Judge John Deed (2001) s02e01 Episode Script

Just a minute, lads.
She can't be more than 18.
Where's the man who found her? Over there.
- Gerry? - Yeah.
I'm Superintendent Craddock.
You saw the man dump the body.
An Arab, you said? Car registration 321 D 520.
- You write that down? - I remember numbers.
Did they find you any breakfast, Gerry? - No.
- We'll sort you some out at the station.
Three.
- Are you sure, Gerry? - Yeah.
Number three, please stand up.
I've got diplomatic immunity.
You call my embassy now! Would you stand, sir? The Gulf State's making all kinds of moves behind the scenes to free the driver.
He doesn't have immunity for murder.
But they are pressing the Home Office and the Foreign Office.
Your Chief Constable's coming under a lot of pressure.
- So am I.
- Well, it's gonna get worse, Malcolm.
I've been asked to review this case to make sure the evidence against Moncheri is sound.
It is.
All rise.
I've read the pre-sentence report.
Do you have anything further to say in mitigation before I pass sentence, Mrs Mills? Indeed, my lord.
The police and the prosecuting authorities seem to have sought attention for themselves in bringing this international footballer to court.
It's hardly necessary to say that he is of hitherto good character, with no previous convictions.
That isn't quite the case, Mrs Mills.
He's displayed the sort of aggression on the pitch that wouldn't be tolerated outside.
Indeed, for one so young, he's had quite a few red cards.
The game is so different from that of life, my lord.
Hmm.
I wonder.
Had he been a concert pianist or a pop star, a talent of a less physical nature, I'm sure we might all be taking an entirely different view.
- Can I say something, sir? - Yes, I'd be most interested, Mr Armitage.
Well, I just want to say that I never meant to hurt that bloke.
I mean, it weren't me who started it.
I was just having a drink with my mates I never had an easy start.
I mean, I've had to fight for everything I've got.
Please, don't send me to jail, sir.
Please.
Please.
I note your remorse, Mr Armitage, and I'm pleased to hear it.
You are a public figure to whom many youngsters look as a role model.
That is evidenced by the media attention that this case has attracted.
Even at 18, you've got your own manager and a publicist to keep you in the public eye.
Huge responsibility attends such a position.
When young people see highly paid footballers extending their loutish behaviour beyond the football pitch, it sends altogether the wrong signal.
Or perhaps, as you argued, Mrs Mills, here is a footballer who is too young to cope with all the attention, and that to give him a custodial sentence would be to give him a double punishment.
But these are the consequences of your actions when the stakes are so high.
Let us not forget that you seriously injured another young man, causing him to lose the sight of an eye.
If young people see that you can't get away with it, then they will realise that neither can they.
I think it appropriate that you go to a Young Offenders Institute for a period of one year, Mr Armitage.
Take him down.
That's an outrage! - Yes, isn't it just.
All rise.
Mrs Mills asked if she could have a word.
- With prosecuting counsel present? - I suspect not, Judge.
Um If it's brief, I could see her before my meeting with Sir Ian.
I can't believe you did that.
He has done so much for his country.
- He's a thug, Jo, a talented thug.
- He is no different from a lot of kids today.
He's a lad from a deprived background who made it and you have just taken it all away.
A deprived background is no excuse.
But this was a particularly cruel example to make.
You're completely out of order, Jo, approaching me like this.
- Oh! Am I? - Mmm.
Well, when should I approach you? In bed? You're talking to me like this.
If this is gonna be what it's like, John, we are a million miles apart.
I didn't hear this argument, Jo.
Morning, Michael.
If you excuse me, I have to be elsewhere.
Are we having dinner tonight? No, John, not tonight.
I'm not even sure if I ever want to see you again.
- You mustn't take this personally.
- Right now it feels very personal.
I told that young man he would not get a custodial.
Then you misjudged the situation or the judge.
I must congratulate you on keeping your nerve in the Armitage case.
Many mightn't have.
News travels fast.
Laurence James tells me you're seeking another term at your present court.
Michael Nivan thought there might be some objection from this department.
I know we haven't always seen eye to eye, but I wouldn't allow that to influence me.
Why is it I'm suspicious of your cordiality? Allowing personal feelings into the workplace is counterproductive.
You're a fact of life, John.
Our working together is a fact of life.
Is there something that's likely to throw us together? We could easily avoid one another.
There is a vacancy on the Appellate Bench.
- Have you taken up my cause, Ian? - The Lord Chancellor asked me to sound you out.
He wants an altogether younger bench.
Frankly, I think you're too outspoken, John, but it's a sign of the times.
I wouldn't block your path.
Well, I'd be interested.
Delighted.
Does that mean you punch the same weight as Grandpa? Why do I feel so suspicious, Chaz? There are more reliable candidates than me.
Perhaps you underestimate how much they really need you now the government's falling apart.
- Is that what's happening? - That's what Henry says.
He lectures in tort.
They need radical voices.
If only life were so constructed.
- A few words on the judge's decision.
- Stand aside.
Just a few words on the judge's decision.
Well, quite unbelievable scenes here at Highthorpe Crown Court this morning after the controversial decision to impose a custodial sentence on young football star Addem Armitage, who was led from the dock in tears Hello, it's Jo.
Leave a message and I'll call you back.
Thanks.
Jo, it's me.
Um I'll try you again.
his first night of a year's sentence behind bars.
In sentencing, the judge said, "If young people see that you can't get away with it " It's blanket coverage all over.
Laurence, where are we with the trial involving the murdered tart in the skip? - It's gone to the list at Sussex, Sir Ian.
- Hmm.
Would you care to join me for lunch? As the murder trial is so politically sensitive, there might be some advantage in steering it in Mr Justice Deed's direction.
Isn't that a reason for not giving it to Deed, sir? The Gulf State continues to make representations via their embassy.
Threats over trade better describes what they're doing.
The Cabinet is split.
That's why the Lord Chancellor prefers Deed.
Have we missed something, sir? Deed is not reliable.
Precisely.
With rumours linking the ruling Prince's brother-in-law to the murder, we must avoid being seen to trade justice for exports.
The accused is a low-ranking officer attached to the embassy.
He's either guilty or not guilty.
Why would anyone care beyond that? Unless the rumours are true, and he's protecting the Prince's brother-in-law.
The Home Office wants no hint of a fix.
The Secretary of State for Trade thinks we must salvage the £10 billion plane deal at any cost.
We still think Deed's a risk, sir.
We mustn't let our personal feelings keep us from seeing the greater good, must we? - Michael.
- Oh, John! John, there are rumours about you and Mrs Mills.
With her appearing before you, well, you know how this looks.
I don't think you need to worry about that, Michael.
Oh.
The Tracey Spink murder trial, that seems to be coming your way.
Really? I'm surprised.
- Yes, frankly, so am I.
It was on my list.
- Well, I can easily find something else.
No, no, no.
I've now had a rather complicated case in the Family Division brought forward.
- Why isn't the murder going to the Bailey? - I think the LCD wants a low profile.
Yes, we've heard rumours about who did the killing.
But we're not trying the Prince's brother-in-law.
No.
Quite.
Do we know who's for the prosecution and who for the defence in the Tracey Spink murder? I didn't enquire, Judge, it wasn't coming here.
Yes, the Presider was under the same impression.
I wonder why.
I'll check with the list office.
Mrs Channing rang to see if you were free for lunch.
You are.
- Yeah? - George.
