Kavanagh QC (1995) s05e05 Episode Script
The End of Law
1 Good evening, sir.
Wait for me here.
About an hour or so? - Say 7:15? - Right, sir.
(Lock bleeps open) (Bugging device picks up sound) (Electronic beeping) (Lock clicks open) (Door opens) Oh? - Hi.
- Hi.
Buongiorno.
Thanks for coming.
DOORMAN: I've got a cab for you, sir.
I wasn't doing anything.
I wasn't.
Don't lie to me, Katya.
KATYA: Please.
Alan! Downstairs! (Door opens) (Big Ben chimes) I can't believe he bothered to fight it, Tom.
- Haven't got a result yet, then, sir? - Oh, the jury's itching.
Particularly after yesterday's frankly lacklustre performance by the Defence junior.
Miss Swithen.
Well, solicitor advocates.
Got to get used to 'em, I suppose.
It's hardly kosher.
Wouldn't ask a GP to do brain surgery.
No, exactly.
Nor a good plain cook to rustle up Les cailles farcies Au fumet de truffes.
That neither.
- Miss Swithen.
- Sarah.
Good morning.
What hat have you got on today? The solicitor or the advocate? Both fit, thank you.
- Tom, the brief I rang you about.
- Oh.
Thanks, miss.
I've just had the CPS on the phone, by the way, as you're here.
Would you tell your leader, please, that we're still willing to accept a plea to manslaughter? - Grounds? - Diminished responsibility.
- Hatton clearly wasn't in his right mind.
- I'll pass it on, of course.
Bon appetit, Jeremy.
Hello, James.
Hello, Sarah.
How are you? Battling, but good.
I haven't seen you for weeks.
I'm doing a stint at Southwark sitting as Recorder.
Two hats! Tut tut.
- What? - Oh, ask them.
(Door slams) Alison! Alison! This is Alice in bloody Wonderland! I never even met her.
Never.
And now you're telling me to say I killed her? And I'm mad? I'm not telling you to do anything, Mr Hatton.
But it is my duty to pass on the Prosecution's offer.
And it is my duty to advise you, unless you accept that offer and change your plea to guilty of manslaughter on the grounds of diminished responsibility, then you'll very likely be convicted of murder, the way the evidence has gone so far.
We do understand the difficulty for you, Harry.
(Sobs) Oh, God.
Oh, God! Perhaps you'd like a few minutes to consider? I want you to believe me, that's all.
I couldn't kill anyone.
Just believe me.
Mr Hatton, whether I believe you or not is beside the point, I'm afraid.
I assume, from a professional point of view, that all my clients are telling the truth.
Sarah? Of course I believe you.
(Sighs) I strongly advise you to accept, Mr Hatton.
Five years is a lot less than life.
But I'm innocent.
Why can't you believe it? She can.
Well Perhaps it's best if we leave you for, shall we say, 15 minutes, so you can come to a decision? BARRISTER: Miss Swithen? Don't bother, Mr Cadogan.
I've reached my decision.
I've decided to "dispense with your services", is that right? You're sacked! Ah, Dr Hatton.
- How's my father? - You'll have to ask his solicitor.
Er sorry, solicitor advocate.
- Morning, Your Honour.
- Morning, Susan.
What have we got today? Piracy on the high seas, two treasons and a - And a shoplifting.
- And that's just before lunch.
(Laughs ruefully) Er my lord, I understand that my learned friend, Mr Cadogan, has been dismissed by his client.
I anticipate that Miss Swithen will be applying for an adjournment to instruct leading counsel.
Er no, my lord, I will not.
I will be conducting the remainder of this case.
I'm quite prepared to grant an adjournment, Miss Swithen.
I have my instructions, my lord.
- If you are quite sure? - I am, my lord.
In that case we'd better have the jury, who must be wondering.
I'll ensure they understand this arrangement makes essentially no difference, Miss Swithen.
I'm obliged to Your Lordship.
Your Honour, I prosecute in this case.
My learned friend, Mr Theakston, appears for Mrs Hastings.
Er before the jury is sworn Just a moment, Mr Gristone.
Your Honour? Mr Theakston.
Yes Yes, Your Honour? I understand this is your first court appearance as a fully fledged barrister? Yes, Your Honour.
I just wanted to wish you good luck.
Oh, I'm obliged, Your Honour.
Thanks very much.
In a completely non-partisan spirit, Mr Gristone.
(Door opens) Now, Mr Gristone ALDERMARTEN: Um Miss Szobolski, did you know the late Katya Zimanyi? Yes.
And you are also from Hungary? Yes.
And Katya was a friend of yours? "Friend" is too much.
Acquaintance more.
I'd seen her around in the same places.
- Frequently? - Many times.
