The Brief (2004) s02e01 Episode Script

1
Just before the crash happened,
Callum decided he was thirsty
and he wanted
the refreshment trolley.
So, he set off walking
to the front of the train
and I remember thinking
how beautiful he was.
He'd just shot up that year.
He was nearly six foot.
Then he was gone.
MAN:
Do you want to go on?
That's when the brakes came on
really hard,
and the train began to shake.
And there was this
horrible grinding sound.
I'm sorry.
The judge wants us in now.
He's got a verdict.
Nerves.
Why not?
Corporate manslaughter.
A bit of history in the making.
It's Cazalet.
Doesn't look a happy fellow,
does he?
Let's hope it's the nine deaths
on his corporate conscience.
JUDGE: I have decided that
the prosecution for manslaughter
of Mr. Robin Cazalet
and the other directors
of Traxco Rail
as a result of the rail disaster
is simply not tenable.
[Spectators murmuring]
Acorn Media
[Crowd shouting]
Iniquitous.
Their whole
cheapskate operation's
designed to make money
for the shareholders,
and the passengers
can go to hell.
So, who's to blame
for the crash?
I'll give you 4 to 5,
they'll have the train driver up
on a manslaughter charge
within the month.
BEN:
Can I help?
Yes.
Hello.
Oh, hello, Henry.
You look a bit grumpy.
Yeah, I am.
You're back.
Come in.
Henry Farmer is late
with his chambers rent again.
Everybody's late with the rent.
Not five weeks in a row
they're not.
Hello, miss.
Hello.
Welcome.
Everybody, this is Millie Marsh,
our new tenant.
She was briefly a pupil with us
under Henry, I think.
Not literally, I hope, miss.
Mo, go and make us all some tea,
would you?
Hello, Mo.
MAUREEN:
Make yourself at home.
I've put your desk in
with the rabble.
Don't worry, miss,
I'll soon set you up
with a nice little something.
As soon as possible
by the look of that shopping.
I'll go and help Mo.
Henry, are you in
any real difficulty?
I keep hearing things.
Nah, I'll be fine.
Right.
Henry and Mo are an odd couple.
They're not a couple, Cleo.
Henry had a little falling-out
with his landlord.
Probably because
he'd like to be paid.
He'd be homeless
if it wasn't for Mo.
- Two minutes.
- I'll just have cereal.
MAUREEN: Is it completely over
between you and Polly?
Afraid so.
She didn't like the gambling
or the anti-social hours.
MAUREEN:
Only, my wayward daughter
might be coming to stay.
She's the one who dumped
the rabbit on me.
I'm just going off to court.
Gonna see if that train driver's
going to be committed to trial.
Ooh.
Changed my mind.
Mmm.
Nothing much you can do
about the driver, is there?
Maybe, maybe not.
It's not your case, Henry.
BEN: There's the train driver
and Traxco's lawyer.
Small world.
And Mr. Cazalet.
Looks like they're paying
for his defense.
They've got away with it,
and the shareholders
are breathing a sigh of relief.
GREER:
At barely 200 yards from impact,
the data recorder in the cab
shows the accused applied
full emergency braking
which was then locked full
until impact.
The passenger train was hit
by the goods train
and the front carriage took
the full force,
before bursting into flames.
Thank you.
The Crown submits that this
driver's reckless disregard
for even the most basic
Health and Safety regulations,
let alone the rule book,
was responsible
for the victims' death.
Michael Ian Westlake,
we are of the opinion
that there is a case to answer.
You will therefore
be committed to trial
on a charge of manslaughter.
[Spectators whispering]
Jezebel.
I couldn't say no.
She found out I'm a railway nut.
Isn't this a bit beneath you?
An elephant to crush a flea.
I take it you're just
an observer, Henry.
Suddenly,
it's the driver's fault.
Just ask yourself,
if you were the government,
who would you
want to take the rap
if you didn't
want to spend billions
putting the railways right?
He went through a red.
Feel strange
occupying the moral high ground?
I'm talking to a lot of bereaved
and damaged people, Henry,
and they know
who they want to see punished.
BEN: That's Cazalet
and Michael Westlake.
Look casual.
I'm Henry Farmer.
I know.
You tried to put away
my employers.
Why are you letting them
run your defense?
Because they pay my wages,
and I'm not in the union.
Cazalet should be in the dock,
not you.
You said you were tired.
Why were you tired?
Because I'd worked
a 7-day week continuous,
switched to mornings
halfway through,
and then a 10-hour day,
plus traveling and breaks.
I was knackered.
There's your defense.
Look, mate,
we all signed up for it.
More pay,
work your bollocks off.
That's why the union
hates people like me.
So you think you're guilty,
then?
It's natural to feel guilty,
isn't it?
But I know deep down in my heart
that it wasn't my fault.
Traxco are trying to shift
the blame onto the Network,
aren't they?
Signals?
So the last thing they want
is an employee of theirs
standing up in court
saying he was dog tired.
Yeah, I was knackered, but that
won't get me off, will it?
If you made a mistake
because you were stressed
and overworked,
then they've allowed it
to happen.
I'm on my own here.
It's absolutely terrifying.
I mean,
there's rumors going round
that I wasn't concentrating.
I mean, what do you say
to lies like that?
The papers say
you were using your phone.
You weren't, were you?
I'm not that stupid.
Talk to Traxco's lawyers again.
Insist on tiredness
as a defense.
Watch how they react.
You're seriously out of order,
aren't you?
Betting slip.
You're a gambling man.
If you change your mind,
call me, anytime.
CLEO: I'm sorry I had to bring
our meeting forward.
I know this is hard for you,
but it helps me to know
what you've been through,
losing your son.
And if we win, it might help you
find some sort of closure.
Closure's hard.
I brought him up on my own,
protected him
against everything,
but in the end,
I was with him on that train
and I couldn't save him.
Well, perhaps we can get you
justice.
At least he still looked like
my son.
Some of the others, they were
I'm sorry.
And hopefully some sort of
peace of mind will follow.
As a new clerk,
you should understand
that this is a chambers outing.
So no loose talk.
What's a chambers outing?
He means we've got barristers
in this chambers
on opposite sides
in the same trial.
Plenty of opportunity
for a bit of spying.
Oh, no, it's all very civilized.
You just don't talk to
the other side about this case.
