Kavanagh QC (1995) s04e05 Episode Script

(Wind howls) (Bell tolls) Mrs Murchison.
Are you sure you're all right? No.
I don't think I am all right.
It's been a great tragedy for you.
I'm sorry.
Well, accidents happen.
My door stands ever open.
You know where I am.
Times like these, when life seems so desolate to us, God can be of great comfort and joy.
Even for us publicans and sinners? Believe me, a little trust can bring new hope.
- Good morning, Peter, Jeremy.
- Morning.
How are you? I shall feel a good deal better when the fly-fishing season starts again.
James, you have an exceedingly distinguished visitor.
I had no idea.
- Havel? - I made myself known to him, of course.
You will, won't you, if you can? Very good for chambers.
Mr Kavanagh? I'm Norfolk.
Er yes, yes, of course.
The Bishop of.
Quite so.
How do you do? Well, I'm not er quite sure how to address you.
Er my Lord, Your Honour, Your Grace, Your Reverence? Try either my Lord, Bishop, or Bill.
Ah.
Anyway, er take a pew.
How can I help you? I'm sure you'll know among my episcopal duties is that of calling when needed, a consistory court.
- I thought Synod was abolishing all that? - Making reforms.
The new scheme sounds just like an industrial tribunal to me - the mad managerial age.
Sic transit the glories of the church.
You enjoy unfrocking priests? Indeed.
And in my diocese, we've been exceedingly good at it.
Do you recall the notorious case of the 1930s? The er Rector of Stiffkey? Oh, conduct unbecoming, wasn't it? Yeah, hadn't he been consorting with Soho prostitutes? On the largest scale.
He used to bring them up to Norfolk by the trainload.
Hundreds of the unfortunate creatures came to court.
We had to move the hearing to London for their greater convenience.
And er that of the News Of The World, of course.
This current imbroglio, however, is less flamboyant.
Should I understand that you're offering me a case in your consistory court? Probably the final one in the good old way.
I knew that would tempt you.
One of your colleagues tells me you have a strong interest in ecclesiastical matters.
I'm not even a Christian, Bishop.
Believe me, that has never deterred a single person from serving the Church of England KAVANAGH: Goodbye, then, Bishop.
Jeremy, do I owe this episcopal visitation to you? The Bish, you mean? Well, I stood beside him in the jakes at the Athehaeum.
You told him I was the expert on ecclesiastical law? No, did I? I think what I said was that you were an expert in all the more arcane branches of law.
I'd have offered myself, but Norfolk, you know.
It's a bit too rustic for me.
You said yes, I hope? How could I resist Church mumbo-jumbo? These rogue priests, they do so fascinate the tabloids, don't they? So you're for the tearful lady complainant? No, Jeremy.
I'm for the rogue priest.
Oh.
Well, still, there you are, then.
I've done you a favour.
I hope one day you'll remember to do one for me.
Um Highflyers Introduction Agency? Please understand, Mr Kavanagh, all this has been stirred up by the Bishop.
Blames me for a turbulent priest.
Not quite, Mr Winfarthing.
My Lord Bishop has acted with all propriety.
A complaint was made and duly investigated by the examiners.
As you know, these are feminised times.
Given the sexual nature of Mrs Murchison's complaint.
He regretfully had no choice but to summon a consistory court.
Regretfully? Really? Are you a turbulent priest, Mr Winfarthing? I preach the True Word.
I evangelise.
How can a bishop like him know what goes on in his parishes? Especially a parish like Heighthorpe.
Mrs Murchison has made a very circumstantial complaint, hasn't she? Why do you suppose she would make it? One of the perils of my calling We're talking about a very troubled and determined woman.
So the sexual relationship she alleges never took place? My concern was with the state of her mind and spirit.
I seem to have become the victim of her fantasies.
She did visit you at the rectory quite frequently? After her husbands death.
yes.
He died quite tragically.
She was in a great deal of distress.
You could have made sure someone was present, Mr Winfarthing.
Who? I'm not married.
And I make sure my door is always open to my parishioners, whatever the time, day or night.
Why would she write to the Bishop like that? She was risking her own reputation, wasn't she? Heighthorpes a very isolated place.
Especially out of season.
There isn't much to do but gossip.
People started talking.
Gossip about you? No, my parish has always been with me.
About her.
I think she wanted to clear her name.
Nobody wants these things raked over.
The Bishop's a very compassionate man, Mr Winfarthing.
He asked me to remind you that, even at this late date, there's still another way.
You resign your living Remain in Holy Orders.
It could happen very quietly - early morning ceremony in the cathedral.
No press.
Desk job - where I can do no further harm.
No thanks.
The Bishop doesn't know anything.
Has me down as some happy-clappy who's been creating trouble in his parish.
Well, he'll soon find the whole parish.
Including the wardens, are on my side.
Time to go over.
But er you'll serve your defence best if you don't go to war with the Bishop.
Never thought I'd find the great Kavanagh dabbling in matters ecclesiastical.
I know.
You're for the clean sweep.
Line 'em up against the wall in their surplices and shoot them.
It's still justice and this is a court of the land.
Only for a few more months.
Anyway, I thought his chief employer was God not the Bish.
He's bound by Church law.
It's where your law came from in the first place.
These courts go back to William the Conqueror.
Listen and learn.
Appeal to tradition.
Could you be getting old, James? Are you lot thinking of making that illegal now? It's all mumbo-jumbo.
You said so yourself.
Look, isn't that your very Reverend Father in God? - Good morning, Bishop.
- Kavanagh.
Ready for the tribunal? It's in our lovely Bauchon Chapel.
Do look at the fine ceiling You aren't attending? Not until the verdict, when I deliver the sentence.
At this stage, it's the custom I absent myself above the fray.
Judgment from above.
I merely hope the cathedral doesn't suffer.
These cases always leave lasting wounds.
But wounds is what the Church is all about.
Isn't it? This is my junior, Ms Emma Taylor.