And what sort of places were these, Miss S Szobolski, where you frequently saw Katya Zimanyi? Hotel bars, clubs.
Yes.
Am I correct that in these places you carried on your trade, as a prostitute? "Escort", I think, is better to say.
You are paid by men for sexual services? Yes.
But "escort" is a more respectable word.
And I only deal with respectable gentlemen.
Many lawyers, as a matter of fact.
Judges, even.
(Laughter) THEAKSTON: Mr Kennedy, were you shopping in the Ritevalue supermarket on that afternoon? Yes.
And did you see the defendant, Mrs Hastings, being taken away by a store detective? Yes.
Did you see Mrs Hastings before she was taken away by the store detective? Yes.
It was about five minutes before.
What was she doing? Well, she'd taken this packet of frozen peas out of the freezer and then changed her mind.
She walked back down the aisle to put the peas back in, only she didn't.
Well, she did but it wasn't the peas.
It was the gloves she had in her hand.
She walked back down past me, sussed she'd made a mistake, and then put the peas back in and took her gloves out.
And how would you describe her state of mind while she was behaving so ls Mr Kennedy a psychologist, Your Honour? Well, yes, actually.
Well, in my second year at college.
(Laughter) Members of the jury, Mr Kennedy has not been called as an expert witness.
He can only properly tell us what he saw, not give his opinion as to the defendant's state of mind.
On you go.
I'm obliged, Your Honour.
How would you describe her behaviour, when you saw it? Confused.
So you're telling us my client was absent-minded? All right, Mr Gristone.
Don't lead your own witness, Mr Theakston.
You're not cross-examining Mr Kennedy, what word would best describe, for you, the way Mrs Hastings was behaving when she apparently mistook her gloves for a packet of frozen peas? Absent-minded.
(Laughter) Thank you.
Do you know for certain that Katya was an "escort"? I see her talk with many different, often older, men.
She goes away with them, then she has money after.
I don't think that they are all her grandfathers and that they give her birthday present every week.
(Laughter) Please just answer the question, Miss Szobolski.
I am certain, yes.
Are you an honest prostitute? Whatever you call me, lady, whatever I am, I made my oath on the Bible.
ALDERMARTEN: The evidence against the accused is overwhelming.
Mr Hatton was away from home, attending this three-day company conference, in the middle of acrimonious divorce proceedings.
He was depressed and drinking too much.
On the day of the murder, he withdrew £500 from a cash till close to the hotel.
He went back to his room at six o'clock and consumed two cans of beer, and a vodka miniature from the minibar.
He also selected a near pornographic movie to watch on the pay-per-view film channel.
Katya Zimanyi, an expensive prostitute, was seen entering the hotel shortly before 6:30.
Two hours later, she was found dead in Mr Hatton's room.
You have heard expert evidence that she died as a result of a violent struggle.
Hair fibres were found in the bed, on the carpet, on the curtains.
When Mr Hatton was arrested at 11 o'clock, he was blind drunk.
THEAKSTON: What you have to ask yourselves is whether Mrs Hastings' absentmindedness might be the reason she placed the goods in her pocket, then left the shop without paying for them.
Well, "It's a very real likelihood, isn't" rt? Haven't we all done things sometimes that we can't remember? And then later on, we realise what we've done and by then it's too late.
I'm asking you to give Mrs Hastings the benefit of the doubt, members of the jury.
And lastly, I just want to say, when I was studying, I copied this sentence out of a book and stuck it on the wall over my desk to remind me why I wanted to do this job.
It said: "The end of law is to preserve and enlarge freedom.
" Now, that might sound a bit grand in connection with the theft of a chocolate bar and a torch battery, but Well Please give Mrs Hastings back her freedom.
KAVANAGH: Members of the jury, I'll shortly be summing up the case and asking you to retire and consider your verdict.
I know I'm looking forward to a cup of tea.
And I'm sure there's refreshment there for you, if you'd like it.
(Knock on door) Excuse me, Your Honour.
A Lord Cranston wondered if he might see you? Yes.
Yes, show him in.
- Jimmy.
- Laurence.
Oh, er "Laurie" now.
It's more media friendly.
- And I prefer "James".
- Oh.
More Bar Association friendly.
- Sit down.
- Thanks.
I could er I could ask for another cup? No.
No, no.
I'm due at a drinks thing at Tate Modern.
(Sighs) Well, it must be er 20 years in the flesh.
I've read things, of course.
And er matter of fact, I saw your investiture on the box, didn't I? Some documentary about the Lords? Oh, that, yes.
Total tosh, but fun.
Those robes weigh a ton.
So, Laurie, you were on your way to your do, you happened to be passing Southwark Crown Coun I did know you were sitting.
You were very impressive.
