Judge John Deed (2001) s01e01 Episode Script

No! No, leave me alone! Come on, woman! No! I've seen him before! - No! I've seen him before! What? Oh, Gilly.
- How are you? - We I wondered You know, you were going at it a bit.
Oh, that's nice.
Not a lot bother nowadays.
- Is Natalie all right? - She's fine.
We're having a bit of a domestic.
Do you want to come in? No.
No, I won't interfere.
You know what I'm gonna do? No man's ever gonna look at you again.
Will the foreman please stand? Have you reached a verdict upon which you are all agreed? We have.
On this indictment that Alec Baylis did on various occasions between the 13th of June and 19th of November last year rape Emily Bowen, a patient in his care at Aldridge Nursing Home, do you find him guilty or not guilty? Not guilty.
You find the defendant not guilty.
Is that the verdict of you all? Yes.
Not guilty? I see.
You're free to go.
I can see why you might want to scurry away after your client, Mr Machin.
I don't identify with the client, my lord.
Of course.
Our adversarial system doesn't always best serve the public, you know.
Here it went seriously wrong.
You are a clever and a skilful advocate.
No doubt you have a great future at the bar.
I'm sure you and I will cross swords again.
I wouldn't lose sleep over that horrible man, Judge.
The police have more charges of sexual abuse in the pipeline.
Good.
Is this so the Lord Chancellor can spy on us? Mr Justice Nivan has a big terrorism case.
Right.
They come on when the building's empty, my lord.
And you can override the system yourself.
Like this.
Okay? Deputy Assistant Commissioner Colemore rang, sir.
He said he might be a few minutes late.
Hello.
Yeah, I'm well, thank you.
And you? Good.
Tonic water, please.
Must be the malarial mosquitoes.
The quinine.
They no longer put quinine in it.
We know each other, don't we? - John Deed.
- I know who you are.
We haven't met.
- You a lawyer? - No.
I sometimes work for the Probation Service, but actually I'm a publisher.
Ah.
Lucky readers.
That's not the sort of publishing I'm in.
- Are you going to give me a clue? - No.
We have so much in common.
A liking for straight tonic water is hardly the basis for a lasting friendship.
Well, it's a start.
That smile could change the world.
I think you're making me blush.
Would it make you blush if I asked you to have dinner? - I'm waiting for someone.
- So am I.
We could leave them to have dinner.
I don't think my husband would be amused.
Very well, there you are.
Yes.
- What did he want? - Oh, we have a mutual liking for tonic water.
Is that why you gave him your card? Were you spying, Ian? I asked him if he'd like to write a piece about the problems of interpreting the law in the context of the Human Rights Act.
I'll have the department find you someone more reliable.
I'm not sure I want reliable.
It can't be murder you want me to do, Row.
It's a much smaller favour.
There's a Section 20 coming up for sentencing.
Might you dig it out? Are you asking me as a friend or as a Deputy Assistant Commissioner? He pleaded to it, presumably? It's domestic violence.
The police shouldn't involve themselves at all.
Wives are citizens, too, Row.
No, the problem is they make lousy witnesses.
As you know, most won't give evidence against their husbands.
Why are you involved? He's a police informant.
He must be a pretty important one for you to approach me.
- This one works for MI5.
- Ah! Do we know the details? I see.
Well, it's usually a brown envelope job.
The senior policeman slips the judge the details, which he reads but doesn't refer to it in sentencing.
MI5 want him to walk, John.
Well, that would depend on the circumstances.
Well, he put his hand up.
He pleaded guilty.
That would help.
He is very important, John.
Okay.
The main question would be "Will he beat his wife again?" - You're missing the point.
- No.
It's not my bag, Row.
Purple judges deal with sentencing.
Chummy could expect two years for that kind of offence.
How can I persuade you to get involved? You could try an exceptional dinner.
Mr Children, there's a Section 20 in the list for sentencing.
I could deal with it now.
It's been assigned to Judge Home, my lord.
Do we know why he's pleading guilty? The wife's the chief prosecution witness.
The CPS says she's not reliable.
They can't run her.
All the more reason for him not to plead guilty.
It was reduced from a Section 18, my lord.
Oh, was it? - Do you have a particular interest, my lord? - No.
I'm sure Judge Home will deal with it.
I have a very sensitive date rape that needs looking at, my lord.
Judge Home, I'm John Deed.
Oh, yes.
I know who you are.
- Where are you up to? - Seven down, M something N.
Minaret.
There's a Section 20 in the list for sentencing.
Would you like me to hear it? Red judges don't normally hear cases for sentencing.
It would be very helpful to the state if this man walked.
- Who've we drawn? - Mr Justice Deed.
Lightning can't strike in the same place twice.
- He interferes a lot but we could do worse.
- Not me.
We recently had a spat.
If my client gets less than 15 years, it'll be a result.
That's what I expect.
Jo Mills, I'm prosecuting.
Tim Collier, Paul Bailey and Colin Gee, you are jointly charged on count one of this indictment with rape, contrary to Section I, Subsection I of the Sexual Offences Act 1956.
The particulars of the offence are that on February 14th you had sexual intercourse with Carol Gainer without her consent, and knowing she did not consent.
How do you plead? Guilty or not guilty? - Tim Collier? - Not guilty.
It's outrageous.
- Paul Bailey? - Same as him.
Absolutely.
Take your hands out of your pockets.
Just respond to the charge.
Not guilty? Absolutely, sir.
Colin Gee? Not guilty.
On the second count of this indictment, you are charged with administering a stupefying substance, namely Rohypnol, contrary to Section 22 of the Offences Against The Person Act Who is for the first defendant? Oh, Mr Machin, we meet again.
And so soon.
With a clean slate I trust, my lord.
Ready to open, Mrs Mills? Might I request reporting restrictions remain in place to protect the complainant's anonymity? My lord, the defendants have no anonymity and as such are denied a fair trial as set out in the European Convention on Human Rights, Article 6.
You're quite right, Mr Machin, but Article 10 of the same convention guarantees freedom of expression.
This case is going to be troublesome.
I can see how Machin is going to run his defence.
I'm not sure if I don't support him.
Especially since the Home Office has emasculated most of the defendants' rights in rape cases.
Unless someone helps these women, men will get away with murder.
Bad law don't make for good justice.
That attitude doesn't help anyone.
Oh, I'm sorry, my lord.
No idea you felt so strongly, Coop.
I shouldn't have spoken.
I'm sorry.
Did something happen to you? A friend of mine.
We were in the Army, my lord.
She was raped.
She never got over it.
Was the perp caught? He was.
Maureen wasn't able to give evidence.
Oh, I'm sorry, Coop.
It still doesn't do to distort the law.
I'll get you a coffee and a sandwich, my lord.
Coop.
I do still prefer Judge.
Dr Spazmani.
From your physical examination of the alleged rape victim, did you form an opinion as to how often she had had sex? On the night of the rape? The alleged rape, Doctor.
No, that might overburden the medical research.
In general.
- My lord.
- Yes.
