Black Earth Rising (2018) s01e02 Episode Script

Looking at the Past

1 Are you OK there, sir? I I'm just, er Getting a feel for the place.
The Nyamoya situation? Godwin Hall.
I'm due in here 1430 hours, Thursday.
Status, conference.
Defence there.
Prosecution here.
Interpreters.
Press.
And where you are? Public gallery.
- Right in here with us? - As they should be.
But the glass is soundproof, so if the session goes in camera, it just gets switched off.
It's impressive, isn't it? It depends who wins.
This programme contains some violent scenes and some strong language.
RAPID BEEPING LOW-PITCHED BUZZING Un, deux, trois, quatre, cinq, six, sept, huit, neuf, dix, onze, douze.
Arretez.
On est pret.
If you are the dealer I'm out of the game If you are the healer It means I'm broken and lame If thine is the glory then Mine must be the shame You want it darker We kill the flame Magnified, sanctified Be thy holy name Vilified, crucified In the human frame A million candles burning for the help that never came You want it darker Hineni, hineni I'm ready, my Lord.
All rise.
The International Criminal Court is now in session.
Please be seated.
Good afternoon, everyone.
HUBBUB Are you OK there, madam? It's OK.
You come with me.
It's OK.
Because of this, I ask the parties that they address the court in a concise and coherent manner, and that they refrain from delving into unrelated matters.
And it is in the light of this efficiency that I wish to raise, at this earliest of opportunities, our intention to submit evidence of an incident which took place outside of the timescale permitted by the court's mandate.
Madame President.
Ms Ashby, you are aware that the DRC signature to the Rome Statute in 2002 invalidates submission of any incidents before this time? Thank you, Madame President.
We are, of course, aware of this limitation and we do not seek to include the submission within the indictment.
However, we feel it is vitally important for us to establish a pattern of persistent conduct by the accused which in and of itself, we believe presents a significant contribution to the specific articles of the indictment for which the accused is standing trial.
Our intent is to reveal a course of prior conduct to establish a predisposition of character, Madame President.
Thank you, Ms Ashby.
And thank you for bringing this to my attention so promptly as it relates to Article 613b of the Rome Statute.
May I be clear the incident to which you wish to refer does not appear in any documentation presently available to the court? - That is correct, Madame President.
- Sh! This incident took place outside of the court's mandate and has therefore not been included in any warrants of arrest.
We're only intent on its inclusion at this time for the aforementioned reasons.
Mr Zand? Thank you, Madame President.
I hesitate to strike out of hand any submission which may, in fact, prove to be of benefit to my client, therefore, we simply cannot respond until we've been made fully aware of the submission.
Ms Ashby, when may the details of your proposed submission be made available to the court? Madame President, we have the submission.
And we're ready to make copies of the recording, at Your Honour's request.
Thank you, Ms Ashby.
One moment, please.
Please make copies of your submissions available to the court.
And I am now closing the hearing for me to consider the matter further.
All rise.
What incident? The one he thought we'd all forget.
BEEPING It doesn't matter what you say.
They already know.
My daughter doesn't, and she deserves GUNSHO Huh! Guard! No, no, no! PANICKED SCREAMS ALARM WAILS MUSIC PLAYS THROUGH HEADPHONES What? We leave the wedding ring on.
No, she wasn't married.
It was, um It was like an engagement.
Has he been informed? He's dead.
A long time ago.
It's foul.
But the shock of it might, you know help.
We argued.
Before she left.
I left her a message.
She, she didn't It doesn't matter.
She already knew.
MEDIA REPORT: The presence of the killer's motorcycle abandoned at this second crime scene appears to bear all the hallmarks of a classic clean-up job.
Of the three men found shot dead in the vehicle, two had apparently left the ICC only minutes before.
There is speculation that, for whatever reason, these men had aborted an initial assassination attempt, leaving a fourth member of the cell disguised as a highway patrolman to execute a terrifyingly-successful plan B.
At this time, the identity of these three men and their killer remains a complete mystery.
Initial suspicions of a revenge attack carried out against Simon Nyamoya by Hutu extremist factions, with whom he had fought a decade-long war in the Congolese forest have yet to be confirmed or denied.
Back at home, the United States President - PHONE RINGS - Yes.
I have a General Munezero, Rwandan Government.
Put her through.
- Eunice? - Alice.
Are you going to the funeral? Yes, I will be.
Then we should meet there.
Yes, we should.
Ah, General Munezero.
I am a civilian now.
Member of Parliament.
Of course.
My name's Charlie Barratt, I work with the FCO.
