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Mike finds himself with the case of a lifetime in having to defend Bill Sutch for spying, a case that will propel him to even greater fame as his drinking and personal life begin to take their toll.

An intimate and personal story of one of New Zealand's most enduring characters in the law profession, Mike Bungay QC.

Primary Title
  • Dear Murderer
Date Broadcast
  • Thursday 14 September 2017
Start Time
  • 20 : 30
Finish Time
  • 21 : 35
Duration
  • 65:00
Episode
  • 2
Channel
  • TVNZ 1
Broadcaster
  • Television New Zealand
Programme Description
  • An intimate and personal story of one of New Zealand's most enduring characters in the law profession, Mike Bungay QC.
Episode Description
  • Mike finds himself with the case of a lifetime in having to defend Bill Sutch for spying, a case that will propel him to even greater fame as his drinking and personal life begin to take their toll.
Classification
  • AO
Owning Collection
  • Chapman Archive
Broadcast Platform
  • Television
Languages
  • English
Captioning Languages
  • English
Captions
Live Broadcast
  • No
Rights Statement
  • Made for the University of Auckland's educational use as permitted by the Screenrights Licensing Agreement.
Subjects
  • Television programs--New Zealand
Genres
  • Drama
(DRAMATIC MUSIC) Paging Mike Bungay, lawyer. We're still getting married. In 20 minutes. (ALL CHEER) Cold dinners. The cold bed. It's Trish Walkley. You tell me about her, Mike! Huh! (CUP SMASHES) (SCREAMS) But you can't keep sleeping around and have a decent marriage, and you can't keep thumbing your nose at everyone and have a decent career. - (CHAIR SMASHES) - (GRUNTS) There are those in favour of putting a stop to his excesses. I've just been handed a very tricky, very high-profile case. Bill Sutch? I join the ranks of the grey. There's never been a spy trial in New Zealand before. Roll up, roll up. All the fun of the fair. (INTRIGUING MUSIC) Captions by James Brown. Edited by Jake Ebdale. www.able.co.nz Captions were made with the support of NZ On Air. Copyright Able 2017 (DINERS CHATTER) He doesn't much look like a spy. Hmm. No. Could be a problem. Mind you, if you are a spy, you're not supposed to look like a spy, are you? I mean, that's the whole point. We could always dress him up in a fedora and sunglasses for the trial. (CHUCKLES) Oh, Ian, I'm joking. I promise to behave. I have been behaving, haven't I? Impeccably. Look, I'm so bloody impeccable, I'm boring myself to death. What's he want? How are you? Well. Mike, this is` Mike? This is Bruce. Peterson. Pleasure. Is it? We'll see. Bruce is gonna be coming on board with us. Young blood. I think we'll find him very useful ` not just for this one when it goes to trial. If it goes to trial. If? Espionage. The Attorney General has to approve the case going forward. We'll start by trying to pre-empt that approval. Bill's already started on a letter to Finlay. Good, Shirley. Run it by us. I'll stall for a few days, buy some time, go through the statement and the Crown's evidence, pull together some of our own. Character witnesses and so on. Can you make a list of potentials? Great. Get young Bruce here to vet them, see if he shapes up. Good idea. While we look into the allegations. Given their questions at interview, it sounds like they never actually saw you meet with Razgovorov when they picked you up on the 26th. Not that night, no, but others. (SIGHS) I-I've been incredibly stupid, I'm afraid. No. Excellent. It could be useful. I mean, stupidity, after all, isn't a crime. And the charge, as determined by the Act ` well, it's so open-ended, it's stupid. Mm. Now, (READS) 'Between the 13th of April and September 26 1974 at Wellington, 'for a purpose prejudicial to the safety or interests of the State,...' ` excuse me for reading this ` '...information which is then calculated to be, or might be, 'or is intended to be directly or indirectly useful to an enemy.' I mean,... it's bloody rubbish. A 25-year-old act all but copied from the British