.
What about Clarry?
- You will be called as
a witness in his case.
- [Court Officer] Clarence Long.
(hushed background chattering)
(light haunting music)
- Just stay standing
please, Clarry.
- Mr. McMahon was
taken to hospital
and suffered a broken
arm, a broken collarbone,
concussion, cuts,
bruises and lacerations.
Mr. McMahon told
police at the scene
and in the ambulance
that, "He's gone mad.
"He's trying to kill me."
- Mr. Ellis?
- Yes, Your Honor,
we would like to add
Mr. McMahon to the witness list.
- [Peter] Done.
Sergeant Temple, do you have
any witnesses you wish to call?
- Yes, Your Honor,
Constable O'Bourne.
- Upon our arrival, we
observed that the defendant
had in his possession
a metal fence post
and was assaulting the victim
about the head and shoulders.
The victim--
- Ah, with respect,
Your Honor, may I point out
that Mr. McMahon and Mr.
Long are both victims.
- Thank you, Mr. Ellis.
- Mr. McMahon was almost
unconscious when we got to him.
An ambulance arrived
a few minutes later.
- [Peter] And then
what happened?
- [Constable] We attempted
to arrest Mr. Long,
he resisted us,
struggling to break free.
He was quite agitated and
became verbally abusive,
when we finally did
load him into the van.
- Mr. Ellis?
- Constable O'Bourne, could
you clarify a few details
about the night in
question for me, please?
You arrived at the scene
and Mr. Long was
attacking Mr. McMahon.
What state was Mr. McMahon in?
- There was a lot of blood.
He had sustained some
serious injuries.
- Well, quite serious, he was
taken to hospital, concussed.
Now did the ambulance
arrive before or after you?
- [Constable] A
few minutes after.
- [Drew] And the
ambulance officer reported
that Mr. McMahon
was unconscious?
- He was out cold.
- Surely an unconscious man
couldn't be expected
to speak, could he?
I mean, you said
that Mr. McMahon
had told you and
ambulance officers
that, "He was
trying to kill me."
But isn't it true that Mr.
McMahon only made a statement
to that effect later, which
was subsequently withdrawn?
- It may have been
in the ambulance.
- Constable O'Bourne, when
you restrained Mr. Long,
what was his reaction?
- He struggled and he
was verbally abusive.
- [Drew] Are you
sure about this?
- Yes.
- And was Mr. Long holding the
star picket when you arrived?
- [Constable] When he
saw us, he dropped it.
- [Drew] And?
- And we cuffed him.
- Well, it hardly sounds
like resisting arrest,
don't you agree?
Just one more thing
just before you go.
Were there any
witnesses to the fight
from the time that
it left the pub
to the time that you arrived?
- There were witnesses to Mr.
McMahon throwing the brick,
but after that nothing before
we arrived on the scene.
- Thank you, Constable.
- [Peter] Thank you,
Constable. Sergeant Temple?
- That's all, Your Honor.
- Mr. Ellis?
- Yes, Your Honor, we would
like to call Mr. McMahon
to the witness stand, please.
(light haunting music)
(hushed background chattering)
Mr. McMahon, what is your
relationship with Mr. Long?
- We're friends.
- [Drew] And what can you
tell us about the events
concerning the
night in question?
- I was drunk.
I picked a fight with
Clarry and he retaliated.
Ah,
we were thrown out of the pub
and I kept goading him.
He wanted to walk away.
I threw a brick at his
head, I wanted to hurt him.
So when he tried to walk away,
I ran at him and punched him
and he began to defend
himself with the star picket.
- Did you tell the police
that, "Clarry was
trying to kill me?"
- I did, but only later,
I was confused,
trying to cover myself.
Well, Clarry's a good man,
this isn't his fault.
(light haunting music)
- Clarry Long is a decent man.