What about the signal sighting?
Was it so poor
the driver didn't see it?
Henry, don't do this to me.
I think he stands a good chance
with that, don't you?
Don't be tight arsed, Paul.
Lend us a tenner.
Yeah.
There.
Mr. Farmer.
There's a gentleman to see you.
Looks like an undertaker.
Mr. Tebbott, sorry.
Malcolm.
I think we had a meeting
yesterday.
I forgot.
I was in court.
Missing a meeting with
your trustee in bankruptcy
is a bit like skipping bail.
I'm not the "B" word yet, am I?
I thought that's what
you were helping me to avoid.
Sooner or later, we do have
to look at the tricky problem
of your spending.
I thought the idea
is we fix upon a sum
that I can pay my creditors
and then I try and stick to it.
You've been teasing me
all along, haven't you?
You do understand.
First we work out
your basic needs.
My basic needs?
TEBBOTT:
Food, laundry, rent,
and then we can distribute
the rest to your creditors.
We have to fix a sum
you can survive on.
It'll include the odd pint,
don't worry.
Maybe a curry occasionally if
you don't eat in the West End.
I see the contract
on your mobile's expired.
Perhaps you can change
to pay-as-you-go?
You say you're staying
with a friend.
You won't want to do that
forever.
Hopefully you'll be able
to find yourself a nice bed-sit
for a reasonable price
somewhere in the suburbs.
SCANLON:
Mr. Farmer.
Hello, mate.
Nice to see you.
Train driver
and his new solicitor.
Hello.
I had a think, and I decided
that you were the first person
that's spoken sense, Mr. Farmer.
And you're a betting man, too.
HENRY:
Don't take any tips from me.
You'll lose your shirt.
I'm so sorry.
This should never have happened.
The defense team comes
from these chambers, too.
Come on, let's go.
That's the driver.
Yes.
I'm sorry.
You're sorry?
Aah!
What were you doing?
What were you doing, huh?
Were you playing computer games?
It's all right.
It's all right.
Calm down.
They were all lies.
HENRY:
Take it easy now.
Don't we have a diary
in this place, Ray?
I saw her climbing into
a burning coach.
They dragged the lad out.
He was still alive.
I wanted to help,
but my legs, they wouldn't work.
CLEO: Ray?
I don't know who cocked this up,
miss,
but it wasn't me, I swear it.
I know everything
that's in that diary.
- Did you set this up?
- Oh, don't be silly.
No.
It was probably that new clerk.
My new clerk would not make
this sort of mistake.
I wouldn't put it past you.
I think you should withdraw
that stupid remark.
I really don't feel like it.
How did you muscle in
on this case?
The defendant's changed
his solicitor.
Oh, yes, we all believe that.
You did say civilized,
didn't you?
I wanted to pick your brains,
Dad, not get pneumonia.
So, what defense
is your train driver using?
Divine intervention?
Everybody knows that Traxco
are the shoddiest
train operators around.
Oh, I see.
You chair a public inquiry
into safety on the railways.
You write a report, and
you don't even mention Traxco.
Privatization is evil,
and it's all the government's
fault.
So we can just forget
corporate manslaughter
as a crime now, then, can we,
if our lordships find it
all too fretful?
So, who do you blame?
I understand Robin Cazalet's
doing a fine job
turning that company around.
The government have renewed
their franchise.
They must be doing
something right.
And why so little in the report
about the long hours
that train drivers work?
Plenty of evidence
at the inquiry.
Did the government put pressure
on you?
They can't and don't!
Change your newspaper.
Working men aren't all saints.
I blame your mother.
Taking you away
from a decent school
and sending you
to a comprehensive.
Still, I suppose juries like
the common touch.
I'm Robin Cazalet, Chief
Executive of Traxco Trains.
Today marks the anniversary
of a tragic accident
that has changed the lives
of many people.
But first, I would ask you
to remember the nine
who died on that day
Lily Calders
It's rather brave of Cazalet
to face the survivors
after all the stuff
that's been thrown at him.
HENRY: How many more dirty
tricks can I expect from you
after that little confrontation
in chambers?
I don't know
what you're talking about.
You knew my client
was vulnerable.
So?
Shake him up a bit.
Maybe he'll plead guilty,
and you can get yourself
a lucrative little appeal.
He seems to be holding up.
Your idea, Henry?
Could be thought
a little insensitive
in the circumstances.
CAZALET:
And Callum Nicholson.
Dear Lord, help us
in our darkest hour.
Hear the prayers of those
who have been left behind
and help us to grieve.
Grant those we have loved
eternal peace
and a home in heaven.
Amen.
ALL: Amen.
I can still smell
the burning oil on his clothes.
BEN: So, how long have you been
working for Traxco?
I'd only been qualified
a short while.
I was good.
I thought about safety
all the time.
You do.
I never put a foot wrong.
I'd have been happy driving
trains for the rest of my life.
Do you remember canceling
the warning in the cab
on the yellow?
Of course I do.
It's like a reflex.
You know, standard practice.
Then you knew the next signal
could have been red.
But you didn't slow down.
What happened in between?
What did you see,
and what didn't you see?
I never saw the signal.
You know, if the sun's low,
the sighting's bad.
But you'd done that journey
14 times before.
Did any other driver report that
he couldn't read the signal?
Ah, I don't
No.
HENRY: This was
your third journey of the day.
You'd been driving
since just before 6:00.
Medical's A1.
No blackouts.
You know,
I was lying by the track
and this bloke, a passenger,
he came near
and he says to someone,
"There's no justice.
The driver's survived."
Sorry.
Can I borrow your phone, please?
HENRY:
Yeah.
Cheers.
I had one of these.
You pay as you go.
Yeah, just changed.
You're out of credit.
Superficially,
it's a good defense.
The sighting's not great,
the red was on a bend,
there's a bridge, and the sun
was directly behind.
That's what I thought.
But the Health and Safety
inspectors
said that the signal
was readable for 20 seconds.
They ran a train along there
later the same week.
The sun was behind.
They repeated it twice.
It was readable.
And we're going to call them.
And Traxco would know that.
BRACEWELL:
They must do.
It just doesn't stand up.
I bet your kids have fun
in here.
I don't let them play with it!
HENRY:
Thanks for the meal.
If Cleo finds out I spoke
to you, she'll kill me.
