Kavanagh QC (1995) s01e03 Episode Script
A Family Affair
1 One, two, three, four, five four, five.
One, two, three Take your marks! Set Go! (Shouts of encouragement) Come on.
Come here.
Get in the car.
You can't leave your car there! Do you want this? Just hold on a minute.
Sir'? Don't worry, Peter.
Everything's going to be all right now, I promise you.
Now, there are going to be a lot of press but you don't have to say anything.
All questions to me.
I'm his solicitor.
REPORTER: Peter, over here.
Mr.
Duggan - Where have you been in hiding, Mr.
Duggan'? - There's no need for this.
He's giving himself up.
Why did you kidnap your son, Mr.
Duggan? It's the law that kidnaps, not me.
Just remember everything I said and we'll be together again.
- You promise? - I promise.
POLICEMAN: Come on, let's go.
Everything I did, I did for my son! REPORTER: Have you heard from your wife? Ask him who he wants to be with! Hold on.
I love my son! I want justice! I did it for him! You lying bastard! In considering the appropriate sentence, I would ask the Court to bear in mind that Mr.
Duggan gave himself up to the authorities and subsequently cooperated fully with the police.
I am also instructed to inform Your Honour of the background to this unhappy case.
Following the irretrievable breakdown of his parents' marriage, Peter Duggan remained in the care of his father for two years until his mother's remarriage, when she successfully applied for a residence order.
Michael Duggan was further upset by what he saw as the deliberate sabotage by his former wife of what little contact with Peter was left to him.
And increasingly convinced that his son was deeply unhappy, Michael Duggan took the law into his own hands.
Michael Duggan, I have read the Social Inquiry reports and listened carefully to Mr.
Kavanagh's plea on your behalf.
You are a successful businessman of ability and intelligence, and your previous good character inclines me toward lenience.
However, while I accept that there is a complex and troubled background to this case, the Family Division has made its decision and you are bound to abide by its terms, no matter what your opinion of them may be.
Your behaviour was reckless in the extreme and it is surely the supreme irony that in taking this action, supposedly on your son's behalf, you actually exposed him to a great emotional trauma and a very real physical danger.
Well, eight months.
That's about the best we could have hoped for.
He'll be out in four.
My money was on a year.
The softball bat didn't help.
I don't think the thought of prison bothers him that much.
It's um you know, not being with Peter that really tears him up.
Maybe the time inside will help him get things in perspective.
- I wish I thought so.
- Just leave it, Terry! He will never see that boy again.
Tell him that, Simmons, huh? - Terry! - Tell him that! (Alarm beeps) (Classical music on radio) (Beeping and music off) Who set this alarm? I did.
Lizzie, it's only six o'clock.
I know.
It means we've got more time.
Time for what? Remember when we were first married, we used to set the alarm early so that we could (Chuckles) Yes, I remember.
Well I thought it was time that we revived an old tradition.
You are a very decadent woman, Lizzie Kavanagh.
(Lizzie giggles) (Hums merrily) You ought to be careful, Dad, at your time of life.
What? You could do yourself an injury.
Oh, gross! At their age.
You wouldn't think they'd be interested any more.
Interested in what? Nothing.
(Doorbell) Thank you.
Darling! Parcel for you.
See what it is, would you? I'm late.
- Ma, what is it? - Er, it's nothing, darling.
Um I think your father must be going through a phase.
(Orgasmic grunting and groaning from TV) (Knock at door) - Hello, Peter.
- James.
Oh, the Crown & Drake, I take it? Good heavens! I'd no idea that was technically possible.
What can I do for you? Oh, it's nothing that can't wait.
I hear they're going for an artistic defence.
Hardly Lady Chatterley, though, is it? - No.
(Knock at door) One thing I've always admired about you, Jim.
Your complete dedication to mastering a brief.
Perhaps one should say, in this case, lack of briefs.
I can send out for popcorn, if you like.
No, not really staying (Knock at door) - Come in, Tom.
Join the party! Debbie Drake.
What a trooper! Familiar with her work, are you'? Yeah, I've run across her once or twice when she was still stripping at stag do's.
You're more likely to find her on the Guardian Women's Page these days.
If you want my opinion, sir, it's all a bit of harmless fun.
I'm afraid the DPP don't agree with you.
And after a couple of hours of this, fun isn't how I'd describe it, either.
It does seem a trifle repetitive.
Do you have a second, Jim? Oh Sorry.
(Sighs) Boys.
Why? It's a free country! (Boys all shout) Fight, fight, fight, fight! All right.
Adams, go to the headmaster's study.
I'll speak to you later.
Come on.
BOY: Bad luck, mate.
They're applying to sever all contact.
What does that mean? Well, exactly what it sounds like.
If they win, then you don't see Peter again.
- She might as well just kill me! - Look, we'll fight it.
There's no date for the hearing, and there is still an excellent chance that we can get something out of this.
Saturday afternoons at the zoo with a social worker in tow? No.
Don't think so, Judy.
I held him in my arms when he was tiny and helpless.
I watched him take his first steps, terrified in case he fell.
I've tried to protect him from a thousand dangers, and now this.
I'll do whatever is within my power - to maintain some sort of contact.
- I don't want contact.
I want him to live with me, where he belongs.
But you know that just isn't going to happen.
Why not? She was the one who jumped into bed with another man.
She didn't give a damn about Peter when she ran off with Fisher.
And then she just waltzes back into my life and steals him from me! I want Peter at home with me, where he belongs.
Michael, you have to face reality.
A cross application for residence from you right now just is not likely to succeed.
- We can win this time.
- You have no grounds for saying that.
There's something else.
What? (Sighs) I wanted to spare him this but while Peter and I were alone he tried to tell me something.
Why didn't you mention this before? What something? Judy, I think they've given my son to a monster.
I didn't expect to see you prosecuting in a porn case, Mr.
Kavanagh.
- Oh, why's that? - Well, you know Growing up in the '60s Hair, the O2 trial and all that.
Is there any more, Mr.
s.
Kavanagh? Believe it or not, I'd already grown up in the '60s.
Of course, Luke.
- You'd think he hadn't eaten for weeks.
- He's a growing boy.
Well, let his own family feed him, then.
It's like having the Russian Army camped out in the fridge.
You're exaggerating because you don't like him.
What makes you think that? You wouldn't like any boy who went out with your baby daughter.
The problem is, Jim, she's not a baby any more.
I want you to stay very calm.
Kate's just asked if Luke can stay the night with her.
Huh! No chance! - What are you doing? - I am calling a minicab.
Jim, we are going to have to face this inevitability sooner or later.
Maybe.
But not in my house and not now.
She's still at school! She's nearly 18.
And at least she's being honest and upfront about it.
So am I.
No, I'm sorry, Lizzie, it is not on.
Kate Deborah Mary Drake, you are charged with having an obscene article for publication for gain contrary to Section 2, Subsection 1 of the Obscene Publications Act 1959.
And with sending a postal packet enclosing an indecent, or obscene print, painting, photograph, lithograph or film.
How do you plead? Guilty or not guilty? Not guilty.
My inquiries led me to believe that the address 74 Woodland Avenue, Hendon, is a centre for the production and distribution of pornographic material.
What action did you take as a result of your inquiries? I obtained a warrant to search the property.
And what did you find? Film-making equipment, cameras, lights, video reproduction facilities, and a very substantial quantity of video cassettes which I would describe as hard-core pornography of a particularly explicit kind.
- Mr.
s.
Duggan? - Fisher.
- It's Fisher now.
- Oh, yes.
I'm sorry.
My name is Helen Wilkes.
This is Police Constable Darley.
Is Mr.
Fisher in? Not right now.
I represent the Social Services department of the local authority.
I wonder if I might have a word? A word? What about? Perhaps it might be easier if we talked inside.
It's as safe a seat as one's likely to find these days.
They've returned a Tory every election for the last 40 years.
So the chosen one Is on his way to the House.
Absolutely.
It's a wonderful opportunity, Jeremy.
Though, we'd be sorry to lose your services.
- However briefly.
- Not too briefly.
One has ambitions.
I've no doubt you're destined for high office.
Thank you, Peter.
Thank you very much.
One must negotiate the first fence before thinking about Becher's.
After all, I haven't got the nomination yet.
I am quite sure it's in the bag.
Oh, my God.
It's Michael.
He's behind this, isn't he? Yes, there's been a referral from Peter's father Can't you see he would say anything to get Peter away from us? He's lying.
I can assure you, Mr.
s.
Fisher, we never act without careful consideration of the whole picture.
Our first duty is to protect Peter.
Protect him from who, for God's sake? Mr.
Duggan has stated that Peter told him he was being sexually abused by his stepfather, Terry Fisher.
Peter.
Professor Dixon, what is your opinion of Deborah Drake's work? I think it's fascinating.
She's making a very strong statement about male sexuality.
You see, straight pornography is about the objectification and, ultimately, the degradation of women.
Drake's work uses pornographic imagery to explore ideas of female empowerment.
In my view it contains a valuable critique of gender roles.
The material in question is uncommonly graphic.
Yes, but the explicitness, or obscenity, if we must use that word, is absolutely vital to the overall analysis.
Thank you, Professor.
Professor Dixon, isn't it true that the typical customer for these films would have little or no awareness of the finer qualities you detect in them? I don't know who you mean by typical.
But I think anyone looking for straight pornography would have a pretty uncomfortable time.
They're certainly not a titillating experience.
But are you seriously telling us that these films are art? I believe that her video work is exploring an important dialectic.
There's a strong aesthetic at work here.
Forgive me, Professor, but was that yes or no? There is a serious artistic intent.
Is this, or is it not, an? Yes.
I think it is.
Tea? Under the terms of the Children Act of 1989, we have an absolute duty to act where there is a risk of significant harm to the child.
We will have to ask Peter to take pan in a disclosure interview.
- I want to be there when you talk to him.
- I'm afraid that isn't possible.
- Believe me, it's it's not a frightening process.
- This is a nightmare.
I can't believe you'd pay any attention to a convicted criminal! How much more pain is Michael going to cause us? It isn't just Mr.
Duggan's accusation.
There's the whole pattern of Peter's behaviour to consider.
The amount of time he's spent away from school in the past year.
His whole attitude has become disruptive and antisocial.
He was kidnapped by his own father! What do you expect? Believe me, Mr.
s.
Fisher, if there's nothing in any of this, we should know it very quickly.
We do have a lot of experience in this area.
You know, Samantha, I think Terry might be happier outside the home for a week or two while we look into things.
- No.
- It really might be for the best.
He's my husband.
He's done nothing wrong! - Well, perhaps if you put it to him - I can't.
He'd think I believed all this.
I can't.
This is a bloody outrage! I'm not a pervert.
I never touched that lad.
- Terry - I'm suing you bastards, I'll tell you that! Please, love, for my sake.
If I ever get my hands on Duggan, I'll kill him! How would you describe your occupation, Ms Drake? I am film maker and performance artist.
And how did you come to your present position? I was stripping in pubs before I left school, I worked in clubs and sex shows and then acted in hard-core movies.
And what did you think about that? I didn't.
I needed the money.
Is that still your attitude? No.
I left all that behind when I started thinking about the real relationship between women and male pornography.
- The work I've done since is totally different.