Mr Machin, under Section 41 of the Youth Justice and Criminal Evidence Act 1999, you can't run this defence without leave.
You know the provisions.
You can only ask about the defendant's alleged sexual experience with the victim.
My lord, I would like to make a submission in the absence of the jury.
Thought you might.
I suspect you'll be going out quite often, if you wouldn't mind for now.
Well, we do seek leave to introduce the sexual experiences of the complainant by other than the defendants.
Our research shows that, to put not too fine a point on it, the complainant was easy meat.
You cannot give leave, if the defence are now running as consent.
We're arguing that as the complainant was offering herself to all and sundry on the night in question, as witnesses will show she did on numerous other occasions, the defendants would have no possible need to drug and rape her.
I'm going to allow your submission.
I think not to do so would render any conviction unsafe.
But stray over the margins and I'll hit you like a runaway train.
Let's have the jury back.
- Is this a woman who had sex often? - Oh, there's no way I could tell that, sir.
- Well, she wasn't a virgin? - No.
You agree she enjoyed a healthy sex life? You've had your answer, Mr Machin, now move on.
Doctor, was there any sign of the alleged drug in the woman's body after the alleged rape? No.
That's not unusual with Rohypnol I don't want a commentary, Doctor.
There was none of this drug in the woman's body? No.
Remind the jury why this drug wasn't found? Its distillution crystals help flush it through the kidneys.
Because you're not drowsy or groggy during the period of recovery, you have no conscious memory of it.
So the drug takes you directly from unconscious to wide awake? Exactly.
We only remember when our deep subconscious is brought through in the semiconscious or groggy states.
So she might just as easily have not been given the drug? Yes, my lord.
There is no way of knowing.
Doctor, the other conspicuously vague piece of evidence my learned colleague examined you on was the contents of the vagina.
You found the presence of blood type O semen.
But as two of the accused rapists are blood type O, as were probably half the men in the club that night, in theory, she could've had sex with any one of them.
Is that a question, Mr Machin? I'm working up to it.
Doctor, is there any evidence to suggest that it couldn't have been any one or more of the majority of O blood types in the club that night that had sex with Carol Gainer? Well, that isn't my concern as the medical examiner.
Please answer the question, Doctor.
No.
I believe you made other tests, which the prosecution conspicuously failed to mention? Yes, we ran DNA tests.
Well, we all know how accurate DNA tests are, Doctor, so tell us, as Mrs Mills failed to do so, what the results showed? There was no DNA match with the defendants.
Why is that, in your opinion, Doctor? Did the robust DNA give a false reading? I don't know.
Perhaps they wore condoms.
My lord, I would like the jury instructed to disregard this facetious speculation.
Well, you invited an opinion from an expert witness, you got it.
My lord, we intend calling Carol Gainer next.
She's having problems going into the witness box.
Might we have a short adjournment? My lord, the defendants have had this hanging over them for four months.
Now is the moment of truth for their accuser.
It is something I have to consider, Mrs Mills.
She could give evidence over a video link, if it helps.
She would like to try to give evidence in person.
How long might you need? Well, she's very nervous of the defendants.
Well, I'm reluctant to become a hostage to her nerves.
The very principal of our judicial system is that the defendants have the opportunity to face their accuser.
I think, in view of the hour, Mrs Mills, it might be a sensible time to adjourn till the morning.
Come in.
My lord, I'm sorry to bother you.
The Section 20, the wife beater you were after, has come free.
I thought Judge Home was dealing with it? He's hearing a protracted legal argument.
I don't think I really want it.
They are awaiting a disposal today.
We'd be most grateful to Your Lordship.
Very well.
Having heard the mitigation, for what it's worth, are there exceptional circumstances why Mr Abbott should not go to prison? Beating his wife notwithstanding, he can't be all bad.
Mr Abbott, what do you say? I'm very, very sorry for what I did.
I had been drinking.
But that's no excuse for it.
It's a start.
I would like to hear from somebody else.
I'm Inspector Troy Martin, my lord.
I was the charging officer.
The defendant was helpful and cooperated fully.
He was clearly full of remorse.
This was after he'd sobered up? My lord? Mr Abbott said he'd been drinking.
I don't know.
He wasn't drunk when I saw him at the station.
The police don't often respond to domestic violence, do they, Inspector? We try to police all crime according to the priorities.
As Your Lordship knows, we're not bound to prosecute.
A bit of domestic isn't high priority? Most of it's husbands and wives fighting when they've been drinking.
When the wife gets a bashing, and the police don't arrive in time to stop it.
We do stop a lot of it, my lord.
Hmm.
What were the circumstances of your involvement with Mr Abbott? We were called to the hospital by the A&E doctor who treated Mrs Abbott.
And Mr Abbott was giving comfort, now sober.
It wasn't me who went to the hospital.
Then it might have been more sensible to have the person here who did.
Was Mrs Abbott hospitalised? Doesn't anyone know? I don't seem to have any medical notes for her Yes, she was, sir.
To my unending shame.
You're making the right noises for the court to deal with you in an appropriate way, Mr Abbott.
Oh, God.
I'd better see some reports.
I'll adjourn sentencing until I do.
My lord, if it could be disposed of now? No.
I'm afraid it can't, Mr Maudling.
All rise.
I'm amazed you spend so much time here, Row.
I was in the county liaising.
John, I thought he was walking.
I've assured people he was.
It's minor domestic, it makes no difference to anyone.
Not even his wife? If I'm to let him walk, I need to find exceptional circumstances.
I'm sure you don't want it mentioned in court that he's an exceptionally important snitch.
Good afternoon, Sir Ian Rochester, please.
It's Row Colemore.
I assume the day didn't go well? It's not working with John Deed, - I'm surprised you thought it would, Row.
- He's a friend.
I'm afraid I can't influence him, Look, can we get the case in front of another judge? Abbott's not effective with this over him, Short of a major accident, not even the Lord Chancellor could take the case away from him.
We need to find a way to outmanoeuvre Deed.
Miss Gainer, if you feel you have to stop, or you need help with anything, you please let me know.
In your own time, Miss Gainer, will you tell us what happened to you on the night of February the 14th? I was supposed to meet a friend outside the Blue Haze club at 10:00.
But she didn't show up.
But I went in anyway.
I knew Rock who looked after the door, so I knew I'd see someone I know in there.
And my friend's brother Tim was there with the others.
Which others? Can you identify them? Paul and Colin.
- How well did you know these men? - I only knew Tim.
He'd asked me out a few times.
Fat chance.
If you as much as utter another sound during this testimony you'll be downstairs before you draw your second breath, so button it.
He thought he was it.
You know, but talking to someone is better than being on your own.
The other two were okay.
Colin was quiet and nice.
When he said something sweet, Tim would make a crack.
Did you accept drinks off these men, Miss Gainer? My lord.
Mrs Mills, you know better than to lead the witness.
Miss Gainer, did you have any drinks that evening? Yes, I had a few.
- Did you buy them for yourself? - No, they wouldn't let me.
That's Just because they bought me drinks doesn't mean they could do what they did.
