Law and Order: UK (2009) s03e03 Episode Script
Defence
In the criminal justice system the people are represented by two separate yet equally important groups - the police who investigate crime and the crown prosecutors who prosecute the offenders.
These are their stories.
Those were his exact words.
I thought, what I am doing with someone who objectifies people down to numbers? Besides which I'm an 8ý - ask anyone.
Maybe an eight when I had the braid but I won't make that mistake again.
And he thinks he's a nine? I know.
With those chicken legs.
From now on I'm just going to concentrate on me.
Take some time to think about what I really want.
Good for you.
OK, ciao, bella.
See you later, babes.
All right, hungry people! Come and get it! Three dead and one serious head injury.
Joanne Ellis, one of their customers.
She's in a bad way.
Right, OK.
What's this, age before beauty? Something like that.
Joy? I take it you're here for the tour.
Kelly Scott, one of the sales assistants.
Only started yesterday.
And this one's a customer.
Driving licence IDs her as Linda Bowers.
Works in a cake shop nearby.
That's the owner, Steven Marx, been trading just under a year.
Who found them then? The other sales assistant - Paul Dean.
Came back after his lunch break.
And got the fright of his life.
Mm.
So, what is this - some sort of glorified charity shop? Vintage designer, apparently.
Not your average tat.
Blimey, I'll say.
Look at that.
old threads.
You're looking for a masked man.
May answer to the name of Zorro.
A sword? You've got some really deep stab wounds, not to mention a lot of wild slashing and gashing.
Shame the cameras are dummies.
Must have been quite a show.
So, we're looking for a homicidal maniac wielding a sword in a public place.
What a nightmare.
I was gone to meet a friend.
I was only gone 30 minutes.
Has yourhas your boss been having any problems with anyone lately? Steven? No, don't think so.
We had this couple in this morning but What couple? Italian.
I thought they were tourists.
The bloke got me unchaining the leather jackets.
Steven caught the girl putting stuff in her bag.
Started shouting in Italian.
Then what happened? Steven said he'd call the cops and they legged it.
OK.
Have you got a description for us? Eryeahum She was a sort of young Nancy Dell'Olio.
He was a turned-down Mika.
I don't get it.
Why would someone do this? I don't know, son.
I really don't.
The DI's called a press conference asking for anyone in the area to come forward.
That's handy.
Just a few thousand tourists and shoppers How come we've got no witnesses? Precisely.
Whoever it was must have been covered in blood.
And they were carrying a bloody great sword.
Matt, this city is full of people walking around with blinkers on.
Covent Garden is full of people standing around in gold paint or fire-eating.
He might not have stood out that much.
And he's still out there.
Which is the scary part.
Devlin.
Ang, you're a star.
Gianni Patrone and Lia Rossi.
Picked up outside Selfridges with six grand's worth of designer clothing.
And we're sure these are the same two? Your witness ID'd them.
Apparently Ms Rossi's dress is one she stole earlier.
But I'm not getting homicidal maniac, that's for sure.
Me neither.
But there's just a chance they saw something.
Though up to now they've not been very co-operative.
Let's get in there, give them some encouragement.
Whatever it takes.
Commissioner Callaghan wants hourly updates and once the media frenzy starts our job'll get even harder so anything you can get out of these two.
Anything at all.
We'll talk to 'em.
Do we need an interpreter? I doubt it, they're from Enfield.
I'm telling you, I didn't see anything and I didn't hear anything.
But you admit you were in the shop.
And you threatened Steven Marx.
Threatened him? Shut up.
And less than two hours later he was dead.
Maybe you went back there, you thought he'd identify you from the CCTV tapes.
Tapes? What tapes? Are you new? The cameras aren't even real.
Three people.
Three people, Gianni, left lying in their own blood.
One girl's head was nearly severed from her body.
I know, OK? I told you, we had nothing to do with that.
If we'd been there half an hour later that could have been us.
You any idea what that feels like? Must be terrifying.
So I'm asking you again, where did you go after you left the shop? I told you, I don't remember exactly.
You ended up in Oxford Street.
Did you go straight there? I'm not sure.
I don't care if you turned over half the shops in Covent Garden, I just want to know where you went.
Lia, what about Gianni? Was he with you all the time? Gianni's the last person you should be harassing.
Who would you suggest? The crackhead in the alley for a start.
What crackhead in the alley? A total nutter.
Kept banging his head against the wall.
So, what do we think? About the convenient crackhead? It's about the only bit of the story they agree on.
Get on to all the drop-ins and shelters with a description.
If these two can't pick him out of WADS then get them to do an E-FIT.
And keep them apart, yeah? Strictly no conferring.
Not exactly twins but they could be related.
They could also be half the homeless guys in London.
Can Forensics narrow it down? Apparently not, guv, the prints were just a mass of smudges.
But they have come up with a profile of the weapon.
A single-edged blade, probably military.
Comparisons were run.
The closest comparison they do have is a US-Army-issued bayonet circa Just a sec.
Chandler.
Oh, great.
Thank you.
Joanne Ellis has regained consciousness.
Just give her some time.
OK.
The blade ripped her scalp and dug a trench in her skull.
Joanne, umwhen the woman screamed where were you? T- t-trying on a d-d-dress.
Th-ththere-there was a woman on the floor.
A man hit me.
The man, did you see his face? Joanne.
Sorry, sweetheart, I'm going togoing to show you a picture, OK? If it looks like the man just let us know, OK? Yes.
All right? Anything? No, more of the same.
What's the word from uniform? Still going door to door.
Nothing definite to report.
Round here the homeless really are invisible.
What do you reckon? Keep on going, meet up in organic beauty? If we must.
Are you going to buy that? I wouldn't know whether to wear it or eat it.
Um, can I help? Yes, actually, you can.
We're looking for some information regarding the fatal incident in Brewers Alley.
The papers said it was completely random, that he could strike again.
Is that true? Well, we're advising everyone to be cautious, yeah.
I'm sorry, do youwould you happen to recognise this man? You might have seen him wandering around the area yesterday.
No, not yesterday but the day before.
He was standing right outside the door.
Just kept looking in.
I thought he might be watching one of my customers.
Anyone in particular? Um, a pretty girl.
Blonde.
She comes in quite a lot.
Actually, she signed up for my mailing list.
I teach yoga a couple of nights a week.
Yeah.
Linda Bowers.
Was she one of them? I'm afraid so, yeah.
Oh, poor girl.
So, it wasn't random.
Doesn't look like it.
No, our mystery man was after Linda Bowers.
Yeah, that's the guy.
The girl called us around 10ish.
Said some weirdo had followed her home.
What, from Neal Street to Southwark? Yeah.
By the time we got there he was gone.
But we did a drive-by a couple of hours later and he's standing across the street, walking in circles.
Any ID? Afraid not.
No wallet.
No driving licence.
He didn't want to give us his name.
You didn't bring him in? We couldn't charge him with anything.
So we decided to relocate him.
Sorry? You know.
Like what they do with bears.
Drove him back across the river and dumped him.
Thought at least that way he couldn't do any harm.
Bears? Are you saying he was picked up for harassing one of the victims and we still have no idea who he is? It's like he doesn't exist.
No name, no fixed abode, nothing.
Callaghan's pressuring me to release the E-FIT to the media.
Well, you know what, that might not be such a bad idea.
How many homeless guys are there in woolly hats out there? We'd be buried alive under reported sightings, not to mention the chances of the wrong bloke getting lynched.
