Silk s01e06 Episode Script
Episode 6
- Mark Draper.
- What about him? He's just been arrested.
It's for murder.
MARTHA: Mark Draper is the reason that I do this job.
So, silk interview.
- Is that what I think it is? - Names of my interviewers.
Only the most high-ranking female judge in the country.
Judge Cranitch.
The bar's made for you.
Daddy the judge and all that.
- You're co-defending with Niamh? - Yeah.
You're in a contest.
I'm pregnant.
You can count on me, Martha.
Whatever you want by way of support for this baby, you'll You'll get it from me.
Gary Rush is a horrible burglar, with pages of form.
Say hello to Martha Costello.
Tell her she's the girl for me.
There will be nothing on that medal to link Gary Rush to it, so you do nothing.
Billy We're not sure how he fits in.
I want you on the inside of this coup, working for me, feeding me everything I need to know.
You want me in your gang when you kick Billy out of the door.
Let's not talk about this again, ever.
It feels dirty.
(MAN SPEAKING IN HEADPHONES, INDISTINCT) Martha.
Martha! Come on.
- What were you listening to? - Upstairs, Downstairs.
What? The sound recording on John Guthrie's webcam upstairs, while his father was being killed downstairs.
OFFICER: Why take a knife with you, Mark, - to a domestic burglary? - MARK: No comment.
OFFICER: What did it feel like, Mark, sticking a knife in a 60-year-old man? MARK: No comment.
OFFICER: Because Mrs.
Guthrie saw you do this.
Mark, she couldn't be clearer.
You and the judge were at the bottom of the stairs and you put the knife in him.
This is your chance to tell us why.
For the benefit of the tape recording, the suspect is shaking his head to indicate "no".
(INDISTINCT SPEECH OVER POLICE RADIO) MARTHA: Wait there.
(TALKING OVER POLICE RADIO) Thanks.
This isn't going to be easy.
Time to go.
(CAR PULLING UP) Come on.
Would you stay in a house where your husband and father had been stabbed to death? Uh I'm going to see my client.
What, you're not going back to chambers? Sorry.
What am I supposed to do? I hear the London Underground is a convenient and modern mode of transport.
The Tube? You and this girl.
You follow him back to his front door, you've got a knife with you.
She holds the judge hostage while you look round for things to steal.
The wife comes back, and she's a witness to the fact that you stab him.
There's blood all over your clothes, you run away from the scene when the police arrive, you lie when you're arrested, you confess in the back of the police car, you've got the judge's car keys in your pocket, and you've pleaded guilty to the burglary of his house.
- Is there anything I've left out? - Emma.
Your co-defendant says it was you who did it, in her police station interview.
I was defending myself.
I've told you this.
I was on the floor, and he was going to hurt me.
Mark, this is the law.
The force you use in defending yourself has to be reasonable.
Whether it's reasonable depends on the circumstances.
But basically, it boils down to common sense.
This is a 60-year-old man, in his own home, he's confronted with two wired-up, armed intruders.
Who does common sense tell you the jury's going to like better here, Mark? He went for me! With the golf club.
But you've seen the wife's witness statement.
Does she say anything about a golf club? Anything about her husband trying to attack you? He was swinging it at me.
He went mental.
I fell over, and I thought that he was going to kill me.
He just missed my head with it.
And this is when you stabbed him, in self-defence? I've told you.
It feels like he's just come up with it.
The golf club.
You made that pretty clear to him.
I'm getting full instructions this time, Michael.
I'm not going to go court half-naked again for Mark Draper.
Get our experts to look at the golf clubs.
Our expert's taking all his cues from the prosecution, ma'am.
- He's not the best person to - Bill Cutler.
He's an old friend of mine.
I'll give you his number.
- Oh, we haven't got time to - He'll find a way.
To be honest, Michael, we need all the friends we can get.
Barristers never admit to leaning on clients to get the instructions they want from them.
Mostly because they don't know they're doing it.
Leading questions become second nature.
"Would I be right in thinking" "Correct me if I'm wrong, but" Now, that's not what I do, Emma.
I just want to get something straight.
When the stabbing actually happened, the victim's back was towards you.
You couldn't see the last moments because your view was blocked by the judge.
Good.
Got that? Excellent.
- Bill Cutler on line one, miss.
- Thank you.
- Alan.
- Hello, Martha.
- You look great.
- Thank you.
He looks like a head of chambers should look.
Oh, and what's that, Billy? Half George Clooney, half Joanna Lumley.
(CHUCKLING) - (WHISPERING) - Okay.
Anything happened in the last four months I need to know? - Apart from all our CPS work drying up? - My fault.
- Not Billy? - No.
- It will hit Kate hardest.
- I know.
I've got a call waiting.
Bill Cutler? - (HANGS UP PHONE) - How do you know? Well, the whole world is talking about the Judge Guthrie murder.
- Needs a silk.
- Yes.
You know this boy really well.
He trusts you, and you've done lots of work on it, all of which makes you the perfect junior.
Me leading you, Martha.
Strictly come murder.
You know, there's nothing I'd like better.
But the client wants me.
- You sure? - Yes.
Ah! Just the woman I wanted to see.
- What? - I need a junior.
In my murder.
- (SIGHING) - Bill.
Sorry to keep you waiting.
- Brian.
- Gary Rush.
It's floating.
I want to look you in the eye and hear you say that Martha Costello will be representing him.
Is it that vital? It's vital to Rush, so it's vital to me.
I'm sorry, Brian, is there some other reason you've come here today? I've been thinking.
It would simplify everything for my firm if all our junior work was to go to one set of chambers.
You get regular, guaranteed income, I don't have to think too hard.
- Is that an offer? - I need to know that we get priority over other solicitors.
When we want Martha Costello, we get Martha Costello.
Even if she has to pass up something heavier from somebody else.
Martha Costello has to do Gary Rush.
BRIAN: You took the words right out of my mouth.
Clive! I don't think you should.
What? If I get a place in chambers, I want it to be because I'm good, not for any other reason.
I respect that.
I I really respect that.
Look, can I ask you something? Yes.
His Honour Judge Cranitch.
He hasn't said anything about your silk interview.
My father's not like that.
He plays by the rules.
And you haven't told him that we You know.
No.
Committee meeting, sir.
Mr.
Cowdrey's waiting.
What's it about? You.
- Niamh Cranitch.
- Well, she's a real lawyer.
I mean, she looks right, she feels right.
Solicitors love her.
She fits in.
It's irrelevant, of course, that her father's a judge.
We probably won't talk about it, then, if it's irrelevant.
- Nick Slade.
Martha.
- He's a breath of fresh air.
He's testing, lateral thinker, passionate, secure enough to stick to his guns when he doesn't agree with members of chambers and and he doesn't fit in.
Which is a big asset in my book.
And Kate.
The criteria's always been that we take people who are exceptional.
I don't think either of them are exceptional.
Right, so we leave it to a vote at the chambers meeting.
Uh, Kate's a bit threatened by Niamh.
Because of her background? No, no, because she's worried that she's going to steal all her work.
What's left of it.
My feeling is that Niamh will bring in her own work.
And give the bottom end a bit of a boost.
- How's the top end? - I'm okay, yeah.
- What? - What, you're the whole of the top end? - Martha's doing well, too.
- Right.
Good.
So, what do you think? You and her? Neither? One of you? Oh, silk.
Who knows? Feeling confident, though.
Interview went well.
You didn't say in there what you think about Nick.
- Martha seems to feel - (SCOFFING) Feel.
- Yeah, that the word.
Feel, not think.
- What? (SIGHS) You might find Martha's judgement a bit personal at the moment.
Did you get her pregnant before or after you started sleeping with your pupil? (CHUCKLING NERVOUSLY) Ah! My two little boys! - Sometimes I feel like Rolf Harris.
- I'm 53, Billy.
However old and grey you get, you'll always be my little boys.
- Set up a moot.
- Sir? I want to see both pupils, in action, under pressure.
Moot.
Excellent.
You know, we could use the brief from last time.
The one with the bender in it.
Excellent.
(CLEARING THROAT) What's a moot? Nick and Niamh get a mock brief.
They've got five minutes to prepare, and they do it exactly like they're in court, only they're not.
They're here, in front of all chambers.
Best man wins, usually the one that doesn't wet themselves.
(CLEARING THROAT) Be honest with me, miss.
How many murders of this quality have senior juniors leading them? Ah.
That's a rhetorical question.
Here's a real one.
Have you been speaking to Alan Cowdrey? You know how brilliant I think you are, but How this is too heavy for me? Is that what you're trying to say? Presumably, you've said the same to Clive.
- No.
- Oh, why not? He's in the same boat.
He's second on the indictment and his head is below the parapet.
And, how can I put this? There are some cases - you'd feel more at home with than him.
- Hmm.
And there are some cases that he'd feel more at home with than you.
He went to Harrow and Cambridge, you went to secondary modern and Lots of nightclubs in Manchester.
