I'll get you out of this. I'm gonna get you out.
Sir, I need to pat you down.
Who sent you?
Anyone asks you anything, you tell them a guy called Sun sent you.
- Who is Jie Jie? - Kelly.
"Jie Jie" is Big Sister.
The name of his contact is Sun. He knew he was carrying heroin.
Well, then proceed to a signed statement.
If he signs on trafficking, he's as good as dead.
I borrowed the money to pay for his lawyers
and I had to pay it back.
Miss Kim Nguyen, we have a warrant
to search your premises for narcotics.
Has he provided you with a signed statement yet?
- No. - I'm on my way to you now.
What for?
Confirming that what you told us is the truth. Sign here!
Van...
..how could you do something like that?
How could you be so STUPID?!
I did it for us, man.
I did it for us.
How's Mum doing?
Khoa?
Khoa, how's Mum doing?
Khoa!
Daddy, is the Gold Coast better than Tasmania?
Oh, not now, honey.
- I said the Gold Coast, Melissa... - Angie.
Angie, your dad's had a long day.
But I want to know where we're going for Christmas.
- So, how did the case go? - Don't ask.
I've worked it all out.
We rent a car in Brisbane on Boxing Day
and we stay at the Holiday Park which is right by Movie World.
- Honey. - Julian.
I've got a hearing on January 4.
And I've got one on the 9th, but I'm trying.
We've been promising her this trip for a lifetime now.
Jules, you need to spend more time with her.
OK.
♪ We're going to Dreamworld
♪ We're going to... ♪
- Hang on. How many worlds are there? - Three.
Well, we're going to one of them.
They're very expensive. Daddy can't afford that.
- But Mummy's paying for it anyway. - What?
You know, one of these days, your daddy is going to earn
a gazillion dollars by defending a big, nasty bank, you'll see.
Are you telling our daughter that her father is broke?
I'm just telling her the truth.
I'll get it! I'll get it!
- Hello? - Hi, Julian.
It's Mai, interpreter.
You help out my friend in Springvale before.
Yes, Mai, I remember you. What can I do for you?
I have a woman who needs your help. It's urgent.
Very urgent.
Just give me a sec.
Hang on.
His name is Van, correct?
Mmm.
Sorry, it was very noisy when you rang last night,
I missed half of what you said.
He got pulled up on drug possession.
- Heroin, right? - Yes.
OK, and where was this? This was Springvale.
- Right? - No.
Wasn't in Springvale?
In Singapore.
Singapore.
He got caught with heroin in Singapore?
- How...how much heroin did he have? - About half a kilo.
- Good Lord. - She has no money.
She needs a lawyer who can help her for free.
Hey, honey, I'm not sure about a turkey this Christmas.
- Now, put Mummy on, will you? - But Mummy is busy.
- She's working. - Angie.
I'm painting, actually.
Trying to de-stress from this damn compensation trial.
Hey, honey, I've been offered another case, a very difficult one.
- Pro bono? - Yeah.
- Do you think you'll win? - Uh, probably not.
Oh, well, then that sounds perfect for you.
No, this time it's serious, honey.
When is it not serious with you, Mr McMahon?
A mother came to see me today.
Her kid got caught with heroin in Singapore.
- What? - Yeah. About half a kilo.
Oh, God.
So, what do I do?
I've really got to pass on this, don't I?
Oh, Julian, this is a capital punishment case.
I know.
You can't seriously be considering taking it on.
Julian.
Kim, I don't think you understand.
I came here to tell you I can't take on your case. I'm sorry.
Thank you. I understand.
Wait one minute.
Actually, Kim, I might pass on the tea.
I really should get going.
I'm sorry.
Thank you for trying.
Kim, good night.
Julian...
...you...you a good man.
You a good man.
Oh, fuck.
Justin, thanks for the invitation.
- Uh, Julian. - Julian. Sorry.
Thanks for the invitation, but you don't need me.
