Kavanagh QC (1995) s04e06 Episode Script
Dead Reckoning
1 (Police radio) The others? All of them? All gone.
All right, Danny.
(Squawking) (Frenzy of screeching) MAN: Most of us don't need a memorial to remember those five lads.
Their names will be in our hearts for ever-.
Lee Drechler Pete Wells my only son, Paul And, of course, Jeanetta Morgan's twin boys .
.
Doug and Martin.
They were born on the same day and they died on the same day.
They were never found, neither.
But they're together now in good hands.
But this memorial will remind future generations of now much we've lost.
And I'm proud to have helped in what little way I can to have got it put up.
Roy Arthur Lawrence? Yes.
I'm arresting you on five counts of manslaughter.
- You're not obliged to say anything MAN: Hey.
You can't arrest him.
His son was on that trawler.
But it may harm your defence if you do not mention when questioned something which you later rely on in court.
Anything you do say may be given in evidence.
EMMA: The Searchlight followed her and a shudder ran through all who saw her, for lashed to the helm was a corpse with drooping head which swung horribly to and fro at each motion of the ship.
A great awe came on all as they realised that the ship, as if by a miracle, had found the harbour, unsteered save by the hand of a dead man.
This is North Yorkshire, James.
Dracula country.
So? I want to have a Dracula experience.
We have a 200-page accident investigation report to know backwards, and a High Court Judge to face in the morning-.
We do not have time for a Dracula experience.
(Horror movie music) GHOULISH VOICE: Foolish mortals.
.
(Woman screams) to the Dracula Experience.
I was very nearly startled-.
How about you? (Growls) (Both laugh) (Sniffs) Ooh, doesn't that taste good? All I can smell is fish.
The sea's in our blood.
We're an island race.
It's pan of our historical memory.
My historical memory of the sea is half a dozen cans of Special Brew on a cross-Channel ferry.
KAVANAGH: Every time a trawler goes down, like the Rose-dale, or is decommissioned and taken out of the fleet, a little bit of us dies.
Do you know what I mean? He seems to know who we are.
Small community.
Outsiders are noticed.
KAVANAGH: So young.
How many trawlers does Roy Lawrence own? None, not any more.
The Rosedale was his only one.
But he's still a big deal in the town.
Caravan sites, gift shops, you name it.
Providing jobs, paying for the memorial.
They won't take too kindly to him being locked up, then, will they? REPORTER: Mr Kavanagh.
Any comment, Mr Kavanagh? (Reporters shout questions) KAVANAGH: Obviously a popular man, Roy Lawrence.
They joke we had to get a silk from London to prosecute cos no-one here dared take the case.
Which makes me the most unpopular man this side of Scarborough, right? Ooh, further, I'd say.
ROY: Morning.
- Morning.
Fine, thank you.
All right? Oh, will you excuse me a second? Morning.
How's your hotel? - Delightful.
- Mine's a calamity.
Paper-thin walls and an avocado bathroom.
This is Alan Sheedy from the CPS.
Cathy Winslow, defending.
Also from River Court, I believe.
What's called spreading the bet, isn't it? CATHY: We know who the smart money's on.
No jury will convict on the meagre fare his lot have cobbled together.
The evidence against your client is overwhelming.
Except we have the sole survivor who actually saw what happened.
Shame about the avocado bathroom.
KAVANAGH: Why did this dreadful tragedy happen? Because the defendant, Roy Lawrence knowingly and deliberately sent his trawler out to sea in an unsafe and dangerous condition.
He was the legal owner of the boat.
He had a duty of care towards its young crew.
And they had another more compelling reason to trust him because one of the victims that night was none other than the defendant's own son, Paul.
In the pursuit of profit, Roy Lawrence cynically and wilfully risked even the life of his only child.
Mr Samuels, from your forensic and mechanical examination of the wreck, I'd like you now to talk us through the likely sequence of events.
For the benefit of the court, my lord, we have a model of a trawler similar to the Rosedale.
A steel-hulled beam trawler, yes.
An 80-footer, I believe? Yes, my lord.
Built in 1968.
Would you illustrate, Mr Samuels? (Clears throat) Well, what we are convinced happened on her last trip was the following.
The twin derricks - that's here and here - were lowered to the horizontal.
The trawler was on the fish, shooting and trawling these nets here which are attached to heavy beams dragged along the seabed.
Now, when the heavy weather began to set in, the skipper, Daniel Peel decided to haul in his trawls like this, to raise them off the bottom to a level just beneath the surface.
Now, suddenly the port forestay, which was very badly worn, simply snaps under pressure from the heavy seas.
The derrick is now free.
It swings aft, crashing into the side of the main deck.
The starboard derrick is still at right angles to the vessel, and so the Rosedale now begins to veer to starboard leaving her beam on to the heavy seas, and the boat begins to capsize.
And what happened next? Well, the sole survivor, the skipper, Daniel Peel, was thrown clear, and he manages to climb into the starboard life raft which is automatically released from the starboard side cradle attached to the deck.
KAVANAGH: And Dan Peel was the only one who made it to that life raft yes? Unfortunately, yes.
But the rest of the crew should have been able, should they not, to climb into the second life raft automatically released from the port side cradle? They should have been.
But in this case, they weren't able to.
KAVANAGH: Why was that? Because the port side cradle, which held the other life raft in place, was so badly rusted it simply broke loose and sank to the bottom of the sea with the life raft still attached to it.
Complete guesswork.
- How the hell do you know that happened? - The defendant will not interrupt the witness.
You will have ample opportunity to put your case, Mr Lawrence.
KAVANAGH: The postmortem revealed that the cause of death was drowning, except with Paul Lawrence, the defendant's son.
What happened to him? Well, he actually died from massive head injuries.
He must have been killed instantly at some point before the vessel capsized.
KAVANAGH: What is the likely explanation for that? He was probably standing on the main deck - in this area here.
And then was hit with the full force of the derrick as it crashed into the boat side.
My son was as good as murdered.
This is all a bloody cover-up.
(Murmuring) Oh, peppery.
Nice.
Your old school bursar? Yes.
Yes, he was a real brick, the man was.
Took me aside one day and he said erm "Alders" - that was his little name for me.
He said, "Alders, I won't report you to the House Master this time, but if there's a next time, I will-.
Don't betray my trust.
" It made me feel terribly grown-up.
- What had you done? - What? That he wasn't going to report you for.
Oh, nothing.
Just some nonsense with some local girls.
(Laughter nearby) But that's not strictly true.
FOXCOTT: That's Simon Le Prevost, isn't it? Talking to Tom and the others.
Yes, so it is.
He'd be terribly cheap.
- Very efficient.
- Who? Philips, my old school bursar.
We're very behind with the admin, you told me so.
Of course, sorry.
Let's wait till James gets back.
Chat about it some more then.
But that could take weeks.
James is bound to string out the trial so he can ensconce himself by the seaside for the entire winter.
I wonder what they're hatching.
So shall I say it's a possibility or? Oh, I must learn not to be so suspicious of people.
Cheers.
Mr Samuels, you're aware, are you not, of the defendant Roy Lawrence's consistent explanation for the loss of the Rosedale? I am, yes.
He's said publicly on many occasions since the tragedy, including at the original inquest, that his trawler was, in fact, in collision with a submerged submarine.
What do you think of this explanation for the accident? I think it's nonsense.
Have you ever heard of the case of a trawler called the Antares which went down in 1990 with the loss of all hands? I believe I have, yes.
And what was the cause of that particular tragedy? Well It sank after a collision with a submarine, didn't it? Which the Ministry of Defence in fact admitted three days later.
How about the case of the Sheralga, sunk after colliding with the submarine HMS Porpoise in 1982? Familiar with that? I wasn't a marine inspector in 1982- I am not familiar with that incident-.
Well, to refresh your memory, after the Sheralga went down, HMS Porpoise made no attempt to rescue the crew, who were only saved by pure chance by a passing fishing vessel.
I could go on, Mr Samuels.
There are literally dozens of examples of submarines involved in 'incidents' with fishing vessels.
Do you still consider Mr Lawrence's claim that the Rosedale was in collision with a submarine to be nonsense? Well, maybe "nonsense" was too strong a word.
Thank you.
I'd like to turn now to another matter.
When the Rosedale was salvaged, she was towed to the Naval dockyard, yes? The wreck had to be kept safe for the duration of the investigation.
Where it was available for your experts to carry out their detailed examinations? Yes.
Being a Naval dockyard, Royal Navy personnel would have been able to look at her too if they wanted? They wouldn't have needed to.
Maybe not, but the wreck was sitting there for all and sundry to crawl all over.
Well, not quite all and sundry, because when Mr Lawrence's lawyers tried to get their marine accident experts to inspect the wreck, they were refused permission.
- Right? - But not by us.
No, not by you.
By the Ministry of Defence whose Royal Navy submarine did or did not cause the wreck to become a wreck in the first place.
No further questions, my lord.
Mr Samuels have you ever investigated a fishing vessel that's been involved in a collision with a submarine? Not personally, but I'm familiar with some of those extremely rare cases where such an event was supposed to have happened.
Like the ones Miss Winslow was referring to.
So why couldn't this be one of those extremely rare cases? Because there is no forensic or mechanical evidence whatsoever from the wreck of the trawler to support that idea.
KAVANAGH: So you'd rule it out? Without a shadow of doubt? Absolutely.
As part of your official investigation, you would routinely have inquired of the Ministry of Defence about all Royal Navy ship movements in the area at the time of the tragedy? Oh, yes, of course.
And what was the MOD '8 reply to your inquiry, briefly? Well, there was a Type 23 frigate, the HMS Cumbria, on station in the northeast approaches exercise area at that time.
And there was one submarine movement in that sector on that date.
But that was a surface transit only and not a dived operation.
And anyway, it was several miles away from the Rosedale's known course.
For us landlubbers, Mr Samuels, you are saying there was only one submarine in the area but it was never under the surface and, anyway, it was miles from the scene of the tragedy.
There was no Royal Navy submarine anywhere near the Rosedale the night she went down.
KAVANAGH: I think that clears up the matter of the submarine.
Thank you.
Mr Kavanagh? I need a word.
A private word.
- And you are? - Clive Crebbin, Ministry of Defence.
All right.
KAVANAGH: This is a complete disaster.
I've just finished telling the court that there wasn't another submarine within miles of the Rosedale, and now he strolls up and tells us there was.
Yes, it was a pity you had to be quite so specific in there.
But why didn't you lot tell the official inquiry about this particular sub in the first place? Well, it was a tricky one.
It wasn't one of ours.
Well, so what? What was it? American? No, not quite.
It was Russian actually.
We're all supposed to be on the same side now, what does it matter? Oh, yes, quite.
But, you see, if we admit that we knew the exact location of that actual sub on precisely that night, then they'd know that we still keep an eye on them.
- But they know that anyway, surely? - Yes, but Well, we don't want to let them know that we know that they know.
If you follow.
