Kavanagh QC (1995) s02e03 Episode Script
The Burning Deck
1 Goodbye, love.
(Whistles) This is a warrant, by Admiral Sir Richard Catesby, Knight Commander of the Bath, Admiral in Her Majesty's Fleet, Flag Officer Port Solent Whereas Lt Commander Hugh Mills, Banister Royal Navy, of the Staff of the Flag Officer Port Sotent has transmitted to me a letter alleging the misconduct of Lt Ralph Edmund Gordon Kinross, Royal Navy, of Her Majesty's Ship Merlin and Marine Engineering Mechanic Mechanical 1st Class Patrick William Jones, (door opens) Service Number D677329F, of Her Majesty's Ship Merlin.
I do hereby, in exercise of the powers conferred on me, order a court martial to be held for the trial of the said Ralph Kinross and Patrick Jones.
Time to go.
You'll be fine.
Don't worry.
Yes.
Thank you.
CATESBY1 You are to assemble the court martial on shore at HMS Hawke at 0930 on 5th September, or as soon afterwards as circumstances allow.
TREDINNICK: March in the accused.
Aye-aye, sir.
- March in the accused.
- Accused, quick march.
Salute.
Sir, the prosecutor is Lt Commander Hugh Mills, Barrister Royal Navy.
Good morning, sir.
Mr James Kavanagh, Queen's Counsel, is the Accused's Friend for Lt Kinross - Good morning, sir.
- Good morning.
Miss Eleanor Harker, Queen's Counsel, is the Accused's Friend for MEM Jones.
- Good morning, sir.
- Good morning.
The Clerk of the Court will now read the warrant assembling this court.
CLERK".
This is a warrant, by Admiral Sir Richard Catesby, Knight Commander of the Bath, Admiral in Her Majesty's Fleet, Flag Officer Port Solent .
.
Now, as God is my judge, Peter, I promise you, in the family way, and if the bush telegraph is to be believed, put in that condition by a be-dreadlocked, ganja-dealing - Hello, Alex.
- Peter.
Morning.
Client she defended.
And so, farewell then, Bunty "bury me in a Y-shaped coffin" Heyhoe.
There you are.
If God had wanted women to practise at the Bar JULIA: Morning, chaps.
- James in? - First day of the court martial.
The arson.
Arson? Oh, this Vice-Admiral Kinross's son? Got a feeling that might still be a capital offence, you know, setting fire to Her Majesty's dockyards I think you'll find gibbets went in the last defence round, along with yardarms - highest, and baccy - rough shag.
I shall miss dear old Bunty.
Ah, well.
The joy of contracting with persons of unsound mind awaits me in Southwark.
Jules.
Call first thing from David.
Wants to know if you're still on for lunch.
- Oh, great.
- David David The boy cricketer from last summer? - Still seeing him, are you? - Yes.
Want to see the video? That you, the accused, without lawful excuse, damaged by fire an accommodation block belonging to the Ministry of Defence, Navy, intending to damage the property, or being reckless as to whether property would be damaged and being reckless as to whether life would thereby be endangered.
Lt Kinross, how say you, are you guilty or not guilty? Not guilty, sir.
Can I help you, madam? I was looking for something.
For yourself? On 7th July last, at approximately 2030, local emergency services were called to HMS Hawke to deal with a fire in Accommodation Block Hood.
Thankfully, there were no casualties, most of the men quartered in the block being absent on a regular run ashore.
As it was, the fire gutted much of the 7th floor, causing damage to property in excess of £50,000.
The resulting inquiry revealed that the fire originated in a bunk on the 7th floor, assigned to MEM O'Brien.
The accused doused O'Brien's bedding with an accelerant, namely lighter fuel, which they then ignited.
The can which held the fuel was later recovered from a ground-floor gash chute.
When examined, it was found to bear Jones's fingerprints.
Also, an engraved silver cigarette lighter, identified as belonging to Lt Kinross was found on the 7th-floor fire escape landing.
That, too, in addition to Lt Kinross's fingerprints, bore those of MEM Jones.
Lt Kinross was seen emerging from the ground-floor fire exit at about 2025 by Chief MEM Evans.
Now, in the opinion of the Fire investigation Unit who examined the scene, by 2030, when Jones raised the alarm, the fire had already been burning for upwards of 20 minutes.
Sir, it is perhaps unusual to find an officer and a rating co-defendants on such a charge.
However, the association between Lt Kinross and MEM Jones predates by a good many years their meeting on board HMS Merlin.
They had been boon companions as children, their families both coming from Hexham Indeed, Jones' mother had served the Kinross family, in a catering capacity, on numerous social occasions.
Now, last September, Jones lent a sum of money, £300, to MEM O'Brien.
You might think, sir, that Jones would have done well to take Polonius' advice, that he should "neither a borrower nor a lender be, for loan for a loan" "oft loses both itself and friend and borrowing dulls the edge of husbandry.
" MILLS: Yes.
Indeed.
The debt soon became a source of friction between Jones and O'Brien.
Friction turned to hatred, open hostility, and eventually, violence.
Hoping, no doubt, to frighten O'Brien into repaying the loan, Jones sought to involve Lt Kinross in the matter.
In this dispute, Lt Kinross put friendship before duty at every turn, a decision which so weakened the position of Merlin's officers that the Commanding Officer, Commander Pilgrim, was left with no choice but to have him landed from his ship.
No, no it's for two.
Yes, I'm sorry, I'm still here.
Yes.
It's Smith.
Elizabeth Smith.
Mrs.
Oh, and Mr Smith, of course.
HARKER: Why is it, do you think, the defendants chose civilian counsel? DRISCOLL: Well, that you would need to ask your client.
But some men don't feel one of their own would be impartial.
An erroneous view, nevertheless Lt Commander Mills could hardly be described as one of .
Jones's own.
Jones is a rating, isn't he? So was Lt Commander Mills.
Golly, weren't you? Electronic Warfare Rating.
Indeed, sir.
Until my eyes started to go.
DRISCOLL: Too long in the gloom room.
Hopped over into the White Mafia, the er Supply and Secretariat Branch, and thence to us.
By way of the Bar, sir.
So, you see, Miss Harker, however class bound you might perceive the service, talent will out.
Do you know Portsmouth at all, Mr Kavanagh? No.
No.
I've meant to come down often, but If they can have civilian counsel, why can't they have a proper judge and jury'? Eleanor This was an offence committed by MOD personnel against MOD property.
I think you'll find the court's martial as fair as any civilian court.
Ah, Miss Harker, I believe you're the trout.
Marry you? You do love me? Of course I do, but marriage? Look, babe, why don't we co-habit for a trial period? Six months or so? See how it goes and What? My FO posting came through.
- Where? - Nairobi.
- Three years.
- When do you go? In a month.
Long enough to get the banns read.
What? I I don't believe this.
You know full well you're off to Happy bloody Valley in a month's time - and you've got the cheek to ask me - I know it's short notice, Julia.
That is not a proposal, it's a game of Beat The Clock.
You expect me to drop everything and follow you halfway around the world just like that? I've got a career, you know.
- I've worked damn hard to get - They have barristers in Kenya.
I know.
Julia Impressive, isn't it? That's the HMS Jervis Bay.
She was a light-armed merchantman called to duty in the Second World War.
5th November 1940, she was escorting a convoy of some 30-odd merchant ships in the mid-Aflantic It was late afternoon, no warning, the German pocket battleship Admiral Scheer appeared.
Out-gunned, out-ranged, and in the full knowledge he was facing certain death, without hesitation, her captain turned Jervis Bay towards the Scheer and engaged her.
And did he win? He fought for half an hour, but she was sunk beneath him.
He wasn't among the survivors.
Captain Edward Fogeny Fegen.
RN VC.
Posthumously awarded.
Yes.
So much easier to deride heroism in peacetime, isn't it? Liberty's cheap when somebody else pays the soot.
That half an hour bought by the Jervis Bay gave the convoy time to scatter, Mr Kavanagh.
Captain Fegen's selflessness saved innumerable lives that day.
It's Boy's Own stuff, no question.
This boy's own, certainly.
- Bit nervous, lad? - A bit, Chief, yeah.
There's no need to be.
You've done nothing wrong, have you? We know who torched the bunk.
All right.
Put it out.
Put it out.
- Sir.
- Chief Evans, I'm sorry to keep you waiting.
Ah, mills of God, sir.
Mills of God.
I don't think we'll get to you today.
Tomorrow without fail, I promise.
Mr Kavanagh? Hello, I'm Helen.
Ralph's sister.
Yes, of course.
How do you do? Could be better.
My My father's not even admitting the possibility, and Rafie won't say, but if things don't work out I mean, could he go to prison? Please, I just want someone to be honest with me.
Yes, he could go to prison.
It's a very serious offence he's charged with.
But that's not going to happen.
Helen.
- Thank you.
- Someone I want you to meet.
You all right? You put a few away at lunch.
I don't think that's any of your business, is it? I offered to repay what I owed in instalments, but Jonesy wanted it all back in one go.
Things got bad between us.
Well, he put it about that I was a welcher.
MILLS: And what did you do? I went and had a word with Chief Evans, get it sorted.
You don't need that son of grief below decks, sir.
What did Chief Evans say? He got us together and laid it out for Jones.
Said I couldn't pay it all back in one go, and that he would just have to accept it.
Next thing I know, I get a visit from Lt Kinross.
Jonesy had been to see him, put his side of the saga.
- How usual was that? - Well, it wasn't.
What did Lt Kinross say when he came to see you? He said Jones had told him that the lads had, like, been giving him a hard time.
In what way? Well, Jones hadn't got his shake for the middle watch a couple of times, so he, being late, he got his knuckles rapped.
He thought he'd been left to oversleep so he would get into trouble.
And how close was that to the truth, as far as you were aware? If it was meant, then, you know that was something beyond my control.
Lt Kinross had also spoken to the other hands and asked them to leave Jones alone.
And what did the other hands feel about that? Well, the standard "were they at it, or weren't they?" sort of thing.
- Yes, I see.
- Well, you know, it was just the lads being But I mean, seriously, if there was any sympathy for Jones, that was it.
- How do you mean'? - Well, he got some stick.
No more than he deserved, but Well, there was a few practical jokes.
Sending him around the ship on false errands and such like.
MILLS: What was Jones' response to the practical jokes? Well, he went manking to Lt Kinross, as per.
The Lieutenant came to visit me again.
He warned me that I was standing into danger, and if it continued, he'd bring in the Jess.
And what did you say? I'd already told the lads that enough was enough, but by that time, it was all going ahead under its own steam.
The boys resented Jonesy giving himself airs.
Airs? A bit of a CW candidate, you know? Always took a lot of trouble with his appearance and that.
His rig.
So, someone went off to the heads with his steaming bats and er crimped off a length in 'em.
DRISCOLL: Mr Kavanagh? Sir, I'm finding the evidence of this witness somewhat difficult to follow.
Bring in the Joss? CW candidate? Steaming bats? Crimped off a length? DRISCOLL: Yes, of course.
The Joss, or Jossman is the Master-At-Arms A CW candidate is our term for a rating thought to have officer potential.