one. No, Mike's right ` it's nonsense. Martyn Finlay's already concerned about its usefulness. Perhaps Savage is driving this whole thing. Solicitor General Savage isn't my biggest fan, which means he'll be setting out with a burr already under his saddle. Anyway, let's see what Finlay says. Before any of us realise, it might all be over. That's what I said. It's over. (SIGHS) Look, there are legal hoops you have to jump through. You can't just announce it's over. We are married. You really think we can call it that? (POURS DRINK) Look, Bev. I'll... I'll be better, OK? I'll try harder. I-I'll be... impeccable. Come on, Mike, you can't even spell that. (CHUCKLES) No, you're right. I can't. (SIGHS) I'm sorry, Bev. Um,... queen... (SNIFFS) to QB2. Check. (SNIFFS) Perhaps you can deal with that. (SCOFFS) Like Rome burning, eh? Playing chess while young Bruce and Ian plug away at the Sutch thing. How will I be able to take all the credit for all the work? You do plenty of work. Yeah, I do plenty of everything, don't I? You can't help yourself. Can you? If anything, you've gotten worse since they clipped your wings in court. But you seem to have to spread them elsewhere. Hmm? Submission is not your strong suit. I cop the brunt of your frustrations. Check. It's hard, Bev, OK? It's, like, very hard` Ohhh crap! Crap! I am the one it is hard for! Being Mrs Bungay. It's a small town. Your peccadillos, they don't go unnoticed! I can't spell that either. No, just have them! Can't spell them! I meant 'unnoticed'. Well, that I do agree with. I hate other people thinking that I don't know. Other women, especially. They must think that I am so stupid. And, well, I am bloody well not! SOFTLY: No. No. No! Trish isn't a peccadillo! Fuck! (GLASS SMASHES) MUTTERS: Fuck. Fuck! (BREATHES HEAVILY) It's the double letters that throw you ` two 'N's in 'unnoticed'. Two 'C's in 'impeccable' and 'peccadillo'! (DOOR SLAMS) Shit! (PHONE RINGS) Shit! Bungay. (DRAMATIC MUSIC) Oh, you took your time. Even lawyers sleep, Esther. And, unlike other sharks, we can't keep moving while we sleep. I said the morning, it's morning, I'm here. You got a smoke? Smoking's bad for you. They're charging me with murder. Yeah, so I gather. Along with... James Hemi Hukanui` Jimmy's my brother. And... Paul Manihera? Boyfriend. Lovely. How long? A bit. My kid's not his. I've got a kid, you know? I can't be in here. Well, I'll see what I can do. But I don't think you have a lot of choice, as far as that goes. Your brother and your boyfriend haven't denied anything, including your presence. So? I didn't do nothing. I was there ` that's all. Well, according to your brother and your boyfriend, you were the honey in the pot. You lured that young man to the river. And if that's true, well, they can charge all three of you with murder. Murder? By association, yeah ` common purpose. No, I now all about common purpose, Mike; we're supposed to have one ourselves. We've got the biggest trial in New Zealand legal history on our plates. Yeah, I know. I know. These bloody shoes are killing me. Bruno's chewed them out of shape. You can't take on a murder trial. Look, it's a perfect stalling tactic. Besides, I was requested. And you know as well as I do it'll be a week until there's a response from the AG, before we even know there's gonna be a trial. Plus, it gives young Brucie here a chance to get off his bum and identify some useful character witnesses. I'm already sorting through some. Excellent. Good for you. And? Some good ones already. All happy to say Sutch is honest, loyal, trustworthy... 