Nice to meet you.
- Love the gear.
- Oh, do you? You know so do I.
(Emma giggles) This is a consistory court, summoned by my Lord Bishop, the Chancellor, Dr Dutton Jones presiding.
Let us rise and pray.
Guide us, Lord, in all our doings with your gracious favour.
And further us with your continua! help.
(Bicycle bell rings) Mr Brebner, you represent the Bishop in this? I do, Your Worship.
Mr Kavanagh, you represent Mr Winfarthing? Yes, Your Worship.
Who completely denies these charges.
Let us hear the Bishop's case, Mr Brebner.
Your Worship, er this matter arose in a written complaint from Mrs Anne Murchison of the parish of Heighthorpe in the diocese.
Mrs Murchison was widowed last year.
We have her affidavit.
You'll hear that, in her sad situation, she sought advice and spiritual consolation from Mr Winfarthing.
She claims he then took sexual advantage.
She alleges seduction.
The Bishop, as he is obliged in a serious accusation of this nature, submitted the matter to examiners.
Who judged there was a case to answer under the Ecclesiastical Jurisdiction Measure of 1963.
CHANCELLOR: This refers to Section 14? Yes, er"conduct unbecoming the office and work of a clerk in Holy Orders.
" As you know, the canons require those in Orders to be "of virtuous conversation and good repute, and be adorned of innocency of life.
" The penalties available to you, sir, are rebuke, monition, suspension, inhibition and deprivation.
Can I now have your full attention, please? You have three hours starting when I say.
No books can be used in this examination.
It you have any.
please hand them to the usher.
Now you may begin.
At this time, you were in a highly distressed state, Mrs Murchison, were you not? Yes, I was.
My husband had only just died.
A tragic accident, I believe? He went night fishing and drowned in the creek.
I was alone.
I didn't have any friends or relatives.
At the time I felt in total despair.
Mr Winfarthing officiated at the funeral and offered me his help.
Which you accepted? In all good faith.
He was sympathetic.
About the only one who was.
I found I needed that.
You began to call at the rectory frequently? Two or three times a week.
Where you saw Mr Winfarthing alone? Sometimes Mrs Harmer was there, the vicar's housekeeper, but she didn't live in.
Ah.
Then things changed.
How did they? He began telling me I was attractive.
Later on, he suggested we should have sexual relations.
He did? Against your will? Against my instincts.
I was only just widowed.
Yet full relations did occur? You have to understand, Mr Winfarthing can be extremely convincing, persuasive.
Charismatic? Yes, that's right.
Thank you.
I'm sorry to ask this, but just where did these relations actually take place? Where did we do it? At first, on the sofa in his study, and later on up in his bedroom.
CHANCELLOR: Let me make this dear'.
You didn't object at first? As I said, I needed a shoulder to lean on.
- When did you object? - When the rumours started.
You objected because of rumours? No, because I was sick of being used.
By someone I'd trusted.
Someone who said he was there to help me.
Someone who should have known better.
I wouldn't say housekeeper.
I just went and cleaned for him.
He's a marvellous rector.
Wouldn't speak a word against him.
But in your affidavit, you did describe Mrs Murchison's visits to the rectory.
Would you tell the court? Well, after the funeral, she came what twice a week at least.
First they talked a lot, then they stopped talking Oh? And what were they doing then? Not for me to say.
All I know is I went in a few times and they was very red-faced.
CHANCELLOR.
That's all you can tell us? Very red-faced? Not tidy about the person either.
Mrs Murchison has told us they were having relations.
What are you saying? All I know is, when I went home the bedroom lights went on.
It's chemistry, isn't it? You always know chemistry when you see it.
Chemistry, Mrs Harmer.
The science of how elements combine or react with each other.
Did you ever see the vicar and Mrs Murchison quarrel? Have rows? They always got on nicely.
No quarrels? Then why do you think Mrs Murchison decided to complain to the Bishop about his conduct? Well, the town was talking.
The town was talking? What was it saying? Might have thought she were leading him on.
Him being such a nice popular vicar and her with her husband just dead.
People thought she were a bit of a witch.
Your Worship.
We know why Mrs Murchison complained.
She felt Mr Winfarthing had taken advantage of his position as a priest.
Surely this court, above all, must agree that even nowadays a man of the cloth has to be entirely above reproach? Indeed.
lnnocency of life.
Mrs Harmer.
I appreciate your support for your vicar.
But in your mind there's no doubt these two people were lovers? Don't like to say it, sir, but no, I don't.
Right.
That's it, I'm afraid, ladies and gentlemen.
Would you please stop writing new and fold your scripts? Housekeeper hasn't helped, has she? And the Chancellor's not with you.
No, he's not.
Big on innocency of life.
A difficult thing to prove.
That depends on how well he does on oath.
- The thigh boots are orange.
- What about these? The key, please.
I'll see you in the bar for a snack.
- In about an hour or so? - Yeah.
.
- Sexy buckles, fantastic heels.
- Oh, my God, foot fetishists? This is turning into a real rave.
Well.
let me introduce myself formally.
I'm Jeremy Aldermarten, barrister.
Um silky one actually.
How do you do? Amanda.
Preston-Stoke.
I'm in public relations.
Is that a Miss or Mrs or Lady, actually.
Are you married at all? Not at the current moment.
What about you? Not at the current moment, no, no.
Do you have children? I'm sorry, I'm asking all these questions.
I'm sorry.
- Never any time, is there? And you? - I hope not.
Good, um Have you taken advantage of these services before? Services? Oh, you mean the introduction agency.
Of course not.
I wouldn't dream of it.
For one thing, they're so disgustingly expensive.
Nor I, good Lord, no.
No, what a business.
I've just been so busy with corporate meetings and clients lately, there's been very little opportunity for, well Romance? Is that the word you're looking for? Quite understand.
Relaxation is what I was going to say.
Social life.
Quality time.