Steaming bats are heavy naval boots and to crimp off a length is to void.
I'm obliged.
How did Jones react to this latest practical joke? He lost the bubble, didn't he? He came into the galley accusing me of doing it.
Ended up with a bit of a set-to.
What was the outcome of that? We were both up before Commander Pilgrim on defaulters.
He gave us a warrant fine and ten days number nines.
How did you feel about that? - Ah, well, that's life in a blue suit, sir.
- And Jones? All he could see was that, with the warrant fine, his VG conduct had gone for a Burton.
He said he would son me out next time we was alongside.
MILLS: How seriously did you take his threat? Oh, very.
I mean you know, if it was going to be a dust-up, I knew I could handle myself, but someone like Jonesy don't come at you head on.
You know what I mean? Setting fire to your bunk.
That's pretty snide, ain't it? Still, it could've been worse.
In what way? Well, I could have been in it.
(Whistle) Hold it! Ah, couldn't you have waited a few seconds? - It's not my fault, mate.
- You were only obeying orders.
There'll be another one along.
(Steam hisses) Sorry.
It's all right.
What is it? What's the matter? - It's Neil.
- Your Neil? Not any more.
Not my Neil.
Her Neil.
Sorry.
I swore I wouldn't There's someone else.
He left.
Last night.
He left me.
But I mean just out of the blue? No.
It's been the past year.
Do you know how old she is? When we were saying cheese outside bloody Chelsea Registry, she was eight! Maybe it's a {don't know, a mid-life thing a crisis.
You read Cosmo.
Men have them.
You didn't.
You think the thought never crossed my mind? (Keys jangle) (Door closes) Champagne, I think.
HARKER: Now, prior to your falling out over the money, you and MEM Jones had been on good terms? Well Good enough terms for him to lend you £300, at least? Yeah, I suppose so.
Subsequent to the incident involving his boots, and the fight which followed, MEM Jones came to make his peace with you.
He came to see me, yeah.
He told you he'd found out who the culprit was and that he knew you weren't to blame.
Yeah.
He apologised and you shook hands.
- Yeah.
- And that would have been when? - Early April? - About that.
So, by the time you returned to port in early May, you had, in fact, made up your differences.
I wouldn't say we'd made up, as such.
The money was still a problem.
After what had gone on, I didn't trust him.
But, as far as you were aware, the practical jokes stopped then, did they? When he apologised.
- Yeah.
- Yes.
What exactly did you lose as a result of the fire at Accommodation Block Hood, MEM O'Brien? Some personal stuff.
Some pictures of my lad, which I can't replace.
Letters That sort of stuff means a lot when you're away for six months at a stretch.
But nothing of great financial value? Well, it wasn't about money, was it? It was about him getting me back for losing his VG conduct.
The truth is, you know, that MEM Jones could have chosen any one of 100 better ways to extract his revenge if that was his wish.
But, as far as he was concerned, the vendetta was over.
You don't know what was going on in his head any more than me.
His fingerprints were on the lighter and fuel can.
No amount of arguing will change that.
- He had it in for me.
- But MEM Jones tried to contain the fire.
Sir.
Not the actions of a man who âhad it in for youâ.
Sir, this witness can't say whether MEM Jones tried to contain the fire.
No more than he can say he started it.
No, it's accepted that Jones raised the alarm, Miss Harker, but what action he did or didn't take with regard to dealing with the fire is anyone's guess.
ALEX".
Have you talked to Peter? He'll implode.
It was only Jim's lobbying that got me into River Court in the first place.
Peter gave me five years, tops.
You're past that.
Not by much.
If I throw in the towel now, I'll put back the cause in River Court 20 years.
But if you love him Yes.
That's the rub.
(Phone rings) Hello? (Mouths) OK.
Look, David, I asked you not to call.
Right? I'm sorry.
Sorry.
(Door rattles) - Julia, I was wondering - Not now, Jeremy.
Go away.
- Is something the matter? - Go away.
You're all bastards.
- I'm not.
- Go away and leave me alone, right? I wouldn't go in there, if I were you, she's a bit umpty.
Got painters in, I expect.
We didn't think your trip down would be complete without a quick tour.
No.
It's fantastic.
And she still flies the White Ensign? The flagship of the Royal Navy, Mr Kavanagh.
Never been decommissioned.
What going to war in one of these must've been like, by God Yes.
There's been a few changes since Lord Nelson's day.
But not so many as you'd notice.
We have our traditions, like any long-established organisation.
But we no longer pressgang, or keelhaul.
And the ladies, of course, sir.
At sea.
Yes.
The monstrous regiment marches ever on.
You disapprove? I can appreciate a well-turned calf as much as the next man.
Oh, God.
What you must understand, Miss Harker, is that unfortunately, in many cases, the next man is not possessed of my self-restraint.
And it's not just the men, either.
- Sex is a powerful instinct.
- Really? Anything which adversely affects the morale and fighting efficiency of a ship cannot be condoned, let alone encouraged.
Yes.
Well, I think perhaps we should be getting back.
- Thanks - No.
No.
All work and no play Yes.
It was most enlightening.
KAVANAGH: In the "remarks" section of your Divisional Officer's report from last year, Lieutenant Kinross wrote, "Chief Evans runs his section of the Marine Engineering Department as his own personal fiefdom.
Indeed, it is difficult to find any part of the ship into which his influence does not reach.
Any rating who questions the more eccentric aspects of his regime is bullied into compliance or ostracised by his shipmates, fearful of Chief Evans's displeasure.
â Under Naval Regulations, when will your eligibility for the rank of Warrant Officer be considered again? That was my last assessment.
If you had been promoted, your service would have been extended by five or ten years, wouldn't it? Yes, sir.
And achieving the highest rank to which a rating may aspire would have brought financial rewards, an increased pension and so forth'? It would, yes.
And damaged your financial prospects, just like that, with the stroke of his pen.
Well, they do say it's mightier than the sword, sir.
And you're asking the court to accept that you felt no bitterness towards him? Well, I felt a bit slighted.
Merlin being the first time he'd put to sea on active duty.
But in the best tradition of the service, I thought a few words to the wiser would make things a little bit easier for him.
None of us are that clever that we can't benefit from good and well-meant advice.
Indeed.
And was this a reciprocal arrangement, or was it a case of an old sea dog and new tricks? On the night we're concerned with, there was some sort of entertainment in town.
There was a run ashore, sir, yes.
The men were already ashore, weren't they? Well, not in Naval terms, sir.
This base, although on dry land, is still one of Her Majesty's ships.
Once through the perimeter, it is classed as going ashore.
Indeed.
Indeed.
That is the correct Naval term.
KAVANAGH: Yes.
Thank you.
You didn't go.
Why was that? Well, I told my wife I'd be home to watch a television programme with her, sir.
Yes.
It was somewhat fortuitous that you happened to be passing Accommodation Block Hood just as Lt Kinross emerged from the fire escape, wasn't it? It wasn't fortune, it was geography.
Hood's on my way from the chief's mess to the gates.
What is this? Are you trying to say that I didn't see him? I'm suggesting that you could've been mistaken about the time.
No.
It wasn't somewhat closer to 2000 hours? Before the fire was started.
Say, 20:05? No.
The fact is, the statement you made as to the time you saw Lt Kinross leave the accommodation block was nothing more than a case of wish fulfilment.
What do you mean? Well, here was a young man you had tried to take under your wing, who had repaid your generosity of spirit with a stab in the back, who had cast a blight on your professional and personal life.
Are you honestly telling the court, in light of all that, you were not guilty of warming the bell? Warming the bell? I believe that's the correct Naval term for the artificial acceleration of time.
Heating the bell of an hourglass causes the sand to run through at an increased rate.
That's right, isn't it? It is, sir.
However, my timepiece is Swiss.
The truth is that you saw Lt Kinross come out of that accommodation block before, rather than after, the tire was started.
No, sir.
The Divisional Officer's report, in which Lt Kinross condemned your way of dealing with the ratings.
Would Lt Kinross's signature alone be sufficient for that report to go forward, or would his assessment need to be agreed and countersigned by his superior officer? He would have needed to countersign it, sir.
His findings were upheld, then? No further questions.
- What's this? - Fire outside Petersfield.
Yeah.
11 o'clock tonight at the earliest.
If at all.
I'm going to stay down here.
Can you tell Mum I'm sorry? Matt? Yeah, I've got it.
Problem with the train, you won't be back.
Sure.
- (mouths) - Kate wants a word.
You're not coming back? What about tomorrow? Tomorrow's Thursday.
All right.
You'll definitely be back? Yeah.
Love you, too.
He'll be back.
Apparently, there's some conference on, but he says he knows a good hotel.
(Ship's horn blasts) (Knock at door) All this and heaven, too.
You should see mine.
At least you've got a view.
That, my dear, is not a view.
What do you expect from a Portsmouth B&B window? Shall we eat out? No, thanks.
What is it about the seaside? It's hardly the seaside.
No.
You know what I mean, though.
Island race.
The first time I saw the sea was at Formby.
I went with my mum, my dad, and my brother Grahame.
Never seen imagined anything could be so vast.
I must have been about eight or nine.
Sod it.
- Jeremy thingy.
- Alderman? Yeah.
- Where's Dad? - Staying down.
- A problemo with El traino.
- Oh, I see.
Back tomorrow, though.
Right.
KAVANAGH: Is this an old habit, or a new one? It helps.
Does it help MEM Jones? Lock him up and throw away the key for all I care.
You don't mean that.
No.
- Do you think they did it? - I don't think mine did, no.
Thanks.
Excuse the glass.
Help's night off.
What a waste.
16 years.
I wanted kids, you know.
- No, I didn't.
- It was Neil.
"When we've moved.
" "When I've got the business up and running.
" I was working, I suppose, but It's not too late.
That's very sweet.
Who'd have me now? Look at me.
Bleary-eyed old baggage.
Half a cat, half a mortgage, half a life.
Still, I've got more to offer a chap than that tan.
Attagirl.
I've seen her.
You know.
Well, all I can say, my dear, is that if he's happy to trade wit, warmth and companionship for that round-heeled little scrubber with bad skin and the conversation of Forrest Gump, good luck to him.
I think you're going to be OK.
Am I? Yeah.
Well, thanks for the drink.
I'd better get on up.
Early start.
You don't have to.
Go, I mean.
You can stay, if you like.
They do a very good fried slice.
Just coffee, please.
You should eat something.
Paper? Er no.
No.
(Clears throat) About last night I'm sorry.
I didn't mean to put you on the spot.
It's OK.
I was I was very flattered.
I mean, you of all people.
I'm not usually such an old slapper.
Eleanor, we go back more years than I care to remember.
You are one of my oldest, dearest, most-valued friends.
If you can't proposition your friends, who can you proposition? Since I took silk, they've been queuing round the block.
And I was completely faithful to Neil.
Always.
Silly cow.
No.
No, that's not so.
Some things have to count.
They have to.
Otherwise Well, what's any of it for? Just because he's a faithless idiot whose brain's in his trousers, that doesn't diminish your constancy.