I think Mr.
Cowdrey is wrong, as it goes.
Really? I think you wouldn't make a good junior.
You've got too much gob and brass for the donkey work.
You don't want me in this trial at all, do you? The obvious thing is you do Gary Rush and Mr.
Cowdrey leads Kate in the Mark Draper trial.
No.
You scared of Gary Rush? Mark Draper really matters to me.
- I need this, Martha.
- The answer is no.
This is the biggest case I have ever done.
I need your support.
Phil? It's Billy.
Can I come and see you first thing? Cheers, thanks.
- All right, John? - Yeah.
I'll be in late tomorrow.
I've got a breakfast.
Hmm.
Who with? Audrey Hepburn.
(CHUCKLING) MaƱana, Johnny boy.
(DOOR CLOSES) - You're the best list officer there is.
- What's happening? - Gary Rush.
- Yes.
Floater from tomorrow.
Yeah, I don't want that to happen.
It's floating, it might get called, it might not.
- Well, I've got a preference for "not".
- Why? Martha Costello.
I want her to do Mark Draper, finish it, and move on to Gary Rush.
I don't want her double-booked.
Counsel's convenience.
You know I need a better reason than that.
Tell him not to worry.
Kate.
I'm going to go down and see Mark.
Where was Emma? - In the corner.
- Which corner? Can't remember? - Probably panicking.
- Yeah.
Panic.
- What about Emma? - What about her? - Is she going to get off? - Oh, I'm not representing Emma.
- Yeah, but what do you reckon? - How did you get the knife from her? She passed it to me when we heard someone coming through the front door.
Oh, the jury are really going to hate this, Mark.
He went for me with a golf club.
Well, that's not what Mrs.
Guthrie says.
And even if they do believe you, the jury are going to completely understand why he'd go for you.
He went mental! Tell me about Emma.
She's great.
And what does your pimp think about you seeing her? He didn't like it.
- But you carry on? - Yeah.
She must mean a lot to you.
(MARTHA KNOCKS, DOOR OPENS) (DOOR CLOSES) Brian, we're all right on Gary Rush.
Yeah.
All right.
See you.
(CHUCKLING) - Big breakfast? - Massive! I have just secured a 20% increase in work for us.
All of camp Frogett's bottom-end briefs are coming here.
How did you do that? Good clerking, John.
That's it.
- Chambers accounts, Billy.
- Yes, sir.
- I want to see them.
Tomorrow night.
- Sure.
Sure.
Because? Because I'm head of chambers and I need to know.
And because you have many strengths, Billy, but history tells us that money is not one of them.
BARRISTER: No defence case statement.
You're going to get shouted at.
It's not my fault.
Joe Gillespie.
How you doing? I'm prosecuting you.
Ah.
I've been shouted at before.
Not at the start of a major murder trial with a red judge and half the world watching you.
Client's late instructions.
You know how it goes.
I can take things shouted at to protect my client.
Late instructions usually means lying instructions, in my experience.
And what experience is that? Terrorist trials, mostly.
I spent 15 years in Belfast before I came here.
- "I did it!" - What? Your boy's verbal in the back of the police car.
It's damning not for what he says but for what he doesn't say.
What doesn't he say? "In self-defence".
How did you know we're running self-defence? I didn't.
But I do now.
I hope you live up to your rather interesting reputation, Martha Costello.
Meaning? Well, are you going to sabotage this case, for example? Or is that just something you do when you're prosecuting psychopathic teachers? You don't scare me.
It's an adversarial system.
No point pretending we're not adversaries.
Joint enterprise.
What is it? Well, we say that Mark Draper did the actual stabbing that caused Colin Guthrie's tragic death.
But the getaway driver is just as guilty of robbery as the man standing in the bank with the sawn-off shotgun.
Emma Slater had control of the knife for some time within the house.
Her fingerprints are on the knife, she may even have brought the knife into the house.
Neither of the defendants will be denying that they were there that night.
But you would be wrong in thinking that it's irrelevant that Mrs.
Guthrie subsequently picked them out on an ID parade.
The defence will attack this witness, the victim's wife.
They might even argue that this 60-year-old man was killed in self-defence.
And to do that, they will have to prove that Mrs.
Guthrie's memories of the events are wrong.
And so, I would just ask you to bear this in mind.
The clarity of thought, the extraordinary grace under pressure it takes to identify two people who have just caused the death of your husband, in front of you, in your house, at night, with your son upstairs in his bedroom.
And what that then tells you about the quality of her evidence.
I came in, the lights were off.
Usually if we're out separately, we leave the hall lights on until we're both in.
I'm sorry.
I keep talking in the present tense, as though he's still here.
I keep expecting him to walk in and tell us it's over now, we can get back to our life.
And what happened next? I switched the lights on, and just as I did, I saw him, coming out of the sitting room.
I picked up the phone and dialled 999.
He shouted at me.
I told him I wasn't scared of him and carried on with the call.
And he came at me.
He He grabbed me.
- How? - Uh By the wrist.
I tried to switch the phone to my other hand but he grabbed that wrist, too.
The phone fell.
JOE: Then what happened? My husband came out of the sitting room into the hall.
And Draper let go off me, and he just went for him, really.
He He went berserk.
JOE: And what did you do? I ran to the back of the hall.
I turned around.
And that's when I saw him stab my husband.
- I'm sorry.
- JOE: There's no need, I'm I'm sure we all understand.
HELEN: I've left all his things.
Do you think that's odd? I just don't want to give them away.
Point of law, my lady.
Jury out, please.
We've heard quite a lot about how hard it's been for Mrs.
Guthrie to deal with the death of her husband.
We're all hugely sympathetic, of course.
What is your point, Miss Costello? If Mrs.
Guthrie wasn't the widow of a judge, I wonder if your ladyship would be allowing the prosecution to elicit all this? He's not eliciting anything.
As with all the best advocates, I'm not sure if I can remember a word he's said.
Jury back, please.
(DOOR OPENS) Settle down a bit, will you? It's right, of course, that you have no criminal convictions? Three points on my licence.
Does that count? You've been married to a judge - for 25 years.
- Yes.
So you know that points on your driving licence does not constitute - a part of a criminal record.
- (SIGHING) It was just a light remark.
- You hadn't driven home? - No.
- Why not? - I don't drink and drive.
So, is it fair to say - that your senses were impaired? - A little.
And then you were plunged into this frightening situation.
Yes.
You were scared.
A little drunk.
And when you say this altercation happened between your husband and my client, you were cowering 33 feet away at the back of the hall.
I saw what happened.
Your husband was between where you were standing - and my client.
- Yes.
So how could you see what my client was doing? I'm not wrong about this.
Sometimes, what we believe to be true and the actual truth are two quite different things.
Do you know what it's like to see him there with his girlfriend? How long have they known each other? (VOICE BREAKING) I loved my husband for 25 years.
Your husband had a golf club in his hand, didn't he? - No.
- He was swinging it wildly at my client.
I think I would've seen that.
Mark fell backwards, and your husband went for him with a golf club.
HELEN: I don't know where you're getting this from.
Her client, presumably.
Emma Slater wasn't involved in the altercation which led to the knife wound that killed your husband? No, she was standing behind him.
CLIVE: And she stayed where she was? HELEN: Yes.
Until after the struggle between your husband and Mark Draper? Yes.
And you can't help us in relation to anything she was doing before then? No.
- Because you weren't there.
- That is correct.
Thank you so much, Mrs.
Guthrie.
USHER: All rise.
"Thank you so much, Mrs.
Guthrie.
" She's a decent woman, her husband's dead, and the jury like her.
You're not helping your client by sniping at a dead man's wife.
- Where you going, Jake? - Quick dump.
What stationery? Billy was at court this morning.
Really? Doing what? - In with the list officer.
- Not eating breakfast.
What? I saw him take 300 quid out of petty cash last night.
Today, there's 300 quid, "stationery", gone out of chambers accounts.
- The identical amount, miss.
- (FOOTSTEPS) (CLEARING THROAT) - Is Gary Rush floating, Jake? - Yeah.
- Will he go on, Jake? - No.
- Why not, Jake? - Good clerking.
Custard cream, miss? - I want to talk about Billy.
- Okay.
It's serious.
He's the best clerk there is.
Why is it, when you don't even know what I'm going to say, you feel it necessary to tell me how wonderful he is? (SIGHING) 80% of the time he plays it by the book, and 20% of the time he doesn't.
That's how it will always be with Billy.
When I'm away, the 20% goes up, then I get back.
This is more than not playing it by the book.
He's corrupt.
I've always admired you as a lawyer, Kate.
There are other people here who do performance better, but nobody with your love and respect for the law.
- What does that mean? - Evidence.
I hope you can back this up with proper evidence, because if you can't, I'm not sure it's healthy for me to know what your complaint is.
What? As head of chambers, I'm ultimately responsible.
If something ugly comes out, what will that do? There'll be stench.
