Criminal Justice (2008) s02e04 Episode Script

Juliet's had her baby.
- A girl, in case you were wondering.
- At the trial, - you'll be cross examined.
- By Mum? - What does Jack say he did to you? - He raped me.
- And he didn't? - I didn't say no.
- You won't be in the witness box.
- Does it have to be like that? It doesn't sound like Ella.
- You're 13 years old.
- He's my dad.
Six hundred quid in his pocket.
What does he do with that kind of cash? - I gave it to him.
- The baby will go into temporary care.
Oh, no, there's no way we're taking the baby.
That's too much to ask of my family.
- Have you interviewed Juliet's friends? - She hasn't got any.
- Doesn't that bother you? - I did it for you.
You know what worries me? What she'll pull at the trial.
Juliet, the victim.
If you want to keep your baby you need to get off on the murder.
I love you.
Do you know what I'm doing? I'm writing up the defence statement.
Months late, of course.
- What's new? - It's taking me a very long time.
And do you know why? Because I've got my jury head on.
And what am I saying in my jury head? "Where's the story, Jack?" How was this woman provoked? For how long? What abuse? What has he done to her to cause her to react with so much violence? She said she was raped.
But she hasn't told us anything about it.
She just about says it happened.
Well, compare that to how clear Jane the grass is on Juliet's admission that it never happened.
You're talking about rape as Talking about rape and poor Juliet is off the pace, and why shouldn't she take all the time in the world to understand what's happened to her and then maybe when she's ready I'll tell you why, there's a week to go.
She'll get there.
I'll get her there.
We can't wait any more.
What have we got? We can smear Joe a bit and suggest that Ella is too young and too traumatised to understand everything properly, but what will a jury say? "The incredibly bravechild hasn't got itexactly, precisely right? "And yeah, maybe Dad is a bit odd around the edges.
" So what, Mum walks? Really? - I think you're oversimplifying things.
- And you've lost all perspective.
I'm the only one with perspective! I'd let my personal feelings get in the way of my professional thinking? I think you have.
I have to get a jury to see that Juliet Miller absolutely had to, absolutely had no choice but to do what she did.
And at the moment, the people that I rely on, the defendant and you as my instructing solicitor, aren't giving me enough to do that.
You're frightened? I'm terrified.
Do you know why? Because I believe that Juliet Miller is not guilty of murder.
But I know that I can't make a jury see it, not the way things stand.
An innocent client you can't get off, it's every barrister's worst nightmare.
Just get me Juliet! We need a victim, and she has to be talking.
Where did you get this? Who is it? What do you mean? Who is that woman? It's me.
That's the mother I want your baby to have.
You've got a choice now, Juliet.
Talk to me, help me, tell me about what Joe did to you, and we've got a fighting chance of getting you off on the murder.
How long would I get? You'd be sentenced for manslaughter only.
How long would I get? I've known a number of cases like yours where abused women get probation.
Time's up, ladies.
Were you on duty when Angela Spencer killed herself? Well, what the hell were you doing? I knew Angela Spencer.
And she was funny and smart.
Did you know that? And she was damaged.
It was staring you in the face and you weren't looking.
I hold you responsible for her death.
- Let's go.
- Take your hands off me.
We're going to calm down and leave right now.
Leave her alone.
You get to know about prisoners and the ones that might not be guilty.
There aren't many.
You're not one of them.
Morning, evening.
Morning, evening.
Before he goes to work, when he gets home from work.
Matching pairs.
What do you notice about them? Nothing changes between morning and evening.
So He knew what she was doing without being there.
Maybe the defence would make something of these.
Do you mean in a good way? For them? For the truth.
Let me know what you think, Flo.
About serving the photographs.
What is it about this case? Before I came here, I did five years in the Medwaytowns locking up paedophiles.
You knew what you were doing.
Nice and clear, good and evil.
Lock up the bastards, protect the children.
Why did you leave? A woman.