Have you ever thought how difficult it is for women to meet - men of taste and charm they can relate to? - Quite.
Hence one looks to Highflyers.
Yes.
Hence, at a pinch, one does.
(Bells ring) (lrritably) My lord (Phone rings) (Sighs) - Yes'? - Hi.
Dad.
Kate.
It's you! Are you all right, Dad? Thinking of you.
More or less.
There are 52 churches in this fine old city and every one of them is bonging like like the clappers.
Are you lonely out there, Dad? I'm getting used to it.
Anyway, I'm not alone.
There's Emma.
You remember Emma.
the one with the band.
Anyway, how are you? More important - how was finals? I've done OK, I think.
Yeah, pretty well, I think.
- Really? - Yeah, really.
Look, Dad, if you're getting lonely.
Just give me a call.
Take care.
Bye.
love.
(Cheering) Come on, Kate.
Come and have another drink.
Mrs Murchison, when you wrote that letter to the Bishop, did you clearly understand the consequences for Mr Winfarthing? He could be unfrocked.
Why not? He could do to any woman what he did to me.
Isn't the question whether he's a fit person to have care of souls, don't you call it? Not a very Christian attitude, is it? - Are you a Christian? - In a general way, yes.
But not in the particular way of attending St Nicholas' church.
You say you'd not met Mr Winfarthing before your husbands funeral.
No, I'd never met him at all.
But Heighthorpe's a pretty small place, isn't it? Surely you must have met or seen him somewhere? Seen him, yes, of course.
You told us that he was charismatic.
I take it that means not just in the religious sense? Did you think him attractive? Attractive, yes.
But I happened to be a married woman.
- Until your husband died.
- And then I was a widow, wasn't I? But until then you were a happily married woman? Happy enough.
You and your husband kept a pub? We owned the Sloop Inn, yes.
Well? What were the circumstances of your husband's death? Well, he drowned.
I mean, I don't know what happened.
He just went off to his boat.
And it was late.
You must have been heartbroken.
It was a terrible shock.
But you've got over it now.
Life has to go on.
I had a pub to run.
So, it was late at night, but he went to the boat? Yes, he was always off night fishing.
Your Worship, I suggest Mr Kavanagh is doing the same.
Mrs Murchison's remarks are not entirely consistent with what she told the Coroner.
Mr Kavanagh, I know we're freer than a civil court, but let us adhere to rules of relevance.
Indeed, Your Worship.
So you knew Mr Winfarthing only by sight before your bereavement.
But then you came to know him much better.
He was very helpful and supportive toward you, wasn't he? Yes, he was.
You've already told us that you found him attractive, and you didn't say this relationship was against your will.
You said it was against your instinct, didn't you? Yes.
You allege he seduced you.
Yes, he did.
Seduce.
Odd mystical word, isn't it? What does it mean? He lured you into falling in love with him? He was there to counsel me.
He was in a position of power and influence over me.
Just like you are.
But you don't strike me as a weak woman, Mrs Murchison.
Far from it.
- Were you in love with him at all? - Do I really have to answer questions like this? Well, quite.
Your Worship, I submit if a relationship is established, we have to look at its emotional character and who initiated it.
An Anglican priest is allowed to marry.
Mrs Murchison was a widow, Mr Winfarthing an unmarried man.
Perhaps we can leave those considerations until further evidence is taken, Mr Kavanagh.
The witness can be recalled.
(Bell tolls) Meanwhile I propose a prandial adjournment.
Thank you, Mrs Murchison.
- You're really quite a shit, aren't you, James? - Too right.
But why today? You're painting that woman as a merry widow who went looking for it.
Well? Women have been falsely accusing priests since time began.
Priests have been screwing women since time began.
You think he didn't do it cos he's got his collar turned round the wrong way? - Do what, Emma? - Used his position to take sexual advantage.
The examiners found a case to answer.
There's something odd about it.
A strong woman like that brings a charge like that? Why not just walk away? End of rumours, end of story.
Instead she wants him unfrocked.
He'd done her wrong, James.
She wants revenge.
Or she wants him all to herself.
You heard of De Clerambaulfs Syndrome? Delusory erotomania? The fantasy that men of status are madly in love with you? How you old guys flatter yourselves.
Well, someone's got to.
PROTESTOR: Justice for our priest! Justice for Mr Winfarthing! Save our priest! - Save the parish priest! - Save our priest! I think you have something significant for us, Mr Brebner? Er yes, Your Worship.
The um complainant Mrs Murchison instructed me during the recess.
She wishes to withdraw her allegations unreservedly.
What? (Muttering and applause) Quiet, everyone, please.
Quiet.
I have a written statement.
Please show me.
This is most strange.
Mrs Murchison writes: "I brought this complaint to the Church as a matter of principle.
It is wrong when a priest in a position of trust abuses a woman parishioner.
However, the dispute between Mr Winfarthing and myself has been resolved.
" (Muttering) I imagine the Bishop will accept that? Relieved, sir.
I see no alternative but the abandonment of the hearing.
Mr Kavanagh? I presume my client leaves with no stain on his character? No erm what was it? "Rebuke, monition, suspension, inhibition or deprivation"? He came presumed innocent of charge, he leaves innocent of charge.
I shall inform the Bishop accordingly.
(All fire questions at once) Why the devil would she do that? Maybe she found the whole thing too upsetting.
She didn't look very upset to me.
Extraordinary business.
Indeed.
No wonder you want to change the procedure.
Oh, not I.
I'm quite content.
And I look forward to resuming our mission with Mr Winfarthing.
At any rate, my warmest thanks to you, Mr Kavanagh.
Oh, I did nothing, Bishop, nothing at all.
Ah, but you did it with such aplomb.
EMMA: You think she'd have won, don't you? KAVANAGH: Yes.
So, what was it all about? EMMA: Thank heaven for small mercies, eh? Come on, next train to London.
AMANDA: That was wonderful.
Yes, there's nothing quite like Grand Night at Middle Temple.