It's all in the name of justice.
See you tomorrow in court.
Yeah.
[Indistinct conversation]
HENRY: Best friends
with Traxco now, are we?
Just being civil.
This is a first
Us on opposite sides.
All ready to get the
government's transport policies
off the hook?
Oh, spare us.
Why would I want to do that?
I don't know.
Must be something in it for you.
A seat on the bench,
a place in the Lords?
You're a very balanced person,
Henry.
A chip on both shoulders.
BRACEWELL: You commute to
London every day, Mr. Hunter,
is that right?
HUNTER: Yes.
And what did you see
when you got off your train?
The train on the other side
of the platform
was just coming in.
I suppose I was 50 feet
from the buffers
when the cab went past me.
And what did you see inside
the cab as it passed you?
HUNTER:
Well, the driver had his feet up
and he had a book beside him,
facedown, but near the controls.
BRACEWELL:
And why did you remember this?
Because, obviously,
I thought it was appalling,
and when I heard
about the crash later,
I wondered
if it was the same person.
So I rang the newspapers
because I really wanted to know.
It was very shocking.
The newspapers rang back
later that day
and they said it was the shuttle
and that they could prove
it was the same driver
and would I give them
an interview.
And do you recognize
the book-reading driver
in this court?
Yes, that's him, there.
[Spectators murmuring]
HENRY: You probably know
it's the habit of some papers
to make allegations
about serious accidents.
Book-reading drivers,
recklessly texting
on mobile telephones.
It has a strong effect on sales.
JUDGE:
Is that a question, Mr. Farmer?
The witness says he saw
the defendant reading a book.
It's not the Daily Mail
giving evidence.
Did you get paid for your story?
Certainly not.
Not some expenses?
Well, a small amount.
I had to go to some trouble.
I don't doubt
that you were genuinely alarmed
by what you saw.
When you say it was a book,
what color was it?
Not a very definite color.
Paleish.
Was it anything like this?
HUNTER:
It could have been.
- Do you know what this is?
- No.
This is the drivers' rule book.
Do you object to him having that
facedown beside him?
I object to him having
his feet up.
There are no rules
in the rule book
about where the driver
puts his feet.
The brakes are hand-operated,
Mr. Hunter.
It looked sloppy.
It may have done,
but it wasn't dangerous, was it?
Just the right little plea
for you, miss.
It's a death-row job.
Death row?
A perfect gentleman
by all accounts,
but, then, I imagine
the solicitor's
succumbed to his charms,
as he hopes a judge
will succumb to yours.
Dangerous Dogs Amendment Act,
I hope you like dogs, miss.
Excuse me.
- Mo.
- I'm defending a dog?
Oh, thanks, Ray.
Why did you sleep in chambers
last night?
How did you know?
[Sniffs]
It's your aftershave.
They were filed
under R v. Smethwick.
I was going to stay in a little
hotel round the corner,
but they were full for the night
and I remembered the mattress
that you'd left here, sir.
I think my wife's having
an affair.
Why?
She's been spending nights
at her sister's in Southend.
Things go on in Southend.
So you think your wife's
having an affair,
so you sleep rough?
It was just the one night.
Nothing like this
has ever happened to me before.
Don't say anything about this.
MILLIE:
Hello, Denzil.
I'm a bit nervous with dogs.
Is he really okay?
Oh, he's lovely.
My youngest dotes on him.
I'm all that stands between you
and a lethal injection.
Oh, you're all right.
They got it wrong about you,
didn't they?
[Growling]
What you did wrong
was you moved too quickly.
Denzil doesn't like strangers
to move too fast
unless you've got a treat.
What are you looking at?
The wig.
Very retro.
It's been fixed.
You can tell from behind.
Go away.
Ooh!
CLEO: What was your role
in the company
at the time of the accident?
Before I took over
as chief executive,
I was an executive director
in charge of Health and Safety.
And can you tell me a little
about what you did?
CAZALET: When Traxco
took over the region,
we decided to make safety
a priority.
After the very stringent
Gillespie Report,
we commissioned
a risk assessment.
CLEO: Would you say
there was any reason
for a driver to be fatigued
at work?
Well, not unless he was tired
for some other reason.
If he'd been out partying
or turned up for work
without sleep for any reason,
he would be very much
on his own.
Mr. Cazalet, this accident
happened in summer
and the defendant had worked
seven days in a row,
11 hours a day,
and the air-conditioning
in his cab wasn't working.
He'd reported it to the company
the week before,
but it obviously
hadn't been fixed.
Is that looking after the health
and safety of your employees?
Our records say that it had been
repaired the week before.
HENRY: The defendant said
in his statement it hadn't,
and he was in the cab,
wasn't he?
It was a good excuse,
and since it was badly damaged
in the accident,
we only have our service records
to go by.
The records show it had been
reported faulty four times
in the previous year
and it failed again four times,
isn't that right?
The records show it was not only
fixed but completely overhauled
in the previous week.
HENRY: You mentioned
the Gillespie Inquiry
into the state of the railways
two years ago.
That was a whitewash, wasn't it?
I feel the report made
a significant contribution
to rail safety.
It was a green light
for unscrupulous companies
like yourselves
to work drivers longer hours,
wasn't it?
CAZALET:
On the contrary,
we follow the legal requirements
to the letter.
But you're known as a company
that actively encourages drivers
to work long hours of overtime,
aren't you?
CAZALET:
It's about common sense.
We look after our drivers.
But they must
look after themselves.
HENRY:
What do you mean exactly?
CAZALET: Well, I understand
from the disciplinary records
that the defendant
was reprimanded
for his habit of traveling
to work in London
from his girlfriend's in Reading
because it was feared he was
depriving himself of sleep.
Unfortunately, the court
hasn't seen these records.
Can they be provided?
I understand they can, my lady.
Do you have proof he did this
before the accident?
I understand we don't have proof
in this case,
but my managers feel it
a very strong probability.
- What is this?
- Hang on.
You told me you were single.
Nicola.
It's very on off, on off.
We had a kid together.
Melanie.
She wasn't planned.
Love her to bits.
So here I am basing a case on
you being worked into the ground
and you're going without sleep
to be with your girlfriend.
I didn't come from hers
that morning.
I'm not lying to you.
I liked to go up to Reading
as much as I could to see them.
But I couldn't do it that week.