He's gainfully employed
and he's well thought of
by people who know him
and I can argue this without
hesitation, Your Honor,
because I think very
highly of this man myself
and Mr. Long admits that he
has a problem with alcohol,
but he is prepared to undergo
alcohol and drug rehabilitation
and anger management training
and he understands
that what he was doing
that night was irresponsible,
but he was responding
to an attack,
you know, he was
acting in self defense.
and nonetheless, Mr.
Long is truly sorry
for the severity of the attack.
I would ask Your Honor
to take this into account
and give this young man an
opportunity to redeem himself
and to change his behavior.
- Stand up, please, Mr. Long.
I believe that you
have a genuine desire
to turn your life around
and I do believe that
you are truly remorseful.
But I can't be seen
to condone violence
and the sad and simple fact
is that you have a record,
which is peppered with it.
I understand that
alcohol was to blame,
but you've progressed
from assault
to grievous bodily harm
and while Mr. McMahon
agrees to provoking you,
I can find no
evidence to support
that you were in
sufficient danger
to warrant such a response.
You must know that
you were very lucky
not to have killed him.
I also need to
take into account,
that you are only just off a
suspended sentence for assault,
which does not bode well
in terms of assessing
whether or not you're
likely to re-offend.
Believe me, Mr. Long, I
have tried to find a reason
to keep you out of prison and
on the straight and narrow,
but to be quite frank, the
odds are stacked against you.
So on the charge of resisting
arrest, I find you not guilty.
On the charge of creating
a public disturbance
whilst under the influence,
I fine you $500 plus costs.
I find you guilty of one
count of grievous bodily harm
and given your
previous convictions,
I find I have no alternative
but to sentence you to
12 months imprisonment.
(hushed background chattering)
(light melancholic music)
- [Drew] I'm so sorry, Clarry.
- You done what you
could do, Drew, thanks.
- I'm so sorry.
- Maybe this is good, eh?
Time out,
time to clean up my act.
- [Drew] I'm sorry Archie,
but we've got a
lot of work to do.
- This is my fault.
(hushed background chattering)
(light melancholic music)
- [Peter] This court will
adjourn for 15 minutes.
- [Court Officer] All stand.
- [Sam] Are you okay?
- He'll hate it in there, Sam.
- Bella, are you alright?
- Course she's not alright!
- Sam!
- One bloke gets let off,
the other one gets taken down
and what's the obvious
difference in the two?
- Sam, this is not about
color, he had a record,
there was nothing I could do.
- You show me a black
man in the Kimberley,
who hasn't got a record.
- I can show you
plenty of blackfellas,
that don't have a
record for assault.
If you didn't know Clarry,
we wouldn't be having
this conversation.
- If he was a black man who
got a bad deal, yes, we would.
- Stop it!
- Let it go, Sam.
Not everything's
about black and white.
- Oh, is that what you think?
Well, you've got a
funny way of showing it.
Did you tell your daughter
not to go out with me,
because I'm a blackfella?
- I told my daughter
not to go out with you,
because you're an
angry, messed up man
with baggage she doesn't need.
- Stop it, both of you!
I've had enough,
we've all had enough!
(light melancholic music)
- No, no, I'm not bowing out,
I just can't think
about it right now.
Di, it's been a hell of a week,
it was Clarry's trial today.
Yeah.
Well I would have, but we
just seemed to be stuck
on this bloody
kitchen redecoration.
- I'm sorry, I
just needed some--
- Di, something's come
up, yeah, no, it's work.
I've gotta go.
Okay, bye.
Are you alright?
- I'm sorry.
- Hey, don't be silly.
Can I get you anything?
(mellow melodic music)
♪ When you gonna turn
around and see your life ♪
♪ And too long has it been now ♪
♪ Living in the same way ♪
♪ Ya gotta grow someday ♪
♪ And see your heart
yourself this way ♪
♪ Can't keep living
tragic cycles ♪
♪ Ya gotta grow each day ♪
♪ Can't keep living
tragic cycles ♪
♪ Ya gotta grow each day ♪