By the way, I've got something.
If I can just penetrate this carapace.
You're lucky you're spared white tie and tails.
You're lucky you're spared designer chic.
What is it? Open it.
Heacham Hall? Can you manage it? I asked you to look in your diary, remember? And we both had windows.
Well Why not? Is that a yes? Yes.
Yes.
I mean yes.
Yes, yes, yes.
You should be off backpacking with your mates or something.
I would at your age.
And then we can start thinking what next.
And don't say the Law.
You want to keep that for yourself? Oh, for heaven's sake, your degree's in English.
Do something with it.
Be a writer.
A novelist.
Everyone in Britain's trying that.
It's almost compulsory.
How do you get on with Emma? - Not jealous, are you? - Of course not.
I just like to keep an eye on your female friends, that's all.
Don't worry about me.
I can worry perfectly well about myself.
And I'm not looking round for anyone, if that's what you're thinking.
I must get on now, love.
I'll see you later.
Bye, Dad.
Do forgive a second coming.
But a matter, another matter, has come up where I solicit your help.
May I take a pew? Please.
You will recall our peculiar case of Mrs Murchison? She hasn't complained again, has she? Not the verger this time? Rather more surprising.
Shortly after the case was dropped, she and Mr Winfarthing had a rapprochement.
Indeed they announced their engagement.
Good Lord.
So will you be officiating at the wedding? No.
I fear matters have taken a different turn.
Rather a grim turn.
After our little show in the cathedral, the police decided to re-investigate her husband's death.
Something must have raised their suspicions.
I think the night fishing intrigued them.
Apparently Tom Murchison hadn't put out a night line for years.
They asked for an exhumation order, which I had to permit, of course.
The original inquest found accidental death.
The new pathologist concluded Murchison had been struck on the head and his body put in the water.
Oh My sentiment exactly.
Mrs Murchison has appeared in the Magistrates' Court charged with her husband's murder.
What's the evidence? Is there anything to link her? Oh, gossip, I fancy.
- Heighthorpe's a turbulent parish.
- Gossip isn't evidence.
The police are satisfied there's evidence enough.
Mr Kavanagh, Mrs Murchison has specifically requested that you should represent her.
I am a humble intermediary.
But I appeared against her.
Evidently you made a strong impression.
I hope you hear my plea, Mr Kavanagh.
We all put the utmost faith in you.
KAVANAGH: So, this is where it all started? - How long's the place been for sale? - Ever since he died.
And he was serving in the bar that night? A good deal worse for wear, too, it seems.
And then he went off night fishing? Not much, is it? And it was never untied? No.
The Coroner's Court decided he'd fallen trying to get on board and hit his head on the pier end.
A couple of fowlers spotted him the next morning wedged by this stanchion.
He'd been tossed a lot by the tide.
There was no sign of a struggle or anyone else involved? Hence the Coroner's verdict.
But why the change of mind? I gather the police always had doubts.
For one thing, Murchison had form - grievous, dealing in stolen goods.
Then he went fishing without tackle.
And at last they had a suspect.
I'll be frank, Mrs Murchison.
There had been a question in my mind about whether, ethically, I could represent you.
But my Head of Chambers advised that I could.
Oh, I'm very grateful.
I have seen your work in court.
In fact, you probably started the whole thing.
How did I do that? Well, your questions in the cathedral about how my husband died.
I think that's what re-opened the police inquiry.
That's what gave them their chance.
There was new evidence, Mrs Murchison.
I always wondered why you asked those questions.
You presented yourself as a tragic woman who 'd been desolated by her husband's death, then sexually exploited.
My instinct was against that.
Well, you were right.
There was no marriage.
Tom Tom was a drunk and a bully.
He abused me.
After he died, Ian was the only one who understood.
Why bring those charges against him, then? I wanted us out of there.
Make a fresh start.
I still do.
Except it backfired, didn't it? Well, when it came to it, he couldn't leave his precious church, and then the stories started and made me the witch of Heighthorpe.
After that, there was no point going on with it.
You see, I'm the victim.
I didn't kill Tom.
I need your help, Mr Kavanagh.
I don't believe it.
This time it's a greenfly gathering.
Lift it gently.
Mind the wings.
- James.
- Well, well.
Miss Harker.
So, here we are again.
On opposite sides this time.
- In court, not here.
- Very true.
Dinner? Haven't you two Oh, no, don't mind me.
I can find my own fun, really.
I'm sorry.
Eleanor Harker, prosecuting.
My junior, Emma Taylor.
- You're looking great, Eleanor.
- I am great, thanks.
How about 7:30? Drovers, just up the street.
- Looks quite good.
- Mm.
- See you, James.
- See you tater.
Miss Harker and I go back a very long way.
Obviously.
I'm so sorry to hear about Lizzie, James.
Yeah.
The kids have been great.
But er Well, they're both away at college.
Kate's about to graduate from Cambridge.
Matt's close behind.
I remember them from when they were little.
So, did you ever get back with Neil? Who? You know our trouble? - We remember far too much about each other.
- There's far too much to remember.
What do you remember? I remember you said once you thought the boys who went out with me always ended up with bruises on their arms.
Well, it's true, isn't it? You're a survivor.
When did I say that? In Portsmouth.
In a crappy hotel.
- I tried to make a pass at you.
- I was flattered.
Oh, you're such a gent, James.
I was a bit of mess then, wasn't I? I never thought so.
(Press all shout at once) She has no comment to make.
Thank you.
There is no comment, no comment.
ELEANOR.
Members of the jury, this is a somewhat unusual case.
Between the commission of what we shall demonstrate was a cruel crime, and the police inquiry, there was a gap of three months.
Still, there's a saying, isn't there? "The mills of God grind slowly, but they grind exceeding small.
" The Crown submits to you that, when the evidence is heard, there will be no doubt in your minds that somewhere around midnight on the night of November the 14th last year a murder was committed.
