Silk s01e02 Episode Script
Episode 2
You knew you were going to cut my throat.
Doing my job, representing my client, reading the brief.
Don't take it personally, Martha.
Where would we all be if we took things personally? - You're Martha Costello.
- I'm not representing you.
No, I'm your new pupil.
I'm the other new pupil, Niamh.
Well, shouldn't we shake hands or something? Billy said this judge might be a reference for my silk application.
He said that to me, too.
- We can't both ask him.
- Let's see how we go, shall we? Do you think she'll get silk? Yes.
You tell me you didn't do this and I will fight for you.
USHER: Do you find the defendant guilty or not guilty? Not guilty.
Yes! DODD: He stole my medal! (SIGHING) Oh.
(PHONE RINGING) Hello? Billy.
Yeah, I'm fine.
Yeah.
I'm coming in now.
- (PHONES RINGING) - Hi.
Yeah, yeah, I'll hold.
Yeah, can I make an appointment? Doesn't matter which doctor.
- RECEPTIONIST: Can I take a name? - (KNOCK ON DOOR) - Miss.
- What is it? - Rape.
- Uh, I don't do rape.
- The process is unfair to victims.
- Exactly.
Rules of evidence are unjust and wrong.
- So? - So What do the panel who are looking at your silk application make of that? "She's a great applicant.
We need more women.
"But there is one whole part of the criminal justice system "she wants to kick in our face.
"Do we want that? Do we like being kicked in the face?" If you get silk, they cannot touch you.
Do only the work you want to do, but you have to get it first.
- (SIGHING) - (CLERKS TALKING ON PHONES) Oh! It's the whole thing, okay? It's the way some police treat women alleging rape.
Like the way they get cross-examined about what they were wearing, how much they'd had to drink, how they were asking for it.
Anything else? The cross-examination of rape victims' sexual history.
The fact that only six percent of all reported rapes end in conviction.
I mean, how would you do if some barrister took you through your entire sex life in front of a courtroom full of people? - I was in a band, so I - Oh, it's not funny, Nick.
No.
(MARTHA SIGHING) But you're doing this trial.
Why is that? Why don't you go make friends with Niamh? Women do make it up, though.
It does happen.
I mean, forget trials and rules of evidence and conviction rates and whatever, that Women do invent rapes that never happened.
Billy, what's this? - It's rape, sir.
- No, I don't prosecute.
How many rape prosecutions make it all the home to a guilty verdict? - What are you saying? - Almost none.
Win a rape trial in front of the most influential judge in the southeastern circuit and you go straight to silk.
- Do not pass go.
- What makes you think it's winnable? What, you mean apart from the sympathy from the women in the jury? Women on juries don't like rape victims.
Not for the victim, for the prosecutor.
There's only one thing that women find more attractive than a handsome man in uniform, that's a wounded handsome man in uniform.
- Yeah, but - Jimmy! New job.
You are now Mr.
Reader's bag man.
You will follow him one step behind, carrying all his gear every step of the way.
Do you want to run a tab? - No, just two glasses.
- Okay.
(CLIENTELE CHATTERING, INDISTINCT) Cheers.
(WHISTLES) Thanks.
Have you ever had sex with someone and not really wanted to? - What? - You know, sometimes afterwards, you wish you hadn't.
What about before or during? - What is this? - Just looking for the boundary.
When does sex become rape? When does yes become no? I think men know when the other party is consenting.
Even if the woman is not actually saying "no" out loud, you know, I think it's there.
Absence of consent.
And if the guy isn't sure, well, he should find out.
(SCOFFING) What, like, "Are you consenting?" How sexy is that? Are you saying you've had experience of this, Nick? Haven't you? Haven't we all, sort of? - Not me.
- CLIVE: Excuse me.
- Hello, Niamh.
- Hey.
- Hello! - Mind if I - Could you Thanks.
- Yeah, of course.
- (QUIETLY) Why don't you go away? - What? Before I call the police and have you nicked for the theft of some very expensive champagne.
So smile, look at me like you love me and then leave.
Look, um, I've got to go.
- Oh? - Oh.
Yeah.
Sorry, I'll see you later.
Bye.
- You all right? - No, I lost a trial today.
An innocent man is starting an eight-year prison sentence and he was fitted up by Surrey Police.
Postcode justice, Niamh.
Guildford juries believe everything police officers tell them.
Are you always upset when you lose? Ten years ago this week, I was doing a death row appeal from Antigua.
Their lordships on the Privy Council decided that my client, hating the conditions on death row so much he wanted to die, and that he was rational and reasoned, and not delusional and psychotic, as we were trying to argue.
The appeal failed? They executed him.
They had to build their own coffins in the corridors outside their cells.
(SIGHING) He asked me to be there when they It was (SIGHING) Anyway.
How are you, Niamh? How's it going? Yes, hello.
Sorry, I called earlier.
I wanted to make an appointment.
No, no, no, no.
Yeah, I had to hang up.
Well, couldn't you turn the computer back on? It wouldn't be that difficult, would it? Actually, it's going to be a problem.
You need to call back in the morning.
Okay, okay.
Um, well, can you tell me what time you open in the morning? - We open at 8:00.
- Thank you.
(PHONE RINGING) Hello? Hello? (HANGING UP PHONE) (THE BALLAD OF LUCYJORDAN BY MARIANNE FAITHFULL PLAYING) (NIAMH LAUGHING) Why are you laughing? Very grown-up, pouring me a drink from a drinks cabinet.
Ice? - (CHUCKLING) - You laughing at me? No.
It's my favourite book.
I used to think my dad was Atticus Finch.
Well, Gregory Peck, actually.
"He turned out the light and went into Jem's room.
"He would be there all night, "and he would be there when Jem waked up in the morning.
" (CLOCK BEEPING) (DIALLING) (BUSY TONE) (PHONE BEEPS, DIALS AGAIN) - (BUSY TONE) - (SIGHS) (PHONE RINGING) Can you get that? Hello? - Looks like the Reader scored again! - (ALL CHEER) Sorry about that.
Sorry, is Mr.
Reader there, by any chance? - ALL: Good morning, miss! - Cheers, bye.
Did he do the death row thing? I suppose you could say it's his word against hers.
"You raped me.
" "Oh, no, I didn't.
" "Oh, yes, you did.
" But the thing about non-stranger rape is that what it really comes down to is brief against brief.
You against me, Marth.
You look a bit uncomfortable with that white ribbon round your brief.
Mr.
Human Rights prosecuting? Yeah, well, rape's different.
I'm going to see the victim.
Complainant, not victim.
When you've had 15 years at the bar, I might be interested in your opinion.
Right now, you don't exist.
You coming? Or would it be too difficult for you to look her in the eye? I can trust you, can't I? Not to coach her, Clive.
Look, we both know you don't want to be doing this, but picking a fight with me won't help you feel better about it.
Sacrificing principle for ambition is never going to feel good, Martha, however you dress it up.
Hello, Niamh.
- How is she? - Not good.
Have we met before? Bow Street Magistrates Court.
You cross-examined me into the ground.
- Oh, did I? God.
What was it? - Careless driving.
Oh, right.
So it's not the end of the world, then.
Well, it was my first time so it felt like the end of the world, really.
- Sorry.
- Glad to see you've crossed over.
You're on the side of the angels now.
Um What's he like? - Who? - His barrister.
She.
He's a she.
God knows I understand how hard it'll be to go in there and relive what you've been through.
But if I had to choose anyone to cross-examine you, it would be Martha Costello.
- So you've seen her in court before? - We're in chambers together.
It's a small world, the criminal bar.
I know Martha well enough to be clear about one thing.
She won't go for you.
Her heart isn't in it.
The bottom line with defendants in rape, if you're ugly and dirty, you go down.
If you're good-looking and clean, you get off.
How do you know? I thought you didn't do rape.
Oh, I've read about it.
I've written about it.
One way or another, without actually doing one, I've done a lot of rape.
Handsome and washed gets you a not guilty.
Oh, shit.
Steve Clarke, solicitor's rep.
This is Alan Bradley.
Martha Costello.
Great.
Excellent.
She won't go through with it.
She's here, she's at court and she's got plenty of support.
It feels odd talking about it like this.
I actually want there to be a trial, so I can prove my innocence.
You don't have to prove anything.
It's for the prosecution to prove your guilt.
Well, you'll do more than that, won't you? What do you mean? You sound like it's a case of sitting back and seeing if the prosecution get home or not.
A bit passive.
You know your way around the criminal justice system.
I went to bar school.
Right.
And? - I didn't make it.
- Right.
What's he like? The prosecuting counsel.
Good-looking, clean.
He's a good advocate.
(CLEARING THROAT) She won't say it because she's not like that.