And if the evidence isn't there, where does that leave us? The stench will linger.
On me, on you, on all of us.
- Under the carpet.
- I didn't say that.
I'm back.
Billy knows he has to behave when I am here and he will.
(DOOR OPENING) - Gary Rush.
- A mention.
Trial.
- Gary Rush, the aggravated burglar? - Yes.
- Problem? - No.
- It says it's floating.
- Yeah.
- (DIALLING) - Well, what does that mean? I respect that, miss.
You standing there, not afraid to look stupid.
It's a standby case, miss.
If a listed trial doesn't get off the ground, then a floater takes its place in the vacant court.
Miss, your forensics man rang.
He's on his way in to see you.
Thank you.
So it might not happen.
It might.
It might not.
Clive, Billy's given me this aggravated burglary, and there's some kind of sexual element to it You'll be fine.
And I can stand up at the tenancy meeting and say my pupil's in a serious trial.
End of argument.
Now, take a look at this for me.
Sentence on a street robbery.
- Defendant's in breach of a bender.
- A bender? A suspended sentence for drugs, I think.
Dig out the sentencing authorities, do me an advice on sentence.
- I've got this trial.
- Just do the advice, Niamh.
It's not listed for another three weeks.
Just do it, okay? I'm trying to help you here.
So, we recall Helen Guthrie.
- I'll try and be there.
- Really? There are murders and there are murders.
- This is right up there.
- Thank you.
What's going on? I need you to check through this.
- What is it? - It's a transcript of the sound from the webcam in John Guthrie's bedroom.
It's web chat with television in the background.
I want you see if you can pick anything up that's happening downstairs.
Doors slamming, yelling, anything.
And do it properly.
Check the transcripts against the sound.
- All of it? - Yes.
Oh, no, I've got loads of work to do for Alan Cowdrey Look, this is the biggest trial I've ever been in.
Just get it done! He's bent.
- What do you mean? - He's bribing a list officer.
- You sure? - Billy's dangerous.
Bribing court officials, Clive.
That's a criminal act! If it got out, we'd all be finished.
- You've been to Alan about this? - Yes.
- And? - He stopped me telling him.
- Why? - Because, if he knows what the allegation is, then he has to act.
And he doesn't want do that because it leaves us all badly damaged.
- So? - Catch-22.
Do the right thing, go to the authorities and ruin my career.
Do nothing, wait until Billy gets caught and ruin my career.
And why are you telling me all this? There's an empty building on Fountain Street.
A breakaway set? I've got 15 names that'll go with us.
The whole bottom third.
But we need a head of chambers.
Of course, you'd need to get silk.
Yeah, of course.
Do you think you'll be a QC this time next week? Yes.
Oh, Billy.
There's something you should know.
It's big.
I want a guarantee from you first.
- Go on.
- Now, I've told you, I want to be cut free from being your mole.
It's no way to live, spying on people.
And they mustn't know it was me.
Whatever you decide to do, they can't know it was me that grassed them up.
Go on.
Kate and John and the whole junior end are looking to split.
How far have they got with it? They've found a building.
And how do you know about this? Oh, of course.
They want a shiny new silk to lead them into the promised land.
It goes without saying I've got no intention of going.
Goes without saying.
(DOOR OPENING) Accounts.
I'm ready.
Sir, you are not going to believe this, but my computer's just gone down.
(DIALLING) Hello, can I speak to Judge Cranitch, please? (INHALING SHARPLY) Oh, God.
(MOANING SOFTLY) (EXHALING) - Are you a golfer? - No.
- Never play? - Never.
Your husband's fingerprints are on his golf clubs, and obviously, you'd expect that.
HELEN: They were his, he used them.
MARTHA: Why are your prints on the four iron? Obviously, I must've touched them at some point.
- You mean, in the hallway? - Yes.
What? Passing the bag by the front door? I think, Miss Costello, we all come into contact with items in our homes without thinking too much about it.
The fingerprints are halfway down the shaft.
HELEN: I don't know, I must've cleaned them or something.
MARTHA: Really? Cleaning the shafts of your dead husband's golf clubs.
It could've been before he died.
- Do you have a cleaner? - Yes.
- Do you have a duster? - Sorry? It's just, you see, Mrs.
Guthrie, I wouldn't have put housework down as a big part of your life.
I don't remember.
And it's ridiculous of you to ask me to remember this kind of trivia.
Maybe you're right.
I'm sorry.
And you'd remember such a particular act if you'd done it recently.
I mean, in the past few months, between your husband's death and now.
- Yes.
- And, of course, you told us earlier in your evidence about how you'd left all your husband's things where they were.
- Yes.
- Good.
Shall we move on? Any idea how particles of your husband's blood came to be on the golf club? No.
How would I know? Hmm.
Funny.
I was sure you were going to help us here.
Oh, well, never mind.
Maybe you can help us about what's on top of those blood particles.
Your fingerprints.
(MURMURING IN COURT) I mean, how can that be? You've just told us, absolutely, that you hadn't touched his golf clubs or any of his possessions since he died.
So, one more time.
How did you fingerprints get to be on top of your husband's blood? Mmm? I'm happy to wait, Mrs.
Guthrie, as I'm sure the jury are.
Okay, well, shall we have a go at it together? - Don't patronise me.
- I'll do whatever I want, until you start telling the truth.
- You'd better be careful what you say.
- Mmm.
Very.
Ninety seconds between the two police officers in the first unit leaving you in the house to chase the two defendants, and the arrival on the scene of the second police car.
- Ninety seconds alone.
- I'll take your word for it.
Ninety seconds, during which time you moved the golf club and put it back in the bag.
I must've done, I don't remember.
Must have done, or did? - Did.
- Why? To protect my husband! It was stupid of me, I I just thought that if the police, and then someone like you found out my husband had a yes, a weapon, then he might get off, and that wouldn't be right, would it? - Someone like that.
- MARTHA: Someone like what? Someone who does what he does.
MARTHA: What? Someone who sells his body for sex, from the age of 13, so a pimp can make money out of him? Are we sure you've told the jury the whole truth now? Yes, I am so sorry.
I should have been truthful from the start, um He had the stupid golf club but he did nothing with it.
Nothing! Um I just I got in a bit of a pickle.
I do hope you understand.
Um (CLEARS THROAT) (INAUDIBLE) We're floating.
Shall I explain what that means? I know what it means.
Shall I explain how I feel about having a 10-year-old represent me? Mr.
Rush, why don't you and I do our best to get along? - How is she? - Who? - Miss Costello.
- She's fine, considering.
Considering what, Miss Cranitch? Her condition.
Brilliant.
I can't thank you enough.
- It doesn't add up.
- What? - Mark's story.
- What do you mean? The angle of entry for the knife, it's sideways with a touch of downwards angle on it.
Not done by somebody on the floor or coming up from the floor? Mark's right-handed.
That would be like a backhand tennis shot with a knife.
It doesn't make sense.
Sorry about that.
Hi.
Sorry I'm late.
I was doing that work for Alan.
I'll get that webcam thingy done as soon as I can.
Yeah, just get on with it, Nick.
Clive, Robing Room.
Now, please.
- What is this? - Stand there.
- What are you doing? - Come at me.
- What? - You're Mark, I'm the Judge, stab me.
(CLIVE SIGHS) - Wrong side.
- What? Mark's right-handed.
They were standing face to face.
The Judge's wound is in the right side.
It couldn't have been Mark.
- No, no, wait - It wasn't Mark! - Yeah, it wasn't Emma, either.
- Emma's right-handed, too? - Exactly.
- Well, turn round.
She was standing behind him, Mrs.
Guthrie said.
Right-handed.
Right side of the body.
Where are you going with this? I'm giving you a chance to talk to Emma.
He was so angry, like he wanted to kill Mark.
Oh, Jesus Christ.
Why didn't you just tell me this before? I mean, I gave you the chance.
Mark said I needed to trust him.
He said he'd get us off first and you seemed happy with what you had.
Hang on.
"Us"? How does any of this help Mark? It doesn't.
(SIGHS) You're not being clear.
Just tell me the truth! Us.
Us, as in me and the baby.
Oh, my God.
- I'm sorry.
- (SIGHING) Martha, Martha, where are you going? - To see Mark.
- She's pregnant.
- Hey, is it a boy or a girl? - I don't know.
- Where are you going? - To see my client.
- That should be me.
- Look, Mr.
Rush Mr.
Rush, is it? Mister, like you respect me or something? Huh? You promised that you'd represent me, Martha.
You've been lying to me, Martha.
You've been lying to me! (MARTHA GROANING) - Leave her alone.
Come on.
Stop it.
- What? Stop it! Back off, right? GARY: Hey, all right.
Hey! - Come on! - Come on, lad.
- Martha, where are you going? - (SOBBING) I don't know.
Oh, God.
Martha? - What is it? - I'm bleeding.
- You're bleeding? - Mmm-hmm.