KAVANAGH: Anyway, we have to disclose to the defence.
We've got no choice.
It's not absolutely kosher, I don't think.
I don't give a toss what you think.
I'll talk to Mr Justice Hilditch in Chambers, see what damage limitation I can do.
But you'll have to give evidence.
That is a joke, I take it? In camera, of course.
Unless you prefer to let Cathy Winslow loose in open court with the information? Steady the buffs.
There is a third option, interestingly enough.
- Which is? - Drop the case.
Why the hell should we do that? If the trial proceeds and it were to come out later we knew about the sub all along, HMG could be a tad embarrassed.
Embarrassed? Tell that to the families of the boys who were lost.
I didn't want to disturb you.
Paul was seasick, you know.
Just before it happened.
If he hadn't been, he'd have been somewhere else on the ship.
He might have survived.
You can't blame yourself for that.
He'd been on the Rosedale once before.
I never told you.
He was as sick as a dog.
So he didn't want to go out on her again, did he? But I told him to get his backside on that trawler.
I thought it'd do him good.
It was an accident.
It wasn't your fault.
Maybe it wasn't such a good idea staying in Steignmouth.
You were the one wanted to bring his bucket and spade.
What is it? If we let the jury know there was a foreign submarine in the area, they'll assume Lawrence is telling the truth about the collision.
You need to understand, you know, that the Rosedale was in no better or worse shape than any other trawler in that harbour.
That's not what the MAIB report says.
Let's go.
Would you get out of my way, please? I found Paul Lawrence.
I fished him out the sea.
But I don't blame Roy Lawrence, none of us do.
Out of respect, is that? Or fear? Out of respect, I hope, Mr Kavanagh.
We're forbidden to talk to each other, I'm afraid, Mr Lawrence, 30 This is Jeanetta Morgan, by the way.
Twins' mother.
Yes, I know, but They gave up looking for her boys a week after the accident.
Said it was too expensive.
If you'll excuse us.
It's not fair what you were saying in court today-Everybody knows what happened-.
- I am truly sorry for your tragedy.
- It's all a cover-up.
The Navy knows damn well it was a submarine that capsized the Rosedale.
Please, don't upset yourself.
I lost both my boys that night.
What on earth do you know about being upset? What are we doing prosecuting this case? What? No-one here's blaming Roy Lawrence for this accident.
Not even the victims' families will give evidence against him.
And if the other trawlermen say the Rosedale was safe, they'd know surely, wouldn't they? If you've finished, shall we go and eat? I've lost my appetite.
JUDGE: This had better be important.
I rarely rise before eight bells in the morning watch.
We've come to make an ex pane application, my lord, in respect of some sensitive material recently brought to our attention.
Extremely recently.
We wish to disclose a limited part of this material to the defence, my lord.
I haven't even informed defence counsel of this application yet because of the sensitivity of this material.
And you are? Clive Crebbin, Ministry of Defence.
And the gist of this material, Mr Kavanagh? It would appear there was a Russian submarine in the vicinity at the time of the accident.
Mm.
Really? Did the Russians sink the Rosedale, then, Mr Crebbin? Deliberately or otherwise? No, my lord.
Is that the actual truth or the more flexible Whitehall version of the truth? The Russians did observe the Rosedale but from a distance of over a mile.
COURT OFFICIAL: Please clear the area-You will not be allowed in court this morning-.
I have already told you, clear the area now, you will not be allowed in.
What the hell's going on in there? The court is in camera this morning so if you'd all care to wait outside - Why? Who's in there? MAN: Why? - What's so secret we can't hear it? - Ben, leave it.
They're stitching Roy up, that's what they're doing.
(Angry shouting) Be on your way, please.
Please, clear this area.
How are you, John? Mrs Morgan.
I don't hold it against you, giving evidence, you know.
You're only doing what you think is right.
CATHY: Mr X which Government department do you work for'? You're not obliged to answer that question.
These intercepts you mentioned, how can the court be reassured that they provide a complete picture of all ship movements on the night in question? I'm not at liberty to answer, I'm afraid.
In which case, would you care to tell the court the exact time and location of this particular submarine, from this unnamed country, when she claims to have seen the Rosedale at a distance of "a little over a mile"? Sorry.
And what direction was the submarine travelling in at the time? So you won't tell us where it was or what direction it was going in? It wasn't called the Belgrano by any chance, was it? (Chuckles) To conclude this rather pointless exercise, may I ask if there is any information of any kind that you are at liberty to divulge that might shed further light on the matter of this particular submarine? Well, I can tell you Yes? It was definitely built within the last 35 years.
So we know it wasn't Captain Nemo and the Nautilus.
Thank you, Mr X.
EMMA: I don't believe a word of that smug git's.
That Russian submarine collided with the Rosedale.
- You know that for a fact? - You know it didn't for a fact? - Of course not, but - I don't want to be pan of a cover-up.
Well, do you think I do, for God's sake? Emma.
Emma, listen.
Those boys who died were the same age as Matt, most of them.
But we have to keep a lid on our feelings otherwise the whole system breaks down.
I'm allowed to be pissed off, aren't I? I'd be disappointed if you weren't.
Listen, I've been thinking.
You take the lad Campbell, I think it'd set the right tone.
But he's our star witness.
Well, if you're not confident.
No, I mean Yeah, I mean, great.
Erm Tom, this legal aid case.
Robbery in Grantham.
Not that I've got anything against Grantham, of course.
Let's not forget who it was who put the place on the map.
It's just mm, somehow not for me.
Oh, it's definitely for you, Mr Aldermarten, you were the next on the list-.
Tom.
Er Tom, will you stand still for a moment? - What on earth's the matter? - Matter? What have we all done wrong? Well, is it something We done wrong? River Court isn't what it used to be-.
What on earth does that mean? It's a question of trust, Mr Aldermarten.
Trust.
COURT OFFICIAL: The rest of you will have to wait outside.
(Angry shouting) Come back tomorrow.
Sorry.
(Silence descends) Mr Chiodini as a marine specialist, perhaps you could explain why the question of ballast is so important when it comes to marine safety.
Well, it's the ballast that keeps the vessel stable.
The amount required varies from ship to ship, depending on her size and cargo and so forth.
KAVANAGH: Now, according to the Rosedale's own stability booklet how was her ballast made up? Part of her ballast was solid concrete - here in the hull below the fish room-.
But this was supplemented with liquid ballast in the form of diesel oil, kept permanently in the double bottom tanks here and one on the port side-.
This is separate from the diesel oil which would have been used as fuel? Oh, yes, the oil for fuel is in the wing tanks - here and again one on the port side.
Never mind the fuel tanks, what about that submarine? JUDGE: Quiet.
Any further disturbances and the court will be cleared-.
80, ten us, when you came to examine the double bottom tanks of the wreck, what did you find in them? Sea water.
Sea water? - Not diesel oil? - No.
An obvious explanation for that would be that after the trawler sank and hit the seabed, the tanks simply emptied themselves of diesel oil and filled up with sea water? Not in this instance, no.
How do you know? We would have found traces of oil still in them.
The tanks must have been empty when the vessel put to sea.
That's a lie! Silence! Another outburst, Mr Lawrence, and you'll be taken below.
What would be the effect of putting to sea with empty tanks without the necessary ballast? Well, if the weather wasn't too bad, it might not have mattered But in the event of the vessel starting to roll over because of the port forestay coming away? The lack of ballast guaranteed that the Rosedale capsized.
KAVANAGH: Thank you.
No further questions.
Miss Winslow.
Pretty telling evidence, Mr Chiodini.
So the defendant empties the double bottom tanks of diesel oil before the Rosedale puts to sea, rendering her unstable, and then allows his only son to join the crew as a novice? Rather strange behaviour for a trawler owner, wouldn't you say? CHIODINI: I suppose so, yes.
- Why might he have emptied those tanks? Maybe he transferred the oil from the bottom tanks to the wing tanks to be used as fuel.
- That's quite a simple exercise, isn't it? - Doesn't take long.
But isn't it equally simple, then, to refill the empty tanks with sea water to maintain the crucial liquid ballast? Well, yes, but So why on earth would my client leave the tanks empty, thereby jeopardising the Rose-dale's stability? - I don't know.
- Because he didn't.
The truth is, there is absolutely no way you can state categorically that the double bottom tanks were empty when the Rosedale put to sea.
As I explained, the traces of oil There were no traces of oil because Mr Lawrence replaced the oil with sea water while the Rosedale was still in harbour.
When the vessel was still upright.
When no oil would have got itself trapped, like you claim.
That's a distinct possibility, isn't it? - Well - Isn't it? Well, it's a possibility, yes.
Then if it's a possibility there was sea water in those tanks when she left harbour, you can't be certain, can you, that the Rosedale capsized because of a lack of ballast? - No.
- No.
You see, it's a cover-up.
They're all in on it.
Remove that man from the court immediately.
(Rowdy chatter) Come on, then, you've had your chance.
Yeah, all right, all right.
The jury have requested that they be allowed to visit the wreck of the Rosedale.
In the light of this current disruption, it seems to me to be an excellent idea.
Bit ghoulish this, isn't it? Doesn't help, either.
It's hard to imagine anyone sending their only child out to sea in that.
I spoke to Peter this morning-.
There's something going on back at base.
Tom's putting everyone's noses out of joint-.
Well, why didn't anyone tell me? Cos you've got enough on your plate, haven't you? That's been the biggest plus about this case - getting away from Chambers politics for a while.
Enjoy it over there, did you? My boys were never found.
That wreck's the nearest thing to a grave they've got.
Now you lot are swarming all over it.
The community wants to know the truth, doesn't it? I'm not sure any more.
This trial's tearing the town apart.
It was torn apart the night the Rosedale went down, Mrs Morgan.
Paul was all Roy Lawrence had after his wife left him.
That lad should never have been anywhere near that boat.
How do you mean? Because he couldn't take it.
He'd been out on her once before and he was seasick.
KAVANAGH: So why did he go out in her again? Mrs Morgan? Why? We can't accept this, Tom.
Well, I'm sorry, my mind's made up.
Tell us why at least.
You can't just leave without an explanation.
I always thought River Court was a cut above the rest.
Well, we are, Tom, we are.
Aren't we? I know other Chambers are doing this, but I thought that we'd resist it.
What? Please stop faffing about and tell us why you've resigned.
Bringing in a practice manager to take over my duties.
- What do you mean? - Your old school bursar.
What's his name? - Philips.
- Philips? Oh, Tom, you've got this completely arse about face.
Have I? I was suggesting him for an admin position pan time.
Oh, for heaven's sake, I wanted to give the poor old bugger a chance to tidy up some paperclips, not become Chambers' Oberfuhrer.
It's the thin end of the wedge, Mr Aldermarten.
We haven't even decided to employ him.
I'm going to put this on hold, Tom, till James and the others get back and we can talk about it coolly and calmly.
I think it's best I go now before there's any bad blood between us.