If that's the word- Impressive in your rapport with the court-.
- Almost touchy-feely.
- Was I? That sounded flippant.
I'm sorry.
- How did you know I was sitting? - A friend in the LCD told me.
The Lord Chancellor's Department? It was suggested I might like to watch you at work.
You're a member of the government, not a civil servant.
The LCD? Is this an approach? Unofficial and informal.
Clearly, my friend would like to know whether or not you would be interested.
In becoming a judge? Would you? SARAH: The evidence against my client is entirely circumstantial.
He withdrew the £500 cash, not to pay a prostitute, but effectively to empty a joint bank account he owns with his wife whom he is divorcing.
He certainly made use of the facilities offered by the Mortimer Hotel - and enjoyed, I suggest, by many of its guests - including the adult film channel and the minibar.
He left the hotel at 6:30 on the evening of the murder, and did not return until 11:00, by which time the Defence does not deny he was extremely drunk.
So drunk, in fact, that later he could not find or identify the Soho bar where he had spent his time and money.
No-one saw Katya Zimanyi and Mr Hatton together.
No traces of DNA from Miss Zimanyi were found on his person, nor was his DNA found on her body.
The only thing that links Mr Hatton and Miss Zimanyi is the presence of her body in his hotel room.
How many people might have had keys to that room? Hotel staff, former guests.
What we have to ask ourselves is whether someone other than Mr Hatton could have killed Katya Zimanyi in room 365 of the Mortimer Hotel that evening.
- I didn't do it, Allie.
- I know.
- I know.
- I'm so very sorry, Harry.
But I'll start working towards an appeal as soon as possible.
(Sobs) I'll come and see you, Dad.
(Cell door is opened) - Right, where do we start? I have to go over the evidence, the court transcripts, and then I get down to writing my advice.
What about new evidence? Someone killed that woman.
- What about a private investigator? - You're talking serious expense, Alison.
I'd advise you to wait until I've seen if there are grounds for an appeal on what we have already-.
Dad can't wait.
He's going to prison No, I appreciate that.
But nevertheless, it There's nothing to stop me doing that while you do the desk work? - Well, no, but it would still - Thanks.
Then I will.
After everything you said to me, last time I was offered a red dressing gown? You talked me out of it.
Loneliness, isolation, being deprived of the very thing that makes us become barristers in the first place.
- Money? - Oh, don't pretend to cynicism with me, James.
You're the least cynical man I know.
I'm talking about "giving people a voice".
Isn't that what you called it? Yes, I did, yes.
- What's changed? - Well, I'm getting older, for a start.
So was I.
So am I.
And I'd have felt older a damn sight earlier if I'd finished my working life as a judge.
All your old colleagues, your friends, being jolly together at the end of the day, probably moaning about you, while you're stuck with other judges for company.
No more early mornings dashing off to courts in the back of beyond.
A nice, comfy chauffeured car to the judge's lodgings.
A full staff to do the donkey work.
Decent pension when you go.
Come on, James.
Those are silly reasons for a man like you.
Then what about having a view of the whole picture? Not just those little bits of it we want the jury to see, that we persuade them to concentrate on in the interests of our client, but the whole picture.
Having a view.
Expressing it.
Seeing where justice lies.
Ah, justice not law.
Perhaps it is time you left the Bar.
Now, who's being cynical? Not at all.
It's a perfectly proper and Honourable distinction, in my view.
But if you have reached that turning point I think I have, Peter.
I didn't realise it until this came out of the blue.
Then you must do it.
How far has it gone? Oh, I've had the phone call.
Now I have to write, letting my name go forward.
Could just be endless days of sending burglar after burglar to some dreadful prison where they learn to be better burglars, you know.
Or it could be something more complete.
I remember Laurie Cranston vaguely.
You used to wave banners with him, you and Mum, on those marches.
- He's a life peer now.
- Oh, him! Of course.
Armani under the ermine.
You've got him.
But a judge, Dad? I remember one of the few times you ever swore - at home, anyway- was over a judge who'd given you a hard time.
Did I? I was quite shocked.
What was the interview like? Did you have to sit a judging test? Latin and multiple choice questions on how to make people tremble? You've always had a streak of unbecoming levity.
See, you're sounding like one already.
- Tuppence to talk to me from now on- - Bargain-.
Cheaper than a barrister.
I'll have you know your old man will be a "Sir".
Sir James Kavanagh? Does that mean I'll be an "Honourable" or something? No, it doesn't.
What do you reckon, then, Kate? Brilliant.
- Morning, Tom.
- Morning.
- What's this? - Armed robbery.
From Caffrey's.
Six-hander for next month.
Just to let you know, I won't be needing your Mr Wright.
I'll do the bail hearing in the Spencer case tomorrow myself.