Does lunch mean that you're prepared to come down from your ivory tower? There aren't any decent restaurants within 20 miles.
Well, how about takeaway at my digs this evening? - I'm after some legal advice, John.
- All right, fine.
You pay for the takeaway.
Brian Cantwell defending? I did a judges' course with him.
What a reactionary.
- So he didn't get to be Judge, then? - Nah, he's a racist.
There's a wonderful moment when the interviewing panel ask you if there's anything you want to tell them.
They expect you to remain silent even if there is.
Brian Cantwell looked them straight in the eye and said, "Confidentially," like it was already understood by them, "well, yes, actually, I don't like black people.
" He said that.
- I'm surprised he's doing this case.
- Why is he doing it, then? - He's probably earning 200,OOO from it.
- Oh.
Have you heard rumours about who really did this killing? Sheik Ali Mazrui.
Not his bodyguard.
The jury will have heard those rumours, too.
They'll want to try the Sheik.
- When is the pre-trial review? - Day after tomorrow.
I'd better get reading.
I have a major, major conflict of interest, John, over my client and the government.
If they're both your clients, you have to dump one of them.
The government isn't my client.
But I don't want them wriggling out of their obligations and leaving Amco Insurance PLC stuck for vast compensation costs.
- You think you're going to lose, do you? - God forbid it ever comes to court.
What's your father say? Obviously nothing you wanted to hear.
Well, he thinks we can rely on the government.
What makes you think you can't? Oh, I see, lover-boy! - The government's as guilty as Amco.
- There's no question of guilt.
My client didn't know the dangers of asbestos back then.
Well, that's fine, George, until somebody on the claimant's team comes up with a report that says they did.
- There's nothing to substantiate they knew.
- That's not the same as not knowing.
Advise them to settle.
They'd go out of business.
The ripple effect would be unthinkable.
A lot of people lost their lives, George.
Now, you're You're talking to the wrong judge.
With the Secretary of State in your bed, it should be easy for you.
Why don't you cut a deal, George? It's what you're good at.
That's my dilemma.
I'm getting married again.
Charlie said she didn't think that you and Haughton were serious.
She says that about you and Jo Mills.
What exactly do you want from me? An unequivocal position so you can square the circle for your boyfriend and for your client? Unlucky, George.
You're jealous, now I've found someone other than you.
Yes, I can just imagine the pillow talk.
You and lover-boy cut a deal for your client, and the people whose lungs are torn to shreds with asbestos can go to hell.
You're insufferable.
Why I still bother with you! Oh, bad luck.
My lord, from the defence's inquiries into the main prosecution witness, we feel obliged to object to Gerry Hewitt.
This is a very unstable witness.
Were he to be admitted, and were a conviction to follow, a grave injustice might result.
Mr Hewitt is an itinerant who has been in and out of mental institutions all his adult life.
Perhaps they cured whatever problem he had, Mr Cantwell.
Then let us put that aside, as one can deal with it in cross-examination.
Our main objection is that this witness has, for the past four months, been residing at a police station.
Doubtless being coached in his testimony as well as he is being fed.
Do you have evidence of this, Mr Cantwell? Of his being well-fed, my lord? I believe he has put on a stone in weight on his current regime.
Perhaps that might go to explain why we see so many overweight policemen.
My lord, the police believe that without protective custody, Mr Hewitt would disappear, and not merely because he is an itinerant.
He is an important witness, and without him, the family of the murdered girl would have little chance of seeing justice for their daughter's murder.
Whilst living with the police he is free in all respects, and having made a statement, of course, it is forbidden for any police officer involved in the case to discuss the case with him or to try to influence him.
Does he have any particular condition that would make him subject to influence from the police, Mr Thorp? No, my lord.
He has a schizoid condition which has been under control for some time now.
Hmm.
Well, it seems to me that one of the purposes of a trial by jury is to examine exactly the sort of issues that have been raised by Mr Cantwell.
I will listen carefully for any hint of undue police influence in his testimony.
So if the arguments are done, I'd like to get on with selecting a jury.
Kathleen McCracknel.
Peter Symmonds.
- Michael Maynard.
- I'm Michael Maynard.
Ah, I misheard.
Sorry.
Perhaps you'd swear our jury, Mr Harrison.
We might hear some of your opening address, Mr Thorp.
Ali Abdul Moncheri, the names you are about to hear are the jurors who will try you.
If you wish to object to any of them, then you must do so as they come to be sworn in, and your objection will be heard.
He phoned a couple more times, it was only then that he was put through, so I just wanted to call him back.
- You all right, Beswick? - Yes.
I think so.
- You sure? - Yeah.
- Oh! - Beswick! Are you all right? Can you breathe all right? I regret to have to inform the court that Mr Thorp was taken ill yesterday.
I heard it was beef curry.
Will you be opening, Mr Burroughs? With respect, my lord, could we postpone until I find out when Mr Thorp is to return? My lord, while sympathising with my learned friend, I hope his indisposition won't push us into protracted delay.
My client's been in custody four months on a charge he strenuously denies.
Yes, I know how Mr Moncheri must be suffering on remand, Mr Cantwell.
Let us hope that Mr Thorp makes a full and speedy recovery.
Right, we will adjourn while you consult with the CPS to see if they want a postponement or to appoint a replacement leader.
But in fairness to the defence, we should avoid a protracted delay.
I'm obliged, my lord.
- Oh, you're early.
I'll have a quick shower.
- John, Beswick Thorp has died.
What? - What happened? - His heart stopped.
I thought it was food poisoning.
Is it suspicious? I'm a policeman, John.
We're looking to see whether his death was connected with the case he was prosecuting.
His wife says he'd had strange phone calls but dismissed them.
He was Treasury Counsel.
Prosecuted murderers and major crims all the time.
We advised Sussex police to provide maximum security.
No.
Armed policemen would put altogether the wrong emphasis on this case.
Your defendant has powerful friends, John.
Anything less than blanket security might endanger the next prosecutor.
- Well, who is he? I'll have a word with him.
- CPS has informed us it's Jo Mills.
Give her armed protection outside, but I don't want to see any guns in the courtroom.
- Are you ready with the prosecution, Jo? - It feels a bit like drowning, but yes.
And you have been told of the security risks? Under the circumstances, you're not obliged to go ahead.
In which case, someone else would be at risk.
Unless, of course, you intend to conduct the prosecution.
Heavy security would send the jury the wrong signal.
There won't be any, Brian.
Just Jo's protection policeman and court people.
Very good lunch.
- Why don't you return my calls? - I've been busy.
That's very last century.
I was calling to say be careful.
The police are suspicious about Beswick Thorp's death.
It seems that some of your jury have been approached by one of the panel who wasn't selected.
- With any sinister result? - Who knows? At least they reported it.
It's an important murder trial.
People up for jury service would want to be in on it.
This person was trying to find out the names and addresses of other members of the jury.
Has he been charged? I'll deal with him at the end.
- It's a she.
A very attractive she.
- Hmm.
Good job she didn't approach you, then.
Why are you involved? It's not a London case.
Oh, because of the defendant's diplomatic status.
I'm liaising between Sussex and the Special Branch.
One of them had £5,OOO put into his account from a bank in the Caymans.
I assume we didn't get him? They've lost a juror, Judge.
- What, another one? - This one was taken ill.
How? - Do we know what's wrong with Mrs Fergusson? - Some kind of food poisoning, my lord.
Based on current form, I don't want to continue with only 11.