'Course they are. Except what we're going for here is more of a character assassination, OK? Um... Mike. Look. What we wanna do is to paint the picture of a boring, unimaginative civil servant at the end of his career, sitting on a cushy job in the Arts Council ` why and how the fuck he even wants to play James Bond games. Got it? Boring, unimaginative ` got it. Great. Now, I've need to go and chat to a couple of interesting young gentlemen in jail. No, you don't. Handball it on. Too late now. (SIGHS) Hey, George. Mike. - Well, you don't have brownie points for bullshit. - (DOOR SLAMS) Blaming your sister's boyfriend isn't gonna make much difference. You both admitted to the killing. Cos the copper said we'd be better off. Yeah, well, you'll be better off than Mr Harkin, whichever way you cut it. Who? The young fella you killed, Jimmy. Mark Norman Harkin. SIGHS: Yeah. And, honestly, I'm not interested in your degree of culpability, other than how it affects your sister. Remember her name ` Esther? The one who's pleading not guilty. So my task, Jimmy, is to find out what was going on in your heads that night, which is why I need to know, without all this bullshit, what happened. You think we can do that? We can do it. Nah, let's just piss off home. We don't even got money to buy another beer. That's what I'm saying. He does. He paid for their last round. So what are we supposed to do ` hang about thirsty till he decides to go for a piss or something? Ugh, I'm hungry. And I saw him eyeing me up before. LARSEN: Well, she's not an unattractive young woman. Easy, Jim. We can't have the Crown ogling the accused. Leave that to us dissolute defenders. I meant it's entirely believable she enticed him to the river. Which is a few minutes' walk away, so ` premeditation? Oh, come on, Jim. Cards on the table; we don't have to dance around each other. Oh, I thought you liked a bit of a dance. You OK? How are depositions going? Uh-uh. No. I won't be deflected. Solvoll ` premeditation, common purpose, right? They conspired, with malice aforethought, to lure him from the pub. With the intent of killing him, though? Hmm? That's the question. So, what you gonna do? Easy ` I'll get him out of here and you roll him. OK. If he tries to cop a feel, I'll do more than take his fucking money. So, if he's been eyeballing Est, he's had a good look at us as well, bro. So? He's been eyeballing her, eh? I'll fucking kill him. I'll cut his fucking throat with these. (STAMPS) According to her, robbery was the go. The only unlikely threat that was made was to cut his throat with spurs. Yes. And they didn't do that; it was an empty threat. It was a threat made with murderous intent, and a man was murdered. Yeah, but did she expect it to happen? That's the guts of it. I'm starving. I reckon I can get him to get me a burger. Fuck off. (CHUCKLES) (SUSPENSEFUL MUSIC) Hi. It's OK. It's my brothers arguing again; boring. You got a smoke, or you gonna buy me a burger? 2 A burger,... a cigarette... and a robbery. (ENGINE RUMBLES) Well, hang on, hang on. So, where's this party? Tirangi Rd, but it won't be jumping yet. There was no party. This was part of an orchestrated plan. A plan to rob Mr Harkin, not kill him. So, what do we do in the meantime? Any ideas? Nice buns. And I don't mean that burger, eh? I'll take that smoke now. We can go under there, if you like. You can check out the patties as well. (EXHALES) Oh nice. They feel good. How do they taste? Is that lighter in here? Oh, it is. And something else. (CHUCKLES) Let's go deal to that. (BREATHES HEAVILY) (GRUNTS) Party started early, arsehole. (BOTH GRUNT) (LAUGHS) LARSEN: This was a brutal attack, a planned attack, and there can be little argument as to the fundamental facts. The question for you, the jury, is what conclusions can be drawn as to Esther Solvoll's intention at the time,... (WATER BUBBLES) ...on the basis of what she did, what was said and what followed. (WATER BUBBLES) JIMMY: Fuck. Shit! The pathologist has stated Mr Harkin died of drowning ` not from a beating, not from having his throat cut by spurs, which is the only potential element of physical violence that Esther Solvoll has admitted being aware of ` neither of these. She expected Mr Harkin only to be robbed, not killed. This may seem to be a legal nicety to you, but it does, in fact, speak to the whole question of common purpose. Now, my learned friend has spoken to you about the importance of what the accused was thinking. And I'm sure you must be contemplating the difficulty of that