Right.
Thanks, miss.
By the way, sorry about Mr Hatton.
Are you all right, Sarah? You look tired.
Yeah, I am.
I couldn't pick your brains over lunch? I'm struggling to find some points of appeal.
My Treat? I'm sorry.
I've er got some serious thinking to do.
- Tomorrow? - I'll try.
- I'll call you.
- I'd really appreciate it, James.
Bye.
More front than Selfridges, that one.
She nicks a £300 bail hearing off of one of our juniors, now she wants your expert advice for the price of a spag bol.
Alison, how's your father? Yes, I'm working on it now.
Mr Yelland? Your investigator.
Um can you fax it? Only, I've a client due OK.
Well, I'll be here till 7100, 7:30.
I'll see you then.
- I'm here for Miss Swithen.
- Through there.
Thanks.
Sarah? (Engaged tone) (Dials) Emergency services.
Which service do you require? (Knock on door) Sn'? Ah, Tom.
Thank you.
Sit down.
Is this about your serious thinking, Mr Kavanagh? Yes.
Yeah I've er just been invited for an interview at the LCD.
You taking the job? Well, congratulations.
It's about time they offered you judge.
Well, don't look so happy for me, Tom.
Well, if it's what you want.
Any idea when? Well, the interviews this afternoon.
Then there's the Royal Assent.
It could be months.
Could be weeks.
I'll be very sorry to see you go, sir.
Plus it puts a certain someone in line for Head of Chambers.
Scary.
Oh, for God's sake.
Don't let Jeremy get wind of it.
Oh, no, no, don't worry.
I'll be on full prat alert.
(Phone rings) Yes? Yes, he is.
Tom Buckley.
Yeah, Mr Wright's still available.
Oh, I'm sorry to hear that-.
Right.
Miss Swithen can't do her bail hearing after all.
Hospital.
Collapsed under the weight of her own ego, I expect.
They're lovely, James.
Thank you.
You never told me you were diabetic.
Oh, it's just something I live with.
Thank you.
Well, you won't if you don't take care of yourself.
Aren't you supposed to eat regularly and keep your sugar levels up? I skipped lunch.
I was too busy.
- Well, suppose you'd gone into a coma? - I know! Still, I'll be out again in the morning.
And my mum's looking after Jack and Jessica, thank goodness.
Is there anything I can do? Free advice? The Hatton appeal? I was going to call you today.
- No, you weren't.
- I might have.
It was Mr Hatton's daughter who found me.
She's a doctor.
She probably saved my life, James.
I suppose your firm does keep half my Chambers in work.
Come and see me tomorrow.
Um Judge? Yes? Oh, thank you.
- Um it's - Aldermarten.
Jeremy Aldermarten.
- River Court Chambers.
- The very same.
You were a leader in that ghastly indecency case I tried.
- Those seven men? - Yes, I was, yes.
I mean, how the jury found them not guilty! The Defence was frighteningly poor.
I'd have strung up the beasts by their bits.
Quite.
Mind you, they'd probably have enjoyed it.
Um River Court Yes, I saw your Head of Chambers in deep hugger-mugger with your ex-Head of Chambers.
Ah'? Now, I think they were discussing High Court vacancies.
Really? Step up for you, Alderman, if Kavanagh took a job.
By the way, whatever happened to that charming Oriental woman, your junior in the indecency? My junior was Mr Trellick.
Ah.
So you were for the Defence.
KAVANAGH: Jeremy? Miss Swithen's here for her meeting.
I've parked her in your room.
Oh, thanks, Tom.
How did your little chat go with the LCD, sir? You'd better start clearing my diary.
- Sarah.
- Hi.
- How are you? Feeling better? - Yeah, much.
Thanks for visiting.
So, what do you think? Sorry.
I have been through it thoroughly and I can see no obvious points of appeal.
Well, I can do "obvious".
There's just no significant new evidence, Sarah.
Well, what about the private investigator's report? Yelland? He says that Jana Szobolski's disappeared off the face of the earth-.
- Katya Zimanyi's friend? - She said.
I think she was lying.
Katya wasn't a prostitute, which is central to the Prosecution's case.
Alison Hatton's been back to the hotel and watched two high-class escorts in the bar with their clients.
They took payment with a little credit card swipe they carry around.
- Katya didn't have anything like that on her.
- So she didn't take credit cards.
There was £300 cash in her handbag.
And a packet of condoms.
Her and half the women in W1.
You asked for advice, Sarah, and I'm telling you.
A trial witness going missing isn't enough for an appeal, however grateful you may feel to your client's daughter.
Thanks.
I'll tell her.
Tom.
Mr Aldermarten.
(Tom clears throat) Fish.
Good morning to you, Sarah.