Hello, Ronnie.
Are we keeping you from your afternoon tea? No, not at all.
Sorry, guv.
I was thinking about the bayonet.
He didn't have it on him when they took him across the river so he must have got hold of it last week.
It's not the kind of thing you find in a skip.
No reports of any bayonets being stolen in the Greater London area.
What if we went to the dealers, see if any have been carrying any unofficial 20th century items? Yeah.
Turns out Matty's got a secret stash of antique muskets.
Hm.
Do you know, I can see that.
Yeah, that sounds right.
Compatible with an M1 rifle, yeah? This was last week? OK, thanks.
You've been very helpful.
Bloke comes up to Covent Garden first Monday of the month, says he had a mint-condition M1 bayonet nicked from his stall by some homeless wanker.
Our homeless wanker? Right down to his woolly hat.
Tried to buy it with some vouchers.
That didn't work so he smashed the case and took it.
Vouchers.
Yeah, he reckons it was for some night shelter.
He had a stack of them.
Thought it was a chequebook.
That very much resembles John.
Would John happen to have a last name? We only know him as John though some of the regulars call him Zero.
As in Bravo Two Zero.
From Zorro to Zero.
Do you mean he's ex-military? No, no.
John's more a one-man army.
But he likes to wear the clothes, the boots, all that sort of thing.
I'm sorry, what is this about? Well, unfortunately, John is a suspect in a murder investigation.
John? That can't be right.
Well, has he been in recently? No, not for a few days.
The last time was Thursday, I think, for breakfast.
Do you know where he goes when he's not here? No, I'm sorry, I d- But are you certain this is the person you want? It's starting to look that way.
I'm very surprised by this.
He doesn't use drugs and he's never violent.
Sometimes he's a little confused, perhaps, but he struck me as an educated sort of man.
Not dangerous in any way.
Excuse me.
Thank you, Father.
So, sometimes he's a bit confused.
When he's not banging his head against the wall.
If he ain't a crackhead, he's a nutjob.
Yeah, I know him.
Usually wears army fatigues.
Name's John Smith.
You're kidding? It's the name he gave us.
Interesting guy.
He recognised my tattoo.
Kushta.
Means truth in Aramaic.
John always said it was the language of the common people.
So he was a regular, yeah? He was.
According to this he hasn't picked up his prescription in nearly three months.
That's not good.
What's he on? Risperidone and carbamazepine.
It's for schizophrenia.
They tried weekly injections but he'd miss the appointments.
What happens if he doesn't take them? They tried weekly injections but he'd miss the appointments.
What happens if he doesn't take them? Delusions, psychosis.
Possibly full-blown mania.
Schizophrenics aren't necessarily violent though, are they? There's always the exception that proves the rule.
Is John in trouble? Afraid so.
Do you have any idea where we might find him? Most of these guys register using the clinic address.
So how do they pick up a prescription without an ID? They have a badge with a temporary NHS number.
Although John had his nicked a while back so he just uses his Westminster library card.
He has a library card? Yeah, a lot of them do.
Some of them even read the books.
He's been in Ancient History since we opened.
Same as always.
We thought evacuating the building would arouse his suspicions.
Quite right.
You've had no problems with him in the past? No.
He just comes to read.
Right, lads, get people out as quickly and quietly as you can.
Whereabouts is he, please? He's in the far corner.
Great, thank you.
All right? Matt, he's coming your way.
Just take it easy, John.
Get away! Police, stop.
John, listen.
Drop the bayonet.
I can't hear you.
I'm not listening.
I can't hear you.
No, no, put that down.
Put that down.
Someone will get hurt.
I can't hear you.
No, no, no, no.
John Smith, I'm arresting you on suspicion of the murder of Steven Marx, Kelly Scott and Linda Bowers and the attempted murder of Joanne Ellis.
Well done, son.
Are you limping? No.
But I am a captain in Jabin's army.
I fought at Kishon River.
Calm down, John.
OK? OK? Calm down.
It's quite a system.
They drive wireless HD to work and they're still hungry.
Worse thing is after a while it almost starts making sense.
Are we sure about his name? We're running his prints through the system.
OK.
So, let's set up a video ID and get in the eyewitness.
No.
That's him.
Smith's solicitor wants him back on his drugs.
Fine, but we charge him with murder first.
So he's agreed to have a solicitor? As far as we can tell.
We've got a match on the prints.
So, why have we previously had the pleasure? John Patrick Smith.
One arrest for stalking a woman 16 months ago.
The original charge was threats to kill but the CPS reviewed it and amended it to Section 2, simple harassment.
Eh? He got a 12-month supervision order and paid 200 quid in costs.
Might as well give him a Mars Bar and a pat on the head.
What are the chances of nailing him this time? Well, do I resign now or do I wait till this hits the papers? The file says the original charge was way over the top.
And the police had no evidence to support harassment, let alone threat to kill.
And, at the time, Smith had a job.
Doing what, for heaven's sake? Marking legal exams for undergraduate exam boards.
God help us all.
His defence never referred to his mental state and the prosecution missed it.
My God.
The Home Secretary's hyperventilating.
If the press find out that we had this guy and then we let him go - Smith's solicitor's withdrawing from the case.
And so the madness begins.
He informed me that he no longer requires my services.
Who's representing him? John Patrick Smith.
MA from Oxford, Master of Laws from Cambridge.
Not to mention his PhD.
And he did mention it.
Several times.
You're not serious? Oh, yes.
The lunatic has officially taken over the asylum.
And he knows his rights.
As long as he's fit to stand trial he's fit to represent himself.
He's not fit for anything.
If he represents himself, this will be a farce.
It's listed for mention so you can bring it up with the judge.
Don't worry, I will.
Mr Steel it is usually the defence who raise the issue of mental competence.
I know, but given the unusual circumstances Very well.
Mr Smith, it says here that you have a history of schizoaffective disorder.
That's correct, my Lord.
Since the age of 23.
I'm prone to manic depression, paranoid delusions and hallucinations unless I'm taking my medication.
And are you currently taking your medication? Yes, my Lord, ever since my arrest.
And I understand you wish to represent yourself.
Yes, my Lord.
I have a first class law degree from Oxford, as I believe do you, my Lord.
Also an LLM from Cambridge and a PhD in jurisprudence.
Without proper counsel Mr Smith will be at a disadvantage.
He could also suffer another psychotic break in which case the trial would collapse, we'd be back where we started.
But, as Mr Steel is aware, that's an irrelevance.
Unless prosecution can establish incompetence at this precise moment then the trial must go ahead.
In which case, subject to medical confirmation of the defendant's fitness to stand trial, we shall proceed.
There's one more thing, my Lord.
As Mr Steel pointed out, I will be at a disadvantage.
Perhaps to level the playing field, I might conduct my defence from counsel's row.
Mr Steel? I don't think it's at all appropriate, my Lord.
The defendant is already in custody.
I will allow it.
As you say, Mr Steel, these are unusual circumstances.
A 200-page application to dismiss.
I don't know if we should prosecute him or offer him a job.
I don't understand.
Why's he not going for the insanity plea? He thinks he can prove we've got the wrong man.
That won't work.
Well, he's challenging every piece of prosecution evidence.
Prentice won't rush to dismiss against a homicidal schizophrenic.
He won't give you an inch either.
And he won't be swayed by public opinion, however vitriolic.
I'd be happier if we could find something resembling a motive.
According to Joanne Ellis' statement he didn't give any sign he even knew who Linda was.
Talk to her again.