You get Palakrishnan on board. He'll sort it out.
- Pala...? - Krishnan. Singapore's best.
He's well known for taking on small pro bono cases
like yours over there.
Small? This isn't small.
Julian, kids are being picked up in Asia for drugs all the time.
10g of pot, coke, you name it.
If you just play it low key,
you get Pala on board and he'll sort it out.
Yeah, Lex, I'm not talking about a few grams.
As long as you're under 15g.
Half a kilo of heroin in Singapore.
Half a kilo?
Is the death penalty.
There's a reason why I'm trying to get the best QC in the country to help me here.
December 15th today.
You made any plans for Christmas yet?
Why?
She told all her friends about the trip.
Honey, the mother is a refugee, she can barely speak a word of English.
- I know, I know, I'm not blaming you. - I went there, I tried.
I said no and then...well, then she made me tea.
Oh, Julian.
Hey, honey, how about we go to Tasmania next year?
How about that? Hmm?
Your friend said Tasmania is the bestest.
- The bestest? That isn't even a word. - Hey, hey, honey.
Honey, honey, honey. Come on, come on.
I'll make it up to you next Christmas.
I promise I will.
Why do you keep saying we'll do things that we never do?
Honey, Daddy's got to do
something really, really important this Christmas, OK?
Why can't I be important too?
- Oh, honey.
Charming.
You still on a couple of dozen of those a day, Pala?
Sex and cigars - the only two luxuries in life!
If you can't have one, you've got to have the other, right?
So when's our boy coming home?
Coming home?
That's good.
Seriously, you have only one shot.
Try and stop the case from going to trial.
And have the charges downgraded from trafficking to possession.
Mmm. How do we do that?
Prepare a submission for the attorney-general
and take it directly to him.
- He calls the shots. - How about we prepare the submission?
- And you take it to the AG?
I thought YOU were the football team
looking for a sideline adviser.
No, no, no, we're the football team looking for a Pele.
A Pele-krishnan.
That's good. That's very good.
So what do you say, Pala?
Lex, I'd like to help, but I can't.
Van, hi, my name's Julian McMahon. This is Lex Lasry.
We're your legal counsel. We're here to represent you.
How you going, Van?
Van, do you understand the seriousness
of the charges that you're facing?
Van?
- Are you aware... - What do you want?
We're here to try and save your life, mate.
Who the fuck is paying for your fees?
No-one. We've taken on the case pro bono.
Which means we're not getting paid.
Bullshit. I know you lawyer types.
You don't fuckin' work for free. Ever.
Van, it's irrelevant what you think of us or our profession, but...
...if you want to entertain the chance of leaving those four walls,
then I suggest you listen to the advice we have to offer.
Advice? Like what?
Well, what would help your case is if it appeared
that you were trying to cooperate
with the Australian Federal Police and the local authorities.
Well, for example, can you tell us any more about the guy who sent you?
This Sun.
Sun...
...is cousin to Moon.
Mate, do you want us to help you or not?
They're friends - Sun and Sky.
Why are you like this? Don't you care what might happen to you?
I'm done here, Julian. I'll tell Kim not to bother coming. She'll be wasting her time.
Sit down, Lex. That'll break her heart.
- Bullshit and fuck you. - What did you say?
You leave my mum out of this.
Well, we can't, mate. She called us. She asked us to help you.
Is she... Is she really coming?
She's waiting to see you.
But you do need to cooperate with us, mate.
His name is not Sun.
OK, what is it?
It's Alan.
His name is Allan.
Pala!
Lex and Julian, two men whose glasses are always half full.
Am I right?
We have just come from visiting our client.
Yes, a young boy who put a packet of heroin on his back
and another through an X-ray machine.
What sort of drug trafficker would ever do that?
Why are you doing this, gentlemen?
- This case is as tough as it can get. - Because he's a kid, Pala.
Stupid? Yes. Wrong? Yes. But that's how kids are.
And now they are going to kill him.
Come on.
- Van?