I can't help feeling there's a hidden agenda here.
There's nothing you're not telling us, is there, Tom? This is an absolute catastrophe.
Have you any conception what this will do to our income? - Mm, I'm afraid I have.
- A council of war is required, posthaste.
- I shall phone James.
- No.
No, he's right in the thick of it up there.
A more drastic move is called for, I think.
Speak up, young man, we all have to hear you.
Three.
Three times.
And were these three trips you made on the Rosedale uneventful? Did something go wrong with the vessel each time? Yeah.
What happened on the last trip? The one you made on her only four weeks before she sank.
(Exhales heavily) Did something happen with the steering gear hydraulic pumps? - Did they work properly? - No, they failed.
They failed? And what did you have to do then? Did you have to rig some ropes and tackle at the tiller to move the rudder and steer the boat back to port? My lord, the court has been made aware of the minor faults on the Rosedale.
Routine wear and tear on a hard-working trawler.
Miss Taylor? What interests us, my lord, is the cumulative effect of the substantial number of these faults on the overall seaworthiness of the vessel.
Proceed.
On the trip before your last, did you and the engineer pump out the engine room bilges Is my learned friend going to answer her own questions or shall we hear from the witness? I've nothing against her dulcet tones, you understand.
The witness is understandably reticent, my lord.
After all, he's giving evidence against someone obviously well supported in the community, not to mention in the gallery.
But he isn't giving evidence, you are.
- (Low chuckling) - Miss Taylor.
Yes, my lord.
So, after your last trip in November 1995, did you want to sail on the Rosedale again? No.
Because, in your view, she was dangerous.
Unseaworthy.
- Was Paul Lawrence a friend of yours? - Yeah.
Did you tell Paul that the Rosedale, in your opinion, wasn't seaworthy? Yeah.
And did you tell the Morgan twins the same thing? Now when you told Paul's father, Roy Lawrence, that you didn't want to sail, were you expecting Paul to take your place on the crew? Of course not, no.
So, when you heard he was going to, - did you try and persuade him not to? - Aye.
- He was my mate.
- But Paul still went, didn't he? Why do you think that was? Mr Campbell, did you get the feeling that Paul was being forced by his father to go against his will? My lord, my friend is continuing blatantly to lead this witness.
I won't remind you again, Miss Taylor.
Didn't Paul actually tell you that his father was putting him under pressure to go? Didn't Paul actually tell you that the night before the Rosedale set sail? No.
No? Are you sure? Paul never said anything to you about his father the night before? The last time you saw him alive, in fact.
No.
Think carefully, Mr Campbell.
Are you now saying that Paul actually wanted to go out on the Rosedale? Yeah.
He did.
Really? - Did he? - Yes.
Hold you.
I think my learned friend has had her answer.
You claim you quit your job as deckhand on the Rosedale because you felt she was unseaworthy.
Did you tell Mr Lawrence that? Did you say to Mr Lawrence, '1 don't want to sail on your trawler because she isn't safe'? Or words to that effect? No.
You told him you were ill, didn't you? Yeah.
- Which wasn't true.
- No, but Didn't you think it your responsibility to let Mr Lawrence know you thought his trawler was unsafe? Didn't it worry you that other people, including, as it turned out, your best friend, were about to sail in her? Isn't that why you're giving evidence at this trial Mr Campbell? You feel guilty about your friend Paul's death.
Hardly surprising, then, you're looking for someone to blame, is it? EM MA: I'm cheesed off with Cathy, you know? She'd no need to take the piss like that.
I warned you.
Why didn't the little so-and-so stand by his story? We should have asked for him to be declared a hostile witness.
I don't think so.
He was scared out of his wits.
He wouldn't have given us anything under cross-examination.
I made a real balls of it, didn't I? - I'm afraid you did.
- Oh, thanks.
Well, this was never going to be easy, Emma.
They can't believe that one of their own could be responsible for these deaths-.
They have to find outsiders to blame.
Ministry of Defence, whoever.
We've got nothing going for us, James.
You said yourself we're not going to win this on the technical detail.
There's something staring us in the face and it's to do with the ballast.
Why did he empty those bottom tanks of diesel oil? To use as fuel? Yes, but why? He'd never done it before.
Maybe the whole thing was an insurance scam? No, I can't believe that.
Not with his son on board.
It is about money.
Lawrence is greedy, it's in his nature.
What the hell was he up to? (Harbour bell) ROY: What are you going to do? How do you mean? After, you know.
Why do you ask? Look, Jeanetta, it's It's not easy to say but when this is all over I was hoping, you know, well there's you in your empty house me in mine.
It seems daft.
All that wasted space.
How can you be thinking of things like that? Is that a no? (Sighs) It's looking like rain.
Let me drive you home.
I told him I didn't begrudge him being a witness.
Let bygones be bygones.
(Pings reception bell) EMMA: Hello? You fancy a nightcap? Large brandy? I know all about you.
A long way from London with female co-counsel.
How is Eleanor Harker by the way? It's none of your business.
I'll take a rain check.
That's it, then.
Early night with a good book.
Oh, damn it, I've left it in the car.
- Sweet dreams.
- Good night, Emma.
(Beeps) Mr Kavanagh.
- What do you want? - Danny Peel gives evidence tomorrow, right? So? He's a good man, Dan.
Mr Roberts, it's late.
Look, I've seen how you work.
Twisting people's words.
Danny saw that submarine.
Yeah? Just you let him tell it like it happened.
Don't threaten me, Roberts-.
If Roy's found guilty, you'll have buried the truth.
And we'll not forgive you for it.
The dirty weather had set in.
80! decided to short haul the gear.
I'm heading into the seas when suddenly, and for no apparent reason, like the er port forestay comes away.
I look from where I'm standing, just outside wheelhouse, and I could see the loose derrick swinging aft and into the main deck.
But as it starts its swinging, I see this big black shape pass down the side of the boat from er for'ard to aft.
Then as large as bloody life I see the submarine, in the trough of the wave amidships.
I could see her conning tower and er reckon that's what it must have been snagged the trawl and forced the stay to part.
I couldn't hardly believe what I was seeing.
The next thing is that we 're er beam on to the sea cos the starboard derrick's still out horizontal and er over she goes.
Er then I I remember being in the water, seeing the life raft nearby and climbing into it.
The er The Rosedale went down so quick I I couldn't believe how quick she went down.
It was like she'd never been there.
Why do you think the submarine came up alongside you like that? Well, er obviously she had no idea we were there.
Thank you, Mr Peel.
Mr Peel, to return to the question of the ballast we've heard so much about you would swear, under oath, would you, that the double bottom tanks were full when you put to sea? Aye.
You checked those tanks yourself while the Rosedale was still in harbour, did you? No, you didn't.
In fact you didn't know those tanks were empty.
You were only told that later, after you'd been rescued.
- Isn't that the case? - No.
You've bought yourself a beam trawler recently, haven't you? The er North Riding, I believe? - Well, what's that got to do with owt? - How much did she cost you? - As a matter of interest.
- Do I have to answer? I'm afraid you do.
But get to the point, Mr Kavanagh.
KAVANAGH: Well? What, including the licence and the quota and all? Yes.
About 320,000, give or take.
Which you secured with a bank loan, I assume? Mr Peel? Aye.
Mostly, like.
Mostly? 200,000? 250,000? 270,000.
And the remaining £50,000, where did that come from? Roy Lawrence gave it to you, didn't he? Aye, he did, but that's got nothing to do with He gave you £50,000 towards your own trawler.
Moreover, he gave you the money barely weeks after he'd been arrested and charged with manslaughter.
Clearly.
.
.
Roy Lawrence's generosity knows no bounds, does it? My lord, my friend is goading the witness.
Mr Kavanagh, is this circuitous journey through the witness' business dealings about to lead us somewhere? Er I believe so, my lord.
It's our contention that the defendant Lawrence gave Mr Peel this money as an inducement to perjure himself Most of your story about that tragic night is fiction, isn't it? It all happened, I'm telling you.
You saw a submarine "in the trough of the wave amidships" and "the conning tower as she passed by"? It may have been dark but that is definitely what I saw.
Explain this to me, then.
How did you manage to see this huge submarine "as large as bloody life", as you put it, but she didn't manage to see you? She could have just been coming up from the deep, right? So, by the time she's raised her periscope, she's already well past us.
Interesting, Mr Peel.
You seem remarkably knowledgeable about submarines.
Oh, aye.
I've always been interested in naval vessels, like.
Indeed.
It was a Royal Navy sub in the collision, I take it? No doubt about it.
Trafalgar Class.
Well, you can tell by the shape.
You're sure it wasn't an American sub or a sub from somewhere else? No, definitely one of ours.
Thank you, Mr Peel.
No further questions-.
(Murmuring) (Jeanetta sighs) Did he do it on purpose? They won't say but Poor little mite.
Him and Paul were inseparable.
They used to go round everywhere together.
He wasn't telling the truth in court about Paul and the trip.
I know.
Roy made Paul go.
To teach him a lesson.
What is it about Roy Lawrence, Mrs Morgan? Why does everyone back him up? I don't know.
We need him, I suppose.
And he enjoys being needed, doesn't he? The power it gives him.
I'd like to arrange a meeting between you and Mr Kavanagh If you're prepared to give evidence against Roy Lawrence, there's a chance justice might be done in this case.
I'm sorry.
KAVANAGH: We can't use what she told us.
You should have brought her in to see our solicitor.
EMMA: You can use it when you cross-examine Lawrence.
Not without disclosing to the defence.
What's there to disclose? Everybody knows Campbell was too scared to tell the truth.
Well, they do now.
The boy OD-ing doesn't make Lawrence guilty of manslaughter.
No, but it might stop people seeing him as some son of bloody local hero.
Ha! I thought you thought he was innocent? Submarine or no submarine, Paul should never have been on that boat.
FOXCOTT: Hello! Thought we might all have a confab.
As the three of you were already here, it seemed the most practical way to proceed.
Even though Tom's adamant he won't be dissuaded, he thought it only fair to let you all have a go.
Always been partial to the North Yorkshire coast, Tom, or is this a recent fad? Well, I thought it was the least I could do, Mr Kavanagh, before leaving River Court.
Give ah' parties a chance to air their grievances.
What grievances? You haven't got any grievances.
Well, that's not strictly true, Mr Kavanagh.
Mr Aldermarten suggests a part-time Chambers administrator and you turn into a temperamental diva.
If you're not prepared to be friendly about this FOXCOTT: Let's remain civil, everyone.
Why don't we adjourn and resume after dinner? I assume this establishment actually serves dinner.
On second thoughts, let's not.
Shall we er FOXCOTT: Look, Tom, let's forget all about appointing a Chambers administrator.
If that really is your problem.
Look, as I tried to explain before, it's the principle of the thing.
EMMA: What principle? Considering such a move without first consulting your loyal staff- me, Gary and the others.
You've been head-hunted, haven't you? - Excuse me, what? - By another Chambers.