- Welcome to the UK.
- Thank you.
I'm here to speed you through Immigration.
Will it take long? Feet won't touch the ground.
Please.
MACHINES BEEP What if they switched it all off? Nothing.
She's breathing for herself.
This is just to monitor.
Oh, Mikey.
It's fine.
It's what it is.
Do you think Eve was targeted? Why? Who knew? - She hadn't said anything yet.
- She didn't have a chance.
They were aiming for Nyamoya.
Had to be.
So is it all set up? Yeah.
Just got to make a call.
- Good.
- Just not sure that I should.
Why? Well, the way Eve was going to do it, it felt clean.
- This way - Is the only one we have left.
Are you sure you want to do this? Put yourself in the crosshairs? Oh, Mikey.
They are already on me.
Hi, fellas.
Something up? I'm so sorry.
It's because of my job.
Alice is with the Rwandan Government.
She's here for the funeral.
Oh, right.
And, er We go way back.
What is it? Er I came here for officer training.
When was that? Must be late '80s.
Over 30 years ago.
Oh, my God, don't.
And I gave you a lecture on? Geneva Convention.
You certainly took it to heart.
Single most important rule book in the theatre of war.
If only they could keep it to 90 minutes with a drinks interval.
Her lot brought the Rwandan genocide to an end.
Oh.
Well, OK.
I'm a book illustrator.
And Jenny's? Well, companion, I guess, is what you'd say at our age.
Companion.
Please, tell her I said hello.
Yeah, sure.
I remember her as a very beautiful woman.
Yeah? She still is.
Like her daughter.
So I will see you at the funeral.
They're both gone now, Mikey.
We carry on.
We must.
For them.
So nice to meet you.
Maybe not say hello from her.
I figured.
Are you still? No, no, no, no.
Long time ago.
Thanks so much for doing this.
Oh, it's just until Jenny can do it for herself.
Wasn't her fault.
It's always a mother's fault, Michael.
Always.
Eve always insisted she was my mother.
But she wasn't.
She was the woman who rescued me.
And actually, she didn't do that bit either.
Not the actual rescuing.
That was done by a man named Ed Holt.
Some of you here will remember him.
I don't.
I don't remember any of it.
Just what I'm told.
But that's OK because Eve told me everything.
Ed was her partner, fiance, and they were both working in Rwanda just after the genocide.
She was doing groundwork for the tribunals and he was on an aid assessment.
And one day, he found me.
In an orphanage.
Wounds that were killing me.
I don't know why he chose me just that he did.
And a week later, he was dead.
Killed in a plane crash delivering aid to the DRC.
Eve always said that I was the last thing he gave her.
And that's why she treasured me ever since.
Which can't have been easy because I was completely bust.
Not just here, but here, and I was I was never going to get fixed.
But that I'm standing here today looking anything like a human, it's because of her.
Eve Ashby.
And she wasn't my mother.
I'm not even sure what that means, or why I've said it.
Is she reliable? - Hm? - That speech.
It's a bit weird.
For being honest? Inappropriate.
She will be with Michael.
What about him? When it gets messy? It will not.
It already has.
For all that easy charm, he wears his principles like a Kevlar vest.
He knows what has to be done.
Going to have his conscience shot to shit, if not.
We are doing the right thing.
May come a time when that gets forgotten.
- We must make sure to remind him.
- So? We don't know, and we're not going to.
At least not yet.
They've got nothing on the killer and the best they've got on the other three is hair-strand DNA suggesting a sub-Saharan diet.
Down there, Nyamoya has more enemies than I have uterine fibroids.
Just had an ultrasound, I'm kind of obsessing about it.
But we will find out, eventually.
Just not the way we expect.
It's Africa, is what it is, Mikey, but then we all knew that - That is why we have to do this.
- She's right.
The only chance we've got now of completing what Eve started Is for you to make the call.
- Do it for her.
- For Eve.
And we might even find out who did this.
OK.
Here.
Long time since I've seen this.
MAN SPEAKS IN OWN LANGUAGE She'd just changed the batteries.
She intended to play it in court.
She make copies? She didn't get that far.
I've got one on my hard drive.
That's very modern of you.
Huh! Don't ask me to open it.
Whole story's in your hands.
Hell, I forgot.
I've got to give her something.
So, when will it happen? But it will.
Just carry on as normal.
Look after me, Mikey.
You'll be fine.
- Oh! - What? That's what I told Eve.
HE DIALS OU PHONE RINGS OU Serve it.
- LOW CHATTER - I'm going the wrong way.