My dear, while you breathe, the age of chivalry is not yet past.
Guilty as charged.
Now, you have some breakfast.
You can't spend the day windmill-tilting on an empty stomach.
Chief Evans, you told the court yesterday that you took a certain pride in the smooth running of the Marine Engineering Department aboard Merlin.
That's correct.
Little would pass you by, then, which had a bearing on the smooth running? I trust not.
Who, then, would you say was MEM .
Jones's chief tormentor? MEM O'Brien? Well, there was no love lost between the pair of them, but it would have been impossible to single out any particular party.
The action appeared to be taken as a group decision.
There being safety in numbers.
Sir, too much is being read into these practical jokes.
I mean, what we're talking about here is some innocent Skylarking.
Really? You'd dismiss an orchestrated campaign of spite and degradation as just some innocent Skylarking? Little innocent in what was done with MEM .
Jones's boots.
- It was vile.
- Well And it wasn't the only way in which he suffered, was it? Later, on 12th April, MEM Jones was admitted to the sickbay suffering from extreme dehydration and heat exhaustion.
There had been a fire drill on board Merlin that day, hadn't there? Well, I can't recall offhand if there'd been one that day, but there had been regular damage control exercises, yes.
Well, on this day, MEM Jones was sent into the engine room to deal with a simulated oil fire.
- Does that help you? - Not as such, no.
But the Olympic engine room would have been one of his areas.
Yes.
Now, having established that the fire wasn't containable, your next move would be to pull back and seal off the affected compartment.
- That's right, isn't it? - Yes.
And once the bulkhead door was sealed, what method would be employed to extinguish the fire? Well, you could pump foam into the area.
I mean, that's one way of doing it.
And another, the one used in this exercise, is to suck the oxygen out, thereby smothering the flames.
Yeah.
Yes.
Does anyone work in the compartment when such a method is put into effect? It's far too dangerous.
What would happen to a man if, say, he became trapped in the compartment during just such a procedure? Well, if he wasn't discovered, he'd be in very grave danger.
But to my knowledge, there's never been an incident of that nature.
Never? No, sir.
The scenario described couldn't happen.
And if the door had been spiked on the outside? If you're asking me did I lock Jones in the engine room while on exercise, my answer is no.
I didn't And if he says I did, he's a lying little shitehawk.
Chief Evans, you know full well that there was only one person behind the practical jokes against MEM Jones.
- And it wasn't MEM O'Brien.
- I've no idea, sir.
You resented Jones breaking rank and going to Lt Kinross.
That is not the case, sir.
Jones upset some of the hands and I was trying to keep a lid on things.
Oh, I see.
You had lost control of your section.
No, sir.
It's just that some of the boys took their lead from O'Brien.
MEM O'Brien has already told this court that by 12th April, the date of this fire drill, he and Jones had called a truce.
There was a cessation of hostilities.
The lads were still hacked off with Jones, sir.
I mean, I couldn't be everywhere at once.
- So if things happened - If things happened, they did so because you wanted them to.
Not MEM O'Brien.
You.
MILLS: The next witness is Master-At-Arms Niven, of the SB.
Sir, like Able Seaman Davies, Niven's evidence is not disputed and in the recent past contained lighter fluid.
Again fingerprint analysis confirmed that the canister had been handled by MEM Jones.
Sir, that is the case for the prosecution.
Lt Kinross, how far was your decision to intervene in the matter of the money loaned by Jones to O'Brien influenced by the fact that you had known MEM Jones in civilian life? LT KINROSS: It wasn't.
When [joined the Merlin, that was the first time I'd seen him in years.
If any of the men had come to me, any of them, I would have reacted in exactly the same way.
The money was incidental, as far as I was concerned.
It was primarily the practical jokes being perpetrated upon Jones that I wanted to see stopped.
Yes.
Why was that? Well, I saw them as divisive and, if allowed to continue unchecked, a risk to the morale of the ship.
Why was it you went to O'Brien then, rather than to Chief Evans? Because, as far as I could ascertain, Chief Evans was the instigator of these so called jokes.
If you felt that Chief Evans was behind this mischief, why did you not challenge him directly? He would have denied any pan in it.
And I had no hard proof.
Lt Kinross, why did you go to Accommodation Block Hood on the evening of 7th July last? I had promised to loan MEM Jones a book.
A chronicle of naval battles.
And what happened when you got there? Jones was not in his mess, so I thought he must have gone ashore with the rest of the men.
I put the book on his locker and left.
What time was that? Just after 2000 hours.
And how did you leave? Via the lift, or? No, I took the fire exit stairs.
I'd had to wait an age for the lift when I first arrived, so I thought it'd be quicker to take the stairs.
So, what time would it have been when you left the accommodation block? No later than 2005.
Yes.
What did you see when you came out of the ground-floor fire exit? I saw Chief Evans.
Lt Kinross, can you tell the court now, please, about your lighter.
It's quite simple, really.
I'd lost the lighter in a bar earlier in the week.
How do you think it came to be found on the 7th-floor fire escape landing? I can only imagine that someone left it there.
To implicate me in the arson attack.
There's only three possibilities for this case.
They both did it.
One of them did it.
Neither of them did it.
Thank you, Marshall Hall.
How's your man holding up? Oh, nervous as a novice in a knocking-shop.
Something to hide? No, it's just getting closer, isn't it? He's only got Mills's cross-examination and then he's on.
Are you going to buy me a drink, then, or what? All right.
Make it a quick one.
Taxi! ALL: Hooray! Surprise! (Disappointed groans) MATT.
Uncle Grahame.
Sorry, we thought you were Mum and Dad.
Are they not here, then? No.
This is the third time we've done the whole surprise number.
I'll put on some music.
(Ragga music) (Door bell) - Julia, hi.
- Hi.
Going well? Great.
Except we've no idea where the surprisees are.
Matt and I kept it pretty hush-hush.
I'm beginning to think we should have said something.
(Soft piano music) One of these days, we must have a proper honeymoon.
I gave you a proper honeymoon.
You scrounged us a week at Foxcott's.
It's quite nice, is Dartmoor.
(Chuckles) Not when it's pouring, it's not.
We had better things to do than sightseeing, as I recall.
Yes.
That was the best week of my life.
No phone, no TV.
Just you.
PIANO: If You Go Away Hang on.
Did you ask him? Would you care to dance, Mrs Smith? Oh, Mr Smith, I would.
And the lorry driver says, "I'm not fighting with anyone who can drink 15 pints of Guinness!" Chap goes into a theatrical agent Excuse me, would you? Excuse me.
And he says Julia? - David.
- Oh, hello.
Er? - Jeremy.
- Jeremy, yes.
- How are things? - Fine.
Have you got any swaps? My brother's short of um Pratt and Lineker.
Platt.
Yeah, Gary Linekers are like gold dust now.
You can have a look, if you like.
You know, if there are any you haven't got.
ALDERMARTEN: Nairobi? Really? That must have come as a bit of a blow to Julia.
- Well - Still, she'll get over it, I expect.
We all have to make these small sacrifices.
Queen and country, and all that stuff.
- Yes.
- I wouldn't worry about the old You know? A young chap like you.
You know, fairly handsome.
I'm rather hoping to take Julia with me.
Are you? - Are you? - Yes.
Is that wise, do you think? It's hardly the place to take a European woman.
What? Well, I'm speaking as someone who has, you know, her main interests at heart.
I mean, we were after We were after all a bit of an item.
- You know? - Yes, you were, weren't you? Of course.
She um played your beard at a Tory Selection Committee, didn't she? Your ersatz fiancée Well, can't say she isn't game.
Good to see you again, Johnny.
Oh This heart shall break.
You want to ring home and tell the kids where we are? I left a note on the mantelpiece with a number in it.
They won't even notice we're not there.
This was a good idea.
Are you coming in for a nightcap? I'll think about it.
And while I'm thinking about it, why don't you slip into something more comfortable? If you were in any way decent, you wouldn't have come.
We were invited as a couple.
- Have you thought any more about what we - No.
I see.
Well, in that case, I'm going to fly out tomorrow.
I came round because I was hoping that Julia Bye.
Happy anniversary.
Wow! They're rather good, these.
The bottoms have got a drawstring.
So they have.
Why the delay? I want to get on with it, this whole wretched thing over and done with.
It's nothing to worry about, Lt Kinross.
Is it, Mr Kavanagh? No.
No.
Jones requested a con with Miss Harker, that's all.
LT KINROSSI A con? Why now? A touch of the jitters, most likely.
It's nothing for you to worry about.
It's his problem, sir.
I don't think there's any need to be so gleeful about it, Mr Harris.
We're both in this together.
KAVANAGH: No.
No, you're not.
You'd left the accommodation block by 20:05.
- You can? say what he got up to after that - He discovered the fire.
He raised the alarm and tried to put it out.
We only have his word for it.
No.
I know him.
He's a He's a bad liar.
Well, so long as he doesn't say anything which damages our defence, I don't care how bad a liar he is.
Mr Kavanagh's right, sir.
It's you we're concerned with.
I did threaten O'Brien.
But it was heat of the moment.
I was very sorry to have my VG conduct broken.
I want to get on in the service and that continued good grading would've been another tick in the box.
No doubt.
But it's important you get across to the court that you'd no axe to grind with O'Brien.
Look! I'm sorry.
I woke up this morning and it's just I can't think straight.
It's all right.
It's perfectly normal.
You'll be fine, I promise you.
I wouldn't let you go in the box if I didn't have every confidence that you'd do well.
Now, slowly, in your own time, just take us through events on the evening of the 7th.
I wasn't very popular with the other lads, so I thought it best all round if I give it a miss, the run ashore.
I just done my weights and then I thought I'd grab a shower.
I suppose I went off about 1945.
How busy were the showers at that time in the evening? There was nobody about.
It was quiet.
I must have been in the showers about half an hour, washing, drying my hair and that.
Then I went back to my mess about 2015.
I saw Lt Kinross had left a book he'd promised to lend me.
I read that for about 10 minutes.
Then I smelled smoke from the next landing.
So I went and had a look.
And when I saw what had happened, I raised the alarm and tried to contain the fire.
I can't see what you're worried about.
Just tell the court what you've told me and you'll be fine.
With respect, ma'am, you're not about to call me a liar, are you? You want my advice? You must do what makes you happy.
You're a gifted advocate, Julia.
You're also young and very beautiful.
Steady on, Peter.
I'm quite sincere.
Look, whether it's this chap, or We will lose you to someone.
One day.
If If I did decide to go I know you had reservations about admitting me into chambers.
I'd hate to feel that I'd let anyone down.
Don't deny what you want for the sake of appearances.
Bugger the sisterhood.
You've nothing to prove, you've done it.
Gel off the treadmill before you end up like all the rest of us.
Rest of you? When I was up at Caius, I used to write poetry.
Doggerel in the main, I don't doubt, but no less valid for all that.
Now I write advices.
Don't sacrifice real life on the altar of career.
I thought career was real life.
Real life? I prosecuted a boy the other week.
One of four children, each with a different father.
He'd murdered the youngest.