Can you tell us how many drinks they bought you? Um about three or four.
Were you at the bar all the while? No.
It's a dance club, so we danced.
I danced with all three of them.
- Together or separately? - Well, both.
It was after the third drink that I started to feel a bit funny.
I'd been dancing with Colin, then we went back to the bar and I finished my drink.
And then I just needed some air.
Um Sorry.
So Tim offered to take me outside, um then I woke up in the back of Colin's car with hardly any clothes on.
Where were the three defendants? Colin was trying to get He was trying to get clothes on me but the other two were outside kicking a lager can.
Um Colin kept saying that nothing happened.
That they didn't do anything.
He volunteered that? Yeah.
But I knew that it had, what they'd done.
Um Tim got angry and he was saying that I got hot and threw my clothes off, then passed out.
- Did he say for how long you were out? - No, they kept changing the time, and laughing at me and saying that nothing happened.
But I know that it did.
Um because I hurt down there.
Well, I just felt really weird.
Like I don't know.
I just felt weird.
Isn't the truth of this situation that you asked them for sex and they turned you down? No.
Isn't that why you hang out with Jenny Collier, to get to her brother? No! Didn't Jenny Collier tell you repeatedly you wouldn't pull her brother? No, that's not true.
How many times did you have sex that night? I don't know.
Ask them! Didn't you in fact agree and overdo it, even for your own voracious appetite? Didn't you in fact feel self-loathing and disgust and pick on these three chumps in order to assuage your own feeling? That is not true! I didn't go with anyone else.
Can you even count the number of men you've been with? - My lord - It's enough, Mr Machin.
My lord, my client is innocent, as are his co-defendants.
This witness is a fantasist.
Okay.
Would the jury go out, please? I let that go on, hoping you'd show some regard for the witness's sensibilities.
She's shown none for my clients.
And how did you find those, Mr Machin? With a pickaxe? Under the Human Rights Act, we must be allowed to represent our clients.
In my court, counsel does that with reasonable regard to a vulnerable witness.
Not by hectoring and badgering.
If you can't constrain yourself, let one of the others lead.
Now, get out.
Get yourself a cup of tea.
I know I need one.
- Look, even for him he's getting quite tetchy.
- I'm really getting to him.
We'll have this on a retrial if he keeps interrupting.
Judge, the Section 20 is being hawked around the other judges.
He can't do that.
Tell the List Clerk I want to see him.
No, I'll do it myself.
- Where's the Listing Clerk? - He's been taken ill, my lord.
He'll be a permanent invalid when I've done with him.
- Is he canvassing a case I've started? - I would hope not, my lord.
He just felt that domestic violence for sentencing wasn't worthy of your superior mind.
Well, it's getting it.
This is a gross lapse in etiquette.
I'll talk to the Circuit President.
Aren't you making a fuss about nothing, John? No, there's a principle at stake, that nobody can take a case once I've started.
I find it easier to let these people organise the work.
Well, we did, Michael.
We let them organise the digs and the food's inedible.
I'm sure you're right.
- I'm only going for a drink.
- Is that wise, my lord? Come on, Stephen.
One's not gonna hurt me.
You can't.
You're on duty.
Give me the keys.
That was quick.
I hope it's my call you were waiting for.
It's John Deed.
Yes, I don't know anyone else as confident, Is that good or bad? Not necessarily bad, Would you like to have dinner with me? Or a drink? - I'm not sure if I should, - I'm certain you should.
My lord? The Lord Chancellor asked me to have a word.
You must stop resisting your security personnel.
- Why, with all these cameras watching us? - It's for your own safety, Sir John.
- Is this an official warning, Sir Ian? - That would be for the Lord Chancellor.
But I am at a loss to know why you're so keen on this Section 20.
You know as well as I do what's going on.
I have to find just cause for a non-custodial sentence.
That would save a lot of red faces my lord.
I still don't have the papers I asked for.
Enough time has elapsed for them to have arrived.
They seem to be lost, my lord.
Then how will Mr Abbott get a fair hearing? The defendant has pleaded guilty.
Then how will I arrive at an appropriate sentence? Or will you tell me? No one thought we'd need the papers.
I said yesterday I wanted the papers.
I have another case.
I want everyone to remain in the vicinity of the court to be called back the moment they are found.
Then we will settle Mr Abbott's sentence.
Are you all right, Judge? Have you read the papers in the Abbott case? Oh, word is he did some awful things to his wife.
You do wonder about people.
I want counsel in here when we resume with the Abbott trial, Coop.
My lord, the main witness for the prosecution is not yet fully recovered.
Might we extend the adjournment in the hope that she will recover? Is there a reasonable chance of that? The doctor sedated her.
I'm afraid it's causing as many problems as it's solving, my lord.
Very well.
I'll adjourn until 10 tomorrow morning.
Then we will have to take a view about the witness and whether she can continue.
Till the morning.
All rise! - John, are they here? - Double or quits the case collapses tomorrow.
His Lordship would like to see you in chambers.
It would've saved more time if I'd had the papers from the start.
I have to ask if this is an appropriate case for a guilty plea to be entered? The CPS feels it's appropriate, my lord.
They seen the papers? Or were they told they were lost? They thought it would be a reasonable result in the circumstances.
- Mrs Abbott is not a reliable witness.
- You surprise me, Mr Brett-Smith.
How do you think you'd fare if you'd been held down, beaten with an iron bar and had boiling water poured on your crotch? Or possibly the man is not guilty, on the grounds of automatism.
Why don't we test him in court on the original Section 18 charge in the indictment? My lord, the CPS must determine the charge.
- Then go and do it.
- But, my lord, it's been done.
- The prosecution is content with the plea.
- I'm not.
Go look at it again.
John.
With such volume going through the courts, how do you suppose the system would cope without plea bargaining? Hasn't the Attorney General issued guidelines that plea bargaining shouldn't happen? It only happens in instances where justice isn't likely to be compromised.
How and in what form cases reach the judge should not concern the judge.
Shame on you, Ian, for taking such a narrow view.
It should be a matter of concern to all judges.
If judges took a more rigorous approach there'd be fewer miscarriages of justice.
If you persist in this, it could blight your career like no other.
I'll take that chance.
What is it that you want, man? - A display that says you're in charge? - I am in charge.
I will ensure justice is done.
It's hoped you won't send this man to prison.
There's something bigger at stake here.
There is nothing bigger than a just outcome.
Aren't you being politically naive, Sir John? No, I'm resisting political interference from the Executive.
Have you seen the injuries that woman sustained? Of course not.
Why would I? I cannot in all conscience allow the perpetrator to walk unquestioned.
I don't believe you don't realise you can't change the charge at this late stage.
- I want to examine all of the evidence.
- You can't, and there's an end to it.
I didn't realise you were so dangerous.
Will that make you more likely or less likely to have dinner with me? I'd best rescue Ian in case he hits someone.
Excuse me.
Ah, John.
I've had an email, the Lord Chancellor's office, asking me to persuade you to release the Section 20 unless you proceed to sentence.