You saw the hours
they had me working.
The prosecution are trying to
drag up other stuff
from your past as well.
When you first applied to work
for Traxco,
you were asked if you had
any alcohol or drug-related
convictions, remember?
You said no.
I really wanted that job.
You had a conviction in 1998
for drunk and disorderly,
you were expelled from school
for possession of cannabis,
plus two convictions
for joyriding.
I lost my mum.
I had a dodgy time.
I got through it.
Oh.
They're gonna think
I'm a nutter.
That's what the other side
would like them to think,
but we won't let the jury
hear it.
You tested negative
for everything after the crash,
so it's irrelevant.
But it's a warning.
You have to tell us everything.
I've put the boat out for you,
Mick.
You've to be straight with me.
Okay, okay.
Now we need a statement
from Nicola
saying you weren't there
the night before.
Yeah, she'll do that.
Red Rage 2:30?
Yeah, looks good to me.
Scrub that, then.
HENRY:
Your rabbit.
MAUREEN: I don't understand it.
It's not like him.
I haven't got time
for a fitting.
It's held together with tape.
I'm a laughingstock.
He only eats organic.
It's genuine horsehair.
Do you know how much these cost?
Of course I do.
You shouldn't have left it
lying around.
There's some in about your size.
They're sending them for you
to try.
What do I do?
Scanlon's given me
a dangerous-dog case.
Wonderful.
Did the dog get bail?
He isn't a very nice dog.
He didn't confess, did he?
According to his owner,
he gets panic attacks.
So?
I've got a clash.
Bow Street.
Less hassle, more money.
You better borrow
my roller skates.
And you need the money,
don't you?
Poor little doggie.
He gets a counsel who would melt
the heart of Judge Jeffries,
and she deserts him.
Oh, please.
I'll do anything for you.
Within reason.
All right.
Get on the Internet.
If Traxco can dig up dirt,
I want some on them.
CLEO: You're an inspector
in the British Transport Police,
and you were the first person
to interview the defendant
at the scene, is that right?
GREER: Yes.
Can you tell me
the possibilities you considered
to explain why the defendant
was distracted
and didn't see the red light?
I considered the possibility
he might have been using
his mobile phone.
What is the rule
about mobile phones?
GREER: Drivers are forbidden
to have personal mobile phones
in the cab.
It's one of the most important
rules in the book.
Did the defendant
have his phone?
GREER: No, but the records show
there was a call made from it
only two minutes
before the train departed.
And in his interviews,
what did he say about that?
At first, he said he thought
he'd lost it that morning.
And what did that suggest
to you?
Well, he wouldn't have much time
to lose it.
Two minutes before departure.
CLEO: And having made
further investigations
into the defendant's phone,
did you examine
cell mast records.
Yes, I traced 20 calls
from the defendant's mobile
before his period of duty
on the day of the accident.
That's a lot of calls.
Who was he phoning?
GREER: They were all
to his girlfriend's mobile.
Thank you.
I said tell me everything!
I never used the phone on the
train, so I never heard it ring.
So, what are you saying
It was in your bag
in breach of the rules?
Why wasn't it found?
Was it destroyed in the fire?
20 calls to Nicola, Mick,
before the journey started.
What was that all about?
It was all in my break times.
Bastards!
They are, and, at the moment,
they are winning.
Presuming that this phone
was inadvertently brought on
by the defendant,
do you have any evidence
that he used it in the cab?
GREER: I don't personally have
that evidence,
but we considered it
a possibility
that it may have been destroyed
by the fire in the cab.
HENRY: The phone was never found
in the cab,
and the defendant didn't have it
after the crash.
That's true.
I ask you again,
what makes you think
the mobile phone was in any way
related to the accident?
The defendant clearly
couldn't leave his phone alone.
He was negligent.
His whole demeanor was
How can you have
a negligent demeanor?
You didn't like him because
he was young and confused
and may have made a mistake
carrying his phone on.
GREER:
He broke a rule, and in my book,
if you break that rule
and a tragedy ensues,
you are grossly negligent.
Only if you can prove
it led directly to the accident.
No further questions.
The injured driver was sat
near me after the crash.
He was trying to make a call.
Why didn't you tell anybody
before?
Well, I suppose I took it in
without registering it.
I was in a daze.
I was holding my son's body.
But why remember now?
I made the connection in court
when they started talking
about mobile phones.
Are you sure
that's what you saw?
I'm absolutely certain.
You may be cross-examined.
That's what I saw.
BEN:
We need your help, Nicola.
I don't want to talk
about Michael Westlake,
thank you very much.
- Come on.
- BEN: Right.
Just wanted to know
if Mick was at your place
the night before the crash?
The police were interested
in that.
Would you be willing to appear
as a witness?
[Scoffs]
Maybe you could confirm he
wasn't at yours in a statement?
What else has he told you?
Cherie Blair's his sister?
He told me he didn't take
any calls from you on the train.
Isn't that right?
He told me he'd move in with us
five years ago.
I'm still waiting.
Look, Nicola, I can't make you
come to court,
but I would like to know
if he was with you that night.
Tell him he's on his own.
Come, babe.
Perhaps he'll understand
what it feels like.
Great.
Still taking an interest, then,
Dad?
How dare you slander me
in court?
Is it August the 12th?
Open season on me now?
Nothing personal.
Of course nobody wants
these train companies to fail.
It will cost billions of pounds
that'd come off granny's pension
and the NHS.
Grow up.
Is this about accountants
or real live people?
Do you know what
a 1,000-ton railway train does
when it smashes
into a human body?
You must have seen
a lot of forensic photographs
of other crashes
when you wrote that report.
Didn't you look at them?
Didn't they have any effect
on you?
Why did you go into the law?
If you wanted to use the courts
as a soap box,
you couldn't have
wanted to emulate me.
No, I wanted to annoy you.
You've bloody well succeeded.
Well, I might be
about to annoy you again.
I'm going to call you
as a witness.
You can't call me.
I think I can.
I'm a bloody Lord Justice
of Appeal.
And that's just what
I'm looking for.
CLEO: I know this will be
extremely painful for you.
Can you tell the court what
happened after the accident?
When they brought my son out,
he was still alive.
And I stayed with him and
I comforted him until he died.
There was another person
lying nearby.
He'd injured his leg, and he was
waiting for a stretcher.