She was protecting her boyfriend.
He was getting her five-year-old daughter to jack him off.
I looked into her eyes, and the only thing I saw there was defiance.
I slapped her.
I'd never hit anyone before, in the job or out.
There was a trial and she was acquitted because the jury heard about her mistreatment at the police station and stopped listening to the evidence.
Is that why you left? She came to see me afterwards.
She'd been raped repeatedly by her father from the age of four.
Oh, God.
No, no.
I'd heard it all before.
It wasn't new to me.
This time, I really heard it.
And that afternoon, I went down to the river, and I felt something new.
What was it? Doubt.
Is that a good thing? I'm hoping it's a good thing.
- Be careful how you talk to her.
- We've agreed to the questions.
I'm talking about tone.
Just because she's given a witness statement to the police, doesn't stop me talking to her any way that I like.
It's my job to protect her best interests.
You think I'm going to bully a 13-year-old girl? - The police had the same warning? - That's different.
So, is it a good thing for a 13-year-old girl to give evidence live in a witness box about the violent death of her father? Who decided that was in her best interests? I haven't even told you my name.
It's Jack.
Your mum took anti-depressants.
- Did you know about that? - Yeah, Dad told me.
How old were you when he told you? About ten.
Did that make you feel closer to your dad? We understood each other.
Is that your phrase? - What do you mean? - I dunno.
It sounds a bit grown-up.
Is that one of your father's expressions? He said I had to be more like the mum.
And were you? Did you keep secrets from your mum? She didn't know I was looking out for her.
Is that another of your dad's expressions? Yes.
What are you getting at? You were like a team, the two of you.
Looking after poor Mum.
- He told me what to look out for.
- Such as? Checking who she was phoning and stuff like that.
Why? When someone is depressed you have to help them.
And to do that you have to know everything they're doing, check who they're phoning and why.
Right.
So, what did he want? He needed to talk to me about these.
What about them? Dozens of matching pairs.
But these two are the only pair that's different and they're taken on the day of the crime.
OK.
Right.
This is your logic.
You ready? She went to see Doctor Rose.
She came back.
She had a shower.
Joe knows she had a shower.
Now, where does your logic go? I'm not talking to you if you're like this.
So now what, he's jealous? Is that it? He doesn't like his wifegoing out? So what does he do? Does he kill his wife? No.
Oh, look.
She kills him.
Maybe you're not the right person to ask.
What does that mean? No, no, no, no.
What does that mean? Sorry.
Why don't you leave her alone? You must be Kate.
Oh, I wish I could.
But it's not as easy as that.
- Yes, it is.
- What do you mean? She saw her do it.
What else is there to talk about? Saw who do what? Her mum stab her dad.
Is that what Ella told you? I don't want to go back.
You'd rather be here? In prison? My lawyers say I'll get a minimum of ten years.
I'm going to lose her.
You love your baby? So, you must do whatever it takes to keep her.
'Hello.
It's Ella.
I'm out and about so I can't take your call.
Please leave a message and I'll call you back.
' 'Hello.
It's Ella.
I'm out and about so I can't take your call.
Please leave a message and I'll call you back.
' Dad! Dad! We served the photographs.
- We? - The CPS.
This morning.
On your advice.
Your wife was helpful.
But they're part of the schedule of unused.
The defence could spotted it and asked to see them.
Why make it easy for them? Give everything to the jury.
Let them decide.
No.
That's not it.
We fight for a conviction, they fight for an acquittal, no quarter given, then a jury decides, which is a completely different thing.
Is it? Everyone on both sides has to fight properly.
You go off the rails, you start going after the truth, the whole thing's destabilised.
Being certain like this, nailing suspects.
We are not prosecutors.
So, then what? We pussyfoot around and then what? Things are hardly ever black and white.
The system wants it to be that way, because they are desperate for answers.
Guilty or not guilty? Good or evil? The truth is grey.