Can you call an ambulance? Somebody call an ambulance! Come here.
- It's fine.
You're going to be fine.
- It's not fine.
It's not fine.
What? We sent her flowers, yeah? Thirty-six red roses.
(PHONE RINGING) Hello? Yeah.
Okay.
Thank you.
She's okay, but um She's lost the baby.
GAMER ON TAPE: Go for the dark forest, into there.
GAMER 2: I'm putting on the cape Only got 30 seconds of this left before I appear.
(GUNSHOTS ON DVD) GAMER 2: Hey, do you want to go up a level? Only it's a bit harder, but more surprises.
GAMER 1: Yeah, definitely, go for it.
GAMER 2: No, no, no.
Go over by the mountain.
- MAN: I'll kill you, you bastard! - (SIRENS ON DVD) GAMER 1: Sorry, can you say that again? GAMER 2: Over by the mountain.
(REWINDING) - Go over by the mountain.
- I'll kill you, you bastard! (STOPS TAPE) (SIRENS, INDISTINCT SHOUTING ON DVD) (TAPE PLAYING) (INDISTINCT CLAMOURING) It's not on the film.
(REWINDING) MAN: You bastard! I'll kill you, you bastard! I was in my bedroom watching a DVD and on my webcam doing a role-play game.
Did you see or hear anything that was happening downstairs? No.
I came down after the police arrived.
(DOOR OPENING) No questions.
(DOOR CLOSING) Okay, okay, okay.
Um, it's on the sound.
The comment Miss Brockman.
It's hard to explain now, I'm the junior, right, technically? - Yes.
- Right.
Okay.
I'll do it.
I'll do this.
- You're upstairs the whole time, yeah? - Yes.
We're not in America, Mr.
Slade.
We don't do walking and talking.
And you had the television on with the volume up? Yes.
And at the same time you were on your webcam? A role-play game.
Yes.
Listen to this.
It's the recording of the webcam.
GAMER 2: Only got 30 seconds of this left before I appear.
(GUNSHOTS ON TAPE) GAMER 2: Hey, do you want to go up a level? Only it's a bit harder, but more surprises.
GAMER 1: Yeah, definitely, go for it.
GAMER 2: No, no, no.
Go over by the mountain.
MAN: I'll kill you, you bastard! NICK: Stop it.
Rewind.
(TAPE REWINDING) Again.
this left before I appear.
- (GUNSHOTS ON DVD) Hey, do you want to go up a level? Only it's a bit harder, but more surprises.
Yeah, definitely, go for it.
- No, no, no, go over by the mountain.
- I'll kill you, you bastard! Who's that? (TAPE STOPS) It's Dad.
NICK: Thank you.
Thank you very much.
Call Mark Draper.
Thank you.
(CLEARS THROAT) - The Judge knew what I did.
- From your court appearances? - No.
- How? MARK: For personal reasons.
Sorry? He paid me not to tell anyone.
Once a week for three months.
I saved it all.
Emma's pregnant.
I wanted that money to get away from a crappy life.
But then he stopped paying me.
I thought, "I know where he lives.
" We went there to steal his car so we could get away.
Emma didn't know anything.
I didn't tell her about it.
Liar, Mark Draper.
Are you honestly asking this jury to believe that His Honour Judge Colin Guthrie, respectable family man, was paying you, a proven liar, to keep quiet about his intimate relations with you? No.
All right, then, let's get this thing out in the open once and for all, and no more lies.
- Ask John Guthrie.
- Why? What's he got to do with anything? It was John.
The Judge was paying me to keep quiet about me and his son.
How many more versions of this story are we going to get? I'm telling the truth! I'm sick of it.
I'm sick of you twisting things.
His son was paying me for sex.
He found out, I blackmailed him, but then he stopped.
- You were angry.
- No.
You were a thwarted blackmailer.
You were angry that Colin Guthrie stopped the payments.
No! Why won't you listen to me? You went there with a knife intending to get what you wanted and when you were confronted, bang, your anger boiled over.
No, he tried to kill me.
You can't both be telling the truth.
Are you saying that Mrs.
Guthrie was lying? Yeah! She knew everything.
She must have.
That's why she wants to see me go down so much.
She's trying to finish off what her husband couldn't do with a golf club.
(SCOFFS) And you lot.
You can't wait believe her, because she's posh and smart.
And I'm some shitty rent boy.
You stabbed Colin Guthrie, do you deny it? No! You went there with a knife intending to kill him.
All you're doing now is trying to stop yourself from going to prison.
Whatever it takes, you'll do it.
Whoever you need to lie about, you'll do it, you! Mark Draper.
You had the knife? - Yeah.
- That's what Mrs.
Guthrie says.
- Yeah.
- And that's what you say.
Yeah.
You grabbed Mrs.
Guthrie's wrists when she called the police? Yeah.
How? What? How did you do that with a knife? I mean, how did that happen, Mark? How could that be? Look at me.
The truth, Mark.
I know what it is.
But the jury, they need to hear it from you.
The Judge went for me.
I fell backwards and he shouted, "I'll kill you, you bastard!" And then he brought the golf club down and just missed my head by an inch.
He would have killed me.
Did you have the knife? Did Emma? She had no choice.
The next time he would She saved my life.
She saved my life.
Hmm.
On count one of the indictment, have the jury reached verdicts upon which you are all agreed? Yes.
Do you find the defendant Mark Draper guilty or not guilty of murder? Not guilty.
Do you find the defendant Emma Slater guilty or not guilty of murder? Not guilty.
Yes.
JUSTICE: We will proceed to sentence on count two of the indictment, aggravated burglary, to which both defendants have entered guilty pleas.
(DOOR SHUTS) Well done.
Thank you.
Excuse me.
- You okay? What's that? - The medal.
- Yes, miss? - I want you to give it to the police.
- Miss - Just do it, Billy.
There's something to tell you.
- What? - Silk.
Oh, my God.
Sir? Meeting.
Moot, five minutes from now.
- Good luck.
- NICK: Cheers.
- Not that you'll need it.
- A bender.
Clive! (INDISTINCT CHATTERING) Have you heard? Okay, this is it.
Right, let's get started.
- Heads or tails? - What? Heads or tails? - Heads.
- Heads it is.
You're first, let's go.
(CHUCKLES) Punching someone for no reason and breaking their nose is incredibly stupid.
He knows that.
And he's asked me to tell you that he's sorry for what he did.
Isn't that what everyone says? Well, yeah.
And does he mean it? Probably not.
John Smith is violent sometimes, and it's becoming a pattern in his life.
Why? Because his father is an alcoholic.
Because he's got three younger brothers that he tries very, very hard to look after.
Now, how many who will comb their siblings' hair for lice and stand up to an abusive father? I mean, he's a kind of hero.
But he's also human.
Every now and again, someone looks at him funny and he loses it.
I spent a bit of time with John Smith.
He's roughly the same age as me and we had a good talk.
Here's what I think.
If you give him probation and support, he can make something of himself.
And when he does, you will be able to say that you had a hand in that.
Now, how good would that be? What about the bender? He's in breach of a 12-month suspended sentence.
What do you have to say about that? (DOOR OPENING) (DOOR SHUTS) Good luck.
Can I deal with the suspended sentence first? It had eight days left to run when Mr.
Smith committed this offence.
The offence for which he now stands to be sentenced is wholly different in character from the offence for which he received the suspended prison sentence.
You will be aware of the case law which gives you the discretion not to activate the suspended sentence in circumstances precisely like these.
How did it go? Fine.
You? Yeah, yeah.
Okay.
What did you say about the suspended sentence? Um, what will be will be, basically.
What else can you say? - There's something I want to say.
- Niamh? Well, you should know, before you say anything more, that we are about to vote.
We all think you did very well, Niamh.
I've been given an unfair advantage.
What kind of advantage? You can't help who your father is.
No.
- Why did you go back - Don't.
Let's go for a drink.
John.
All right, vote.
All those in favour of taking Nick Slade - Excuse me, sir, sorry.
- What? Hold the vote, something's come up.
- What is it? - Ask Miss Brockman.
I want you all to hear what she has to say.
- Billy.
- KATE: I didn't want to do it like this.
Yes, you did.
There's an empty building in Fountain Street.
Tell them, Kate.
All the bottom men led by her and clerked by him.
KATE: I'm not leading this.
Oh, really? Then who is? Our new silk.
I did want to keep this a surprise.
Martha Costello, QC.
Clive Reader, not this time.
Get out.
- Billy, please.
- BILLY: You don't know MARTHA: No, this can't happen.
- No, Martha - It's what he's always saying.
And it's sentimental and it's stupid, but it's true.
- This is family.
- Miss No, Billy, please.
And what happens in families? They fight and they hate each other and they're angry and jealous and foolish, but they stay together.
This, well, it's the biggest moment in my career, it's everything I've worked for.
But having two letters after my name doesn't mean anything if I don't have this.
And all of you.
Excuse me.