Martha Costello's brilliant.
Can I ask a difficult question? What are my chances? Predicting which way a jury's going to go is never a good idea.
Sorry.
Unfair question.
Thank you.
I didn't do this.
I could never do a thing like this.
NICK: 50-50.
Interesting.
Mmm, interesting.
Ten years if he goes down for this.
And a nonce label in prison.
Interesting.
So do you believe him? I didn't say that.
I don't know.
- Normally? - Normally? You know, normally, it's very clear whether the client is guilty or not.
How many clients are? I don't know, about 80%.
And sometimes more.
It's very rare that you get to represent an innocent man.
Would it make it better if you knew he hadn't done this? Yes.
What, and the 80% that you know are guilty, you just get on with it? Nick, this is my first rape, okay? It's new for me, too.
So you pull out all the stops for the 80% because they deserve to be represented properly, yeah? And everyone's innocent until proven guilty.
What was it you said? Four words to live by.
Is Alan Bradley any different? If you go easy on her, if you don't go for her in the witness box, then? - Then he'll get ten years.
- Do you know what I think? - There you go.
- I think there's rape and there's rape.
Violent stranger rape at one end of the spectrum - and this, right at the other end.
- Thanks, Nick.
Um, go through the unused for me.
If there's anything there, I need to know by tomorrow morning.
I need to do an advice of evidence.
Who for? Life at the bar, Nick.
Don't sleep, live on your nerves, never say no.
"I have been advised by my legal representative "to answer 'no comment' to all questions asked of me "during the course of this interview.
" These are the only words spoken by the defendant at his police station interview.
You will hear evidence that the defendant, Alan Bradley, made a note of these words in advance, which he then read out, ten seconds or so of pre-prepared setting out his position.
Annie Laidlaw was raped by this man.
Annie Laidlaw spent two days in the police station, giving her account of what happened.
In great detail.
Blow by blow, again and again, she describes to the police what this man did to her.
It's my client's right to remain silent, as my learned friend well knows.
And the last time I looked, it was still okay for people in police stations to take advice from their solicitors.
I will be telling the jury about whether they can infer anything from the defendant's silence, Miss Costello.
Now, this isn't a four-in-the-morning dark alleyway case.
No hand-over-the-mouthness.
It's not even nighttime when this rape happens.
Alan Bradley and Annie Laidlaw were boyfriend and girlfriend until recently.
Nearly always, rape victims and rapists know each other.
Now, wherever it happens, penetration without consent is a terrible crime.
And one from which it's very, very hard to recover.
When it happens in your own home, when the rapist is someone you thought you could trust (CLEARING THROAT) Sorry, excuse me.
someone you thought you could trust, it's unforgivable.
You should stop that.
Bad for your health, apparently.
Thanks, Clive.
I've always worried about you smoking.
You didn't mean a word of that opening.
Be a bit weird if we meant everything we said every time we appeared in court, wouldn't it? The, er sip of water, catch in the voice.
(CHUCKLING) Do me a favour, Clive.
Well, correct me if I'm wrong, but you'll be faking it when you cross-examine poor Annie, won't you? And you'll be calling her Annie and it'll all be done more in sorrow than in anger, - till you stick the stiletto in.
- I don't wear stilettos, ever.
Look, we've got to spend a week together, Martha.
Let's not spoil it by getting all complicated.
You said yes to the brief.
You could have said no.
Armed robbery is not very nice, either.
Are you all complicated about armed robbery? I'm not playing, Clive.
I'm not going to do knockabout psycho robing room games with you.
Look, one thing, the way I see it, my job prosecuting is just to be fair.
Great.
Now, I know you don't like defending rapes, - so it's especially incumbent on me - (MOBILE RINGING) to make sure that this defendant gets a fair crack of the whip.
How dare you? Billy! Yeah.
Oh, right, great.
- Mummy and Daddy arguing again? - (CHUCKLING) Drink later? I've got to look through the unused tonight.
Yeah, me too.
Why don't why divvy it up? Half each.
Share any findings, halve the time.
Okay.
- Has he said anything about me? - No.
Nothing about what happened? He wouldn't, I suppose, not to his pupil.
Professional distance and all that.
How are you getting on with Martha? Uh I'm totally in love with her.
Uh, one more thing.
First appearance, Old Street Magistrates, send one of the pupils, will you? No, I don't care which one of them goes, just whoever it is, tell them to get a move on and call me en route.
Thank you.
Uh, Billy needs a new pupil down at Old Street.
- Did he say who? - Yes, he did.
Niamh.
Good luck.
Really good luck.
BILLY: First appearance.
Burglary.
- Okay.
- Isn't there something you need to know? (CHUCKLING) His name, maybe? Rush.
Gary Rush.
Okay, got it.
(CLEARING THROAT) - What's that? - Hockey stick.
- Hockey? - Yeah.
- You play hockey? - Yes.
This is a clerks' room.
If you want to do sport, there's table football in the basement or William Hill round the corner.
Jesus Christ.
Hockey? Oh, I've seen it all now.
All right, I am off to lunch.
It's half past 11.
Yeah, well, the bigger the solicitor, the longer the lunch.
He'd lived with you for a year.
- You trusted him.
- Yes.
So how did it make you feel, that he'd done this to you? Dirty, humiliated.
Sometimes when I can't sleep, I Well, I don't sleep any more.
I wish I was dead.
(PEOPLE MURMURING) All yours.
Were you pleased to see Alan Bradley when he came round that afternoon? Not really.
And did you know who it was before you answered the door? ANNIE: Through the glass I could see I could see him.
What were you wearing? A towel.
It was wrapped around.
I'd just been in the shower.
Anything else? And my my pants.
Did you ask him to wait outside while you got dressed? No.
- Why not? - Don't know.
How long were you boyfriend and girlfriend for? Three years.
- And you loved him? - Sort of.
Do you want to think about that answer? (CLEARING THROAT) "I love you.
You are my everything.
" Do you recognise these? Yes.
Who wrote them? I did.
They're Valentine cards.
Were you lying when you wrote them? No.
Oh, well "I love you, sort of"? "You are my everything, sort of"? You're under oath, Annie.
You have to do this truthfully.
That is all I want.
Look, I know what you're doing.
You're pretending to be on my side.
I'm not that clever, Annie.
- He said you wouldn't go for me.
- Who did? Mr.
Reader.
Did he? And what else did he say? He said your heart wasn't in it.
Why was he at your house? He had come to pick up a few of his things.
And who called who to make the arrangement? I called him.
- And did you arrange a time? - 4:00.
- And what time did he arrive? - 4:00.
Why were you in the shower at the time you knew he would be arriving? Well, how did my pants get ripped, hmm? How did that happen? Is that true? Your heart isn't in it? It's not about where my heart is.
It's what I say in there that counts and that comes from up here.
You're holding back, though.
You're not doing it in there.
- It's not a good idea - Her sexual history.
You haven't touched it.
The jury probably think I was her first boyfriend.
Look, I don't want to go to prison.
I know what happens to convicted rapists inside.
And what she's doing to me Look, I don't care how I get off.
She's lying and you need to make really sure this jury know that.
- Alan - Please.
No offence, but don't "Alan" me.
I'm not your friend.
I'm your client.
And I need more from you than you're giving.
Tactically, it's not good to rough her up more than we've done already.
This is not about tactics, though.
This is about you being soft.
Listen to me.
My advice is that it is counter-productive.
How many women on the jury? Seven.
All the statistics say women jurors don't like promiscuous women.
He knows that.
Am I wrong? Am I? (SIGHING) I hate doing this.
I really do.
This is not who I am.
But I don't have a choice, do I? I'll tell you why her pants were ripped.
And then my instructions are very clear.
Go for her.
Makes it kind of easier, doesn't it? Don't you ever, ever do that again.
- What? - Side with a client against my advice.
- What would your answer have been? - (SIGHING) Instructions are instructions, aren't they? He listened to your advice and he told you what he wants.
You can't say no even if you wanted to.
I forgot how simple everything looks when you're 21.
BILLY: Don't do anything.
No bail-out, nothing.
In-out, seven-day remand.
- Got it? - Yes.
What's he charged with? Burglary! Remember, pay attention.
This isn't any old burglar.
Gary Rush is a horrible burglar with pages of form.
And he's an important client.
Here we are.
And you, miss, are lovely and talented, but very young.
So don't try and walk before you can crawl and waste a bail application, all right? Good girl.
- Who are you? - Niamh.
Niamh Cranitch.
Get me out of here, Niamh Cranitch.
- Make a bail application? - No, plan an escape.
What do you think? (INDISTINCT CHATTER) Um, Gary Rush.
Burglary.
No previous on Rush.
MAN: I really need to get him out.