- Did the Lord Chancellor sign it? - I suspect it came from Sir Ian Rochester.
Are you gonna persuade me? Would you be persuaded? Like you, I take the view that the Executive mustn't interfere.
The department are afraid that you're going to be setting a precedent as to what charge can or cannot be brought.
They're trying to erode the right of a judge to examine those charges so we can ensure a just outcome.
They want the whole question in the hands of the CPS.
There are political reasons why this man should walk.
The CPS is politically compromised.
You're an idealist, John.
That terrifies them.
Miss Gainer, you stated you felt strange after your third drink at the club that night.
- How many had you had before that? - Two or three.
So, in fact, you felt a little strange after your sixth Bacardi Breezer.
And the next thing you knew, you were in Colin Gee's car, scantily dressed with Mr Gee trying to get you back into your kit.
Yes, that's what happened.
It did.
With no single shred of evidence to support what you say.
Why should people believe your version over three young men we presume are as truthful as you? - They put a drug in my drink.
- But there's no evidence for that.
Just your word.
By your own admission you're a very frequent flyer, isn't that so? But I didn't do anything wrong.
You approached Tim in the club that night.
Meeting his sister was just a ploy.
- No, we were supposed to meet.
- She's not a prosecution witness, why is that? I don't know.
She's Tim's sister.
Does that mean she wouldn't tell the truth? We was going to meet.
Isn't it true, Miss Gainer, that you've been after lassoing Tim Collier for a long while? - No.
- You're a sexual predator who preys on men and when you couldn't get this particular man, you concocted this fantasy.
- No! - You're prepared to ruin this young man's life, and two besides, because you didn't get it on.
- No! No! - Yes! Yes! - Yes! - Enough, Mr Machin.
- You'd do anything for sex.
- Mr Machin! Will the jury go out, please? My lord, because this witness is vulnerable, it doesn't make her right.
You scarcely allow her to answer your questions, if they are questions at all.
The fact is she hasn't got answers.
Is it time to call it a day, Mrs Mills? Miss Gainer wants to see it through.
Is she able to without greater damage? She realises she's not the best witness, but she still has a right to be heard.
- My lord - It might take a long time, but then, justice shouldn't have time constraints.
I'll adjourn until after lunch to give her time to recover.
- Are you directing me to go easy? - Don't push your luck, Mr Machin.
We're in and out like a fiddler's elbow.
Stand up, please, Mr Abbott.
We're going to proceed with sentencing on the charge to which you've pleaded guilty.
In order to arrive at a fair way of disposing of you, I need to ask a few questions that weren't answered in the psychiatric or medical reports.
With respect, my lord, I'm defence counsel.
Yes, Mr Maudling.
You mind if I ask you a few questions? I'll try not to burden your patience.
Was your guilty plea a true act of contrition on your part, or was it simply something that you were persuaded to do for convenience? Yes, it was true, sir.
I'm very sorry for what I did.
- You realise what you did to your wife? - I don't know what came over me, my lord.
It was as if it wasn't me.
It wasn't as a result of the damning evidence that you decided to make a clean breast of it? No, sir.
As soon as I realised what I did, I was so ashamed I wanted to die.
Is this a recurring pattern in your relationship? You beating your wife and then showing remorse? No, my lord, this is the very first time.
There are a number of old injuries on her medical report.
Do you know how they were sustained? Nat drinks a lot.
She sometimes goes wild.
Oh, I see.
Very wild? She certainly does, my lord.
I must be losing interest in the law, Jo.
I don't wanna go back into court again this afternoon and listen to more lies.
I want to take you off to a hotel.
I thought your interest lay elsewhere.
Francesca Rochester? Well, I like sweet Kentish cherries but when they're not available Word is you're in trouble with your sentencing.
- Who said that? - Clerk at Number 8.
- Will you send him down? - I ought to for talking about me.
I'm serious, John.
Why look for trouble? Abbott seems without any conscience.
But he gets to walk? I'm not sure that giving him the set tariff would help either him or his wife.
It might stop him beating her up again.
Then he'll come out in two years and murder her.
Well, if I'm not taking you to a hotel There is no case to answer.
The prosecution has failed to establish a prima facie case, unless we are to believe the word of a serially sexually active woman over three men simply because she's the accuser.
Oh, I agree with you, Mr Machin.
Can't simply take the word of one side, we must hear from both sides.
Am I to hear any submissions from the other defendants? My lord, in view of the hour might an adjournment until tomorrow be better? No, we've lost enough time as it is.
Mr Westland, would you tell the court in what circumstances you had sex with Miss Gainer? It was last Christmas.
I was in the pub with my mate, she was there.
I bought her a couple of drinks, we went back to my place afterwards.
Did you have consensual sex? What? Oh! Did she agree? Yeah.
Yeah, she did.
- Did you have sex with her again after that? - No, sir.
Why is that, Mr Westland? Didn't fancy her? She accused me of drugging and raping her.
Had you drugged and raped her? You're kidding.
She practically begged me.
Mr Westland, I agreed an application earlier to take you out of order because you were going on holiday.
Anywhere nice? Yes, my lord, to Ibiza.
Miss Gainer alleges you drugged her.
Did you in fact give her drugs? My lord, I object to this unfair intervention.
Yes, the stenographer has noted it, Mr Machin.
I'd like an answer, Mr Westland.
No.
Of course I didn't.
I wouldn't know how.
I'm sorry about this.
Would you mind going outside again? Mrs Mills, would you care to make an application concerning this witness? I don't have one.
Mr Westland is believed to be a man of good character, as far as the prosecution knows.
Is that right, Mr Westland? Remember, you are still under oath.
My lord, this is an outrageous exercise of office.
I must be a very bad judge, Mr Machin.
Mr Westland, do you have any convictions for drug offences? Two.
For supplying.
Well, I think the jury should come back and hear about them.
How did you know he had drug convictions? - Was it a guess? - No.
One of the first rules of cross-examination, never ask a question unless you know the answer.
He appeared before me a couple of years ago.
When his mother named him, she obviously thought to give him something that stuck out.
I'm hardly likely to forget Digby Westland.
Lady Rochester rang, Judge.
She said dinner would be perfect.
Yes, she's on the board of the Probation Service.
She asked me to talk to them.
About sentencing.
Ian's furious at the way you're handling what he calls "a simple sentencing".
Does he know we're having dinner? It's in the diary.
This case is far from simple.
He sees these things in black and white.
It can be very frustrating.
He always said he'd make a lousy judge.
Too many of us see things in black and white.
We don't ask half enough questions.
Ian thinks you should trust the prosecuting authorities.
Don't they have prejudices like everybody else? You're not going to tell me you're prejudiced? Blimey, not me, guv.
If I plied you with liberal amounts of wine and got you into bed, would that constitute a breach of ethics? Is that what you intend? Well, I'd best warn you, wine makes me sleepy.
Shit.
- Deed.
- Is my wife with you? - Would you like to speak to her? - I'd prefer if she switched on her own phone, Your husband would like you to switch your phone on.
I left it in the car.
I'm at a loss to know how to proceed.