Let's reselect the jury from the existing 11, plus a couple of extras, and re-swear them.
Michael Mason, take the book in your upraised hand, right or left is immaterial, and read the oath on the card.
"I swear by Almighty God that I will faithfully try the defendant "and give a true verdict according to the evidence.
" Thank you, Mr Mason.
Now we have a full jury once more, I should instruct you not to eat or drink for the whole of this trial.
You think I'm joking.
We will show that the man in the dock killed Tracey Spink, a young woman who ran away from home at 15 and eventually fetched up in Brighton working for an escort agency.
It was here that the defendant first encountered the dead girl.
On the night in question, he picked her up in a nightclub and took her to a hotel, where he, with another unknown, tied her up.
Then, with a gag in her mouth and a ligature about her throat, had sex with her several times.
It was during this act, and as a part of the sexual experience, that Tracey Spink slowly choked to death.
A condom was used so as to leave no trace of himself inside her.
However, what the defendant did leave behind after dumping her body was one single hair that has been DNA matched to hair from his forearm.
Additionally, we will show that the body of Tracey Spink was transported in the defendant's diplomatic car, in the boot, where traces of her skin were found.
- Promise me to behave yourself.
- Oh, dear.
Is my tie straight? Charlie, darling, be an angel and make sure Grandpa doesn't leave cigarette ends on the veranda.
This is a meeting I'm not sure I can handle.
Georgia, darling, you handle everything so perfectly.
The PM's taken quite a shine to her.
- Neil Haughton.
- The former Mr George Channing.
Is that what I have to look forward to, darling? I'm just going to make sure everybody's got drinks.
- She does it all so elegantly.
- Yes, and so often.
What do ex and future husbands talk about? Car routes? - Is that Cabinet small talk? - Mostly.
About 5% isn't.
- Charlie tells me you have a high-profile case on.
- Is that all she told you? What do you do about the rumours that the real murderer was the Prince's brother-in-law? The only thing I can do.
Have the gossips' tongues cut out.
Can you? It might help us secure that £10 billion plane order.
I thought it had gone to the French.
You don't want to believe everything you read in the papers.
It'd be a different sort of trial if I did.
- I'm not convinced there should even be a trial.
- Then you're not the prosecuting authority.
No.
I help keep the country afloat with exports.
- Well, I suppose somebody's got to.
- I know what's good for Britain, John.
We could still pull this plane order out of the fire.
Not while this trial is underway.
You and George should be very happy, you seem ideally suited.
- What's that meant to mean? - You share her scant regard for due process.
- My concern is for the greater good.
- Ah.
There's a rock upon which fairness and justice have become arid to the point of death.
What about justice and fairness for the people whose jobs this order would secure? Pride and self-righteousness never put bread on the table.
- How are you two getting on? - We're finding common ground.
- Were you telling Neil all about my bad habits? - I wouldn't believe him, darling.
I have to go.
I've got a lot of reading to catch up on.
Mr Hewitt, I'm sure my learned friend for the defence will question you as to how you came to be in the alley when you saw the defendant dump Tracey Spink's young body into the skip.
Would you now tell the court why you were there? I was sleeping there, you know.
I sometimes sleep there.
That's a good spot, set back out of the draught, like.
- Could you see the skip? - I could see it, yeah.
I was across the other side of the alley, and down a bit.
How often do you stay in this alleyway? Once, twice a week.
I was robbed, miss, yeah? And that's a good spot, like.
Is there any doubt in your mind as to who you saw, on the morning of January 29th of this year, dump the body in the skip? No.
I saw him.
It was that man.
- You're completely sure of that? - Yeah, I saw him.
- Did you see the car he was driving? - Yeah.
321 D 520.
- And you're sure of that? - Yeah.
I remembered and told the police.
- Thank you, Mr Hewitt.
Perhaps you'd stay there.
- All right.
Mr Hewitt, are you sure the man you picked out was the same one you saw in that dark alley? - Yeah, that was him.
- It was dark in that alleyway, was it not? - Yeah.
- Very dark? Yeah, but it was him.
I saw the car number.
That's how the police found him, ain't it? You don't have very good cognitive powers, do you, Mr Hewitt? - I don't know.
- Oh, I think you do.
When you were subjected to psychological tests and shown pictures of people in different contexts you scored only 20 or 30%, did you not? - I don't know.
- My lord - Are you offering these findings, Mr Cantwell? - I will be, my lord.
They show how little reliance can be placed upon this witness.
- You don't have a very good memory, do you? - Well, I I think it's all right, yeah.
Do you remember what you had for breakfast at the police station this morning? I had grapefruit, porridge, poached eggs on toast.
Tea, four cups of tea.
The police are treating you very well, Mr Hewitt.
You're living with the police.
- Yeah, I I don't want to let them down.
- Why is that, Mr Hewitt? - It's a very important case this, ain't it? - Who told you it was? The police did.
- Would you lie to help the police? - No.
Are you sure? Wouldn't you distort the truth? Pretend to see something you hadn't when memory fails? No.
I wouldn't do that.
Your memory does fail, Mr Hewitt.
Yes? - No, no.
- Do you remember your mother, Mr Hewitt? Mmm.
Do you remember her? Or when you last saw her, Mr Hewitt? Mr Hewitt? Are you able to answer the question, Mr Hewitt? The witness is clearly having some difficulty.
I think this might be a convenient moment to give him time to recover himself.
All rise.
You will get on tomorrow, Miss Peters.
- Just as long as he gets what's coming.
Your evidence is very important.
Thank you.
Yeah, well, I liked Tracey.
I mean, it could have been any of us.
- Yeah.
- Did you just call me? - You called me.
- Oh.
I made a mistake.
I'm sorry.
- Jo, are you all right? - I'm just working too late.
Someone phoned and then put the phone down on me.
Is your policeman around? - I'm at chambers.
- Is he there? You must tell him.
- No, it was probably a wrong number.
- Jo, you must stop work and go home.
Should I? Good night, John.
Row.
Sorry if I woke you.
Morning, John.
- Sussex police have put a monitor on Jo's phones.
- I hope she knows.
- Beswick Thorp was murdered, John.
- Oh, no.
How? Do we know who did it? Mr Hewitt, I trust you've now sufficiently recovered to remember your mother? Is it not true that four years ago you approached three separate women in Eastbourne, in Woolworths, insisting that each was your mother? Was that not a repeat of your mental breakdown? You did have a mental breakdown at that time, Mr Hewitt, for which you were treated at Hastings Mental Hospital.
Part of that treatment was electroconvulsive therapy.
You had ECT on no less than 27 occasions.
Did that actually improve your memory or make it worse? Didn't you tell the doctor that your memory was "shot to pieces"? Not only could you not remember your mother, you didn't know who you were.
I don't think they should have given me that treatment.
It badly affected your memory, did it not? - But did it affect his cognitive powers? - I would suggest it did, my lord.
I would direct Your Lordship to the result of hospital tests on Mr Hewitt for his cognitive powers and memory, following treatment.
21 C in bundle K.
- They show how low he scored.
- My lord Yes, yes, I've read it.
How did you obtain these confidential records? My lord? Would the jury go out, please? - Well, Mr Cantwell? - They were obtained by our investigators.
How was that, Mr Cantwell? My lord, you know very well from your days as a barrister, most investigators are retired policemen with a network of contacts.
And you know full well that if you had wanted such tests, you would need to seek the cooperation of the prosecution.
They would have given that cooperation.