Tell me I'm wrong.
It's a fair cop, Mr Kavanagh.
Simon Le Prevost.
I was right! You've manufactured this crisis so as you can go off to that bunch of scoundrels.
I'm disappointed, Tom.
Well, they'd be extremely grateful for my services, Mr Aldermarten, no offence.
KAVANAGH: Tom, listen to me.
You run River Court.
You decide where we go and how much we make.
We can't give you any more power or money, so if you want more and Le Prevost is offering, then take it and good luck to you.
However you don't really want to go, do you? You'd prefer to stay at River Court.
And we would prefer you to stay, too.
You've twisted my arm, Mr Kavanagh.
(Emma chuckles) A little test of our loyalty and appreciation, just to be sure.
And no chambers could appreciate you more, Tom.
Thank you very much, Mr Foxcott.
Welcome back.
Let's eat.
CATHY: You bought the Rosedale in the January of 1995.
- Where did you get her? - I bought her off Jeanetta Morgan.
That is Mrs Jeanetta Morgan, mother of the twins, Doug and Martin, who died in the accident? Right.
How much did you pay her for the trawler? £85,000.
But that was just for the vessel itself, wasn't it? Well, the Rosedale hadn't been out much in the year or two previous so her quota was down, you know.
She was cheaper than she might have been, but in all I paid out nearly £200,000.
A tidy sum.
- So why did you buy the trawler? - Well I knew Jeanetta's old man, Stevie Morgan, who owned and skippered her.
After he died, I thought I could help Jeanetta and the twins out a bit.
(Sighs) Course now I wish I'd never bought her.
Maybe the boys would still be alive.
Now, the court has heard much detail about what was wrong with the Rosedale.
What's your genera! response to these criticisms? She's a working trawler.
She spent anything up to 30 weeks a year at sea.
Of course there was stuff wrong with her.
I was about to fix them all.
Even now I can't believe how unlucky we were.
How do you mean? I'd booked the Rosedale for dry dock second week of January.
You'd "stemmed" her for the 12th of January at the dry dock in Hull, I believe? Er, "stemming", my lord, is marine industry slang.
I'm aware of the expression, Miss Winslow.
It means "booking" for something.
Though perhaps not as in "stemming" for the opera.
(Low chuckling) The £50,000 you gave to Mr Peel to help him buy his own trawler Why did you lend him this money? Because I believe in this industry and in this town.
And if I could help keep another trawler here to replace the Rosedale, then the people of Steignmouth would be that little bit more safe from going under.
(Murmuring) Mr Lawrence, would you describe any of the faults on the Rosedale, either individually or all together, as serious enough to render her unseaworthy? Absolutely not.
But we do only have yours and Mr Peel's words for that.
Do you honestly think I'd let my only son go out to sea in the middle of winter in a boat that wasn't safe? (Murmuring) No more questions, my lord.
When Dan Peel was rescued and you heard what had happened you must have been devastated.
Could say.
(Sighs) When he told me about that submarine I could hardly believe it.
Actually, I meant about Paul.
Aye.
Course I was.
Now the Rosedale went down on the 10th of December, on a Monday having set sail the day before, Sunday the 9th.
Now, according to his evidence, John Campbell only told you he didn't want to go on the trip on Friday the 7th.
I don't remember the exact date.
You must have been pretty annoyed.
Given that he'd only left you the weekend to find a replacement deck hand.
Plenty of unemployed lads about these pans, Mr Kavanagh.
You London folk might not notice, of course.
(Murmurs of agreement) Steignmouth's whole fleet was out that week so there weren't any deck hands immediately available, were there? I don't know, maybe not.
And if you'd waited a week for a crew replacement, the Rosedale couldn't have got that trip in before Christmas, right? I suppose not, no.
Why didn't you simply cancel the trip until after Christmas when a full crew would have been available? What are you getting at? What I'm getting at, is that when John Campbell left you in the lurch, you decided that Paul was going to take his place, didn't you? Paul wanted to go.
I never forced him.
Had he ever been to sea before? Once, about six months earlier.
Why only once? Didn't he want to be a Seaman? He couldn't make up his mind what he wanted to be.
One week he wanted to work as a car mechanic, the next he's talking about going to college.
So there he is, your only boy, mooching round the house, never making up his mind about what he wants to do.
He must have driven you mad.
Ah, we had words every now and again but nothing out the ordinary.
So when Campbell let you down, you saw a perfect opportunity to exercise a little fatherly discipline? Send Paul out into the North Sea for ten days, that'll harden the lad up a bit, eh? (Sighs) It wasn't going to do him any harm, that's for sure.
And then Campbell tells Paul not to go because the trawler is dangerous.
- That must have really put your back up.
- Too right.
The boat was safe enough, don't you worry.
'Safe enough'? Safe enough for whom? An inexperienced 19-year-old who's scared of the sea? Why did Paul go out in her if he was scared of the sea? Because he was scared of you more! You think I wanted my only son to be killed? No I don't.
But when the Rosedale went down, you had to find somebody to blame, because if it was your fault, the guilt would have been too much to bear.
All right, I admit I wanted to give the little beggar a fright.
I was at the end of my tether with him.
The trip would do him good, that's what I thought.
But God Almighty, I never wanted him to die! What kind of father do you take me for? This seems an appropriate time for lunch, Mr Kavanagh.
CLERK: The court will rise-.
Maybe you went in a bit hard there, James.
He was absolutely determined to get the Rosedale's last trip in before Christmas.
Why? Cos he'd booked the dry dock for early January, he said so.
Well, he could have postponed the dry dock, couldn't he? I've asked Sheedy to check the dates with the ABP.
No, there was something else.
And it's connected to why he emptied those tanks of diesel oil.
Well, there's the info you wanted.
Lawrence contacted Associated British Ports on October 26th, booked the Rosedale for dry dock January 12th.
And he never tried to postpone it? No.
But he did cancel it, of course.
Because of the accident.
That doesn't help us at all.
What's this? Oh, that's just when he got back to them to cancel the dry dock.
Are you sure? Well, that's what they said.
Why? The date, Mr Sheedy.
Look at the date.
I'd like to turn now to the matter of the ballast.
Would you, indeed? Got nothing else to say about my son? Wait until the question's asked, Mr Lawrence.
Why did you transfer the diesel oil from the bottom tanks to the wing tanks? To use it for fuel, like I said before.
What was the diesel oil worth that you transferred? :'don't know about £1500, something like that.
While we're talking about money, how much was it going to set you back to put the Rosedale into dry dock and carry out all those repairs? Well, there's the Shipwrights to put her into the dock, the local engineers to do the work, the fees to Associated British Ports.
You're not looking at much change from 18 grand? £18,000? But tragically the Rosedale was lost before those repairs could be carried out.
Now, presumably, at some point after the tragedy, you contacted Associated British Ports to cancel the dry dock? To save the fee, at least.
Well, I must have done.
Do you remember when? I don't mean the exact date.
I mean roughly week before Christmas the week after, early January? I don't know.
Some time in January probably.
I had other things on my mind, right? Of course you did.
So let me jog your memory.
You actually telephoned to cancel the dry dock on Tuesday, December the 4th.
Six days before the Rosedale sank to the bottom of the sea.
(Murmuring) How come you cancelled the dry dock before the tragedy? I I don't know.
I don't remember.
Why? The repairs to the Rosedale needed doing, you said so yourself I told you, it's a long time ago.
I don't remember.
I'll tell you why.
You didn't need to spend £18,000 getting the Rosedale seaworthy.
You'd come up with a much better idea, hadn't you? What was your idea, Mr Lawrence? - You tell me.
- I will.
You cancelled the dry dock for the same reason that you used the ballast diesel oil for fuel.
Because that last trip of the Rosedale was, in any event, intended to be her final journey.
What are you saying? I sank the bloody boat myself? No.
No, what I'm saying is, that at some point between booking the dry dock on October the 26th and cancelling it on December the 4th, you decided that the Rosedale would be decommissioned.
(Murmuring) Scrapped! Taken out of the fleet.
How much was the Government going to pay you to decommission that trawler'? In the region of £300,000? It's not a bad return on the £200,000 layout a year earlier.
So what? It was within my rights.
What about all those fine words we heard? "Helping the people of Steignmouth.
Keeping the fishing fleet alive.
" There's too many damn trawlers, everybody knows that.
They're living in the past these people.
Does that include Jeanetta Morgan? You leave her out of it.
KAVANAGH: You weren't helping the Morgan family.
You were helping yourself You saw an opportunity for an easy killing and you grabbed it-.
Buy the Rosedale off the grieving widow at a knockdown price.
Botch up anything that goes wrong with her and then get her decommissioned for 50% more than you paid for her.
Pretty shrewd business deal it seems to me.
If the Government wants to pay silly money to turn trawlers into scrap it's not my fault-.
And you were going to squeeze every last penny out of her before she was scrapped, weren't you? You terrorised your own son into going aboard so you could get one last trip out of her before Christmas.
You even used the diesel oil from the bottom tanks to save a measly £1500 on fuel.
ROY: She was hardly going to Iceland and back.
How was I to know the forestay would bloody snap and she'd roll over? Don't you mean "How was I to know a submarine would collide with her?" There was no submarine, was there? That vessel was seaworthy, I'm telling you-.
No, she wasn't! A worn forestay snapped.
A life raft cradle broke away.
The Rosedale capsized! Five young men died! That's what happened! You are responsible for your son's death, Mr Lawrence, nobody else! You! I'm sorry if that caused you distress-.
I suppose I ought to feel grateful.
But I don't.
I'm not after a thank you.
Will he go to prison? (Exhales) I'm not even certain the jury will convict.
There's still room for doubt.
Even without the submarine in the picture.
I knew all along, I suppose.
But I looked up to him.
We all did.
John Campbell didn't.
Roy threatened him the other night, and I was there, and I didn't do anything.
And now he's dead.
Passed away during the night.
Another young life wasted.
(Footsteps approach) They're going back in.
CLERK: On count one: alleging the operation of dangerously unsafe ships at sea in contravention of Section 30 of the Merchant Shipping Act, do you find the defendant guilty or not guilty? Guilty.
On count two: alleging manslaughter, do you find the defendant guilty or not guilty? Guilty.
And that is the verdict of you all? Yes.
KAVANAGH: We assume the sea will claim its victims, don't we? All pan of the folklore.
"Lost at sea.
" "Went down with all hands.
" It has this this romantic glow to it.
And we expect these people to suffer in dignified silence.
CATHY: Small wonder, I suppose, they're vulnerable to the likes of Roy Lawrence.
EMMA: Let's hope they can spot the next Roy Lawrence if he comes along.
KAVANAGH: Not a lot left, is there? This country's sitting on coal and surrounded by fish, but they've closed the pits and all but scrapped the fishing fleet.
Soon you'll have to go to a Heritage museum to remember what we once were.
KAVANAGH: Oh, it's not all bad news, though.