It's all grey.
You have to sign up for the system or you're lost.
It's a fight or it doesn't work.
Anything else is playing God.
You want that? You go and live in France.
I made lots of mistakes.
I left water boiling, baths running, the gas on.
I needed looking after.
He made me feel safe.
There's all the difference in the world between care and control.
They feel the same.
People looking in from the outside may mistake one for the other, but that is the trick, that's what abusers do.
He had to check all the time that I was doing what I was supposed to do.
What were you supposed to do? Take my medication, washing Is that what you think these photographs were for? He rang whenever he could.
He even used to text me from court.
I mean, can you imagine if the judge You see, that's how much he Cared for you? Right.
These were taken morning and evening on the day it all happened.
What do these two pictures tell us? I don't know.
Right.
What did they tell Joe? That the lid's off, on the bottle.
I didn't put it back on.
I should have.
You should have put the lid back on the shampoo bottle? So Joe wouldn't see it? What, is he - against lids being off? - No.
Well, what then? Daytime showers? God forbid he should find out that you had a shower.
Care or control? I went to see Ella.
- Why? - Why do you think? Ella had to help Joe.
I saw the way she looked at him and I knew they were And what did I do? What's wrong with me? Nothing.
You were sexually and emotionally abused by a man who had complete control of your whole existence.
Is that a question? Yes, it is.
What's the answer? It's OK to say "Yes".
I promise.
Yes.
You didn't tell me that you were helping the boss about serving the photographs.
Didn't I? What's he thinking of? You're a DS.
He's the boss, for God's sake.
- Maybe he's after the truth.
- Why? I don't know, Chris.
How about as a basis for living your life? OK.
Just remember what she did.
You know, sometimes we get lost in the detail.
What does it feel like, doing what she did to another human being? What would I have to do to make you stick a knife in me, eh? What would that actually be, Flo? Stop bloody eating, can you? The photographs.
I don't like them.
They scare the hell out of me.
Trussler.
Come here.
Top five in thePremiership last season? Manchester United, Liverpool, Chelsea, Arsenal, Everton.
- How many points did United finish? - 90.
Have you got a girlfriend? Do you beat her up? Non.
No.
You don't.
He doesn't.
You see, men are anoraks.
Being an anorak doesn't make you a monster.
The fingerprints on the 20 from the drug dealer.
- You understand what I'm saying? - Yes, I do.
This has to be true, what you're telling me now.
I have to have that from you, 100%.
Joe Miller had nothing to do with drugs.
The money? I gave it to him.
It came from a hole in thewall the lunchtime before.
You can't lie to me on this.
You know what I'm saying.
On my Goddaughter's life, I gave him the 600.
And there's 620 in all.
That's all I know.
Hey, listen.
I told you I'm not the man.
Bullshit.
I'm just a younger.
Let's be very crystalclear about this, shall we? You're in three months of surveillance logs.
Drugs squad know every breath you take.
- .
I swear - Now, do you know what? I don't care.
What? You give me the answers I want I don't care if you're the man or if you're nothing.
Running man.
Qui ? - Get off me, man! - The running man.
On the canal.
Don't piss me about.
Is he in this or not? No.
So why does he have your money in his trouser pocket? I sponsored him.
You sponsored him? For the marathon.
I felt like I knew him.
He used to run past most days.
What's funny, man? That has to be true.
That just has to be true.
- How much? - 20.
Good boy.
So what are you going do with me? Are you OK? Are you cold?No.
I've been thinking about your sister.
He'll never see her.
No.
I don't believe in God, so I can't believe in any kind of life after death.
But I do believe that we live on in some way through our children.
I mean, Joe is in you.
Isn't he? He's part of you and he'll be there in your new baby sister, too, won't he? - RM? - Stands for Running Man.
That's Joe.
He's there almost every day.
My God.
- Well done, sir.
- Oh, thanks.
- We shouldn't have done that.