- Van! Van.
Van! Oh, Van!
Oh, my God.
Gone.
♪ Ave Maria
♪ Gratia
♪ Plena... ♪
Good.
♪ Dominus
♪ Tecum
♪ Benedicta... ♪
Khoa?
Hey, Khoa, open up, mate. I'm not the police.
Who the fuck are you?
I'm your brother's lawyer.
Now, I've spoken to your mother at some length
and I'm just wondering is there...is there anything you can tell me
about Van that might help?
Anything at all.
- Yeah. There's something. - OK. OK, good. Shoot.
He's a fuckin' idiot.
Khoa, your brother is over there sitting in prison, mate.
It's his fault.
Well, he said he was over there
trying to repay debts for your family.
What? No, no, no. He went over there to help himself.
He did it for himself. He didn't have to. No-one told him to.
But he thinks he's the big brother, the hero.
Fix everything up, but up here...
- He's a fuckin' little kid. - So you don't want to help?
Is that it? Is that why you're sitting here doing...
Doing what, huh? Doing what?
Fuck you.
For reasons set out below, it would be appropriate for our client
to be proceeded against only for the offence
of possession of a controlled drug.
Stress possession. Underline it.
OK, what have we got?
We've got, um...well, there's his youth.
He's only 22 years of age.
Immaturity.
Naivety. Lack of life experience. Easily manipulated.
Vulnerability - the one thing the traffickers prey on
when grooming their mules.
Which brings us to point number two.
Personal and family circumstances.
A refugee, single mother with no extended family,
dysfunctional upbringing, stepfather he hardly even knew.
Financial disadvantage. Family struggling to make ends meet.
Compounded by the debt from legal bills
and pressure from loans they couldn't hope to repay.
Even so, no priors or misdemeanours.
In fact, the sheer ineptitude of his trying to conceal the drugs
and his pathetic attempt at playing out his role as a courier
clearly demonstrate that he is no pro.
But he has shown remorse and he's cooperating with the authorities
and hopefully his intel will be of use to the AFP.
Hey, who's there?
Somebody there?
Um...I'm Van.
Van?
Like Toyota, Mitsubishi van, huh?
Yeah. Something like that.
You sound like a boy, man. How old are you?
23.
23? Well, I thought my life was shit.
Hey, who was that singing last night?
Uh...
..it's Sister Elena.
- Who does she sing for? - Everybody.
She sings for everybody lah, to make their spirit go up.
Without her, this place...is a dead place.
Oh, shit. Dead place.
When is she coming round again?
Desmond. Desmond!
What's so urgent?
The submission for the Australian boy.
Possession - we're asking for the charge
to be downgraded from trafficking.
Possession? You know how much he was carrying?
Give him 15, even 20 years, but spare his life, huh?
- It's not my call. - You can twist their arm.
The kid put one packet through the machine
and the other on his back.
I mean, what real drug trafficker would do that?
I'm late for a meeting.
I'll fight this, Desmond. I'm seeing his lawyers in Melbourne next week.
There is nothing to fight, Pala.
I'll fight for this boy.
Come on, darling. Daddy's parked in a no-parking zone.
Again?
Why do you keep...
Because they're cheaper than a car park.
- I think your phone just rang. - Hello?
Julian McMahon! I just saw a tram. Is that what they call it?
Ah, Pala, you're in Melbourne.
Look, I need a stiff drink after that flight.
They stuck me behind a screaming baby.
So are you going to meet me at the Melbourne Royal?
Yeah, yeah, I'm in the city now.
I can see you in the foyer in about half an hour.
Can't wait.
Hey, darling, before we go, home,
Daddy just has to go to a hotel for a quick meeting, OK?
- A hotel? - Yeah.
How many stars is it?
Um...seven.
- Welcome to Melbourne, sir. - Thank you.
Are you here for business or pleasure?
At my age, it's always...
- Pleasure? - I wish.
- Enjoy your drink, sir. - I will.