- How so? As a woman artist, I want to provoke, make people think.
What I'm really trying to explore is the relationship between pornography and society's attitudes to female sexuality generally.
Sex is a wonderful field for an artist.
There's still so many taboos operating.
Well, that's why I'm standing here now, I suppose.
You are something of an industry, aren't you, Ms Drake? Magazines, videos, live shows.
It's a prodigious output.
Thank you.
I was always brought up to work hard.
You must have performed in what, scores of films? I don't keep count.
Something like that.
Not so many these days.
Why is that? I really always wanted to direct.
(stifled laughter) Your films involve repeated acts of sexual intercourse in every conceivable form and combination, don't they? - I do my best.
- (Laughter) This is not the moment for levity, Ms Drake.
It's just a parade of men and women rutting like farmyard animals, isn't it? I don't accept that description.
They are having sex.
It is a perfectly normal human activity.
Everybody does it.
Probably even you, Mr.
Kavanagh.
No, you must treat Counsel with more respect, Ms Drake.
I'm obliged, Your Honour.
Not to say touched by Ms Drake's faith in me.
My point is, the feminist manifesto you claim is behind your work is merely a smokescreen to legitimise what are nothing more than dirty movies of a particularly nasty kind.
You know that and your audience knows that I don't agree with you.
Very well.
Let us tum to the issue of your audience, Ms Drake.
Your clientele knows what it wants and that is pornography and that is what you provide.
This artistic rationale is nothing more than a cynical ruse, isn't it? That's not true.
It's serious work with a serious purpose.
What do you think? Am I going to fall flat on my face? The jury didn't seem very shockable.
No.
Still, you can't always tell.
Good value, wasn't she? - I thought you disapproved.
- Oh, no.
No, I rather warmed to her.
It didn't show.
But I suppose that's the trick, isn't it? Thank you.
I just happen to think that the prosecution should never have been brought.
Because it's weak? We're surrounded by soft porn images.
Page 3, dirty magazines.
But when a woman tries to say something about it, the law comes down on her like a ton of bricks.
I wouldn't be too impressed by Debbie's late conversion to feminism if I were you.
She's got a list of previous as long as your arm.
Foreman of the jury.
Will you please confine yourself to answering my first question yes or no? Have you reached a verdict upon which you all agree? Yes.
Do you find the defendant Deborah Mary Drake guilty or not guilty? Guilty.
Deborah Mary Drake, you are a thoroughly corrupt and cynical woman who has, rightly in my view, been found guilty of a very serious crime.
Standards of decency are under siege in every area of public life and it is my duty to protect society from the barbarian at the gate.
You will go to prison for one year.
- But I never hurt anyone! - Take her down.
I never hurt anyone.
A bit more than a slap on the wrist, James.
- All we can do is make the argument, Alex.
- Yes, I do understand that.
It's not my fault if the judge is a sexist old fossil who got out of bed the wrong side this morning.
Alex For what it's worth, I agree with you.
I don't even know if I should go out and play with him any more.
The local authority inquiry is over, Terry.
Nobody suspects you of anything.
Didn't exactly give me a medal, did they? They found no grounds for action.
That is all that matters.
Do we have to go over it all again in court, Miss Winston? Frankly, Samantha, you should probably hope so.
There's no real evidence, your psychiatrist thinks the father is the problem and you have a clean bill of health from the local authority.
All things considered, Mr.
Duggan has made his own position very problematic.
Not half as prob Not half as problematic as his position when I get a hold of him, I'll tell you.
He's trying his best, he really is.
I know.
And I intend to make that clear in my report.
Of course, there's a lot to be said for EU membership.
But sovereignty is a vital issue, as well.
Would you say you were pro- or anti-Europe, then? I would say I'm a firm supporter of the Government line.
While remaining constructively critical, of course.
I see.
You're a legal chap.
What about law and order? I think we have to pursue a very vigorous agenda of reform in the criminal justice system.
While proceeding with caution and due respect for tradition, of course.
What about hanging? I've a very open mind on the subject.
The bulk of the population is in favour.
What do you say to that? We have to be mindful of the wishes of the majority.
Would you plan to live in the constituency, Mr.
Aldermarten? I think that's entirely possible.
We do prefer a local man.
Well, if that's everything? Thank you, everybody.
Thank you.
Bye-bye.
Bye-bye.
I do hope you'll be able to come to our little soiree.
- The other candidates will be there.
- Thank you.
I'd be honoured.
- And do bring Mr.
s.
Aldermarten along.
- I'm not married.
- Not married? - Engaged.
Oh, splendid! - Well, we'd be delighted to meet the intended.
- Thank you.
- The local authority are taking no action.
- I know.
They couldn't find any real evidence.
If the judge decides it's a frivolous accusation My son is being abused, Judy.
I'm his father.
I know it.
And in her heart, Samantha knows it, too.
Well, if she does, she certainly isn't showing it.
- She backed Terry Fisher all the way.
- Well, she would, wouldn't she? And that woman from the court, Winston, she thinks I'm lying.
She's always been biased against me.
She's one of those that thinks fathers can't bring up their own children.
If you take that attitude into court, you're not going to get very far.
Sorry (Sighs) I'm sorry.
It's not always that easy to keep calm.
We'll need a good Family barrister.
- I want Kavanagh.
- No, this really isn't his field.
No, Judy, just get Kavanagh for me.
If anyone can win, it's him.
You must be exhausted.
Come on, I'll take you home.
I don't think I can be on my own right now.
I don't know what you're complaining about, sir.
It's not every day you get a nice, fat private brief.
I don't like Family stuff, Tom.
There's no adrenaline.
Give me a jury any day.
Don't worry, Mr.
Kavanagh.
I'll make sure you get a smart junior to look after you.
Can I have Miss Piper? This ought to be right up her street.
I'll see what I can do for you, sir.
You must be completely off your head! We can break up the moment the selection process is finished.
- Once I'm in, there's nothing they can do.
- You want me to pose as your fiancee? - Yes.
Come on, it'll be a piece of cake.
- We don't even support the same side.
What side is that? Look, it's important.
The Tories are all family values.
I'll never get the nomination if they know I'm single.
You must be mad! Supposing they find out? Why should they? I'm asking you because you'll take it in the right spirit.
Tory women are the marrying kind.
They mustn't get the wrong idea.
Or their ghastly mothers.
Please.
Look, there's a bott two bottles of vintage champagne in it for you.
Please.
Please.
A case.
- A case! - Dom Perignon.
And that's just down-payment.
Oh, God.
All right.
Done.
And no kissing or hand-holding.
Agreed; I'll think about it.
Julia, you're a brick.
I shall be in your debt forever.
I know.
That's what makes the idea so attractive.
Don't run away, Kate.
We haven't had a chat for ages.
How was that er that concert you went to the other night? Er Was it Angry Angry something? - Rage Against The Machine.
- Oh.
- Er would I know any of their stuff? - Not unless you're into rap metal, Dad.
Not that I know of.
Maybe I should give it a listen.
I saw the Stones once, you know, in Eel Pie Island.
'63, {think it was Look, Dad, there's some work I ought to do.
Oh, yeah, of course.
Don't let me hold you up.
(Sighs) Is she serious about this Luke, do you think? For now.
Am I being so unreasonable, Lizzie? No, you're just doing what you think is right.
I never even had the chance to tell her the facts of life.
I told her.
You were prosecuting a juicy fraud at Cheltenham at the time.
I won't disguise from you that we face an uphill struggle but a lot has changed since the original hearing.
There are grounds for optimism.
What about the abuse? Surely that's what we should concentrate on.
Frankly, there's only so much we can do with that.
They have the local authority findings, they have an eminent psychiatrist.
All agree that there is no evidence.
I'll get a psychiatrist.
One who knows what's he's talking about.
I don't recommend it.
There is no reason to suppose that things would turn out any differently.
Mr.
Kavanagh and I believe very strongly that our best chance is to concentrate on the home situation.
We know Peter has problems at home and at school.
Problems that didn't exist before.
Now that has to be at the heart of our argument.
At the very least we feel confident we can persuade the judge that your contact should be maintained.
I am not interested in the status quo, Miss Piper.
I want custody of my son.
I thought that's what this was all about.
Michael, we need to try and stay very calm, OK? Er Whatever you think best, Mr.
Kavanagh.
It's just the thought of what Fisher is doing to Peter.
It's unbearable.
So what reaction do we find? Peter? Peter Duggan! (Laughter) Duggan! (Glass shatters) - Come here! Duggan! Did he say where he was going? He just kept saying he had to get to his father.
In the circumstances, I thought Pete? What's up, son? Don't make me go with him! I'll be good, I promise! - Peter, what are you talking about? - Don't make me go with him! I want my dad! (Sobs) I want my dad! Michael feels the welfare officer's always been against him.
Taken a shine to Terry Fisher, hasn't she? She obviously takes a dim view of the abuse allegation.
Oh, God, poor Michael.
It really doesn't look good for him, does it? Look, Judy, I I know this is none of my business, but you're having an affair with him, aren't you'? - Yes.
- And do you think that's a good idea? Probably not, but I appear to be doing it anyway.
He just seems to er need me.
Not that I entirely blame her.
He is rather attractive.
There's something very gentle behind all the passion.
You sound as though you've fallen under his spell, too.
I might have fallen for him myself in different circumstances.
He's rather my type - older, very bright, confident but still vulnerable.
A bit rough around the edges.
I'm sorry.
You were saying? Nothing.
It doesn't matter.
And finally, Peter was kidnapped from his school, and subsequently held for three days before the father gave himself up to the authorities.
Why don't they sit at the same level? Because Kavanagh is leading, the Junior Counsel have to sit a row behind him.
Harmful behaviour by Mr.
Duggan.
The mother is applying for an order terminating any further contact.
On page 19 of the bundle, paragraph 2, you say that Mr.
Duggan was often aggressive towards you when he collected Peter for his regular contact.
Could you clarify what you mean by that? Michael would always accuse me of keeping Peter deliberately late, or say he wasn't properly dressed.
- He always found something wrong.
- Was there any truth in what he said? I don't think so, no.
You say that on these occasions, he would shout at you.
What did he shout? He said that I was sabotaging his relationship with Peter.
He called me all kinds of names.
Was Peter present? - Sometimes, yes.
- What was his reaction? It really upset him.
He used to be an outgoing, friendly boy, but he went more and more into himself.
It got so bad that on days before Michael's visit, he'd make himself ill.
You state that Peter's behaviour has deteriorated further since the kidnap.
Can you expand on that? He's a very bright boy, but he's lost interest in school.
He's withdrawn and prone to tantrums.
Al limes he's almost uncontrollable.
How would you characterise Peter's relationship with his stepfather? They get on very well.
What is your reaction to the allegation of sexual abuse made by Michael Duggan against your husband? It's total rubbish.
If it wasn't so revolting, it would be laughable.
Terry is a very normal, healthy man.
What is your feeling about the recent local authority inquiry into this allegation? To begin with l was outraged.
But now I'm glad we had to go through with it.
I feel we've been totally vindicated.
It's made us stronger as a family.
Why are you applying for this order now, Mr.
s.
Fisher? Because I'm terrified of what Michael might do next.
I just can't risk having Peter damaged any more than he is already.