And didn't Smith give a sister as his residential address? Yeah.
I want to meet her.
Remember, it's not just Smith in the dock over this one.
Radio? TV.
Go easy on the make-up, George.
There was lots of screaming.
There might have been words.
Do you have any idea of what those words could have been? Something like, 'Live forever'.
Maybe 'life forever'.
What does it matter what he said? The man's a lunatic.
If you'd heard him in court last week, you might not be so sure.
It said in the paper he's got a law degree.
Yes, he has.
That why he got let off the first time? Cos he was one of your own? Absolutely not.
It was nothing like that.
The trouble was the prosecution didn't know enough about him.
They knew he was stalking a woman.
The trouble was the prosecution didn't know enough about him.
They knew he was stalking a woman.
Didn't that give them a clue there was something wrong with him? Mr Ellis, I can't imagine what you're going through, you and Joanne.
I want you to know how sorry I am.
And that makes it all right, as long as you're sorry? You lot had him and you let him go.
And now my little girl - Dad.
Yeah, well, we've got ourselves a lawyer too, us and the other families.
And he's advised us to take a civil action against the police and the CPS.
You let us down, Miss Phillips, and someone's going to pay.
When I talked to my brother last month he didn't mention Linda Bowers.
He called because he'd overheard someone plotting to kill our parents.
Our parents died three years ago.
The woman he injured heard him shout the words 'life forever'.
He probably said 'the wife of Heber'.
It's from the Old Testament.
She lured Sisera into her tent with food then stabbed him through the temple.
Does this have a particular relevance for your brother? Uh.
Johnny went through a religious phase as a teenager.
When he developed schizophrenia he accused his girlfriend of putting needles in his brain.
He called her the wife of Heber.
Was he violent towards his girlfriend? He tried to strangle her in his room at Oxford.
The next day he was admitted to hospital for six months.
So there's your motive.
I only wanted to find out about his behaviour.
Oh, really? Because last time Johnny was arrested, I kept trying to tell someone that he needed to be in hospital.
That he needed supervision and support to help him stay on his medication.
But surely, given that history, there must have been some way to get him help.
And what would you suggest? Have him locked up? Have him forcibly injected with antipsychotics? Unfortunately, the mentally ill have rights too, Mr Steel.
I'm sorry.
It's just For 15 years I've known something like this was coming.
And there was nothing I could do to stop it.
It's not about money.
I won't say a trial like this isn't expensive, of course it is, but, at the end of the day, you're faced with a choice between a public expenditure that is way out of control God, 'at the end of the day'.
I sound like the Scotland football manager.
Suit looked good though.
What reaction from on high? I have been summoned for a strategy discussion.
The good news is Smith's application to dismiss has been denied.
He's pleading not guilty by reason of insanity.
He couldn't have done that from the start? OK, let's get this over with then.
Accept the plea, establish the facts, then Prentice can issue a hospital order and put Smith back where he belongs.
With no criminal conviction, he can only be held while there's a mental health justification.
So if he takes his medication he could be out within weeks.
Smith knows that.
Why else risk an insanity plea? Because he's insane.
OK, OK.
And you really think he belongs in prison? There has to be a trial.
You won't get a murder verdict if he goes down this route.
I'll talk to him.
If I get him to plead manslaughter diminished responsibility he'll get a sentence in a secure unit or hospital and there'll be no early release just cos he took his pills.
And if he won't change his plea? Look, why am I even asking? Fine.
Talk to him.
I'd be interested to know what you thought of my application, Mr Steel.
Of course, it's a long shot - Mr Smith, I'm only here to discuss your plea.
Of course.
You know, the one thing I regret about pleading insanity is that there won't be a full trial.
I'd have enjoyed the chance to really flex my legal muscles.
Three people are dead.
And a young girl has been left with horrific injuries.
That doesn't bother you? Well, obviously, I'm sorry for what happened but, you have to understand, that wasn't me, I'm not that creature.
II won't take the blame for something that he did.
You honestly believe you should walk free? I don't think I should be punished for something I didn't do and I can hardly be rehabilitated when I have no memory of committing a crime.
Assuming, of course, that you subscribe to the view that prison is an opportunity for rehabilitation.
I'm here because we're prepared to amend the indictment.
We'll accept a plea of guilty to manslaughter due to diminished responsibility.
We'll accept a plea of guilty to manslaughter due to diminished responsibility.
Is that a joke? You'd be looking at as opposed to the 25 you'd get in prison for murder.
They'll never send me to prison.
I've got a dozen expert witnesses, all of whom will confirm that I'm insane.
I wouldn't necessarily assume a jury will find you not guilty.
You killed three people.
They won't care why you did it, they'll want to lock you up so you can't do it again.
I feel that's an acceptable risk when weighed against my freedom.
Freedom to do what exactly, John? Look at how you've been living.
If you plead guilty to manslaughter diminished responsibility you'll go somewhere where you can get help.
Do you know the kind of people who end up in mental institutions, Mr Steel? I am NOT one of them.
I don't belong there.
You have an illness, John.
Yes, but when I'm medicated I'm just like you.
I think you find that frightening.
Perhaps you know how it feels, that urge to just let go and to hell with the consequences.
There are always consequences.
Are there? I would have made a brilliant lawyer, Mr Steel.
I really would.
And I will get to prove it.
He's treating the whole thing like a game.
We can't counter his plea by claiming he was sane.
The witnesses say he was climbing the wall.
Now he's calmly debating the merits of the penal system.
He's different when he's medicated.
That's hardly news.
It's practically the basis of his defence.
Exactly.
As long as he takes his pills his mind works just fine.
So when he decided to stop taking them he knew what he was doing.
But he didn't go out and get high.
That's his natural state.
I'm naturally bad-tempered.
It doesn't mean I can punch you when you annoy me.
Like now.
I'd like to see you try.
We're talking about prosecuting for an omission.
We wouldn't have a leg to stand on.
I'm saying he knew what would happen and did it anyway.
Have you ever been on antipsychotic drugs, Dr Armitage? No, I haven't.
Well, I am using every ounce of energy that I have right now just trying to talk to you.
It's like I'm pawing through a thick blanket.
I feel stiff and half a step behind everybody.
I feel so tired just trying to .
.
hold on to reality.
I don't know.
I think letting go is almost a relief.
He knows what he's like without medication.
He wilfully chose to stop taking it.
I know where you're going with this.
He created the circumstances that led to the murders.
Letting go isn't just a relief.
He actively enjoys it.
You can't punish someone for having a medical condition.
Smith says as long as he's on his medication he's as sane as the next man.
Makes you worry about the next man.
The legal system can't deal with the mentally ill.
You only work with absolutes.
He slaughtered three people.
While in the grip of a terrifying and overwhelming delusion.
You say he's shown no remorse.
How can he? Convincing himself that crazy John is a totally separate entity is the only way that he can cope.
He's playing the system, Roddy.
He's an expert on legal insanity using his condition to get away with murder.
If he pleads guilty his coping mechanism will crumble.
Then where does he go? The way I see it, the longer he's locked up the safer for everyone.
It's as if your expert witness may as well be working for the defence.
I can work around it.
The Home Secretary feels very strongly that we should take the plea.
I can work around it.
The Home Secretary feels very strongly that we should take the plea.
He thinks it would be a PR disaster if Smith is found not guilty after a long, high-profile trial.
And what did you say? I told him that it was entirely inappropriate for him to try to influence a prosecution of a high court case.
Go George.