My lord, these records are a matter of fact.
Mr Cantwell, the moment we begin to admit evidence that has been obtained in violation of the law, the whole moral legitimacy upon which the legal system is founded begins to crack.
The end does not justify the means in this process.
If it did, we might just as well torture everybody suspected of a crime.
Under Section 78 of the Police and Criminal Evidence Act 1984, and you know the section, the court may exclude evidence if it appears that, having regard to all the circumstances, including those under which it was obtained, its admission would have an adverse effect.
I'm going to exclude it.
Mr Craddock, I didn't know he was going to sweep up my past.
I didn't know.
No, of course you didn't, Gerry.
You did your best.
- I can't stay at the police station no more, can I? - Social Services will sort you out.
Here you go.
What is it? What is it? Let go.
Let go of it! Moncheri.
- Where did you get this? - He dropped it in the alley.
You know the rules on late evidence as well as I do.
- We can't introduce it.
- You could talk to the judge.
Brian! On the face of it, the wallet is pretty damning evidence.
If you believe Hewitt found it in the alleyway.
I'm not inclined to.
More likely he stole it and identified Moncheri from this photo.
You could test that before the jury.
I could let Jo recall her witness and testify to the wallet.
I'm not inclined to do that.
We can't introduce this evidence unless the defence agrees.
Sorry.
You can cross-examine my client on it in due course.
Oh, I will, Brian.
Jo.
With your leave, my lord, I was to have called Maev Peters, a work colleague of Tracey Spink.
Regrettably, she hasn't appeared.
Mrs Mills, is this carelessness? On the list of witnesses for the prosecution there was a policeman from diplomatic protection.
He was to have given evidence before Miss Peters.
Like her, he's failed to show up.
Where are they? The policeman is in Australia on government business.
Well, I want a very good reason why he's in Australia, or I'll hold him and his superiors in contempt.
They know better.
What about Miss Peters? Is she ill? I'm instructed that she has also left the country.
Oh.
Is this on behalf of the government? I believe it was to take a job in the Middle East.
Well, then she is another one likely to see the inside of a cell, unless something suggests she was induced not to give evidence.
- My lord, this is a most unwise speculation.
- I fail to see how, Mr Cantwell, with the jury out.
These things have a way of filtering back to them.
Yes, yes, yes.
Is your next witness here? He is, my lord, the Assistant Manager at Browns Hotel, Brighton.
Good.
Let's have the jury in and proceed.
Mr Cooper, were you on duty as assistant manager at your hotel between the 26th and the 31 st of January this year? Yes, I was.
Can you look in your bundle marked K, and find the item marked 3K? Is that a computer printout of your guest register? Yes, it is.
For the days the 27th, the 28th and 29th for the penthouse suite, - can you tell us who was staying there? - No one.
Was not Sheik Mazrui of the Gulf State staying at your hotel? No.
He had checked out with his staff on the 27th.
My lord, may I have permission to treat this witness as hostile? - Any objection, Mr Cantwell? - No.
Very well.
- Is that your statement, Mr Cooper? - Yes.
I know I said he was there.
He had, in fact, reserved the suite in case he came back.
But I made a mistake.
- You made a mistake? - Yes.
You waited until now to correct it? Yes, the computer had a glitch, not the first time.
- How often does this happen, Mr Cooper? - Quite often, sir.
Mr Cooper, I put it to you that you are a liar who is perjuring himself for gain.
- No, I'm not.
- The jury will make up its own mind about that.
Superintendent Craddock, did you at any time have cause to visit anyone at Browns Hotel, Brighton, during the month of January? Think carefully, because I don't want you to make a mistake.
Yes, I went to see Sheik Ali Mazrui, having identified a Gulf State embassy car that was at the disposal of his driver for his visit to Britain.
- And do you know what day that was? - Yes, on 30th of January.
And can you tell us who was present? The defendant, the Sheik, his personal assistant, my sergeant and Mr Cooper, the hotel assistant manager, who conducted us to the penthouse.
Mr Cantwell.
Superintendent Craddock, you've a good memory for dates? I'd say I do.
It's something you develop.
Are you the former Detective Inspector Craddock, who, in 1992, arrested an Egyptian diplomat for breaking his wife's arm? You must answer.
Yes, I am.
The man was discharged from court.
Can you tell the jury why? There was a mix-up over when he was in the country.
Another mix-up? You said it was May the 15th.
In fact, Mr Yasser was out of the country, was he not? He lied.
- You didn't make a mistake? - He lied and so did the embassy people.
- Sir Ian Rochester, Judge.
- Thanks, Coop.
- Would you like some tea? - How pleasant.
I've never taken tea in chambers.
The prosecution seems under heavy weather with its main witness collapsing and its witnesses disappearing.
A lot of pressure is being put on this case.
Mightn't it be politically expedient to direct the jury to acquit? - Would that get the plane order back? - It might help.
Hmm.
This plane order seems to dominate everything.
I wouldn't presume to suggest what you do, John.
I came to tell you that the consensus of the Appellate Bench favours your appointment.
My position regarding this trial hasn't changed.
That's what makes you so interesting to the Lord Chancellor.
But neither he nor any other government minister can ignore the fact that over the next four years there could be guaranteed employment for over 5,OOO aerospace industry workers.
Mostly in places of high unemployment, Coventry, Bristol, South Wales.
I wonder how many of those people would set aside that length of employment for what might prove to be an empty gesture.
- Lf you trust people, they might surprise you.
- The government did.
It had an election.
Now it, not the people, has to manage the economy.
I have a clear sense of conviction about my actions.
Conviction is the prerogative of those who don't have to bother with everyday economic reality.
- I see it as the basis of a fair and decent society.
- One has to live with economic reality.
- We're all the poorer for it, Ian.
- That's my point.
We can't try Sheik Ali Mazrui vicariously, which is what everyone seems to be attempting.
What we're attempting is justice for the murdered girl and her family.
Without justice we have no country, no society, no position of authority.
Keep this up and they won't appoint you.
- I can't play their games, Chaz.
- Well, you could at least pretend to.
The risk there is to lose sight of where pretence ends and distorted principles begin.
No, no.
The real risk is that you drift to the right without even noticing.
- Is that what you think's happening? - It's what Neil says.
He thinks you don't care about all the people needing jobs.
I'll trade principles with lover-boy any day of the week.
Mr Rose, might I have a word, please, in private? - We're about to go into court.
Can it keep? - It's important.
One of the jurors was bribed Mr Symmonds, it's come to my attention that you were approached by a member of the public in an attempt to influence your decision.
- Why didn't you tell the court? - I didn't want to be taken off the jury.
- Well, that's what's bound to happen now.
- I didn't take his money.
I said I wouldn't do it.
It's your keeping quiet that concerns me.
- You've put this entire trial in jeopardy.
- I'm very sorry, sir.
Let's try and remedy the situation by apprehending the person who approached you.
Go with the jury bailiff.
For now you'll be kept apart from the other jurors.
It must be a record number of attempts to interfere with a trial.
- I'm determined to continue.
- Can we? In the circumstances.
Unless I hear a convincing argument to the contrary, I'm gonna carry on with 11 jurors.
They will doubtless assume, in the juror's absence, it was my client's doing.
No.
Why? He was separated from the others first thing.
- It's still a grave risk.
- What are your thoughts, Jo? There is a risk that any conviction will be rendered unsound, but I don't see how we avoid the same thing happening if we go for a retrial.