At least they haven't made justice redundant.
Come on, children, back to the Smoke.
All right, Danny.
(Squawking) (Frenzy of screeching) MAN: Most of us don't need a memorial to remember those five lads.
Their names will be in our hearts for ever-.
Lee Drechler Pete Wells my only son, Paul And, of course, Jeanetta Morgan's twin boys .
.
Doug and Martin.
They were born on the same day and they died on the same day.
They were never found, neither.
But they're together now in good hands.
But this memorial will remind future generations of now much we've lost.
And I'm proud to have helped in what little way I can to have got it put up.
Roy Arthur Lawrence? Yes.
I'm arresting you on five counts of manslaughter.
- You're not obliged to say anything MAN: Hey.
You can't arrest him.
His son was on that trawler.
But it may harm your defence if you do not mention when questioned something which you later rely on in court.
Anything you do say may be given in evidence.
EMMA: The Searchlight followed her and a shudder ran through all who saw her, for lashed to the helm was a corpse with drooping head which swung horribly to and fro at each motion of the ship.
A great awe came on all as they realised that the ship, as if by a miracle, had found the harbour, unsteered save by the hand of a dead man.
This is North Yorkshire, James.
Dracula country.
So? I want to have a Dracula experience.
We have a 200-page accident investigation report to know backwards, and a High Court Judge to face in the morning-.
We do not have time for a Dracula experience.
(Horror movie music) GHOULISH VOICE: Foolish mortals.
.
(Woman screams) to the Dracula Experience.
I was very nearly startled-.
How about you? (Growls) (Both laugh) (Sniffs) Ooh, doesn't that taste good? All I can smell is fish.
The sea's in our blood.
We're an island race.
It's pan of our historical memory.
My historical memory of the sea is half a dozen cans of Special Brew on a cross-Channel ferry.
KAVANAGH: Every time a trawler goes down, like the Rose-dale, or is decommissioned and taken out of the fleet, a little bit of us dies.
Do you know what I mean? He seems to know who we are.
Small community.
Outsiders are noticed.
KAVANAGH: So young.
How many trawlers does Roy Lawrence own? None, not any more.
The Rosedale was his only one.
But he's still a big deal in the town.
Caravan sites, gift shops, you name it.
Providing jobs, paying for the memorial.
They won't take too kindly to him being locked up, then, will they? REPORTER: Mr Kavanagh.
Any comment, Mr Kavanagh? (Reporters shout questions) KAVANAGH: Obviously a popular man, Roy Lawrence.
They joke we had to get a silk from London to prosecute cos no-one here dared take the case.
Which makes me the most unpopular man this side of Scarborough, right? Ooh, further, I'd say.
ROY: Morning.
- Morning.
Fine, thank you.
All right? Oh, will you excuse me a second? Morning.
How's your hotel? - Delightful.
- Mine's a calamity.
Paper-thin walls and an avocado bathroom.
This is Alan Sheedy from the CPS.
Cathy Winslow, defending.
Also from River Court, I believe.
What's called spreading the bet, isn't it? CATHY: We know who the smart money's on.
No jury will convict on the meagre fare his lot have cobbled together.
The evidence against your client is overwhelming.
Except we have the sole survivor who actually saw what happened.
Shame about the avocado bathroom.
KAVANAGH: Why did this dreadful tragedy happen? Because the defendant, Roy Lawrence knowingly and deliberately sent his trawler out to sea in an unsafe and dangerous condition.
He was the legal owner of the boat.
He had a duty of care towards its young crew.
And they had another more compelling reason to trust him because one of the victims that night was none other than the defendant's own son, Paul.
In the pursuit of profit, Roy Lawrence cynically and wilfully risked even the life of his only child.
Mr Samuels, from your forensic and mechanical examination of the wreck, I'd like you now to talk us through the likely sequence of events.
For the benefit of the court, my lord, we have a model of a trawler similar to the Rosedale.
A steel-hulled beam trawler, yes.
An 80-footer, I believe? Yes, my lord.
Built in 1968.
Would you illustrate, Mr Samuels? (Clears throat) Well, what we are convinced happened on her last trip was the following.
The twin derricks - that's here and here - were lowered to the horizontal.
The trawler was on the fish, shooting and trawling these nets here which are attached to heavy beams dragged along the seabed.
Now, when the heavy weather began to set in, the skipper, Daniel Peel decided to haul in his trawls like this, to raise them off the bottom to a level just beneath the surface.
Now, suddenly the port forestay, which was very badly worn, simply snaps under pressure from the heavy seas.
The derrick is now free.
It swings aft, crashing into the side of the main deck.
The starboard derrick is still at right angles to the vessel, and so the Rosedale now begins to veer to starboard leaving her beam on to the heavy seas, and the boat begins to capsize.
And what happened next? Well, the sole survivor, the skipper, Daniel Peel, was thrown clear, and he manages to climb into the starboard life raft which is automatically released from the starboard side cradle attached to the deck.
KAVANAGH: And Dan Peel was the only one who made it to that life raft yes? Unfortunately, yes.
But the rest of the crew should have been able, should they not, to climb into the second life raft automatically released from the port side cradle? They should have been.
But in this case, they weren't able to.
KAVANAGH: Why was that? Because the port side cradle, which held the other life raft in place, was so badly rusted it simply broke loose and sank to the bottom of the sea with the life raft still attached to it.
Complete guesswork.
- How the hell do you know that happened? - The defendant will not interrupt the witness.
You will have ample opportunity to put your case, Mr Lawrence.
KAVANAGH: The postmortem revealed that the cause of death was drowning, except with Paul Lawrence, the defendant's son.
What happened to him? Well, he actually died from massive head injuries.
He must have been killed instantly at some point before the vessel capsized.
KAVANAGH: What is the likely explanation for that? He was probably standing on the main deck - in this area here.
And then was hit with the full force of the derrick as it crashed into the boat side.
My son was as good as murdered.
This is all a bloody cover-up.
(Murmuring) Oh, peppery.
Nice.
Your old school bursar? Yes.
Yes, he was a real brick, the man was.
Took me aside one day and he said erm "Alders" - that was his little name for me.
He said, "Alders, I won't report you to the House Master this time, but if there's a next time, I will-.
Don't betray my trust.
" It made me feel terribly grown-up.
- What had you done? - What? That he wasn't going to report you for.
Oh, nothing.
Just some nonsense with some local girls.
(Laughter nearby) But that's not strictly true.
FOXCOTT: That's Simon Le Prevost, isn't it? Talking to Tom and the others.
Yes, so it is.
He'd be terribly cheap.
- Very efficient.
- Who? Philips, my old school bursar.
We're very behind with the admin, you told me so.
Of course, sorry.
Let's wait till James gets back.
Chat about it some more then.
But that could take weeks.
James is bound to string out the trial so he can ensconce himself by the seaside for the entire winter.
I wonder what they're hatching.
So shall I say it's a possibility or? Oh, I must learn not to be so suspicious of people.
Cheers.
Mr Samuels, you're aware, are you not, of the defendant Roy Lawrence's consistent explanation for the loss of the Rosedale? I am, yes.
He's said publicly on many occasions since the tragedy, including at the original inquest, that his trawler was, in fact, in collision with a submerged submarine.
What do you think of this explanation for the accident? I think it's nonsense.
Have you ever heard of the case of a trawler called the Antares which went down in 1990 with the loss of all hands? I believe I have, yes.
And what was the cause of that particular tragedy? Well It sank after a collision with a submarine, didn't it? Which the Ministry of Defence in fact admitted three days later.
How about the case of the Sheralga, sunk after colliding with the submarine HMS Porpoise in 1982? Familiar with that? I wasn't a marine inspector in 1982- I am not familiar with that incident-.
Well, to refresh your memory, after the Sheralga went down, HMS Porpoise made no attempt to rescue the crew, who were only saved by pure chance by a passing fishing vessel.
I could go on, Mr Samuels.
There are literally dozens of examples of submarines involved in 'incidents' with fishing vessels.
Do you still consider Mr Lawrence's claim that the Rosedale was in collision with a submarine to be nonsense? Well, maybe "nonsense" was too strong a word.
Thank you.
I'd like to turn now to another matter.
When the Rosedale was salvaged, she was towed to the Naval dockyard, yes? The wreck had to be kept safe for the duration of the investigation.
Where it was available for your experts to carry out their detailed examinations? Yes.
Being a Naval dockyard, Royal Navy personnel would have been able to look at her too if they wanted? They wouldn't have needed to.
Maybe not, but the wreck was sitting there for all and sundry to crawl all over.
Well, not quite all and sundry, because when Mr Lawrence's lawyers tried to get their marine accident experts to inspect the wreck, they were refused permission.
- Right? - But not by us.
No, not by you.
By the Ministry of Defence whose Royal Navy submarine did or did not cause the wreck to become a wreck in the first place.
No further questions, my lord.
Mr Samuels have you ever investigated a fishing vessel that's been involved in a collision with a submarine? Not personally, but I'm familiar with some of those extremely rare cases where such an event was supposed to have happened.
Like the ones Miss Winslow was referring to.
So why couldn't this be one of those extremely rare cases? Because there is no forensic or mechanical evidence whatsoever from the wreck of the trawler to support that idea.
KAVANAGH: So you'd rule it out? Without a shadow of doubt? Absolutely.
As part of your official investigation, you would routinely have inquired of the Ministry of Defence about all Royal Navy ship movements in the area at the time of the tragedy? Oh, yes, of course.
And what was the MOD '8 reply to your inquiry, briefly? Well, there was a Type 23 frigate, the HMS Cumbria, on station in the northeast approaches exercise area at that time.
And there was one submarine movement in that sector on that date.
But that was a surface transit only and not a dived operation.
And anyway, it was several miles away from the Rosedale's known course.
For us landlubbers, Mr Samuels, you are saying there was only one submarine in the area but it was never under the surface and, anyway, it was miles from the scene of the tragedy.
There was no Royal Navy submarine anywhere near the Rosedale the night she went down.
KAVANAGH: I think that clears up the matter of the submarine.
Thank you.
Mr Kavanagh? I need a word.
A private word.
- And you are? - Clive Crebbin, Ministry of Defence.
All right.
KAVANAGH: This is a complete disaster.
I've just finished telling the court that there wasn't another submarine within miles of the Rosedale, and now he strolls up and tells us there was.
Yes, it was a pity you had to be quite so specific in there.
But why didn't you lot tell the official inquiry about this particular sub in the first place? Well, it was a tricky one.
It wasn't one of ours.
Well, so what? What was it? American? No, not quite.
It was Russian actually.
We're all supposed to be on the same side now, what does it matter? Oh, yes, quite.
But, you see, if we admit that we knew the exact location of that actual sub on precisely that night, then they'd know that we still keep an eye on them.
- But they know that anyway, surely? - Yes, but Well, we don't want to let them know that we know that they know.
If you follow.
KAVANAGH: Anyway, we have to disclose to the defence.