Can I have it now, please? Just - Gary Rush.
- Yes, are you making a bail app? Well, what do you think I should do? I don't know.
I'll ask Clive.
No, no, don't ask Clive.
He'll think I don't know what I'm doing.
(LAUGHING) You don't.
Give me a minute.
I'll call you back.
She doesn't have to tell the prosecution they've got the wrong man's previous.
She can't lie about it directly, but there's no requirement to draw anyone's attention to it.
All right, thanks.
I'll call her back.
- Uh, uh, who's the client? - Didn't ask.
Where did the rape happen? - In my house.
- Yes, where? - Upstairs.
- Yes, where? - In my bedroom.
- And how did you get to your bedroom? He, uh, just came up with me.
- So you went upstairs together? - Yes, you know we did.
It's not about me, Annie.
We all make mistakes.
You shouldn't have slept with Alan Bradley after your relationship was over.
But it's what we do with our mistakes that counts.
That's what really matters.
And crying rape, alleging this crime against this man No, no, I didn't sleep with him.
He raped me.
I haven't made a mistake.
No, you're right.
You haven't, have you? Miss Costello.
In the bedroom, you were going to get dressed in front of him.
You were going to take the towel you were wearing off in front of him.
- I didn't think about it.
- Yes, you did.
You thought about it very carefully.
And that's why I'm wrong about you making a mistake.
What? Going upstairs.
You or him first? Me.
And sorry, can you remind me why you put your pants on? To be decent when I answered the door.
So what happened? I'm sorry, I don't understand the question.
To decency.
Did you think walking upstairs in a towel and knickers with this man behind you was decent? This has nothing to do with what actually happened.
- You're twisting things.
- I don't do that.
I'm not like that, Annie.
This is not about you, Miss Costello.
- You missed him, didn't you? - No.
You were lonely and you wanted him back.
He has a place to live, he's very keen, passionate, really, about proving his innocence.
And so he would never jump bail because he wants to come to court and well, prove his innocence.
Stand up, Mr.
Rush.
I've listened to this application very carefully.
And I've decided to grant bail.
Where are you from? Camden.
Oh, sorry.
Shoe Lane, Shoe Lane Chambers.
Say hello to Martha Costello.
Tell her she's the girl for me.
I will.
Yes, Dr.
Arnold, 5:30 tonight.
Thank you.
- Make the application.
- What? The jury need to know her sexual history.
No.
Tell me the jury won't be more likely to acquit if they know she slept around.
I'm not making the application to the judge.
I'm going to do it my way.
I know what she's doing in there.
You liked it rough.
- That was your thing, wasn't it? - What? JUDGE: I think you need to spell it out, Miss Costello.
What it was she liked rough.
You liked Alan Bradley to treat you roughly when you were having sex.
No.
My God, no.
That's why your pants were ripped.
He knew from your previous sex life together that that's what you wanted.
No.
Never.
And that's why you selected the pants you were wearing under the towel when you answered the door to him.
No, please.
When did you make your complaint to the police? Did you report it straight away? - No.
- That evening? No.
What time do you normally arrive at school in the morning? And the morning after you say you were raped, what time did you get to school then? - 7:30.
(SNIFFLING) - Oh, so the normal time.
- Feeling dirty and humiliated? - Yes.
And is it right you went out at lunchtime to get a sandwich? Yes.
MARTHA: And that was with your best friend, who is also a teacher at the school.
ANNIE: Yeah, Sally.
MARTHA: What did you talk about? ANNIE: Um, Sally had a new haircut.
It was short.
And, um, we talked about whether it looked better.
- Did it? - Yes.
- Did you tell her that? - Yes.
Did you tell her you'd been raped? - No.
- Why not? She's your closest friend.
Why did it take you eight days to tell anyone? I I didn't think anyone would believe me.
So, you're asking this jury to believe that you were raped and then led a completely normal life for a whole week before getting round to telling the police? Well, why would I make it up? Why would I do that? He held your wrists.
With both of his hands? Yes.
And then he forced me back onto the bed and he held me there.
So, I couldn't move and - He didn't cover your mouth? - No.
So, you didn't shout? - Did you scream? - I couldn't.
It would've been the easiest thing in the world, to shout for help at the top of your voice.
Your neighbours would've heard you.
What was stopping you? His face, the way he was looking at me.
I thought he wanted to kill me.
You didn't shout because there was no rape.
You invited Alan Bradley round to your house to have sex with him.
You consented.
You more than consented.
You planned the whole thing.
- But it didn't work, did it? - What? He'd left you.
That's what you couldn't bear.
And it's your hurt and anger that has brought about you making these false and malicious allegations against this man.
This might be a good point to adjourn for the day.
USHER: All rise.
(PEOPLE MURMURING) How is she? What do you care? - How do you think she is? - I'm doing my job.
- Obeying orders? - No.
Taking instructions and putting them to the witness.
Well, she won't sleep tonight.
How about you? (SIGHING) I want it to stop.
Now.
- I can't go on.
- Okay.
(DOOR OPENING) She wants to throw the towel in.
(SIGHING) I can't communicate in any way with Annie halfway through her evidence.
It's against all the rules.
I'm not one of those zealous prosecutor types, Wendy.
- Do you mind me calling you Wendy? - No.
Winning or losing really doesn't matter to me, personally, but for her To have done the hard part and stood up in the witness box, it's so brave.
And to throw it all away now! If I were you, I'd go back in there and tell her that she'll regret this for the rest of her life if she gives up now.
(DOOR OPENING) How's life at the criminal bar? Fine.
So, Abortion Act, 1967.
It was David Steel's bill, did you know that? You need the say-so of two doctors based on proper enquiry into the state of mind of the patient.
I know.
Luckily, the world of medicine and the world of law have simplified things over the years.
Yes.
So, let's book you in, shall we? - Good lunch? - Beautiful.
This land of ours.
Shakespeare was here, you know.
Thank you.
QE1 and QE2 both here.
Rumpole was here.
This is England.
- Are you drunk? - 14 murders in the last year, three six-month frauds and all the footballers go to him.
Ah, I want a word with you.
He drinks a lot.
And if it's going to get us the quality of work that we want, I have to stay with him.
Put it this way, miss, my liver is the price I pay for your career.
We had a meeting booked in, you and me, three hours ago.
- Ah.
What about? - My career.
- And who paid for lunch? - I did.
- You mean Chambers did.
- (SIGHING) - What? - Miss Cranitch.
You did exactly what I told you not to do.
- I got bail.
- You couldn't have known you'd get bail.
- I do like a bit of gumption, though.
- Gumption.
Brilliant, well done, miss.
- What does gumption mean, Jake? - (CLEARS THROAT) - Thanks for that.
- Your mate, Gary Rush, - has turned up for more.
- Yeah, he said to say hello.
CLERK: Hello, Shoe Lane Chambers.
You all right, miss? - Can we talk? - Sure.
About what? About a present I've been given.
Yeah.
Let's have a drink in ten minutes.
I'll come and get you.
- Thank you.
- Yeah.
(CLEARING THROAT) (SOFTLY) "Why am I doing this? I feel so guilty.
" What? "Why am I doing this? I feel so guilty.
" It's what Annie said to the Sexual Offences Investigation team a week after she was raped.
- What's the context? - Well, there isn't any, really.
It's just, it's the only thing that's recorded for that day.
- Does Martha know about this? - Nick's looking.
- Damn! - But not at this, he won't see this.
- How do you know? - Well, we agreed to share it.
You know, we'd share anything that we found.
- He's looking at the other half.
- Don't tell him.
- We agreed that we - That's his problem.
- Clive, I can't - Did you tell the prosecution about Gary Rush's real previous convictions today or not? Drink? Sorry, I didn't mean to disturb.
- No, you're not.
- Sure? Yeah, I'm just - I'm off, actually.
- Okay.
- Half your age? - I know.
(PHONE RINGING) (DOOR OPENING) Sorry! - You okay? - Yes.
No.
Have you got a moment, Martha? He's a man of principle, isn't he? I mean, he's a good man.
He's your pupil master, Niamh.
It's wrong.
It won't end well.
I'm scared he'll make it count against me if I put a stop to it now.
No, no, no.
Wrong way round.
I'd be worried he won't support your candidacy if you carry on.
He knows it's against the rules.
And quite soon, that will work its way to the front of his brain.
He won't want a reminder of that every day in Chambers - for the rest of his career.
- You're assuming that he doesn't want What, to form a loving, stable relationship with his pupil? - You don't like him, do you? - Hmm.
He's got form, Niamh.
Trust me.
I am right.
Don't start your life at the bar like this.
Thank you.
- Something else you should know.
- Blimey.
Confession, confession.