I could put the jury under 24-hour guard.
Or abandon the case altogether and direct the jury to acquit.
No.
The defendant must answer it if there is to be any justice for Tracey Spink.
Are you arguing that as a barrister or as a woman? I won't dignify that with a response.
My lord, might we have a word? - I have another appointment, Mr James.
- We'll be brief, my lord.
It is thought, in the circumstances, it might be unsound to proceed.
You might either instruct the jury to acquit or go for a retrial, my lord.
Who thought? You? Sir Ian? The Lord Chancellor? It is essential, my lord, in these circumstances, that we are seen to do things correctly.
It's essential to do things correctly in all circumstances, Mr James.
The procedure is correct.
- A conviction here would be unsound, my lord.
- You're assuming that there will be one.
Your Lordship seems determined to ensure there is.
No, Your Lordship is determined to ensure a just outcome.
I know that a lot depends economically upon the outcome of this trial.
A concerted effort has been made to derail us.
It's not going to happen.
5 Wells Yard.
- Jo Mills, please.
- May I ask who's calling, sir? - It's John Deed here.
Oh, hello, sir.
Just a moment, sir.
- Oh, didn't Kevin give you my message? - Yeah, you're in conference.
I came to apologise for my insensitive remark.
It's a long way to come.
It was unimportant.
- It didn't seem unimportant this afternoon.
- That was this afternoon.
I have a lot of work.
Yeah.
I'm having a meeting with your head of chambers.
- Can we have dinner afterwards? - No.
We can't.
Jo, can't we go back to the way we were before I sent Armitage down? These are - Thanks.
- I'll see you in court tomorrow.
With the complex checks and counterchecks that take place in police laboratories, Dr Jannatie, do mistakes of cross-contamination never take place? I can't say never.
There's a human element.
Humans are fallible.
So it is conceivable that the hair purported to have come from the defendant, and found on the dead girl, could have strayed from the batch you took for testing? It's just conceivable.
Then it is conceivable that the skin found in the boot of the car wasn't there at all.
I'll accept that forensic might make one mistake.
But two, Mr Cantwell? We are exploring possibilities, my lord.
- How old was the skin, Dr Jannatie? - I don't know, precisely.
It was not more than two weeks old.
So, she could have been in the boot of the car for any time up to two weeks prior to when the prosecution say the body was dumped.
Yes.
This skin, being dead, will have dropped off something, possibly the sheet in which she was wrapped? Yes.
Equally possible, then, that it was from a coat or a hairbrush placed in the boot at an earlier stage? - It's possible.
- Thank you.
Do you wish to re-examine, Mrs Mills? If it was skin from the victim's coat or hairbrush, would you be able to tell? There would be hair follicle parts mixed with it.
- Were there any such particles? - No.
Did any cross-contamination of samples take place in the lab or elsewhere? No, I'm certain it didn't.
- Thank you, Doctor.
You can step down, Doctor.
In the absence of Mr Reeves, the policeman from the Diplomatic Squad who is still in Australia, and Miss Peters, Dr Jannatie was our last witness, my lord.
- That concludes the case for the Crown.
- Mr Cantwell? With your leave, my lord, I would like to call the first witness for the defence, Mr Hussain Husaini.
Mr Husaini is in charge of the motor pool at the Gulf State Embassy where the car identified in the alleyway on the night of the 29th was garaged.
- Are you not calling the defendant? - No, my lord.
Your client fully understands that the jury may draw an inference as to guilt from his silence? I have made him fully aware of this.
But this means the wallet can't count as evidence.
No, I'm afraid not.
Looks like Mrs Mills' whole case is about to go down.
Mr Husaini, can you tell us where the Mercedes S-Class, registration 321 D 520, was on the night of January 28th this year? Yeah, it was in the garage at the back of the embassy in London.
It was being serviced.
We dropped the back axle out.
- You're certain it was this car? - Oh, yes.
It was on my work log.
It was booked in on 27th.
The work was completed three days later.
Thank you.
We'd like to exhibit this log, my lord.
Mr Moncheri was alleged to have driven the car on the night of the 28th.
Did you tell the police about the log after they arrested him? Yeah.
I told the Superintendent bloke, but he didn't seem that interested.
He told the Superintendent, but he didn't seem that interested.
Thank you.
Mrs Mills? When precisely did you tell the police, Mr Husaini? Was it before or after he was arrested, or before or after he was charged? On the 31 st of January, before they charged him.
Yes, can you look at these exhibits 5B and 6B, the detectives' logs? Each states that they went to the embassy, in response to a call, to be told about the car on the 2nd of February.
- That's the day after the defendant was charged.
- Yeah, they made a mistake.
- Oh, I see.
They made a mistake, you didn't? - It's here.
On the garage log.
Yes.
It's there somewhat differently on the logs of the policemen, and has been ever since our evidence was served.
I think we'll let the jury decide when your log was written.
Perhaps Mrs Mills will also have made her closing speech by then.
- Jo.
Maev Peters has turned up.
- When? She walked into the police station this afternoon.
She wants to give evidence.
If the judge will let her.
I'll warn his clerk.
I accept that Miss Peters was an important witness.
- The fact is, you've closed your case.
- She was prevented from giving evidence - I don't accept that, Mrs Mills.
- I'm not sure that I do, either.
She was warned off and fled.
There was no job in the Gulf.
Two Arabs approached her and threatened her.
- Is there evidence of this intimidation? - The police are investigating her story.
I can't accept that these persons are in any way connected with the defendant.
I hardly think it was the zionist League! You insist on assuming a degree of influence my client couldn't possibly possess.
It's the effect of all that oil.
Do you object to this witness being brought in at this point? - No.
- No? I thought I was going to hear a vigorous argument.
We all want the same thing, a just outcome.
The prosecution can interpose this one witness, then we'll continue with the defence.
I want no hint of the alleged threats.
You had sufficient time to look into the witness' background or do you need an adjournment? - Twenty-four hours would be useful, my lord.
- All right.
Until tomorrow morning, then.
I'm surprised at Defence Counsel allowing this witness to come back.
He may know something we don't, Judge.
One of the ushers overheard the junior and their instructing solicitor talking in the tea bar.
They have some sharp move planned with her.
She might have been turned.
So many routes of interference have been tried, it's a real risk.
I can't help you, John.
Are you satisfied the circumstances of the witness' sudden reappearance are genuine? If you think not, go for a retrial.
- Everyone seems keen for me to go there.
- Just be careful, John.
There's a lot of pressure on everyone to stop this trial.
My PPS thought there's a risk this woman might name names in the witness box.
It's a calculated risk, Neil.
Is no one going to get control of this trial? That in itself is fraught with danger.
I didn't get where I am today by being afraid of danger, Ian.
But the names that could come out scare even me.
Miss Peters, can you tell us where you were around 12:OO pm on the night of the 28th of January? - I was just leaving Browns Hotel in Brighton.
- How did you know it was that time? Because the man I was with had missed the last train to London - and was looking for a cab.
- Did you encounter anyone else at that time? Just as we were looking for a cab, a car pulled in.
A black Merc with a diplomatic plate.
- Did you know this car? - It was familiar.
I'm sometimes employed to entertain visiting diplomats.
- Who organises this, Miss Peters? - There's an agency in Brighton.
Oh.
Did you know anyone in the car? Well, the defendant got out and opened the back door for Tracey.
- Tracey Spink? Did you know her? - Yes.
We'd been on jobs.