Terrible case.
But as he stood there in the dock, shoulders hunched against the sentence, I suddenly realised, this shabby, venal, malnourished scrap of humanity had experienced more in his 15 summers You understand? He was more alive than I shall ever be.
Peter, that's not true.
You're Going through the motions.
Oh, I have the club and Jeremy to keep me amused.
You know why so many of us are obsessed with good music, art, literature? We've forgotten how to feel.
We have these empty spaces which we try to fill with someone else's experience, someone else's passion.
Peter Dear girl, if you decide to leave, then you go with my blessing.
River Court won't be the same without you, but we'll bear the loss all the easier if we know he's the right chap.
TANNOY: All passengers for flight NA407 please make their way to departure gate 4.
MILLS: Lt Kinross, when you raised the issue of the practical jokes and the bullying with Commander Pilgrim, what was his response? He He said he would talk to my appointer and get me relieved early.
Yes.
You were to be relieved early.
Hardly a ringing endorsement of your abilities, was it? My ability was not in question.
Then why should Commander Pilgrim want you landed from his ship? He er He felt that by interceding on Jones's behalf I had somehow compromised my authority.
MILLS: Well, let's look at that You were clearly unable to divorce your friendship with Jones from your right and proper duty.
LT KINROSS: My right and proper duty was to the ship's company.
If anyone in Chief Evans's section had come to me with just complaint, I would have listened and acted accordingly.
Can I have your ticket, please? TANNOY: This is the last call for passengers boarding flight NA407 to Nairobi.
CHECK-IN WOMAN: Can I have your ticket, please? Is something wrong? Now, this lighter of yours, a present from Vice-Admiral Kinross, I understand.
From my father, yes.
A 21 St birthday present.
Of considerable sentimental value.
Some, yes.
What steps did you take to recover it? How do you mean? Did you go back to the bar where you lost it, ask if it had been handed in? No.
Did you ask after it on the base? No.
The wardroom? No.
Did you pin a notice on the board offering a reward? No.
No? So, here we have a lighter, of some sentimental value, a 21 St birthday present from your father, no less, and you make no attempt to recover it? - None? - (Softly) No.
- Lieutenant? - No.
No.
You had not lost it in any bar.
The truth is, you dropped your lighter on the stairs in your hurry to put distance between yourself and the fire.
That is incorrect.
Remind the court, will you, why it was you took the fire escape stairs.
I'd had to wait an age for the lift when I first arrived.
- Indeed.
For how long had you waited? - Four, five minutes.
As long as that? Yes? - What time did the last of your coaches leave? - By 1955.
Then, by 2000 hours, when Able Seaman Davies saw you arrive, Accommodation Block Hood would have been all but deserted.
Isn't that right? - Yes.
- Yes.
You see, a long wait for a lift when the block was full would be understandable.
But with it empty? There was no long wait.
You left via the fire escape stairs because you didn't want to be seen quitting the scene of your crime.
No.
Perhaps you can tell the court how Jones' fingerprints came to be found on your lighter? I can offer no explanation for that, other than I had handed my lighter to Jones on a previous occasion in order that he could light a cigarette.
And when would this have been? I don't know.
Well, it would have been before I lost the lighter, obviously.
MILLS: Obviously.
- Are you a heavy smoker, Lieutenant? - 20 a day.
Something like that You're asking the court to accept that Jones' fingerprints remained intact on that lighter, clear, unsmudged, when it was in use perhaps what, 20 times a day? is that right? Yes.
Yes.
Well, let me suggest a much simpler explanation.
Jones' fingerprints were on your lighter, Lieutenant Kinross, - because he used it to set fire to O'Brien's bunk.
- No.
Your attack upon Chief Evans' good character is nothing more than an attempt to discredit his evidence.
- No.
- As far as you were concerned, the real and the only villain was O'Brien.
To your minds, he was responsible not only for Jones having his VG conduct broken, but for Commander Pilgrim requesting your transfer.
That is not the case.
You involved yourself in transporting the men to town for one reason and one reason only.
You wanted to be sure when the coast was clear.
You waited for the men to leave and went across to the accommodation block to tell Jones.
How was it? Did you keep watch while he lit the fire? - No, I told you, he was in the showers.
- In the showers? No.
That is not what you told the court yesterday during your evidence in chief.
You said that you thought Jones had gone ashore with the rest of the men.
Now, why would you think that if you were in charge of the transport? I didn't know where he was.
You've just said he was in the showers.
He was meant to go into town with the others, but I Yes, I remember.
When I When I went across to give him the book, he he wasn't there, and I Why do you now say that you thought he was in the showers? I looked around and I saw him going into the showers.
You made no mention of this when you were first interviewed.
It It must have slipped my mind.
Yes, well, that aside, if you saw him go into the showers, you could have given him the book then, couldn't you? Your chronicle of naval battles.
So, why didn't you do just that? I It doesn't add up, does it? I I No, it doesn't.
I saw the fuel the lighter fuel on top of Jones's locker.
I just saw it when I went in to drop off the book.
I er I don't know Something All I could see was O'Brien's stupid leering face.
I just I just wanted to pay him back for getting me landed.
I I only meant it to be his bunk.
Pictures of his kid, something to hurt him.
But it got out of control and I panicked.
Lt Kinross, are you saying that you set fire to O'Brien's bunk alone? I thought about warning Jones, but Well, he would have seen me.
I'm sorry.
It was stupid.
DRISCOLL: Ralph Edmund Gordon Kinross, the court finds you guilty as charged.
Patrick William Jones, the verdict of this court is that you are not guilty.
Mr Kavanagh, will you be offering mitigation on your client's behalf? Beyond his service record and social report, no, sir.
The court will adjourn and consider sentence.
CLERK: Court, rise.
I'm sorry.
I was wrong to mislead you.
Ler I acted foolishly and it's only proper I should bear the consequences.
I'm just sorry to have dragged Jones into it.
Service means everything to him.
It's not completely without meaning for you.
We had a good case.
I really thought What happened? - What went wrong? - Nothing can be gained from raking it over.
We'd been through it all in con.
What was different about today? We were so close.
There was only .
Jones's evidence to be heard.
You didn't want him to go into the box, did you? Why? What would he have said? When you went across to that accommodation block it wasn't to take him a book, was it? You were together.
When the fire started, you were together.
I couldn't let him go up against Mills.
You do understand that? I realised that Well, if If he'd admitted that at the time the fire was started, he was in my arms You had a defence.
You can't defend the indefensible.
I mean, in the eyes of In the eyes of some, there's worse things than arson.
In certain knowledge of the consequences, rather than reveal that you were lovers, you took full blame for a crime neither of you had any pan in.
Surely the truth The truth would have meant his career and mine.
Greater love? Something like that.
The court, having found the accused guilty of the offence charged in the first charge, adjudges him, the said Ralph Edmund Gordon Kinross, to be imprisoned for the term of four years, to be dismissed from Her Majesty's Service, to be under stoppages of pay until he has made good the sum of £3,000 and to suffer the consequential penalties involved.
TREDINNICK: In considering sentence, the court has taken into account your prior good record.
However, this was a very serious offence.
Your selfish action put lives in peril and, but for your good fortune, you might well have faced charges graver still.
Furthermore, knowing full well that you and you alone were responsible for this act, you remained silent and allowed the probity of another man, your co-accused, to be brought into question.
You could have spared MEM Jones this ordeal, but you did not.
You have undermined the status and position, not only of the officers of HMS Merlin, but of all officers in the service.
You are a disgrace to the Royal Navy and to your family.
I will not waste further words on you.
VICE-ADMIRAL KINROSSI Helen! Can't win 'em all, sir.
No hard feelings, eh? The reputation of a good man was destroyed today.
Are you content? A good man? Kinross? Young Rafie.
Well, I shouldn't set too much store in what he's got to say, sir.
Got more flannel than a pusser's blanket.
I think we both know who set that fire, Mr Evans.
Do we? Oh, yes.
You see, there was someone else keeping a weather eye on those weekly trips ashore.
Watching, planning, waiting his moment.
He knew that once the accommodation block was empty, Kinross would go to see Jones.
And he knew why.
He knew a lot, this chap.
He knew Kinross's lighter wasn't lost, certainly.
That Kinross had given it to Jones as a gift a token.
So, that evening, while they were elsewhere, he stole the lighter and fuel from .
Jones's quarters.
Having started the fire, he left enough incriminating evidence for the regulators to find and then stood outside, waiting to chance upon Kinross leaving the scene of the crime.
Now, why would someone want to do that? Because he wanted Jones.
Physically.
For his own gratification.
Only Jones wasn't interested.
And for a man used to being obeyed, that was more than you could stomach.
What are you going to tell, eh? I mean, what can you do? Nothing.
You can't do nothing.
Not without finishing Jones, as well.
No.
No, that's something you've relied on all along, isn't it? They couldn't admit to being together that evening.
Well, at least Jones is beyond your reach now.
You lost.
All your books and all your talk and I beat you.
You got a proper goffering.
You come down here thinking you can take on the Royal Navy.
You're not fit to wear the uniform.
You have no honour.
The Navy always protected the weak from bullies like you.
How you survived so long, I don't know.
All I can say is, thank God there are better men in the service.
Mills, Driscoll Oh, yeah, they'd be right up your gangway, wouldn't they? Real pusser officers.
All gentlemen together.
I come from the same place you do, and so does Jones.
Decency, courage, honour, they don't come with a silver spoon attached, so spare me your offended working-class sensibilities.
You bloody civilian.
I mean, what have you ever done to defend your country, eh? Nothing.
You've done nothing.
Well, you look at my face, the pain.
My hand, the scars.
My body.
My body's scarred and you dare tell me I've got no honour.
These scars are my honour.
I I had a friend.
Sub Lieutenant.
We were good pals.
Inseparable.
He had honour enough to spare.
Got burnt.
He was lying in my arms when he died.
They wouldn't even let me be in the Honour Guard to bear him to his rest.
Officer, see.
Officer.
His wife got the medal and the glory, but who tends his grave now that she's remarried? And do you think what you've done here honours his memory? You people.
I'd like to see you burn.
Burn.
All of you.
Burnt to ashes.
How are you doing? I've never been so scared in all my life.
I'm sorry.
I just want to see Lieutenant Kinross for a minute.
PROVOST MARSHAL".
Mister Kinross now, lad.
- It's all right, Provost Marshal.
He's with me.
- A minute, then.
- I'll leave you.
- You go, sir, I'm afraid he goes.
KAVANAGH: I'm sorry Sir For the best.
You understand.
Make a go of it, Paddy.
PROVOST MARSHAL: Time to go.
So little love.
Which would you rather, if he were your son? Would I rather my son went to prison for something he didn't do, than walk free? I'll take the latter and damn what anyone else thinks.
A little tolerance? What's to tolerate? We're all at each other's mercy.
You start with one minority who's next? (Clock chimes) Well, we'd better get a shift on if we're going to get that quarter-past.
Er actually I said I'd have a drink with Driscoll.
It's just a drink.
When you were a girl, I bet the boys you liked could be told by the bruises on their arm.