We've got no choice.
It's not absolutely kosher, I don't think.
I don't give a toss what you think.
I'll talk to Mr Justice Hilditch in Chambers, see what damage limitation I can do.
But you'll have to give evidence.
That is a joke, I take it? In camera, of course.
Unless you prefer to let Cathy Winslow loose in open court with the information? Steady the buffs.
There is a third option, interestingly enough.
- Which is? - Drop the case.
Why the hell should we do that? If the trial proceeds and it were to come out later we knew about the sub all along, HMG could be a tad embarrassed.
Embarrassed? Tell that to the families of the boys who were lost.
I didn't want to disturb you.
Paul was seasick, you know.
Just before it happened.
If he hadn't been, he'd have been somewhere else on the ship.
He might have survived.
You can't blame yourself for that.
He'd been on the Rosedale once before.
I never told you.
He was as sick as a dog.
So he didn't want to go out on her again, did he? But I told him to get his backside on that trawler.
I thought it'd do him good.
It was an accident.
It wasn't your fault.
Maybe it wasn't such a good idea staying in Steignmouth.
You were the one wanted to bring his bucket and spade.
What is it? If we let the jury know there was a foreign submarine in the area, they'll assume Lawrence is telling the truth about the collision.
You need to understand, you know, that the Rosedale was in no better or worse shape than any other trawler in that harbour.
That's not what the MAIB report says.
Let's go.
Would you get out of my way, please? I found Paul Lawrence.
I fished him out the sea.
But I don't blame Roy Lawrence, none of us do.
Out of respect, is that? Or fear? Out of respect, I hope, Mr Kavanagh.
We're forbidden to talk to each other, I'm afraid, Mr Lawrence, 30 This is Jeanetta Morgan, by the way.
Twins' mother.
Yes, I know, but They gave up looking for her boys a week after the accident.
Said it was too expensive.
If you'll excuse us.
It's not fair what you were saying in court today-Everybody knows what happened-.
- I am truly sorry for your tragedy.
- It's all a cover-up.
The Navy knows damn well it was a submarine that capsized the Rosedale.
Please, don't upset yourself.
I lost both my boys that night.
What on earth do you know about being upset? What are we doing prosecuting this case? What? No-one here's blaming Roy Lawrence for this accident.
Not even the victims' families will give evidence against him.
And if the other trawlermen say the Rosedale was safe, they'd know surely, wouldn't they? If you've finished, shall we go and eat? I've lost my appetite.
JUDGE: This had better be important.
I rarely rise before eight bells in the morning watch.
We've come to make an ex pane application, my lord, in respect of some sensitive material recently brought to our attention.
Extremely recently.
We wish to disclose a limited part of this material to the defence, my lord.
I haven't even informed defence counsel of this application yet because of the sensitivity of this material.
And you are? Clive Crebbin, Ministry of Defence.
And the gist of this material, Mr Kavanagh? It would appear there was a Russian submarine in the vicinity at the time of the accident.
Mm.
Really? Did the Russians sink the Rosedale, then, Mr Crebbin? Deliberately or otherwise? No, my lord.
Is that the actual truth or the more flexible Whitehall version of the truth? The Russians did observe the Rosedale but from a distance of over a mile.
COURT OFFICIAL: Please clear the area-You will not be allowed in court this morning-.
I have already told you, clear the area now, you will not be allowed in.
What the hell's going on in there? The court is in camera this morning so if you'd all care to wait outside - Why? Who's in there? MAN: Why? - What's so secret we can't hear it? - Ben, leave it.
They're stitching Roy up, that's what they're doing.
(Angry shouting) Be on your way, please.
Please, clear this area.
How are you, John? Mrs Morgan.
I don't hold it against you, giving evidence, you know.
You're only doing what you think is right.
CATHY: Mr X which Government department do you work for'? You're not obliged to answer that question.
These intercepts you mentioned, how can the court be reassured that they provide a complete picture of all ship movements on the night in question? I'm not at liberty to answer, I'm afraid.
In which case, would you care to tell the court the exact time and location of this particular submarine, from this unnamed country, when she claims to have seen the Rosedale at a distance of "a little over a mile"? Sorry.
And what direction was the submarine travelling in at the time? So you won't tell us where it was or what direction it was going in? It wasn't called the Belgrano by any chance, was it? (Chuckles) To conclude this rather pointless exercise, may I ask if there is any information of any kind that you are at liberty to divulge that might shed further light on the matter of this particular submarine? Well, I can tell you Yes? It was definitely built within the last 35 years.
So we know it wasn't Captain Nemo and the Nautilus.
Thank you, Mr X.
EMMA: I don't believe a word of that smug git's.
That Russian submarine collided with the Rosedale.
- You know that for a fact? - You know it didn't for a fact? - Of course not, but - I don't want to be pan of a cover-up.
Well, do you think I do, for God's sake? Emma.
Emma, listen.
Those boys who died were the same age as Matt, most of them.
But we have to keep a lid on our feelings otherwise the whole system breaks down.
I'm allowed to be pissed off, aren't I? I'd be disappointed if you weren't.
Listen, I've been thinking.
You take the lad Campbell, I think it'd set the right tone.
But he's our star witness.
Well, if you're not confident.
No, I mean Yeah, I mean, great.
Erm Tom, this legal aid case.
Robbery in Grantham.
Not that I've got anything against Grantham, of course.
Let's not forget who it was who put the place on the map.
It's just mm, somehow not for me.
Oh, it's definitely for you, Mr Aldermarten, you were the next on the list-.
Tom.
Er Tom, will you stand still for a moment? - What on earth's the matter? - Matter? What have we all done wrong? Well, is it something We done wrong? River Court isn't what it used to be-.
What on earth does that mean? It's a question of trust, Mr Aldermarten.
Trust.
COURT OFFICIAL: The rest of you will have to wait outside.
(Angry shouting) Come back tomorrow.
Sorry.
(Silence descends) Mr Chiodini as a marine specialist, perhaps you could explain why the question of ballast is so important when it comes to marine safety.
Well, it's the ballast that keeps the vessel stable.
The amount required varies from ship to ship, depending on her size and cargo and so forth.
KAVANAGH: Now, according to the Rosedale's own stability booklet how was her ballast made up? Part of her ballast was solid concrete - here in the hull below the fish room-.
But this was supplemented with liquid ballast in the form of diesel oil, kept permanently in the double bottom tanks here and one on the port side-.
This is separate from the diesel oil which would have been used as fuel? Oh, yes, the oil for fuel is in the wing tanks - here and again one on the port side.
Never mind the fuel tanks, what about that submarine? JUDGE: Quiet.
Any further disturbances and the court will be cleared-.
80, ten us, when you came to examine the double bottom tanks of the wreck, what did you find in them? Sea water.
Sea water? - Not diesel oil? - No.
An obvious explanation for that would be that after the trawler sank and hit the seabed, the tanks simply emptied themselves of diesel oil and filled up with sea water? Not in this instance, no.
How do you know? We would have found traces of oil still in them.
The tanks must have been empty when the vessel put to sea.
That's a lie! Silence! Another outburst, Mr Lawrence, and you'll be taken below.
What would be the effect of putting to sea with empty tanks without the necessary ballast? Well, if the weather wasn't too bad, it might not have mattered But in the event of the vessel starting to roll over because of the port forestay coming away? The lack of ballast guaranteed that the Rosedale capsized.
KAVANAGH: Thank you.
No further questions.
Miss Winslow.
Pretty telling evidence, Mr Chiodini.
So the defendant empties the double bottom tanks of diesel oil before the Rosedale puts to sea, rendering her unstable, and then allows his only son to join the crew as a novice? Rather strange behaviour for a trawler owner, wouldn't you say? CHIODINI: I suppose so, yes.
- Why might he have emptied those tanks? Maybe he transferred the oil from the bottom tanks to the wing tanks to be used as fuel.
- That's quite a simple exercise, isn't it? - Doesn't take long.
But isn't it equally simple, then, to refill the empty tanks with sea water to maintain the crucial liquid ballast? Well, yes, but So why on earth would my client leave the tanks empty, thereby jeopardising the Rose-dale's stability? - I don't know.
- Because he didn't.
The truth is, there is absolutely no way you can state categorically that the double bottom tanks were empty when the Rosedale put to sea.
As I explained, the traces of oil There were no traces of oil because Mr Lawrence replaced the oil with sea water while the Rosedale was still in harbour.
When the vessel was still upright.
When no oil would have got itself trapped, like you claim.
That's a distinct possibility, isn't it? - Well - Isn't it? Well, it's a possibility, yes.
Then if it's a possibility there was sea water in those tanks when she left harbour, you can't be certain, can you, that the Rosedale capsized because of a lack of ballast? - No.
- No.
You see, it's a cover-up.
They're all in on it.
Remove that man from the court immediately.
(Rowdy chatter) Come on, then, you've had your chance.
Yeah, all right, all right.
The jury have requested that they be allowed to visit the wreck of the Rosedale.
In the light of this current disruption, it seems to me to be an excellent idea.
Bit ghoulish this, isn't it? Doesn't help, either.
It's hard to imagine anyone sending their only child out to sea in that.
I spoke to Peter this morning-.
There's something going on back at base.
Tom's putting everyone's noses out of joint-.
Well, why didn't anyone tell me? Cos you've got enough on your plate, haven't you? That's been the biggest plus about this case - getting away from Chambers politics for a while.
Enjoy it over there, did you? My boys were never found.
That wreck's the nearest thing to a grave they've got.
Now you lot are swarming all over it.
The community wants to know the truth, doesn't it? I'm not sure any more.
This trial's tearing the town apart.
It was torn apart the night the Rosedale went down, Mrs Morgan.
Paul was all Roy Lawrence had after his wife left him.
That lad should never have been anywhere near that boat.
How do you mean? Because he couldn't take it.
He'd been out on her once before and he was seasick.
KAVANAGH: So why did he go out in her again? Mrs Morgan? Why? We can't accept this, Tom.
Well, I'm sorry, my mind's made up.
Tell us why at least.
You can't just leave without an explanation.
I always thought River Court was a cut above the rest.
Well, we are, Tom, we are.
Aren't we? I know other Chambers are doing this, but I thought that we'd resist it.
What? Please stop faffing about and tell us why you've resigned.
Bringing in a practice manager to take over my duties.
- What do you mean? - Your old school bursar.
What's his name? - Philips.
- Philips? Oh, Tom, you've got this completely arse about face.
Have I? I was suggesting him for an admin position pan time.
Oh, for heaven's sake, I wanted to give the poor old bugger a chance to tidy up some paperclips, not become Chambers' Oberfuhrer.
It's the thin end of the wedge, Mr Aldermarten.
We haven't even decided to employ him.
I'm going to put this on hold, Tom, till James and the others get back and we can talk about it coolly and calmly.
I think it's best I go now before there's any bad blood between us.
I can't help feeling there's a hidden agenda here.