I have to protect him.
Mr.
s.
Fisher, it wasn't until you petitioned for divorce that Mr.
Duggan knew that you were applying for a residence order.
How long had you lived with Terry Fisher at this point? Nearly two years.
This is all ancient history, isn't it, Mr.
Kavanagh? The circumstances of the divorce were covered pretty comprehensively in the original hearing.
My contention is that subsequent events put the facts in a new light, m'lud.
Very well, if you're convinced it's relevant.
What took you so long, Mr.
s.
Fisher? I couldn't give him a proper home until then.
So it was always your intention that Peter should live with you and Terry Fisher? Yes.
Why did you tell your then husband the exact opposite? I didn't plan it that way.
I just didn't want to hurt him.
It was easier to let things slide.
Easier in all sons of ways.
Terry Fisher was younger than you, he had a more carefree lifestyle, little experience of children.
Surely it was easier to keep Peter out of the way while you concentrated on your relationship with Mr.
Fisher? No.
It wasn't like that.
Very well.
Let's move on.
It's the case, isn't it, that Peter missed his contact on two consecutive occasions a few weeks before the kidnapping incident.
Why was that? It's like I said in my statement.
The first time, he had a cold and the second, he said he had a headache and felt sick.
I kept him in bed.
When did Mr.
Duggan find out that Peter wasn't able to see him? When he arrived to pick him up.
You couldn't have phoned to save him a needless journey? - No.
He'd already left.
- Both times? Yes.
On the second occasion, Peter subsequently spoke to his father on the phone and told him that he did want to see him after all.
Yes, that's true.
He said something else, didn't he? Something you omitted from your statement.
Mr.
s.
Fisher? He told Mr.
Duggan that he wasn't ill, that you had deliberately kept him in, and that he would prefer to be living with him, didn't he? Yes But we'd had a row.
He was being childish.
He was ill earlier in the day.
He got better and then got upset because he'd had to miss Michael's visit.
It's the sort of thing that children say when they're angry, isn't it? That's right.
Is it not the case that Peter repeated his desire to live with his father on numerous occasions? But he doesn't know what he's saying.
It's a simple enough question.
Yes or no? Yes.
You told m'learned friend that Peter was traumatised by the kidnap.
But isn't the truth that the problem began long before then and persisted even when his father was in prison? The fear doesn't go away just because his dad does.
There is no physical cioseness between Terry Fisher and your son.
Peter is clinging and possessive of your company.
He wants to be with his father.
Surely the facts tell their own story.
Peter is being abused by your husband, isn't he? No, he is not! You say that with complete certainty? Yes.
You claim the relationship between Terry Fisher and Peter is a good one.
How does that manifest itself? I don't know what you mean.
Well do they play football together? Terry isn't really a sportsman.
Perhaps they go to the cinema, then? No.
Not often.
What do they do, then? They talk.
Just talk? Does Peter actually do anything at all in Terry's company? I've told you, they get on all right.
Mr.
s.
Fisher, I put it to you that when Peter is with his father, he is contented, healthy and hard-working.
Put him in the same house as Terry Fisher, and the situation is the exact reverse.
Do you still insist that this is a good relationship? Yes.
Thank you, Mr.
s.
Fisher.
FEMALE QC: No reexamination, my lord.
With reference to the matter we discussed earlier, I can now confirm that Mr.
Fisher is detained on business.
With your leave, he will testify tomorrow.
Very well, Mr.
s.
Singh.
- Jeremy! - Oh, Patricia.
So glad you could make it.
- And this must be your fiancée.
- Julia Piper.
So pleased to meet you.
Everyone's here.
Thought we'd pitch the candidates into the lion's den, as it were.
So tell me, Miss Piper, when are you going to tie the knot? Um, we haven't set the date.
Pressure of work, you know.
Do you plan to give up work after the marriage? - Certainly not, no.
- Um To begin with.
But in the long run Don't let him bully you, my dear.
My view is, if you've got a good career, you jolly well hang on.
Absolutely right.
Absolutely right.
Help yourself to canapés.
I'll see you later, Jeremy.
Just my luck.
A Tory feminist.
Can I give you a tip, please, Jeremy? Yes.
Why not try saying what you actually believe, rather than what you think they want to hear, hm? Agreeing with everything makes you look so servile.
They might actually want their candidate to have an independent view.
Forgive me, Julia, but that shows just how little you know about politics.
- Aldermarten'? - Yes.
- Green.
- Oh, how do you do? - If you're looking for a new car, I'm your man.
- Oh, thank you.
- I'm told you're the one to beat.
- I wouldn't go so far as to say that.
I would.
The word is the committee's split down the middle - you or me.
Well, may the best man win.
In your statement, you explain what happened on 14th May, when you arrived for your regular contact with Peter.
You say that he was deliberately stopped from coming out with you.
Why do you think that? I could see him in his bedroom window, waving.
He looked fine.
But Sam said he was too ill to come out.
What happened then? I lost my temper.
I shouted at her.
What did you do next? There was nothing I could do.
I went home.
But later on, when I talked to Peter on the phone, I decided I had to take action.
Why would Mr.
s.
Fisher deliberately sabotage your contact with Peter? For revenge.
Revenge for what? I think she's jealous of the relationship between Peter and me.
He's just never responded to her in the same way.
There's another incident referred to in your statement, the missing birthday present.
Can you expand on that? I sent Peter a gift for his birthday this year.
Samantha told me that it never arrived, that it must have got lost in the post.
Why did you not accept that at face value? Because Peter said Fisher told him that I hadn't sent a present at all and that I didn't love him any more.
What else did Peter say on that occasion? That Samantha said it proved Terry Fisher was more of a father to him now.
That's not true! It's just total paranoia.
Do you believe everything he tells you? Always.
I brought him up to tell the truth.
You agree with Mr.
s.
Fisher that Peter was often disturbed after his visit with you? Yes, but for the opposite reason than the one she gave.
He didn't want to go home because of Terry Fisher.
Because of Terry Fisher.
I know this may be upsetting to you, Mr.
Duggan, but if we could turn to page 76 at this point.
While you were on the run with Peter, you state that he told you that Fisher was behaving towards him in an improper way.
Now, what did he actually say? He said he didn't like it when Fisher touched him.
What did he mean? He found it very hard to say.
He behaved in a very guilty way, as though he was ashamed.
But in the end, he told me that Fisher would often come in when he was in the bath and offer to wash and dry him.
He said Take your time, Mr.
Duggan.
He said that he touched him down there.
What did he mean? He meant intimately.
What was your reaction? I just couldn't take it in at first.
And I know this sounds stupid, but I'm afraid I got quite angry with him.
How did he respond? He stuck to his story.
Do you now regret abducting your son? I know that it was (Clears throat) wrong to take the law into my own hands.
But if I hadn't done it, I would never have found out what was happening to Peter.
Mr.
Duggan, why did you wait so long before reporting what you say Peter told you about the alleged abuse? I wanted to spare him the pain of an inquiry.
I knew he'd have to see doctors, psychiatrists, God knows who else.
And that would have been worse than being abused? Of course not.
I had this idea that if I waited till I was released, I might get Sam to do something without making it all public.
Such as? Leave Terry Fisher and take Peter with her, I suppose.
What changed your mind? The application to sever contact.
I realised then I'd never make her see sense and I knew I had no choice.
What do you say to the fact that Peter has never repeated this abuse story to anyone? He's frightened.
He may be blaming himself for causing trouble or trying to block it out.
At his disclosure interview with the local authority social workers, he said nothing about any abuse.
I can't help that.
These are highly-trained, sympathetic people.
They found not one scrap of evidence to support your story.
And they've known him two weeks.
I've been there all his life.
He trusts me.
- But you know better than all the experts? - I know my own son.
- This abuse story, it's just a cynical ploy, isn't it? - No.
- Peter never said a word about Terry Fisher.
- Yes, he did.
What were your feelings about Fisher before the abduction? I wasn't a leading member of his fan club.
I think a straightforward answer will suffice, Mr.
Duggan.
- Would you agree you hated him? - I don't hate anyone.
Oh, come along, Mr.
Duggan! R's a little late to present yourself as the forbearing type.
I thought he was a complete jerk.
God knows what Samantha sees in him but that's her problem.
I couldn't have cared less until he started abusing my son.
Ah, but he didn't, though, did he? You concocted this whole story in a misguided effort to get Peter back and to take your revenge against an adulterous wife and the man you hated.
No.
That's not true.
Miss Winston, I'd like to see Master Duggan first thing tomorrow.
Say my chambers, 10 o'clock.
My lord.
All rise.
Long time since I've seen you dive into a drink as if your life depended on it.
It's that kind of brief.
Is it bad? All that rage and hatred pouring out of people who must've loved each other once.
You catch yourself thinking, "There but for the grace of God" I mean, what if that had happened to us, Lizzie? - But it didn't happen.
- Would we have been any different? Would we have ended up tearing each other apart over the kids if some Miles Petersham or other had come along earlier? It wouldn't have mattered who would have come along, I wouldn't have been interested.
And I bloody well hope that you feel the same way.
Look, I've been thinking about Kate Don't tell me, you've decided she should become a nun.
Good God, am I such a Victorian father? The fact is, Jim, if they're going to do it, which they are, whether we like it or not, I'd rather she did it here, where I can keep an eye on her, than down some seedy Lovers' Lane with a maniac lurking behind every tree.
(Knock at door) Is this a good moment? Look, erm this Luke.
How serious are you about him? I really like him, Dad.
You're both very young.
I could have been married for nearly two years.
That's true.
I've always thought of you as being very sensible.
I know all about safe sex and everything.
You don't have to worry about that Oh.
Oh, well l won't, then.
- And Luke's parents? What do they think? - Oh, they're really cool about it.
Yeah, I thought they might be.
Well, your mother and I have been talking and er we both think you're old enough to know your own mind.
If you want Luke to stay over, once in a while, then we're not going to object.
Not much, anyway.
Thanks, Dad.
Strictly weekends, though.
Schoolwork comes first.
Deal? Yeah.
Well, now, Peter.
Come along and sit down.
I think it's time you and I had a little chat.
Isn't it? Ah, the orange cream.
How exasperating.
It's my favourite.
Mine, too.
Still you got there first.
Now, you understand why I've asked you to come here, don't you, Peter? I think so.
You see, everyone, including your mother and father, is trying to do what's best for you.
But um they can't agree what it is.
So they've asked me to decide.
Now, if it was up to you, Peter, where would you like to live? With my dad.
Wouldn't your mother be sad if you went to live with your father? Yes.
But she's got Terry and Dad's only got me.
You know your father did a very bad thing when he took you away without permission? But he told everyone he was sorry.
I suppose you really enjoy being with your father because he lets you play all the time? Well, we do play football together.
But he makes me work hard cos he says I've got to do well at school.
And he doesn't let me have sweets cos he says they're bad for me.
He's not like Terry.
How's that? Well, Terry says I can have whatever I want.
- Why do you think he says that? - {don't know.
I think I think he wants me to like him.
And er do you like him? No! I hate him! Do you have children, Mr.
Kavanagh? Two.
A girl and a boy.
Then you'll understand why I'm doing this.
Have you considered remarrying, Mr.