Well, I am indeed the man.
But we are not operating in a vacuum here, James.
Mental health charities are banging down the door saying that the system fails to indentify vulnerable defendants and this lot want to start a campaign for a national register for the mentally ill.
If Smith does win in court then the fallout could be horrendous.
In all directions.
He's not going to.
He can play the victim all he likes.
Even if a jury thinks that he was insane when he drew the bayonet, what about when he stole it or when he decided to throw away his pills? He didn't just make one choice, George.
A whole series of decisions led to those deaths.
And if Joanne Ellis has to live with the consequences then so should Smith.
I saw the manager and another woman on the floor bleeding.
Then I heard a shout .
.
and this man ran towards me.
Something hit my head.
I don't remember anything else.
Miss Ellis, can you describe the long-term effects of the head injury you sustained? I've lost the sight in my right eye.
I have limited muscle control on my left-hand side .
.
particularly my left arm.
I get very bad headaches and I have problems with concentration and memory loss.
What did you do for a living before the incident? I was a dancer with the Royal Ballet.
And will you be able to continue in that career at some point? No.
Thank you.
No further questions.
Miss Ellis, um I'm very sorry that you were injured.
When you first saw me I didn't look like this, did I? No.
Do you remember what I used to look like? You were dirty, with longer hair.
You were disgusting.
I looked like somebody who should have been in a mental hospital.
Yes.
You were disgusting.
I looked like somebody who should have been in a mental hospital.
Yes.
Like somebody who is clearly insane.
My Lord - Yes.
In fact, you're pursuing a civil action, aren't you, against the CPS for allowing someone so unmistakably insane to walk free? Yes, I am.
So, if you blame anyone, it's really the justice system that failed to protect you.
My Lord, please.
He's right.
You let him do this.
You could have stopped him but you let him go.
And look what he did to me.
That will do, Mr Smith.
Miss Ellis, you may step down.
Antipsychotic drugs have powerful side effects.
It's the most common reason patients stop taking them.
So, in the case of the defendant, he didn't stop because he thought he was cured.
I don't believe so.
So he was aware of the consequences.
He knows he's susceptible to paranoid delusions and that these previously led him to try and strangle a girlfriend.
And do they explain why he was following Linda Bowers and why he ultimately killed her.
Yes.
He believed she was plotting to kill him and that Miss Ellis and the others were her accomplices.
He believed she was plotting to kill him and that Miss Ellis and the others were her accomplices.
So, just to be entirely clear, at the moment when the defendant stopped taking his medication he knew that would cause the return of the delusions that had previously led to violence.
Yes, he did.
Thank you, Dr Armitage.
Dr Armitage, um .
.
you described the side effects of my medication as powerful.
That's correct.
So, in your opinion, whilst experiencing these powerful side effects, would I have been able to accurately predict the likelihood of any future psychotic behaviour? No.
Thank you.
And will he be able to predict it in the future? No.
Mr Steel, you are not at liberty to fire questions at the witness whenever the mood takes you.
That poor girl was your best bet and Smith got her to say that he wasn't to blame.
But did you see how Smith reacted when Roddy talked about next time? So he realises he's trapped in a cycle of behaviour.
What good does that do us? For Smith to admit his guilt he must confront what he's done and accept he might do it again.
We need someone who's been through that cycle with him time after time.
Patricia won't help you put her brother away.
She knows him better than he knows himself.
She's on his side.
Doesn't mean she's on his witness list.
With a manslaughter charge he could still go to prison.
If he did, he'd be in a secure unit under medical supervision.
But unless he changes his plea, he could be found guilty of murder.
That won't happen.
They can see that he's sick.
If he's found not guilty and he's back on his medication, they won't legally be able to hold him.
I don't believe this.
I've spent half my life dreading what he might do and this happened and now you're telling me it makes no difference, nothing's changed.
I'm sorry.
I can't do this any more.
I'm sorry, I just can't.
Then break the pattern.
Make the jury understand how badly John needs long-term care.
You're asking me to betray my brother? No.
I'm asking you to save him.
Miss Smith, is this the first time your brother has stopped taking his medication? No.
Over the past 15 years it's happened more than a dozen times.
How did you deal with this? Well, I begged him to keep taking his pills.
I warned him that he mightharm himself .
.
or other people if he stopped.
But he just said other people would have to stay out of his way.
Did he ever offer an explanation for his behaviour? Yes.
I found out he'd rented a flat in Ladbroke Grove on the 14th floor.
What did you do? I went there.
He was sitting on the living room floor.
He said he'd tried so hard to stay on his medicine so that he'd get a job as a .
.
lawyer or even a teacher .
.
but that no-one wanted him because he was sick.
He said there was no point in taking his medicine.
He said he'd rented the flat so that he'd be able to jump off the balcony.
Hehe needs somebody to make him take his medication.
He's trying to convince you that he's in control but he can't help himself.
Somebody has to help him.
Please, God.
I understand you studied the Bible, Mr Smith, the Old Testament in particular.
Is that right? Yes.
When I was younger, yeah.
And this was before you became ill.
Is that correct, Mr Smith? Yes.
And these details and these images, they stayed with you when you became ill.
In fact, they became the basis of your delusions.
That's right, yeah.
So, does it work the other way? I don't understand.
Well, when you're on your medication, as you are now, do you ever have any thoughts or memories from the times you've been delusional? Not really, no.
'Not really, no.
' So, what, you remember some things? Occasionally.
People's faces, perhaps? Sometimes.
What about their voices? Do you hear voices, John, things they might have said? Er I suppose so.
Do you remember your sister coming to see you at Ladbroke Grove? Where? The flat when you were planning to kill yourself.
UherI wasn't UmI wasI wasI was taking my medication then.
So you weren't delusional at that time? No, no.
Do you remember seeing Joanne Ellis' face? Nn Do you remember her voice? She would have been screaming as you came towards her with a bayonet.
What about when you pushed her to the ground or sliced the bayonet into her skull? No.
Maybe you thought she was a witness, that she'd run away.
Maybe you thought she'd call the police.
It wasn't that.
What was it? I thought that um What? What did you think? Explain it to me.
I can't it.
Explain it to me, John.
I thought that sh I thought that they wanted to kill me.
I thought that you all wanted me dead so I had to I had to stop you.
I didn't care how.
No further questions.
John Smith, you have pleaded guilty to the charge of manslaughter.
Yes.
Before sentencing, do you wish to say anything in mitigation? Yes, um I have suffered from schizoaffective disorder since the age of 23.
I'm prone to manic depression, paranoid delusions, hallucinations.
The paper's full of needles.
They gave it to me to hurt me.
It cuts and I bleed.
Mr Smith.
I heard what Deborah said unto Barak.
The Lord will discomfit me.
You're looking at me.
I made them do that, Patty.
You look like a pony.
Please don't do that otherwise I'll leave.
Mr Smith, sit down.
Mr Luthra, please.
Wait, wait, wait, wait.
This isn't my armour.
They took my armour.
I absolutely can't wear this armour! Mr Smith, we shall take care of your armour once we are finished.
Now, please sit down.
I'm sitting down.
I'm sitting down, I'm sitting down, I'm sitting down.
I'm sitting down.
Sitting down.
I'm sitting down.
I'm sitting down.
Drink? Er, sorry, I'll be working late.
They've put John Smith on suicide watch.
Mm.
He sent me a copy of his closing speech.
Is it any good? It's well structured, persuasive.
Pretty much what I'd have said if I'd been defending him.