task. May I suggest that you also contemplate the difficulty that Esther Solvoll had in discerning the actual intentions of Mark Norman Harkin's killers. (SIGHS) Got his dough? Fuck! Shit. 18 bucks and fucking change. Yeah, he got me a burger, eh. Fucking cheapskate. I should have cut his throat. (GRUNTS, SCOFFS) Crap watch as well. Yeah. Yeah. (BODY SPLASHES) Oh well. Still time for a beer, at least. His shout, eh? (CHUCKLES) LARSEN: This was a premeditated and cold-blooded killing. And Esther Solvoll was party to it. And as such, you must find her guilty of murder. The only legally supported verdict is not guilty. (TENSE MUSIC) (SIGHS) (POURS DRINK) Two hours. Good or a bad sign? For whom? You OK, Mike? Personal stuff. I have a lot of personal stuff, Jim. I manufacture it just to keep myself busy. Bev? Sorry I'm late again. Bev? (SOMBRE MUSIC) - (DOG PANTS) - Hi, Bruno. Oh, things have come to a head at home. And more, professionally. Depositions in the Sutch case not going to plan? Oh, (SCOFFS) they're going perfectly to plan, I think ` Savage's plan. I mean, going to trial was a foregone conclusion, given all the publicity. And a refusal to go to trial would have been a political disaster for the Attorney General ` status of the SIS, national security, you know. I mean, he's been pretty much hamstrung, really. Mister Bungay. Your Honour. I have to say it's been a pleasure, this last while, to see your behaviour in court so improved, both with regard to appearance and tone ` a sense of some respect, even. Thank you, Your Honour. It would be appreciated, however, if you could extend your newly discovered good manners to the rest of the building as well. This is a robing room, not the back bar at De Brett's. That is an 1860's Biedermeier table. It has supported the weighty briefs of the likes of Robert Stout and William Downie Stewart Jr. Kindly take your feet off it. Thank you. Mr Larsen. I copied the Sutch statements like you asked, and the jury's in. In the matter of the Crown versus Esther Te Aranganui Solvoll, have you reached a verdict? (DRAMATIC MUSIC) I got a kid. I didn't do nothing! I didn't kill the bastard! BAILIFF: You need to sit down. I didn't do nothing! Please, sit down! (HEAVY BREATHING) (GRUNTS) (PANTS) Sorry. No, really, it's fine. I'm fine. (SIGHS) Any particular demons we're trying to chase away tonight? (EXHALES) You feel heavier when you're unhappy. Oh. I'm sorry. (SIGHS) You lost. Today? Yeah, I did. Is that what this is about? Losing? Mm. No. That's just something that happens, you know? The system, the process making its choice. Just like they did. $18.40 and a shitty little watch ` that's what they killed him for. What a pointless bloody choice to make ` to kill him for that. And me, you know? I make so many bad choices, Trish. So many. Like us? Are we a bad choice? No. No. I meant professionally, you know? You end up dancing with devils, and you wonder sometimes why you even go to the ball. The curse of a good heart, Mike. Yeah, that and being too clever a dancer. (CHUCKLES) Need to get home? To feed Bruno. Although he's become quite adept at feeding himself lately. (CHUCKLES) Maybe I should just stay here instead, huh? Yes. And,... I should've told you, but I haven't seen you. Bev left. She's putting in for divorce. Ah. And she's OK? Not too acrimonious? I don't think even she can spell that. Something she said. So now what? This is supposed to change things for us? Make it somewhat... easier? What, less sordid? This has never been sordid, Trish. That's a matter of perspective, I suppose ` like the shoes. (REFLECTIVE MUSIC) (SIGHS) 3 (CAR APPROACHES) Mike. There you are. I am. Bruno's just been passing comment on my day ` mind the shit. Check your answering machine? Why would I do that, Ian? It might have a message on it. It has ` several. We're working over. There are statements from the Russian ambassador and the press attache to get through. Plus Bill's diaries, finally. I've got young Bruce to copy statements for me. I'm reading them tonight. Ah. Well... the diaries are