And that the one person who had the motive, and the opportunity, to commit that murder was the defendant - the victim's wife, Anne Murchison.
Dr Holmes, you are the Police Forensic Adviser who examined the exhumed remains of Mr Murchison? Yes, I am.
Do tell the court what you found.
As you'd imagine, I was confronted with significant decomposition.
However, I wasn't able to confirm the findings of the first autopsy.
That determined serious head injury with skull fracture and subdural haematoma, presumed accidental, and waterlogged lungs.
Nothing wrong there at all.
But my findings were that the injury was not accidental.
And how might that non-accidental injury have been caused? There were traces of metal, pewter apparently, consistent with a blow from a weapon.
Pewter? As in pint pot? As to the precise nature of the object, I've no idea.
Can you think why this wasn't seen at the time? Well, the body had been immersed in sea water for at least six hours and further damaged by being tossed by the tides.
Also, it was easier to examine the wound after decomposition had set in.
Thank you.
A blow to the head with an implement, then.
Could that blow have been struck by a woman? Come now, Dr Holmes, we recognise most things a man can do, a woman can do just as well, don't we? I believe that is the correct position.
Well, yes, especially if the victim were already incapacitated in some way.
Drink, for instance? Yes.
Was there any evidence of that? All I can tell you is that the condition of the liver was consistent with heavy alcohol consumption.
So, Mr Murchison chose a natural habitat when he decided to keep a pub? Dr Holmes, from your evidence we know how Mr Murchison died.
A blow to the head with an object.
Pewter, yes? We know circumstantially roughly when, within a few confused hours at least, but you've no evidence to offer where.
Well, on dry land.
Well, there's an awful lot of it about, isn't there? And you've none to give us about who.
No, that's not my competence.
No, not your competence.
You said that the blow could have been struck by a woman.
Highly unusual, isn't it? DR HOLMES: In forensic experience it would be more usual for a woman to select another weapon of choice.
Knives and poison being the most familiar.
So when, in forensic experience, might a woman go for something less familiar? Well, if something else came to hand at the crucial time.
Very well, let's try and imagine things at the crucial time.
We can all see, can't we, that Mrs Murchison is a healthy young woman? But wasn't the victim a very strong man? - He was a former fisherman.
- He was physically very well built.
He was also a good deal older.
But if he was incapacitated with drink But you haven't established that, have you? No.
So, let's see where we are, then, shall we, Dr Holmes? We don't know where the crime was committed other than on dry land.
We've no evidence as to who committed it, except it was more likely to have been a man than a woman, yes? And aren't you now saying that, as far as my client is concerned, you really can't imagine how? Lost at sea lost at sea.
People here live with storm and disaster.
That's why religion means much more to them than most.
You love this church, don't you? It sails like a ship itself.
It's everything to me.
I must say your congregation supported you well in your time of need.
At the cathedral, you mean? Yes, I've come to regret that.
A good and loyal congregation can soon turn from trust to blame.
You, you mean? No, I can't complain of that.
Anne - the one beyond the fold.
She's the outsider.
They see her trying to take away their vicar and now they want revenge.
- You're still engaged? - Yes.
Yes, we are.
To be married.
There are people round here who think she's evil.
You and I know she didn't kill her husband.
James.
That's where we laid him, yes.
The body was floating just under the water.
I asked the fowlers who'd seen him to wade in with me and we got him on the bank.
Did you see any signs of a blow to the head? Yes, ma'am.
But it had been banging against the stanchion all night.
Did the Coroner's verdict worry you at all? Not then, ma'am.
We expected it.
Did you? Why? We all knew Tom Murchison.
He often got totally inebriated and went for a wander.
It weren't no surprise to anyone he ended up in the creek.
Often got totally inebriated? Did he really? Thank you.
He often got totally inebriated.
But that wasn't all you knew about Tom Murchison, was it? He'd been in custody, hadn't he? What er three times, four? Four Affray, actual bodily harm, dealing in stolen goods.
That's right, sir.
You knew he was a violent man with criminal contacts.
Was any check made on his known associates? We checked, sir.
We found nothing.
But if violence was done to Mr Murchison, he did know a number of violent people who might have reason to offer him some? We found no evidence to that, sir.
It doesn't surprise me.
You didn't find any evidence of the murder until three months after it happened, did you? Sergeant, you're local.
Would you say Mr Murchison was a popular man? Pretty popular.
Yes, he was.
Yet he had a police record, he was a known drinker.
How do you explain that? He was local, you see.
And Mrs Murchison wasn't local, was she? Did that have anything to do with why she was the prime suspect when you suddenly decided it was time to do your job properly? No, sir, not at all.
You had rather a good day, James.
You were leading.
- Was I really? - You know very well you were.
Still, he's a nice judge, isn't he? Where are you now? I remember you had this enormous pile in Wandswonh.
Too big, too empty.
I moved to a nice little place in Maida Vale.
All by yourself there, are you? It's rather seedy, I'm afraid - living off immoral earnings, keeping a disorderly house.
Nevertheless, your cross-examination was terribly good.
Oh, well, it's the rapier touch, you see, isn't it'? The sudden stab from the side.
This isn't seedy, though, is it? This is very grand.
This booking form.
It says the bridal suite.
Ah.
Well, we've been a computer-enhanced couple for a few weeks and I was hoping if you didn't terribly mind Really? Sorry, not on, then? Of course, I'd be delighted to share a room with you.
But, quite frankly, the bridal suite.
Yes, absolutely.
It's vulgar.
I'll change it at once.
And why are we called Mr and Mrs Whittington? It rang bells.
Lord Mayor of London.
I don't think so, Jeremy.
If we're going to keep company, let's use our own names.
But I just keep on going? No need to turn again? Funny man.
- Have you still got that place in Camden? - Oh, it's a dump.
That's why I like it up here.
All these long beaches and huge skies.
Mm, Constable skies.
They've got some of his stuff at the museum.
I thought we could have a look if you were staying up over the weekend.