(DOOR SHUTS) (SIGHS) I love you.
- What about him? He's just been arrested.
It's for murder.
MARTHA: Mark Draper is the reason that I do this job.
So, silk interview.
- Is that what I think it is? - Names of my interviewers.
Only the most high-ranking female judge in the country.
Judge Cranitch.
The bar's made for you.
Daddy the judge and all that.
- You're co-defending with Niamh? - Yeah.
You're in a contest.
I'm pregnant.
You can count on me, Martha.
Whatever you want by way of support for this baby, you'll You'll get it from me.
Gary Rush is a horrible burglar, with pages of form.
Say hello to Martha Costello.
Tell her she's the girl for me.
There will be nothing on that medal to link Gary Rush to it, so you do nothing.
Billy We're not sure how he fits in.
I want you on the inside of this coup, working for me, feeding me everything I need to know.
You want me in your gang when you kick Billy out of the door.
Let's not talk about this again, ever.
It feels dirty.
(MAN SPEAKING IN HEADPHONES, INDISTINCT) Martha.
Martha! Come on.
- What were you listening to? - Upstairs, Downstairs.
What? The sound recording on John Guthrie's webcam upstairs, while his father was being killed downstairs.
OFFICER: Why take a knife with you, Mark, - to a domestic burglary? - MARK: No comment.
OFFICER: What did it feel like, Mark, sticking a knife in a 60-year-old man? MARK: No comment.
OFFICER: Because Mrs.
Guthrie saw you do this.
Mark, she couldn't be clearer.
You and the judge were at the bottom of the stairs and you put the knife in him.
This is your chance to tell us why.
For the benefit of the tape recording, the suspect is shaking his head to indicate "no".
(INDISTINCT SPEECH OVER POLICE RADIO) MARTHA: Wait there.
(TALKING OVER POLICE RADIO) Thanks.
This isn't going to be easy.
Time to go.
(CAR PULLING UP) Come on.
Would you stay in a house where your husband and father had been stabbed to death? Uh I'm going to see my client.
What, you're not going back to chambers? Sorry.
What am I supposed to do? I hear the London Underground is a convenient and modern mode of transport.
The Tube? You and this girl.
You follow him back to his front door, you've got a knife with you.
She holds the judge hostage while you look round for things to steal.
The wife comes back, and she's a witness to the fact that you stab him.
There's blood all over your clothes, you run away from the scene when the police arrive, you lie when you're arrested, you confess in the back of the police car, you've got the judge's car keys in your pocket, and you've pleaded guilty to the burglary of his house.
- Is there anything I've left out? - Emma.
Your co-defendant says it was you who did it, in her police station interview.
I was defending myself.
I've told you this.
I was on the floor, and he was going to hurt me.
Mark, this is the law.
The force you use in defending yourself has to be reasonable.
Whether it's reasonable depends on the circumstances.
But basically, it boils down to common sense.
This is a 60-year-old man, in his own home, he's confronted with two wired-up, armed intruders.
Who does common sense tell you the jury's going to like better here, Mark? He went for me! With the golf club.
But you've seen the wife's witness statement.
Does she say anything about a golf club? Anything about her husband trying to attack you? He was swinging it at me.
He went mental.
I fell over, and I thought that he was going to kill me.
He just missed my head with it.
And this is when you stabbed him, in self-defence? I've told you.
It feels like he's just come up with it.
The golf club.
You made that pretty clear to him.
I'm getting full instructions this time, Michael.
I'm not going to go court half-naked again for Mark Draper.
Get our experts to look at the golf clubs.
Our expert's taking all his cues from the prosecution, ma'am.
- He's not the best person to - Bill Cutler.
He's an old friend of mine.
I'll give you his number.
- Oh, we haven't got time to - He'll find a way.
To be honest, Michael, we need all the friends we can get.
Barristers never admit to leaning on clients to get the instructions they want from them.
Mostly because they don't know they're doing it.
Leading questions become second nature.
"Would I be right in thinking" "Correct me if I'm wrong, but" Now, that's not what I do, Emma.
I just want to get something straight.
When the stabbing actually happened, the victim's back was towards you.
You couldn't see the last moments because your view was blocked by the judge.
Good.
Got that? Excellent.
- Bill Cutler on line one, miss.
- Thank you.
- Alan.
- Hello, Martha.
- You look great.
- Thank you.
He looks like a head of chambers should look.
Oh, and what's that, Billy? Half George Clooney, half Joanna Lumley.
(CHUCKLING) - (WHISPERING) - Okay.
Anything happened in the last four months I need to know? - Apart from all our CPS work drying up? - My fault.
- Not Billy? - No.
- It will hit Kate hardest.
- I know.
I've got a call waiting.
Bill Cutler? - (HANGS UP PHONE) - How do you know? Well, the whole world is talking about the Judge Guthrie murder.
- Needs a silk.
- Yes.
You know this boy really well.
He trusts you, and you've done lots of work on it, all of which makes you the perfect junior.
Me leading you, Martha.
Strictly come murder.
You know, there's nothing I'd like better.
But the client wants me.
- You sure? - Yes.
Ah! Just the woman I wanted to see.
- What? - I need a junior.
In my murder.
- (SIGHING) - Bill.
Sorry to keep you waiting.
- Brian.
- Gary Rush.
It's floating.
I want to look you in the eye and hear you say that Martha Costello will be representing him.
Is it that vital? It's vital to Rush, so it's vital to me.
I'm sorry, Brian, is there some other reason you've come here today? I've been thinking.
It would simplify everything for my firm if all our junior work was to go to one set of chambers.
You get regular, guaranteed income, I don't have to think too hard.
- Is that an offer? - I need to know that we get priority over other solicitors.
When we want Martha Costello, we get Martha Costello.
Even if she has to pass up something heavier from somebody else.
Martha Costello has to do Gary Rush.
BRIAN: You took the words right out of my mouth.
Clive! I don't think you should.
What? If I get a place in chambers, I want it to be because I'm good, not for any other reason.
I respect that.
I I really respect that.
Look, can I ask you something? Yes.
His Honour Judge Cranitch.
He hasn't said anything about your silk interview.
My father's not like that.
He plays by the rules.
And you haven't told him that we You know.
No.
Committee meeting, sir.
Mr.
Cowdrey's waiting.
What's it about? You.
- Niamh Cranitch.
- Well, she's a real lawyer.
I mean, she looks right, she feels right.
Solicitors love her.
She fits in.
It's irrelevant, of course, that her father's a judge.
We probably won't talk about it, then, if it's irrelevant.
- Nick Slade.
Martha.
- He's a breath of fresh air.
He's testing, lateral thinker, passionate, secure enough to stick to his guns when he doesn't agree with members of chambers and and he doesn't fit in.
Which is a big asset in my book.
And Kate.
The criteria's always been that we take people who are exceptional.
I don't think either of them are exceptional.
Right, so we leave it to a vote at the chambers meeting.
Uh, Kate's a bit threatened by Niamh.
Because of her background? No, no, because she's worried that she's going to steal all her work.
What's left of it.
My feeling is that Niamh will bring in her own work.
And give the bottom end a bit of a boost.
- How's the top end? - I'm okay, yeah.
- What? - What, you're the whole of the top end? - Martha's doing well, too.
- Right.
Good.
So, what do you think? You and her? Neither? One of you? Oh, silk.
Who knows? Feeling confident, though.
Interview went well.
You didn't say in there what you think about Nick.
- Martha seems to feel - (SCOFFING) Feel.
- Yeah, that the word.
Feel, not think.
- What? (SIGHS) You might find Martha's judgement a bit personal at the moment.
Did you get her pregnant before or after you started sleeping with your pupil? (CHUCKLING NERVOUSLY) Ah! My two little boys! - Sometimes I feel like Rolf Harris.
- I'm 53, Billy.
However old and grey you get, you'll always be my little boys.
- Set up a moot.
- Sir? I want to see both pupils, in action, under pressure.
Moot.
Excellent.
You know, we could use the brief from last time.
The one with the bender in it.
Excellent.
(CLEARING THROAT) What's a moot? Nick and Niamh get a mock brief.
They've got five minutes to prepare, and they do it exactly like they're in court, only they're not.
They're here, in front of all chambers.
Best man wins, usually the one that doesn't wet themselves.
(CLEARING THROAT) Be honest with me, miss.
How many murders of this quality have senior juniors leading them? Ah.
That's a rhetorical question.
Here's a real one.
Have you been speaking to Alan Cowdrey? You know how brilliant I think you are, but How this is too heavy for me? Is that what you're trying to say? Presumably, you've said the same to Clive.
- No.
- Oh, why not? He's in the same boat.
He's second on the indictment and his head is below the parapet.
And, how can I put this? There are some cases - you'd feel more at home with than him.
- Hmm.
And there are some cases that he'd feel more at home with than you.
He went to Harrow and Cambridge, you went to secondary modern and Lots of nightclubs in Manchester.
I think Mr.