(Knock on door) - Jeremy.
- I need to confide in you.
- Do you? - Yes.
The thing is, James To be very frank, there are these rumours flying about everywhere.
Oh, I'm sorry, Jeremy.
Not that old business No, no.
Not about me.
About you.
Becoming a judge.
Are there? Are you? Me? A Judge? You shouldn't listen to tittle-tattle.
But you would tell me, wouldn't you, James? As a close friend.
As a close friend? Of course I would, Jeremy.
(Phone rings) Kavanagh.
Hello, Laurie.
It's not really my sort of thing-.
- You know what you like? - I know what I don't like.
Careful.
That sounds a bit "crusty old judge".
It's not what we need at all.
We? Government clearly has a role in ensuring the judiciary is more in tune A duty.
I think you're being a little unfair.
Judges aren't all "Who are the Beatles?" any more.
(Laughs) Didn't you pinch that John Lennon single from me? Did I? Yeah, um Power To The People.
That's the one.
Do you want it back? No.
It's about perception.
Mmm? The job, James.
Judges should be seen to reflect the diversity of society.
You're not ethnic and you're not a woman but you're young-ish.
And you weren't born with a silver spoon.
I'll do my best to be perceived as diverse.
This appeal you're helping out on Hutton.
Hatton.
How did you know about that? - Politicians aren't the only ones who leak.
- Well, what about it? Don't get too involved, James.
I'm not involved.
I'm just trying to help someone out.
Don't help too much, that's all.
I beg your pardon? What the hell is it to do with you, Laurie? - Not to put too fine a point on it.
- Whoa! I'm talking as an old friend.
You don't want to end up speaking for a drunk who's topped a tan at this critical stage in your career.
These things get noticed.
- I'm not speaking for anyone.
- Good.
I spy a minister.
Were you Were you just trying to warn me off, Laurie? God, no.
I'm merely reflecting a deep concern felt in some quarters that getting mixed up in this Hatton thing might damage your prospects.
Excuse me.
Sarah.
It's James.
I just want to say, Mr Yelland, about your bill so far.
Can you possibly hang on for a couple more days? My bank's bridging me.
Yes, I know.
We always like to run a health check on our clients' finances.
- Bank details, though.
Dirty tricks? - Training and experience.
It's what you're paying for, Dr Hatton.
Now, one, Jana Szobolski.
Still no trace.
And my assessment is, has been disappeared.
Two, Katya Zimanyi.
Next of kin, Elek Zimanyi of Budapest, her uncle.
Now, um he came over to ID the body but didn't come back for your father's trial.
Is he worth talking to? Yes, if he says Katya wasn't a prostitute.
If he knows.
Um l'd have to go over to see him.
Do it, then.
Sarah? Yes.
Oh, and three, I won't be leading the appeal if we get one.
Oh.
I've found a silk.
Pleased to meet you, Mr Hatton.
James Kavanagh.
I can't afford you.
I'm acting pro bone, for free, until the appeal.
You don't have to pay me anything yet.
We might even get the state to fork out if we win.
How are you getting on in here? You read about prison, don't you? All that holiday camp crap they spout.
I used to swallow it myself.
- Well, it's not one.
- No.
I won't last.
We'll do our best to make sure you don't have to.
What do you remember about the day of the murder? Near bugger all, to tell the truth.
I'd had the wife, ex-wife, on the phone at least half a dozen times since I checked into the hotel.
On and on about money all the time and the divorce.
And I was trying to drink my troubles away.
It's my opinion the possibility that others might have entered your room after you left it at 6:30 was not fully explored by Mr Cadogan.
That hotel manager said it was impossible.
He would, wouldn't he? It's something we'll investigate.
But if Miss Zimanyi could have been in your room with someone else, it would raise a very big question mark.
The client, you mean? We don't even know she was a prostitute.
I think we'd better assume she was for the moment.
I don't give a monkey's how she turned a penny.
All I know is, I never saw her.
It's only Jana Szobolski's evidence that said she was a prostitute.
What did the police find in Katya's flat? Zilch.
Her passport, a few clothes.
And she paid her rent in cash.
James, why did you change your mind? Someone's deep concern.
(Mobile rings) Sarah Swithen.
Yes, Mr Yelland? - He's at Heathrow.
Just got back.
With you? - Yeah.
YELLAND: Katya Zimanyi.
Budapest Technical University, Computer Science.
She graduated two and a half years ago, since when she's been travelling the world on business, according to her uncle.
SARAH: What's he like? YELLAND: Well, he's a teacher, or was until he had to retire early.
Heart condition.
Katya, by the way, was doing well enough to pay for his private medical care among other things.
Since she died, he's finding it hard to manage.
But he scrapes by giving private English lessons.