No, it's about the trial.
Found something.
(MURMURING) My God! You ready, miss? I'll just get my stuff.
Thank you.
(SIGHING) KATE: You're underestimated here.
We don't like seeing it.
Thanks, miss.
Is that all? Some of us have been thinking.
I know you're forward-looking enough to understand where the criminal bar is heading.
We need to modernise.
But Billy We're not sure how he fits in to modern life.
What are you saying, miss? It's all a bit delicate, so let me just say this to you.
There are plenty of us here in chambers who trust and respect you and that will be reflected in all our thinking, whatever happens.
Yeah, fine.
I wish you hadn't said that.
- Said what? - "Some of us have been thinking.
" And thanks for including me without asking.
Excuse me.
You don't think our senior clerk pissing away chambers money on liquid lunches about five times a week is a problem? He's romancing solicitors.
- What can I get you? - Merlot, please.
When was the last time he sat down with you and talked about your practice? - All the time! - All the time? He tells you he loves you, and you're his boy and we're all his family.
- And all that half-baked Mafia nonsense.
- Anything for you? Can I have a rosé, please? Thanks.
And what about chambers accounts? Do you trust that man with money? What are you actually saying? I don't want a senior clerk who loves me.
I want somebody who works a 12-hour day and who pays attention to the development of my career.
Why are you scared of him? You haven't answered my question.
I think we should ask Billy to move upstairs.
Consultant clerk.
(SCOFFING) He'd never say yes to that.
His pride wouldn't let him.
Exactly.
Okay, listen to me.
There will be nothing on that medal to link Gary Rush to it and nobody can identify him delivering it to chambers.
The fact that it appeared in your pigeonhole is evidence of nothing.
So, if you go to the police, they'll pay him a visit because they don't like him.
He'll know that you've told the Old Bill, nothing will come of it and he'll spread it round that we're cosy with coppers.
So, you do nothing.
Take my advice on this.
(SIGHING) You're not drinking? Mid-rape? No.
What were Kate and John doing sitting in my room? - When? - Just now.
- You off home, John? - Huh? Uh Hockey training.
Where were you when Sean Kerly won Olympic gold for Great Britain? (SCOFFING) I thought you didn't What? Know anything about hockey? Never underestimate what I know, John.
You see, the thing about Sean Kerly, apart from his, well, unbelievable skill, was that he could really look after himself.
- You know what I mean? - Mmm.
No one ever messed with Sean.
- Hmm.
I'll see you later, John.
- Yeah.
Oh, John, have you seen Kate this evening? No.
No.
- Good night, John.
- Night.
(PHONE RINGING) Hello? Hello? (HANGS UP) (BANGING ON DOOR) Billy.
I won't come in.
I just wanted to say, 'cause it doesn't get said often enough, that you are a brilliant woman and you love me.
- Don't you mean you love me? - No.
(LAUGHING) You could have told me on the phone.
Well, I spend my life on the phone.
Sometimes I miss human contact.
Bit weird to hang up, though.
- What? - You called just now.
Why would I do that? I'm here.
Morning, miss.
Beautiful day.
- Ah! Morning, John.
- Good morning.
- Beautiful day.
- Yeah.
You and Billy in the bar last night.
Bit intense looking.
Gary Rush, my aggravated burglar, and the medal he stole from an 85-year-old man's house.
- What about it? - I've got it.
He, or someone, delivered it to Chambers the evening after the trial finished.
Have you been to the police? What did Billy say? Interesting unused.
- Who told you? - Not you.
- Which is unethical, in my book.
- (SIGHING) - What are you going to do? - Tell the judge.
No, don't do that! - Why not? - Because it'll blow my silk application out of the water.
Oh, putting ambition before principle is never going to feel very good, Clive, however you dress it up.
Just use it.
Just use the material and you'll kill her with it.
Or are you too soft to go for the jugular? (SIGHING) Why did you keep condoms in your bedroom drawer? That's obvious, isn't it? Did you have sex with other men between your break-up with Alan Bradley and the alleged offence? - No.
- Where is this going? He was the only one for you.
Look.
They were just there, the condoms.
You didn't use a condom that afternoon - because you wanted to get pregnant.
- No.
You wanted to trap him back into a relationship with you.
(STAMMERING) No, I didn't use contraception because he did what he did against my will.
I'm telling the truth.
You're the liar here, not me.
Miss Costello.
Once you start not telling the truth, it gets harder and harder to stop.
Dishonesty has its own momentum.
And once it becomes a story, it is impossible to pull back.
I'm not lying.
"Why am I doing this? "I feel so guilty.
" Remember, that's you.
Yeah.
(WEEPING) Annie? I'm sorry.
I'm so, so sorry.
I have to finish this now.
I know.
It's all right.
I know how this can happen.
I really do.
Oh, do you? Well, what would you do? What would any of you do? Would you keep a baby if the father raped you? (PEOPLE MURMURING) Miss Costello.
(SIGHING) I told them a story, Nick.
- What? - The jury.
I told them Annie wanted a baby to get Alan back.
Martha But it didn't come from anything in the evidence.
- Not really.
- Well It didn't even come from his instructions.
Alan Bradley didn't say to us, "This was about her trapping me back into a relationship.
" I mean, how could he? It was my story.
It's not like you just plucked it out of nowhere.
- It was based on lots of evidence - She's telling the truth.
You believe her? Yes.
Look, as a barrister, you have to shape things, you know, give them, you know, coherence.
Something for the jury to follow, don't you? Otherwise, what are we for, then? It'd just be his word against hers every time.
- And we'd be out of a job.
- (CHUCKLING) Yeah.
How do you know she's telling the truth? This is not about me.
This is about who the jury believes.
You're putting him in the witness box? I have a new girlfriend.
We're very happy.
Why would I want to rape Annie? Why would I do that? Do you love your new girlfriend? Yes.
And yet you're prepared to cheat on her.
Did you lie to her about where you were going that Sunday afternoon? Yes.
Sorry.
Why? (STAMMERING) I don't know.
Were you planning on sleeping with Annie? - No.
- Then why lie? I don't I don't know.
Did you lie when you got back, about where you'd been? Yes.
- And who you'd been with? - Yes.
So, you're a cheat and a liar.
Mr.
Bradley? You have to answer the question, Mr.
Bradley.
Yes.
Let's be straight.
Let's put away tricks and storytelling and courtroom skills.
Re-examination only on issues arising out of cross-examination.
I want you to do something that I've never asked anyone in the witness box to do before.
Look at me.
Do you understand what rape is? Yes.
Was Annie Laidlaw consenting when you had sex with her? - Yes.
- No! Answer this.
Did you rape Annie Laidlaw? - No.
- He raped me.
Look at the jury.
Did you rape Annie Laidlaw? No.
Look at Annie.
(SOBBING QUIETLY) Did you rape her? - No.
- Yes.
(PEOPLE WHISPERING) Verdict? USHER: All rise.
Will the defendant please stand? JUDGE: Have you reached a verdict upon which all of you are agreed? Yes.
Do you find the defendant guilty or not guilty of rape? Not guilty.
(SOBBING) Excuse me.
(SIGHING SOFTLY) - What's he doing here? - He's your 5:00.
Come on miss, - he wouldn't have anyone else.
- No.
- Miss.
- Not now, Billy.
- What did Billy say about the medal? - He said do nothing.
CLERK: Max, did you get a call from a Miss Fahy? - Good result today, miss.
- I'll see you, Billy.
- All right, miss? - You know who you are, don't you? Judy Garland.
Out there on stage and everybody loves you.
But when the applause is over, what is there? You go home, to what? But there is a difference.
Judy Garland had some bastard feeding her pills, so she could go over the rainbow night after night.
You have got me.
Tomorrow.
Night-night.
All right, Floyd, let's wrap it up.
Now, she is a workhorse.
She'll go out there and do all the ugly things for you.
Late return, Martha'll step in.
From ABH to USI, Martha Costello is your girl.
So, are we supporting her for silk now? What happens to a workhorse when they get silk? They become a racehorse and racehorses don't race every day.
It's not good for us and it's not good for her.
No, she won't cope with that.
She needs to be working, like she needs to breathe.
- Clive? - Arkle, Desert Orchid, Red Rum.
Clive Reader.
(BRING IT ON HOME TO ME BY SAM COOKE PLAYING) (SOBBING) He's 16 years old, his mother is dead and he wants to say goodbye to her.
It's been two years trying to get him away from his pimp.
- So you're co-defending with Niamh? - Yeah.
They'll send a member of chambers down to get a look at rival pupils in court.
You're in a contest.
- Where's your brief? - It's being biked.
You haven't read it? - I can't go back inside.
- I know.
I will not just stand there and let a child disappear from view as if he never existed.