Well, I shall retire gracefully from the field.
Look after yourself.
(Whistles) This is a warrant, by Admiral Sir Richard Catesby, Knight Commander of the Bath, Admiral in Her Majesty's Fleet, Flag Officer Port Solent Whereas Lt Commander Hugh Mills, Banister Royal Navy, of the Staff of the Flag Officer Port Sotent has transmitted to me a letter alleging the misconduct of Lt Ralph Edmund Gordon Kinross, Royal Navy, of Her Majesty's Ship Merlin and Marine Engineering Mechanic Mechanical 1st Class Patrick William Jones, (door opens) Service Number D677329F, of Her Majesty's Ship Merlin.
I do hereby, in exercise of the powers conferred on me, order a court martial to be held for the trial of the said Ralph Kinross and Patrick Jones.
Time to go.
You'll be fine.
Don't worry.
Yes.
Thank you.
CATESBY1 You are to assemble the court martial on shore at HMS Hawke at 0930 on 5th September, or as soon afterwards as circumstances allow.
TREDINNICK: March in the accused.
Aye-aye, sir.
- March in the accused.
- Accused, quick march.
Salute.
Sir, the prosecutor is Lt Commander Hugh Mills, Barrister Royal Navy.
Good morning, sir.
Mr James Kavanagh, Queen's Counsel, is the Accused's Friend for Lt Kinross - Good morning, sir.
- Good morning.
Miss Eleanor Harker, Queen's Counsel, is the Accused's Friend for MEM Jones.
- Good morning, sir.
- Good morning.
The Clerk of the Court will now read the warrant assembling this court.
CLERK".
This is a warrant, by Admiral Sir Richard Catesby, Knight Commander of the Bath, Admiral in Her Majesty's Fleet, Flag Officer Port Solent .
.
Now, as God is my judge, Peter, I promise you, in the family way, and if the bush telegraph is to be believed, put in that condition by a be-dreadlocked, ganja-dealing - Hello, Alex.
- Peter.
Morning.
Client she defended.
And so, farewell then, Bunty "bury me in a Y-shaped coffin" Heyhoe.
There you are.
If God had wanted women to practise at the Bar JULIA: Morning, chaps.
- James in? - First day of the court martial.
The arson.
Arson? Oh, this Vice-Admiral Kinross's son? Got a feeling that might still be a capital offence, you know, setting fire to Her Majesty's dockyards I think you'll find gibbets went in the last defence round, along with yardarms - highest, and baccy - rough shag.
I shall miss dear old Bunty.
Ah, well.
The joy of contracting with persons of unsound mind awaits me in Southwark.
Jules.
Call first thing from David.
Wants to know if you're still on for lunch.
- Oh, great.
- David David The boy cricketer from last summer? - Still seeing him, are you? - Yes.
Want to see the video? That you, the accused, without lawful excuse, damaged by fire an accommodation block belonging to the Ministry of Defence, Navy, intending to damage the property, or being reckless as to whether property would be damaged and being reckless as to whether life would thereby be endangered.
Lt Kinross, how say you, are you guilty or not guilty? Not guilty, sir.
Can I help you, madam? I was looking for something.
For yourself? On 7th July last, at approximately 2030, local emergency services were called to HMS Hawke to deal with a fire in Accommodation Block Hood.
Thankfully, there were no casualties, most of the men quartered in the block being absent on a regular run ashore.
As it was, the fire gutted much of the 7th floor, causing damage to property in excess of £50,000.
The resulting inquiry revealed that the fire originated in a bunk on the 7th floor, assigned to MEM O'Brien.
The accused doused O'Brien's bedding with an accelerant, namely lighter fuel, which they then ignited.
The can which held the fuel was later recovered from a ground-floor gash chute.
When examined, it was found to bear Jones's fingerprints.
Also, an engraved silver cigarette lighter, identified as belonging to Lt Kinross was found on the 7th-floor fire escape landing.
That, too, in addition to Lt Kinross's fingerprints, bore those of MEM Jones.
Lt Kinross was seen emerging from the ground-floor fire exit at about 2025 by Chief MEM Evans.
Now, in the opinion of the Fire investigation Unit who examined the scene, by 2030, when Jones raised the alarm, the fire had already been burning for upwards of 20 minutes.
Sir, it is perhaps unusual to find an officer and a rating co-defendants on such a charge.
However, the association between Lt Kinross and MEM Jones predates by a good many years their meeting on board HMS Merlin.
They had been boon companions as children, their families both coming from Hexham Indeed, Jones' mother had served the Kinross family, in a catering capacity, on numerous social occasions.
Now, last September, Jones lent a sum of money, £300, to MEM O'Brien.
You might think, sir, that Jones would have done well to take Polonius' advice, that he should "neither a borrower nor a lender be, for loan for a loan" "oft loses both itself and friend and borrowing dulls the edge of husbandry.
" MILLS: Yes.
Indeed.
The debt soon became a source of friction between Jones and O'Brien.
Friction turned to hatred, open hostility, and eventually, violence.
Hoping, no doubt, to frighten O'Brien into repaying the loan, Jones sought to involve Lt Kinross in the matter.
In this dispute, Lt Kinross put friendship before duty at every turn, a decision which so weakened the position of Merlin's officers that the Commanding Officer, Commander Pilgrim, was left with no choice but to have him landed from his ship.
No, no it's for two.
Yes, I'm sorry, I'm still here.
Yes.
It's Smith.
Elizabeth Smith.
Mrs.
Oh, and Mr Smith, of course.
HARKER: Why is it, do you think, the defendants chose civilian counsel? DRISCOLL: Well, that you would need to ask your client.
But some men don't feel one of their own would be impartial.
An erroneous view, nevertheless Lt Commander Mills could hardly be described as one of .
Jones's own.
Jones is a rating, isn't he? So was Lt Commander Mills.
Golly, weren't you? Electronic Warfare Rating.
Indeed, sir.
Until my eyes started to go.
DRISCOLL: Too long in the gloom room.
Hopped over into the White Mafia, the er Supply and Secretariat Branch, and thence to us.
By way of the Bar, sir.
So, you see, Miss Harker, however class bound you might perceive the service, talent will out.
Do you know Portsmouth at all, Mr Kavanagh? No.
No.
I've meant to come down often, but If they can have civilian counsel, why can't they have a proper judge and jury'? Eleanor This was an offence committed by MOD personnel against MOD property.
I think you'll find the court's martial as fair as any civilian court.
Ah, Miss Harker, I believe you're the trout.
Marry you? You do love me? Of course I do, but marriage? Look, babe, why don't we co-habit for a trial period? Six months or so? See how it goes and What? My FO posting came through.
- Where? - Nairobi.
- Three years.
- When do you go? In a month.
Long enough to get the banns read.
What? I I don't believe this.
You know full well you're off to Happy bloody Valley in a month's time - and you've got the cheek to ask me - I know it's short notice, Julia.
That is not a proposal, it's a game of Beat The Clock.
You expect me to drop everything and follow you halfway around the world just like that? I've got a career, you know.
- I've worked damn hard to get - They have barristers in Kenya.
I know.
Julia Impressive, isn't it? That's the HMS Jervis Bay.
She was a light-armed merchantman called to duty in the Second World War.
5th November 1940, she was escorting a convoy of some 30-odd merchant ships in the mid-Aflantic It was late afternoon, no warning, the German pocket battleship Admiral Scheer appeared.
Out-gunned, out-ranged, and in the full knowledge he was facing certain death, without hesitation, her captain turned Jervis Bay towards the Scheer and engaged her.
And did he win? He fought for half an hour, but she was sunk beneath him.
He wasn't among the survivors.
Captain Edward Fogeny Fegen.
RN VC.
Posthumously awarded.
Yes.
So much easier to deride heroism in peacetime, isn't it? Liberty's cheap when somebody else pays the soot.
That half an hour bought by the Jervis Bay gave the convoy time to scatter, Mr Kavanagh.
Captain Fegen's selflessness saved innumerable lives that day.
It's Boy's Own stuff, no question.
This boy's own, certainly.
- Bit nervous, lad? - A bit, Chief, yeah.
There's no need to be.
You've done nothing wrong, have you? We know who torched the bunk.
All right.
Put it out.
Put it out.
- Sir.
- Chief Evans, I'm sorry to keep you waiting.
Ah, mills of God, sir.
Mills of God.
I don't think we'll get to you today.
Tomorrow without fail, I promise.
Mr Kavanagh? Hello, I'm Helen.
Ralph's sister.
Yes, of course.
How do you do? Could be better.
My My father's not even admitting the possibility, and Rafie won't say, but if things don't work out I mean, could he go to prison? Please, I just want someone to be honest with me.
Yes, he could go to prison.
It's a very serious offence he's charged with.
But that's not going to happen.
Helen.
- Thank you.
- Someone I want you to meet.
You all right? You put a few away at lunch.
I don't think that's any of your business, is it? I offered to repay what I owed in instalments, but Jonesy wanted it all back in one go.
Things got bad between us.
Well, he put it about that I was a welcher.
MILLS: And what did you do? I went and had a word with Chief Evans, get it sorted.
You don't need that son of grief below decks, sir.
What did Chief Evans say? He got us together and laid it out for Jones.
Said I couldn't pay it all back in one go, and that he would just have to accept it.
Next thing I know, I get a visit from Lt Kinross.
Jonesy had been to see him, put his side of the saga.
- How usual was that? - Well, it wasn't.
What did Lt Kinross say when he came to see you? He said Jones had told him that the lads had, like, been giving him a hard time.
In what way? Well, Jones hadn't got his shake for the middle watch a couple of times, so he, being late, he got his knuckles rapped.
He thought he'd been left to oversleep so he would get into trouble.
And how close was that to the truth, as far as you were aware? If it was meant, then, you know that was something beyond my control.
Lt Kinross had also spoken to the other hands and asked them to leave Jones alone.
And what did the other hands feel about that? Well, the standard "were they at it, or weren't they?" sort of thing.
- Yes, I see.
- Well, you know, it was just the lads being But I mean, seriously, if there was any sympathy for Jones, that was it.
- How do you mean'? - Well, he got some stick.
No more than he deserved, but Well, there was a few practical jokes.
Sending him around the ship on false errands and such like.
MILLS: What was Jones' response to the practical jokes? Well, he went manking to Lt Kinross, as per.
The Lieutenant came to visit me again.
He warned me that I was standing into danger, and if it continued, he'd bring in the Jess.
And what did you say? I'd already told the lads that enough was enough, but by that time, it was all going ahead under its own steam.
The boys resented Jonesy giving himself airs.
Airs? A bit of a CW candidate, you know? Always took a lot of trouble with his appearance and that.
His rig.
So, someone went off to the heads with his steaming bats and er crimped off a length in 'em.
DRISCOLL: Mr Kavanagh? Sir, I'm finding the evidence of this witness somewhat difficult to follow.
Bring in the Joss? CW candidate? Steaming bats? Crimped off a length? DRISCOLL: Yes, of course.
The Joss, or Jossman is the Master-At-Arms A CW candidate is our term for a rating thought to have officer potential.
