Underbelly: A Case Study in Cultural Production Anne Elizabeth Ferguson Bachelor Communication Bachelor Arts (Hons) School of Criminology and Criminal Justice Arts, Education Law Griffith University Submitted in fulfilment of the requirements of the degree of Doctor of Philosophy Submitted for examination May 2016 Synopsis Based loosely on the events which occurred in Melbourne during the period 1995-2004, Underbelly retold the story of how and why a gang war was carried out on Melbourne streets. It also told the story of why Task Force Purana was formed to bring the gang war to an end. Being scheduled for broadcast concurrently with the R v A trial, Underbelly raised concerns about the judicial process, namely the rights of the accused to a fair trial, free from external interference. I am not aware, nor was the Victorian judiciary, of the scheduling of any other television crime mini-series which had coincided with a trial. Melbournians were frequently subjected to the real events of the capital city’s gangland war which were widely reported in various newspapers, and which were broadcast on television, radio and the internet where viewers were confronted with gruesome images of victims. Capitalising on the popularity of such news stories were numerous books such as Big Shots (Shand, 2007a), Leadbelly (Silvester and Rule, 2004) and Underbelly (Silvester and Rule, 2008), still in print at the time of Underbelly’s broadcast and available to Victorians even when the series was banned. The news items and books informed the public about the controversial lives of those who chose to live outside societal norms. Yet these books were not censored or withdrawn from circulation before, during or even after any of the gangland murder trials, unlike the Underbelly television series. This thesis investigates the way in which "faction" (a term explained in the thesis document) of real crime in the television crime drama genre poses a problem for the trial process, when police technical consultants play a major role in the story telling process. While cultural producers hope the promise of fact (Paget, 1990) will ensure audiences will engage with the work, there is a reliance on the audiences to make the right connection to the created reality - yet they may have no previous knowledge of the events and people being portrayed. Resulting in, the specialised knowledge of police technical consultants providing the details necessary for understanding and representing a story about policing and criminality through police lenses. 2 While there have been a number of studies(Nelson, 2001; Lipkin, Paget and Roscoe, 2006; Jewkes, 2015) which have taken the final product (e.g., a television show, a film, etc.) as the starting point for their analysis, in recent times Lam(2011;2013) and Colbran(2011;2014) have undertaken work into the production phase of crime television drama. Similarly to Lam and Colbran’s work this thesis looks at the production of television crime drama through the case study of Underbelly. By drawing on the relevant literature and qualitative research this study investigates how police have now become the primary definers of reality and the problems this has created when producing a contemporary television crime drama such as Underbelly. Underbelly did not strictly adhere to any one generic code; instead it drew inspiration from a number of generic treatments such as sensational fiction, melodrama, drama, documentary and faction, as a way to entice audiences to tune in every week for thirteen episodes. Instead, by drawing from the various elements of many different generic forms, Underbelly always had the potential to sit outside any one recognised generic category. Therefore, Underbelly provides an opportunity to further develop our understanding of factional genres - and not just as a form of entertainment. Not only can audiences relate the factional work to a journalistic story, the production could trigger memories/emotions of events and characters. Paget refers to this as “folk memory” which is easily triggered by alluding to news and current affairs making it a “trump card” for both production houses and networks (Paget, 2011, p. 215). By attempting to add sensationalism and melodrama to recreate the realism of the Melbourne events of 1995-2004, Underbelly was considered by Her Honour Victorian Supreme Court Justice King and the Victorian Court of Appeal as being too realistic for the Melbourne public, who had the potential to become jurors. This study concerns itself with its effect on the judiciary and also recognises the problems the cultural producers, especially television producers of factional crime, can encounter. Therefore, this project is significant in relation to both Australian cultural production and the judicial process, because the suppression of Underbelly in Victoria in 2008 highlights the challenges, even as it points to repercussions for the television industry and creative works focused on contemporary issues. 