- What? - Sat on the sofa and watched a film? - Well, it's a bit happy families.
We are a happy family.
No.
Why should I? For goodness sake, Dom! Do you know what I think? He was much too good to be true.
He was a zealot, wasn't he? He prosecuted people with such passion.
What the hell is that? And we'd sit around and laugh at all their rubbish defences.
- Don't you think - She might hear you.
I will not be silent in my own house.
You're like a mouse.
What's the matter with you? Tiptoe-ing around.
- I'm just trying to be careful.
- They did it to themselves.
I will not have it destroying us.
We didn't kill anyone.
Norma, it's me.
I want to see my sister.
Do you want to hold her? Is she OK? Yes.
We've got a lovely room.
It's just the two of us.
You'd really like it.
- Do they check on you? - What do you mean? During the night.
Do the prison officers check? - I don't need that kind of - I meant the baby.
- Ella - The judge said you were a risk.
Listen to me.
There are reasons for what I did.
There are reasons, but at the same time I am very, very sorry.
What reasons? I miss him so much.
- Just like you do.
- What reasons? Why did you kill Dad? I've thought of a name for her.
Jo.
What do you think? Juliet! I have to call my solicitor, Jack.
I need help.
Juliet, you need to calm down.
I have to call her.
Please? Roll over, baby.
Roll over for me.
It wasn't my fault.
No.
It was him.
Yes.
What's happened to you since we last met? I saw Ella.
She doesn't understand.
I want her to know.
OK.
There are consequences to signing up provocation as a defence.
Joe isn't here.
We can't put it to him in the witness box that he was abusive.
So it has to be established by cross examining other witnesses.
Who? Those people who knew Joe.
Who? Ask anything you want.
Don't be intimidated.
We want you to be familiar with everything so it's not strange when you're here for the trial.
Horse hair.
Do you want to feel it? When I was at the Bar, I had a second hand wig.
Made around 1750.
What do you make of that? Did you meet my dad? Yes.
Many times.
Was he good at his job? You'll understand if I can't really speak about him.
It wouldn't be fair.
- On who? - Everyone.
I haven't told Ella about screens in court.
There's a screen we use so that when you're in the witness box only the jury and the lawyers and me will be able to see you.
I don't want it like that.
I want it as it always is.
I want everyone to know everything.
Do you like fish? Mum used to bring me here.
When? Before she was depressed.
Imagine the dandruff in a 300-year-old wig.
Dad used to put talcum powder on his.
Do you think they're itchy? Horse hair must be scratchy.
"Do you like fish?" Why don't you go and play on the swings, Ella? So you can talk about me.
Yes.
I had a child recently who gave himself a brand new name.
VTM.
You know what that stands for? Nothing.
It's an acronym that doesn't stand for anything.
He thinks he should have one for himself.
What's his real name? - Stamford Bridge.
- That's his name? His big brother is called Wayne.
I don't think you should speak to her again.
- Difficult visit with Mum.
- It was a great visit.
I was there.
It was not a great visit.
It opened Mum right up.
Well done, Ella.
We're probably after the same thing, you and me.
What's that? Mother and daughter together.
Am I right? I told the CPS about the drugs surveillance logs.
What did you say? I told them how important it was that the defence get disclosure right now.
Right.
Good.
You know how slow they can be.
I don't want us being criticised.
Have a look at this.
RM is Joe Miller.
Right.
Well, you are now in a position to tell a jury that squeaky clean Joe Miller takes money from drug dealers on canal towpaths.
Right.
Proving what? I'm not against slinging mud about.
God knows I've done it and with a jury at Snaresbrook in some knockabout trial, you get off if you make a copper look even a bit muddy, bugger the evidence.
- But this is very different.
- It's very good mud.
It's very good mud but at 10 o'clock tomorrow morning this trial starts.
And I feel like I'm going in there naked with a mud pie in each hand.
Blimey! - Wig on or off? - Wig on.