a bit of an awkward development. It's got notes in it about his meetings with Razgovorov. Really? That's good. Good? It confirms the meetings took place. Have you been drinking? Well, the SIS are gonna be insistent on those meetings anyway. And the fact that Sutch noted them down works for us, right? I mean, spies don't make diary entries about secret assignations. Come on, Bruno. Come on. (DOOR CLOSES) Here you go. (PANTS) (EXHALES) I do the dishes every three days as a meditation, so I still have clean glasses. And, yes, I have had a wee stroll with Johnny. You promised not to drink. No. I think... I promised not to get drunk. There is a difference. Where's Bev? In a happier place. It's all right ` I didn't murder her. She left before she murdered me. Cheers. Jesus, Mike. When did she leave? One day, when I was at work. To avoid a scene, I imagine. Lawyers will profit, no doubt. I'm... I'm sorry. I'm really sorry. What? You didn't take the case, did you? (CHUCKLES) I'm joking. It's probably for the best. Look, are you sure you're gonna be able to give this what it needs? I mean` A few more of these to dull the senses, I'll be sharp as a tack. Bloody hell, Mike. We're committed to this case now. You can't just go swanning about` I'm fine. I'm not drinking because Bev left. I'm not drinking cos I lost in court. This time, I think it's because I took the case. You know,... it was completely without consequence, Ian, to` to her. You know? When I finished closing, she... winked at me. It made me feel... complicit. It's all in here. Printed, filed. Exhibit one in defence of the prosecution. You want another? # I'm in a rock 'n' roll dream. (SIREN BLARES) # You know what I mean. # I've got the pedal to the metal. # I've got a full head of steam. # Shit. (DOG BARKS) It's all right, Bruno. I'm sorry I'm late. Bruno got pulled over. We're going into trial. It would appear so, yes ` to court, at least, which is why we need to discuss strategies. Ian tells us you won't be making an opening statement, Michael. Is that wise? I think so. If we open, it just signals that we accept there's a case to be answered. And we don't accept that. So, when the Crown's done, I'm gonna go for dismissal under 347. What's 347? It's really about not wasting the court's time. I thank my learned friend, the Solicitor General, for his eloquent opening statement. We shall not be making an opening statement of our own, but rather, having thoroughly examined the evidence ` or, indeed, the lack of evidence ` and having come to the conclusion that there are no reasonable grounds for believing, on the basis of provable facts and a reasonably arguable view of the law, that the Crown's claims have any reasonable prospect of success, we seek to have all the charges dismissed under Section 347 of the Act. Thank you, Mr Bungay. Case dismissed. And if that doesn't fly, then we call our witnesses and go to trial. And if it is denied, how will I plead? Well, that's a silly question. Not guilty. Not guilty. Of course. Um, I've... I made a list of some more character witnesses. The ones you've suggested, Michael, aren't exactly the strongest candidates. You don't think so? We'll give these others our careful consideration. Bruce? I was just wondering ` it might be a nice time to get some coffees all round. And then do please come and sit in. Thanks, Ian. Oh, could you make mine black and strong, please? And if you wouldn't mind, just check in on Bruno in the car. Now, Ian, you want to discuss the search of the properties ` at home and at work. JUSTICE BEATTIE: The Attorney General has given his consent for this matter to proceed to trial. And in doing so, he chose to make a public statement explaining his reasons. If any of you retain any recollection of what he said, I ask you to put that public statement right out of your mind. His reasons have no bearing on this trial. They published Beattie's instructions to the jury, I see. Yep. The press is certainly not ignoring us. Ah, but the jury must ignore the press, insofar as that's possible. After