Cowdrey is wrong, as it goes.
Really? I think you wouldn't make a good junior.
You've got too much gob and brass for the donkey work.
You don't want me in this trial at all, do you? The obvious thing is you do Gary Rush and Mr.
Cowdrey leads Kate in the Mark Draper trial.
No.
You scared of Gary Rush? Mark Draper really matters to me.
- I need this, Martha.
- The answer is no.
This is the biggest case I have ever done.
I need your support.
Phil? It's Billy.
Can I come and see you first thing? Cheers, thanks.
- All right, John? - Yeah.
I'll be in late tomorrow.
I've got a breakfast.
Hmm.
Who with? Audrey Hepburn.
(CHUCKLING) MaƱana, Johnny boy.
(DOOR CLOSES) - You're the best list officer there is.
- What's happening? - Gary Rush.
- Yes.
Floater from tomorrow.
Yeah, I don't want that to happen.
It's floating, it might get called, it might not.
- Well, I've got a preference for "not".
- Why? Martha Costello.
I want her to do Mark Draper, finish it, and move on to Gary Rush.
I don't want her double-booked.
Counsel's convenience.
You know I need a better reason than that.
Tell him not to worry.
Kate.
I'm going to go down and see Mark.
Where was Emma? - In the corner.
- Which corner? Can't remember? - Probably panicking.
- Yeah.
Panic.
- What about Emma? - What about her? - Is she going to get off? - Oh, I'm not representing Emma.
- Yeah, but what do you reckon? - How did you get the knife from her? She passed it to me when we heard someone coming through the front door.
Oh, the jury are really going to hate this, Mark.
He went for me with a golf club.
Well, that's not what Mrs.
Guthrie says.
And even if they do believe you, the jury are going to completely understand why he'd go for you.
He went mental! Tell me about Emma.
She's great.
And what does your pimp think about you seeing her? He didn't like it.
- But you carry on? - Yeah.
She must mean a lot to you.
(MARTHA KNOCKS, DOOR OPENS) (DOOR CLOSES) Brian, we're all right on Gary Rush.
Yeah.
All right.
See you.
(CHUCKLING) - Big breakfast? - Massive! I have just secured a 20% increase in work for us.
All of camp Frogett's bottom-end briefs are coming here.
How did you do that? Good clerking, John.
That's it.
- Chambers accounts, Billy.
- Yes, sir.
- I want to see them.
Tomorrow night.
- Sure.
Sure.
Because? Because I'm head of chambers and I need to know.
And because you have many strengths, Billy, but history tells us that money is not one of them.
BARRISTER: No defence case statement.
You're going to get shouted at.
It's not my fault.
Joe Gillespie.
How you doing? I'm prosecuting you.
Ah.
I've been shouted at before.
Not at the start of a major murder trial with a red judge and half the world watching you.
Client's late instructions.
You know how it goes.
I can take things shouted at to protect my client.
Late instructions usually means lying instructions, in my experience.
And what experience is that? Terrorist trials, mostly.
I spent 15 years in Belfast before I came here.
- "I did it!" - What? Your boy's verbal in the back of the police car.
It's damning not for what he says but for what he doesn't say.
What doesn't he say? "In self-defence".
How did you know we're running self-defence? I didn't.
But I do now.
I hope you live up to your rather interesting reputation, Martha Costello.
Meaning? Well, are you going to sabotage this case, for example? Or is that just something you do when you're prosecuting psychopathic teachers? You don't scare me.
It's an adversarial system.
No point pretending we're not adversaries.
Joint enterprise.
What is it? Well, we say that Mark Draper did the actual stabbing that caused Colin Guthrie's tragic death.
But the getaway driver is just as guilty of robbery as the man standing in the bank with the sawn-off shotgun.
Emma Slater had control of the knife for some time within the house.
Her fingerprints are on the knife, she may even have brought the knife into the house.
Neither of the defendants will be denying that they were there that night.
But you would be wrong in thinking that it's irrelevant that Mrs.
Guthrie subsequently picked them out on an ID parade.
The defence will attack this witness, the victim's wife.
They might even argue that this 60-year-old man was killed in self-defence.
And to do that, they will have to prove that Mrs.
Guthrie's memories of the events are wrong.
And so, I would just ask you to bear this in mind.
The clarity of thought, the extraordinary grace under pressure it takes to identify two people who have just caused the death of your husband, in front of you, in your house, at night, with your son upstairs in his bedroom.
And what that then tells you about the quality of her evidence.
I came in, the lights were off.
Usually if we're out separately, we leave the hall lights on until we're both in.
I'm sorry.
I keep talking in the present tense, as though he's still here.
I keep expecting him to walk in and tell us it's over now, we can get back to our life.
And what happened next? I switched the lights on, and just as I did, I saw him, coming out of the sitting room.
I picked up the phone and dialled 999.
He shouted at me.
I told him I wasn't scared of him and carried on with the call.
And he came at me.
He He grabbed me.
- How? - Uh By the wrist.
I tried to switch the phone to my other hand but he grabbed that wrist, too.
The phone fell.
JOE: Then what happened? My husband came out of the sitting room into the hall.
And Draper let go off me, and he just went for him, really.
He He went berserk.
JOE: And what did you do? I ran to the back of the hall.
I turned around.
And that's when I saw him stab my husband.
- I'm sorry.
- JOE: There's no need, I'm I'm sure we all understand.
HELEN: I've left all his things.
Do you think that's odd? I just don't want to give them away.
Point of law, my lady.
Jury out, please.
We've heard quite a lot about how hard it's been for Mrs.
Guthrie to deal with the death of her husband.
We're all hugely sympathetic, of course.
What is your point, Miss Costello? If Mrs.
Guthrie wasn't the widow of a judge, I wonder if your ladyship would be allowing the prosecution to elicit all this? He's not eliciting anything.
As with all the best advocates, I'm not sure if I can remember a word he's said.
Jury back, please.
(DOOR OPENS) Settle down a bit, will you? It's right, of course, that you have no criminal convictions? Three points on my licence.
Does that count? You've been married to a judge - for 25 years.
- Yes.
So you know that points on your driving licence does not constitute - a part of a criminal record.
- (SIGHING) It was just a light remark.
- You hadn't driven home? - No.
- Why not? - I don't drink and drive.
So, is it fair to say - that your senses were impaired? - A little.
And then you were plunged into this frightening situation.
Yes.
You were scared.
A little drunk.
And when you say this altercation happened between your husband and my client, you were cowering 33 feet away at the back of the hall.
I saw what happened.
Your husband was between where you were standing - and my client.
- Yes.
So how could you see what my client was doing? I'm not wrong about this.
Sometimes, what we believe to be true and the actual truth are two quite different things.
Do you know what it's like to see him there with his girlfriend? How long have they known each other? (VOICE BREAKING) I loved my husband for 25 years.
Your husband had a golf club in his hand, didn't he? - No.
- He was swinging it wildly at my client.
I think I would've seen that.
Mark fell backwards, and your husband went for him with a golf club.
HELEN: I don't know where you're getting this from.
Her client, presumably.
Emma Slater wasn't involved in the altercation which led to the knife wound that killed your husband? No, she was standing behind him.
CLIVE: And she stayed where she was? HELEN: Yes.
Until after the struggle between your husband and Mark Draper? Yes.
And you can't help us in relation to anything she was doing before then? No.
- Because you weren't there.
- That is correct.
Thank you so much, Mrs.
Guthrie.
USHER: All rise.
"Thank you so much, Mrs.
Guthrie.
" She's a decent woman, her husband's dead, and the jury like her.
You're not helping your client by sniping at a dead man's wife.
- Where you going, Jake? - Quick dump.
What stationery? Billy was at court this morning.
Really? Doing what? - In with the list officer.
- Not eating breakfast.
What? I saw him take 300 quid out of petty cash last night.
Today, there's 300 quid, "stationery", gone out of chambers accounts.
- The identical amount, miss.
- (FOOTSTEPS) (CLEARING THROAT) - Is Gary Rush floating, Jake? - Yeah.
- Will he go on, Jake? - No.
- Why not, Jake? - Good clerking.
Custard cream, miss? - I want to talk about Billy.
- Okay.
It's serious.
He's the best clerk there is.
Why is it, when you don't even know what I'm going to say, you feel it necessary to tell me how wonderful he is? (SIGHING) 80% of the time he plays it by the book, and 20% of the time he doesn't.
That's how it will always be with Billy.
When I'm away, the 20% goes up, then I get back.
This is more than not playing it by the book.
He's corrupt.
I've always admired you as a lawyer, Kate.
There are other people here who do performance better, but nobody with your love and respect for the law.
- What does that mean? - Evidence.
I hope you can back this up with proper evidence, because if you can't, I'm not sure it's healthy for me to know what your complaint is.
What? As head of chambers, I'm ultimately responsible.
If something ugly comes out, what will that do? There'll be stench.
And if the evidence isn't there, where does that leave us? The stench will linger.