In the light of what I've seen and heard, I wonder if a Newton hearing might not be best.
- My lord, is that really necessary? - Yes.
He was persuaded to plead on the expectation of a discount.
I'm not satisfied that the mitigation made logical sense against the evidence.
I can order a Newton notwithstanding the defence or prosecution.
With respect, my lord, we have agreed the factual basis of the plea.
And the problem is that your agreed factual basis makes no kind of sense.
It isn't what happened, on any view.
My lord, this does seem to be breaking the rules of pleading.
It seems to me that this was a device to shorten court time and save money.
Not the best basis for justice.
I will examine the principal witness here, at 9 a.
m.
tomorrow.
- My lord, might we continue this in chambers? - Yes.
- So you can stitch me up? - No one's stitching you up.
In my room.
The serious problem we have is that Mrs Abbott is not a reliable witness.
- That's why the deal was entered into.
- It is a dilemma, Mr Brett-Smith.
The solution may not simply be to send this man to prison.
I'm now persuaded to that view, my lord.
Well, the prisoner's a victim of his own emotions.
You could argue that before a jury.
But I have compromised the prosecution now.
Then I will examine the witness under the Newton revisions, and deal with this man as I feel is appropriate.
Who suggested taking Carol out of the club? She was looking really done in.
- She had been drinking earlier? - Yeah, she was having it large.
- How do you know? Were you with her? - No, she told me.
You can tell.
She was relaxed.
Behaving more like me.
Did you take her out for air on your own? No, Paul helped me.
She wasn't too steady on her feet by then.
- Did anyone else notice her state? - You're joking, aren't you? The club was jammed.
Loads of people outside were waiting to get in.
Someone did ask if she was on E.
What happened outside? Well, she got totally silly.
Started throwing her clothes off.
We tried to stop her, but she just kept saying, "Don't you love me? Don't you love me, Tim?" So we walked her to the car.
- With the intention of having sex? - No.
It was a cold night.
She would have froze.
- How often do you have sex, Mr Collier? - What? Your barrister subjected the principal prosecution witness to just such a line.
I'm sure Mrs Mills has an equally valid reason for asking.
Well, as often as I can, I suppose.
- How often is that? - I don't know.
Is it once a night? Twice a night? Once a week? Ever? My lord, she's not letting him answer.
Let him answer one of the questions, Mrs Mills.
- This is exactly as he treated Miss Gainer.
- Yes, but you know better.
- Was it once a week, Mr Collier? - I can't remember.
- You're a homosexual, Mr Collier? - My lord.
Well, it might go towards his defence.
No, of course I'm not a homo.
So you're a red-blooded, heterosexual male? One who can't remember how often he has sex.
But who expects the jury to believe that when an attractive young woman bludgeons you with offers of sex, you turn her down? Fat chance she had.
Isn't the truth of this that a chance, fat or otherwise, is the one thing you never gave Carol Gainer? We didn't rape Carol.
We just walked her about in the fresh air to get her sober.
Thank you, Mr Bailey.
- How's your love life, Mr Bailey? - I've been married five years.
I know lots of married couples who have abysmal sex lives.
It's very good, miss.
Did Carol need fully supporting when she was being walked around in the fresh air? Yeah, I'd say so.
She was well gone.
- Who actually supported her? - Tim, Colin and me.
I mean, we all had hold of her.
She was like a dead weight.
- And how long did you walk her around for? -10, 15 minutes, I suppose.
So, just when was it that she started throwing off her clothes? It was when she came out the club.
- And you stopped her, did you? - Mm-hm.
Yeah.
- It was you who stopped her undressing? - Yeah, with the others.
I see.
Then how was she undressed in the car when Colin Gee was trying to put her clothes back on? - Or did Colin take her clothes off in the car? - No, no, she must have done that herself.
But you said she was out of it, like a dead weight.
Well, that implies that she was unconscious.
Yeah, well, not really.
I mean, she was waking up, ripping at her clothes, you know, saying she was hot.
- So the drug must have acted quickly.
- No, we didn't give her any drug.
- Was it in the car that you all raped her? - No, of course not.
Look, I'm happily married.
So you said, but lots of married men like to take the opportunities elsewhere.
Well, I didn't.
- Did you help Tim and Colin rape her? - No.
All three of you were the whole time taking care of her welfare? Yes.
- You're sure of that? - We didn't touch her.
At what point did Colin join you outside? Well, he didn't, he was there the whole time.
- Are you sure of that? - Yeah, of course.
Look, we didn't touch her.
Tim Collier said Colin didn't come out of the club.
You and he brought Carol out.
No, Colin was there all right.
You certain? - Do you wish me to read back what was said? - No, Colin was there the whole time.
So Tim Collier is mistaken? Well, yeah, he must be.
I think.
Mr Bailey, would you mind telling the court what your interests are? Football, TV.
I can't afford much else since I lost my job.
- What was your last job? - I was a messenger, my lord.
- Why did you leave? - I was made redundant.
- What did you do before that? - I worked at the hospital with Colin.
- Did you have access to drugs there? - No, sir, I was a porter.
And why did you leave that job? Well, we had a disagreement.
What about? Well, they said I nicked some money from a patient.
Well, I never.
When did you last take drugs, Mr Bailey? I don't have any convictions for drugs.
That wasn't what I asked.
My lord, my client is not a drug user.
Let him answer, Miss Yesayahoo.
I never took drugs, my lord.
Not even aspirin? We all take those.
Oh, you know, I thought you meant When did you last take a drug of any description? Last night, my lord, some paracetamol.
- Where'd you get the tablets? - I don't remember.
- But you do remember taking them? - Yeah, they were only for a headache.
Then where did you get them? Colin, I think.
Yeah, he gave them to me.
Have you got any of these headache tablets left? Usher.
- They're only paracetamol.
- But taken from the hospital.
- Thank you.
- Yeah, well, if you've got a headache, then they give them to you.
For a friend's headache, too? My lord, if I may, there's a matter of law I'd like to raise.
Oh, really? Would you mind going out yet again, please? My lord, I must protest the bias against the witness being shown from the bench.
I'm simply trying to get at the truth.
- Hi.
- Hi.
Thanks.
- Mr Radcliff, do you know who I am? - Yes, of course, Sir Ian.
I very much appreciated your application to join our research department.
It was nicely drafted.
Well, I'm flattered you took the time to read it, sir.
Well, I make a point of vetting personally everyone we're about to place in a position of great responsibility.
Simon Dymock, my former Circuit Administrator, tells me you're both discreet and reliable, Mr Radcliff.
Well, every job is what you make of it, Sir Ian.
With that approach, I'm sure you'll do exceeding well with us.
How closely do you observe Mr Justice Deed? I believe close observation of the manner in which he conducts himself to be part of the job, sir.
We know his behaviour leaves a lot to be desired.
I've never been with a judge quite like him.
There's a personal matter concerning Deed which requires close attention.
I believe my wife's having an affair with him.
Do you need evidence for the divorce, sir? One feels totally violated.
Of course, I can't ask you to act in an official capacity in any way.