you. Don't wheel that in yet. Wait out here till I've gone for dismissal. It's for the case. There's not much point me saying there's no case to answer with a bloody great pile of files sitting next to me, is there? JUSTICE BEATTIE: Even when this charge was first laid, there were extensive reports in the news services which you would have seen or heard. And you are further instructed to take no note of any other government minister or commentator or any news report relating to the case. BUNGAY: (MUFFLED) ...under the law for there to be a possibility for a case to be proved and, given the Crown's lack of evidence in this matter, we don't believe that is to be the case. We seek to have all the charges dismissed under Section 347 of the Act. Thank you, Mr Bungay. I too have thoroughly examined the evidence. Your request is noted... but denied. Now, shall we proceed? Well, it was worth a shot. So, we proceed to trial, as expected. We do. Despite the lack of evidence (!) It's the quality of the evidence I question, Richard. The quantity is irrelevant if it's inconsequential. I'm sure its significance will become readily apparent to the jury, and eventually to you too, Bungay. Oh, we'll see. Mm. We will. Careful, Mr Solicitor General. That is a Biedermeier table. (CHUCKLES) (BOTH LAUGH) No, he went a kind of purple colour. (CHUCKLES) Got under his skin, did you? Mm. A small victory. I needed one, after openings. Hmm? Didn't go well? Well,... it wasn't the outcome we wanted. It was the outcome we expected. (SIGHS) It didn't blow up in my face, but, oh... they all just love watching me rein myself in. It's not my style, Trish, you know? It's all a pretence. Well, stop pretending. Just let go of the reins. Yeah, right ` for the biggest trial of my career. Why not? Didn't Ian say they wanted a ringmaster? Just be your unrestrained, outrageous self, like you are in other areas. Mmm. Hey,... do you still know that Katrina woman? What? What Katrina woman? The one who owns the shop in Manners St. Do you think she'd open up for me, in an emergency? (SIGHS) Come on. (LAUGHS) Come on. Come over here. (LAUGHS) (INTRIGUING MUSIC) What do you think? (LAUGHS) Bruno,... chew. Shall we break 'em in? Hup! (LAUGHS) Ooh! (RATTLING) 4 (SUSPENSEFUL MUSIC) JUSTICE BEATTIE: 'On the application of Mr Savage, there will be no photographs taken 'and no sketches made during the hearing. 'Names of members of the Security Intelligence Service 'will be identified only by letters or symbols.' SAVAGE: 'It should not be imagined that New Zealand is so universally loved 'that it has no possible or potential enemies.' BUNGAY: 'So, what is an enemy? What is a potential enemy?' 'It is of the greatest importance that any enemy New Zealand may have 'should not be able to obtain information prejudicial to the safety and interests of the State.' 'But what information are we talking about? We don't know. 'We're being asked to speculate about what it is or might have been. 'We don't even know if such information, even if it did exist, was passed on.' 'But Dr Sutch's guilt, under the Act, does not have to hinge upon the actual passing on of information.' 'We don't even know if there is a charge to answer.' After you, Mr Solicitor General. Take it in? Roll up, roll up. (INTRIGUING MUSIC) (DOORS BANG) BAILIFF: All stand. (SHUFFLING) This witness is designated 'Mr S'. For 'spy'. (CHUCKLES) I'm not a spy. And they can't prove that you are. Two non-meetings, three casual chats and one unobserved meeting the night you were arrested? It's Mad Magazine stuff. (THUNDER RUMBLES) In fact, events of the evening of the 26th of September were so confused that you can't even confirm any information changed hands, can you? Well, the exchange wasn't actually seen, no. No, not by you, or by the other... 