Daddy, what's happening?
Uh, I'm not sure, darling.
Angie, just wait there for a minute, OK?
- But I want to see too. - No, stay there. Don't move.
Oh, shit!
Daddy...
How is it that their only lawyer who opposes the death penalty
is dead when we need him?
His heart gave out.
His heart? Isn't that a bit too convenient?
We need to find a way around this.
- Can't rely on the legal angle. - Don't believe this has happened.
Julian, he had a heart attack.
- Come on, Lex. - He's dead.
From natural causes.
And we both better believe that
or neither of us will get a sleep tonight.
So, what do we do tomorrow?
Open up the Singaporean Yellow Pages, ring someone and say,
"Excuse me, would you like to take on your own government?"
- That's it, the government. - I'm sorry?
We need someone to challenge their government
and only a government can do that.
With the utmost respect, Minister, we know the Singaporean government
is susceptible to pressure.
Yes, perhaps.
Well, what if we utilise this to our advantage?
Pressure from this government could force them
to reduce the charge from trafficking to possession.
But what kind of pressure are you proposing?
Well, is there any chance of economic sanctions?
It's not as simple as that, Julian.
Economic sanctions could be a classic case
of cutting off your nose to spite your face.
Alright, so what you're saying is we can't risk a relationship
worth billions of dollars in trade
to save the life of a drug trafficker.
I understand your frustration.
But sanctions will only damage our capital interests,
not save Van.
- A lose-lose policy. - What if we sought Van's extradition?
Get him sent home to be punished?
We could argue that he was only in transit in Singapore
and Australia was the intended victim.
I'll see what I can do.
Please.
We can stop this trial, Minister.
Kim! Kim!
Minister.
They've said they must proceed with the trial
on the grounds of trafficking.
Unfortunately, they won't afford the boy any special consideration
just because he's Australian.
Thank you, Minister.
- Hey. - Oh!
You scared the life out of me. What are you still doing up?
You didn't tell me you were gonna take the car.
- I thought I did, I'm sorry. - No.
And I am still trying to ascertain
why you let your 7-year-old daughter see a dead body.
Honey, I was going to meet the man. I found him lying dead in the lobby.
How was I supposed to anticipate that?
- Well, why was she with you anyway? - Yeah, I'm sorry.
When you do give her your time,
does it always have to be tied in with your work?
She knows I'm busy.
She knows you're helping someone, yes.
And she knows that it's very important, yes. But she's seven.
And she has a strong hunch
that this someone is much more important than her.
OK. Yeah.
So what happens now?
Oh, we head over for the trial.
Yeah, I know what you're thinking, but...you never know.
- Joseph. - Sir.
I heard you signed on as legal counsel
to represent the Australian drug trafficker.
Well, someone has to do it, sir.
You have a bright future here, Joseph.
Do you REALLY think you made the right career move
by being known as a man who went against his own country
to represent some foreign scum?
I was taught that everyone is entitled to a defence, sir.
I admire your courage.
I wish you the best for your future.
Thank you, sir.
I ask the accused to stand.
Now I have, since the last hearing...
...given careful thought to the submissions made on your behalf...
...and by prosecution, and have dealt with them in my written judgement.
I do not propose to read or summarise that now.
My decision...
...is that I find you...guilty
on the charge that you face
and I convict you thereof.
The sentence of this court is that you be taken from this place
to a lawful prison...
...then to a place of execution...
...where you will be hanged by the neck until you're dead.
So, um, how are you feeling?
Van, we're gonna appeal your sentence.
Lex is right. This is only the beginning.
Bullshit it's only the beginning.
When are you gonna start being honest with me?
- Listen, mate... - No, look, I'm done listening.
I've been talking to the guys in my block.
And you want me to tell you how many condemned
have gotten off death row in the past 10 years?
This many.
So don't you tell me that this is only the beginning,
'cause I know what my chances are.
More images have been published in the US
showing abuse of Iraqi prisoners.