So, he really could have been a brilliant lawyer then.
Well, he certainly had potential.
So, are you buying then?
These are their stories.
Those were his exact words.
I thought, what I am doing with someone who objectifies people down to numbers? Besides which I'm an 8ý - ask anyone.
Maybe an eight when I had the braid but I won't make that mistake again.
And he thinks he's a nine? I know.
With those chicken legs.
From now on I'm just going to concentrate on me.
Take some time to think about what I really want.
Good for you.
OK, ciao, bella.
See you later, babes.
All right, hungry people! Come and get it! Three dead and one serious head injury.
Joanne Ellis, one of their customers.
She's in a bad way.
Right, OK.
What's this, age before beauty? Something like that.
Joy? I take it you're here for the tour.
Kelly Scott, one of the sales assistants.
Only started yesterday.
And this one's a customer.
Driving licence IDs her as Linda Bowers.
Works in a cake shop nearby.
That's the owner, Steven Marx, been trading just under a year.
Who found them then? The other sales assistant - Paul Dean.
Came back after his lunch break.
And got the fright of his life.
Mm.
So, what is this - some sort of glorified charity shop? Vintage designer, apparently.
Not your average tat.
Blimey, I'll say.
Look at that.
old threads.
You're looking for a masked man.
May answer to the name of Zorro.
A sword? You've got some really deep stab wounds, not to mention a lot of wild slashing and gashing.
Shame the cameras are dummies.
Must have been quite a show.
So, we're looking for a homicidal maniac wielding a sword in a public place.
What a nightmare.
I was gone to meet a friend.
I was only gone 30 minutes.
Has yourhas your boss been having any problems with anyone lately? Steven? No, don't think so.
We had this couple in this morning but What couple? Italian.
I thought they were tourists.
The bloke got me unchaining the leather jackets.
Steven caught the girl putting stuff in her bag.
Started shouting in Italian.
Then what happened? Steven said he'd call the cops and they legged it.
OK.
Have you got a description for us? Eryeahum She was a sort of young Nancy Dell'Olio.
He was a turned-down Mika.
I don't get it.
Why would someone do this? I don't know, son.
I really don't.
The DI's called a press conference asking for anyone in the area to come forward.
That's handy.
Just a few thousand tourists and shoppers How come we've got no witnesses? Precisely.
Whoever it was must have been covered in blood.
And they were carrying a bloody great sword.
Matt, this city is full of people walking around with blinkers on.
Covent Garden is full of people standing around in gold paint or fire-eating.
He might not have stood out that much.
And he's still out there.
Which is the scary part.
Devlin.
Ang, you're a star.
Gianni Patrone and Lia Rossi.
Picked up outside Selfridges with six grand's worth of designer clothing.
And we're sure these are the same two? Your witness ID'd them.
Apparently Ms Rossi's dress is one she stole earlier.
But I'm not getting homicidal maniac, that's for sure.
Me neither.
But there's just a chance they saw something.
Though up to now they've not been very co-operative.
Let's get in there, give them some encouragement.
Whatever it takes.
Commissioner Callaghan wants hourly updates and once the media frenzy starts our job'll get even harder so anything you can get out of these two.
Anything at all.
We'll talk to 'em.
Do we need an interpreter? I doubt it, they're from Enfield.
I'm telling you, I didn't see anything and I didn't hear anything.
But you admit you were in the shop.
And you threatened Steven Marx.
Threatened him? Shut up.
And less than two hours later he was dead.
Maybe you went back there, you thought he'd identify you from the CCTV tapes.
Tapes? What tapes? Are you new? The cameras aren't even real.
Three people.
Three people, Gianni, left lying in their own blood.
One girl's head was nearly severed from her body.
I know, OK? I told you, we had nothing to do with that.
If we'd been there half an hour later that could have been us.
You any idea what that feels like? Must be terrifying.
So I'm asking you again, where did you go after you left the shop? I told you, I don't remember exactly.
You ended up in Oxford Street.
Did you go straight there? I'm not sure.
I don't care if you turned over half the shops in Covent Garden, I just want to know where you went.
Lia, what about Gianni? Was he with you all the time? Gianni's the last person you should be harassing.
Who would you suggest? The crackhead in the alley for a start.
What crackhead in the alley? A total nutter.
Kept banging his head against the wall.
So, what do we think? About the convenient crackhead? It's about the only bit of the story they agree on.
Get on to all the drop-ins and shelters with a description.
If these two can't pick him out of WADS then get them to do an E-FIT.
And keep them apart, yeah? Strictly no conferring.
Not exactly twins but they could be related.
They could also be half the homeless guys in London.
Can Forensics narrow it down? Apparently not, guv, the prints were just a mass of smudges.
But they have come up with a profile of the weapon.
A single-edged blade, probably military.
Comparisons were run.
The closest comparison they do have is a US-Army-issued bayonet circa Just a sec.
Chandler.
Oh, great.
Thank you.
Joanne Ellis has regained consciousness.
Just give her some time.
OK.
The blade ripped her scalp and dug a trench in her skull.
Joanne, umwhen the woman screamed where were you? T- t-trying on a d-d-dress.
Th-ththere-there was a woman on the floor.
A man hit me.
The man, did you see his face? Joanne.
Sorry, sweetheart, I'm going togoing to show you a picture, OK? If it looks like the man just let us know, OK? Yes.
All right? Anything? No, more of the same.
What's the word from uniform? Still going door to door.
Nothing definite to report.
Round here the homeless really are invisible.
What do you reckon? Keep on going, meet up in organic beauty? If we must.
Are you going to buy that? I wouldn't know whether to wear it or eat it.
Um, can I help? Yes, actually, you can.
We're looking for some information regarding the fatal incident in Brewers Alley.
The papers said it was completely random, that he could strike again.
Is that true? Well, we're advising everyone to be cautious, yeah.
I'm sorry, do youwould you happen to recognise this man? You might have seen him wandering around the area yesterday.
No, not yesterday but the day before.
He was standing right outside the door.
Just kept looking in.
I thought he might be watching one of my customers.
Anyone in particular? Um, a pretty girl.
Blonde.
She comes in quite a lot.
Actually, she signed up for my mailing list.
I teach yoga a couple of nights a week.
Yeah.
Linda Bowers.
Was she one of them? I'm afraid so, yeah.
Oh, poor girl.
So, it wasn't random.
Doesn't look like it.
No, our mystery man was after Linda Bowers.
Yeah, that's the guy.
The girl called us around 10ish.
Said some weirdo had followed her home.
What, from Neal Street to Southwark? Yeah.
By the time we got there he was gone.
But we did a drive-by a couple of hours later and he's standing across the street, walking in circles.
Any ID? Afraid not.
No wallet.
No driving licence.
He didn't want to give us his name.
You didn't bring him in? We couldn't charge him with anything.
So we decided to relocate him.
Sorry? You know.
Like what they do with bears.
Drove him back across the river and dumped him.
Thought at least that way he couldn't do any harm.
Bears? Are you saying he was picked up for harassing one of the victims and we still have no idea who he is? It's like he doesn't exist.
No name, no fixed abode, nothing.
Callaghan's pressuring me to release the E-FIT to the media.
Well, you know what, that might not be such a bad idea.
How many homeless guys are there in woolly hats out there? We'd be buried alive under reported sightings, not to mention the chances of the wrong bloke getting lynched.
Hello, Ronnie.
Are we keeping you from your afternoon tea? No, not at all.
Sorry, guv.