CLEO:
Why did you notice him?
Well, it was absurd, really.
Because I was just numb
and I was staring at him.
And I noticed
that he had a mobile phone
and he was trying to use it.
I thought perhaps he might be
trying to call his wife.
CLEO: Can you explain
why it seemed absurd?
Well, he obviously
couldn't get through
because he just threw
the phone away,
into a field by the tracks.
Do you know who the man was?
I didn't at the time.
I thought he was just
another passenger like me.
But it was that man there.
CLEO:
The defendant?
Yes.
Mrs. Nicholson,
you say you saw the defendant
throw a mobile phone
into the long grass
by the crash site.
You do realize that no phone
belonging to the defendant
was ever recovered.
Do you think
you might have been mistaken?
No, that's what I saw.
Nobody can underestimate
the horror and the grief
you must have felt at that time,
but, surely,
you can't have been aware
of what was going on around you,
can you?
I'm even more sure now.
He threw his phone away.
Would it be fair to say that
the grief has hardly diminished
in the months
since your son's death?
Yes, that is true.
It must be hard to accept
that he died
and you lived
only a few feet away.
It is very.
You feel guilty and raw.
Yes.
HENRY: If anybody could take
that burden away,
it would be a huge relief
to you.
I don't honestly think
that's possible.
But if it was found
that your son's death
had been caused by negligence
or any kind of failing
on anyone's part,
that would be very hard for you
to forgive, wouldn't it?
At this time, yes.
HENRY:
No more questions.
Did you know
there's a bug in Australia
that actually has two names?
Some people call it
the spine-legged citrus weevil.
Others, dicky rice weevil.
Bet you didn't know that either.
Oh, yeah, Dad, I miss you,
and I'm very proud of you.
My lord, whilst we don't dispute
the defendant's hand was wedged
quite literally in the till,
we intend to bring
medical evidence
that shows the defendant suffers
from convulsive
metacarpal syndrome
where the arm spasmodically
jerks forward,
particularly when near
metal objects.
So, what's between you
and Nicola?
I thought she loved me.
In that case, why is she
threatening to be
a hostile witness?
Because she doesn't want me
to see Melanie
because I'm supposed to be
irresponsible.
I want to see them.
Why do they get like that?
Listen, my kid's mum
was so angry with me,
she took him to Australia.
If you think she cares about you
at all,
why don't you try and find out
what's winding her up?
[Indistinct conversation]
Okay, this isn't
what you expected,
but I was looking
through some background
trying to find you something,
anything,
and I discovered that Traxco
Trains were set up with capital
from a number of places,
but the principal one
was Kelsale Investments.
Loads of people
threw money around
when the railways
were privatized.
It was a feeding frenzy.
One of the directors
is Cleo's husband,
Baron Rupert Bergdorf Steyn.
I got this from old Gilford.
He's about your size.
You don't mind me
imposing upon you
about my marital difficulties,
do you, sir?
Has anyone said
Ray Scanlon's behaving odd?
No, but I still don't see
why you have to spend the night
away.
You're not the one having
the affair.
Is she having an affair?
Do you know this?
Sorry, the alleged affair.
Oh.
Well, I just thought if I stayed
away one night, she'd miss me.
How did she react?
She didn't mention it.
Nothing.
Just in a world of her own.
But you still think
that when she goes away,
she's not with her sister?
If she was up to anything,
her sister would cover for her,
anyway.
No worries.
Is she unhappy?
Why would she be unhappy?
What brings you here, Henry?
You want to make a deal already?
You haven't declared
an interest.
Your husband put money
into Traxco.
Maybe you told the judge,
and for some reason or other,
she decided it wasn't relevant.
I didn't know anything about it.
Anyway, it's not relevant.
I'm going to declare
your interest if you don't.
This is ridiculous. I don't know
a tenth of what he does.
Spare yourself the trouble
of making a fool of yourself,
because you are just about
to lose this case.
We've found the driver's phone.
HENRY:
My learned friend's husband
has raised venture capital
for Traxco,
and the company's interests
clearly align
with the prosecution.
If the driver
has committed a crime,
it gets them off the hook.
My learned friend
has a clear political agenda.
The last thing I want
is a retrial.
How did this come to light?
I came across it by accident.
JUDGE:
Did you?
CLEO:
It's irrelevant.
Why is it irrelevant Mrs. Steyn?
It's a private matter.
I'm afraid
not now I know about it.
I really didn't want to have
to talk about this.
Oh, come on.
My husband and I
are living apart.
I expect
very soon we'll be divorced.
I can safely say that
our interests don't coincide.
JUDGE:
I'm sorry to hear it.
I don't believe
that this will prejudice
the defendant getting
a fair trial.
If you have any objections,
make them now, Mr. Farmer.
I defer to your judgment.
Sorry.
I had no idea
you were actually divorcing.
Really.
I can go higher than you.
Well, Daddy's hurt his leg,
so
NICOLA:
Mel, put your scarf on.
Come on, babe.
Come on, sweetheart.
Slow down, sweetie.
Come on.
You're all over me
now I can get you out of a mess.
A mess?
I'm on trial for manslaughter,
Nicola.
You told me you was gonna be
all right.
No.
They want someone to blame,
and I'm the easiest.
Have you not been following it
on the news?
I hear what's being said.
I've got to get Melanie
to her aunt's. I'm late.
I'll just get involved all over,
and then
you'll let me down again.
How can you be so bitter?
I'm Mel's dad. I could go down
for a long time.
You'll still be acting
like a kid when you're 40.
I don't like being hard.
I've just got to think of her.
What were you up to that night?
I was exhausted.
I was sleeping in my bed.
So there's nothing to come out?
No.
No, no, look, they're just
trying to wind the jury up.
I know all about being wound up
from you.
Look, I'm just asking you
to tell the truth.
Don't send me down
because you're angry.
Mick, I told the police
a long time ago
you weren't in Reading
that night.
Being your supposed girlfriend,
they obviously chose
not to believe me.
I'll give your lawyer
a statement.
As long as there's nothing else
to come out.
No, there's nothing.
Whether I get off or not,
I'm gonna make it up to you
and Mel.
I swear.
I swear, all right?
Come on, babe, we've got to go.
Come on, sweetie.
Poppet, I love you.
See you soon.
