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A U S T RAL I  AN S  CREENED U CAT I   ON
The Accused 
INTRODUCTION
 
I
n
The Accused 
, the viewer is escortedthrough an actual courtroom drama.The accused is a middle-aged mancharged with the importation of drugs – acrime that carries a penalty of more than20 years imprisonment. The film is struc-tured so that we see the trial mainly fromthe point of view of the defence barristers – Philip Dunn QC and Laurie Levy (film-makers note – this is because the defenceteam offered the most access to the film-maker in terms of how much they wereprepared to be filmed, had the prosecutionmade a similar decision then a lot more oftheir “behind-the-scenes deliberations
 
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would have also been able to beshown) – in their passionate efforts tohave their client acquitted. We wit-ness their emotional vagaries not onlyin court, but also before and after theircourtroom theatrics as the plot of thetrial unfolds. The film-maker invitesus to ponder the guilt or innocence ofthe accused as we watch the defenceand the prosecution – Hilton Dembo – make their cases. We also considerthe trial from the perspective of thetrial judge – Justice Christine Wheeler – and from the point of view of a lay-man – Brian Duke – a retired account-ant who watches the trial from the gal-lery. This documentary is the productof the first ever criminal trial in Austral-ia to be filmed from beginning to end.It provides fascinating insights intothe pathos of the courtroom and thethinking of criminal barristers as theyplan their strategies (and as they dealas human beings with the gravity andhuman consequence of their work).
The Accused 
is both a documentaryand a drama, as the viewer sees andhears the workings of the criminal jus-tice system, and watches the court-room drama which – as the trial judgeputs it – ‘is more interesting thanReality TV because it’s actually real’.
CURRICULUM LINKS
The Accused 
will have relevance andinterest for students from middle tosenior secondary levels studyingLegal Studies, English and MediaStudies.
BEFORE WATCHING THE FILM
The following trial procedure occurswhen an accused pleads not guilty:•
The case is called and appear-ances are entered
(who is actingon behalf of whom).•
The accused is arraigned
(thename of the accused is called outand the charges are read to thecourt).•
A jury is empanelled
•
Opening addresses are made
  – the prosecutor gives an open-ing address telling the jurors whatthe case is about, and refers toimportant witnesses and evi-dence. The defence replies to theprosecutor’s opening address.•
The judge addresses the jury
  – on the issues in the trial.•
The prosecutor calls the crownwitnesses
– each witness issworn in, then examined-in-chief(by the prosecutor), cross-exam-ined (by the defence counsel),then re-examined (by the pros-ecutor).•
Defence council calls witnesses
  – each witness is sworn in, thenexamined-in-chief (by the defencecounsel), cross-examined (by theprosecutor), and re-examined (bydefence counsel). The accusedcan choose to give evidence andbe cross-examined, or remainsilent.•
Closing addresses are made
  – the prosecutor and the defencecounsel address the court withclosing speeches. The prosecu-tor addresses the court first.Both counsels explain to the jury the important parts of theevidence that support their case.They also address the judge onthe relevant points of law.•
The judge sums up and directsthe jury
 – the trial judge sums up,explaining the relevant points oflaw to the jurors. This explana-tion includes the burden of proof,the standard of proof and themain points relating to the of-fence.•
The jury retires to consider itsverdict
– the jurors go into the jury room.•
The jury gives its verdict
- if theaccused is found not guilty, heor she is free to leave the court,and cannot be tried again for thesame offence. If the accused isfound guilty, prior convictions areheard. If the jury cannot reach averdict, there is a ‘hung jury’ (iethe accused has not been foundeither guilty or not guilty), and theaccused can be tried again on thesame matter at a later date.•
Sentencing
– the trial judgepasses sentence.• What is the purpose of:a examination-in-chiefb cross-examinationc re-examination?
AFTER WATCHING THE FILM
EXPLORING THE START
• What is the intention of the film-maker in the opening of the film?The opening of a documentaryfilm, or ‘set-up’, is usually de-signed to perform specific tasks.How are these tasks performed,
First page: Prosecutor Hilton Dembo. Thispage L-R: The accused about to enterthe dock; Defence team Philip Dunn QC(L) and Laurie Levy (R);Defence QC PhilipDunn waits for the verdict
 
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A U S T RAL I  AN S  CREENED U CAT I   ON
and what are the implications forthe audience?• What is the ‘mood’ of the openingof
The Accused 
?• Make a list of the techniques usedby the film-maker that add to thedrama of the story; eg what kindof music is used, when is it em-ployed in the film and why? Whatediting techniques are used, andwhy?
THE TRIAL
In the film we are gradually made fa-miliar with the ‘actors’ to the trial. Theaccused is a middle-aged Indonesianbusinessman who is married withchildren. The Crown alleged that heknowingly imported 13 kg of narcoticsworth 7 ‰ million dollars. The man wasarrested at Perth Airport 18 months ear-lier along with three companions whocarried the drugs in body packs andfood packaging. The three compan-ions pleaded guilty and were convicted.The accused pleaded not guilty to thecharges of knowingly being involved indrug importation, on the ground thatnone of the drugs were found in hisluggage or on his person.• Defence counsel remarked thathe could see what the jury’s firstimpressions of the accused were:‘Here we go again…a Chineseman bringing drugs into ourcountry’, and he lamented that thestarting point for the defence wastherefore not a level playing field.• What was your first impression ofthe accused? Did the fact of hisethnicity influence your percep-tion? Do you agree with defencecounsel’s view that the juryprobably made racist assump-tions about the accused? Whatimplications does this view of the jury have for the way in whichbarristers conduct their cases?What does this suggest aboutthe fairness of the jury system?How impartial and objective doyou think twelve ordinary citizenscan ever be? Did the fact that theaccused was having an illicit affairwith the younger woman effectyour view of him? Should it?Acting for the accused are theRumpolesque Philip Dunn QC, and junior counsel Laurie Levy. PhilipDunn in particular seems to thriveon the theatrical cut and thrust of thecourtroom, on the backroom strategis-ing and on the thrill of ‘the hunt’. Heis a man who clearly has a passion fordefending (whom he believes to be)the innocent. In this case he seeshis client as a victim of ‘not onlyhis own stupidity, but the mid-dle-aged male thing…he wasused by a younger womanas cover…he was a patsy’…‘that’s the line we are goingto run anyway’.• Later in the film PhilipDunn Laurie Levydescribes barris-ters as ‘hired guns,prostitutes, if youlike’. What is Dunnimplying by describingbarristers as pros-titutes? Is itnecessarythat adefence barrister actually believethat his or her client is innocent?What should happen if a defencebarrister knows or discovers thathis or her client is actually guiltyas accused? Most people whogo to trial pleading not guilty areactually guilty – why is it importantthat accused persons (most ofwhom are guilty) receive a vigor-ous defence?
Outside the courtroom and acrossprison bars we witness the defenceteam consulting with the accused.Dunn remarks that ‘it’s easier torepresent someone you feel detachedfrom…there’s nothing worse than ac-tually liking your client…it’s very easyto let those feelings sway your better judgement’.
The accused is a middle- aged Indonesian businessman who is married with children.The Crown alleged that he knowingly imported 13 kg of narcotics worth 7 ½ million dollars.
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