I was thinking about the bayonet.
He didn't have it on him when they took him across the river so he must have got hold of it last week.
It's not the kind of thing you find in a skip.
No reports of any bayonets being stolen in the Greater London area.
What if we went to the dealers, see if any have been carrying any unofficial 20th century items? Yeah.
Turns out Matty's got a secret stash of antique muskets.
Hm.
Do you know, I can see that.
Yeah, that sounds right.
Compatible with an M1 rifle, yeah? This was last week? OK, thanks.
You've been very helpful.
Bloke comes up to Covent Garden first Monday of the month, says he had a mint-condition M1 bayonet nicked from his stall by some homeless wanker.
Our homeless wanker? Right down to his woolly hat.
Tried to buy it with some vouchers.
That didn't work so he smashed the case and took it.
Vouchers.
Yeah, he reckons it was for some night shelter.
He had a stack of them.
Thought it was a chequebook.
That very much resembles John.
Would John happen to have a last name? We only know him as John though some of the regulars call him Zero.
As in Bravo Two Zero.
From Zorro to Zero.
Do you mean he's ex-military? No, no.
John's more a one-man army.
But he likes to wear the clothes, the boots, all that sort of thing.
I'm sorry, what is this about? Well, unfortunately, John is a suspect in a murder investigation.
John? That can't be right.
Well, has he been in recently? No, not for a few days.
The last time was Thursday, I think, for breakfast.
Do you know where he goes when he's not here? No, I'm sorry, I d- But are you certain this is the person you want? It's starting to look that way.
I'm very surprised by this.
He doesn't use drugs and he's never violent.
Sometimes he's a little confused, perhaps, but he struck me as an educated sort of man.
Not dangerous in any way.
Excuse me.
Thank you, Father.
So, sometimes he's a bit confused.
When he's not banging his head against the wall.
If he ain't a crackhead, he's a nutjob.
Yeah, I know him.
Usually wears army fatigues.
Name's John Smith.
You're kidding? It's the name he gave us.
Interesting guy.
He recognised my tattoo.
Kushta.
Means truth in Aramaic.
John always said it was the language of the common people.
So he was a regular, yeah? He was.
According to this he hasn't picked up his prescription in nearly three months.
That's not good.
What's he on? Risperidone and carbamazepine.
It's for schizophrenia.
They tried weekly injections but he'd miss the appointments.
What happens if he doesn't take them? They tried weekly injections but he'd miss the appointments.
What happens if he doesn't take them? Delusions, psychosis.
Possibly full-blown mania.
Schizophrenics aren't necessarily violent though, are they? There's always the exception that proves the rule.
Is John in trouble? Afraid so.
Do you have any idea where we might find him? Most of these guys register using the clinic address.
So how do they pick up a prescription without an ID? They have a badge with a temporary NHS number.
Although John had his nicked a while back so he just uses his Westminster library card.
He has a library card? Yeah, a lot of them do.
Some of them even read the books.
He's been in Ancient History since we opened.
Same as always.
We thought evacuating the building would arouse his suspicions.
Quite right.
You've had no problems with him in the past? No.
He just comes to read.
Right, lads, get people out as quickly and quietly as you can.
Whereabouts is he, please? He's in the far corner.
Great, thank you.
All right? Matt, he's coming your way.
Just take it easy, John.
Get away! Police, stop.
John, listen.
Drop the bayonet.
I can't hear you.
I'm not listening.
I can't hear you.
No, no, put that down.
Put that down.
Someone will get hurt.
I can't hear you.
No, no, no, no.
John Smith, I'm arresting you on suspicion of the murder of Steven Marx, Kelly Scott and Linda Bowers and the attempted murder of Joanne Ellis.
Well done, son.
Are you limping? No.
But I am a captain in Jabin's army.
I fought at Kishon River.
Calm down, John.
OK? OK? Calm down.
It's quite a system.
They drive wireless HD to work and they're still hungry.
Worse thing is after a while it almost starts making sense.
Are we sure about his name? We're running his prints through the system.
OK.
So, let's set up a video ID and get in the eyewitness.
No.
That's him.
Smith's solicitor wants him back on his drugs.
Fine, but we charge him with murder first.
So he's agreed to have a solicitor? As far as we can tell.
We've got a match on the prints.
So, why have we previously had the pleasure? John Patrick Smith.
One arrest for stalking a woman 16 months ago.
The original charge was threats to kill but the CPS reviewed it and amended it to Section 2, simple harassment.
Eh? He got a 12-month supervision order and paid 200 quid in costs.
Might as well give him a Mars Bar and a pat on the head.
What are the chances of nailing him this time? Well, do I resign now or do I wait till this hits the papers? The file says the original charge was way over the top.
And the police had no evidence to support harassment, let alone threat to kill.
And, at the time, Smith had a job.
Doing what, for heaven's sake? Marking legal exams for undergraduate exam boards.
God help us all.
His defence never referred to his mental state and the prosecution missed it.
My God.
The Home Secretary's hyperventilating.
If the press find out that we had this guy and then we let him go - Smith's solicitor's withdrawing from the case.
And so the madness begins.
He informed me that he no longer requires my services.
Who's representing him? John Patrick Smith.
MA from Oxford, Master of Laws from Cambridge.
Not to mention his PhD.
And he did mention it.
Several times.
You're not serious? Oh, yes.
The lunatic has officially taken over the asylum.
And he knows his rights.
As long as he's fit to stand trial he's fit to represent himself.
He's not fit for anything.
If he represents himself, this will be a farce.
It's listed for mention so you can bring it up with the judge.
Don't worry, I will.
Mr Steel it is usually the defence who raise the issue of mental competence.
I know, but given the unusual circumstances Very well.
Mr Smith, it says here that you have a history of schizoaffective disorder.
That's correct, my Lord.
Since the age of 23.
I'm prone to manic depression, paranoid delusions and hallucinations unless I'm taking my medication.
And are you currently taking your medication? Yes, my Lord, ever since my arrest.
And I understand you wish to represent yourself.
Yes, my Lord.
I have a first class law degree from Oxford, as I believe do you, my Lord.
Also an LLM from Cambridge and a PhD in jurisprudence.
Without proper counsel Mr Smith will be at a disadvantage.
He could also suffer another psychotic break in which case the trial would collapse, we'd be back where we started.
But, as Mr Steel is aware, that's an irrelevance.
Unless prosecution can establish incompetence at this precise moment then the trial must go ahead.
In which case, subject to medical confirmation of the defendant's fitness to stand trial, we shall proceed.
There's one more thing, my Lord.
As Mr Steel pointed out, I will be at a disadvantage.
Perhaps to level the playing field, I might conduct my defence from counsel's row.
Mr Steel? I don't think it's at all appropriate, my Lord.
The defendant is already in custody.
I will allow it.
As you say, Mr Steel, these are unusual circumstances.
A 200-page application to dismiss.
I don't know if we should prosecute him or offer him a job.
I don't understand.
Why's he not going for the insanity plea? He thinks he can prove we've got the wrong man.
That won't work.
Well, he's challenging every piece of prosecution evidence.
Prentice won't rush to dismiss against a homicidal schizophrenic.
He won't give you an inch either.
And he won't be swayed by public opinion, however vitriolic.
I'd be happier if we could find something resembling a motive.
According to Joanne Ellis' statement he didn't give any sign he even knew who Linda was.
Talk to her again.
And didn't Smith give a sister as his residential address? Yeah.
I want to meet her.