You will.
You'll have to.
Doing my job, representing my client, reading the brief.
Don't take it personally, Martha.
Where would we all be if we took things personally? - You're Martha Costello.
- I'm not representing you.
No, I'm your new pupil.
I'm the other new pupil, Niamh.
Well, shouldn't we shake hands or something? Billy said this judge might be a reference for my silk application.
He said that to me, too.
- We can't both ask him.
- Let's see how we go, shall we? Do you think she'll get silk? Yes.
You tell me you didn't do this and I will fight for you.
USHER: Do you find the defendant guilty or not guilty? Not guilty.
Yes! DODD: He stole my medal! (SIGHING) Oh.
(PHONE RINGING) Hello? Billy.
Yeah, I'm fine.
Yeah.
I'm coming in now.
- (PHONES RINGING) - Hi.
Yeah, yeah, I'll hold.
Yeah, can I make an appointment? Doesn't matter which doctor.
- RECEPTIONIST: Can I take a name? - (KNOCK ON DOOR) - Miss.
- What is it? - Rape.
- Uh, I don't do rape.
- The process is unfair to victims.
- Exactly.
Rules of evidence are unjust and wrong.
- So? - So What do the panel who are looking at your silk application make of that? "She's a great applicant.
We need more women.
"But there is one whole part of the criminal justice system "she wants to kick in our face.
"Do we want that? Do we like being kicked in the face?" If you get silk, they cannot touch you.
Do only the work you want to do, but you have to get it first.
- (SIGHING) - (CLERKS TALKING ON PHONES) Oh! It's the whole thing, okay? It's the way some police treat women alleging rape.
Like the way they get cross-examined about what they were wearing, how much they'd had to drink, how they were asking for it.
Anything else? The cross-examination of rape victims' sexual history.
The fact that only six percent of all reported rapes end in conviction.
I mean, how would you do if some barrister took you through your entire sex life in front of a courtroom full of people? - I was in a band, so I - Oh, it's not funny, Nick.
No.
(MARTHA SIGHING) But you're doing this trial.
Why is that? Why don't you go make friends with Niamh? Women do make it up, though.
It does happen.
I mean, forget trials and rules of evidence and conviction rates and whatever, that Women do invent rapes that never happened.
Billy, what's this? - It's rape, sir.
- No, I don't prosecute.
How many rape prosecutions make it all the home to a guilty verdict? - What are you saying? - Almost none.
Win a rape trial in front of the most influential judge in the southeastern circuit and you go straight to silk.
- Do not pass go.
- What makes you think it's winnable? What, you mean apart from the sympathy from the women in the jury? Women on juries don't like rape victims.
Not for the victim, for the prosecutor.
There's only one thing that women find more attractive than a handsome man in uniform, that's a wounded handsome man in uniform.
- Yeah, but - Jimmy! New job.
You are now Mr.
Reader's bag man.
You will follow him one step behind, carrying all his gear every step of the way.
Do you want to run a tab? - No, just two glasses.
- Okay.
(CLIENTELE CHATTERING, INDISTINCT) Cheers.
(WHISTLES) Thanks.
Have you ever had sex with someone and not really wanted to? - What? - You know, sometimes afterwards, you wish you hadn't.
What about before or during? - What is this? - Just looking for the boundary.
When does sex become rape? When does yes become no? I think men know when the other party is consenting.
Even if the woman is not actually saying "no" out loud, you know, I think it's there.
Absence of consent.
And if the guy isn't sure, well, he should find out.
(SCOFFING) What, like, "Are you consenting?" How sexy is that? Are you saying you've had experience of this, Nick? Haven't you? Haven't we all, sort of? - Not me.
- CLIVE: Excuse me.
- Hello, Niamh.
- Hey.
- Hello! - Mind if I - Could you Thanks.
- Yeah, of course.
- (QUIETLY) Why don't you go away? - What? Before I call the police and have you nicked for the theft of some very expensive champagne.
So smile, look at me like you love me and then leave.
Look, um, I've got to go.
- Oh? - Oh.
Yeah.
Sorry, I'll see you later.
Bye.
- You all right? - No, I lost a trial today.
An innocent man is starting an eight-year prison sentence and he was fitted up by Surrey Police.
Postcode justice, Niamh.
Guildford juries believe everything police officers tell them.
Are you always upset when you lose? Ten years ago this week, I was doing a death row appeal from Antigua.
Their lordships on the Privy Council decided that my client, hating the conditions on death row so much he wanted to die, and that he was rational and reasoned, and not delusional and psychotic, as we were trying to argue.
The appeal failed? They executed him.
They had to build their own coffins in the corridors outside their cells.
(SIGHING) He asked me to be there when they It was (SIGHING) Anyway.
How are you, Niamh? How's it going? Yes, hello.
Sorry, I called earlier.
I wanted to make an appointment.
No, no, no, no.
Yeah, I had to hang up.
Well, couldn't you turn the computer back on? It wouldn't be that difficult, would it? Actually, it's going to be a problem.
You need to call back in the morning.
Okay, okay.
Um, well, can you tell me what time you open in the morning? - We open at 8:00.
- Thank you.
(PHONE RINGING) Hello? Hello? (HANGING UP PHONE) (THE BALLAD OF LUCYJORDAN BY MARIANNE FAITHFULL PLAYING) (NIAMH LAUGHING) Why are you laughing? Very grown-up, pouring me a drink from a drinks cabinet.
Ice? - (CHUCKLING) - You laughing at me? No.
It's my favourite book.
I used to think my dad was Atticus Finch.
Well, Gregory Peck, actually.
"He turned out the light and went into Jem's room.
"He would be there all night, "and he would be there when Jem waked up in the morning.
" (CLOCK BEEPING) (DIALLING) (BUSY TONE) (PHONE BEEPS, DIALS AGAIN) - (BUSY TONE) - (SIGHS) (PHONE RINGING) Can you get that? Hello? - Looks like the Reader scored again! - (ALL CHEER) Sorry about that.
Sorry, is Mr.
Reader there, by any chance? - ALL: Good morning, miss! - Cheers, bye.
Did he do the death row thing? I suppose you could say it's his word against hers.
"You raped me.
" "Oh, no, I didn't.
" "Oh, yes, you did.
" But the thing about non-stranger rape is that what it really comes down to is brief against brief.
You against me, Marth.
You look a bit uncomfortable with that white ribbon round your brief.
Mr.
Human Rights prosecuting? Yeah, well, rape's different.
I'm going to see the victim.
Complainant, not victim.
When you've had 15 years at the bar, I might be interested in your opinion.
Right now, you don't exist.
You coming? Or would it be too difficult for you to look her in the eye? I can trust you, can't I? Not to coach her, Clive.
Look, we both know you don't want to be doing this, but picking a fight with me won't help you feel better about it.
Sacrificing principle for ambition is never going to feel good, Martha, however you dress it up.
Hello, Niamh.
- How is she? - Not good.
Have we met before? Bow Street Magistrates Court.
You cross-examined me into the ground.
- Oh, did I? God.
What was it? - Careless driving.
Oh, right.
So it's not the end of the world, then.
Well, it was my first time so it felt like the end of the world, really.
- Sorry.
- Glad to see you've crossed over.
You're on the side of the angels now.
Um What's he like? - Who? - His barrister.
She.
He's a she.
God knows I understand how hard it'll be to go in there and relive what you've been through.
But if I had to choose anyone to cross-examine you, it would be Martha Costello.
- So you've seen her in court before? - We're in chambers together.
It's a small world, the criminal bar.
I know Martha well enough to be clear about one thing.
She won't go for you.
Her heart isn't in it.
The bottom line with defendants in rape, if you're ugly and dirty, you go down.
If you're good-looking and clean, you get off.
How do you know? I thought you didn't do rape.
Oh, I've read about it.
I've written about it.
One way or another, without actually doing one, I've done a lot of rape.
Handsome and washed gets you a not guilty.
Oh, shit.
Steve Clarke, solicitor's rep.
This is Alan Bradley.
Martha Costello.
Great.
Excellent.
She won't go through with it.
She's here, she's at court and she's got plenty of support.
It feels odd talking about it like this.
I actually want there to be a trial, so I can prove my innocence.
You don't have to prove anything.
It's for the prosecution to prove your guilt.
Well, you'll do more than that, won't you? What do you mean? You sound like it's a case of sitting back and seeing if the prosecution get home or not.
A bit passive.
You know your way around the criminal justice system.
I went to bar school.
Right.
And? - I didn't make it.
- Right.
What's he like? The prosecuting counsel.
Good-looking, clean.
He's a good advocate.
(CLEARING THROAT) She won't say it because she's not like that.
Martha Costello's brilliant.