CLEO: Superintendent,
can you tell the court
how you eventually found
the defendant's cellphone?
DEARLOVE: In the light
of the new evidence,
I decided to look at
any of the unclaimed property
from the accident.
And what did you discover?
We examined a mobile phone
which had been found
in long grass
a few yards away
from the accident site.
It had been improperly logged in
and wasn't in
the original inventory
because it was thought to belong
to a rescue worker.
It has turned out to belong
to the defendant.
CLEO: Were there any calls made
during the journey,
in the period leading up
to the accident?
DEARLOVE: There was one incoming
call during the journey.
CLEO:
Can you be specific?
The call began two minutes
before the accident.
CLEO:
And when did it finish?
DEARLOVE:
About 20 seconds before impact.
CLEO:
Thank you.
What are you saying?
Why did you throw your phone
away?
Look, I'm sorry.
I panicked.
And when everybody said it had
been destroyed in the fire,
I kept schtum.
Were you on the phone
in the cab?
Is that why you went through
the signal?
Whatever anybody says,
I never heard the call,
so it never distracted me.
Come on.
And the paper, sir.
That's £3, please.
My Uncle Ted's got an empty flat
in Holborn.
Now, I can't get the keys yet,
but it's got a Jacuzzi
and a fantastic view
of the Spaghetti House.
Is this Uncle Ted,
the dodgy share dealer?
It could be a real find.
There's no rent.
It's convenient to the courts.
There'll be a catch.
But thanks anyway.
Oh, dear, oh, dear.
It isn't for me.
We forgot our date again,
didn't we?
I'm in the middle
of a very big case.
Keep that money coming in.
I'm sorry to be
the bearer of bad news.
I'm afraid your creditors
have decided not to accept
the voluntary agreement.
Not very nice people,
bookmakers.
What does that mean?
How big is the big case?
Any chance of a windfall in the
order of a hundred thousand?
It's legal aid.
Bankruptcy is what it means.
I shall need full cooperation
and further disclosure
of your financial affairs.
And I would advise you to steer
clear of four-footed animals.
Quite right.
I really am sorry.
CLEO:
I feel completely humiliated.
Why didn't you tell me
before we got to the judge?
Because I was sure
she'd throw it out.
Look, do you know what it feels
like being a single woman
after 26 years of marriage?
It's not something
you want to advertise.
You feel like a failure
no matter whose fault it is.
I know.
I've been there, too.
I've managed to keep it
out of the press
and excluding people
in this office,
who've been very kind
and discrete,
nobody knew.
We close ranks.
Which is why nobody's gossiping
about your financial problems.
Now, apart from the odd
solicitor's clerk in Burnley,
the entire profession is going
to know my life's in a mess.
Here's another wig, sir.
Dandruff.
Not the best time to talk to you
about Denzil, then?
- Denzil?
- Denzil the dog.
I've done all the hard work.
I just want you to plead.
Why did I say I'd do this?
Because you're the nicest man
in chambers.
I want to be paid
for digging that dirt, too.
I'm bankrupt!
I'm heartless.
I'm just in the middle
of a big case.
Sorry.
You promised.
I've just said yes
to this other case,
and I'm getting a ton of money.
Please.
MAUREEN:
I don't know how to say this.
My wig's poisoned your rabbit,
and you're going to sue me.
No.
I just couldn't say no.
Your wayward daughter's
coming to visit.
She was going to stay
in a hotel,
but she hasn't got a bean.
It's not right away.
You will have time.
Oh, don't worry,
I'm looking around,
and Ben's come up
with somewhere.
I thought I might take you
for a curry.
No, I'm sorted tonight, thanks.
And don't worry.
GEE:
Let's make it a hundred.
No, I'm out.
- Oh, blast.
- I fold.
How much you got?
Call.
[Chuckling]
I hope you never defend me,
Henry.
I don't gamble in court.
Have a good morning, Henry.
See you next week.
Hello.
Hello, Denzil.
You can't let them kill him.
My youngest has stopped eating.
Well, it's a silver-tongue job
because, unfortunately,
Mr. Justice Campion
is president of the Persian Cat
Breeders Association.
It's tough luck,
but these things happen.
Sorry about the crown jewels,
Denzil.
Better safe than dead.
WOMAN: See, the thing was
you moved too quickly.
HENRY: I draw your attention
to paragraph 1A of the 1997 Act,
which states that nothing shall
require the destruction of a dog
if the court is satisfied
that the dog would
not constitute a danger
to public safety if
If what, Mr. Farmer?
If it were neutered.
I draw the court's attention
to the veterinary surgeon's
report of the operation
which was carried out last week.
Could you hand it up, please?
Do you mind taking your hand
out of your pocket, Mr. Farmer?
I see you have a wound.
I cut myself in the canteen.
Yes. We will stay the
destruction order for six months
and reassess.
And, Mr. Farmer,
your wig is a disgrace
at the back.
I'll do you a deal.
No deal.
If you call me, I'll be forced
to tell the court
that Traxco
are a company beyond reproach.
And being who I am,
I'll get away with it
and you'll look like a prat.
And you'll look like a liar.
However, you could do worse
than contact the Chronobiology
Department at York University.
Bit of a long shot
now that your client appears to
be so reckless with his mobile.
What have you done
with your hand?
Never make jokes about a dog
when he's had his balls cut off.
Deal, then?
There's a disgruntled
ex-board member at Traxco, too,
who might give you
some interesting papers.
Are you trying to help me?
To not make you look like
a fool.
Thank you.
But I'm still going to call you.
I do not approve of
distinguished high court judges
being dragged in like this.
You can't refuse
a witness summons.
I'm very tempted to.
I mean, he's your father
for heaven's sake.
I don't like doing this.
Ha!
Well, don't do it again.
And don't take on
important cases like this,
not until you're in silk.
You may be swimming
out of your depth.
HENRY: Can you tell the court
who you are?
Yes.
I'm Sir Marshall Gillespie,
a Lord Justice of Appeal.
Did you chair a public inquiry
and write a report two years ago
that dealt with safety
on the railways?
I did.
Do you remember examining
a study on driver fatigue
by the Chronobiology Department
at York University?
If you say I did,
I must have done.
HENRY:
May I remind you the defendant
is accused of killing
nine people.
Are you cross-examining me?