Duggan? Just so I can get betrayed again? Doesn't have to go that way, surely? Children are the only ones you can rely on, Mr.
Kavanagh.
Theirs is the only unconditional love.
I'm afraid I don't agree with you.
Then you've been a luckier man than me.
Think carefully now, Peter.
Did you say anything to your father about a nasty thing Terry did to you? I can't remember.
I might have done.
No-one's blaming you for anything, Peter.
Take your time.
It's not a pleasant matter, Peter, but I know that you're old enough to understand what's going on.
Is there anything at all that you want to tell me about? All right, Peter.
Now, you told me just now that you hated Terry.
Why did you say that? Because he stopped Mum and Dad being together.
And cos he makes my mum cry.
How does he do that? I heard him shouting.
Then Mum was crying.
What was he shouting about? I don't know.
Did this happen often? Quite often.
All right, Peter.
Miss Winston will see you get safely back to school.
As a consultant child psychiatrist to what would you attribute Peter's disturbed behaviour? R's hard to be definitive, but in my view the natural trauma of separation has been compounded by the father's demanding and highly aggressive behaviour.
You are saying that the father's actions are the likely cause of Peter's problems? I'm saying it's a strong possibility.
Thank you, Doctor.
Doctor Grindlay, is Peter's behaviour consistent with abuse victims? In some respects.
In the light of that, do you feel totally confident that there has been no physical abuse in this case? On the evidence, I would be extremely reluctant to make such a diagnosis.
But you concede it is possible? No.
I don't think that's the situation in this case.
In your report, you note that Peter's attitude towards his stepfather is consistently hostile, don't you? That's true.
Peter became uneasy and agitated when he spoke of Mr.
Fisher.
- Didn't that strike you as highly significant? - I agree it was an extreme reaction.
Yet you place the blame for Peter's behaviour squarely at the door of his father.
My feeling is that the father is the main cause of the problem.
Peter showed extreme hostility towards Mr.
Fisher, spoke affectionately of his father, and yet you still say Mr.
Fisher is not the cause? I would not entirely disregard the relationship with Mr.
Fisher as being a contributory factor in a difficult scenario.
So you agree that Terry Fisher and the home environment are part of the problem? - That's putting it very simply.
- But it is broadly what you are saying? Yes.
I suppose so.
Thank you, Dr Grindlay I think Mr.
Fisher is doing his best.
And in the circumstances, the family is coping as well as can be expected.
What about the lack of closeness between Peter and Terry Fisher? It doesn't surprise me, given all that's happened.
I think with time to heal, the relationship will normalise.
Is that possible if the father continues to play a physical role in Peter's life? I've thought very hard about that.
I came to the conclusion that Mr.
Duggan is placing an emotional burden on Peter that he simply cannot cope with.
That is why I've recommended everything except written contact should be suspended for the time being.
In your report, you say that Mr.
Duggan is a caring and committed father, don't you? I also say that he's highly demanding and, at times, overbearing.
Peter told you repeatedly that he wishes to live with his father.
He did, yes.
Don't you believe him? I think he's taking responsibility on for his father's happiness.
He is thinking of what his father wants, rather than what he wants.
Peter is an articulate and thoughtful boy.
Is it not eminently possible that he really does want to be with his father? He may well be sincere.
But that doesn't mean it's the right thing for him.
You agree that the relationship between Mr.
Fisher and Peter is not a happy one? - I think it's a temporary problem.
- What makes you think that? I've watched the relationship develop over the past two years.
There were no significant problems at first.
I think the deterioration is largely due to the pressure from Mr.
Duggan.
Are you really saying there is nothing else wrong in this relationship? Nothing of great significance.
Mr.
Fisher, what was your reaction when you were told about the abuse allegations? I felt sick.
It's a load of It's totally false.
I'm the real victim here.
How would you characterise your life as a family, Mr.
Fisher? Very happy- All I ever wanted was for me and Sam to be together.
With Peter, I mean.
ALL: I feel so broke up, I wanna go home (Bell) Right, thank you very much, boys.
Off you go.
TEACHER: Quietly.
Were you often alone with Peter, Mr.
Fisher? Yeah, of course.
From time to time.
Did you ever go into the room when he was having a bath? - I might have done.
- Why? I don't know.
To er To wash or shave or something.
- I can't wait all day for him to come out.
- Did you ever wash or dry him'? No way.
He's a big lad.
Did you ever touch him when he was naked? No! Are you fond of children, Mr.
Fisher? Not in the way you're after.
It was a general question.
Yeah.
Kids are OK.
Then I expect you were eager to meet Samantha Duggan's son? Well, yeah.
How eager? - I was keen, you know? - Fm afraid I don': In fact, it was actually very nearly two years after you met Samantha before you saw Peter Duggan.
That doesn't sound very keen at all.
It was difficult.
There was a lot of anger and harsh words.
It was easier for Sam to visit on her own.
Purely as a matter of interest, when did you first find out that Samantha had a young son? Um I don't remember.
Was it five minutes after you met? A week? Six months? - Roughly? - I don't know.
Months, I suppose.
It just never came up.
Months? That's rather extraordinary, isn't it? The woman with whom you were having a passionate affair didn't mention that she had a son? It wasn't deliberate like that.
You don't actually like children, do you, Mr.
Fisher? I might have said something to her about not liking kids once.
Once.
Early on.
It was just pub talk.
She only told you about it when she was sure enough of your affection.
I suppose so.
That was her problem.
Now, let's look at a more recent instance of this warm relationship you have with Peter.
On March 2nd of this year, Peter wasn't collected from school after a museum trip.
Why was that? March? I don't remember.
I would have thought you might, Mr.
Fisher.
By all accounts, there was a row between you and the teacher involved when you did turn up.
Oh, right.
Oh, I've got you.
I couldn't be everywhere at once, could I? I mean, I had to pick Sam up first from the - From where? - The (arm The clinic.
The clinic, Mr.
Fisher? What clinic? Sam was having women's problems, you know.
- I'm afraid I don't.
- Um It's personal.
Answer the question, please, Mr.
Fisher.
She um She had an abortion.
In the circumstances, Your Lordship may wish to hear from Samantha Fisher again.
Yes, I think that might be appropriate.
Mr.
s.
Singh So, to clarify, Mr.
s.
Fisher, you are saying that your reason for going through with the termination was out of concern for your health? I'm nearly 40.
- There's a lot of risks with late babies.
- Of course there are.
Did you want to keep this baby, Mr.
s.
Fisher? I might have liked a baby with Terry.
- He didn't want a child, did he? - He was worried about me.
Isn't it actually the case that Terry, whom you knew had no liking for children, and who resented your son, Peter, insisted that you have an abortion? It wasn't like that.
It was a mutual decision.
You're devoted to Terry, aren't you? You'd do anything for him.
Is that wrong? He's my husband.
I love him.
Love him so much that you would have an abortion that you didn't want and conceal the existence of a son you did have in case he rejected you.
You make it all sound planned and calculated.
I always intended that we should be together again as a family.
Perhaps.
But a family where Peter's needs emphatically came second to your husband's.
Isn't it true, Mr.
s.
Fisher, that at start of the abuse investigation, you were advised it would be in your best interest if Terry left home temporarily? - Yes.
- But he didn't, did he? It was unfair.
He hadn't done anything wrong.
It was more important to you not to be separated from him than to protect the best interests of your son.
I wouldn't allow any of Michael's rubbish to pollute our home! Isn't this another example of your husband's interests coming before your son's? It was nothing but lies! Peter had no idea what he was saying.
I never believed him for a second.
Peter? You said Peter, Mr.
s.
Fisher.
Michael.
I meant Michael.
I don't think you did, did you? Did Peter say something to you about Terry Fisher? You must answer, Mr.
s.
Fisher.
Yes.
What did he say? That Terry had touched his private parts.
This was before Mr.
Duggan reported the allegation? Yes.
What did you do? What did you do, Mr.
s.
Fisher? Nothing.
It wasn't true.
You did nothing? No.
- You didn't say a word to anybody? - No.
- Not to the social workers? - No.
- The psychiatrist? - No.
- The boy's father? - No.
- Did you tell Terry Fisher what Peter had said? - Yes.
- What was his reaction? - He was very angry.
- He denied it? - Of course.
It wasn't true! What exactly did he say? That either I backed him or I'd never see him again.
So you told Peter to keep quiet? It was better that way.
If it wasn't true, what was the point of stirring everything up? The truth is, Mr.
s.
Fisher, that you couldn't bring yourself to admit that the man you adored, whom you needed more than anyone, was capable of doing something like this.
You rejected a can for help from your own son.
JUDGE: This is a difficult case.
One that gives me a great deal of concern.
However, having considered the situation in a fresh light the fact that Peter Duggan lived with his father for two years after his parents separated, in what appears to have been a satisfactory arrangement, weighs heavily with me.
I am also persuaded that on the balance of probability there is something gravely wrong with Peter's present family circumstances.
And therefore, with some misgivings, I am going to grant Mr.
Duggan's application for residence.
We did it! All rise.
- We've won.
- I know.
There are no words for what I feel.
Thank you.
DUGGAN: Peter? Peter? What are you doing here? Are we going home now, Dad? Yes! Just like I said.
- All of us? - Not straightaway.
- You're coming home with me.
- What about Mum? Well, I'll explain everything later.
- When? When is she coming? - You have to go with Daddy, darling.
- You promised we'd be together! - I can explain.
You promised! You said if I said all those things about Terry, Mum'd come home! - Shut up! You'll ruin everything! - You lied to me! - He doesn't know what he's saying.
- He said I could put it all right.
(Sobs) You lied to me! I had the right.
He's my son! JUDY".
I mean, the hostility towards Fisher was real enough.
Duggan just built on that.
God, he coached him so effectively.
It seems incredible that a boy of his age could have sustained a lie like that for so long.
There'd been so much anger and unhappiness.
He really thought it was up to him to put things right.
(Sighs) But you know Michael will never give up.
He perjured himself.
He could be looking at two years inside.
No, believe me, I know him.
He'll just count the days until he's out and then start again.
Anyway Judy- I'm OK.
Tom, get me a burglary, get me a good assault, get a GBH, even a murder.
Get me anything criminal, even if it's "drunk in charge of a bicycle!" But don't get me a flaming Family! All right? (Knock at door) - Yeah? They selected the bloody car dealer! Can you believe it? God, politics is a dirty business! Oh, Jeremy, I'm sorry.
Maybe they just thought that your future wife wasn't up to snuff.
It's not funny, Julia.
It'll take me ages to find another seat like that.
A car dealer! No wonder this country's going down the pan.
Oh, don't be such a snob.
Let's have a drink.
We could both use it.
As it happens, I've got some rather good champagne in my room.
Ha-ha! Highly droll.
MAN ON TELEVISION: There's nothing new or unexpected I think that we'll find there.
Well, I'm bushed.
Good night, then.
Good night.
- Good night.
- Night.
(Door opens) - Good night, Dad.
- Good night, Kate.
Is Luke not staying, then? Maybe some other time.
I don't understand.
What was all the fuss about, then? Maybe establishing the principle was the main thing.
(Chuckles) - What was that about? - I don't know.
Counting a few blessings.
Time for bed, I think.
Yeah, me too.
I'm exhausted.