Nothing else.
"How did it feel to be raped by your husband?" "What were you feeling as you were walking the stairs carrying that knife?" "What did you leave your daughter to deal with the blood and horror?" And the one that really counts.
"Why?" Where are you going? Night of the crime.
You've got a chance with this one.
You know that? Most women who come through here, not a prayer.
You'll need a bit of luck with your jury.
Women won't buy it with provocation.
"Why didn't she walk away? I would have.
" You need lots of men and preferably ones that fancy you.
You look great.
Thank you.
Morning.
There's CCTV footage.
I haven't seen any.
Her street, the hospital, points in between.
Can you get it for me? I find the way you lot suspend personal judgement really moving.
The cab rank rule really moves me.
What other profession is there where you could take a job to throw a bucket load of shit at another member of the same profession who is very recently deceased and not blink an eye? And no-one even criticises you for it.
That's amazing.
Tell your solicitor to keep away from my God-daughter.
What do you want? Do your clerks give you the heavy work as well as the rapes and the girly stuff? I'm sorry? Put it this way.
Would they have put you up for this if it had been down to them? You don't intimidate me.
The answer's no, then.
- You can't look like this.
- Why not? The jury will read you wrong.
It's not how they expect a victim to look.
Does Ella have to give evidence? What do you mean? I heard from someone in the prison that sometimes witness statements are just read out to the jury.
That's only if we agree with everything she's saying.
And don't we? Let's wait and hear what she says in her evidence in chief.
Then we can decide what to do next.
Or rather, you can.
It will be up to me? It'll be up to you.
I had a judge once.
He wanted me to sing Jerusalem and piss in his mouth.
I don't know the words so I sang the national anthem instead.
He didn't mind.
He was fine with it.
Thank you.
Is she all right? Just remember, she's not like any other client.
Abused women are different.
- Juliet Miller.
- Nick.
Also known as the bitch who murdered the second best prosecutor at the Criminal Bar.
What would you take? Just out of interest? Plead to the murder and I'd take my steel toe caps off before opening it to the judge.
- Cold feet? - No.
- It's a fight.
- Looks like it.
I'm so glad.
I'm looking forward to cross examining Frau chilly knickers.
- When did you get silk? - Last year.
Youngest ever, weren't you? 9-3.
You're in trouble.
All rise.
Where's your junior, Miss Klein? Here, My Lord.
You're the solicitor.
With my HRA.
This is a murder trial.
The whole point of a junior is that they're able to step in and take over should the need arise.
I can assure you, my Lord, and the jury, I'm here because I know what I'm talking about.
About ten minutes, we think.
Is there anyone there? Just pick up the phone.
Help! He's really bleeding.
I'll be able to help.
Hello? Are you still there? Mad Whatever you do, don't pull the knife out.
I'm sorry, sorry.
I took it out! I took it out! It's OK.
I want you to apply firm and even pressure to the wound.
Help is on its way.
That's fantastic.
You're doing really, really well.
Don't move him.
Just keep that pressure on.
Please, Daddy.
This is the knife that Juliet Miller used to murder her husband, the knife that Ella Miller pulled from her own father's abdomen.
The defendant doesn't deny she stabbed her husband with it.
She will seek to persuade you that Joe Miller provoked her.
You will hear evidence from the prosecution which will establish that this defence is a sham, that this woman, on this night, murdered this man with a clear mind and an evil intent.
Some of the evidence are disturbing or very distressing, so I must ask you to please, remember.
It's the evidence that matters and not how emotional it makes any of us feel.
Use your common sense.
And when you do that there is only one verdict you can properly return.
Guilty as charged.
I'll call Ella Miller.
Put your hand on the Bible and read this.
I swear by almighty God that I will tell the truth, the whole truth and nothing but the truth.
It was dark.
I couldn't see very much.
They were making funny noises.
Can you tell me what sort of noises? Any actual words, Ella? Whose? My dad's.