I thought so.
The police's note on Katya's possessions.
Passport, Republic of Hungary.
One UK entry stamp, page two.
No other stamps or visas.
Does her uncle know who she was working for? Yes, the same company she joined after she graduated and first came to London, ServControl Limited.
- Well, can you check them out? - I did.
They don't exist.
Never have.
Perhaps her uncle got their name wrong? Perhaps.
Well, she must have friends from university she stayed in touch with.
Yeah, there's a list of student names.
No addresses.
But there's this, though.
This student newspaper.
Now, this is an advertisement placed by a London-based IT recruitment agency.
Eastern Europeans come very clever and very cheap.
I'll go and see them.
And I'll try the Mortimer Hotel, to find out who else was staying there that night, if they'll tell me.
Um l could get that information for you if you want.
You do work within the law, Mr Yelland? So do you, Mr Kavanagh.
- Thank you very much.
- You're welcome.
Have a nice stay.
(Knock on door) - Come in.
- What do you think? - It's a hat.
I'm never really sure about hats for younger men.
On the other hand, it is a very smart garden party.
I am busy, Jeremy.
Well, to be honest, it's not really about the hat as such.
It's more about who I take with me.
I wonder Do you know if Sarah Swithen is attached or whatever? She's widowed.
Oh, dear.
Do you think she'd like a day in the country? Very possibly, Jeremy.
I'm sure her kids would.
On the other hand, it's not really a kids sort of thing-.
As you're here, Jeremy We're against each other soon.
Miss Swithen has instructed me in the Hatton appeal.
Oh.
Ah! So you are available, then? Very much so.
I look forward to it.
Your robes are ready for a fitting.
So, it's really happening, isn't it, sir? But you would have that information, Miss Ali? Well, yes, but I really should wait until Mr Allen gets back.
This concerns an appeal in a murder case.
It's very important.
And urgent.
Please.
Katya Zimanyi.
Yep.
We sent her to Mr Bayliss two years ago.
- And which company's that? - Simon's freelance.
A consultant.
- Computers? - That's all we do.
And where would I contact him? I've got a mobile number for him-.
(sawing) Mr Bayliss? You must be Miss Swithen.
Yes.
Thank you for sparing time to see me, Mr Bayliss.
Not at all.
Do you like her? She's beautiful.
An expensive hobby, I would imagine? (Laughs) Very.
So, you mentioned something about Katya on the phone? I'm representing the man who's been convicted of her murder.
In his appeal.
Dreadful business.
I read about it.
- I understand she worked for you? - You understand wrong, I'm afraid.
I wanted her to, mind you, having interviewed her.
Brilliant and beautiful.
But She turned me down, said she'd found something that paid better.
Do you know who with? My impression was that she was going to work for herself.
As what, I've no idea.
(Knock on door) YELLAND: Come in.
I turn down your bed, sir? Thank you.
Miss Alvarez? - Yes.
- Anna.
Weren't you working on this floor on 11th April? The day before your colleague, Miss Comacho, found the body of the girl in room 365? You're from the police? Why? Would that be a big problem for you, Anna? Now, I just want to know if you remember seeing the man in room 377 along the corridor? You're not the police? I'm not from Immigration, if that might be worrying you-.
Now, all you'd have to do is tell me what he looked like and I'd write it down for you to sign.
I don't suppose you get many tips, do you, Anna? The hotel computer shows room 377, which is the room along the corridor from your father, as having been empty the whole week.
But if you look at outside services billed to the room, you'll find that a Mr Alan Rainer of room 377 ordered a car and a driver from Magnum Cars for three days from the day before the murder.
Now, Magnum are reluctant to give details of their clients, but I'm working on it-.
Before you go on, Mr Yelland, I'm obliged to say something.
Obliged? Oh.
You've hacked into a private computer system.
You're laying yourself open to a potential prosecution.
Yes, I always tell clients to focus on my results, not my methods.
Dr Hatton is a client.
Yeah, well, I'm sure Mr Yelland appreciates your advice.
I won't mislead the court or the Crown about how this evidence was obtained, Mr Yelland.
Understood.
Now, the chambermaid who was off sick on the day of the murder, Anna Alvarez, can give evidence that she saw a male guest in room 377 on the day before.
He may have been with a woman, but she can't be sure.
It could be just a computer error, surely.
It's possible.
Say, if the reservation had never been entered in the first place.
Or it may have been deleted.
You won't find any trace of my stay on their system.
Anything more on Katya Zimanyi? The Home Office have confirmed that they didn't issue her with a work permit.
She must have come in as a tourist.
And what Bayliss, the computer consultant, could tell me, which was nothing.
(Pager bleeps) - Sorry.
Would that be Simon Bayliss, by any chance? - I'm on call.