- Is that what you're doing? - I thought so.
On my own.
Why not? Why not? Mr Kavanagh.
It's for you.
Yes, thanks.
Kate? What are you doing? I'm in Cambridge for my viva tomorrow.
Dr Tutin says I've been vivaed for a First.
Oh, that's great! Oh, it's in the bag, love.
- My daughter, she's being vivaed for a First.
- Mm, good-oh.
Are you with Emma, Dad? No.
No, I'm not.
I'm with Eleanor Harker Oh? Who's that? A very old friend I haven't seen for ages.
No, a professional friend.
Oh, I see.
Bye, love.
ELEANOR.
Mr Barton, you were a regular at the Stoop inn and I understand you were there on the night Tom Murchison died? I was.
For a bit.
Were Mr and Mrs Murchison behind the bar? At first.
Until he got a bit of a load on.
"A load on"? Yes.
Did anything happen between them? Well, him and her had a row.
Would you describe it, Mr Barton? He called her a slag and gave her a slap.
You mean he hit her? He said a slap.
Oh, it was a tap, like.
So she threw a pint of bitter over him.
Did she? Jolly good.
- Miss Harker - My lord.
What happened then? Oh, she were furious.
Said she'd do for him one of these days.
- She threatened him? - Well, yes.
And what did Mr Murchison do then? - Went upstairs and changed his clothes.
- How do you know that? Cos he came down again, didn't he? In a thick jersey.
Then he went off.
What time was that? About 10:30.
Do you know where he went off to? No.
I left when she closed.
Just after 11.
People go to bed early in Heighthorpe.
- Did you go to bed early, Mr Barton? - No.
Went to Queen's Head in Quay Street.
Did you see either of them again that night? No.
Saw his car though.
Just after 11:30.
You saw his car? Did you see who was driving? No.
Not him, I hope, shape he was in.
- Where was the car heading? - Down the causeway.
Toward the creek.
This row you witnessed at the Sloop, Mr Barton.
Was it an uncommon thing? No.
Never hit it off, those two.
One was chalk, the other cheese.
Explain that, will you? Well, Tom Murchison was easy-going.
Got on with everyone.
She was stuck-up.
Well, he was local.
She's a foreigner.
- A foreigner, is she? - Well, she is round Heighthorpe.
So Mrs Murchison was never an accepted member of the community? No.
Never settled.
Always looking for trouble.
Are you a churchgoer, Mr Barton? I am.
- Is Mr Winfarthing a good vicar? - He was.
Good man, till she got her claws into him.
The er car you saw going toward the creek that night.
You'd been drinking yourself, hadn't you? In how many pubs? Four And after you'd been in four pubs, you're still sure that the car you saw, on a black night, belonged to the Murchisons? I'd know it anywhere.
I should think after what you'd drunk that night you could see it anywhere, couldn't you, Mr Barton? - Well, here's to the weekend.
- I'll drink to that.
- What will you have? Gin? - Please.
- Dad.
- Kate.
What are you doing here? Thought I'd come over and see if you were all right.
Yeah, lovely.
Er, this is my daughter Kate.
Eleanor Harker.
- Yes, hi, there.
- Hi, there.
We met once.
You won't remember.
In your house, you were about so high.
You knew Mum? Yes.
I was a young lawyer then.
Your parents were very helpful.
James was a brilliant young barrister.
Still am.
- So you're having a nice time? - Yes, thanks.
Shouldn't you be worrying about that First? It's out of my hands now, Dad.
It's all right.
All right? What's all right? Don't be so stuffy, James.
I'll get you that drink.
Two gin and tonics, please.
She's really nice, Dad.
Well, Highflyer Heaven.
Most barristers I know are fat.
Too many stodgy dinners in Hall.
Some of us like to keep the machine in fighting trim.
Oh, you are frightfully fit for your age, aren't you? I mean, last night, well Top up! Yes, please.
Here's to it.
And another to tonight.
I like ambition in a man.
Tell me about your public relations.
Mm.
I arrange lectures, for ladies who lunch.
- Brings in a good whack, does it? - It doesn't bring in any whack at all.
- I do it for fun.
- Fun'? One meets such interesting people.
Scientists, actors, writers.
- Well, I'm amazed you bothered with Highflyers.
- Oh, those people.
They do lead such disordered lives.
I thought I might meet someone mature at last.
Did you? Oh, look at those.
Aren't they lovely? - What? - Those adorable children.
(sighs) Wouldn't you like some? Miss Lambert, you are the evening waitress at the Lion Hotel in the Market Place.
Would you tell the court what you saw on your way home? I walked down Church Street past the Sloop Inn.
I saw Mrs Murchison come out of the inn in a wool coat with a small holdall.
You do know Mrs Murchison? Oh, yeah, we were friends.
I felt sorry for her.
Good.
Then what happened? She got in her car and drove off.
How do you know it was her car? A white Ford Sierra.
I'd seen her driving it.
Which way did she go? Well, she could only go one way.
To the Market Place.
Church Street's a one-way street.
If you turn left at the Market Place, where does that lead? Past the green.
And from there? Down to the creek.
Did you see the car again? Not that night.
It was outside the Sloop next morning when I went past at half past eight.
You're absolutely certain about what you saw? You do know it is very important.
Yes, quite sure.
Quite sure.
Thank you.
You said you know Mrs Murchison's car, a white Ford Sierra, but how many of those are there in Heighthorpe, do you suppose? - Quite a few, I reckon.
- Exactly.
So you can't be sure it was hers, can you? Yeah, I can as it happens.
It's got a Good Pub Guide sticker on the windscreen.
You're certain that it wasn't a different Sierra? Another person coming out of the Sloop? A customer perhaps? It was definitely Mrs Murchison.
In her car.
I have to tell you, Mrs Murchison, I'm not happy.
I'm sorry, I don't understand.
On Monday, you go into the witness box.
I take your instructions.
But you heard the run of evidence today.