That wasn't what I meant.
Oh.
Good.
One, two, three Take your marks! Set Go! (Shouts of encouragement) Come on.
Come here.
Get in the car.
You can't leave your car there! Do you want this? Just hold on a minute.
Sir'? Don't worry, Peter.
Everything's going to be all right now, I promise you.
Now, there are going to be a lot of press but you don't have to say anything.
All questions to me.
I'm his solicitor.
REPORTER: Peter, over here.
Mr.
Duggan - Where have you been in hiding, Mr.
Duggan'? - There's no need for this.
He's giving himself up.
Why did you kidnap your son, Mr.
Duggan? It's the law that kidnaps, not me.
Just remember everything I said and we'll be together again.
- You promise? - I promise.
POLICEMAN: Come on, let's go.
Everything I did, I did for my son! REPORTER: Have you heard from your wife? Ask him who he wants to be with! Hold on.
I love my son! I want justice! I did it for him! You lying bastard! In considering the appropriate sentence, I would ask the Court to bear in mind that Mr.
Duggan gave himself up to the authorities and subsequently cooperated fully with the police.
I am also instructed to inform Your Honour of the background to this unhappy case.
Following the irretrievable breakdown of his parents' marriage, Peter Duggan remained in the care of his father for two years until his mother's remarriage, when she successfully applied for a residence order.
Michael Duggan was further upset by what he saw as the deliberate sabotage by his former wife of what little contact with Peter was left to him.
And increasingly convinced that his son was deeply unhappy, Michael Duggan took the law into his own hands.
Michael Duggan, I have read the Social Inquiry reports and listened carefully to Mr.
Kavanagh's plea on your behalf.
You are a successful businessman of ability and intelligence, and your previous good character inclines me toward lenience.
However, while I accept that there is a complex and troubled background to this case, the Family Division has made its decision and you are bound to abide by its terms, no matter what your opinion of them may be.
Your behaviour was reckless in the extreme and it is surely the supreme irony that in taking this action, supposedly on your son's behalf, you actually exposed him to a great emotional trauma and a very real physical danger.
Well, eight months.
That's about the best we could have hoped for.
He'll be out in four.
My money was on a year.
The softball bat didn't help.
I don't think the thought of prison bothers him that much.
It's um you know, not being with Peter that really tears him up.
Maybe the time inside will help him get things in perspective.
- I wish I thought so.
- Just leave it, Terry! He will never see that boy again.
Tell him that, Simmons, huh? - Terry! - Tell him that! (Alarm beeps) (Classical music on radio) (Beeping and music off) Who set this alarm? I did.
Lizzie, it's only six o'clock.
I know.
It means we've got more time.
Time for what? Remember when we were first married, we used to set the alarm early so that we could (Chuckles) Yes, I remember.
Well I thought it was time that we revived an old tradition.
You are a very decadent woman, Lizzie Kavanagh.
(Lizzie giggles) (Hums merrily) You ought to be careful, Dad, at your time of life.
What? You could do yourself an injury.
Oh, gross! At their age.
You wouldn't think they'd be interested any more.
Interested in what? Nothing.
(Doorbell) Thank you.
Darling! Parcel for you.
See what it is, would you? I'm late.
- Ma, what is it? - Er, it's nothing, darling.
Um I think your father must be going through a phase.
(Orgasmic grunting and groaning from TV) (Knock at door) - Hello, Peter.
- James.
Oh, the Crown & Drake, I take it? Good heavens! I'd no idea that was technically possible.
What can I do for you? Oh, it's nothing that can't wait.
I hear they're going for an artistic defence.
Hardly Lady Chatterley, though, is it? - No.
(Knock at door) One thing I've always admired about you, Jim.
Your complete dedication to mastering a brief.
Perhaps one should say, in this case, lack of briefs.
I can send out for popcorn, if you like.
No, not really staying (Knock at door) - Come in, Tom.
Join the party! Debbie Drake.
What a trooper! Familiar with her work, are you'? Yeah, I've run across her once or twice when she was still stripping at stag do's.
You're more likely to find her on the Guardian Women's Page these days.
If you want my opinion, sir, it's all a bit of harmless fun.
I'm afraid the DPP don't agree with you.
And after a couple of hours of this, fun isn't how I'd describe it, either.
It does seem a trifle repetitive.
Do you have a second, Jim? Oh Sorry.
(Sighs) Boys.
Why? It's a free country! (Boys all shout) Fight, fight, fight, fight! All right.
Adams, go to the headmaster's study.
I'll speak to you later.
Come on.
BOY: Bad luck, mate.
They're applying to sever all contact.
What does that mean? Well, exactly what it sounds like.
If they win, then you don't see Peter again.
- She might as well just kill me! - Look, we'll fight it.
There's no date for the hearing, and there is still an excellent chance that we can get something out of this.
Saturday afternoons at the zoo with a social worker in tow? No.
Don't think so, Judy.
I held him in my arms when he was tiny and helpless.
I watched him take his first steps, terrified in case he fell.
I've tried to protect him from a thousand dangers, and now this.
I'll do whatever is within my power - to maintain some sort of contact.
- I don't want contact.
I want him to live with me, where he belongs.
But you know that just isn't going to happen.
Why not? She was the one who jumped into bed with another man.
She didn't give a damn about Peter when she ran off with Fisher.
And then she just waltzes back into my life and steals him from me! I want Peter at home with me, where he belongs.
Michael, you have to face reality.
A cross application for residence from you right now just is not likely to succeed.
- We can win this time.
- You have no grounds for saying that.
There's something else.
What? (Sighs) I wanted to spare him this but while Peter and I were alone he tried to tell me something.
Why didn't you mention this before? What something? Judy, I think they've given my son to a monster.
I didn't expect to see you prosecuting in a porn case, Mr.
Kavanagh.
- Oh, why's that? - Well, you know Growing up in the '60s Hair, the O2 trial and all that.
Is there any more, Mr.
s.
Kavanagh? Believe it or not, I'd already grown up in the '60s.
Of course, Luke.
- You'd think he hadn't eaten for weeks.
- He's a growing boy.
Well, let his own family feed him, then.
It's like having the Russian Army camped out in the fridge.
You're exaggerating because you don't like him.
What makes you think that? You wouldn't like any boy who went out with your baby daughter.
The problem is, Jim, she's not a baby any more.
I want you to stay very calm.
Kate's just asked if Luke can stay the night with her.
Huh! No chance! - What are you doing? - I am calling a minicab.
Jim, we are going to have to face this inevitability sooner or later.
Maybe.
But not in my house and not now.
She's still at school! She's nearly 18.
And at least she's being honest and upfront about it.
So am I.
No, I'm sorry, Lizzie, it is not on.
Kate Deborah Mary Drake, you are charged with having an obscene article for publication for gain contrary to Section 2, Subsection 1 of the Obscene Publications Act 1959.
And with sending a postal packet enclosing an indecent, or obscene print, painting, photograph, lithograph or film.
How do you plead? Guilty or not guilty? Not guilty.
My inquiries led me to believe that the address 74 Woodland Avenue, Hendon, is a centre for the production and distribution of pornographic material.
What action did you take as a result of your inquiries? I obtained a warrant to search the property.
And what did you find? Film-making equipment, cameras, lights, video reproduction facilities, and a very substantial quantity of video cassettes which I would describe as hard-core pornography of a particularly explicit kind.
- Mr.
s.
Duggan? - Fisher.
- It's Fisher now.
- Oh, yes.
I'm sorry.
My name is Helen Wilkes.
This is Police Constable Darley.
Is Mr.
Fisher in? Not right now.
I represent the Social Services department of the local authority.
I wonder if I might have a word? A word? What about? Perhaps it might be easier if we talked inside.
It's as safe a seat as one's likely to find these days.
They've returned a Tory every election for the last 40 years.
So the chosen one Is on his way to the House.
Absolutely.
It's a wonderful opportunity, Jeremy.
Though, we'd be sorry to lose your services.
- However briefly.
- Not too briefly.
One has ambitions.
I've no doubt you're destined for high office.
Thank you, Peter.
Thank you very much.
One must negotiate the first fence before thinking about Becher's.
After all, I haven't got the nomination yet.
I am quite sure it's in the bag.
Oh, my God.
It's Michael.
He's behind this, isn't he? Yes, there's been a referral from Peter's father Can't you see he would say anything to get Peter away from us? He's lying.
I can assure you, Mr.
s.
Fisher, we never act without careful consideration of the whole picture.
Our first duty is to protect Peter.
Protect him from who, for God's sake? Mr.
Duggan has stated that Peter told him he was being sexually abused by his stepfather, Terry Fisher.
Peter.
Professor Dixon, what is your opinion of Deborah Drake's work? I think it's fascinating.
She's making a very strong statement about male sexuality.
You see, straight pornography is about the objectification and, ultimately, the degradation of women.
Drake's work uses pornographic imagery to explore ideas of female empowerment.
In my view it contains a valuable critique of gender roles.
The material in question is uncommonly graphic.
Yes, but the explicitness, or obscenity, if we must use that word, is absolutely vital to the overall analysis.
Thank you, Professor.
Professor Dixon, isn't it true that the typical customer for these films would have little or no awareness of the finer qualities you detect in them? I don't know who you mean by typical.
But I think anyone looking for straight pornography would have a pretty uncomfortable time.
They're certainly not a titillating experience.
But are you seriously telling us that these films are art? I believe that her video work is exploring an important dialectic.
There's a strong aesthetic at work here.
Forgive me, Professor, but was that yes or no? There is a serious artistic intent.
Is this, or is it not, an? Yes.
I think it is.
Tea? Under the terms of the Children Act of 1989, we have an absolute duty to act where there is a risk of significant harm to the child.
We will have to ask Peter to take pan in a disclosure interview.
- I want to be there when you talk to him.
- I'm afraid that isn't possible.
- Believe me, it's it's not a frightening process.
- This is a nightmare.
I can't believe you'd pay any attention to a convicted criminal! How much more pain is Michael going to cause us? It isn't just Mr.
Duggan's accusation.
There's the whole pattern of Peter's behaviour to consider.
The amount of time he's spent away from school in the past year.
His whole attitude has become disruptive and antisocial.
He was kidnapped by his own father! What do you expect? Believe me, Mr.
s.
Fisher, if there's nothing in any of this, we should know it very quickly.
We do have a lot of experience in this area.
You know, Samantha, I think Terry might be happier outside the home for a week or two while we look into things.
- No.
- It really might be for the best.
He's my husband.
He's done nothing wrong! - Well, perhaps if you put it to him - I can't.
He'd think I believed all this.
I can't.
This is a bloody outrage! I'm not a pervert.
I never touched that lad.
- Terry - I'm suing you bastards, I'll tell you that! Please, love, for my sake.
If I ever get my hands on Duggan, I'll kill him! How would you describe your occupation, Ms Drake? I am film maker and performance artist.
And how did you come to your present position? I was stripping in pubs before I left school, I worked in clubs and sex shows and then acted in hard-core movies.
And what did you think about that? I didn't.
I needed the money.
Is that still your attitude? No.
I left all that behind when I started thinking about the real relationship between women and male pornography.
- The work I've done since is totally different.
- How so? As a woman artist, I want to provoke, make people think.