Can I ask a difficult question? What are my chances? Predicting which way a jury's going to go is never a good idea.
Sorry.
Unfair question.
Thank you.
I didn't do this.
I could never do a thing like this.
NICK: 50-50.
Interesting.
Mmm, interesting.
Ten years if he goes down for this.
And a nonce label in prison.
Interesting.
So do you believe him? I didn't say that.
I don't know.
- Normally? - Normally? You know, normally, it's very clear whether the client is guilty or not.
How many clients are? I don't know, about 80%.
And sometimes more.
It's very rare that you get to represent an innocent man.
Would it make it better if you knew he hadn't done this? Yes.
What, and the 80% that you know are guilty, you just get on with it? Nick, this is my first rape, okay? It's new for me, too.
So you pull out all the stops for the 80% because they deserve to be represented properly, yeah? And everyone's innocent until proven guilty.
What was it you said? Four words to live by.
Is Alan Bradley any different? If you go easy on her, if you don't go for her in the witness box, then? - Then he'll get ten years.
- Do you know what I think? - There you go.
- I think there's rape and there's rape.
Violent stranger rape at one end of the spectrum - and this, right at the other end.
- Thanks, Nick.
Um, go through the unused for me.
If there's anything there, I need to know by tomorrow morning.
I need to do an advice of evidence.
Who for? Life at the bar, Nick.
Don't sleep, live on your nerves, never say no.
"I have been advised by my legal representative "to answer 'no comment' to all questions asked of me "during the course of this interview.
" These are the only words spoken by the defendant at his police station interview.
You will hear evidence that the defendant, Alan Bradley, made a note of these words in advance, which he then read out, ten seconds or so of pre-prepared setting out his position.
Annie Laidlaw was raped by this man.
Annie Laidlaw spent two days in the police station, giving her account of what happened.
In great detail.
Blow by blow, again and again, she describes to the police what this man did to her.
It's my client's right to remain silent, as my learned friend well knows.
And the last time I looked, it was still okay for people in police stations to take advice from their solicitors.
I will be telling the jury about whether they can infer anything from the defendant's silence, Miss Costello.
Now, this isn't a four-in-the-morning dark alleyway case.
No hand-over-the-mouthness.
It's not even nighttime when this rape happens.
Alan Bradley and Annie Laidlaw were boyfriend and girlfriend until recently.
Nearly always, rape victims and rapists know each other.
Now, wherever it happens, penetration without consent is a terrible crime.
And one from which it's very, very hard to recover.
When it happens in your own home, when the rapist is someone you thought you could trust (CLEARING THROAT) Sorry, excuse me.
someone you thought you could trust, it's unforgivable.
You should stop that.
Bad for your health, apparently.
Thanks, Clive.
I've always worried about you smoking.
You didn't mean a word of that opening.
Be a bit weird if we meant everything we said every time we appeared in court, wouldn't it? The, er sip of water, catch in the voice.
(CHUCKLING) Do me a favour, Clive.
Well, correct me if I'm wrong, but you'll be faking it when you cross-examine poor Annie, won't you? And you'll be calling her Annie and it'll all be done more in sorrow than in anger, - till you stick the stiletto in.
- I don't wear stilettos, ever.
Look, we've got to spend a week together, Martha.
Let's not spoil it by getting all complicated.
You said yes to the brief.
You could have said no.
Armed robbery is not very nice, either.
Are you all complicated about armed robbery? I'm not playing, Clive.
I'm not going to do knockabout psycho robing room games with you.
Look, one thing, the way I see it, my job prosecuting is just to be fair.
Great.
Now, I know you don't like defending rapes, - so it's especially incumbent on me - (MOBILE RINGING) to make sure that this defendant gets a fair crack of the whip.
How dare you? Billy! Yeah.
Oh, right, great.
- Mummy and Daddy arguing again? - (CHUCKLING) Drink later? I've got to look through the unused tonight.
Yeah, me too.
Why don't why divvy it up? Half each.
Share any findings, halve the time.
Okay.
- Has he said anything about me? - No.
Nothing about what happened? He wouldn't, I suppose, not to his pupil.
Professional distance and all that.
How are you getting on with Martha? Uh I'm totally in love with her.
Uh, one more thing.
First appearance, Old Street Magistrates, send one of the pupils, will you? No, I don't care which one of them goes, just whoever it is, tell them to get a move on and call me en route.
Thank you.
Uh, Billy needs a new pupil down at Old Street.
- Did he say who? - Yes, he did.
Niamh.
Good luck.
Really good luck.
BILLY: First appearance.
Burglary.
- Okay.
- Isn't there something you need to know? (CHUCKLING) His name, maybe? Rush.
Gary Rush.
Okay, got it.
(CLEARING THROAT) - What's that? - Hockey stick.
- Hockey? - Yeah.
- You play hockey? - Yes.
This is a clerks' room.
If you want to do sport, there's table football in the basement or William Hill round the corner.
Jesus Christ.
Hockey? Oh, I've seen it all now.
All right, I am off to lunch.
It's half past 11.
Yeah, well, the bigger the solicitor, the longer the lunch.
He'd lived with you for a year.
- You trusted him.
- Yes.
So how did it make you feel, that he'd done this to you? Dirty, humiliated.
Sometimes when I can't sleep, I Well, I don't sleep any more.
I wish I was dead.
(PEOPLE MURMURING) All yours.
Were you pleased to see Alan Bradley when he came round that afternoon? Not really.
And did you know who it was before you answered the door? ANNIE: Through the glass I could see I could see him.
What were you wearing? A towel.
It was wrapped around.
I'd just been in the shower.
Anything else? And my my pants.
Did you ask him to wait outside while you got dressed? No.
- Why not? - Don't know.
How long were you boyfriend and girlfriend for? Three years.
- And you loved him? - Sort of.
Do you want to think about that answer? (CLEARING THROAT) "I love you.
You are my everything.
" Do you recognise these? Yes.
Who wrote them? I did.
They're Valentine cards.
Were you lying when you wrote them? No.
Oh, well "I love you, sort of"? "You are my everything, sort of"? You're under oath, Annie.
You have to do this truthfully.
That is all I want.
Look, I know what you're doing.
You're pretending to be on my side.
I'm not that clever, Annie.
- He said you wouldn't go for me.
- Who did? Mr.
Reader.
Did he? And what else did he say? He said your heart wasn't in it.
Why was he at your house? He had come to pick up a few of his things.
And who called who to make the arrangement? I called him.
- And did you arrange a time? - 4:00.
- And what time did he arrive? - 4:00.
Why were you in the shower at the time you knew he would be arriving? Well, how did my pants get ripped, hmm? How did that happen? Is that true? Your heart isn't in it? It's not about where my heart is.
It's what I say in there that counts and that comes from up here.
You're holding back, though.
You're not doing it in there.
- It's not a good idea - Her sexual history.
You haven't touched it.
The jury probably think I was her first boyfriend.
Look, I don't want to go to prison.
I know what happens to convicted rapists inside.
And what she's doing to me Look, I don't care how I get off.
She's lying and you need to make really sure this jury know that.
- Alan - Please.
No offence, but don't "Alan" me.
I'm not your friend.
I'm your client.
And I need more from you than you're giving.
Tactically, it's not good to rough her up more than we've done already.
This is not about tactics, though.
This is about you being soft.
Listen to me.
My advice is that it is counter-productive.
How many women on the jury? Seven.
All the statistics say women jurors don't like promiscuous women.
He knows that.
Am I wrong? Am I? (SIGHING) I hate doing this.
I really do.
This is not who I am.
But I don't have a choice, do I? I'll tell you why her pants were ripped.
And then my instructions are very clear.
Go for her.
Makes it kind of easier, doesn't it? Don't you ever, ever do that again.
- What? - Side with a client against my advice.
- What would your answer have been? - (SIGHING) Instructions are instructions, aren't they? He listened to your advice and he told you what he wants.
You can't say no even if you wanted to.
I forgot how simple everything looks when you're 21.
BILLY: Don't do anything.
No bail-out, nothing.
In-out, seven-day remand.
- Got it? - Yes.
What's he charged with? Burglary! Remember, pay attention.
This isn't any old burglar.
Gary Rush is a horrible burglar with pages of form.
And he's an important client.
Here we are.
And you, miss, are lovely and talented, but very young.
So don't try and walk before you can crawl and waste a bail application, all right? Good girl.
- Who are you? - Niamh.
Niamh Cranitch.
Get me out of here, Niamh Cranitch.
- Make a bail application? - No, plan an escape.
What do you think? (INDISTINCT CHATTER) Um, Gary Rush.
Burglary.
No previous on Rush.
MAN: I really need to get him out.
Can I have it now, please? Just - Gary Rush.