An independent witness saw you leave the pub at 11:30 that night.
Well, she was wrong.
Let's go back to the consistory court.
You said there that you and Tom were close.
In fact, your marriage was in trouble and you were thinking of leaving him.
Well? Half Heighthorpe knew! What you told us wasn't true, was it? Why start it? I told you why.
Why did you marry Tom Murchison? I met him on holiday.
He was a fisherman.
He was funny, he was full of life.
Things were fine for a bit when we started the pub, till he hit the bottle.
And then it was my mother's life all over again.
So, at the time of his death, the marriage and the pub were in serious trouble? Yeah, but what's that got to do It gives the Prosecution the means to prove a motive, Mrs Murchison.
You have to help Mr Kavanagh.
Look, I was in trouble from the moment I came to Heighthorpe.
I wasn't their kind of woman.
I was married to a bully and an abuser, and I was supposed to be grateful for what I'd got.
Well, I wasn't.
I fought my corner.
I had no-one to turn to.
Except later on, Ian Winfarthing.
Yet you tried to destroy him.
He'd said he loved me.
I just wanted us both out of Heighthorpe.
I'll ask you again.
Did you go out that night? No, I didn't, Mr Kavanagh.
Yes, Tom and I were finished.
Yes, he was a bully and a crook.
And no, I didn't kill him! - Have a good weekend.
- Won't be as good as yours.
See you Monday.
Emma, Emma, don't be late.
Get the very first train.
It's the heart of the case.
- Did you decide about the Constables? - Ah, I've had enough of the place for one week.
What do you say to a sailing weekend? Do you know how to? I had a boat! Till I sold it.
Doesn't that make it rather tricky? We charter one.
You mean bunks on board and everything? I wasn't thinking of keeping you standing up against the rail all night.
What were you thinking of, James? .
Just two old friends having fun.
I'd like that very much.
Good.
(Wind howls) (Whistles) Ta.
Well, I never.
Yes, you did.
Never sailed south-southwest in a force seven.
Do you know there are new rules about the sexual conduct of barristers on circuit? I doubt they'll make a lot of difference, do you? Human nature being what it is.
Evidently, James.
Well, anyway, at least we didn't discuss the case.
Life and love.
The meaning of it all.
Anything but the case.
- Funny though, isn't it? - What is? The way your woman's upset everyone in town except the one person who had a right to be upset.
The vicar? Well, he enjoys innocency of life.
Lovely phrase.
Wouldn't it be wonderful to have pure, unvarnished innocency of life? Please, in your own words, tell the court what happened in the bar of the Sloop Inn that night.
Tom had been drinking all day.
It always made him aggressive.
We'd already quarrelled several times.
About? I told him I wanted to sell up and leave Heighthorpe, with or without him.
That night I found him taking money from the till, about 200 quid or so.
We rowed again and he struck me.
How did you react to that? I told him to get out the bar and leave me alone.
He went upstairs, changed and then went out.
What time? About 10:30.
I had a pub to run.
I carried on serving, shut about 11:00 and then got to bed.
Did you have any idea where Tom was going? I thought to his boat.
He had mentioned fishing earlier in the day, but I was worried though.
Why, if he was simply going fishing? I wondered why he'd taken the money.
I thought maybe he was meeting someone, doing some kind of deal.
What kind of deal? I'd no idea.
Tom knew all kinds of folk I'd never met.
Never wanted to.
Stolen goods, whatever.
No money was found on him, was it? Maybe someone took it, someone he met.
Mrs Murchison, you've heard a witness say that you went out yourself that night.
Did you? No, I didn't.
Perhaps she mistook me for one of the customers.
Several women were in the bar that night.
Your car, seen heading toward the creek? As far as I know, my car was outside all night.
It was there in the morning howl left it.
You were at the Sloop all night? Yes.
What happened the next morning? The police came and told me my husband's body had been found.
How did you react? Total shock.
Mrs Murchison did you kill your husband? No.
No.
Well, thank you, Jeremy.
I haven't had such a good time for yonks.
Priceless, wasn't it? I can't wait to do it again.
Snag is, I've got a really big fraud case starting Thursday.
So, why don't I give you a call as soon as I've got another window? - How long? - Hard to say really.
The case could last as long as three or four weeks.
I'll call you soonest.
Truly.
And I'll call you at the end of my month, let you know if it happened.
What? What? You mean, you You You didn't you didn't take I thought you said we were twin souls.
Well, exactly, yes, and so we are, twin souls.
A couple of high-flying professional people who wanted a discreet relationship.
I thought you wanted a child too.
Yes, but not this weekend.
I mean I I'm a young ish man, Amanda.
I'm just not sure I'm ready for fatherhood.
Pull over right here! (Tyres squeal) I know what you are, Jeremy Aldermarten.
You're a shit! Now, get my luggage out of your nasty little car.
Your marriage to Tom Murchison, it wasn't a happy union, was it? Probably no worse than many.
Wasn't he a strong, violent man who abused you? I'm quite strong myself.
Ah, you were a fair match, then? - Well, it didn't really come to that.
- Didn't it? Do I understand you were filing for divorce? No, I'd simply discussed it with a solicitor.
The Sloop Inn was jointly owned, wasn't it? I put my savings into it, yes.
A good investment would you say? Could have been if Tom hadn't drunk the profits.
It was seriously in debt, wasn't it? You must have been at your wits' end.
You tried to put it on the market, didn't you? - Did Tom agree? - No.
- He didn't want to leave Heighthorpe.
- You wanted this, he wanted that.
Things must have been tense between you, very tense indeed.
I haven't denied that we quarrelled.
"He called her a slag then gave her a slap.
" Why would your husband use a word like that? Because that's what men like Tom say in quarrels.
Was he accusing you of another relationship? No, it's what he said when he was drunk.
You said in evidence he left about 10:30, you shut at 11:00, then went to bed.
But you didn't, did you? Not immediately.
You went out.
No, that's not true.