Excuse me, I have to catch a plane.
I have something for you.
This, it is of your mother.
Er I mean Eve.
No, she was my mother.
What I meant to say was, in a way she was she was more.
Oh, I don't know what I meant to say.
Look at it.
Actually, there is also me and Michael.
And that there, that is Ed.
See? When was it taken? Just before he died.
And where was it taken? Kigali.
That's wonderful.
No, no, keep it.
I brought it for you.
And there is something else.
- Oh? - But that is for another day.
Whatever happens now remember that.
Why? What's going to happen? And stay close to Michael.
What's going to happen? Alice Munezero? - Yes.
- You're under arrest.
For what? Suspicion of war crimes against civilians committed by you in the Ngoma region of Of Eastern Rwanda on or around 11th June, 1994.
I know.
It was issued by a French court in 2009.
And I assume that is an European Arrest Warrant.
- For your extradition to France, yes.
- Yes.
Now you should read me my rights.
Sounds like you've been expecting us.
For a long time.
This you? Hm.
My mother's.
That's yours.
A Promethium rock.
Hope no-one tries to peck out your liver.
I've got drugs doing that already.
You got that under control? Clockwork.
First one with Good Morning Britain, second with Cash in the Attic.
- Busy day.
- Only if I pick up a can opener.
Still think she was wrong? - Hm? - Your argument.
Hm.
Well, I guess we will never know now, will we? Want to find out? Why? Unless Star Trek: Voyager is fulfilling all of your emotional needs.
That's about to start, actually.
How? So, you think Nyamoya was a national hero? It's not so simple.
But you didn't want your mother to prosecute him.
Thing is, it's not always easy just to come out with the truth.
It is to me.
You just say it.
But where you were born, you have to pick your moment and your place.
So? What if your mother didn't see Nyamoya as a destination, more a bridge? - To what? - I don't know for sure.
But this may be the way to find out.
How? Alice Munezero's been arrested.
The French think she killed one of their priests in Rwanda - during the genocide.
- Why? They allege she found the guy in his church with a couple of hundred dead Tutsis.
Before asking any questions, she shot him.
And that's it? Certainly was for the priest.
I drink.
Yeah? At night, all alone.
Sometimes quite a bit.
- Alone? - That's why I have him.
Wouldn't look good, me on a DUI.
No.
Wouldn't want you to think I was a snob, though.
Just a lonely alcoholic.
Quite a pair.
You shouldn't trust me, you know.
Why? My mind, it's Normal, to feel like that.
Nothing about me is normal.
I pull back from everything.
Everything.
Even Eve.
Particularly her.
There's another way to look at that.
She was your centre.
Well, now I'm cut loose.
Let me take her place.
You You want to be my mother?! I want you to feel like there's somebody at the centre of your life, for as long as you need it.
What do you get? Oh, yes.
A replacement daughter.
That's why I like you, Kate.
You say the things other people wouldn't dare.
There you go, see? I'm doing it already.
You go ahead.
Maybe you're right.
Maybe it's what we both need.
I know it's what Eve would want.
And so would she.
- Did you do it? - No.
And Michael's agreed to be your lead counsel.
With you investigating.
He says you're the best.
Well, if you're looking to employ a grief-stricken junkie on suicide watch, you certainly are in need of legal representation.
And here you are.
But not for long.
There is no way this charge could stick under UK law, and, anyway, you're not a UK citizen.
All you have to do now is object to the extradition and you'll be home within a week.
Simple as that.
Only thing that puzzles me is why he hasn't told you that already.
See? Just like her mother.
Alice Munezero, I'm obliged in this place to make you aware formally of the contents of the Part 1 warrant.
These are, that under Articles 132 and 143 Code of Criminal Procedure, you are accused that on 11th June, 1994, as the commanding officer of a unit within the Rwandan Patriotic Front, you advanced into Ngoma district, Eastern Rwanda, where you did unlawfully kill a French citizen by the name of Pascal Patenaude, a father in the Order of the Grey Fathers, outside their church in the diocese of Kibungo.
And that this action took place under the category of War Crimes against Civilians.
Are you now aware of these contents? I am.
And in the presence of your counsel, would you now indicate whether or not you are willing to consent to the extradition proceedings? Madam, I wish to consent to the extradition order.
No, no, no, no, no, no, no.
Did your client understand the question, Mr Ennis? She did, ma'am.
She wishes to consent to the order? She does, ma'am.
Very well.
What have you done?! Taken her case to France.
You knew this was going to happen.
So did she.