HENRY:
The study is called
"Driver Fatigue
and Working Hours:
Risk Assessment for Traxco Rail.
January 2003."
Did you call the writers
of this report
to give evidence
at your inquiry?
No, I did not.
HENRY:
Can you tell the court why?
GILLESPIE: The report
was written for Traxco,
who were not one of
the companies involved
in the two previous accidents.
And was that why you didn't call
the authors?
It was felt that Traxco
were a rogue company
who wouldn't get a franchise
next time round.
Did they get a franchise?
I believe they did.
What did you feel about
the study on driver fatigue?
It made some telling points
about the stress
train drivers were under,
but, in the event,
the government wanted to limit
the scope of the inquiry,
and time was short
and that was why I didn't call
the authors of the report.
Do you know what happened
to the report?
No.
I hope Traxco implemented
its findings.
Why do you say that you hope
Traxco implemented
the findings of the study?
GILLESPIE:
The report clearly said,
if I remember correctly,
that Traxco was
a more aggressive management
than others in the industry.
Their drivers
were worked too hard,
and this compromised safety.
HENRY: What would it mean if
the report wasn't implemented?
Given the tenor of the report,
in the event of loss of life
in an accident
due to driver fatigue,
anyone in Traxco
who made an executive decision
to ignore the study
would, to my mind,
risk committing a crime.
Thank you.
Thank you.
[Door opens]
MICK:
Your old man's sorted it.
He's turned Traxco over.
Yeah, but the jury still think
you could have been messing
with your phone.
MICK:
Well, you tell them I wasn't.
Look, I know you like playing
Jack the Lad most of the time
just to keep your spirits up,
but there are other people's
lives at stake
in accidents
that haven't even happened yet.
It isn't just about you.
Yes, it is about me.
And you're supposed to give me
the best defense possible.
Yeah, and I'm trying to,
but you're not helping.
Oh, you don't give a toss
about me.
Otherwise, you'd get behind me.
You just said it.
You're after Traxco
and the people who run it.
No, I'd like to get the people
who ruined the railways,
but you can't have everything.
Are you going to believe me
or not?
Okay, read my lips.
I did not hear that phone.
Okay.
How the hell
am I going to prove it?
I still can't believe
you said all that.
Thanks.
Honestly.
I hope you're satisfied.
I presume this means
the government don't mind
seeing Traxco swing.
Do you think I'm
some kind of judicial puppet?
Had it ever crossed your mind
that I might have gone back
to look at the facts,
to try to put right a wrong?
[Knock on door]
Good evening, Lord Justice.
How's your pussy?
Oh, she's a fine cat.
My cleaner complains
about the hair.
Had young Farmer in court.
He had me in court.
Looked a complete shambles.
I had to tell him off
about keeping his hands
in his pockets.
Who the hell do you
think you are, Campion?
Why shouldn't he put his hands
in his pockets?
No problem.
He did a good job
for his client.
Of course he did.
You started work at 6:00.
When did you get up?
About 3:00ish.
I traveled from my flat
in Walthamstow to the depot.
So, how were you feeling
on that morning?
Of course you don't want to say
that you're tired,
but you don't get off to sleep
before you have to
wake up again.
I'd done seven days of that.
They wouldn't do it to a pilot.
HENRY: If Traxco Trains wanted
you to work certain hours,
legally can you object?
Yes.
But in practice you don't.
HENRY: What happens
if you ask for relief?
MICK:
They mark your cards.
HENRY:
Are you the sort of person
who often says you're tired?
MICK: No.
I never want to say I'm tired.
Work's supposed to be good
for everybody, isn't it?
You bring money home
for the family,
the shareholders get rich,
the companies put on
more trains,
and the public are happy,
aren't they?
That's the theory.
But people like me are stupid,
and we work too hard.
HENRY: So, when you undertook
that journey,
how did you feel
about driving the train?
I felt fine when I started out.
Only when you started out?
After about 20 minutes or so,
I started to struggle.
The air-con wasn't coping.
It was cloudy and windy,
but in the summer
with no air-con,
the cab still gets like an oven.
Did you consciously do anything
to put your passengers' lives
at risk?
No, I never saw the red.
And then you end up
seeing things
that you shouldn't ever see.
People saying
that it's your fault.
HENRY:
Why didn't you see the red?
I was tired.
I was tired.
I must have nodded off.
[Spectators murmuring]
Were you aware
of anything at all?
No.
I wouldn't have heard a phone
if it was ringing.
Have you admitted to anyone
before about nodding off?
No.
I hadn't even admitted it
to myself.
CLEO: You made 20 calls
to your girlfriend
in the hour
before you went on duty.
20 calls in an hour
without a reply from her.
Do you honestly expect
the jury to believe
that when she replied,
you ignored it?
I didn't hear it.
CLEO:
The phone was on.
You were desperate
to speak to her.
Why were you desperate
to speak to her?
Because my little girl
had suspected meningitis.
Yes.
Let me play the court the
message she left on your phone.
NICOLA:
[Sniffles, cries]
If you care so much about her,
why don't you come
and see us more often?
Phoning all the time's no good,
Mick.
I took her to the hospital,
and they say she's gonna be
all right.
It's a virus.
It's scarlet fever, and all
she needs is antibiotics, okay?
It's not a message
that's easy to ignore, is it?
That's why I broke the rules
and took it with me.
I only found out that morning.
I hadn't seen her for a week,
and I was frantic.
CLEO:
How could you have ignored it?
I would have answered it.
Like a shot.
It's only human.
I would have done,
but I never heard the phone.
Didn't you think about phoning
Nicola after the crash
to say you were all right?
I tried.
I couldn't get a signal.
But there is
a full signal there.
I don't know.
I thought it was something to do
with the crash.
Could you hear mobiles ringing?
Yeah. How can I forget?
There were so many
not being answered.
Do you remember
when Mick asked to borrow
my phone at that memorial?
He said it had no credit left.
Well, actually,
I did have some left.
When I got back to the chambers,
I remember thinking,
pathetic, really,
but I remember thinking,
"Great, I've got two quid left."
I hope you don't think
this sounds too cheeky,
but I heard you were looking
for somewhere
till you find a new place.
Well, I'm not at home
most of the time
because I'm at my boyfriend's,
so you'd be kind of doing me
a favor.
Like a kind of guard dog.
Yeah.
It's a big spare room.