Steaming bats are heavy naval boots and to crimp off a length is to void.
I'm obliged.
How did Jones react to this latest practical joke? He lost the bubble, didn't he? He came into the galley accusing me of doing it.
Ended up with a bit of a set-to.
What was the outcome of that? We were both up before Commander Pilgrim on defaulters.
He gave us a warrant fine and ten days number nines.
How did you feel about that? - Ah, well, that's life in a blue suit, sir.
- And Jones? All he could see was that, with the warrant fine, his VG conduct had gone for a Burton.
He said he would son me out next time we was alongside.
MILLS: How seriously did you take his threat? Oh, very.
I mean you know, if it was going to be a dust-up, I knew I could handle myself, but someone like Jonesy don't come at you head on.
You know what I mean? Setting fire to your bunk.
That's pretty snide, ain't it? Still, it could've been worse.
In what way? Well, I could have been in it.
(Whistle) Hold it! Ah, couldn't you have waited a few seconds? - It's not my fault, mate.
- You were only obeying orders.
There'll be another one along.
(Steam hisses) Sorry.
It's all right.
What is it? What's the matter? - It's Neil.
- Your Neil? Not any more.
Not my Neil.
Her Neil.
Sorry.
I swore I wouldn't There's someone else.
He left.
Last night.
He left me.
But I mean just out of the blue? No.
It's been the past year.
Do you know how old she is? When we were saying cheese outside bloody Chelsea Registry, she was eight! Maybe it's a {don't know, a mid-life thing a crisis.
You read Cosmo.
Men have them.
You didn't.
You think the thought never crossed my mind? (Keys jangle) (Door closes) Champagne, I think.
HARKER: Now, prior to your falling out over the money, you and MEM Jones had been on good terms? Well Good enough terms for him to lend you £300, at least? Yeah, I suppose so.
Subsequent to the incident involving his boots, and the fight which followed, MEM Jones came to make his peace with you.
He came to see me, yeah.
He told you he'd found out who the culprit was and that he knew you weren't to blame.
Yeah.
He apologised and you shook hands.
- Yeah.
- And that would have been when? - Early April? - About that.
So, by the time you returned to port in early May, you had, in fact, made up your differences.
I wouldn't say we'd made up, as such.
The money was still a problem.
After what had gone on, I didn't trust him.
But, as far as you were aware, the practical jokes stopped then, did they? When he apologised.
- Yeah.
- Yes.
What exactly did you lose as a result of the fire at Accommodation Block Hood, MEM O'Brien? Some personal stuff.
Some pictures of my lad, which I can't replace.
Letters That sort of stuff means a lot when you're away for six months at a stretch.
But nothing of great financial value? Well, it wasn't about money, was it? It was about him getting me back for losing his VG conduct.
The truth is, you know, that MEM Jones could have chosen any one of 100 better ways to extract his revenge if that was his wish.
But, as far as he was concerned, the vendetta was over.
You don't know what was going on in his head any more than me.
His fingerprints were on the lighter and fuel can.
No amount of arguing will change that.
- He had it in for me.
- But MEM Jones tried to contain the fire.
Sir.
Not the actions of a man who âhad it in for youâ.
Sir, this witness can't say whether MEM Jones tried to contain the fire.
No more than he can say he started it.
No, it's accepted that Jones raised the alarm, Miss Harker, but what action he did or didn't take with regard to dealing with the fire is anyone's guess.
ALEX".
Have you talked to Peter? He'll implode.
It was only Jim's lobbying that got me into River Court in the first place.
Peter gave me five years, tops.
You're past that.
Not by much.
If I throw in the towel now, I'll put back the cause in River Court 20 years.
But if you love him Yes.
That's the rub.
(Phone rings) Hello? (Mouths) OK.
Look, David, I asked you not to call.
Right? I'm sorry.
Sorry.
(Door rattles) - Julia, I was wondering - Not now, Jeremy.
Go away.
- Is something the matter? - Go away.
You're all bastards.
- I'm not.
- Go away and leave me alone, right? I wouldn't go in there, if I were you, she's a bit umpty.
Got painters in, I expect.
We didn't think your trip down would be complete without a quick tour.
No.
It's fantastic.
And she still flies the White Ensign? The flagship of the Royal Navy, Mr Kavanagh.
Never been decommissioned.
What going to war in one of these must've been like, by God Yes.
There's been a few changes since Lord Nelson's day.
But not so many as you'd notice.
We have our traditions, like any long-established organisation.
But we no longer pressgang, or keelhaul.
And the ladies, of course, sir.
At sea.
Yes.
The monstrous regiment marches ever on.
You disapprove? I can appreciate a well-turned calf as much as the next man.
Oh, God.
What you must understand, Miss Harker, is that unfortunately, in many cases, the next man is not possessed of my self-restraint.
And it's not just the men, either.
- Sex is a powerful instinct.
- Really? Anything which adversely affects the morale and fighting efficiency of a ship cannot be condoned, let alone encouraged.
Yes.
Well, I think perhaps we should be getting back.
- Thanks - No.
No.
All work and no play Yes.
It was most enlightening.
KAVANAGH: In the "remarks" section of your Divisional Officer's report from last year, Lieutenant Kinross wrote, "Chief Evans runs his section of the Marine Engineering Department as his own personal fiefdom.
Indeed, it is difficult to find any part of the ship into which his influence does not reach.
Any rating who questions the more eccentric aspects of his regime is bullied into compliance or ostracised by his shipmates, fearful of Chief Evans's displeasure.
â Under Naval Regulations, when will your eligibility for the rank of Warrant Officer be considered again? That was my last assessment.
If you had been promoted, your service would have been extended by five or ten years, wouldn't it? Yes, sir.
And achieving the highest rank to which a rating may aspire would have brought financial rewards, an increased pension and so forth'? It would, yes.
And damaged your financial prospects, just like that, with the stroke of his pen.
Well, they do say it's mightier than the sword, sir.
And you're asking the court to accept that you felt no bitterness towards him? Well, I felt a bit slighted.
Merlin being the first time he'd put to sea on active duty.
But in the best tradition of the service, I thought a few words to the wiser would make things a little bit easier for him.
None of us are that clever that we can't benefit from good and well-meant advice.
Indeed.
And was this a reciprocal arrangement, or was it a case of an old sea dog and new tricks? On the night we're concerned with, there was some sort of entertainment in town.
There was a run ashore, sir, yes.
The men were already ashore, weren't they? Well, not in Naval terms, sir.
This base, although on dry land, is still one of Her Majesty's ships.
Once through the perimeter, it is classed as going ashore.
Indeed.
Indeed.
That is the correct Naval term.
KAVANAGH: Yes.
Thank you.
You didn't go.
Why was that? Well, I told my wife I'd be home to watch a television programme with her, sir.
Yes.
It was somewhat fortuitous that you happened to be passing Accommodation Block Hood just as Lt Kinross emerged from the fire escape, wasn't it? It wasn't fortune, it was geography.
Hood's on my way from the chief's mess to the gates.
What is this? Are you trying to say that I didn't see him? I'm suggesting that you could've been mistaken about the time.
No.
It wasn't somewhat closer to 2000 hours? Before the fire was started.
Say, 20:05? No.
The fact is, the statement you made as to the time you saw Lt Kinross leave the accommodation block was nothing more than a case of wish fulfilment.
What do you mean? Well, here was a young man you had tried to take under your wing, who had repaid your generosity of spirit with a stab in the back, who had cast a blight on your professional and personal life.
Are you honestly telling the court, in light of all that, you were not guilty of warming the bell? Warming the bell? I believe that's the correct Naval term for the artificial acceleration of time.
Heating the bell of an hourglass causes the sand to run through at an increased rate.
That's right, isn't it? It is, sir.
However, my timepiece is Swiss.
The truth is that you saw Lt Kinross come out of that accommodation block before, rather than after, the tire was started.
No, sir.
The Divisional Officer's report, in which Lt Kinross condemned your way of dealing with the ratings.
Would Lt Kinross's signature alone be sufficient for that report to go forward, or would his assessment need to be agreed and countersigned by his superior officer? He would have needed to countersign it, sir.
His findings were upheld, then? No further questions.
- What's this? - Fire outside Petersfield.
Yeah.
11 o'clock tonight at the earliest.
If at all.
I'm going to stay down here.
Can you tell Mum I'm sorry? Matt? Yeah, I've got it.
Problem with the train, you won't be back.
Sure.
- (mouths) - Kate wants a word.
You're not coming back? What about tomorrow? Tomorrow's Thursday.
All right.
You'll definitely be back? Yeah.
Love you, too.
He'll be back.
Apparently, there's some conference on, but he says he knows a good hotel.
(Ship's horn blasts) (Knock at door) All this and heaven, too.
You should see mine.
At least you've got a view.
That, my dear, is not a view.
What do you expect from a Portsmouth B&B window? Shall we eat out? No, thanks.
What is it about the seaside? It's hardly the seaside.
No.
You know what I mean, though.
Island race.
The first time I saw the sea was at Formby.
I went with my mum, my dad, and my brother Grahame.
Never seen imagined anything could be so vast.
I must have been about eight or nine.
Sod it.
- Jeremy thingy.
- Alderman? Yeah.
- Where's Dad? - Staying down.
- A problemo with El traino.
- Oh, I see.
Back tomorrow, though.
Right.
KAVANAGH: Is this an old habit, or a new one? It helps.
Does it help MEM Jones? Lock him up and throw away the key for all I care.
You don't mean that.
No.
- Do you think they did it? - I don't think mine did, no.
Thanks.
Excuse the glass.
Help's night off.
What a waste.
16 years.
I wanted kids, you know.
- No, I didn't.
- It was Neil.
"When we've moved.
" "When I've got the business up and running.
" I was working, I suppose, but It's not too late.
That's very sweet.
Who'd have me now? Look at me.
Bleary-eyed old baggage.
Half a cat, half a mortgage, half a life.
Still, I've got more to offer a chap than that tan.
Attagirl.
I've seen her.
You know.
Well, all I can say, my dear, is that if he's happy to trade wit, warmth and companionship for that round-heeled little scrubber with bad skin and the conversation of Forrest Gump, good luck to him.
I think you're going to be OK.
Am I? Yeah.
Well, thanks for the drink.
I'd better get on up.
Early start.
You don't have to.
Go, I mean.
You can stay, if you like.
They do a very good fried slice.
Just coffee, please.
You should eat something.
Paper? Er no.
No.
(Clears throat) About last night I'm sorry.
I didn't mean to put you on the spot.
It's OK.
I was I was very flattered.
I mean, you of all people.
I'm not usually such an old slapper.
Eleanor, we go back more years than I care to remember.
You are one of my oldest, dearest, most-valued friends.
If you can't proposition your friends, who can you proposition? Since I took silk, they've been queuing round the block.
And I was completely faithful to Neil.
Always.
Silly cow.
No.
No, that's not so.
Some things have to count.
They have to.
Otherwise Well, what's any of it for? Just because he's a faithless idiot whose brain's in his trousers, that doesn't diminish your constancy.
My dear, while you breathe, the age of chivalry is not yet past.