Returning to our top story, the young Australian Van Nguyen
has been sentenced to death
following the loss of yesterday's trial at Singapore's high court.
The 23-year-old Nguyen from Brandon Park
was convicted of trafficking nearly 400g of heroin
through Singapore's Changi Airport in December, 2002.
His lawyers have said they'll appeal the decision.
- We have a date. - Hmm? When?
- Three months time. - Oh, great.
That'll give us time to nut out the errors in this judgement.
Julian, it's 9:30.
Last I heard, you had a wife and a child.
- Hello?
Uh, Julian McMahon?
- Yes, come in. - You're Van's lawyer.
We both are. This is Lex Lasry.
Kim told me that you would still be here.
I'm sorry. My name's Kelly.
I was a school friend of Van's.
He used to eat my leftover sandwiches.
Uh...OK.
I was just wondering, is there any way I can help him?
It's all somehow linked, Sister.
With your book?
My lawyer gave it to me.
The author, Thomas More, he wrote it just before his execution.
The sadness of Christ.
But the light that I keep seeing...
...I saw it again that night.
- When? - When you sung A ve Maria.
Yes.
I think...
...there's a reason why I'm here.
- In prison? - I don't know what it is.
But I want to find out.
- How do I find out? - I'm not sure.
But there is something you can try.
Bernadette?
"At Pop's. Food in fridge."
Great.
God...
...Lord...
...God...
I...I hope my bro is OK.
And my mum.
And...
...and I'm sorry.
I'm sorry.
I'm just so sorry.
I'm sorry.
So sorry.
- Hello? - Julian, it's Joseph Theseira here.
Joseph, good to hear from you.
Julian, I've been going through these trial transcripts
and I think I've found an angle.
Go ahead. Make my day.
Have you got the files in front of you there?
Yeah, yeah.
Turn to page 69,
paragraph seven,
subsection B.
You will see when Lau first weighed those two packets of diamorphine,
they weighed 381g and 380g respectively.
Yeah.
Now, turn to page 185, paragraph three,
subsection A.
- Holy shit.
"At 1:03 on the night of Van's arrest,
"Assistant Superintendent Lau weighed the drugs.
"The first packet, marked A, had a weight of 381g.
"The second packet, B, a weight of 380g.
"He should have sealed both packets immediately after he weighed them.
"But instead, he left the drugs on his desk
"and 50 minutes later, at 1:55,
"he finally locked them up in his private cabinet.
"Despite CNB having a store where drug exhibits are properly kept,
"Lau kept the unsealed drugs in his own private cabinet,
"until 11 that day when he finally removed and sealed them.
"He handed them over to Dr Lee Tong
"for analysis at 11:40,
"some 10 hours after he received them.
"But when Dr Lee weighed the drugs, the weights recorded
"were 360g for packet A and 370g for packet B."
Which begs the question - why the difference in weights measured
by Inspector Lau and Dr Lee?
They broke the chain of evidence. Brilliant.
There's our grounds for appeal.
One was 10g lighter. The other was 20g lighter.
How is that possible?
Do we even know if the heroin Dr Lee analysed
was the same heroin Van carried with him?
Because of the different weights of the drugs,
and the amount of time it took for the analysis to be done,
the drugs may have been tampered with.
Or, for all we know,
they could be completely different drugs altogether.
Finally, when our client was interviewed after his arrest
and made statements admitting his guilt,
these statements should not have been used against him at trial.
Our client was an Australian citizen who was not asked
if he would like to speak to the Australian Consulate.
He was not asked if he wanted legal advice.
And he was not told he did not have to answer any question
which may incriminate him.
Therefore, we submit that all statements made by our client
were made in breach of Article 36 of the Vienna Convention
on consular relations to which Singapore is bound.
In light of the above, it is unsafe to convict our client
of the said charge
and he must immediately be acquitted.
Van, going home?
Jie Jie. Hey.
Hello.
Jie Jie.