Remember, it's not just Smith in the dock over this one.
Radio? TV.
Go easy on the make-up, George.
There was lots of screaming.
There might have been words.
Do you have any idea of what those words could have been? Something like, 'Live forever'.
Maybe 'life forever'.
What does it matter what he said? The man's a lunatic.
If you'd heard him in court last week, you might not be so sure.
It said in the paper he's got a law degree.
Yes, he has.
That why he got let off the first time? Cos he was one of your own? Absolutely not.
It was nothing like that.
The trouble was the prosecution didn't know enough about him.
They knew he was stalking a woman.
The trouble was the prosecution didn't know enough about him.
They knew he was stalking a woman.
Didn't that give them a clue there was something wrong with him? Mr Ellis, I can't imagine what you're going through, you and Joanne.
I want you to know how sorry I am.
And that makes it all right, as long as you're sorry? You lot had him and you let him go.
And now my little girl - Dad.
Yeah, well, we've got ourselves a lawyer too, us and the other families.
And he's advised us to take a civil action against the police and the CPS.
You let us down, Miss Phillips, and someone's going to pay.
When I talked to my brother last month he didn't mention Linda Bowers.
He called because he'd overheard someone plotting to kill our parents.
Our parents died three years ago.
The woman he injured heard him shout the words 'life forever'.
He probably said 'the wife of Heber'.
It's from the Old Testament.
She lured Sisera into her tent with food then stabbed him through the temple.
Does this have a particular relevance for your brother? Uh.
Johnny went through a religious phase as a teenager.
When he developed schizophrenia he accused his girlfriend of putting needles in his brain.
He called her the wife of Heber.
Was he violent towards his girlfriend? He tried to strangle her in his room at Oxford.
The next day he was admitted to hospital for six months.
So there's your motive.
I only wanted to find out about his behaviour.
Oh, really? Because last time Johnny was arrested, I kept trying to tell someone that he needed to be in hospital.
That he needed supervision and support to help him stay on his medication.
But surely, given that history, there must have been some way to get him help.
And what would you suggest? Have him locked up? Have him forcibly injected with antipsychotics? Unfortunately, the mentally ill have rights too, Mr Steel.
I'm sorry.
It's just For 15 years I've known something like this was coming.
And there was nothing I could do to stop it.
It's not about money.
I won't say a trial like this isn't expensive, of course it is, but, at the end of the day, you're faced with a choice between a public expenditure that is way out of control God, 'at the end of the day'.
I sound like the Scotland football manager.
Suit looked good though.
What reaction from on high? I have been summoned for a strategy discussion.
The good news is Smith's application to dismiss has been denied.
He's pleading not guilty by reason of insanity.
He couldn't have done that from the start? OK, let's get this over with then.
Accept the plea, establish the facts, then Prentice can issue a hospital order and put Smith back where he belongs.
With no criminal conviction, he can only be held while there's a mental health justification.
So if he takes his medication he could be out within weeks.
Smith knows that.
Why else risk an insanity plea? Because he's insane.
OK, OK.
And you really think he belongs in prison? There has to be a trial.
You won't get a murder verdict if he goes down this route.
I'll talk to him.
If I get him to plead manslaughter diminished responsibility he'll get a sentence in a secure unit or hospital and there'll be no early release just cos he took his pills.
And if he won't change his plea? Look, why am I even asking? Fine.
Talk to him.
I'd be interested to know what you thought of my application, Mr Steel.
Of course, it's a long shot - Mr Smith, I'm only here to discuss your plea.
Of course.
You know, the one thing I regret about pleading insanity is that there won't be a full trial.
I'd have enjoyed the chance to really flex my legal muscles.
Three people are dead.
And a young girl has been left with horrific injuries.
That doesn't bother you? Well, obviously, I'm sorry for what happened but, you have to understand, that wasn't me, I'm not that creature.
II won't take the blame for something that he did.
You honestly believe you should walk free? I don't think I should be punished for something I didn't do and I can hardly be rehabilitated when I have no memory of committing a crime.
Assuming, of course, that you subscribe to the view that prison is an opportunity for rehabilitation.
I'm here because we're prepared to amend the indictment.
We'll accept a plea of guilty to manslaughter due to diminished responsibility.
We'll accept a plea of guilty to manslaughter due to diminished responsibility.
Is that a joke? You'd be looking at as opposed to the 25 you'd get in prison for murder.
They'll never send me to prison.
I've got a dozen expert witnesses, all of whom will confirm that I'm insane.
I wouldn't necessarily assume a jury will find you not guilty.
You killed three people.
They won't care why you did it, they'll want to lock you up so you can't do it again.
I feel that's an acceptable risk when weighed against my freedom.
Freedom to do what exactly, John? Look at how you've been living.
If you plead guilty to manslaughter diminished responsibility you'll go somewhere where you can get help.
Do you know the kind of people who end up in mental institutions, Mr Steel? I am NOT one of them.
I don't belong there.
You have an illness, John.
Yes, but when I'm medicated I'm just like you.
I think you find that frightening.
Perhaps you know how it feels, that urge to just let go and to hell with the consequences.
There are always consequences.
Are there? I would have made a brilliant lawyer, Mr Steel.
I really would.
And I will get to prove it.
He's treating the whole thing like a game.
We can't counter his plea by claiming he was sane.
The witnesses say he was climbing the wall.
Now he's calmly debating the merits of the penal system.
He's different when he's medicated.
That's hardly news.
It's practically the basis of his defence.
Exactly.
As long as he takes his pills his mind works just fine.
So when he decided to stop taking them he knew what he was doing.
But he didn't go out and get high.
That's his natural state.
I'm naturally bad-tempered.
It doesn't mean I can punch you when you annoy me.
Like now.
I'd like to see you try.
We're talking about prosecuting for an omission.
We wouldn't have a leg to stand on.
I'm saying he knew what would happen and did it anyway.
Have you ever been on antipsychotic drugs, Dr Armitage? No, I haven't.
Well, I am using every ounce of energy that I have right now just trying to talk to you.
It's like I'm pawing through a thick blanket.
I feel stiff and half a step behind everybody.
I feel so tired just trying to .
.
hold on to reality.
I don't know.
I think letting go is almost a relief.
He knows what he's like without medication.
He wilfully chose to stop taking it.
I know where you're going with this.
He created the circumstances that led to the murders.
Letting go isn't just a relief.
He actively enjoys it.
You can't punish someone for having a medical condition.
Smith says as long as he's on his medication he's as sane as the next man.
Makes you worry about the next man.
The legal system can't deal with the mentally ill.
You only work with absolutes.
He slaughtered three people.
While in the grip of a terrifying and overwhelming delusion.
You say he's shown no remorse.
How can he? Convincing himself that crazy John is a totally separate entity is the only way that he can cope.
He's playing the system, Roddy.
He's an expert on legal insanity using his condition to get away with murder.
If he pleads guilty his coping mechanism will crumble.
Then where does he go? The way I see it, the longer he's locked up the safer for everyone.
It's as if your expert witness may as well be working for the defence.
I can work around it.
The Home Secretary feels very strongly that we should take the plea.
I can work around it.
The Home Secretary feels very strongly that we should take the plea.
He thinks it would be a PR disaster if Smith is found not guilty after a long, high-profile trial.
And what did you say? I told him that it was entirely inappropriate for him to try to influence a prosecution of a high court case.
Go George.
Well, I am indeed the man.
But we are not operating in a vacuum here, James.