Guilty as charged.
Now, you have some breakfast.
You can't spend the day windmill-tilting on an empty stomach.
Chief Evans, you told the court yesterday that you took a certain pride in the smooth running of the Marine Engineering Department aboard Merlin.
That's correct.
Little would pass you by, then, which had a bearing on the smooth running? I trust not.
Who, then, would you say was MEM .
Jones's chief tormentor? MEM O'Brien? Well, there was no love lost between the pair of them, but it would have been impossible to single out any particular party.
The action appeared to be taken as a group decision.
There being safety in numbers.
Sir, too much is being read into these practical jokes.
I mean, what we're talking about here is some innocent Skylarking.
Really? You'd dismiss an orchestrated campaign of spite and degradation as just some innocent Skylarking? Little innocent in what was done with MEM .
Jones's boots.
- It was vile.
- Well And it wasn't the only way in which he suffered, was it? Later, on 12th April, MEM Jones was admitted to the sickbay suffering from extreme dehydration and heat exhaustion.
There had been a fire drill on board Merlin that day, hadn't there? Well, I can't recall offhand if there'd been one that day, but there had been regular damage control exercises, yes.
Well, on this day, MEM Jones was sent into the engine room to deal with a simulated oil fire.
- Does that help you? - Not as such, no.
But the Olympic engine room would have been one of his areas.
Yes.
Now, having established that the fire wasn't containable, your next move would be to pull back and seal off the affected compartment.
- That's right, isn't it? - Yes.
And once the bulkhead door was sealed, what method would be employed to extinguish the fire? Well, you could pump foam into the area.
I mean, that's one way of doing it.
And another, the one used in this exercise, is to suck the oxygen out, thereby smothering the flames.
Yeah.
Yes.
Does anyone work in the compartment when such a method is put into effect? It's far too dangerous.
What would happen to a man if, say, he became trapped in the compartment during just such a procedure? Well, if he wasn't discovered, he'd be in very grave danger.
But to my knowledge, there's never been an incident of that nature.
Never? No, sir.
The scenario described couldn't happen.
And if the door had been spiked on the outside? If you're asking me did I lock Jones in the engine room while on exercise, my answer is no.
I didn't And if he says I did, he's a lying little shitehawk.
Chief Evans, you know full well that there was only one person behind the practical jokes against MEM Jones.
- And it wasn't MEM O'Brien.
- I've no idea, sir.
You resented Jones breaking rank and going to Lt Kinross.
That is not the case, sir.
Jones upset some of the hands and I was trying to keep a lid on things.
Oh, I see.
You had lost control of your section.
No, sir.
It's just that some of the boys took their lead from O'Brien.
MEM O'Brien has already told this court that by 12th April, the date of this fire drill, he and Jones had called a truce.
There was a cessation of hostilities.
The lads were still hacked off with Jones, sir.
I mean, I couldn't be everywhere at once.
- So if things happened - If things happened, they did so because you wanted them to.
Not MEM O'Brien.
You.
MILLS: The next witness is Master-At-Arms Niven, of the SB.
Sir, like Able Seaman Davies, Niven's evidence is not disputed and in the recent past contained lighter fluid.
Again fingerprint analysis confirmed that the canister had been handled by MEM Jones.
Sir, that is the case for the prosecution.
Lt Kinross, how far was your decision to intervene in the matter of the money loaned by Jones to O'Brien influenced by the fact that you had known MEM Jones in civilian life? LT KINROSS: It wasn't.
When [joined the Merlin, that was the first time I'd seen him in years.
If any of the men had come to me, any of them, I would have reacted in exactly the same way.
The money was incidental, as far as I was concerned.
It was primarily the practical jokes being perpetrated upon Jones that I wanted to see stopped.
Yes.
Why was that? Well, I saw them as divisive and, if allowed to continue unchecked, a risk to the morale of the ship.
Why was it you went to O'Brien then, rather than to Chief Evans? Because, as far as I could ascertain, Chief Evans was the instigator of these so called jokes.
If you felt that Chief Evans was behind this mischief, why did you not challenge him directly? He would have denied any pan in it.
And I had no hard proof.
Lt Kinross, why did you go to Accommodation Block Hood on the evening of 7th July last? I had promised to loan MEM Jones a book.
A chronicle of naval battles.
And what happened when you got there? Jones was not in his mess, so I thought he must have gone ashore with the rest of the men.
I put the book on his locker and left.
What time was that? Just after 2000 hours.
And how did you leave? Via the lift, or? No, I took the fire exit stairs.
I'd had to wait an age for the lift when I first arrived, so I thought it'd be quicker to take the stairs.
So, what time would it have been when you left the accommodation block? No later than 2005.
Yes.
What did you see when you came out of the ground-floor fire exit? I saw Chief Evans.
Lt Kinross, can you tell the court now, please, about your lighter.
It's quite simple, really.
I'd lost the lighter in a bar earlier in the week.
How do you think it came to be found on the 7th-floor fire escape landing? I can only imagine that someone left it there.
To implicate me in the arson attack.
There's only three possibilities for this case.
They both did it.
One of them did it.
Neither of them did it.
Thank you, Marshall Hall.
How's your man holding up? Oh, nervous as a novice in a knocking-shop.
Something to hide? No, it's just getting closer, isn't it? He's only got Mills's cross-examination and then he's on.
Are you going to buy me a drink, then, or what? All right.
Make it a quick one.
Taxi! ALL: Hooray! Surprise! (Disappointed groans) MATT.
Uncle Grahame.
Sorry, we thought you were Mum and Dad.
Are they not here, then? No.
This is the third time we've done the whole surprise number.
I'll put on some music.
(Ragga music) (Door bell) - Julia, hi.
- Hi.
Going well? Great.
Except we've no idea where the surprisees are.
Matt and I kept it pretty hush-hush.
I'm beginning to think we should have said something.
(Soft piano music) One of these days, we must have a proper honeymoon.
I gave you a proper honeymoon.
You scrounged us a week at Foxcott's.
It's quite nice, is Dartmoor.
(Chuckles) Not when it's pouring, it's not.
We had better things to do than sightseeing, as I recall.
Yes.
That was the best week of my life.
No phone, no TV.
Just you.
PIANO: If You Go Away Hang on.
Did you ask him? Would you care to dance, Mrs Smith? Oh, Mr Smith, I would.
And the lorry driver says, "I'm not fighting with anyone who can drink 15 pints of Guinness!" Chap goes into a theatrical agent Excuse me, would you? Excuse me.
And he says Julia? - David.
- Oh, hello.
Er? - Jeremy.
- Jeremy, yes.
- How are things? - Fine.
Have you got any swaps? My brother's short of um Pratt and Lineker.
Platt.
Yeah, Gary Linekers are like gold dust now.
You can have a look, if you like.
You know, if there are any you haven't got.
ALDERMARTEN: Nairobi? Really? That must have come as a bit of a blow to Julia.
- Well - Still, she'll get over it, I expect.
We all have to make these small sacrifices.
Queen and country, and all that stuff.
- Yes.
- I wouldn't worry about the old You know? A young chap like you.
You know, fairly handsome.
I'm rather hoping to take Julia with me.
Are you? - Are you? - Yes.
Is that wise, do you think? It's hardly the place to take a European woman.
What? Well, I'm speaking as someone who has, you know, her main interests at heart.
I mean, we were after We were after all a bit of an item.
- You know? - Yes, you were, weren't you? Of course.
She um played your beard at a Tory Selection Committee, didn't she? Your ersatz fiancée Well, can't say she isn't game.
Good to see you again, Johnny.
Oh This heart shall break.
You want to ring home and tell the kids where we are? I left a note on the mantelpiece with a number in it.
They won't even notice we're not there.
This was a good idea.
Are you coming in for a nightcap? I'll think about it.
And while I'm thinking about it, why don't you slip into something more comfortable? If you were in any way decent, you wouldn't have come.
We were invited as a couple.
- Have you thought any more about what we - No.
I see.
Well, in that case, I'm going to fly out tomorrow.
I came round because I was hoping that Julia Bye.
Happy anniversary.
Wow! They're rather good, these.
The bottoms have got a drawstring.
So they have.
Why the delay? I want to get on with it, this whole wretched thing over and done with.
It's nothing to worry about, Lt Kinross.
Is it, Mr Kavanagh? No.
No.
Jones requested a con with Miss Harker, that's all.
LT KINROSSI A con? Why now? A touch of the jitters, most likely.
It's nothing for you to worry about.
It's his problem, sir.
I don't think there's any need to be so gleeful about it, Mr Harris.
We're both in this together.
KAVANAGH: No.
No, you're not.
You'd left the accommodation block by 20:05.
- You can? say what he got up to after that - He discovered the fire.
He raised the alarm and tried to put it out.
We only have his word for it.
No.
I know him.
He's a He's a bad liar.
Well, so long as he doesn't say anything which damages our defence, I don't care how bad a liar he is.
Mr Kavanagh's right, sir.
It's you we're concerned with.
I did threaten O'Brien.
But it was heat of the moment.
I was very sorry to have my VG conduct broken.
I want to get on in the service and that continued good grading would've been another tick in the box.
No doubt.
But it's important you get across to the court that you'd no axe to grind with O'Brien.
Look! I'm sorry.
I woke up this morning and it's just I can't think straight.
It's all right.
It's perfectly normal.
You'll be fine, I promise you.
I wouldn't let you go in the box if I didn't have every confidence that you'd do well.
Now, slowly, in your own time, just take us through events on the evening of the 7th.
I wasn't very popular with the other lads, so I thought it best all round if I give it a miss, the run ashore.
I just done my weights and then I thought I'd grab a shower.
I suppose I went off about 1945.
How busy were the showers at that time in the evening? There was nobody about.
It was quiet.
I must have been in the showers about half an hour, washing, drying my hair and that.
Then I went back to my mess about 2015.
I saw Lt Kinross had left a book he'd promised to lend me.
I read that for about 10 minutes.
Then I smelled smoke from the next landing.
So I went and had a look.
And when I saw what had happened, I raised the alarm and tried to contain the fire.
I can't see what you're worried about.
Just tell the court what you've told me and you'll be fine.
With respect, ma'am, you're not about to call me a liar, are you? You want my advice? You must do what makes you happy.
You're a gifted advocate, Julia.
You're also young and very beautiful.
Steady on, Peter.
I'm quite sincere.
Look, whether it's this chap, or We will lose you to someone.
One day.
If If I did decide to go I know you had reservations about admitting me into chambers.
I'd hate to feel that I'd let anyone down.
Don't deny what you want for the sake of appearances.
Bugger the sisterhood.
You've nothing to prove, you've done it.
Gel off the treadmill before you end up like all the rest of us.
Rest of you? When I was up at Caius, I used to write poetry.
Doggerel in the main, I don't doubt, but no less valid for all that.
Now I write advices.
Don't sacrifice real life on the altar of career.
I thought career was real life.
Real life? I prosecuted a boy the other week.
One of four children, each with a different father.
He'd murdered the youngest.
Terrible case.