Did anyone get out of the car apart from Tracey and the defendant? No.
The passenger in the back didn't move.
Did you recognise this man? No.
- Are you sure you didn't recognise this man? - Yes.
Did you not tell the police that you escorted this man out on a date? Well, I thought I had, but I was mistaken.
Let us be quite certain about this.
- Did you recognise the man in the back? - No.
I mean, I thought his face was familiar, but I'm always doing that.
Seeing people and thinking that I know them.
Not even when you've slept with them? No.
I didn't know him.
Miss Peters, is anyone threatening you in this matter? - My lord, I must protest! - Yes, Mr Cantwell, I'm allowing my desire for the truth to outrun the rules of procedure.
Do you wish to treat this witness as hostile, Mrs Mills? My lord.
- Mr Cantwell? - How can I properly resist, my lord? Go on.
Miss Peters, you are a prostitute, are you not? - I'm a model.
- An escort model who sells her services to men by the hour.
When were you first hired out to Sheik Ali Mazrui? - My lord, I must object.
- On what basis, Mr Cantwell? - The Sheik isn't on trial.
- Yes, I know.
His driver is.
Be careful.
Miss Peters, how can you be sure that the man in the back of the Mercedes with Tracey Spink was not Sheik Ali Mazrui, brother-in-law to the Crown Prince of the Gulf State? I just am.
- Did you get a clear look at him? - Yes, I think so.
You are certain that it was his driver who opened the back door for her? Yes.
- Did he leave the passenger in the back? - Yes, he closed the door.
- What happened next? - They went into the hotel together.
And that's the last I saw of Tracey.
Until you saw her photo in the newspaper following her murder? Yes.
Is Browns Hotel somewhere that is frequented by escort models and their clients? They don't ask too many questions.
Nor, judging by the absence of witnesses, do they see or hear very much.
Miss Peters, I would like you to think very carefully about when you first saw the defendant.
Outside Browns at midnight on the 28th of January.
And when, subsequently, did you see him? I saw his picture in the paper with his boss, Sheik Mazrui, after he was arrested.
You clearly made a mistake in respect of Sheik Mazrui.
You didn't, in fact, see him, did you? - No.
- No.
Miss Peters, you made another mistake in respect of Mr Moncheri.
Is that so? - No, it was him who got out of the car.
- Do you like to read Hello! Magazine, Miss Peters? Yes, sometimes.
- You like to notice celebrities? - It's nice when you see them on the street.
See, Sheik Ali is a celebrity.
Hello! Did a story on him last year when he came to negotiate a plane deal with Britain.
Did you see this issue? - Yes.
- Yes.
- Do you remember seeing the Sheik in it? - I may have done.
Yes, his driver is in the photo with him.
Did you see that? - Possibly.
- They all look alike, don't they, celebrities? You saw a diplomatic car drop your friend.
You identified the driver after a picture of him and the Sheik appeared in the press, after having seen them in Hello! And you assumed it was him that you saw on the night of the 28th.
- Is that not so? - No.
- It was a dark night.
Agreed? - Well, yes.
- There was no moon.
You accept that? - I don't remember.
It was dark.
The street lights were very shadowy, weren't they? Yes.
In fact, the streetlight nearest the front of Browns Hotel was broken.
- I don't remember.
- Don't you? Well, I can assure you it was.
I have here the council's report on the light.
Isn't it entirely possible that you didn't recognise the man with Miss Spink any more than you did the man in the car? - I think it was him.
- You're not sure? Miss Peters, if I told you there is irrefutable evidence that the defendant, along with the Sheik, was elsewhere on the night in question, how sure would you be then? Well, the police told me it was him.
- Oh, my lord - Miss Peters! Miss Peters, you must stop this right now! You cannot speak about anything unless you've witnessed it.
- I did.
I was there when the police said it.
- Miss Peters! Miss Peters, I cannot believe that you do not know what you're saying.
My lord, can I address the court on an urgent matter in the absence of the jury? Yes, I think I can guess what's coming.
The defence has been utterly compromised by the prosecution's late witness.
- Took you by surprise, Mr Cantwell, did she? - She did.
- The case must be abandoned.
- No, I'm not inclined to do so.
My lord, a judge has no discretionary powers to admit inadmissible evidence.
If I might guide you to Sparke versus the Crown, 1964.
The basic principle is best summed up by Mr Justice Roskill in The Crown against List, 1966.
"A trial judge has an overriding duty to secure a fair trial.
"If this cannot be achieved, a new trial must be ordered.
" Yes.
Conversely, a judge can allow things to continue if a gaffe does not make it impossible for the crucial facts of the case to be thereafter considered by the jury.
Try The Queen against Weaver, 1968, Queens Bench.
Trials have been allowed to continue where the perceived effect upon the jury is minimal.
- Might we continue this in chambers? - Does your client consent to your seeing me? All rise.
A retrial is the only way my client can get a fair hearing.
It's certainly something I have to consider.
There's no other possible course for a just outcome.
If I did order a retrial, what would be the chances of the prosecution getting their main witness back up to speed? - Pretty negligible.
- Hmm.
Well, Brian, if I do as you ask, I would feel compelled to ask the police - to investigate what I only suspect.
- Investigate what? Why, bizarrely, Miss Peters came out with all she did.
This is an unsupportable assertion.
There is no shred of evidence.
Your junior and instructing solicitor were overheard discussing this trial-wrecking strategy, Brian.
So I think the only common sense course would be for me to instruct the jury to totally disregard the witness' last two comments and proceed with the trial, don't you? Hmm? Good.
Oh, Mrs Brooks.
It's here if we need it.
You're free to go.
- Is the prosecution's case now finally closed? - It is, my lord.
Mr Cantwell, will you resume the defence? With your leave, my lord, I have only one more witness.
That is the Gulf State's Chargé d'affaires in Marseilles.
Because I didn't expect to get done with the last witness so quickly, he wasn't asked to be here till tomorrow.
- Well, I look forward to the morning.
- All rise.
You've done it before.
- Well, because she's my wife.
- What am I supposed to do? - You could just tell her.
You've told her before.
- Look, it's not gonna - Why does it always have to be what you want? - I have a lecture to give.
- That's always your excuse.
Dad! Hi.
This is a surprise.
- This is Henry Kuhle, he's my tutor.
- Hello, Henry.
Hello, and goodbye.
I'll catch you later, Charlie.
Oops.
Sorry.
He probably thinks I got you here to beat him up, anyway.
- Do you think I could? - You're Spider-Man, aren't you? - Do you want to have dinner? - Oh, Dad, you should have called.
- I'm having dinner with Mum and Neil.
- Oh.
Is she really gonna marry him? - He's made a pile of money in advertising.
- Oh, well, that makes him perfect for her.
Do you still love her, Dad? - I mean, do you have any feelings for her? - Yeah, sure, mostly negative.
I love her for you, Chaz.
I'll always love her for that.
The problem is, you can't just have the things that you love about your partner.
Other baggage comes along with it.
Listen, can I give you a lift? Something I want to ask you.
- Dad, Neil's sending his driver for me.
- Oh, okay.
Okay.
Oh.
Gosh, John.
Is there something wrong? - No, I wanted to see you.
- I saw you in court.
I miss you, Jo.
When you're not my friend, I miss you.
I have to radically rethink my life.
- It looks pretty good to me.
- Oh, that is such a male viewpoint.
You take things too personally.