What I'm really trying to explore is the relationship between pornography and society's attitudes to female sexuality generally.
Sex is a wonderful field for an artist.
There's still so many taboos operating.
Well, that's why I'm standing here now, I suppose.
You are something of an industry, aren't you, Ms Drake? Magazines, videos, live shows.
It's a prodigious output.
Thank you.
I was always brought up to work hard.
You must have performed in what, scores of films? I don't keep count.
Something like that.
Not so many these days.
Why is that? I really always wanted to direct.
(stifled laughter) Your films involve repeated acts of sexual intercourse in every conceivable form and combination, don't they? - I do my best.
- (Laughter) This is not the moment for levity, Ms Drake.
It's just a parade of men and women rutting like farmyard animals, isn't it? I don't accept that description.
They are having sex.
It is a perfectly normal human activity.
Everybody does it.
Probably even you, Mr.
Kavanagh.
No, you must treat Counsel with more respect, Ms Drake.
I'm obliged, Your Honour.
Not to say touched by Ms Drake's faith in me.
My point is, the feminist manifesto you claim is behind your work is merely a smokescreen to legitimise what are nothing more than dirty movies of a particularly nasty kind.
You know that and your audience knows that I don't agree with you.
Very well.
Let us tum to the issue of your audience, Ms Drake.
Your clientele knows what it wants and that is pornography and that is what you provide.
This artistic rationale is nothing more than a cynical ruse, isn't it? That's not true.
It's serious work with a serious purpose.
What do you think? Am I going to fall flat on my face? The jury didn't seem very shockable.
No.
Still, you can't always tell.
Good value, wasn't she? - I thought you disapproved.
- Oh, no.
No, I rather warmed to her.
It didn't show.
But I suppose that's the trick, isn't it? Thank you.
I just happen to think that the prosecution should never have been brought.
Because it's weak? We're surrounded by soft porn images.
Page 3, dirty magazines.
But when a woman tries to say something about it, the law comes down on her like a ton of bricks.
I wouldn't be too impressed by Debbie's late conversion to feminism if I were you.
She's got a list of previous as long as your arm.
Foreman of the jury.
Will you please confine yourself to answering my first question yes or no? Have you reached a verdict upon which you all agree? Yes.
Do you find the defendant Deborah Mary Drake guilty or not guilty? Guilty.
Deborah Mary Drake, you are a thoroughly corrupt and cynical woman who has, rightly in my view, been found guilty of a very serious crime.
Standards of decency are under siege in every area of public life and it is my duty to protect society from the barbarian at the gate.
You will go to prison for one year.
- But I never hurt anyone! - Take her down.
I never hurt anyone.
A bit more than a slap on the wrist, James.
- All we can do is make the argument, Alex.
- Yes, I do understand that.
It's not my fault if the judge is a sexist old fossil who got out of bed the wrong side this morning.
Alex For what it's worth, I agree with you.
I don't even know if I should go out and play with him any more.
The local authority inquiry is over, Terry.
Nobody suspects you of anything.
Didn't exactly give me a medal, did they? They found no grounds for action.
That is all that matters.
Do we have to go over it all again in court, Miss Winston? Frankly, Samantha, you should probably hope so.
There's no real evidence, your psychiatrist thinks the father is the problem and you have a clean bill of health from the local authority.
All things considered, Mr.
Duggan has made his own position very problematic.
Not half as prob Not half as problematic as his position when I get a hold of him, I'll tell you.
He's trying his best, he really is.
I know.
And I intend to make that clear in my report.
Of course, there's a lot to be said for EU membership.
But sovereignty is a vital issue, as well.
Would you say you were pro- or anti-Europe, then? I would say I'm a firm supporter of the Government line.
While remaining constructively critical, of course.
I see.
You're a legal chap.
What about law and order? I think we have to pursue a very vigorous agenda of reform in the criminal justice system.
While proceeding with caution and due respect for tradition, of course.
What about hanging? I've a very open mind on the subject.
The bulk of the population is in favour.
What do you say to that? We have to be mindful of the wishes of the majority.
Would you plan to live in the constituency, Mr.
Aldermarten? I think that's entirely possible.
We do prefer a local man.
Well, if that's everything? Thank you, everybody.
Thank you.
Bye-bye.
Bye-bye.
I do hope you'll be able to come to our little soiree.
- The other candidates will be there.
- Thank you.
I'd be honoured.
- And do bring Mr.
s.
Aldermarten along.
- I'm not married.
- Not married? - Engaged.
Oh, splendid! - Well, we'd be delighted to meet the intended.
- Thank you.
- The local authority are taking no action.
- I know.
They couldn't find any real evidence.
If the judge decides it's a frivolous accusation My son is being abused, Judy.
I'm his father.
I know it.
And in her heart, Samantha knows it, too.
Well, if she does, she certainly isn't showing it.
- She backed Terry Fisher all the way.
- Well, she would, wouldn't she? And that woman from the court, Winston, she thinks I'm lying.
She's always been biased against me.
She's one of those that thinks fathers can't bring up their own children.
If you take that attitude into court, you're not going to get very far.
Sorry (Sighs) I'm sorry.
It's not always that easy to keep calm.
We'll need a good Family barrister.
- I want Kavanagh.
- No, this really isn't his field.
No, Judy, just get Kavanagh for me.
If anyone can win, it's him.
You must be exhausted.
Come on, I'll take you home.
I don't think I can be on my own right now.
I don't know what you're complaining about, sir.
It's not every day you get a nice, fat private brief.
I don't like Family stuff, Tom.
There's no adrenaline.
Give me a jury any day.
Don't worry, Mr.
Kavanagh.
I'll make sure you get a smart junior to look after you.
Can I have Miss Piper? This ought to be right up her street.
I'll see what I can do for you, sir.
You must be completely off your head! We can break up the moment the selection process is finished.
- Once I'm in, there's nothing they can do.
- You want me to pose as your fiancee? - Yes.
Come on, it'll be a piece of cake.
- We don't even support the same side.
What side is that? Look, it's important.
The Tories are all family values.
I'll never get the nomination if they know I'm single.
You must be mad! Supposing they find out? Why should they? I'm asking you because you'll take it in the right spirit.
Tory women are the marrying kind.
They mustn't get the wrong idea.
Or their ghastly mothers.
Please.
Look, there's a bott two bottles of vintage champagne in it for you.
Please.
Please.
A case.
- A case! - Dom Perignon.
And that's just down-payment.
Oh, God.
All right.
Done.
And no kissing or hand-holding.
Agreed; I'll think about it.
Julia, you're a brick.
I shall be in your debt forever.
I know.
That's what makes the idea so attractive.
Don't run away, Kate.
We haven't had a chat for ages.
How was that er that concert you went to the other night? Er Was it Angry Angry something? - Rage Against The Machine.
- Oh.
- Er would I know any of their stuff? - Not unless you're into rap metal, Dad.
Not that I know of.
Maybe I should give it a listen.
I saw the Stones once, you know, in Eel Pie Island.
'63, {think it was Look, Dad, there's some work I ought to do.
Oh, yeah, of course.
Don't let me hold you up.
(Sighs) Is she serious about this Luke, do you think? For now.
Am I being so unreasonable, Lizzie? No, you're just doing what you think is right.
I never even had the chance to tell her the facts of life.
I told her.
You were prosecuting a juicy fraud at Cheltenham at the time.
I won't disguise from you that we face an uphill struggle but a lot has changed since the original hearing.
There are grounds for optimism.
What about the abuse? Surely that's what we should concentrate on.
Frankly, there's only so much we can do with that.
They have the local authority findings, they have an eminent psychiatrist.
All agree that there is no evidence.
I'll get a psychiatrist.
One who knows what's he's talking about.
I don't recommend it.
There is no reason to suppose that things would turn out any differently.
Mr.
Kavanagh and I believe very strongly that our best chance is to concentrate on the home situation.
We know Peter has problems at home and at school.
Problems that didn't exist before.
Now that has to be at the heart of our argument.
At the very least we feel confident we can persuade the judge that your contact should be maintained.
I am not interested in the status quo, Miss Piper.
I want custody of my son.
I thought that's what this was all about.
Michael, we need to try and stay very calm, OK? Er Whatever you think best, Mr.
Kavanagh.
It's just the thought of what Fisher is doing to Peter.
It's unbearable.
So what reaction do we find? Peter? Peter Duggan! (Laughter) Duggan! (Glass shatters) - Come here! Duggan! Did he say where he was going? He just kept saying he had to get to his father.
In the circumstances, I thought Pete? What's up, son? Don't make me go with him! I'll be good, I promise! - Peter, what are you talking about? - Don't make me go with him! I want my dad! (Sobs) I want my dad! Michael feels the welfare officer's always been against him.
Taken a shine to Terry Fisher, hasn't she? She obviously takes a dim view of the abuse allegation.
Oh, God, poor Michael.
It really doesn't look good for him, does it? Look, Judy, I I know this is none of my business, but you're having an affair with him, aren't you'? - Yes.
- And do you think that's a good idea? Probably not, but I appear to be doing it anyway.
He just seems to er need me.
Not that I entirely blame her.
He is rather attractive.
There's something very gentle behind all the passion.
You sound as though you've fallen under his spell, too.
I might have fallen for him myself in different circumstances.
He's rather my type - older, very bright, confident but still vulnerable.
A bit rough around the edges.
I'm sorry.
You were saying? Nothing.
It doesn't matter.
And finally, Peter was kidnapped from his school, and subsequently held for three days before the father gave himself up to the authorities.
Why don't they sit at the same level? Because Kavanagh is leading, the Junior Counsel have to sit a row behind him.
Harmful behaviour by Mr.
Duggan.
The mother is applying for an order terminating any further contact.
On page 19 of the bundle, paragraph 2, you say that Mr.
Duggan was often aggressive towards you when he collected Peter for his regular contact.
Could you clarify what you mean by that? Michael would always accuse me of keeping Peter deliberately late, or say he wasn't properly dressed.
- He always found something wrong.
- Was there any truth in what he said? I don't think so, no.
You say that on these occasions, he would shout at you.
What did he shout? He said that I was sabotaging his relationship with Peter.
He called me all kinds of names.
Was Peter present? - Sometimes, yes.
- What was his reaction? It really upset him.
He used to be an outgoing, friendly boy, but he went more and more into himself.
It got so bad that on days before Michael's visit, he'd make himself ill.
You state that Peter's behaviour has deteriorated further since the kidnap.
Can you expand on that? He's a very bright boy, but he's lost interest in school.
He's withdrawn and prone to tantrums.
Al limes he's almost uncontrollable.
How would you characterise Peter's relationship with his stepfather? They get on very well.
What is your reaction to the allegation of sexual abuse made by Michael Duggan against your husband? It's total rubbish.
If it wasn't so revolting, it would be laughable.
Terry is a very normal, healthy man.
What is your feeling about the recent local authority inquiry into this allegation? To begin with l was outraged.
But now I'm glad we had to go through with it.
I feel we've been totally vindicated.
It's made us stronger as a family.
Why are you applying for this order now, Mr.
s.
Fisher? Because I'm terrified of what Michael might do next.
I just can't risk having Peter damaged any more than he is already.
I have to protect him.
Mr.
s.