Clean towels, nice view.
Well, it sounds like
just what I'm looking for.
How much?
Well, you've already paid
the first three months' rent.
Denzil.
Well, I know someone
who'll approve of that.
Night.
I've unearthed some large
regular payments to Australia.
Internet betting firm in Sydney?
They're for my boy, Zak.
You're supposed to tell us
about any court orders.
It's not a court order.
It's voluntary.
Oh, well, good.
A quick way
to reduce the burden.
I'm not stopping my son's money.
Is your ex-wife single?
No.
That's not the point.
It's Zak's money.
It goes into a trust.
Did his mother ask you to?
No.
I'm not ripping off my son.
If you don't comply, I shall
have to report you to the court
and to the Professional Conduct
Committee of the Bar Council.
- [Beep]
- A small favor?
Could I possibly borrow
your phone?
I have to tell my wife
I'll be late for dinner.
What's wrong with yours?
It doesn't like the wind.
You don't get a service
if there's an "R" in the month
either.
Bloody cheap phones.
You recommended this to me
to save money.
In the light of my highly expert
witness's remarks
about working conditions
for drivers,
I would like to recall and
cross-examine Robin Cazalet.
My honorable friend
has already had the chance
to cross-examine him thoroughly
and didn't take it.
In the light of Sir Marshall
Gillespie's evidence,
I can't refuse, Mrs. Steyn.
But I am doubtful, Mr. Farmer.
MAUREEN: Henry!
It's a present from me.
It's your size.
- Eh?
- Yeah.
- Thanks.
- Oh, it's nothing.
Thanks for giving me a bed.
You're a diamond.
Oh, anytime.
I'm sorry
I had to throw you out.
That's all right.
It's sorted.
- Who is it?
- Just a friend.
What's the weather like?
Depressing.
I'll be in touch.
Your client's going to jail.
HENRY: Are you a railway man,
Mr. Cazalet?
Of course.
I love the railways.
You've just accepted a new job
as Chief Executive
of Coststretcher,
the supermarket chain, right?
That is right.
While you were at Traxco,
you commissioned
a risk assessment
into the effects of working
hours on driver fatigue.
Yes, we did.
Which was upbeat and positive.
And which replaced
the risk assessment
you commissioned two years
before and rejected.
It was based on inadequate data.
We have heard it's a highly
detailed academic report.
Well, I'm sorry, but I felt it
was very inaccurate and unfair.
HENRY: Was that why you
recommended to the Traxco board
that by implementing the
findings of the first report,
thereby reducing driver fatigue,
they would destroy
Traxco's profits?
I'm sure
I didn't put it like that.
I have the minutes here.
Did you further recommend
to the board
that cutbacks could be made
by reducing the turnaround time
for minor technical problems
like air-conditioning?
[Spectators murmuring]
I have the minutes here.
I think it's outrageous
I have to be subjected to this.
I'm afraid you must answer
the question.
I did recommend we make savings,
yes.
Who doesn't these days?
You made two recommendations
that last year led to the deaths
of nine people.
You had a driver who was in
many ways the perfect employee.
Never late,
worked all the hours he could,
and, finally,
was too frightened
of the management
to report that
he couldn't go on anymore,
and was then asked to drive
a train in temperatures
that were estimated
at 100 degrees.
What do you say to that?
How many people die on the roads
because there's
an accident black spot
or because the council
can't afford a by-pass?
Do they sack the councilors?
Do they get vilified in public,
their children spat at
at school, hmm?
HENRY: But people can take
responsibility
for their own safety
on the roads, can't they?
On the trains, they're helpless.
They rely on you to look out
for them, don't they?
Because you're the top man,
aren't you?
The only 100% safe railway
is one that doesn't run.
[Spectators murmuring]
Thank you, Mr. Cazalet.
[Cellphone beeping]
JUDGE: Will somebody
switch that phone off?
Who does it belong to?
It's mine, my lady.
Then you can pay £25 to
the Barrister's Benevolent fund
and switch it off.
I will do that,
and I apologize, my lady.
I've received a text message.
The court isn't interested
in what you've just received.
In fact,
I might be able to clear up
the matter
of the mobile-phone signal
once and for all,
if the court would be prepared
to indulge me.
The documents show
research commissioned
by the makers of the defendant's
mobile, Margettson Ltd.,
which, as it happens,
is the same make as my own.
You will note
all the relevant passages
which relate to their
phone's poor reception
when certain exposed phone masts
are affected by high winds.
At the time and in the area
of the accident,
the wind was blowing
southwesterly force seven,
gusting force eight.
Gale force conditions
similar to this afternoon
when our tests with
a mobile-phone expert were done.
His report confirms
there is a strong likelihood
there was no reception
on the defendant's phone
within five miles
of the accident site
on the day of the accident,
that his phone was,
to all intents and purposes,
switched off.
CLERK:
On the count of manslaughter,
guilty or not guilty?
Not guilty.
[Spectators murmuring]
CLERK: And is that the verdict
of you all?
MAN:
It is.
JUDGE:
In my opinion, Mr. Westlake,
I am satisfied
that no reasonable person
could blame you as an individual
for this accident.
You can walk away
from this court
with your head held up high.
There are others who may feel
they were extremely lucky not to
have been tried in your place.
It is my strong personal feeling
that it is
in the public interest
that the law of corporate
manslaughter is reformed.
I must complement those people
who are trying to do something
about it.
MILLIE:
I just heard you won.
Fantastic.
Spare keys.
Oh.
Fancy a drink?
Already booked.
The bloke's birthday.
I'll see you later at the flat.
Some people have all the luck.
[Laughter,
indistinct conversation]
Thank you.
Thanks for everything.
MELANIE:
Daddy!
Hello, poppet.
I had to direct my anger
at someone.
It seems I got the wrong person.
I'm sorry.
Are you all right?
Not too great.
Fancy a drink?
CLEO:
That'd be nice.
I'm sorry about you
and the Baron.
Well, it gets worse.
My children have decided
to take their father's side.
HENRY: Why?
My career.
Didn't pay Daddy
enough attention.
And they don't want him
to disinherit them.
What are you going to do?
I'm going to divorce him
to within an inch of his life.
I can't buy you a drink because
I don't have any money.
[Laughs]
Oh, it's on me.
Never let it be said
you're a bad loser.
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