- Yes, are you making a bail app? Well, what do you think I should do? I don't know.
I'll ask Clive.
No, no, don't ask Clive.
He'll think I don't know what I'm doing.
(LAUGHING) You don't.
Give me a minute.
I'll call you back.
She doesn't have to tell the prosecution they've got the wrong man's previous.
She can't lie about it directly, but there's no requirement to draw anyone's attention to it.
All right, thanks.
I'll call her back.
- Uh, uh, who's the client? - Didn't ask.
Where did the rape happen? - In my house.
- Yes, where? - Upstairs.
- Yes, where? - In my bedroom.
- And how did you get to your bedroom? He, uh, just came up with me.
- So you went upstairs together? - Yes, you know we did.
It's not about me, Annie.
We all make mistakes.
You shouldn't have slept with Alan Bradley after your relationship was over.
But it's what we do with our mistakes that counts.
That's what really matters.
And crying rape, alleging this crime against this man No, no, I didn't sleep with him.
He raped me.
I haven't made a mistake.
No, you're right.
You haven't, have you? Miss Costello.
In the bedroom, you were going to get dressed in front of him.
You were going to take the towel you were wearing off in front of him.
- I didn't think about it.
- Yes, you did.
You thought about it very carefully.
And that's why I'm wrong about you making a mistake.
What? Going upstairs.
You or him first? Me.
And sorry, can you remind me why you put your pants on? To be decent when I answered the door.
So what happened? I'm sorry, I don't understand the question.
To decency.
Did you think walking upstairs in a towel and knickers with this man behind you was decent? This has nothing to do with what actually happened.
- You're twisting things.
- I don't do that.
I'm not like that, Annie.
This is not about you, Miss Costello.
- You missed him, didn't you? - No.
You were lonely and you wanted him back.
He has a place to live, he's very keen, passionate, really, about proving his innocence.
And so he would never jump bail because he wants to come to court and well, prove his innocence.
Stand up, Mr.
Rush.
I've listened to this application very carefully.
And I've decided to grant bail.
Where are you from? Camden.
Oh, sorry.
Shoe Lane, Shoe Lane Chambers.
Say hello to Martha Costello.
Tell her she's the girl for me.
I will.
Yes, Dr.
Arnold, 5:30 tonight.
Thank you.
- Make the application.
- What? The jury need to know her sexual history.
No.
Tell me the jury won't be more likely to acquit if they know she slept around.
I'm not making the application to the judge.
I'm going to do it my way.
I know what she's doing in there.
You liked it rough.
- That was your thing, wasn't it? - What? JUDGE: I think you need to spell it out, Miss Costello.
What it was she liked rough.
You liked Alan Bradley to treat you roughly when you were having sex.
No.
My God, no.
That's why your pants were ripped.
He knew from your previous sex life together that that's what you wanted.
No.
Never.
And that's why you selected the pants you were wearing under the towel when you answered the door to him.
No, please.
When did you make your complaint to the police? Did you report it straight away? - No.
- That evening? No.
What time do you normally arrive at school in the morning? And the morning after you say you were raped, what time did you get to school then? - 7:30.
(SNIFFLING) - Oh, so the normal time.
- Feeling dirty and humiliated? - Yes.
And is it right you went out at lunchtime to get a sandwich? Yes.
MARTHA: And that was with your best friend, who is also a teacher at the school.
ANNIE: Yeah, Sally.
MARTHA: What did you talk about? ANNIE: Um, Sally had a new haircut.
It was short.
And, um, we talked about whether it looked better.
- Did it? - Yes.
- Did you tell her that? - Yes.
Did you tell her you'd been raped? - No.
- Why not? She's your closest friend.
Why did it take you eight days to tell anyone? I I didn't think anyone would believe me.
So, you're asking this jury to believe that you were raped and then led a completely normal life for a whole week before getting round to telling the police? Well, why would I make it up? Why would I do that? He held your wrists.
With both of his hands? Yes.
And then he forced me back onto the bed and he held me there.
So, I couldn't move and - He didn't cover your mouth? - No.
So, you didn't shout? - Did you scream? - I couldn't.
It would've been the easiest thing in the world, to shout for help at the top of your voice.
Your neighbours would've heard you.
What was stopping you? His face, the way he was looking at me.
I thought he wanted to kill me.
You didn't shout because there was no rape.
You invited Alan Bradley round to your house to have sex with him.
You consented.
You more than consented.
You planned the whole thing.
- But it didn't work, did it? - What? He'd left you.
That's what you couldn't bear.
And it's your hurt and anger that has brought about you making these false and malicious allegations against this man.
This might be a good point to adjourn for the day.
USHER: All rise.
(PEOPLE MURMURING) How is she? What do you care? - How do you think she is? - I'm doing my job.
- Obeying orders? - No.
Taking instructions and putting them to the witness.
Well, she won't sleep tonight.
How about you? (SIGHING) I want it to stop.
Now.
- I can't go on.
- Okay.
(DOOR OPENING) She wants to throw the towel in.
(SIGHING) I can't communicate in any way with Annie halfway through her evidence.
It's against all the rules.
I'm not one of those zealous prosecutor types, Wendy.
- Do you mind me calling you Wendy? - No.
Winning or losing really doesn't matter to me, personally, but for her To have done the hard part and stood up in the witness box, it's so brave.
And to throw it all away now! If I were you, I'd go back in there and tell her that she'll regret this for the rest of her life if she gives up now.
(DOOR OPENING) How's life at the criminal bar? Fine.
So, Abortion Act, 1967.
It was David Steel's bill, did you know that? You need the say-so of two doctors based on proper enquiry into the state of mind of the patient.
I know.
Luckily, the world of medicine and the world of law have simplified things over the years.
Yes.
So, let's book you in, shall we? - Good lunch? - Beautiful.
This land of ours.
Shakespeare was here, you know.
Thank you.
QE1 and QE2 both here.
Rumpole was here.
This is England.
- Are you drunk? - 14 murders in the last year, three six-month frauds and all the footballers go to him.
Ah, I want a word with you.
He drinks a lot.
And if it's going to get us the quality of work that we want, I have to stay with him.
Put it this way, miss, my liver is the price I pay for your career.
We had a meeting booked in, you and me, three hours ago.
- Ah.
What about? - My career.
- And who paid for lunch? - I did.
- You mean Chambers did.
- (SIGHING) - What? - Miss Cranitch.
You did exactly what I told you not to do.
- I got bail.
- You couldn't have known you'd get bail.
- I do like a bit of gumption, though.
- Gumption.
Brilliant, well done, miss.
- What does gumption mean, Jake? - (CLEARS THROAT) - Thanks for that.
- Your mate, Gary Rush, - has turned up for more.
- Yeah, he said to say hello.
CLERK: Hello, Shoe Lane Chambers.
You all right, miss? - Can we talk? - Sure.
About what? About a present I've been given.
Yeah.
Let's have a drink in ten minutes.
I'll come and get you.
- Thank you.
- Yeah.
(CLEARING THROAT) (SOFTLY) "Why am I doing this? I feel so guilty.
" What? "Why am I doing this? I feel so guilty.
" It's what Annie said to the Sexual Offences Investigation team a week after she was raped.
- What's the context? - Well, there isn't any, really.
It's just, it's the only thing that's recorded for that day.
- Does Martha know about this? - Nick's looking.
- Damn! - But not at this, he won't see this.
- How do you know? - Well, we agreed to share it.
You know, we'd share anything that we found.
- He's looking at the other half.
- Don't tell him.
- We agreed that we - That's his problem.
- Clive, I can't - Did you tell the prosecution about Gary Rush's real previous convictions today or not? Drink? Sorry, I didn't mean to disturb.
- No, you're not.
- Sure? Yeah, I'm just - I'm off, actually.
- Okay.
- Half your age? - I know.
(PHONE RINGING) (DOOR OPENING) Sorry! - You okay? - Yes.
No.
Have you got a moment, Martha? He's a man of principle, isn't he? I mean, he's a good man.
He's your pupil master, Niamh.
It's wrong.
It won't end well.
I'm scared he'll make it count against me if I put a stop to it now.
No, no, no.
Wrong way round.
I'd be worried he won't support your candidacy if you carry on.
He knows it's against the rules.
And quite soon, that will work its way to the front of his brain.
He won't want a reminder of that every day in Chambers - for the rest of his career.
- You're assuming that he doesn't want What, to form a loving, stable relationship with his pupil? - You don't like him, do you? - Hmm.
He's got form, Niamh.
Trust me.
I am right.
Don't start your life at the bar like this.
Thank you.
- Something else you should know.
- Blimey.
Confession, confession.
No, it's about the trial.
Found something.