Fisher, it wasn't until you petitioned for divorce that Mr.
Duggan knew that you were applying for a residence order.
How long had you lived with Terry Fisher at this point? Nearly two years.
This is all ancient history, isn't it, Mr.
Kavanagh? The circumstances of the divorce were covered pretty comprehensively in the original hearing.
My contention is that subsequent events put the facts in a new light, m'lud.
Very well, if you're convinced it's relevant.
What took you so long, Mr.
s.
Fisher? I couldn't give him a proper home until then.
So it was always your intention that Peter should live with you and Terry Fisher? Yes.
Why did you tell your then husband the exact opposite? I didn't plan it that way.
I just didn't want to hurt him.
It was easier to let things slide.
Easier in all sons of ways.
Terry Fisher was younger than you, he had a more carefree lifestyle, little experience of children.
Surely it was easier to keep Peter out of the way while you concentrated on your relationship with Mr.
Fisher? No.
It wasn't like that.
Very well.
Let's move on.
It's the case, isn't it, that Peter missed his contact on two consecutive occasions a few weeks before the kidnapping incident.
Why was that? It's like I said in my statement.
The first time, he had a cold and the second, he said he had a headache and felt sick.
I kept him in bed.
When did Mr.
Duggan find out that Peter wasn't able to see him? When he arrived to pick him up.
You couldn't have phoned to save him a needless journey? - No.
He'd already left.
- Both times? Yes.
On the second occasion, Peter subsequently spoke to his father on the phone and told him that he did want to see him after all.
Yes, that's true.
He said something else, didn't he? Something you omitted from your statement.
Mr.
s.
Fisher? He told Mr.
Duggan that he wasn't ill, that you had deliberately kept him in, and that he would prefer to be living with him, didn't he? Yes But we'd had a row.
He was being childish.
He was ill earlier in the day.
He got better and then got upset because he'd had to miss Michael's visit.
It's the sort of thing that children say when they're angry, isn't it? That's right.
Is it not the case that Peter repeated his desire to live with his father on numerous occasions? But he doesn't know what he's saying.
It's a simple enough question.
Yes or no? Yes.
You told m'learned friend that Peter was traumatised by the kidnap.
But isn't the truth that the problem began long before then and persisted even when his father was in prison? The fear doesn't go away just because his dad does.
There is no physical cioseness between Terry Fisher and your son.
Peter is clinging and possessive of your company.
He wants to be with his father.
Surely the facts tell their own story.
Peter is being abused by your husband, isn't he? No, he is not! You say that with complete certainty? Yes.
You claim the relationship between Terry Fisher and Peter is a good one.
How does that manifest itself? I don't know what you mean.
Well do they play football together? Terry isn't really a sportsman.
Perhaps they go to the cinema, then? No.
Not often.
What do they do, then? They talk.
Just talk? Does Peter actually do anything at all in Terry's company? I've told you, they get on all right.
Mr.
s.
Fisher, I put it to you that when Peter is with his father, he is contented, healthy and hard-working.
Put him in the same house as Terry Fisher, and the situation is the exact reverse.
Do you still insist that this is a good relationship? Yes.
Thank you, Mr.
s.
Fisher.
FEMALE QC: No reexamination, my lord.
With reference to the matter we discussed earlier, I can now confirm that Mr.
Fisher is detained on business.
With your leave, he will testify tomorrow.
Very well, Mr.
s.
Singh.
- Jeremy! - Oh, Patricia.
So glad you could make it.
- And this must be your fiancée.
- Julia Piper.
So pleased to meet you.
Everyone's here.
Thought we'd pitch the candidates into the lion's den, as it were.
So tell me, Miss Piper, when are you going to tie the knot? Um, we haven't set the date.
Pressure of work, you know.
Do you plan to give up work after the marriage? - Certainly not, no.
- Um To begin with.
But in the long run Don't let him bully you, my dear.
My view is, if you've got a good career, you jolly well hang on.
Absolutely right.
Absolutely right.
Help yourself to canapés.
I'll see you later, Jeremy.
Just my luck.
A Tory feminist.
Can I give you a tip, please, Jeremy? Yes.
Why not try saying what you actually believe, rather than what you think they want to hear, hm? Agreeing with everything makes you look so servile.
They might actually want their candidate to have an independent view.
Forgive me, Julia, but that shows just how little you know about politics.
- Aldermarten'? - Yes.
- Green.
- Oh, how do you do? - If you're looking for a new car, I'm your man.
- Oh, thank you.
- I'm told you're the one to beat.
- I wouldn't go so far as to say that.
I would.
The word is the committee's split down the middle - you or me.
Well, may the best man win.
In your statement, you explain what happened on 14th May, when you arrived for your regular contact with Peter.
You say that he was deliberately stopped from coming out with you.
Why do you think that? I could see him in his bedroom window, waving.
He looked fine.
But Sam said he was too ill to come out.
What happened then? I lost my temper.
I shouted at her.
What did you do next? There was nothing I could do.
I went home.
But later on, when I talked to Peter on the phone, I decided I had to take action.
Why would Mr.
s.
Fisher deliberately sabotage your contact with Peter? For revenge.
Revenge for what? I think she's jealous of the relationship between Peter and me.
He's just never responded to her in the same way.
There's another incident referred to in your statement, the missing birthday present.
Can you expand on that? I sent Peter a gift for his birthday this year.
Samantha told me that it never arrived, that it must have got lost in the post.
Why did you not accept that at face value? Because Peter said Fisher told him that I hadn't sent a present at all and that I didn't love him any more.
What else did Peter say on that occasion? That Samantha said it proved Terry Fisher was more of a father to him now.
That's not true! It's just total paranoia.
Do you believe everything he tells you? Always.
I brought him up to tell the truth.
You agree with Mr.
s.
Fisher that Peter was often disturbed after his visit with you? Yes, but for the opposite reason than the one she gave.
He didn't want to go home because of Terry Fisher.
Because of Terry Fisher.
I know this may be upsetting to you, Mr.
Duggan, but if we could turn to page 76 at this point.
While you were on the run with Peter, you state that he told you that Fisher was behaving towards him in an improper way.
Now, what did he actually say? He said he didn't like it when Fisher touched him.
What did he mean? He found it very hard to say.
He behaved in a very guilty way, as though he was ashamed.
But in the end, he told me that Fisher would often come in when he was in the bath and offer to wash and dry him.
He said Take your time, Mr.
Duggan.
He said that he touched him down there.
What did he mean? He meant intimately.
What was your reaction? I just couldn't take it in at first.
And I know this sounds stupid, but I'm afraid I got quite angry with him.
How did he respond? He stuck to his story.
Do you now regret abducting your son? I know that it was (Clears throat) wrong to take the law into my own hands.
But if I hadn't done it, I would never have found out what was happening to Peter.
Mr.
Duggan, why did you wait so long before reporting what you say Peter told you about the alleged abuse? I wanted to spare him the pain of an inquiry.
I knew he'd have to see doctors, psychiatrists, God knows who else.
And that would have been worse than being abused? Of course not.
I had this idea that if I waited till I was released, I might get Sam to do something without making it all public.
Such as? Leave Terry Fisher and take Peter with her, I suppose.
What changed your mind? The application to sever contact.
I realised then I'd never make her see sense and I knew I had no choice.
What do you say to the fact that Peter has never repeated this abuse story to anyone? He's frightened.
He may be blaming himself for causing trouble or trying to block it out.
At his disclosure interview with the local authority social workers, he said nothing about any abuse.
I can't help that.
These are highly-trained, sympathetic people.
They found not one scrap of evidence to support your story.
And they've known him two weeks.
I've been there all his life.
He trusts me.
- But you know better than all the experts? - I know my own son.
- This abuse story, it's just a cynical ploy, isn't it? - No.
- Peter never said a word about Terry Fisher.
- Yes, he did.
What were your feelings about Fisher before the abduction? I wasn't a leading member of his fan club.
I think a straightforward answer will suffice, Mr.
Duggan.
- Would you agree you hated him? - I don't hate anyone.
Oh, come along, Mr.
Duggan! R's a little late to present yourself as the forbearing type.
I thought he was a complete jerk.
God knows what Samantha sees in him but that's her problem.
I couldn't have cared less until he started abusing my son.
Ah, but he didn't, though, did he? You concocted this whole story in a misguided effort to get Peter back and to take your revenge against an adulterous wife and the man you hated.
No.
That's not true.
Miss Winston, I'd like to see Master Duggan first thing tomorrow.
Say my chambers, 10 o'clock.
My lord.
All rise.
Long time since I've seen you dive into a drink as if your life depended on it.
It's that kind of brief.
Is it bad? All that rage and hatred pouring out of people who must've loved each other once.
You catch yourself thinking, "There but for the grace of God" I mean, what if that had happened to us, Lizzie? - But it didn't happen.
- Would we have been any different? Would we have ended up tearing each other apart over the kids if some Miles Petersham or other had come along earlier? It wouldn't have mattered who would have come along, I wouldn't have been interested.
And I bloody well hope that you feel the same way.
Look, I've been thinking about Kate Don't tell me, you've decided she should become a nun.
Good God, am I such a Victorian father? The fact is, Jim, if they're going to do it, which they are, whether we like it or not, I'd rather she did it here, where I can keep an eye on her, than down some seedy Lovers' Lane with a maniac lurking behind every tree.
(Knock at door) Is this a good moment? Look, erm this Luke.
How serious are you about him? I really like him, Dad.
You're both very young.
I could have been married for nearly two years.
That's true.
I've always thought of you as being very sensible.
I know all about safe sex and everything.
You don't have to worry about that Oh.
Oh, well l won't, then.
- And Luke's parents? What do they think? - Oh, they're really cool about it.
Yeah, I thought they might be.
Well, your mother and I have been talking and er we both think you're old enough to know your own mind.
If you want Luke to stay over, once in a while, then we're not going to object.
Not much, anyway.
Thanks, Dad.
Strictly weekends, though.
Schoolwork comes first.
Deal? Yeah.
Well, now, Peter.
Come along and sit down.
I think it's time you and I had a little chat.
Isn't it? Ah, the orange cream.
How exasperating.
It's my favourite.
Mine, too.
Still you got there first.
Now, you understand why I've asked you to come here, don't you, Peter? I think so.
You see, everyone, including your mother and father, is trying to do what's best for you.
But um they can't agree what it is.
So they've asked me to decide.
Now, if it was up to you, Peter, where would you like to live? With my dad.
Wouldn't your mother be sad if you went to live with your father? Yes.
But she's got Terry and Dad's only got me.
You know your father did a very bad thing when he took you away without permission? But he told everyone he was sorry.
I suppose you really enjoy being with your father because he lets you play all the time? Well, we do play football together.
But he makes me work hard cos he says I've got to do well at school.
And he doesn't let me have sweets cos he says they're bad for me.
He's not like Terry.
How's that? Well, Terry says I can have whatever I want.
- Why do you think he says that? - {don't know.
I think I think he wants me to like him.
And er do you like him? No! I hate him! Do you have children, Mr.
Kavanagh? Two.
A girl and a boy.
Then you'll understand why I'm doing this.
Have you considered remarrying, Mr.
Duggan? Just so I can get betrayed again? Doesn't have to go that way, surely? Children are the only ones you can rely on, Mr.