11 police and SIS operatives assigned to the so-called surveillance? Shit! No. And it wasn't so-called surveillance. (THUNDER CRASHES) Wellington CIB. W-What's this? So, tell me, Mr S ` what was the nature of this information? Where is it? I mean, did the subsequent police and SIS search of Mr Sutch's home reveal anything? No, it didn't. You let them into your office too, didn't you? And they didn't find anything there either. Nothing the Russians might be remotely interested in. SUTCH: What about my diary, though? SHIRLEY: It has notes on meeting times and places. We've discussed this. Spies don't diarise their activities; civil servants do. No, the Crown's case is gonna hinge upon three things ` our attempts to nip this in the bud. The letter to the Attorney General. The fact that you lied to police. I was flustered. And most importantly, the nature of the meetings themselves. Six meetings ` or attempted meetings ` all at 8.30 at night, at approximately monthly intervals. Correct? Yes. The attempted meetings can be easily disputed. No. The Russians deliberately shook our tail. - 'Shook your tail'? Well, that sounds a bit provocative. - (SCATTERED LAUGHTER) How did you know that's what they did, then? There are standard techniques to check if you're being followed. You jump a red light, make a U-turn... other violent manoeuvres. (ENGINE REVS) Wow. Not even a ticket. - I should be so lucky. - (LAUGHTER) My question is ` how did you know Mr Pertsev and Mr Razgovorov were on their way to meet with Dr Sutch? Because by this time we were observing him as well, waiting in the same area. Well, I'm sure there were a lot of other innocent people going about their business in that same area as well. And, just between me and you, I have myself made several illegal U-turns in my time. (LAUGHTER) Your Honour. Mr Bungay. It's true ` I have, Your Honour; I have the tickets to prove it. (LAUGHTER) The non-meeting ` well, that shouldn't be a problem. The most useful one for the Crown is the Hopper St, on Wednesday. August 28th. Useful how? Well, because of the briefcase and the supposed change of information. That you observed, Mr X? What I observed was Dr Sutch raise his knee and open the briefcase. So you didn't actually see him pass anything to Mr Razgovorov? The moment was... obscured. But you could positively identify both men from a hundred yards away? Yes, the doorway was very well lit. Ah! I see. And so did you, apparently. So, what happened next? Razgovorov came down to the Embassy car. Shit. IAN: And where were you at this time? I was... stuck in the phone box. (LAUGHTER) (LAUGHS) Pertsev had pulled up right alongside. Right. And did you see Mr Razgovorov get into the car? Yes. And did you see him carrying anything? (CAR STARTS) No. BUNGAY: No. So what did Dr Sutch's briefcase contain? What was Dr Sutch's daily habit? He always took home any leftover milk. From the office ` in his briefcase? Yes. And... would you say he was a frugal fellow? I suppose so. As the witness states, Dr Sutch routinely took milk home in his briefcase. And, as he stated to the police, that milk fell over. So, in the doorway, he rested the briefcase on his knee to right it. Now, if it pleases the court, we have tabled in evidence the chemical service's lab analysis of Dr Sutch's briefcase, in which there is the presence of soured milk. Mr Y. Um, Mr...? ...X. Mr X. Sorry. - Why? Why`? That's W-H-Y. - (LAUGHTER) Why, in your expert opinion, would a spy choose a very well-lit doorway for an exchange of official secrets? Would that be an ideal location for passing on such illegal information? Or milk, for that matter? Not exactly, no. No. Exactly ` not exactly. And why? Hmm? 5 (SOFT PIANO MUSIC PLAYS) Oh. I'll give you an A for this too. This is lovely. What is it? Uh, Rachmaninoff ` one of the quieter ones. (CHUCKLES) I mean the stew. It's a ragout, not a stew. I know a stew when I get into one ` believe me. Yeah, I know. That's why I made you dinner, so you can eat and stay on top of it all. Mm. Mmm. Thank you. Lovely. Thank you. Even though I know you're gonna wolf it down so you can get back to work. How's it all going, anyway? Well,... I'd like to think we've got them on the run, but there's still two more days of evidence, so who knows? Well, here's to your brilliant, unrestrained way with