But if you were able to give me any information of any kind, I would be most grateful.
I know someone in a better position to observe His Lordship when he's off duty.
Ashurst.
Steve, it's Willy Radcliff, can you spare a moment? Can I call you back in about 10 minutes? You're about early, John.
I've got a lot to get through before my date rape case.
Are the sausages any more edible today? Don't ask me.
Charlie's on my case about becoming a veggie.
God knows what that'll do to your social life.
- How's she getting on with the law? - Settling into her new course, quoting me.
Well, what's the point in having an illustrious dad if she can't use you to win arguments? I'm still hearing complaints about that guilty plea.
I'm still giving cause, Michael.
Sir Ian Rochester came to see me yesterday.
He's still hoping that you might finally prove amenable.
Nobody's more amenable when I get my way.
Don't worry, it'll all be sorted today.
Sit down if you want to.
There should be water there.
I have to ask you some questions, Mrs Abbott.
- I'm sorry for being so weak.
- Don't worry.
In your own time, can you tell me about your relationship with your husband? Well, in the beginning we had a great time.
He had a really wicked sense of humour.
He made me see the funny side of everything.
But when I got pregnant, he suddenly accused me of being unfaithful, for no reason.
Were you unfaithful? I hadn't even looked at another man, well, not then.
Peter was all I wanted.
His accusations came out of nowhere.
In a garage one day, we were getting petrol, the bloke behind us asked me to move forward while Peter was paying, and he Peter went berserk.
I thought he was gonna kill him.
I tried stopping him, and he started hitting me and accusing me.
I had a miscarriage.
I couldn't have children after that, and he seemed to blame me.
He kept saying if I hadn't had the affair, it wouldn't have happened.
But he was being paranoid, I hadn't had an affair then.
- Did he hit you often? - For no reason.
Anything could set him off.
He had big mood swings.
He even saw a psychiatrist as an outpatient.
He stabilised for a while.
A friend said I should leave him.
When I finally tried to, he beat me up more.
Did you seek legal help? I tried, but the police warned them off.
He said they'd always find me if I left.
When I When I met someone else, Peter found out and threatened to kill him.
He beat me and beat me.
I tried to run out of the house, but he dragged me back.
He dragged me along to the kitchen, that's where I belonged, he said.
He boiled the kettle, and he poured boiling water on me.
- Were you conscious, Mrs Abbott? - Most of the time.
I think Well, I think Peter took me to the hospital.
Um I don't remember much more apart from what I learnt around the hospital.
I was in a coma for a month.
I had to have 12 different skin grafts on my stomach and thighs.
- I think that's enough, Mrs Abbott.
- No, I might not be able to do this again.
- Are you in physical pain? - Yeah, I'm always in pain.
It's knowing he might do it to me again, that's what I can't stand.
What's taking so long? - We were supposed to start at 10.
- They're still dealing with a case for sentencing.
It's a guilty plea, doesn't take five minutes.
Not with this judge, he's very thorough and fair.
Word is he's trying to find a way of not sending him to prison.
He's trying to do our minds.
Oi, don't be a mug.
I fail to understand why the Crown Prosecution Service consider you unreliable, Mrs Abbott.
I wish I could tell you that it's all over, but I might need to ask you some more questions after I've questioned your husband.
Thank you.
I thought we'd reached an accommodation on this wretched sentencing.
I don't think I agreed to anything.
Chaos will result, sir.
Financial and judicial chaos.
- Already this case has cost thousands.
- There is more at stake here.
You can't play fast and loose with other people's wives.
Lives, lives.
Barristers need to be elsewhere.
You conduct this sentencing like a trial.
I'm attempting to deliver justice.
We won't let you gum up the works, Judge.
- Don't call me Judge, I have a title.
- I'm sorry, my lord.
But without such arrangements, the criminal justice system would grind to a halt.
Then where would the justice be you're so at pains to preserve? Exactly where it's always been, in the hands of judges brave enough to resist the Executive.
The abstract principle of justice is something to which we all aspire.
What a sad world it would be if we didn't have ideals.
I didn't sign on for a 300% drop in my pay packet to become a legal lackey.
We would all like the judicial system to be a Rolls-Royce.
All we can afford is an overheated Vauxhall.
The economics are no more my concern than jurisprudence is yours.
This is the real world.
No one denies you're making a valid point.
We've taken note.
That's exactly what you haven't done, Sir Ian.
It makes not a jot of difference if this fellow goes to prison for two years or goes scot-free.
- It does to someone.
- No.
I'm asking you, Sir John, to accept the principle at stake here.
To call it a principle is to honour it too highly.
It's a shabby arrangement.
It's a collection of ad hoc and pragmatic decisions.
But your conclusion, unless appealed, will set precedent for any judge or magistrate to follow.
Good, I hope so.
I took an oath to serve justice and the sovereign, not government hacks.
One of the strongest principles of the British constitution is that no sort of influence be brought to bear upon judges by the Executive.
I am a servant of the Crown, but it's not a master-servant relationship.
The Crown hasn't had that sort of power over judges since James I lost his battles with Chief Justice Coke in 1607.
It chiselled the independence of the judiciary into bedrock.
It is not an instrument of the state, no matter how much you'd like it to be.
As Denning says, I have a constitutional liberty to be free in thought, independent in judgement and free from fear.
Look to my authority, go on.
Queen and Newton 1982.
It's over there.
The Court of Appeal says that in a case where a guilty plea has been entered a judge can hear evidence on both sides, with witnesses and act as his own jury, in both fact and law.
You're not doing that.
You're hearing evidence to charges not even on the indictment.
The man pleaded guilty.
The only submission should be from medics or the Probation Service.
Show me where it says I can't hear submissions or evidence on oath from the witness box.
Your office, as powerful as it is, does not give you the right to bring chaos to the lives of others.
- Have you come to beat me up as well? - Is that what he did? Put me under notice to give your informant the right result.
Not my informant, John.
- What, you don't want him out now? - I wish.
MI5 have wind of something big.
Abbott had infiltrated the Real IRA, they need him over there.
Ah.
Well, I still have to find the authority to get the LCD off my back, then I can deal with your man appropriately.
- I was gonna invite you out to dinner tonight.
- I already have a dinner engagement, Row.
- Won't need you tonight, Stephen.
- But my lord, it's what I'm here for.
- You do make my love life rather difficult.
- I'm sorry, my lord.
You know I'll only ditch you later on.
I have to ask where you'll be.
First of all the Grange, and after that, well, depends on how lucky I get.
Yes, my lord.
What the hell? Let's take the Jag.
Willy Radcliff, Lady Rochester just arrived to meet Deed.
Oh, yes, makes you sleepy.
It's nice to find a middle-aged man who not only listens but remembers what you say.
- Have you got a room here? - That really would be pushing my luck.
I'm not very experienced at this.
Do you wanna come back to my place? Your official residence? That might cause a scandal.
Well, I was thinking of my own apartment.
I'd have to call a cab to give my detective the slip.
Thank you.