There's nothing you're not telling us, is there, Tom? This is an absolute catastrophe.
Have you any conception what this will do to our income? - Mm, I'm afraid I have.
- A council of war is required, posthaste.
- I shall phone James.
- No.
No, he's right in the thick of it up there.
A more drastic move is called for, I think.
Speak up, young man, we all have to hear you.
Three.
Three times.
And were these three trips you made on the Rosedale uneventful? Did something go wrong with the vessel each time? Yeah.
What happened on the last trip? The one you made on her only four weeks before she sank.
(Exhales heavily) Did something happen with the steering gear hydraulic pumps? - Did they work properly? - No, they failed.
They failed? And what did you have to do then? Did you have to rig some ropes and tackle at the tiller to move the rudder and steer the boat back to port? My lord, the court has been made aware of the minor faults on the Rosedale.
Routine wear and tear on a hard-working trawler.
Miss Taylor? What interests us, my lord, is the cumulative effect of the substantial number of these faults on the overall seaworthiness of the vessel.
Proceed.
On the trip before your last, did you and the engineer pump out the engine room bilges Is my learned friend going to answer her own questions or shall we hear from the witness? I've nothing against her dulcet tones, you understand.
The witness is understandably reticent, my lord.
After all, he's giving evidence against someone obviously well supported in the community, not to mention in the gallery.
But he isn't giving evidence, you are.
- (Low chuckling) - Miss Taylor.
Yes, my lord.
So, after your last trip in November 1995, did you want to sail on the Rosedale again? No.
Because, in your view, she was dangerous.
Unseaworthy.
- Was Paul Lawrence a friend of yours? - Yeah.
Did you tell Paul that the Rosedale, in your opinion, wasn't seaworthy? Yeah.
And did you tell the Morgan twins the same thing? Now when you told Paul's father, Roy Lawrence, that you didn't want to sail, were you expecting Paul to take your place on the crew? Of course not, no.
So, when you heard he was going to, - did you try and persuade him not to? - Aye.
- He was my mate.
- But Paul still went, didn't he? Why do you think that was? Mr Campbell, did you get the feeling that Paul was being forced by his father to go against his will? My lord, my friend is continuing blatantly to lead this witness.
I won't remind you again, Miss Taylor.
Didn't Paul actually tell you that his father was putting him under pressure to go? Didn't Paul actually tell you that the night before the Rosedale set sail? No.
No? Are you sure? Paul never said anything to you about his father the night before? The last time you saw him alive, in fact.
No.
Think carefully, Mr Campbell.
Are you now saying that Paul actually wanted to go out on the Rosedale? Yeah.
He did.
Really? - Did he? - Yes.
Hold you.
I think my learned friend has had her answer.
You claim you quit your job as deckhand on the Rosedale because you felt she was unseaworthy.
Did you tell Mr Lawrence that? Did you say to Mr Lawrence, '1 don't want to sail on your trawler because she isn't safe'? Or words to that effect? No.
You told him you were ill, didn't you? Yeah.
- Which wasn't true.
- No, but Didn't you think it your responsibility to let Mr Lawrence know you thought his trawler was unsafe? Didn't it worry you that other people, including, as it turned out, your best friend, were about to sail in her? Isn't that why you're giving evidence at this trial Mr Campbell? You feel guilty about your friend Paul's death.
Hardly surprising, then, you're looking for someone to blame, is it? EM MA: I'm cheesed off with Cathy, you know? She'd no need to take the piss like that.
I warned you.
Why didn't the little so-and-so stand by his story? We should have asked for him to be declared a hostile witness.
I don't think so.
He was scared out of his wits.
He wouldn't have given us anything under cross-examination.
I made a real balls of it, didn't I? - I'm afraid you did.
- Oh, thanks.
Well, this was never going to be easy, Emma.
They can't believe that one of their own could be responsible for these deaths-.
They have to find outsiders to blame.
Ministry of Defence, whoever.
We've got nothing going for us, James.
You said yourself we're not going to win this on the technical detail.
There's something staring us in the face and it's to do with the ballast.
Why did he empty those bottom tanks of diesel oil? To use as fuel? Yes, but why? He'd never done it before.
Maybe the whole thing was an insurance scam? No, I can't believe that.
Not with his son on board.
It is about money.
Lawrence is greedy, it's in his nature.
What the hell was he up to? (Harbour bell) ROY: What are you going to do? How do you mean? After, you know.
Why do you ask? Look, Jeanetta, it's It's not easy to say but when this is all over I was hoping, you know, well there's you in your empty house me in mine.
It seems daft.
All that wasted space.
How can you be thinking of things like that? Is that a no? (Sighs) It's looking like rain.
Let me drive you home.
I told him I didn't begrudge him being a witness.
Let bygones be bygones.
(Pings reception bell) EMMA: Hello? You fancy a nightcap? Large brandy? I know all about you.
A long way from London with female co-counsel.
How is Eleanor Harker by the way? It's none of your business.
I'll take a rain check.
That's it, then.
Early night with a good book.
Oh, damn it, I've left it in the car.
- Sweet dreams.
- Good night, Emma.
(Beeps) Mr Kavanagh.
- What do you want? - Danny Peel gives evidence tomorrow, right? So? He's a good man, Dan.
Mr Roberts, it's late.
Look, I've seen how you work.
Twisting people's words.
Danny saw that submarine.
Yeah? Just you let him tell it like it happened.
Don't threaten me, Roberts-.
If Roy's found guilty, you'll have buried the truth.
And we'll not forgive you for it.
The dirty weather had set in.
80! decided to short haul the gear.
I'm heading into the seas when suddenly, and for no apparent reason, like the er port forestay comes away.
I look from where I'm standing, just outside wheelhouse, and I could see the loose derrick swinging aft and into the main deck.
But as it starts its swinging, I see this big black shape pass down the side of the boat from er for'ard to aft.
Then as large as bloody life I see the submarine, in the trough of the wave amidships.
I could see her conning tower and er reckon that's what it must have been snagged the trawl and forced the stay to part.
I couldn't hardly believe what I was seeing.
The next thing is that we 're er beam on to the sea cos the starboard derrick's still out horizontal and er over she goes.
Er then I I remember being in the water, seeing the life raft nearby and climbing into it.
The er The Rosedale went down so quick I I couldn't believe how quick she went down.
It was like she'd never been there.
Why do you think the submarine came up alongside you like that? Well, er obviously she had no idea we were there.
Thank you, Mr Peel.
Mr Peel, to return to the question of the ballast we've heard so much about you would swear, under oath, would you, that the double bottom tanks were full when you put to sea? Aye.
You checked those tanks yourself while the Rosedale was still in harbour, did you? No, you didn't.
In fact you didn't know those tanks were empty.
You were only told that later, after you'd been rescued.
- Isn't that the case? - No.
You've bought yourself a beam trawler recently, haven't you? The er North Riding, I believe? - Well, what's that got to do with owt? - How much did she cost you? - As a matter of interest.
- Do I have to answer? I'm afraid you do.
But get to the point, Mr Kavanagh.
KAVANAGH: Well? What, including the licence and the quota and all? Yes.
About 320,000, give or take.
Which you secured with a bank loan, I assume? Mr Peel? Aye.
Mostly, like.
Mostly? 200,000? 250,000? 270,000.
And the remaining £50,000, where did that come from? Roy Lawrence gave it to you, didn't he? Aye, he did, but that's got nothing to do with He gave you £50,000 towards your own trawler.
Moreover, he gave you the money barely weeks after he'd been arrested and charged with manslaughter.
Clearly.
.
.
Roy Lawrence's generosity knows no bounds, does it? My lord, my friend is goading the witness.
Mr Kavanagh, is this circuitous journey through the witness' business dealings about to lead us somewhere? Er I believe so, my lord.
It's our contention that the defendant Lawrence gave Mr Peel this money as an inducement to perjure himself Most of your story about that tragic night is fiction, isn't it? It all happened, I'm telling you.
You saw a submarine "in the trough of the wave amidships" and "the conning tower as she passed by"? It may have been dark but that is definitely what I saw.
Explain this to me, then.
How did you manage to see this huge submarine "as large as bloody life", as you put it, but she didn't manage to see you? She could have just been coming up from the deep, right? So, by the time she's raised her periscope, she's already well past us.
Interesting, Mr Peel.
You seem remarkably knowledgeable about submarines.
Oh, aye.
I've always been interested in naval vessels, like.
Indeed.
It was a Royal Navy sub in the collision, I take it? No doubt about it.
Trafalgar Class.
Well, you can tell by the shape.
You're sure it wasn't an American sub or a sub from somewhere else? No, definitely one of ours.
Thank you, Mr Peel.
No further questions-.
(Murmuring) (Jeanetta sighs) Did he do it on purpose? They won't say but Poor little mite.
Him and Paul were inseparable.
They used to go round everywhere together.
He wasn't telling the truth in court about Paul and the trip.
I know.
Roy made Paul go.
To teach him a lesson.
What is it about Roy Lawrence, Mrs Morgan? Why does everyone back him up? I don't know.
We need him, I suppose.
And he enjoys being needed, doesn't he? The power it gives him.
I'd like to arrange a meeting between you and Mr Kavanagh If you're prepared to give evidence against Roy Lawrence, there's a chance justice might be done in this case.
I'm sorry.
KAVANAGH: We can't use what she told us.
You should have brought her in to see our solicitor.
EMMA: You can use it when you cross-examine Lawrence.
Not without disclosing to the defence.
What's there to disclose? Everybody knows Campbell was too scared to tell the truth.
Well, they do now.
The boy OD-ing doesn't make Lawrence guilty of manslaughter.
No, but it might stop people seeing him as some son of bloody local hero.
Ha! I thought you thought he was innocent? Submarine or no submarine, Paul should never have been on that boat.
FOXCOTT: Hello! Thought we might all have a confab.
As the three of you were already here, it seemed the most practical way to proceed.
Even though Tom's adamant he won't be dissuaded, he thought it only fair to let you all have a go.
Always been partial to the North Yorkshire coast, Tom, or is this a recent fad? Well, I thought it was the least I could do, Mr Kavanagh, before leaving River Court.
Give ah' parties a chance to air their grievances.
What grievances? You haven't got any grievances.
Well, that's not strictly true, Mr Kavanagh.
Mr Aldermarten suggests a part-time Chambers administrator and you turn into a temperamental diva.
If you're not prepared to be friendly about this FOXCOTT: Let's remain civil, everyone.
Why don't we adjourn and resume after dinner? I assume this establishment actually serves dinner.
On second thoughts, let's not.
Shall we er FOXCOTT: Look, Tom, let's forget all about appointing a Chambers administrator.
If that really is your problem.
Look, as I tried to explain before, it's the principle of the thing.
EMMA: What principle? Considering such a move without first consulting your loyal staff- me, Gary and the others.
You've been head-hunted, haven't you? - Excuse me, what? - By another Chambers.
Tell me I'm wrong.