What did he say? He said "I love you".
How can you be so sure of this? I'm sure.
Why? Because it's the last thing I ever heard Daddy say.
What did you do next? I went Do you want to stop for a minute? Right.
I did the wrong thing.
Well, you were incredibly brave and you did everything you could.
I pulled the knife out.
He would have been alive if I hadn't.
Wouldn't he? Dad tried to make everything easy for her.
How? By making sure she knew what she had to do every day.
- Was he ever angry with her? - Never.
Did he shout at her? - Did he ever hit your mother? - No.
Did he ever threaten to hit your mother? Have you spoken to your mother since the night of March 9th? She said she did it for me.
How does that make you feel? Like I'm dying.
Did he say "I love you"? Is Ella wrong? She's not lying.
She thinks she's telling the truth.
Which might be why she says she saw you stab Joe when she didn't.
- But she didn't say that.
- She didn't say it in court.
But she told Kate exactly that.
Kate told me.
So, what do Sorry.
I don't understand.
It's allright.
Can we just A word inside.
What's the thinking here? Go after Ella? The jury are going to love that.
I think our instructions are clear.
Joe didn't say "I love you".
Ella didn't see her mum stab her dad.
Ella is giving the Joe story.
We need to bring it round.
- The jury were close to tears.
- You've got no choice.
You have to give our version to Ella.
Rules of evidence, Anna.
You do it.
- Do what? - You cross examine her.
The jury will dislike you, not me.
And that's something.
I'm going to be gentle with her.
Promise? You stop me any time you want.
OK? Miss Woolf isn't wearing a wig because she's a solicitor with rights of audience.
But, you must not think of her as being in anyway inferior to Mr Holloway.
Yes, Miss Woolf? You loved your dad.
And you looked up to him? He was quite tall.
You trusted him.
He was my dad.
You've been seeing Gillian.
She's a psychiatrist, isn't she? She's been asking you to remember good things about Joe, your father.
What kind of things? - I don't want to tell you.
- Why not? They're mine.
Well, we don't need to know what they are, these good memories.
But the purpose of recalling happy memories is to help you get rid of that horrible picture you were confronted.
Is it working? I think so.
So, with Gillian's help, you're rubbing out the picture of that night from your memory? I think we get the point.
Were you frightened of your mum? - Did she ever shout at you? - No - Did she hurt you? - No.
Did she ever threaten to hurt you? - Why are you smiling? - I know what you're doing.
- What am I doing? - Copying him.
Did you ever see your mother threaten your father? - He said she might be violent.
- He said that? He knew it from his work.
I have to tell him if she was doing anything she wasn't supposed to do.
Wasn't supposed to do? You don't know what she was like.
She kept breaking things and forgetting things.
She was hopeless.
She wasn't safe.
- We helped her.
- You and your dad.
Right.
I'm going to ask you some difficult questions.
I have to do it.
Do you understand? I think you've been through a terrible trauma and what you believe might be different from what happened.
You didn't hear "I love you.
" He did.
I'm not lying.
No-one's suggesting you're lying.
That's what you want to be true.
Did you tell your friend Kate that you saw your mother stab your father? Is that the truth? Yes.
I saw it.
Will you read this? This is what you told the police about what happened.
Were you telling them the truth? Did you tell them everything you remembered? Now, is there any mention in that document of you seeing your mother stab your father? There isn't any, is there? Which version is it? They can't both be true.
Leave her.
Just one more thing then I'll stop.
Is there any mention in there of "I love you"? He loved her.
I know he did.
You see that's what happens.
That's what happens.
You want it to be true and you want it so badly you've written it in your memory.
Mum.
I'm fine-tuned to spot the victim of abuse.
Juliet Miller is not what you think she is.
I believed in you, from the start.
This is the end now.
This is where you do it for yourself.
You left your 13-year-old daughter alone, with her grievously wounded father.
What kind of a woman are you?