She takes the taxi to the good hotel What's the cement that keeps you and Ian together? Money, laziness, bad habit.
Mostly money.
Money.
Money! It's not that unusual.
No, no, no, it's the name of the authority I've been looking for.
The Queen and Money, The judge resisted pressure from the Home Secretary and was upheld.
Do you mind if we go by the court and check it out? Wasn't quite what I had in mind.
I'm sorry, sir, I don't know you.
I don't know you either.
I can't let you in.
I'm not allowed to.
Oh, this is ridiculous.
He's Mr Justice Deed.
It's all right.
I'll call Coop and get her to bring her key.
I didn't want to create a fuss.
It's the rules.
Yeah, quite right, Ben.
Judges are the first to complain if we break them.
- I'm sorry about the confusion, my lord.
- No, you were quite right to question who I am.
- Do you want me to help, Judge? - No, it's all right, thanks, Coop.
I can manage.
- Isn't your detective with you? - No, I lost him.
Doesn't matter.
Is this fun or what? Ah.
- Have you found it? - Well, I found Mr Money.
But it's not the authority.
- Perhaps it's another Money.
- Perhaps it isn't Money at all.
Yes, it is.
Yes, look.
The Queen and Money in the Court of Appeal.
Yes, brilliant.
Sir Ian Rochester rang, Judge.
He asked if you could delay the hearing.
He wants a meeting.
My pleasure.
Warn both sets we might be delayed, will you, please? - More delays.
Why is he doing it? - It's not a problem.
Stay cool.
Well, he must know something.
I mean, the way he looks right at you, like he's reading your thoughts.
Yeah, he knows, all right.
- I mean, how did he know about Digby? - Colin, shut it.
The Queen against Cornwall is the authority that says you can't conduct a sentencing like a trial.
Mr Justice Goddard was stopped from so doing in '58.
This is superseded by Money in the Court of Appeal in front of Scarman in 1984.
They ruled the judge's conduct of the Newton hearing was correct.
Newton is a trial before the judge on the facts, once guilt has been admitted.
It's not supposed to be conducted by you playing all the parts, prosecution, defence, judge.
We're not that much at the heart of Europe yet, thank God.
Well, I'm not sure that the Continentals don't get at the truth better than we do in our system.
Anyway, I've got no choice.
The prosecution and the defence are playing on the same side.
- You'll be overturned.
- I doubt it.
My authority is clear.
Was my wife here? These were my grandmother's earrings.
It was Lady Rochester who found my authority.
Mrs Abbott, before you went to hospital when your husband last beat you, for how long had you been screaming? It's all right.
You can answer it from there.
Remember, you're still under oath.
About an hour, I think.
I'm not sure, my lord.
And trying to get out of the house? Well, a lot of the time.
Did no one come to help you? Someone came to the house.
Peter spoke to them but they didn't come in.
I see.
Thank you.
Do we have the psychiatrist who saw Mr Abbott? There's two.
Dr Oellink, the psychiatrist who treated Abbott, she would like a word.
Dr Malcolm was called by the police.
Dr Malcolm first.
Dr Malcolm, you were called to see Mr Abbott? Yes, the police were concerned in case he hurt himself.
- Was that your opinion, Doctor? - No.
When I saw him he was calm.
That's something he was quickly able to do, get control.
Does Mr Abbott have any psychiatric condition that renders him likely to harm his wife? He has paranoid tendencies.
Sometimes he doesn't know who he is.
He can be charming and responsive one minute, and then quickly go beyond reason, beyond control, the next.
There are schizophrenic tendencies present in his personality.
Is he likely to benefit from treatment? He has been receiving treatment with some success, I believe.
Do you want to examine this witness, Mr Maudling? No.
Dr Oellink? I saw Mr Abbott for two years as a psychiatric outpatient.
He is violent and manipulative, especially with women.
There is a real danger he might injure his wife again if he isn't treated.
- What is it that happened? - The CCTV camera showed them making love.
Is there a tape? Anything that moves in the building after 6 p.
m.
gets onto tape, Sir Ian.
- Where is it? - Well, the security office won't release it.
They will if they know what's good for them.
It's Data Protection law.
I can't release any tape without a court order.
Better do as he says, Ben.
He's Sir Ian Rochester.
I'm sorry, sir.
The tapes go to a security vault, sir.
Not even the supervisor could release it without proper authority.
I am that authority.
Make sure it stays secure till I get back here with authorisation.
In the nine years since leaving school, Mr Gee, how many jobs have you had? Two, sir.
One in maintenance with Glaxo for four years, then my job at the hospital.
- And have you been out of work at all? - No, sir.
- What about the police? Any trouble there? - No, sir.
I've always tried to obey the law.
What, nothing for dope? We've all tried that at some time.
Speak for yourself, Mr Machin.
I tried pot when I was 15 and I didn't like it.
I tried it again at a party, but still didn't get into it.
At which point did you leave the club that night? - I helped carry Carol up the stairs and outside.
- You're sure of that? I think so.
Would you speak up please, for the jury? - I think so.
- You think so? We'd all been drinking.
Tim Collier said he and Paul Bailey helped her out, that you stayed behind.
Why is that? - I don't know, miss.
- Is Mr Collier mistaken on this point? He must be.
I was there.
Nothing happened.
- Is he mistaken on other points? - No.
We didn't touch her.
She was drunk and you walked her around to get her sober.
- Yes.
We did.
- You put her in the car where you had sex.
No, no.
We put her in the car to try and get some clothes on her.
- Who took her clothes off her? - She did.
What, even though she was drugged and had to be carried up the steps and supported outside? - How did she manage that, Mr Gee? - I don't know.
I don't.
She just did.
Well, she was being supported under her arms, feet dragging.
She had on a tight dress that had to come over her head, tights which must come over her feet, pants, a bra.
She'd have to be an octopus to get her clothes off.
Let's get real.
There was no street detritus on her clothes.
They came off in the car.
The other two held her and you undressed her, isn't that so? No, no.
It wasn't me.
- Then which of your two friends was it? - No one.
None of us touched her.
Mr Gee, Carol Gainer was under the influence of drink and the drug Rohypnol.
She couldn't have undressed herself.
Either you or your friends had to have undressed her.
No.
I never touched her.
On a point of clarification, Mr Gee, what order did you come up the narrow stairs of the club? Tim led with his arm under Carol's shoulder.
Paul was pushing her up, I was behind them.
Momentarily forgotten.
Are you an easily forgotten sort of person, Mr Gee? I don't easily get noticed until something goes wrong.
Well, you certainly got noticed this time, Mr Gee.
Mr Gee, what do you do at the hospital? - I'm a porter.
- Yes, I know.
What does that entail, exactly? I take dead patients to the mortuary, live ones to theatre or for X-rays.
I deliver mail, dinners.
- You have access to all parts of the hospital? - Yes, I do.
- And access to drugs? - I don't do drugs.
- You have access to hospital drugs? - The drugs are under lock and key.
Have you delivered them to wards or theatres? Yes, I have.
Then you have access to hospital drugs? Is that a yes? Yes, my lord.