(MURMURING) My God! You ready, miss? I'll just get my stuff.
Thank you.
(SIGHING) KATE: You're underestimated here.
We don't like seeing it.
Thanks, miss.
Is that all? Some of us have been thinking.
I know you're forward-looking enough to understand where the criminal bar is heading.
We need to modernise.
But Billy We're not sure how he fits in to modern life.
What are you saying, miss? It's all a bit delicate, so let me just say this to you.
There are plenty of us here in chambers who trust and respect you and that will be reflected in all our thinking, whatever happens.
Yeah, fine.
I wish you hadn't said that.
- Said what? - "Some of us have been thinking.
" And thanks for including me without asking.
Excuse me.
You don't think our senior clerk pissing away chambers money on liquid lunches about five times a week is a problem? He's romancing solicitors.
- What can I get you? - Merlot, please.
When was the last time he sat down with you and talked about your practice? - All the time! - All the time? He tells you he loves you, and you're his boy and we're all his family.
- And all that half-baked Mafia nonsense.
- Anything for you? Can I have a rosé, please? Thanks.
And what about chambers accounts? Do you trust that man with money? What are you actually saying? I don't want a senior clerk who loves me.
I want somebody who works a 12-hour day and who pays attention to the development of my career.
Why are you scared of him? You haven't answered my question.
I think we should ask Billy to move upstairs.
Consultant clerk.
(SCOFFING) He'd never say yes to that.
His pride wouldn't let him.
Exactly.
Okay, listen to me.
There will be nothing on that medal to link Gary Rush to it and nobody can identify him delivering it to chambers.
The fact that it appeared in your pigeonhole is evidence of nothing.
So, if you go to the police, they'll pay him a visit because they don't like him.
He'll know that you've told the Old Bill, nothing will come of it and he'll spread it round that we're cosy with coppers.
So, you do nothing.
Take my advice on this.
(SIGHING) You're not drinking? Mid-rape? No.
What were Kate and John doing sitting in my room? - When? - Just now.
- You off home, John? - Huh? Uh Hockey training.
Where were you when Sean Kerly won Olympic gold for Great Britain? (SCOFFING) I thought you didn't What? Know anything about hockey? Never underestimate what I know, John.
You see, the thing about Sean Kerly, apart from his, well, unbelievable skill, was that he could really look after himself.
- You know what I mean? - Mmm.
No one ever messed with Sean.
- Hmm.
I'll see you later, John.
- Yeah.
Oh, John, have you seen Kate this evening? No.
No.
- Good night, John.
- Night.
(PHONE RINGING) Hello? Hello? (HANGS UP) (BANGING ON DOOR) Billy.
I won't come in.
I just wanted to say, 'cause it doesn't get said often enough, that you are a brilliant woman and you love me.
- Don't you mean you love me? - No.
(LAUGHING) You could have told me on the phone.
Well, I spend my life on the phone.
Sometimes I miss human contact.
Bit weird to hang up, though.
- What? - You called just now.
Why would I do that? I'm here.
Morning, miss.
Beautiful day.
- Ah! Morning, John.
- Good morning.
- Beautiful day.
- Yeah.
You and Billy in the bar last night.
Bit intense looking.
Gary Rush, my aggravated burglar, and the medal he stole from an 85-year-old man's house.
- What about it? - I've got it.
He, or someone, delivered it to Chambers the evening after the trial finished.
Have you been to the police? What did Billy say? Interesting unused.
- Who told you? - Not you.
- Which is unethical, in my book.
- (SIGHING) - What are you going to do? - Tell the judge.
No, don't do that! - Why not? - Because it'll blow my silk application out of the water.
Oh, putting ambition before principle is never going to feel very good, Clive, however you dress it up.
Just use it.
Just use the material and you'll kill her with it.
Or are you too soft to go for the jugular? (SIGHING) Why did you keep condoms in your bedroom drawer? That's obvious, isn't it? Did you have sex with other men between your break-up with Alan Bradley and the alleged offence? - No.
- Where is this going? He was the only one for you.
Look.
They were just there, the condoms.
You didn't use a condom that afternoon - because you wanted to get pregnant.
- No.
You wanted to trap him back into a relationship with you.
(STAMMERING) No, I didn't use contraception because he did what he did against my will.
I'm telling the truth.
You're the liar here, not me.
Miss Costello.
Once you start not telling the truth, it gets harder and harder to stop.
Dishonesty has its own momentum.
And once it becomes a story, it is impossible to pull back.
I'm not lying.
"Why am I doing this? "I feel so guilty.
" Remember, that's you.
Yeah.
(WEEPING) Annie? I'm sorry.
I'm so, so sorry.
I have to finish this now.
I know.
It's all right.
I know how this can happen.
I really do.
Oh, do you? Well, what would you do? What would any of you do? Would you keep a baby if the father raped you? (PEOPLE MURMURING) Miss Costello.
(SIGHING) I told them a story, Nick.
- What? - The jury.
I told them Annie wanted a baby to get Alan back.
Martha But it didn't come from anything in the evidence.
- Not really.
- Well It didn't even come from his instructions.
Alan Bradley didn't say to us, "This was about her trapping me back into a relationship.
" I mean, how could he? It was my story.
It's not like you just plucked it out of nowhere.
- It was based on lots of evidence - She's telling the truth.
You believe her? Yes.
Look, as a barrister, you have to shape things, you know, give them, you know, coherence.
Something for the jury to follow, don't you? Otherwise, what are we for, then? It'd just be his word against hers every time.
- And we'd be out of a job.
- (CHUCKLING) Yeah.
How do you know she's telling the truth? This is not about me.
This is about who the jury believes.
You're putting him in the witness box? I have a new girlfriend.
We're very happy.
Why would I want to rape Annie? Why would I do that? Do you love your new girlfriend? Yes.
And yet you're prepared to cheat on her.
Did you lie to her about where you were going that Sunday afternoon? Yes.
Sorry.
Why? (STAMMERING) I don't know.
Were you planning on sleeping with Annie? - No.
- Then why lie? I don't I don't know.
Did you lie when you got back, about where you'd been? Yes.
- And who you'd been with? - Yes.
So, you're a cheat and a liar.
Mr.
Bradley? You have to answer the question, Mr.
Bradley.
Yes.
Let's be straight.
Let's put away tricks and storytelling and courtroom skills.
Re-examination only on issues arising out of cross-examination.
I want you to do something that I've never asked anyone in the witness box to do before.
Look at me.
Do you understand what rape is? Yes.
Was Annie Laidlaw consenting when you had sex with her? - Yes.
- No! Answer this.
Did you rape Annie Laidlaw? - No.
- He raped me.
Look at the jury.
Did you rape Annie Laidlaw? No.
Look at Annie.
(SOBBING QUIETLY) Did you rape her? - No.
- Yes.
(PEOPLE WHISPERING) Verdict? USHER: All rise.
Will the defendant please stand? JUDGE: Have you reached a verdict upon which all of you are agreed? Yes.
Do you find the defendant guilty or not guilty of rape? Not guilty.
(SOBBING) Excuse me.
(SIGHING SOFTLY) - What's he doing here? - He's your 5:00.
Come on miss, - he wouldn't have anyone else.
- No.
- Miss.
- Not now, Billy.
- What did Billy say about the medal? - He said do nothing.
CLERK: Max, did you get a call from a Miss Fahy? - Good result today, miss.
- I'll see you, Billy.
- All right, miss? - You know who you are, don't you? Judy Garland.
Out there on stage and everybody loves you.
But when the applause is over, what is there? You go home, to what? But there is a difference.
Judy Garland had some bastard feeding her pills, so she could go over the rainbow night after night.
You have got me.
Tomorrow.
Night-night.
All right, Floyd, let's wrap it up.
Now, she is a workhorse.
She'll go out there and do all the ugly things for you.
Late return, Martha'll step in.
From ABH to USI, Martha Costello is your girl.
So, are we supporting her for silk now? What happens to a workhorse when they get silk? They become a racehorse and racehorses don't race every day.
It's not good for us and it's not good for her.
No, she won't cope with that.
She needs to be working, like she needs to breathe.
- Clive? - Arkle, Desert Orchid, Red Rum.
Clive Reader.
(BRING IT ON HOME TO ME BY SAM COOKE PLAYING) (SOBBING) He's 16 years old, his mother is dead and he wants to say goodbye to her.
It's been two years trying to get him away from his pimp.
- So you're co-defending with Niamh? - Yeah.
They'll send a member of chambers down to get a look at rival pupils in court.
You're in a contest.
- Where's your brief? - It's being biked.
You haven't read it? - I can't go back inside.
- I know.
I will not just stand there and let a child disappear from view as if he never existed.
You will.
You'll have to.