Hey, it's gonna be alright.
It's gonna be alright.
You're on death row.
You idiot.
It's not alright.
There's only...
Shh.
Heroin.
What were you doing, Van?
Heroin.
I'm sorry.
You're a shit. You know that.
You know what my parents, my family, have been saying?
You know what it means in our community
that my friend is a drug trafficker.
Why Van?
You don't know?
We're sitting here, you don't know why?
I'm so sorry.
What are you gonna do?
We've appealed.
It's looking good.
Are you OK?
Do you need anything?
So what are you doing here all day?
You wouldn't believe me if I told you.
I could imagine.
No, you really couldn't.
I heard you were feeling good.
So when are you leaving us?
I'm not going anywhere until you teach me how to jet ski.
You heard.
She told me you were a champion jet skier, is that true?
What else did she say?
That you represented your country.
Just a few times now.
And then you got caught with a kilo of marijuana in your bike.
Hey, you still there?
For you, Van, always.
Did you ever get to go, um...
America?
Caloosahatchee River, Florida.
World Jet Ski Championships.
Man, all this time I never knew I was living next door to a celebrity.
Best river to jet ski you can get.
The sun shining on your back.
Water splashing every part of your body.
One day you and me, boy, on the jet ski.
I can just see it.
You know, the two of us just racing down the river.
And the sun and the water.
And after that, we both go back
for a massive Vietnamese meal
in my mum's new house...
...the one that I just bought for her.
I'd like that.
Small boy, I'm gonna miss you, man.
Bro, I'm gonna miss you too.
I'm going to miss you.
What?
Hey, what did you say?
Hey! What did you say?
No!
- Small boy, see you again.
No.
Oh, no.
Be strong, bro.
- No! - Be strong, brother!
Be strong, bro.
Ah!
Be strong!
Oh!
I'll see you in Florida!
The s...the sun, the wi...
That's where we're gonna... That's where we're gonna be.
Ah!
Daddy?
Hey, honey. What are you doing up?
Are you off again?
Yeah. Wish me luck?
Will they tell you if you're gonna lose?
Yeah.
Want me to come with you?
Oh, darlin', no, I'll be alright.
You gotta stay here and look after Mummy, OK?
Ohh, good girl.
Now, you got to sleep, alright?
Go on.
In our judgement,
what is crucially important is to ensure
that there has been no mixing of the drug exhibits
or tampering of their contents.
There is no suggestion of mixing or tampering.
The crucial fact is that the two packages remained in the custody
and control of Inspector Lau through all the material times.
We therefore agree that the integrity
and identity of drug exhibits
had not been compromised at any stage.
The appellant, an Australian national of Vietnamese origin,
aged 24, was convicted of the capital charge
of importing into Singapore
396.2 grams of extracted heroin without authorisation.
His appeal is against both the conviction
and the sentence of death.
His appeal is hereby dismissed.
Oh, my God.
The sentence of death shall stand.
In any other First World country,
this case would have been thrown out of court.
If there's that much discrepancy in the weight of the drugs,
they're fucked!
It makes no sense.
He wasn't even bringing drugs into this country.
He was in transit.
Didn't have the potential to harm a single soul of theirs.
Now they're gonna kill him.
No. No, they won't.
Julian, we'll keep fighting,
but we have to brace ourselves for the real possibility that...
No, we are not gonna fuckin' let him die.
Tough day.
Yeah.
How you holding up?
You know, Julian...
...I realised I never said, "Thank you."
Oh, don't, mate.
For what everyone...
...you, have done for me.
We're not gonna give up, mate. Um...
We're going to petition the President directly for clemency.
Uh...
So I need you to write him a letter and...
Julian, stop.
I'm OK.
I finished reading your book.
"Yea, though I walk through valley of the shadow of death...
"...I will fear no evil...
"...for thou art with me."
Yes.
Hey.
I'm not gonna give up on you...
...you little punk.
Subtitles SBS Australia 2013