Kavanagh.
Theirs is the only unconditional love.
I'm afraid I don't agree with you.
Then you've been a luckier man than me.
Think carefully now, Peter.
Did you say anything to your father about a nasty thing Terry did to you? I can't remember.
I might have done.
No-one's blaming you for anything, Peter.
Take your time.
It's not a pleasant matter, Peter, but I know that you're old enough to understand what's going on.
Is there anything at all that you want to tell me about? All right, Peter.
Now, you told me just now that you hated Terry.
Why did you say that? Because he stopped Mum and Dad being together.
And cos he makes my mum cry.
How does he do that? I heard him shouting.
Then Mum was crying.
What was he shouting about? I don't know.
Did this happen often? Quite often.
All right, Peter.
Miss Winston will see you get safely back to school.
As a consultant child psychiatrist to what would you attribute Peter's disturbed behaviour? R's hard to be definitive, but in my view the natural trauma of separation has been compounded by the father's demanding and highly aggressive behaviour.
You are saying that the father's actions are the likely cause of Peter's problems? I'm saying it's a strong possibility.
Thank you, Doctor.
Doctor Grindlay, is Peter's behaviour consistent with abuse victims? In some respects.
In the light of that, do you feel totally confident that there has been no physical abuse in this case? On the evidence, I would be extremely reluctant to make such a diagnosis.
But you concede it is possible? No.
I don't think that's the situation in this case.
In your report, you note that Peter's attitude towards his stepfather is consistently hostile, don't you? That's true.
Peter became uneasy and agitated when he spoke of Mr.
Fisher.
- Didn't that strike you as highly significant? - I agree it was an extreme reaction.
Yet you place the blame for Peter's behaviour squarely at the door of his father.
My feeling is that the father is the main cause of the problem.
Peter showed extreme hostility towards Mr.
Fisher, spoke affectionately of his father, and yet you still say Mr.
Fisher is not the cause? I would not entirely disregard the relationship with Mr.
Fisher as being a contributory factor in a difficult scenario.
So you agree that Terry Fisher and the home environment are part of the problem? - That's putting it very simply.
- But it is broadly what you are saying? Yes.
I suppose so.
Thank you, Dr Grindlay I think Mr.
Fisher is doing his best.
And in the circumstances, the family is coping as well as can be expected.
What about the lack of closeness between Peter and Terry Fisher? It doesn't surprise me, given all that's happened.
I think with time to heal, the relationship will normalise.
Is that possible if the father continues to play a physical role in Peter's life? I've thought very hard about that.
I came to the conclusion that Mr.
Duggan is placing an emotional burden on Peter that he simply cannot cope with.
That is why I've recommended everything except written contact should be suspended for the time being.
In your report, you say that Mr.
Duggan is a caring and committed father, don't you? I also say that he's highly demanding and, at times, overbearing.
Peter told you repeatedly that he wishes to live with his father.
He did, yes.
Don't you believe him? I think he's taking responsibility on for his father's happiness.
He is thinking of what his father wants, rather than what he wants.
Peter is an articulate and thoughtful boy.
Is it not eminently possible that he really does want to be with his father? He may well be sincere.
But that doesn't mean it's the right thing for him.
You agree that the relationship between Mr.
Fisher and Peter is not a happy one? - I think it's a temporary problem.
- What makes you think that? I've watched the relationship develop over the past two years.
There were no significant problems at first.
I think the deterioration is largely due to the pressure from Mr.
Duggan.
Are you really saying there is nothing else wrong in this relationship? Nothing of great significance.
Mr.
Fisher, what was your reaction when you were told about the abuse allegations? I felt sick.
It's a load of It's totally false.
I'm the real victim here.
How would you characterise your life as a family, Mr.
Fisher? Very happy- All I ever wanted was for me and Sam to be together.
With Peter, I mean.
ALL: I feel so broke up, I wanna go home (Bell) Right, thank you very much, boys.
Off you go.
TEACHER: Quietly.
Were you often alone with Peter, Mr.
Fisher? Yeah, of course.
From time to time.
Did you ever go into the room when he was having a bath? - I might have done.
- Why? I don't know.
To er To wash or shave or something.
- I can't wait all day for him to come out.
- Did you ever wash or dry him'? No way.
He's a big lad.
Did you ever touch him when he was naked? No! Are you fond of children, Mr.
Fisher? Not in the way you're after.
It was a general question.
Yeah.
Kids are OK.
Then I expect you were eager to meet Samantha Duggan's son? Well, yeah.
How eager? - I was keen, you know? - Fm afraid I don': In fact, it was actually very nearly two years after you met Samantha before you saw Peter Duggan.
That doesn't sound very keen at all.
It was difficult.
There was a lot of anger and harsh words.
It was easier for Sam to visit on her own.
Purely as a matter of interest, when did you first find out that Samantha had a young son? Um I don't remember.
Was it five minutes after you met? A week? Six months? - Roughly? - I don't know.
Months, I suppose.
It just never came up.
Months? That's rather extraordinary, isn't it? The woman with whom you were having a passionate affair didn't mention that she had a son? It wasn't deliberate like that.
You don't actually like children, do you, Mr.
Fisher? I might have said something to her about not liking kids once.
Once.
Early on.
It was just pub talk.
She only told you about it when she was sure enough of your affection.
I suppose so.
That was her problem.
Now, let's look at a more recent instance of this warm relationship you have with Peter.
On March 2nd of this year, Peter wasn't collected from school after a museum trip.
Why was that? March? I don't remember.
I would have thought you might, Mr.
Fisher.
By all accounts, there was a row between you and the teacher involved when you did turn up.
Oh, right.
Oh, I've got you.
I couldn't be everywhere at once, could I? I mean, I had to pick Sam up first from the - From where? - The (arm The clinic.
The clinic, Mr.
Fisher? What clinic? Sam was having women's problems, you know.
- I'm afraid I don't.
- Um It's personal.
Answer the question, please, Mr.
Fisher.
She um She had an abortion.
In the circumstances, Your Lordship may wish to hear from Samantha Fisher again.
Yes, I think that might be appropriate.
Mr.
s.
Singh So, to clarify, Mr.
s.
Fisher, you are saying that your reason for going through with the termination was out of concern for your health? I'm nearly 40.
- There's a lot of risks with late babies.
- Of course there are.
Did you want to keep this baby, Mr.
s.
Fisher? I might have liked a baby with Terry.
- He didn't want a child, did he? - He was worried about me.
Isn't it actually the case that Terry, whom you knew had no liking for children, and who resented your son, Peter, insisted that you have an abortion? It wasn't like that.
It was a mutual decision.
You're devoted to Terry, aren't you? You'd do anything for him.
Is that wrong? He's my husband.
I love him.
Love him so much that you would have an abortion that you didn't want and conceal the existence of a son you did have in case he rejected you.
You make it all sound planned and calculated.
I always intended that we should be together again as a family.
Perhaps.
But a family where Peter's needs emphatically came second to your husband's.
Isn't it true, Mr.
s.
Fisher, that at start of the abuse investigation, you were advised it would be in your best interest if Terry left home temporarily? - Yes.
- But he didn't, did he? It was unfair.
He hadn't done anything wrong.
It was more important to you not to be separated from him than to protect the best interests of your son.
I wouldn't allow any of Michael's rubbish to pollute our home! Isn't this another example of your husband's interests coming before your son's? It was nothing but lies! Peter had no idea what he was saying.
I never believed him for a second.
Peter? You said Peter, Mr.
s.
Fisher.
Michael.
I meant Michael.
I don't think you did, did you? Did Peter say something to you about Terry Fisher? You must answer, Mr.
s.
Fisher.
Yes.
What did he say? That Terry had touched his private parts.
This was before Mr.
Duggan reported the allegation? Yes.
What did you do? What did you do, Mr.
s.
Fisher? Nothing.
It wasn't true.
You did nothing? No.
- You didn't say a word to anybody? - No.
- Not to the social workers? - No.
- The psychiatrist? - No.
- The boy's father? - No.
- Did you tell Terry Fisher what Peter had said? - Yes.
- What was his reaction? - He was very angry.
- He denied it? - Of course.
It wasn't true! What exactly did he say? That either I backed him or I'd never see him again.
So you told Peter to keep quiet? It was better that way.
If it wasn't true, what was the point of stirring everything up? The truth is, Mr.
s.
Fisher, that you couldn't bring yourself to admit that the man you adored, whom you needed more than anyone, was capable of doing something like this.
You rejected a can for help from your own son.
JUDGE: This is a difficult case.
One that gives me a great deal of concern.
However, having considered the situation in a fresh light the fact that Peter Duggan lived with his father for two years after his parents separated, in what appears to have been a satisfactory arrangement, weighs heavily with me.
I am also persuaded that on the balance of probability there is something gravely wrong with Peter's present family circumstances.
And therefore, with some misgivings, I am going to grant Mr.
Duggan's application for residence.
We did it! All rise.
- We've won.
- I know.
There are no words for what I feel.
Thank you.
DUGGAN: Peter? Peter? What are you doing here? Are we going home now, Dad? Yes! Just like I said.
- All of us? - Not straightaway.
- You're coming home with me.
- What about Mum? Well, I'll explain everything later.
- When? When is she coming? - You have to go with Daddy, darling.
- You promised we'd be together! - I can explain.
You promised! You said if I said all those things about Terry, Mum'd come home! - Shut up! You'll ruin everything! - You lied to me! - He doesn't know what he's saying.
- He said I could put it all right.
(Sobs) You lied to me! I had the right.
He's my son! JUDY".
I mean, the hostility towards Fisher was real enough.
Duggan just built on that.
God, he coached him so effectively.
It seems incredible that a boy of his age could have sustained a lie like that for so long.
There'd been so much anger and unhappiness.
He really thought it was up to him to put things right.
(Sighs) But you know Michael will never give up.
He perjured himself.
He could be looking at two years inside.
No, believe me, I know him.
He'll just count the days until he's out and then start again.
Anyway Judy- I'm OK.
Tom, get me a burglary, get me a good assault, get a GBH, even a murder.
Get me anything criminal, even if it's "drunk in charge of a bicycle!" But don't get me a flaming Family! All right? (Knock at door) - Yeah? They selected the bloody car dealer! Can you believe it? God, politics is a dirty business! Oh, Jeremy, I'm sorry.
Maybe they just thought that your future wife wasn't up to snuff.
It's not funny, Julia.
It'll take me ages to find another seat like that.
A car dealer! No wonder this country's going down the pan.
Oh, don't be such a snob.
Let's have a drink.
We could both use it.
As it happens, I've got some rather good champagne in my room.
Ha-ha! Highly droll.
MAN ON TELEVISION: There's nothing new or unexpected I think that we'll find there.
Well, I'm bushed.
Good night, then.
Good night.
- Good night.
- Night.
(Door opens) - Good night, Dad.
- Good night, Kate.
Is Luke not staying, then? Maybe some other time.
I don't understand.
What was all the fuss about, then? Maybe establishing the principle was the main thing.
(Chuckles) - What was that about? - I don't know.
Counting a few blessings.
Time for bed, I think.
Yeah, me too.
I'm exhausted.
That wasn't what I meant.
Oh.
Good.