It's a fair cop, Mr Kavanagh.
Simon Le Prevost.
I was right! You've manufactured this crisis so as you can go off to that bunch of scoundrels.
I'm disappointed, Tom.
Well, they'd be extremely grateful for my services, Mr Aldermarten, no offence.
KAVANAGH: Tom, listen to me.
You run River Court.
You decide where we go and how much we make.
We can't give you any more power or money, so if you want more and Le Prevost is offering, then take it and good luck to you.
However you don't really want to go, do you? You'd prefer to stay at River Court.
And we would prefer you to stay, too.
You've twisted my arm, Mr Kavanagh.
(Emma chuckles) A little test of our loyalty and appreciation, just to be sure.
And no chambers could appreciate you more, Tom.
Thank you very much, Mr Foxcott.
Welcome back.
Let's eat.
CATHY: You bought the Rosedale in the January of 1995.
- Where did you get her? - I bought her off Jeanetta Morgan.
That is Mrs Jeanetta Morgan, mother of the twins, Doug and Martin, who died in the accident? Right.
How much did you pay her for the trawler? £85,000.
But that was just for the vessel itself, wasn't it? Well, the Rosedale hadn't been out much in the year or two previous so her quota was down, you know.
She was cheaper than she might have been, but in all I paid out nearly £200,000.
A tidy sum.
- So why did you buy the trawler? - Well I knew Jeanetta's old man, Stevie Morgan, who owned and skippered her.
After he died, I thought I could help Jeanetta and the twins out a bit.
(Sighs) Course now I wish I'd never bought her.
Maybe the boys would still be alive.
Now, the court has heard much detail about what was wrong with the Rosedale.
What's your genera! response to these criticisms? She's a working trawler.
She spent anything up to 30 weeks a year at sea.
Of course there was stuff wrong with her.
I was about to fix them all.
Even now I can't believe how unlucky we were.
How do you mean? I'd booked the Rosedale for dry dock second week of January.
You'd "stemmed" her for the 12th of January at the dry dock in Hull, I believe? Er, "stemming", my lord, is marine industry slang.
I'm aware of the expression, Miss Winslow.
It means "booking" for something.
Though perhaps not as in "stemming" for the opera.
(Low chuckling) The £50,000 you gave to Mr Peel to help him buy his own trawler Why did you lend him this money? Because I believe in this industry and in this town.
And if I could help keep another trawler here to replace the Rosedale, then the people of Steignmouth would be that little bit more safe from going under.
(Murmuring) Mr Lawrence, would you describe any of the faults on the Rosedale, either individually or all together, as serious enough to render her unseaworthy? Absolutely not.
But we do only have yours and Mr Peel's words for that.
Do you honestly think I'd let my only son go out to sea in the middle of winter in a boat that wasn't safe? (Murmuring) No more questions, my lord.
When Dan Peel was rescued and you heard what had happened you must have been devastated.
Could say.
(Sighs) When he told me about that submarine I could hardly believe it.
Actually, I meant about Paul.
Aye.
Course I was.
Now the Rosedale went down on the 10th of December, on a Monday having set sail the day before, Sunday the 9th.
Now, according to his evidence, John Campbell only told you he didn't want to go on the trip on Friday the 7th.
I don't remember the exact date.
You must have been pretty annoyed.
Given that he'd only left you the weekend to find a replacement deck hand.
Plenty of unemployed lads about these pans, Mr Kavanagh.
You London folk might not notice, of course.
(Murmurs of agreement) Steignmouth's whole fleet was out that week so there weren't any deck hands immediately available, were there? I don't know, maybe not.
And if you'd waited a week for a crew replacement, the Rosedale couldn't have got that trip in before Christmas, right? I suppose not, no.
Why didn't you simply cancel the trip until after Christmas when a full crew would have been available? What are you getting at? What I'm getting at, is that when John Campbell left you in the lurch, you decided that Paul was going to take his place, didn't you? Paul wanted to go.
I never forced him.
Had he ever been to sea before? Once, about six months earlier.
Why only once? Didn't he want to be a Seaman? He couldn't make up his mind what he wanted to be.
One week he wanted to work as a car mechanic, the next he's talking about going to college.
So there he is, your only boy, mooching round the house, never making up his mind about what he wants to do.
He must have driven you mad.
Ah, we had words every now and again but nothing out the ordinary.
So when Campbell let you down, you saw a perfect opportunity to exercise a little fatherly discipline? Send Paul out into the North Sea for ten days, that'll harden the lad up a bit, eh? (Sighs) It wasn't going to do him any harm, that's for sure.
And then Campbell tells Paul not to go because the trawler is dangerous.
- That must have really put your back up.
- Too right.
The boat was safe enough, don't you worry.
'Safe enough'? Safe enough for whom? An inexperienced 19-year-old who's scared of the sea? Why did Paul go out in her if he was scared of the sea? Because he was scared of you more! You think I wanted my only son to be killed? No I don't.
But when the Rosedale went down, you had to find somebody to blame, because if it was your fault, the guilt would have been too much to bear.
All right, I admit I wanted to give the little beggar a fright.
I was at the end of my tether with him.
The trip would do him good, that's what I thought.
But God Almighty, I never wanted him to die! What kind of father do you take me for? This seems an appropriate time for lunch, Mr Kavanagh.
CLERK: The court will rise-.
Maybe you went in a bit hard there, James.
He was absolutely determined to get the Rosedale's last trip in before Christmas.
Why? Cos he'd booked the dry dock for early January, he said so.
Well, he could have postponed the dry dock, couldn't he? I've asked Sheedy to check the dates with the ABP.
No, there was something else.
And it's connected to why he emptied those tanks of diesel oil.
Well, there's the info you wanted.
Lawrence contacted Associated British Ports on October 26th, booked the Rosedale for dry dock January 12th.
And he never tried to postpone it? No.
But he did cancel it, of course.
Because of the accident.
That doesn't help us at all.
What's this? Oh, that's just when he got back to them to cancel the dry dock.
Are you sure? Well, that's what they said.
Why? The date, Mr Sheedy.
Look at the date.
I'd like to turn now to the matter of the ballast.
Would you, indeed? Got nothing else to say about my son? Wait until the question's asked, Mr Lawrence.
Why did you transfer the diesel oil from the bottom tanks to the wing tanks? To use it for fuel, like I said before.
What was the diesel oil worth that you transferred? :'don't know about £1500, something like that.
While we're talking about money, how much was it going to set you back to put the Rosedale into dry dock and carry out all those repairs? Well, there's the Shipwrights to put her into the dock, the local engineers to do the work, the fees to Associated British Ports.
You're not looking at much change from 18 grand? £18,000? But tragically the Rosedale was lost before those repairs could be carried out.
Now, presumably, at some point after the tragedy, you contacted Associated British Ports to cancel the dry dock? To save the fee, at least.
Well, I must have done.
Do you remember when? I don't mean the exact date.
I mean roughly week before Christmas the week after, early January? I don't know.
Some time in January probably.
I had other things on my mind, right? Of course you did.
So let me jog your memory.
You actually telephoned to cancel the dry dock on Tuesday, December the 4th.
Six days before the Rosedale sank to the bottom of the sea.
(Murmuring) How come you cancelled the dry dock before the tragedy? I I don't know.
I don't remember.
Why? The repairs to the Rosedale needed doing, you said so yourself I told you, it's a long time ago.
I don't remember.
I'll tell you why.
You didn't need to spend £18,000 getting the Rosedale seaworthy.
You'd come up with a much better idea, hadn't you? What was your idea, Mr Lawrence? - You tell me.
- I will.
You cancelled the dry dock for the same reason that you used the ballast diesel oil for fuel.
Because that last trip of the Rosedale was, in any event, intended to be her final journey.
What are you saying? I sank the bloody boat myself? No.
No, what I'm saying is, that at some point between booking the dry dock on October the 26th and cancelling it on December the 4th, you decided that the Rosedale would be decommissioned.
(Murmuring) Scrapped! Taken out of the fleet.
How much was the Government going to pay you to decommission that trawler'? In the region of £300,000? It's not a bad return on the £200,000 layout a year earlier.
So what? It was within my rights.
What about all those fine words we heard? "Helping the people of Steignmouth.
Keeping the fishing fleet alive.
" There's too many damn trawlers, everybody knows that.
They're living in the past these people.
Does that include Jeanetta Morgan? You leave her out of it.
KAVANAGH: You weren't helping the Morgan family.
You were helping yourself You saw an opportunity for an easy killing and you grabbed it-.
Buy the Rosedale off the grieving widow at a knockdown price.
Botch up anything that goes wrong with her and then get her decommissioned for 50% more than you paid for her.
Pretty shrewd business deal it seems to me.
If the Government wants to pay silly money to turn trawlers into scrap it's not my fault-.
And you were going to squeeze every last penny out of her before she was scrapped, weren't you? You terrorised your own son into going aboard so you could get one last trip out of her before Christmas.
You even used the diesel oil from the bottom tanks to save a measly £1500 on fuel.
ROY: She was hardly going to Iceland and back.
How was I to know the forestay would bloody snap and she'd roll over? Don't you mean "How was I to know a submarine would collide with her?" There was no submarine, was there? That vessel was seaworthy, I'm telling you-.
No, she wasn't! A worn forestay snapped.
A life raft cradle broke away.
The Rosedale capsized! Five young men died! That's what happened! You are responsible for your son's death, Mr Lawrence, nobody else! You! I'm sorry if that caused you distress-.
I suppose I ought to feel grateful.
But I don't.
I'm not after a thank you.
Will he go to prison? (Exhales) I'm not even certain the jury will convict.
There's still room for doubt.
Even without the submarine in the picture.
I knew all along, I suppose.
But I looked up to him.
We all did.
John Campbell didn't.
Roy threatened him the other night, and I was there, and I didn't do anything.
And now he's dead.
Passed away during the night.
Another young life wasted.
(Footsteps approach) They're going back in.
CLERK: On count one: alleging the operation of dangerously unsafe ships at sea in contravention of Section 30 of the Merchant Shipping Act, do you find the defendant guilty or not guilty? Guilty.
On count two: alleging manslaughter, do you find the defendant guilty or not guilty? Guilty.
And that is the verdict of you all? Yes.
KAVANAGH: We assume the sea will claim its victims, don't we? All pan of the folklore.
"Lost at sea.
" "Went down with all hands.
" It has this this romantic glow to it.
And we expect these people to suffer in dignified silence.
CATHY: Small wonder, I suppose, they're vulnerable to the likes of Roy Lawrence.
EMMA: Let's hope they can spot the next Roy Lawrence if he comes along.
KAVANAGH: Not a lot left, is there? This country's sitting on coal and surrounded by fish, but they've closed the pits and all but scrapped the fishing fleet.
Soon you'll have to go to a Heritage museum to remember what we once were.
KAVANAGH: Oh, it's not all bad news, though.
At least they haven't made justice redundant.
Come on, children, back to the Smoke.