She said as much at Mumma's funeral.
I tipped off the NCA to serve the warrant, yes.
Why? Because it's been knocking around for years.
Every time she travels, she's at risk of arrest.
So finally, she's decided just to flush it all out.
By getting herself thrown in a French jail?! How fucking stupid is that?! - You think? - Yes, I I know.
Good.
So now we're going to get her out.
She shouldn't she shouldn't be there in the first place! And now we have a chance to prove that.
God, this is so fucked up! Innocence is assumed, Michael.
You don't have to prove it! This isn't the destination, Kate.
OK.
Then what is? Well, that's what we're looking to find out.
SIRENS WAIL PROTESTORS CHAN PROTESTORS SHOU I am innocent.
But you were leading an advance infantry unit - through that region at that time? - Yes.
But you or any representative of yours made absolutely no contact with Father Patenaude? I did not, nor did anyone under my command, or in my knowledge.
Um except there are two, two eyewitnesses who have sworn that you did.
That you in fact, er murdered Father Patenaude.
They are lying.
Because? If I may, one moment.
One of the alleged witnesses, an occupant of the village, a Hutu And a doctor, monsieur.
Nonetheless, his family was subsequently tried and found guilty of mass killings.
He is now living in France as an ex-patriot.
The conduct of one's family is no cause for self-incrimination.
I'll submit a pattern of influence.
Hm.
And, er on the other witness, monsieur? Also living in France.
Who is a Tutsi and served as a lieutenant in Mrs Munezero's own infantry unit.
What pattern of influence might you submit on him? He was a spy.
For who? The French.
Why? Because, sir, for many years, your country was on the side of the genocide planners.
And when the genocide happened and my army brought it to an end, your country was too ashamed to admit their guilt.
And have instead tried to tarnish my innocence.
The one to try and cancel the other.
And that cannot be.
OK.
Um this investigation was not launched by me.
It was launched by a colleague ten years ago who has since retired.
A timescale of this length reflects poorly on us whilst maintaining a question mark upon you.
So it is in the interest of all parties to bring this matter to a swift conclusion.
Either I recommend this dossier for trial, or I dismiss it.
And for me to do that, you must show me at least one of two things.
Proof of your innocence or the guilt of your accusers.
Thank you.
When did his predecessor die? Um about 18 months ago.
A few months after he retired.
Did he do that by choice? - Die? - Retire.
There was some talk of him running for public office a few months back.
His heart just couldn't keep up.
Worry you? Just wasn't expecting the new guy to be so helpful.
Well, don't go complaining, he's just given her bail.
Yeah.
No.
Yeah! It's good.
C'est bon! DISTANT SIREN WAILS So Florence Patenaude.
Yep.
Er Father Patenaude's mother.
Made the initial complaint which launched the investigation.
- Is she still alive? - Yeah.
- Thank fuck for that! - Yeah.
She made a formal complaint in 1998.
Four years after the alleged incident.
- WOMAN SPEAKS FRENCH - Mm-hm.
Why the delay? WOMAN SPEAKS FRENCH SHE SPEAKS FRENCH No.
No, sorry, I didn't get that.
Her son had joined the Grey Fathers, so he was lost to her long before his death.
Hm.
- The Grey Fathers is a holy order.
- I know.
What made you change your mind? WOMAN SPEAKS FRENCH Monsieur Barre.
Who? SHE SPEAKS FRENCH Her sponsor.
CONSTANT TICKING Mademoiselle, you've strayed.
- No, I-I was just - Looking at the past.
HE SIGHS Thank you.
My lawyer will be sitting in with us.
You understand.
Of course.
All this from rubber.
Hm! Three generations now.
Hm.
But I understand my inheritance.
The benefits are obvious the burdens, less so.
Unless you were Congolese in the 1900s.
Are you Congolese? English.
But where are you from originally? Originally? Er from loving parents.
Why did you approach Florence Patenaude? Because I wanted, um I want to see justice done, and I didn't think she knew she could have it for her son.
Hm.
And why, particularly, did you want her to have it? The Tutsi genocide is a taboo subject, Mademoiselle, but its undeniable horror disguises a more complex truth.
Which is? What do you know about Rwanda? Oh.
Er what What do you? Huh! A lot.
I was advisor to the Elysee Palace from 1987-'94.
The lead-up to the genocide.
And what did you advise your president to do? Everything in his power to avoid it.
Which was? For him to support the democratically-elected majority.
The Hutus.
Who were the majority.
You have to remember, Mademoiselle, the Tutsis were always a minority in Rwanda.