Mental health charities are banging down the door saying that the system fails to indentify vulnerable defendants and this lot want to start a campaign for a national register for the mentally ill.
If Smith does win in court then the fallout could be horrendous.
In all directions.
He's not going to.
He can play the victim all he likes.
Even if a jury thinks that he was insane when he drew the bayonet, what about when he stole it or when he decided to throw away his pills? He didn't just make one choice, George.
A whole series of decisions led to those deaths.
And if Joanne Ellis has to live with the consequences then so should Smith.
I saw the manager and another woman on the floor bleeding.
Then I heard a shout .
.
and this man ran towards me.
Something hit my head.
I don't remember anything else.
Miss Ellis, can you describe the long-term effects of the head injury you sustained? I've lost the sight in my right eye.
I have limited muscle control on my left-hand side .
.
particularly my left arm.
I get very bad headaches and I have problems with concentration and memory loss.
What did you do for a living before the incident? I was a dancer with the Royal Ballet.
And will you be able to continue in that career at some point? No.
Thank you.
No further questions.
Miss Ellis, um I'm very sorry that you were injured.
When you first saw me I didn't look like this, did I? No.
Do you remember what I used to look like? You were dirty, with longer hair.
You were disgusting.
I looked like somebody who should have been in a mental hospital.
Yes.
You were disgusting.
I looked like somebody who should have been in a mental hospital.
Yes.
Like somebody who is clearly insane.
My Lord - Yes.
In fact, you're pursuing a civil action, aren't you, against the CPS for allowing someone so unmistakably insane to walk free? Yes, I am.
So, if you blame anyone, it's really the justice system that failed to protect you.
My Lord, please.
He's right.
You let him do this.
You could have stopped him but you let him go.
And look what he did to me.
That will do, Mr Smith.
Miss Ellis, you may step down.
Antipsychotic drugs have powerful side effects.
It's the most common reason patients stop taking them.
So, in the case of the defendant, he didn't stop because he thought he was cured.
I don't believe so.
So he was aware of the consequences.
He knows he's susceptible to paranoid delusions and that these previously led him to try and strangle a girlfriend.
And do they explain why he was following Linda Bowers and why he ultimately killed her.
Yes.
He believed she was plotting to kill him and that Miss Ellis and the others were her accomplices.
He believed she was plotting to kill him and that Miss Ellis and the others were her accomplices.
So, just to be entirely clear, at the moment when the defendant stopped taking his medication he knew that would cause the return of the delusions that had previously led to violence.
Yes, he did.
Thank you, Dr Armitage.
Dr Armitage, um .
.
you described the side effects of my medication as powerful.
That's correct.
So, in your opinion, whilst experiencing these powerful side effects, would I have been able to accurately predict the likelihood of any future psychotic behaviour? No.
Thank you.
And will he be able to predict it in the future? No.
Mr Steel, you are not at liberty to fire questions at the witness whenever the mood takes you.
That poor girl was your best bet and Smith got her to say that he wasn't to blame.
But did you see how Smith reacted when Roddy talked about next time? So he realises he's trapped in a cycle of behaviour.
What good does that do us? For Smith to admit his guilt he must confront what he's done and accept he might do it again.
We need someone who's been through that cycle with him time after time.
Patricia won't help you put her brother away.
She knows him better than he knows himself.
She's on his side.
Doesn't mean she's on his witness list.
With a manslaughter charge he could still go to prison.
If he did, he'd be in a secure unit under medical supervision.
But unless he changes his plea, he could be found guilty of murder.
That won't happen.
They can see that he's sick.
If he's found not guilty and he's back on his medication, they won't legally be able to hold him.
I don't believe this.
I've spent half my life dreading what he might do and this happened and now you're telling me it makes no difference, nothing's changed.
I'm sorry.
I can't do this any more.
I'm sorry, I just can't.
Then break the pattern.
Make the jury understand how badly John needs long-term care.
You're asking me to betray my brother? No.
I'm asking you to save him.
Miss Smith, is this the first time your brother has stopped taking his medication? No.
Over the past 15 years it's happened more than a dozen times.
How did you deal with this? Well, I begged him to keep taking his pills.
I warned him that he mightharm himself .
.
or other people if he stopped.
But he just said other people would have to stay out of his way.
Did he ever offer an explanation for his behaviour? Yes.
I found out he'd rented a flat in Ladbroke Grove on the 14th floor.
What did you do? I went there.
He was sitting on the living room floor.
He said he'd tried so hard to stay on his medicine so that he'd get a job as a .
.
lawyer or even a teacher .
.
but that no-one wanted him because he was sick.
He said there was no point in taking his medicine.
He said he'd rented the flat so that he'd be able to jump off the balcony.
Hehe needs somebody to make him take his medication.
He's trying to convince you that he's in control but he can't help himself.
Somebody has to help him.
Please, God.
I understand you studied the Bible, Mr Smith, the Old Testament in particular.
Is that right? Yes.
When I was younger, yeah.
And this was before you became ill.
Is that correct, Mr Smith? Yes.
And these details and these images, they stayed with you when you became ill.
In fact, they became the basis of your delusions.
That's right, yeah.
So, does it work the other way? I don't understand.
Well, when you're on your medication, as you are now, do you ever have any thoughts or memories from the times you've been delusional? Not really, no.
'Not really, no.
' So, what, you remember some things? Occasionally.
People's faces, perhaps? Sometimes.
What about their voices? Do you hear voices, John, things they might have said? Er I suppose so.
Do you remember your sister coming to see you at Ladbroke Grove? Where? The flat when you were planning to kill yourself.
UherI wasn't UmI wasI wasI was taking my medication then.
So you weren't delusional at that time? No, no.
Do you remember seeing Joanne Ellis' face? Nn Do you remember her voice? She would have been screaming as you came towards her with a bayonet.
What about when you pushed her to the ground or sliced the bayonet into her skull? No.
Maybe you thought she was a witness, that she'd run away.
Maybe you thought she'd call the police.
It wasn't that.
What was it? I thought that um What? What did you think? Explain it to me.
I can't it.
Explain it to me, John.
I thought that sh I thought that they wanted to kill me.
I thought that you all wanted me dead so I had to I had to stop you.
I didn't care how.
No further questions.
John Smith, you have pleaded guilty to the charge of manslaughter.
Yes.
Before sentencing, do you wish to say anything in mitigation? Yes, um I have suffered from schizoaffective disorder since the age of 23.
I'm prone to manic depression, paranoid delusions, hallucinations.
The paper's full of needles.
They gave it to me to hurt me.
It cuts and I bleed.
Mr Smith.
I heard what Deborah said unto Barak.
The Lord will discomfit me.
You're looking at me.
I made them do that, Patty.
You look like a pony.
Please don't do that otherwise I'll leave.
Mr Smith, sit down.
Mr Luthra, please.
Wait, wait, wait, wait.
This isn't my armour.
They took my armour.
I absolutely can't wear this armour! Mr Smith, we shall take care of your armour once we are finished.
Now, please sit down.
I'm sitting down.
I'm sitting down, I'm sitting down, I'm sitting down.
I'm sitting down.
Sitting down.
I'm sitting down.
I'm sitting down.
Drink? Er, sorry, I'll be working late.
They've put John Smith on suicide watch.
Mm.
He sent me a copy of his closing speech.
Is it any good? It's well structured, persuasive.
Pretty much what I'd have said if I'd been defending him.
So, he really could have been a brilliant lawyer then.
Well, he certainly had potential.
So, are you buying then?