- Maggie can give you a lift back.
- She's due back, anyway.
- Of course I can.
- You'll call me, Sarah? - Yep.
What about Simon Bayliss? Six foot, greyish hair, mid 40s? Yes.
He wanted to give Katya a job.
Why? Well, we served together.
His computer expertise was at least equal to mine [but.]
never thought he'd leave the army.
Certainly not for a desk job.
Action man, Bayliss.
What were you in, Mr Yelland? Intelligence Corps, something like that? Something like that, yeah.
Could Bayliss be working for the state? I'd assess that as highly probable, I'm afraid.
Until we know otherwise, I suggest none of us takes for granted that our progress on this case is confidential.
James? This is starting to look something more than a simple miscarriage of justice.
Rainer? Hatton's appeal team are onto you.
I'll try and pre-empt.
Perhaps you should make a statement.
Oh, yes, you will! If it's thought appropriate.
I'll seek advice on exactly what you should say.
FOXCOTT: The secret state.
Don't I remember the government telling us all that was going to be more open now? - More accountable? - You must have imagined it, Peter.
(Laughs) I must have.
What are you going to do? Proceed with caution.
Good.
But proceed? Definitely.
(Sighs) Something else on your mind, old friend? Taking the job, Peter.
I'm not sure I want to make people tremble.
(Laughs) You, James? I've watched you sitting as Recorder.
They eat out of your hand.
You're hardly Judge Jeffreys But it's still talking at people.
I'm worried I might miss speaking for them.
Eleanor's sick visiting this evening, so I propose oven on for a couple of these fellows-.
I'm sure there's some almonds in the larder.
One of my better Chablis.
And then a nightcap in the Woodman's.
Seconded.
"Phone for the fish knives, Norman.
" (Laughs) What? - Don't you know it? - No.
"Phone for the fish knives, Norman, as Cook is a little unnerved.
You kiddies have crumpled the serviettes and I must have things daintily served.
" (Both laugh) Visitors? This is a copy of the Magnum Cars hire agreement with Alan Rainer of room 377.
He paid by credit card.
Well, I found the driver, Christopher Parkes, who says he dropped Rainer off at the hotel about 6:20.
Rainer told him to wait, said he'd be back in an hour.
Just after 6:30, Rainer came out of the hotel, followed by a man who persuaded him forcefully to go back in.
Did he come out again? No, he called Parkes, the driver, at 7:15.
Cancelled the rest of the booking.
What about the man who took Rainer back in? Well, the way Parkes described him, it could have been Simon Bayliss.
Mr Yelland's confirmed what we hoped he wouldn't, - Bayliss's connection with the security services.
- I called in a very big favour.
Bayliss ran alongsiders with great success in Northern Ireland.
In English, Mr Yelland.
Oh, sorry.
Alongsiders are people who are subcontracted by the security services whose names never appear on the payroll, but who work, well - Alongside them.
- Yeah.
It's totally deniable if their cover's blown.
My source suggests that Bayliss is now himself an alongsider, recruiting others.
Like Katya, possibly? We know she met him at the computer employment agency.
- But why she'd want to get involved with this - Maybe she was working off a debt to Bayliss.
Suppose he'd lent her the money to pay for her uncle 's medical treatment? Just the almonds and the butter at the last moment and then we can eat.
- Gorgeous.
- Peter, this really is above and beyond of you.
- Yes, thank you, Mr Foxcott.
- Sorry about the invasion.
It's just something that's very important to you.
Don't mention it, Miss Swithen.
It's the most interesting Saturday night I've had for a long time.
Go back to Alan Rainer.
Does anything connect him to Katya, apart from the fact he was in the same hotel? Yes um Computers.
He's Chief Executive of Pro-ldenticode Limited.
They're based in Birmingham, specialists in state-of-the-art data encryption.
Big Players.
I've obviously got some catching up to do.
Well, data encryption programs are Programs which turn data into uncrackable code, which can only be unlocked by others with the right key.
The government hates it.
It can put information beyond their surveillance.
- Yes.
Sorry.
(Foxcott laughs) Do you mind if we eat round the television? Well, that's Rainer.
Thank you.
And that's where the waiter caught my briefcase.
So, what kind of business are you in? YELLAND: Er bookmaking.
Over the internet We turned over £40 million in our first six months.
And you keep the money offshore? YELLAND: Well, that's the general idea.
But it would be better for our punters if we could keep the whole thing private and give us an edge on the competition.
I'm with you.
Well, we can do that Basically, all you do is buy a software system from us and no-one's going to know what's going on.
Each of your punters gets their own key and none of those transactions can be seen by anyone.
(Mobile rings) - I'm sorry.
YELLAND: How does that work, then? You still have to get through the UK phone system.