Oh! And who taught me to get close and personal? I feel like a child that can't break from its parent.
I'll never get out from under your influence.
It's like I'm always somehow your pupil.
Well, I can't resolve that for you.
You chose a profession where every move is circumscribed by the system.
Can look pretty grim sometimes.
It looked pretty grim to me when I was a junior schlepping out to Southend or Chelmsford to defend some kid already caught up in the criminal injustice system.
I remember one day giving all the money I had on me to some kid and telling him to run for it.
I thought he'd got more chance out there than caught up in the system.
That was a real low point.
I felt like quitting that day.
Why didn't you? Well, you tell yourself you're gonna make a difference.
Instead I end up sending people like Addem Armitage to prison, hoping to keep other people from going there, or so I told myself.
We don't need critics, Jo, we need examples.
There are so few examples of selflessness or spiritual behaviour.
It gets to us all finally.
It's not just the system, John.
- Can you hear it all right, Mark? - Not down here.
- Hello, Judge.
- How you doing, Mark? I'm all right, thanks.
- I'd better go, my policeman's waiting.
- So is mine.
- Do you want some coffee? - Mmm.
Charlie stood me up for George and her new friend.
They'll have a lot to talk about, Charlie and the Secretary of State.
Nothing he'll want to hear, though.
Why does he allow the export of live animals? The import of animals for vivisection? Do business with Korea and China? She could change the face of exploitation over dinner.
Marry me, Jo.
Could I bear to forego the pleasure of being able to appear before you? Well, you might have to.
The Lord Chancellor sounded me out for the Appeal Court.
- Wow.
Are there strings? - Always strings.
- This case is becoming an issue.
- Will you get the appointment before it's finished? You'd better take it.
Deed.
Judge, I've just had a call from a friend in the logger's office.
Mary Brookes, the stenographer, has reported your taking the record of the conversation.
Well, thanks, Coop.
Problems? Irrefutable Miss Peters, you must stop Well, the police told me it was him.
Mr Justice Deed should not have allowed the trial to continue - after such a prejudicial remark.
- But he did.
It seems that he is a law unto himself, Laurence.
What this provides, Minister, is a line for the Appeal Court to set aside any convictions.
That won't help our case with the Gulf State.
You assured my PPS the trial would collapse once Maev Peters had been on.
Instead, Deed threatens to expose us! This is like the worst of the bad old days.
Then it was the unions holding the country to ransom.
- How do you stop this man? - He's a High Court judge, Minister.
For crying out loud, we're the Executive.
We appoint these people.
Why do you recommend such unreliable people to such unassailable positions? - It's called separation of powers.
- Of course.
We understand that.
We need to subvert Deed for the greater good, Ian.
- That's in train - Darling, we must go.
- I'm being driven mad by your ex.
- Tell me about it.
In the car, or we'll lose our reservation.
Nonsense, they'll keep the restaurant open for me all night.
- You can't go like that, Charlie.
- Why? What's wrong with it? - She's fine.
- Well, it's the restaurant, darling.
Find her one of your exquisite dresses.
Hmm? Thank you.
As Chargé d'affaires, is one of your duties to entertain and facilitate Gulf State businessmen in France? Naturally.
This is one of my functions.
On the evening of January the 28th of this year, were you entertaining anyone from your country? Yes.
Sheik Ali Mazrui.
He was in Marseilles.
How can you be sure it was this time? We have a large social calendar.
We cannot make errors.
The French Minister of Commerce was at dinner and also the head of French Aerospace.
Was the defendant at dinner with you? A driver? But of course not.
- Did you see him in Marseilles at that time? - Yes.
He drove the Sheik to dinner.
Mr Cantwell, this appears to be an alibi.
Why was notice of alibi not served? I must apologise, my lord.
There was a valid reason.
Yes, well, I hope there was a valid reason.
- We'll grant leave on this occasion.
- My lord! I know, Mrs Mills, no doubt you will clarify the position for us during your cross-examination.
Mr Shahatra, why was the defendant's alibi not disclosed earlier? I cannot reveal that.
Do you hold the secrecy of a possible plane deal over a man's liberty? Of course not.
We would not.
Isn't the real reason that this alibi was launched so late - because it was thought up late? - I cannot answer that.
Well, then I'll ask you a question that you can answer.
- At what point were you asked to give evidence? - Two months ago.
That's two months after the defendant was charged.
Now if, as you claim, you entertained Sheik Ali Mazrui in Marseilles on the 28th of January and you remember seeing the defendant there, too, then he couldn't have murdered Tracey Spink.
- Exactly so.
- Unless you fabricated this whole story.
I did not.
I think we'll let the jury decide when they wonder why no member of your staff initially came forward to provide a cast-iron alibi and spare all this court time and money.
- I trust a British jury.
- I'm sure you do.
Thank you.
- Do you wish to re-examine, Mr Cantwell? - No, my lord.
Mr James.
Before you depart, might we have a moment in chambers? You're free to go, Mr Shahatra.
Mrs Channing phoned to inquire if you were going to be at the lodgings this evening.
So she can decorate my carpet again? Ah, Mr James.
I understand you've been taking the daily recording of court proceedings.
- The department thought it prudent, my lord.
- Did it? To what end? - That is for the Lord Chancellor, my lord.
- Do you think he even knows? Senior lawyers in the department are concerned whether some evidence being admitted might leave the verdict wide open to appeal.
The jury might find him not guilty.
What surprises me is that the Secretary of State hasn't offered an alibi himself.
Will that be all, my lord? Mrs Channing, my lord.
- Are you trying to sabotage my marriage plans? - Thank you, Mr Johnson.
- Will you be dining in, my lord? - Yes, I think so, Mr Johnson.
- Pre-wedding nerves, George? - Hardly.
Neil is very cross with you over the way you're handling this case.
How would he like me to handle it? Did he give you written instructions? Don't be churlish.
Well, my actions hardly reflect on you, George.
You had the good sense to leave me, after all.
Is there any way you could be more flexible about this case? Flexibility that wraps itself about lover-boy's convenience is hardly compatible with justice for the murdered girl or her family.
Is this entirely about your feelings of jealousy? - No, it's entirely about justice.
- There's no such thing other than in the abstract.
It is hard to find these days.
But when you do get to it, when you get goosebumps or tingling along the spine, then you know you've touched something decent and worthwhile.
If you haven't felt it, George, why do you go on practising law? - For money.
Why else, John? - George.
The desire for justice is one of the very finest of human aspirations at its most effective.
The law is the bulwark of society.
All those workers who had their lungs shredded by asbestos, all they need is one lawyer sufficiently touched by their predicament.
I should have recorded this for poor Neil.
He imagined he could wreck the case by having that missing witness reappear.
What? Well, you are still my daughter's father, John.
I think he knew that dead prostitute, too, but not personally.
His department has to entertain these businessmen.
All they ever want to do, it seems, is dive into the fleshpots.
- Don't you dare tell him I told you.
- George, you're a wonder.
If there is any doubt, any reasonable doubt, that it was Ali Abdul Moncheri who killed Tracey Spink in Brighton on the night of January the 28th, then you must find him not guilty.
Now, if you conclude that the defendant did kill Miss Spink, but that he didn't mean to, or to cause her serious bodily harm, then the lesser alternative of manslaughter is open to you.
- Does anyone know what the form is? - We're here to pick a foreman, so the usher said.
What about a forewoman? Why always a man? Well, why don't we just let the men decide, dear? Kathleen, you can't be serious! - Oh, I find it all hard to follow.