Mr Machin, I interrupted your cross-examination.
Do you want to continue? Thank you, my lord.
Mr Gee, so the jury are absolutely clear on this, you've never broken the trust you're held in at the hospital and taken or misused the drugs? No, sir.
I've only taken paracetamol for a headache.
- And usually the ward sister gives them to me.
- Thank you, Mr Gee.
- Just what is this tape, Coop? - It's from the security camera.
It activates and records movements after 6 p.
m.
Well, we probably see worse on Channel Five.
Sir Ian has gone to get the Lord Chancellor to authorise seizure of the tape.
To post it on the internet, no doubt.
Get me a sandwich, would you please, Coop? Can you speak? Do you mean have I lost my voice? We overlooked the CCTV camera last night.
Our every move was recorded.
Do you think it's a first? Your husband knows about it.
And he's pretty steamed up.
Yes, he would be.
He stands to gain a lot of money.
His aunt left it to the two of us in trust.
Being a good Christian, her main stipulation was fidelity.
If either is unfaithful, his or her share is forfeited to the other.
That's not enforceable in law.
Did she use the word "fidelity"? The exact word she used.
Must be hard to maintain fidelity nowadays.
Generally, or where money's involved? John, I'd prefer Ian not to get the tape.
So would I, I'd like to see you again.
Not in chambers.
Well, you've got my number.
- Mr Radcliff.
- My lord.
Can I have the Section 20 in after lunch, please? I want to question Mrs Abbott about her fidelity.
I'm sure you do, my lord.
- What's he so happy about? - Word is he's getting promoted.
Never told me.
Coop.
Could one of your friends among the POLEs get hold of that tape? I'll ask, Judge.
Thank you.
You had an affair during your marriage, Mrs Abbott.
Was this a single lapse or was this a general lack of fidelity? Not at first, it wasn't.
I did have affairs.
But none lasted long.
I didn't want Pete to find the men and hurt them.
- But he did find out? - Right from the start.
He always found out.
Then would you say that your actions provoked the beatings that you subsequently got? I don't know.
I mean, he's never been a very reasonable man.
No matter what I did, he got angry.
How far into the relationship did you realise that he wasn't a reasonable man? I don't know.
After I lost the baby, I suppose.
Prior to your last beating you knew he wasn't reasonable? You just couldn't get through to him.
Had you provoked him before the beating? I told him I couldn't take any more, I was leaving, I didn't want him to come after me.
- So, in fact you provoked him beyond reason.
- I wanted a life, I was entitled to that.
The psychiatrist had said that he wasn't able to respond to reason.
- He's a madman, out of control.
- You knew that yet you still provoked him.
Well, what was I supposed to do? What? He'll come after me.
His friends in the police will find me.
He'll find me if you let him go.
Mrs Mills.
Is he gonna send him away or what? - You haven't paid into the lottery pool.
- Your numbers never win, Brian.
All right, then, you pick them.
What's the old cider lout been doing up there? Finding a way to get me a result.
I made a clean breast of what I did.
That's what impresses this judge.
Telling the truth to him.
Mate, is that right? What he said.
So it seems.
God help Mrs Abbott.
Tim, I can't go through with it.
Course you can.
It's almost over.
You done lovely, son.
concludes the case for the defence.
Unless His Lordship has any further questions.
As a matter of fact it does, Mr Machin.
Mr Gee, anything you'd like to tell the court? - No! - I'm sorry, I thought you were Mr Collier.
I want to go back in the witness box.
There's something else I want to say.
Would you like to consult with counsel first? My lord, I must protest.
This is the worst case of bias I've ever encountered.
- Sit down, Mr Machin.
- My lord, the jury must go out.
Not until they've heard what Mr Gee has to say.
I got them from the hospital.
I didn't know Tim would do that.
I hope he sends them away for a long time.
Please stand up, Mr Abbott.
Ordinarily, a crime of this magnitude would warrant a prison sentence, a long sentence, for the indescribable wickedness of what you did to your wife.
However However I don't feel prison is the appropriate way to deal with you.
It's clear that you were provoked beyond all reason by your wife telling you that she was leaving you.
Because you were beyond reason you were therefore beyond control.
I'm also taking into account the fact that you have pleaded guilty to a charge before this court, even though the charge didn't reflect the crime.
That charge was, I have no doubt, a matter of procedural convenience on the part of the prosecuting authority, and one which you weighed to your advantage.
Clearly you are quite incapable of remorse.
I'm not going to shove you off to prison.
Instead, under the Mental Health Act, on evidence of the two psychiatrists that you have a mental condition that is treatable, I intend to send you to a secure unit where you will receive treatment.
I'm also adding a restriction order to this so that you will not be released until you have satisfied a Mental Health Tribunal that you are no longer a danger to the public.
Is he gonna send him away? - No! - What are you doing? No! Get him! Got him! That was a wonderful thing you did, Judge.
Not as wonderful as Row Colemore's alert response.
- He might have saved Mrs Abbott's life.
- Only after you'd given it back to her.
Deed.
Whose news desk? How'd you get this number? Yeah Yes, when Old Hall at Lincoln's Inn was rebuilt in the 15th century it was partly paid for by fining barristers six shillings and eightpence for fornicating with women in chambers.
I think they all went broke and gave up the practice.
Somebody's tipped off the newspapers about the security tape.
- I haven't had a call about it yet, Judge.
- Well, the Express has.
Excuse me.
Can I help you? My authority for the seizure of the videotapes from the camera covering Mr Justice Deed's chambers.
How do I know this is the Lord Chancellor's signature? Are you being purposefully obstructive? - Where's Mr Goldin? - He's off duty, sir.
- It wouldn't do to give these tapes to anyone.
- I'm not anyone.
I'll need a signature.
- Where's your video player? - We don't have one available.
This is ridiculous! Find me a video player.
Sir.
Well, where is it? Where is it? - The security man said they were at it.
- Where? There.
I'd say it's been doctored, sir.
Hello, the phone is switched off at the moment, Leave a message and I'll call you back, John, you know that fruit you thought was unavailable? I'll see you later.
It was quite a punch.
- I'll have to find a new fencing partner.
- I've got good healing bones.
- Do you realise what you've done, John? - Probably saved Natalie Abbott's life.
How many lives you put at risk as a result? MI5 are furious.
You can buy me dinner for my heroism in court.
- I have one to meet, Row.
- Oh, have you got a friend? Are we still friends? He was only an informant, John.
Friends aren't so easily found.
Judge.
The tape from the security camera.
- It is the only copy.
- Thanks, Coop.
We'll have to send your friend some cigars.
Does he does he sleep outside your door? Do you know, I think he's genuinely fond of me.
Are women allowed back to your digs? Well, yes.
But the servants don't like it.
See, officially we'd have to have separate rooms and everybody gets shuffled down one room.
Do you know what you'd be risking? Half of Ian's family money.
Ah, but you said the fidelity clause wasn't enforceable.
It's not.
If you follow me, Stephen - But, my lord, if I don't follow you - Stay! Woof, woof!