14%, no more.
Their monarchy ruled for hundreds of years, and during the colonial era, the Belgians maintained them as proxy rulers.
But in '62, after the independence and the elections, it was the Hutus who won the power.
And so they should.
85% of the population, plain and simple.
The only reason why so many Tutsis left the country is because they lost the power.
Well, they were also being threatened with mass extermination.
Only because they wanted to take back what was not rightfully theirs.
When I became advisor, the real danger was civil war.
So, between '87 and '94, you advised your president to support the Hutu government? The democratically-elected majority, as I've said.
- And the president took your advice? - Yes.
But it wasn't as if the Catholic Church hadn't been saying the same thing for years.
We, all of us, were simply assisting Assisting a government that turned into a genocidal regime.
Only because the Tutsis massed an army on the borders before launching an occupation of the country! They created the fear, the fear created the genocide! Once these Banyarwandas did indeed invade, it was too late! I'm a Tutsi.
And my family were all killed.
Then I'm very sorry.
But you must remember, the blame for their death lies as much with the Tutsi who invaded the country as with the Hutu who held the machete.
Do you realise how offensive that remark is? I realise the truth is far more complex than you may wish to hear.
It was all I could do not to hit him myself.
It's ugly, but he believes it.
And prosecuting Alice, the representative of the Tutsi army, for the murder of a French priest, a representative of his government, that's his way of proving it.
- Do you want me to come back? - No, no, no.
Stay here.
So His two witnesses have failed to respond to our request for an interview.
No surprise.
And, like here, under French law, there's no compulsion for them to do so.
So I want you to go over and have a chat with them, off book.
OK.
And remember, the limits of harassment are the same as here, so stay within them.
Ooh.
Not sure subtlety's my strongest suit.
And yet you managed to hide your affair with Godwin from almost everyone.
Did Eve know? Just you.
Guessing the wife did, too, or is there another reason you didn't attend the funeral? Did you love him? He'd, er He'd just blown me out, so Ah, Kate.
Are you feeling sorry for me? No.
Just the the weight of it.
Hm.
I'm used to that, losing things I love.
Been doing it all my life.
So, er don't expect me to behave the way others do.
I don't.
Good.
Someone is not telling us the truth.
I'll speak to the witnesses.
HUBBUB Dr Musoni.
Avez-vous vos papiers? Excuse me? Where are you from? Oh.
I am not a refugee.
At least, not yet.
I'm from Alice Munezero's legal team.
- Oh.
- Yeah.
And you're a key witness for the prosecution, but you haven't yet responded to our request for an interview.
I don't have to.
No.
No, you don't, but if you are found to have given false testimony, well, it's called perjury.
I'm sure you've heard of it, and you'll be deported back to Rwanda.
That won't happen.
- Why? - Because I'm telling the truth.
Oh.
Yes, fine, fine.
But the legality of truth, how it's defined, well, if I were you, I'd check on that.
It's very good, what you're doing here.
- I have been one of them.
- Hm.
Although I did stop by at your home before coming here.
It's a pretty impressive place.
You've really made a life for yourself here.
Hm.
Careful not to lose it.
HUBBUB LOW CHATTER I'm so sorry.
This is embarrassing.
Um my car, it won't start.
And I need to call my office.
I don't have a phone.
- Not very professional, hm? - I know.
I'm I'm new.
Could I borrow yours? - What?! - I know we're on opposite sides, but we're both still human beings, right? Otherwise, I'll be tagging around with you all day.
I can give you five, five euros.
PHONE RINGS - Ennis.
- Hey, it's me.
He called someone the moment I left.
I've texted you a number.
- TEXT ALER - Yeah, got it! OK, I'll see if I can get you a name.
- BEEP! - I have a Michael Ennis on the phone.
Put him through.
PHONE RINGS Yep? - Are you hands-free? - Yep.
- You're not hands-free.
- No.
His name is Tat Picot.
He's DGSE.
He's French Secret Service.
Lieutenant Makuze? Who wants to know? My name's Kate Ashby, I work for Alice Munezero's legal team.
You're down as a key prosecution witness.
I've just been speaking with Tat Picot.
I thought it was really interesting, what he had to say, and I just wondered what you thought about it all, and how you feel about the risks.
If you spoke with Tat Picot So you do know him.
And now he will know you.
Won't that be cosy? WHIRRING SHE GRUNTS SHE HYPERVENTILATES WHIRRING SHE SHRIEKS SHE GASPS FOR BREATH SHE SIGHS What the fuck am I doing? POUNDING HEARTBEA
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