Why don't you be forewoman, Marlene? You were taking most notes.
Yeah.
I agree with that.
- Definitely.
Okay.
Okay, well, then let's take a little vote to see where we all stand on guilty and not guilty.
Ah, um There's a third alternative.
Undecided? - Yes.
- Yes, all right.
All those for guilty? - Yeah.
Guilty.
Two Seven.
And not guilty? - Yeah, yeah.
- One.
Two.
That just leaves undecided.
- Undecided, I'm afraid.
- Undecided.
The thing that worries me is this embassy official from France.
Why would he lie about the Sheik and his driver being there? He didn't seem the type.
Well, Gerry Hewitt saw that driver dumping the girl's body with his own eyes.
That's presumably how Mr Shahatra saw the defendant in Marseilles, Kathleen.
Doesn't poor Mr Hewitt see all sorts of people when they don't exist? What about the dead girl's skin particles in the boot of the diplomatic car? And Moncheri's hair found on her? I mean, that's important evidence.
Yeah? The dead girl may have been in the boot.
Does it mean that he killed her, or that he put her there? That's right.
We're trying him, not anyone else.
The guy in the dock did have his hair on her.
James, you know what sort of work she did.
Who's to say he hadn't been with her days earlier? - Hair's a devil to get off your clothes.
It could have been a mix -up in the lab.
- Well, not according to that forensic woman.
- She would say that.
And why didn't Moncheri say anything in the court? Maybe he was scared.
I know I would be if I came up before a court in the Gulf State.
Why's that? Because you wouldn't get a fair trial.
They'd stone you.
Let's take another vote.
All those for guilty? Okay.
Five.
This is my youngest grandchild.
- Oh, she's lovely.
- The poor dear has got a cleft palate.
She's been waiting over a year to get it done.
She doesn't complain.
I'll say a prayer for her to get it fixed soon.
Kathleen! Hi.
In church last night, I had an answer about your granddaughter.
My cousin, he's a nasal-maxillo surgeon.
- He could see her in Harley Street.
- Oh, we couldn't afford to go private.
No, no, no.
Well, Ralph, he makes enough money from those who can afford to pay.
No, he does some operations for free.
And not guilty? One, two, three, four, five, six This is stupid.
How can you change like that? James, everyone has a perfect right to change his or her mind.
- You mustn't try to badger people.
- They should do what's right.
- What, according to you? - You all thought he was guilty.
- You've all been got at.
- Persuaded through argument.
I don't believe this.
He offered me a job I'm sorry, I'll take it back.
I'm sorry.
Look, I've seen what he's been doing during the coffee breaks.
- How many others has he offered something to? - Hold on a minute, I'm just being friendly.
We're all in this together.
Anyway, I was one of the undecideds.
Yes.
He only changed his mind on the fourth vote.
- Thank you! - I'm not stupid.
- He's got at everyone here.
- You're acting up because you didn't win.
Look, it's just your opinion, James.
Whatever we decide, it's the majority decision.
Members of the jury, have you reached a verdict upon which at least 10 of you have agreed? Yes, we have.
On the count of murder, do you find the defendant Ali Abdul Moncheri guilty or not guilty? Not guilty.
On the alternative to that of murder, namely manslaughter, do you find the defendant guilty or not guilty? Not guilty.
- We weren't all agreed.
It wasn't unanimous.
- I don't want to know.
- I voted guilty.
- Please sit down.
May my client now be discharged, my lord? The jury were got at! - Yes, you were! He got at every one of us! - Dock Officer! I haven't ordered his release yet.
The court has no legal right to hold him after the jury has acquitted him, as Your Lordship knows! Members of the jury, I want you to go with the jury bailiff and wait in your room.
Mr Frey, you will be taken to a room by yourself for the moment.
- My lord, I must insist - He remains in custody for now.
Then I shall seek a writ of habeas corpus.
Well, then you'd better get going.
You need to get to the High Court by 4:30.
- Traffic's appalling this time of day.
- All rise.
Not guilty.
Not guilty! - Has he gone completely mad? - Oh, I do hope so, Brian.
Mrs Cooper? Sir Ian Rochester, Judge.
- John, I'm shocked by what you've just done.
- I'm rather surprised myself.
Any inquiry into the possible misconduct by the jury can have no bearing now.
The defendant was found not guilty.
- But it does bear investigation, Ian.
- My lord, you now hold this man illegally.
No, I've simply yet to release him.
- This is an affront to justice.
- I'm glad to see you've become its champion.
- It's my only concern in this matter.
- Ah.
I thought the £10 billion plane order might have been a factor, or the Department of Trade pimping for the Arabs.
John, you must release him or risk bringing ridicule to our criminal justice system.
You overstate the case, surely.
One is trying to deliver a just outcome by the most expedient means.
You can't believe there won't be consequences? Mr James.
My lord, what you have done is a clear and substantial abuse of the 1998 Human Rights Act and of Moncheri's right to be treated as not guilty.
Also an inviolable rule under English law.
Unlike some English law, the European act is in statute, and not subject to change at the judge's whim.
- You think my actions whimsical, do you? - They are fast becoming farcical, my lord.
- What signal does this send to the Arabs? - The clear signal that our system is not corrupt, that it cannot be perverted by lost witnesses slipping in at the last moment to make prejudicial, trial-wrecking statements with the full knowledge of senior civil servants and ministers of state.
Now, was there anything else? Yes.
Unless you release this man right now, your elevation to the Appellate Bench will not happen.
Get out! - Perhaps someone will assassinate him, Sir Ian.
- One can only pray.
- I'd better warn Neil.
- Sir.
Mrs Cooper.
Get Superintendent Craddock for me right away, would you, please, Coop? I want him to interview Maev Peters.
Tell him it's very urgent.
If our deal with the Gulf State is totally lost, I'll murder him, George.
You lost, darling.
Accept it.
George, I can't remember the last time I lost anything.
I'm gonna pull this baker's boy off his self-erected pedestal.
A lot want to do that.
Get in line.
Watch this space, darling.
Ali, find Tony Jones.
Have him meet me at my office at 6:15.
Hi.
It's George.
Look, can we make it another evening? Something's come up with Neil.
You have something you want to say to me? Yeah, well, I have been on jobs with them.
They like to play sex games.
Moncheri put a noose around my neck, like the one that killed Tracey.
Well, that's a start.
I'd barricade the doors if I were you.
- You think the Arabs will come after me? - I think they're the least of your problems.
I could have Neil Haughton and Ian Rochester summoned for criminal contempt.
It was them that nobbled the jury.
- No! - Yeah.
Moncheri was rearrested the moment he was released.
All they could get him for was disposing of the body, but he'll get eight years for that.
And it gets better.
One of the jurors was a member of the Security Services.
His connections to the government become clearer by the moment.
- You better not go to sleep tonight.
- Sleep wasn't what I had in mind, actually, Jo.
- Mrs Channing is here, my lord.
- Oh, isn't this cosy! Why, Jo, I do believe you're blushing.
Yeah, well, George, in spite of life, some of us have retained that facility.
To what do we owe this unannounced interruption, George? The housekeeper's only just got the curry sauce out of the carpet.
I obviously made a mistake.
I did want to say how much I enjoyed the other evening here.
It was always your best role.
- This is clearly unfinished business.
- Don't fall for it, Jo.
Forget it.
Shall I serve your takeaway now, my lord? Yes.