On me, on you, on all of us.
- Under the carpet.
- I didn't say that.
I'm back.
Billy knows he has to behave when I am here and he will.
(DOOR OPENING) - Gary Rush.
- A mention.
Trial.
- Gary Rush, the aggravated burglar? - Yes.
- Problem? - No.
- It says it's floating.
- Yeah.
- (DIALLING) - Well, what does that mean? I respect that, miss.
You standing there, not afraid to look stupid.
It's a standby case, miss.
If a listed trial doesn't get off the ground, then a floater takes its place in the vacant court.
Miss, your forensics man rang.
He's on his way in to see you.
Thank you.
So it might not happen.
It might.
It might not.
Clive, Billy's given me this aggravated burglary, and there's some kind of sexual element to it You'll be fine.
And I can stand up at the tenancy meeting and say my pupil's in a serious trial.
End of argument.
Now, take a look at this for me.
Sentence on a street robbery.
- Defendant's in breach of a bender.
- A bender? A suspended sentence for drugs, I think.
Dig out the sentencing authorities, do me an advice on sentence.
- I've got this trial.
- Just do the advice, Niamh.
It's not listed for another three weeks.
Just do it, okay? I'm trying to help you here.
So, we recall Helen Guthrie.
- I'll try and be there.
- Really? There are murders and there are murders.
- This is right up there.
- Thank you.
What's going on? I need you to check through this.
- What is it? - It's a transcript of the sound from the webcam in John Guthrie's bedroom.
It's web chat with television in the background.
I want you see if you can pick anything up that's happening downstairs.
Doors slamming, yelling, anything.
And do it properly.
Check the transcripts against the sound.
- All of it? - Yes.
Oh, no, I've got loads of work to do for Alan Cowdrey Look, this is the biggest trial I've ever been in.
Just get it done! He's bent.
- What do you mean? - He's bribing a list officer.
- You sure? - Billy's dangerous.
Bribing court officials, Clive.
That's a criminal act! If it got out, we'd all be finished.
- You've been to Alan about this? - Yes.
- And? - He stopped me telling him.
- Why? - Because, if he knows what the allegation is, then he has to act.
And he doesn't want do that because it leaves us all badly damaged.
- So? - Catch-22.
Do the right thing, go to the authorities and ruin my career.
Do nothing, wait until Billy gets caught and ruin my career.
And why are you telling me all this? There's an empty building on Fountain Street.
A breakaway set? I've got 15 names that'll go with us.
The whole bottom third.
But we need a head of chambers.
Of course, you'd need to get silk.
Yeah, of course.
Do you think you'll be a QC this time next week? Yes.
Oh, Billy.
There's something you should know.
It's big.
I want a guarantee from you first.
- Go on.
- Now, I've told you, I want to be cut free from being your mole.
It's no way to live, spying on people.
And they mustn't know it was me.
Whatever you decide to do, they can't know it was me that grassed them up.
Go on.
Kate and John and the whole junior end are looking to split.
How far have they got with it? They've found a building.
And how do you know about this? Oh, of course.
They want a shiny new silk to lead them into the promised land.
It goes without saying I've got no intention of going.
Goes without saying.
(DOOR OPENING) Accounts.
I'm ready.
Sir, you are not going to believe this, but my computer's just gone down.
(DIALLING) Hello, can I speak to Judge Cranitch, please? (INHALING SHARPLY) Oh, God.
(MOANING SOFTLY) (EXHALING) - Are you a golfer? - No.
- Never play? - Never.
Your husband's fingerprints are on his golf clubs, and obviously, you'd expect that.
HELEN: They were his, he used them.
MARTHA: Why are your prints on the four iron? Obviously, I must've touched them at some point.
- You mean, in the hallway? - Yes.
What? Passing the bag by the front door? I think, Miss Costello, we all come into contact with items in our homes without thinking too much about it.
The fingerprints are halfway down the shaft.
HELEN: I don't know, I must've cleaned them or something.
MARTHA: Really? Cleaning the shafts of your dead husband's golf clubs.
It could've been before he died.
- Do you have a cleaner? - Yes.
- Do you have a duster? - Sorry? It's just, you see, Mrs.
Guthrie, I wouldn't have put housework down as a big part of your life.
I don't remember.
And it's ridiculous of you to ask me to remember this kind of trivia.
Maybe you're right.
I'm sorry.
And you'd remember such a particular act if you'd done it recently.
I mean, in the past few months, between your husband's death and now.
- Yes.
- And, of course, you told us earlier in your evidence about how you'd left all your husband's things where they were.
- Yes.
- Good.
Shall we move on? Any idea how particles of your husband's blood came to be on the golf club? No.
How would I know? Hmm.
Funny.
I was sure you were going to help us here.
Oh, well, never mind.
Maybe you can help us about what's on top of those blood particles.
Your fingerprints.
(MURMURING IN COURT) I mean, how can that be? You've just told us, absolutely, that you hadn't touched his golf clubs or any of his possessions since he died.
So, one more time.
How did you fingerprints get to be on top of your husband's blood? Mmm? I'm happy to wait, Mrs.
Guthrie, as I'm sure the jury are.
Okay, well, shall we have a go at it together? - Don't patronise me.
- I'll do whatever I want, until you start telling the truth.
- You'd better be careful what you say.
- Mmm.
Very.
Ninety seconds between the two police officers in the first unit leaving you in the house to chase the two defendants, and the arrival on the scene of the second police car.
- Ninety seconds alone.
- I'll take your word for it.
Ninety seconds, during which time you moved the golf club and put it back in the bag.
I must've done, I don't remember.
Must have done, or did? - Did.
- Why? To protect my husband! It was stupid of me, I I just thought that if the police, and then someone like you found out my husband had a yes, a weapon, then he might get off, and that wouldn't be right, would it? - Someone like that.
- MARTHA: Someone like what? Someone who does what he does.
MARTHA: What? Someone who sells his body for sex, from the age of 13, so a pimp can make money out of him? Are we sure you've told the jury the whole truth now? Yes, I am so sorry.
I should have been truthful from the start, um He had the stupid golf club but he did nothing with it.
Nothing! Um I just I got in a bit of a pickle.
I do hope you understand.
Um (CLEARS THROAT) (INAUDIBLE) We're floating.
Shall I explain what that means? I know what it means.
Shall I explain how I feel about having a 10-year-old represent me? Mr.
Rush, why don't you and I do our best to get along? - How is she? - Who? - Miss Costello.
- She's fine, considering.
Considering what, Miss Cranitch? Her condition.
Brilliant.
I can't thank you enough.
- It doesn't add up.
- What? - Mark's story.
- What do you mean? The angle of entry for the knife, it's sideways with a touch of downwards angle on it.
Not done by somebody on the floor or coming up from the floor? Mark's right-handed.
That would be like a backhand tennis shot with a knife.
It doesn't make sense.
Sorry about that.
Hi.
Sorry I'm late.
I was doing that work for Alan.
I'll get that webcam thingy done as soon as I can.
Yeah, just get on with it, Nick.
Clive, Robing Room.
Now, please.
- What is this? - Stand there.
- What are you doing? - Come at me.
- What? - You're Mark, I'm the Judge, stab me.
(CLIVE SIGHS) - Wrong side.
- What? Mark's right-handed.
They were standing face to face.
The Judge's wound is in the right side.
It couldn't have been Mark.
- No, no, wait - It wasn't Mark! - Yeah, it wasn't Emma, either.
- Emma's right-handed, too? - Exactly.
- Well, turn round.
She was standing behind him, Mrs.
Guthrie said.
Right-handed.
Right side of the body.
Where are you going with this? I'm giving you a chance to talk to Emma.
He was so angry, like he wanted to kill Mark.
Oh, Jesus Christ.
Why didn't you just tell me this before? I mean, I gave you the chance.
Mark said I needed to trust him.
He said he'd get us off first and you seemed happy with what you had.
Hang on.
"Us"? How does any of this help Mark? It doesn't.
(SIGHS) You're not being clear.
Just tell me the truth! Us.
Us, as in me and the baby.
Oh, my God.
- I'm sorry.
- (SIGHING) Martha, Martha, where are you going? - To see Mark.
- She's pregnant.
- Hey, is it a boy or a girl? - I don't know.
- Where are you going? - To see my client.
- That should be me.
- Look, Mr.
Rush Mr.
Rush, is it? Mister, like you respect me or something? Huh? You promised that you'd represent me, Martha.
You've been lying to me, Martha.
You've been lying to me! (MARTHA GROANING) - Leave her alone.
Come on.
Stop it.
- What? Stop it! Back off, right? GARY: Hey, all right.
Hey! - Come on! - Come on, lad.
- Martha, where are you going? - (SOBBING) I don't know.
Oh, God.
Martha? - What is it? - I'm bleeding.
- You're bleeding? - Mmm-hmm.
Can you call an ambulance? Somebody call an ambulance! Come here.