3 In examining the process of Underbelly’s production, this thesis draws attention to how what might have once been just a sensational news story is now the basis for television drama and how programs of this kind can offer a new sort of media based challenge to a defendant’s right to a fair trial. 4 Statement of Originality This work has not previously been submitted for a degree or diploma in any university. To the best of my knowledge and belief, the thesis contains no material previously published or written by another person except where due reference is made in the thesis itself. Name: Anne Elizabeth Ferguson Date: 06 May 2016 …5… Statement of Acknowledgment I would like to sincerely thank the following people who have made this journey possible. Firstly I would like to thank my supervisors, Dr Catrin (Kate) Smith, Dr Amanda Howell and Associate Professor Sarah Baker. These amazing women have gone above and beyond their roles in supporting and encouraging me to complete this thesis. Additionally, I would like to thank others who have at one time been part of my supervision team, Dr Kerrie-Anne Foxwell-Norton and Dr Lillian Corbin. Thanks also to the School of Criminology and Criminal Justice, especially the Head of School, Dr Anna Stewart, for all the support I have received even when times were tough. Also thanks to the School administration staff, especially Meredith Stewart and Angie Signorini, with whom I have laughed and cried many times. I would also like to thank the Griffith University Disability Team, especially Judy Hartley, Sharon Garside and Melissa Wortel, who have helped me work through the many difficult and frustrating situations I have faced along the way. I would also like to thank the following for allowing me to present my work: Making a Killing: The Sociology of Celebrity and the Case of Melbourne’s Criminal Underworld, TASA Conference, “Reimagining Sociology” University of Melbourne, 2008. Fair Trial in a New Communications Environment, ISJR 12th International Conference, Flinders University, South Australia, 2008. Black Tears a Black Day for Music, IASPM-ANZ Conference, Griffith University, Brisbane, 2009. Watching Underbelly: The Case of the Audience, CPCI Post Graduate Symposium, Griffith University, 2010. Underworld Fact, Underbelly Fiction: Producing Factionalised Television from Melbourne’s Gangland War, CSAA Conference, Byron Bay, 2010. …6… Underbelly: Factional Television Under the Microscope, ANZCA Conference, “Communication on the Edge: Shifting boundaries and Identities” The University of Waikato, Hamilton, New Zealand, 2011. Underbelly: The Real Deal or Just Another Story? PopCAANZ Conference, Auckland, New Zealand, 2011. And also the following pending publications: Ferguson, A. (2016). Where Did It All Go Wrong? Ethical Dilemmas of a Murdered Research Participant. In C. McMaster, I. Mewburn, & B. Whitburn (Eds.), Surviving the PHD. Two Bays Publishing, New Zealand. Ferguson, A., & Howell, A. (2016). Underbelly’s Adaptation: Real Events, Real People, Real Challenges. Journal of Writing and Writing Courses, October [Crime fiction and the Creative/Critical Nexus]. In addition, I would like to thank Seeing Eye Dogs Australia (SEDA) for giving me the ability to do what I do by giving me the gift of Perry and now Wendy. More importantly I need to thank Phil and Ben Brocklehurst for always being there and going above and beyond their roles. I would also like to thank Dr Christopher Bowman and Gillian Warry for the time they have spent editing my work. And a big thanks to my respondents who very graciously allowed me time and access to their lives on more than one occasion. Without them this thesis would not have been possible. Although I lost both parents during this PhD journey, I must give them credit for always being there, and I know they still are. Finally, I must thank my long suffering family who have seen and helped me through the tears, the joy and the frustration. They have reminded me that it isn’t just my PhD, it’s theirs too because I could not have done what I have done without them, so thanks Doug, Jesse and Daniel for never giving up on me. …7… Signed Date 06 May 2016 …8… Table of Contents Synopsis ....................................................................................................................... 2 Statement of Originality ............................................................................................. 5 Statement of Acknowledgment .................................................................................