Your car drove away then returned to the pub.
How did that happen, do you suppose? - Maybe someone took it.
- Someone took it? Then brought it back just as it was before.
So the witness who said you left at 11:30, that was wrong? Yes, it was wrong.
And the witness who saw your car driving to the creek, that was wrong, was it? - I never drove it.
- You were in bed at the Sloop.
You didn't leave the inn that night? No.
Alone in bed? JUDGE: Miss Harker I'm attending to this word "slag", my lord.
Let's get on.
The first you knew of your husband's death was when Sergeant Chenery called - at 9:30 next morning? - Yes, I said.
Didn't you wonder where he'd been all night? I slept right through.
Mrs Murchison, both at the consistory court and earlier in these proceedings, you suggested your husband had gone fishing.
Is that correct? Yes, to the creek.
Night fishing.
So, for the first time in several years, drunk and furious after your row, your husband chose to go fishing? Doesn't quite ring true, does it? Even the purest among us are capable of sin.
And if we listen to the Word, we can also find the way of repentance.
We blame others, talk against others when the sin is so often ours.
Lord, whose never failing providence orders all, we ask you to put from us all hateful things.
Let us be silent when we should.
And speak when we should.
The defendant has given her consent to call this witness? She has, my lord.
Miss Harker? No objections, my lord.
Very well, Mr Kavanagh.
Thank you, my lord.
You have come forward of your own free will to give this evidence? I couldn't stand by and see someone wrongly accused.
JUDGE: In your own opinion, Mr Winfarthing.
How long have you known Mrs Murchison? She came to see me last summer, for support and pastoral advice.
Her husband had been abusing her.
JUDGE: Let me be quite clear about this.
You say your acquaintanceship with Mrs Murchison began before her husband's death? Yes, my lord.
Did this pastoral relationship develop any further? Yes, it did.
We became lovers.
As a minister, didn't this relationship put you in serious difficulties? Yes, it was adulterous, of course.
If it had become known to the Bishop, I would have been unfrocked.
So it was a relationship that had to be concealed? Yes.
And that became even more important once her husband had died, in tragic circumstances? Yes.
Please understand.
This is a matter that's been agonising my conscience for many months.
Just how did you go about concealing it, Mr Winfarthing? We agreed to establish we'd never met each other prior to Mr Murchison's funeral.
Even to the extent of Mrs Murchison making a false complaint to the Bishop about your conduct with her following her husband's death? Yes.
It was a spiral, a disastrous spiral.
Now You've heard Mrs Murchison give evidence in court about where she was on the night her husband died.
Do you have any knowledge of where she was from 11:30 that night? Yes.
She was with me, at the rectory.
All night.
She drove to my house after she'd closed the pub and left again about 6:30 the next morning.
(Gasps of shock) Where was her car during that night? We locked it in my garage, as we always did.
Would there be witnesses to this? I feel sure there wouldn't.
We'd always been very discreet.
You heard Mrs Murchison give different evidence.
Can you suggest why? I believe she was trying to protect me.
Trying to protect your "innocency of life"? Yes.
Even though she was committing perjury and putting herself at risk? Why, Mr Winfarthing? I suppose for love of me.
I've been wanting to speak for some time.
I should have spoken before.
So, what happens to you now? I've let down my congregation, myself, and my God.
I shall have to resign my living.
Foreman of the jury, please rise.
Please answer my next question, yes or no.
Have the jury reached a verdict on which you are all agreed? Yes.
On the charge of murder, do you find the defendant guilty or not guilty? Not guilty.
- Morning.
- Morning.
Who put this here? Who? Oh, no idea, Mr Aldermarten.
Perhaps someone thought you might be interested.
Well, I'm not.
They're nothing but knocking shops.
It's so awfully difficult chucking people, isn't it? Remember that Lady Whatsername you kept ringing? What? Has she called? I was just reading about her in the paper.
She's just got engaged to some aristo.
Er Lord erm Kesteven.
Big society wedding.
Lord Kesteven? But he's about 60.
And he's skint.
Maybe, but she ain't.
Ever read the Sunday Times Rich List? She's in the Top 500.
(Chatter) I knew you'd play a blinder.
A Second's hardly a blinder, Dad.
I must have cocked up the viva.
- That's utterly ridiculous.
- Oh, come on, James, just congratulate her.
He can be such a stuffy old fan, can't he? - Gets worse.
He needs attention.
- Oh, this is the other one, Matt.
Down from Newcastle.
Eleanor Harker.
Hi.
Another lawyer, right? Weren't you up against him in this randy vicar case? That's right.
He won.
Which means I lost.
I came up with one lucky witness.
I've a feeling I handed it to you on a plate when we were out on the boat.
Out on the boat? Nobody ever explained the car on its way to the creek.
Mr Winfarthing.
I wondered if I'd find you here.
For the last time.
May I have a word? Of course.
How's Anne Murchison? She's staying with friends.
Do you intend to see each other again? She did lie for you - in two courts.
That depends on her.
Forgive me but er l can't help going back over the case.
I don't suppose you can either.
I struggle with it every minute of the day.
That consistory court.
It wasn't just a charade to protect your innocency of life, was it? No, Mr Kavanagh.
It wasn't.
Because the day he died, Tom Murchison found out about you and Anne, didn't he? When he left the pub, he didn't go to his boat at all, did he? No.
Drove to the rectory.
He was carrying a fisherman's knife.
Came at me with it.
I had no anger, no rage in my heart.
Just fear for my life.
Picked up a pewter jug.
I struck him with it.
Anne was there too? No, she had nothing to do with it.
But you called her soon afterwards'? Yes.
She drove her car to the creek and helped me put Murchison in the water.
I presume she planned the smokescreen.
The letter to the Bishop.
She's a strong woman.
Much stronger than I am.
So it seems.
What do I do now, Mr Kavanagh? Surely you go to the police.
I always understood that the way to salvation was the confession of sins.
But then I'm no churchman.