- It's fine.
You're going to be fine.
- It's not fine.
It's not fine.
What? We sent her flowers, yeah? Thirty-six red roses.
(PHONE RINGING) Hello? Yeah.
Okay.
Thank you.
She's okay, but um She's lost the baby.
GAMER ON TAPE: Go for the dark forest, into there.
GAMER 2: I'm putting on the cape Only got 30 seconds of this left before I appear.
(GUNSHOTS ON DVD) GAMER 2: Hey, do you want to go up a level? Only it's a bit harder, but more surprises.
GAMER 1: Yeah, definitely, go for it.
GAMER 2: No, no, no.
Go over by the mountain.
- MAN: I'll kill you, you bastard! - (SIRENS ON DVD) GAMER 1: Sorry, can you say that again? GAMER 2: Over by the mountain.
(REWINDING) - Go over by the mountain.
- I'll kill you, you bastard! (STOPS TAPE) (SIRENS, INDISTINCT SHOUTING ON DVD) (TAPE PLAYING) (INDISTINCT CLAMOURING) It's not on the film.
(REWINDING) MAN: You bastard! I'll kill you, you bastard! I was in my bedroom watching a DVD and on my webcam doing a role-play game.
Did you see or hear anything that was happening downstairs? No.
I came down after the police arrived.
(DOOR OPENING) No questions.
(DOOR CLOSING) Okay, okay, okay.
Um, it's on the sound.
The comment Miss Brockman.
It's hard to explain now, I'm the junior, right, technically? - Yes.
- Right.
Okay.
I'll do it.
I'll do this.
- You're upstairs the whole time, yeah? - Yes.
We're not in America, Mr.
Slade.
We don't do walking and talking.
And you had the television on with the volume up? Yes.
And at the same time you were on your webcam? A role-play game.
Yes.
Listen to this.
It's the recording of the webcam.
GAMER 2: Only got 30 seconds of this left before I appear.
(GUNSHOTS ON TAPE) GAMER 2: Hey, do you want to go up a level? Only it's a bit harder, but more surprises.
GAMER 1: Yeah, definitely, go for it.
GAMER 2: No, no, no.
Go over by the mountain.
MAN: I'll kill you, you bastard! NICK: Stop it.
Rewind.
(TAPE REWINDING) Again.
this left before I appear.
- (GUNSHOTS ON DVD) Hey, do you want to go up a level? Only it's a bit harder, but more surprises.
Yeah, definitely, go for it.
- No, no, no, go over by the mountain.
- I'll kill you, you bastard! Who's that? (TAPE STOPS) It's Dad.
NICK: Thank you.
Thank you very much.
Call Mark Draper.
Thank you.
(CLEARS THROAT) - The Judge knew what I did.
- From your court appearances? - No.
- How? MARK: For personal reasons.
Sorry? He paid me not to tell anyone.
Once a week for three months.
I saved it all.
Emma's pregnant.
I wanted that money to get away from a crappy life.
But then he stopped paying me.
I thought, "I know where he lives.
" We went there to steal his car so we could get away.
Emma didn't know anything.
I didn't tell her about it.
Liar, Mark Draper.
Are you honestly asking this jury to believe that His Honour Judge Colin Guthrie, respectable family man, was paying you, a proven liar, to keep quiet about his intimate relations with you? No.
All right, then, let's get this thing out in the open once and for all, and no more lies.
- Ask John Guthrie.
- Why? What's he got to do with anything? It was John.
The Judge was paying me to keep quiet about me and his son.
How many more versions of this story are we going to get? I'm telling the truth! I'm sick of it.
I'm sick of you twisting things.
His son was paying me for sex.
He found out, I blackmailed him, but then he stopped.
- You were angry.
- No.
You were a thwarted blackmailer.
You were angry that Colin Guthrie stopped the payments.
No! Why won't you listen to me? You went there with a knife intending to get what you wanted and when you were confronted, bang, your anger boiled over.
No, he tried to kill me.
You can't both be telling the truth.
Are you saying that Mrs.
Guthrie was lying? Yeah! She knew everything.
She must have.
That's why she wants to see me go down so much.
She's trying to finish off what her husband couldn't do with a golf club.
(SCOFFS) And you lot.
You can't wait believe her, because she's posh and smart.
And I'm some shitty rent boy.
You stabbed Colin Guthrie, do you deny it? No! You went there with a knife intending to kill him.
All you're doing now is trying to stop yourself from going to prison.
Whatever it takes, you'll do it.
Whoever you need to lie about, you'll do it, you! Mark Draper.
You had the knife? - Yeah.
- That's what Mrs.
Guthrie says.
- Yeah.
- And that's what you say.
Yeah.
You grabbed Mrs.
Guthrie's wrists when she called the police? Yeah.
How? What? How did you do that with a knife? I mean, how did that happen, Mark? How could that be? Look at me.
The truth, Mark.
I know what it is.
But the jury, they need to hear it from you.
The Judge went for me.
I fell backwards and he shouted, "I'll kill you, you bastard!" And then he brought the golf club down and just missed my head by an inch.
He would have killed me.
Did you have the knife? Did Emma? She had no choice.
The next time he would She saved my life.
She saved my life.
Hmm.
On count one of the indictment, have the jury reached verdicts upon which you are all agreed? Yes.
Do you find the defendant Mark Draper guilty or not guilty of murder? Not guilty.
Do you find the defendant Emma Slater guilty or not guilty of murder? Not guilty.
Yes.
JUSTICE: We will proceed to sentence on count two of the indictment, aggravated burglary, to which both defendants have entered guilty pleas.
(DOOR SHUTS) Well done.
Thank you.
Excuse me.
- You okay? What's that? - The medal.
- Yes, miss? - I want you to give it to the police.
- Miss - Just do it, Billy.
There's something to tell you.
- What? - Silk.
Oh, my God.
Sir? Meeting.
Moot, five minutes from now.
- Good luck.
- NICK: Cheers.
- Not that you'll need it.
- A bender.
Clive! (INDISTINCT CHATTERING) Have you heard? Okay, this is it.
Right, let's get started.
- Heads or tails? - What? Heads or tails? - Heads.
- Heads it is.
You're first, let's go.
(CHUCKLES) Punching someone for no reason and breaking their nose is incredibly stupid.
He knows that.
And he's asked me to tell you that he's sorry for what he did.
Isn't that what everyone says? Well, yeah.
And does he mean it? Probably not.
John Smith is violent sometimes, and it's becoming a pattern in his life.
Why? Because his father is an alcoholic.
Because he's got three younger brothers that he tries very, very hard to look after.
Now, how many who will comb their siblings' hair for lice and stand up to an abusive father? I mean, he's a kind of hero.
But he's also human.
Every now and again, someone looks at him funny and he loses it.
I spent a bit of time with John Smith.
He's roughly the same age as me and we had a good talk.
Here's what I think.
If you give him probation and support, he can make something of himself.
And when he does, you will be able to say that you had a hand in that.
Now, how good would that be? What about the bender? He's in breach of a 12-month suspended sentence.
What do you have to say about that? (DOOR OPENING) (DOOR SHUTS) Good luck.
Can I deal with the suspended sentence first? It had eight days left to run when Mr.
Smith committed this offence.
The offence for which he now stands to be sentenced is wholly different in character from the offence for which he received the suspended prison sentence.
You will be aware of the case law which gives you the discretion not to activate the suspended sentence in circumstances precisely like these.
How did it go? Fine.
You? Yeah, yeah.
Okay.
What did you say about the suspended sentence? Um, what will be will be, basically.
What else can you say? - There's something I want to say.
- Niamh? Well, you should know, before you say anything more, that we are about to vote.
We all think you did very well, Niamh.
I've been given an unfair advantage.
What kind of advantage? You can't help who your father is.
No.
- Why did you go back - Don't.
Let's go for a drink.
John.
All right, vote.
All those in favour of taking Nick Slade - Excuse me, sir, sorry.
- What? Hold the vote, something's come up.
- What is it? - Ask Miss Brockman.
I want you all to hear what she has to say.
- Billy.
- KATE: I didn't want to do it like this.
Yes, you did.
There's an empty building in Fountain Street.
Tell them, Kate.
All the bottom men led by her and clerked by him.
KATE: I'm not leading this.
Oh, really? Then who is? Our new silk.
I did want to keep this a surprise.
Martha Costello, QC.
Clive Reader, not this time.
Get out.
- Billy, please.
- BILLY: You don't know MARTHA: No, this can't happen.
- No, Martha - It's what he's always saying.
And it's sentimental and it's stupid, but it's true.
- This is family.
- Miss No, Billy, please.
And what happens in families? They fight and they hate each other and they're angry and jealous and foolish, but they stay together.
This, well, it's the biggest moment in my career, it's everything I've worked for.
But having two letters after my name doesn't mean anything if I don't have this.
And all of you.
Excuse me.
(DOOR SHUTS) (SIGHS) I love you.