But as he stood there in the dock, shoulders hunched against the sentence, I suddenly realised, this shabby, venal, malnourished scrap of humanity had experienced more in his 15 summers You understand? He was more alive than I shall ever be.
Peter, that's not true.
You're Going through the motions.
Oh, I have the club and Jeremy to keep me amused.
You know why so many of us are obsessed with good music, art, literature? We've forgotten how to feel.
We have these empty spaces which we try to fill with someone else's experience, someone else's passion.
Peter Dear girl, if you decide to leave, then you go with my blessing.
River Court won't be the same without you, but we'll bear the loss all the easier if we know he's the right chap.
TANNOY: All passengers for flight NA407 please make their way to departure gate 4.
MILLS: Lt Kinross, when you raised the issue of the practical jokes and the bullying with Commander Pilgrim, what was his response? He He said he would talk to my appointer and get me relieved early.
Yes.
You were to be relieved early.
Hardly a ringing endorsement of your abilities, was it? My ability was not in question.
Then why should Commander Pilgrim want you landed from his ship? He er He felt that by interceding on Jones's behalf I had somehow compromised my authority.
MILLS: Well, let's look at that You were clearly unable to divorce your friendship with Jones from your right and proper duty.
LT KINROSS: My right and proper duty was to the ship's company.
If anyone in Chief Evans's section had come to me with just complaint, I would have listened and acted accordingly.
Can I have your ticket, please? TANNOY: This is the last call for passengers boarding flight NA407 to Nairobi.
CHECK-IN WOMAN: Can I have your ticket, please? Is something wrong? Now, this lighter of yours, a present from Vice-Admiral Kinross, I understand.
From my father, yes.
A 21 St birthday present.
Of considerable sentimental value.
Some, yes.
What steps did you take to recover it? How do you mean? Did you go back to the bar where you lost it, ask if it had been handed in? No.
Did you ask after it on the base? No.
The wardroom? No.
Did you pin a notice on the board offering a reward? No.
No? So, here we have a lighter, of some sentimental value, a 21 St birthday present from your father, no less, and you make no attempt to recover it? - None? - (Softly) No.
- Lieutenant? - No.
No.
You had not lost it in any bar.
The truth is, you dropped your lighter on the stairs in your hurry to put distance between yourself and the fire.
That is incorrect.
Remind the court, will you, why it was you took the fire escape stairs.
I'd had to wait an age for the lift when I first arrived.
- Indeed.
For how long had you waited? - Four, five minutes.
As long as that? Yes? - What time did the last of your coaches leave? - By 1955.
Then, by 2000 hours, when Able Seaman Davies saw you arrive, Accommodation Block Hood would have been all but deserted.
Isn't that right? - Yes.
- Yes.
You see, a long wait for a lift when the block was full would be understandable.
But with it empty? There was no long wait.
You left via the fire escape stairs because you didn't want to be seen quitting the scene of your crime.
No.
Perhaps you can tell the court how Jones' fingerprints came to be found on your lighter? I can offer no explanation for that, other than I had handed my lighter to Jones on a previous occasion in order that he could light a cigarette.
And when would this have been? I don't know.
Well, it would have been before I lost the lighter, obviously.
MILLS: Obviously.
- Are you a heavy smoker, Lieutenant? - 20 a day.
Something like that You're asking the court to accept that Jones' fingerprints remained intact on that lighter, clear, unsmudged, when it was in use perhaps what, 20 times a day? is that right? Yes.
Yes.
Well, let me suggest a much simpler explanation.
Jones' fingerprints were on your lighter, Lieutenant Kinross, - because he used it to set fire to O'Brien's bunk.
- No.
Your attack upon Chief Evans' good character is nothing more than an attempt to discredit his evidence.
- No.
- As far as you were concerned, the real and the only villain was O'Brien.
To your minds, he was responsible not only for Jones having his VG conduct broken, but for Commander Pilgrim requesting your transfer.
That is not the case.
You involved yourself in transporting the men to town for one reason and one reason only.
You wanted to be sure when the coast was clear.
You waited for the men to leave and went across to the accommodation block to tell Jones.
How was it? Did you keep watch while he lit the fire? - No, I told you, he was in the showers.
- In the showers? No.
That is not what you told the court yesterday during your evidence in chief.
You said that you thought Jones had gone ashore with the rest of the men.
Now, why would you think that if you were in charge of the transport? I didn't know where he was.
You've just said he was in the showers.
He was meant to go into town with the others, but I Yes, I remember.
When I When I went across to give him the book, he he wasn't there, and I Why do you now say that you thought he was in the showers? I looked around and I saw him going into the showers.
You made no mention of this when you were first interviewed.
It It must have slipped my mind.
Yes, well, that aside, if you saw him go into the showers, you could have given him the book then, couldn't you? Your chronicle of naval battles.
So, why didn't you do just that? I It doesn't add up, does it? I I No, it doesn't.
I saw the fuel the lighter fuel on top of Jones's locker.
I just saw it when I went in to drop off the book.
I er I don't know Something All I could see was O'Brien's stupid leering face.
I just I just wanted to pay him back for getting me landed.
I I only meant it to be his bunk.
Pictures of his kid, something to hurt him.
But it got out of control and I panicked.
Lt Kinross, are you saying that you set fire to O'Brien's bunk alone? I thought about warning Jones, but Well, he would have seen me.
I'm sorry.
It was stupid.
DRISCOLL: Ralph Edmund Gordon Kinross, the court finds you guilty as charged.
Patrick William Jones, the verdict of this court is that you are not guilty.
Mr Kavanagh, will you be offering mitigation on your client's behalf? Beyond his service record and social report, no, sir.
The court will adjourn and consider sentence.
CLERK: Court, rise.
I'm sorry.
I was wrong to mislead you.
Ler I acted foolishly and it's only proper I should bear the consequences.
I'm just sorry to have dragged Jones into it.
Service means everything to him.
It's not completely without meaning for you.
We had a good case.
I really thought What happened? - What went wrong? - Nothing can be gained from raking it over.
We'd been through it all in con.
What was different about today? We were so close.
There was only .
Jones's evidence to be heard.
You didn't want him to go into the box, did you? Why? What would he have said? When you went across to that accommodation block it wasn't to take him a book, was it? You were together.
When the fire started, you were together.
I couldn't let him go up against Mills.
You do understand that? I realised that Well, if If he'd admitted that at the time the fire was started, he was in my arms You had a defence.
You can't defend the indefensible.
I mean, in the eyes of In the eyes of some, there's worse things than arson.
In certain knowledge of the consequences, rather than reveal that you were lovers, you took full blame for a crime neither of you had any pan in.
Surely the truth The truth would have meant his career and mine.
Greater love? Something like that.
The court, having found the accused guilty of the offence charged in the first charge, adjudges him, the said Ralph Edmund Gordon Kinross, to be imprisoned for the term of four years, to be dismissed from Her Majesty's Service, to be under stoppages of pay until he has made good the sum of £3,000 and to suffer the consequential penalties involved.
TREDINNICK: In considering sentence, the court has taken into account your prior good record.
However, this was a very serious offence.
Your selfish action put lives in peril and, but for your good fortune, you might well have faced charges graver still.
Furthermore, knowing full well that you and you alone were responsible for this act, you remained silent and allowed the probity of another man, your co-accused, to be brought into question.
You could have spared MEM Jones this ordeal, but you did not.
You have undermined the status and position, not only of the officers of HMS Merlin, but of all officers in the service.
You are a disgrace to the Royal Navy and to your family.
I will not waste further words on you.
VICE-ADMIRAL KINROSSI Helen! Can't win 'em all, sir.
No hard feelings, eh? The reputation of a good man was destroyed today.
Are you content? A good man? Kinross? Young Rafie.
Well, I shouldn't set too much store in what he's got to say, sir.
Got more flannel than a pusser's blanket.
I think we both know who set that fire, Mr Evans.
Do we? Oh, yes.
You see, there was someone else keeping a weather eye on those weekly trips ashore.
Watching, planning, waiting his moment.
He knew that once the accommodation block was empty, Kinross would go to see Jones.
And he knew why.
He knew a lot, this chap.
He knew Kinross's lighter wasn't lost, certainly.
That Kinross had given it to Jones as a gift a token.
So, that evening, while they were elsewhere, he stole the lighter and fuel from .
Jones's quarters.
Having started the fire, he left enough incriminating evidence for the regulators to find and then stood outside, waiting to chance upon Kinross leaving the scene of the crime.
Now, why would someone want to do that? Because he wanted Jones.
Physically.
For his own gratification.
Only Jones wasn't interested.
And for a man used to being obeyed, that was more than you could stomach.
What are you going to tell, eh? I mean, what can you do? Nothing.
You can't do nothing.
Not without finishing Jones, as well.
No.
No, that's something you've relied on all along, isn't it? They couldn't admit to being together that evening.
Well, at least Jones is beyond your reach now.
You lost.
All your books and all your talk and I beat you.
You got a proper goffering.
You come down here thinking you can take on the Royal Navy.
You're not fit to wear the uniform.
You have no honour.
The Navy always protected the weak from bullies like you.
How you survived so long, I don't know.
All I can say is, thank God there are better men in the service.
Mills, Driscoll Oh, yeah, they'd be right up your gangway, wouldn't they? Real pusser officers.
All gentlemen together.
I come from the same place you do, and so does Jones.
Decency, courage, honour, they don't come with a silver spoon attached, so spare me your offended working-class sensibilities.
You bloody civilian.
I mean, what have you ever done to defend your country, eh? Nothing.
You've done nothing.
Well, you look at my face, the pain.
My hand, the scars.
My body.
My body's scarred and you dare tell me I've got no honour.
These scars are my honour.
I I had a friend.
Sub Lieutenant.
We were good pals.
Inseparable.
He had honour enough to spare.
Got burnt.
He was lying in my arms when he died.
They wouldn't even let me be in the Honour Guard to bear him to his rest.
Officer, see.
Officer.
His wife got the medal and the glory, but who tends his grave now that she's remarried? And do you think what you've done here honours his memory? You people.
I'd like to see you burn.
Burn.
All of you.
Burnt to ashes.
How are you doing? I've never been so scared in all my life.
I'm sorry.
I just want to see Lieutenant Kinross for a minute.
PROVOST MARSHAL".
Mister Kinross now, lad.
- It's all right, Provost Marshal.
He's with me.
- A minute, then.
- I'll leave you.
- You go, sir, I'm afraid he goes.
KAVANAGH: I'm sorry Sir For the best.
You understand.
Make a go of it, Paddy.
PROVOST MARSHAL: Time to go.
So little love.
Which would you rather, if he were your son? Would I rather my son went to prison for something he didn't do, than walk free? I'll take the latter and damn what anyone else thinks.
A little tolerance? What's to tolerate? We're all at each other's mercy.
You start with one minority who's next? (Clock chimes) Well, we'd better get a shift on if we're going to get that quarter-past.
Er actually I said I'd have a drink with Driscoll.
It's just a drink.
When you were a girl, I bet the boys you liked could be told by the bruises on their arm.
Well, I shall retire gracefully from the field.
Look after yourself.