words. (CHUCKLES) Well,... here's to your ragout. (GLASSES CLINK) SAVAGE: Now, Dr Sutch has been accused of disloyalty to his country. There can be few things more damaging to anyone. All the character witnesses called have said that Bill Sutch is a loyal New Zealander. They've also said that he can be naive ` stupid, even. Still, let me remind you that stupidity is not, and has never been, a crime, as... such. Now, you've heard from our ambassador to Italy that my client recently tried to obtain a new position in the government. Doesn't this give you the impression of a lonely, pathetic man who's served his country well, but like a retired actor or boxer, he just doesn't know when it's all over? Defence has stated that the meetings were open. And, certainly, that would make sense, if the meetings were to appear innocent. But in a, quote, 'very well-lit doorway'? Funny place for spies to meet. After dark and after numerous attempts by the Russians to avoid being followed. Now, all of this would've been quite unnecessary if the discussions were to be about, say, the Russian ballet. If Dr Sutch had wanted to meet a Russian agent surreptitiously, why not use his position as chairman of the Arts Council ` the pretence of a meeting, say, about the Russian ballet, if you like? 'And why clearly note these meetings in a diary? 'He can hardly be called a clever spy for doing that.' The question remains ` why would Dr Sutch maintain his denial of even knowing Mr Razgovorov? Why lie to the police? Why lie? Imagine... (THUNDER RUMBLES) 'It's a dark, rainy night. 'Sutch is all alone, 'when suddenly he's accosted by a detective and another person with a tape recorder.' What are you doing here? I-I'm waiting for somebody. Is it a Russian from the embassy? 'And suddenly a detective inspector arrives and cars pull up from everywhere 'and he's completely surrounded with people firing questions at him.' The impact can only be imagined. Yes, the accused did say that he did not know Razgovorov. That wasn't true, but he stuck to it. His stupidly naive liaison had been exposed in no uncertain terms and in dramatic circumstances. Who wouldn't panic, even lie? The letter to the Attorney General was not written in panic. Yet it contains further deceits and distortions, and its explanation for the meetings is plainly misleading. That Razgovorov was interested in my client's views of the Zionist movement in New Zealand ` I don't think there's anything unreasonable in that. It's been stated under oath that Sutch is a great supporter of the Friends of Israel. That does not make him a spy. (RAIN PATTERS, MEN CLAMOUR) 'No. The Crown has yet to prove that. And the standard of that proof is beyond reasonable doubt. 'The missing information is a key ingredient to that proof. 'Now, neither the SIS or the Crown have that information. 'They don't even know if that information exists.' They are asking you to guess at it or speculate as to what it might be, if it did exist. There can be no more despicable label attached to any man than that of 'spy'. And this loyal servant of New Zealand has not earned that label. And I am confident, ladies and gentlemen, that you will find him innocent of these unfounded charges. (TENSE MUSIC) (LAUGHS) Mike, I can't thank you enough. No thanks needed, Bill. Wonderful. I'm just happy, unlike the Solicitor General, (LOUDLY) I've never lost a spy trial yet! (CAMERA SHUTTERS CLICK) When was it, exactly? I see. Well, thank goodness he got to hold his grandson, at least. Yeah. I'll certainly attend. Thank you for thinking to call, Shirley. OK, bye-bye. (SOMBRE MUSIC) SUTCH: 'Mike, I don't dream about you, but you are with me every hour. 'Sometimes I picture you, the whole court waiting for your next approach to demolition, 'making quick judgements and acute psychological appreciations. 'I admire you... 'and thank you. 'Bill.' READS: 'Acute psychological appreciations.' I wish, Bill. I wish. (REFLECTIVE MUSIC) (SIGHS) What a birthday. (SCOFFS) They won in the end. Bastards.
Subjects
  • Television programs--New Zealand