What you've got to remember is that in the UK, none of your regular e-mail traffic is really secure.
Now, with our system, you just dial direct to our servers in Hungary.
Low-cost calls, all encrypted.
All bypassing the boys in black.
YELLAND: No police, no no security services, nothing? It's the only system guaranteed secure.
YELLAND: How much does it cost? £850,000.
Well, the Centre of Pro-ldenticode's operation is in Budapest.
Our security services are extremely keen to infiltrate them.
Using Katya.
Well, if the chambermaid's right about a woman staying in Rainer's hotel room, perhaps Katya was engaged on intimate surveillance? As his girlfriend? That was Alan Rainer's solicitor.
He understands my firm's representing Mr Hatton in his appeal and his client would like to offer us a statement.
SARAH: "I sometimes use the Mortimer Hotel, London, W1, to rendezvous with business clients.
But I have never stayed in a room there, although I have, on occasions, falsely implied so, in my dealings with Magnum Cars.
I did this in order to benefit from the discount they offer to hotel customers.
" - We've got him, James.
- Have we? Haven't we? The chambermaid can place Rainer as a resident in the hotel the day before Katya was murdered.
The chambermaid's statement isn't enough by itself.
We'd need Rainer in the box under cross-examination.
If we ll him, all he'll do is stick to this statement-.
We can't cross-examine our own witness.
And Jeremy's got no reason to call him.
Can't you ask the court to call him? Well, yes, but I'd have to give them some idea why I didn't want to.
And we'd show too much of our hand to Jeremy.
Who killed her, James? - Rainer? - In Hatton's room? - Bayliss? - It's irrelevant.
We're not trying to get a conviction, just overturn one.
(Knock on door) Er excuse me.
Urgent, sir.
(Vet')?- Can you get hold of er Mr Hodgskin? I'd like to go and see him as soon as possible.
Right, sir.
You might as well know, Sarah, the Sovereign has graciously approved my appointment to the High Court bench.
- This is from the Lord Chancellor's Department.
- Congratulations.
When? There's a rape at the Bailey starting Thursday.
Mr Justice Frainer collapsed at the weekend.
Thursday? - What about the appeal? (Phone rings) Yes? TOM: Er Mr Hodgskin's at the House of Lords today, sir.
- He can give you ten minutes.
- Can he? Sir.
- Mr Kavanagh.
- Mr Hodgskin.
I appreciate your seeing me at short notice.
A pleasure.
What is it? I am currently preparing an appeal, which starts the day after tomorrow.
Yes.
It's a case I believe to be more than usually important, for me and for justice.
Yes? I realise that in the normal run of things No.
I'm sorry? I have the most dreadful suspicion you're asking for your appointment to be delayed? The answer's no.
The Lord Chancellor expects to swear you in tomorrow at 3:00.
His call trumps everything.
- I know that - Mr Kavanagh, you either accept your appointment now or relinquish all possibility of it being asked again.
I strongly advise you to accept.
Thank you.
You fixed it, didn't you? - I'm sorry, James? - To stop me doing the Hatton appeal.
Fixed what? My sudden and urgent call to the Bench.
A call I can't refuse.
The timing of your appointment has nothing to do with me.
- It's the Lord Chancellor's Department.
- You have heard, then? It was mentioned, yeah.
I was going to send you a rather fine wine and a card.
What's happened to you? How can you be part of a government that is prepared to let an innocent man stay in prison to cover up some cloak-and-dagger disaster? A cover-up? Oh, come on, Jimmy.
That sort of thing just does not happen.
Doesn't it? I think your memory's addled.
Too long in the corridors of power.
Matrix Churchill ring any bells, does it? Three British businessmen almost getting sent down so the government could keep its hands clean of illegal arms deals? That was not us.
Things are different now.
Anyway, if you don't do this appeal, someone else will.
Oh, I'm doing it.
I'm doing it, Laurence.
I've never been against Jeremy in an appeal.
Though we once appeared in the same one, a double murder, representing different clients.
- And what happened? - He won for his.
Mine's still doing life.
(Door opens) - Good morning, Mr Hatton.
- Harry.
- I've been practising.
- Sorry? Like they do on the news, when they walk out front, free, innocent.
Yeah! You will do it, won't you? - Thank you, James.
- What for? For staying one of us.
Tell me about them.
KAVANAGH: Mr Justice Moisson, good listener and not much else.
Lady Justice Pinnock, the ice maiden.
And Her Honour Judge Hanover, new to the Court of Appeal, and I gather not unkind.
Mr Kavanagh.
Mr Aldermarten.
We have read your grounds of appeal, Mr Kavanagh.
Your case seems to be that Miss Zimanyi was murdered by a third party.
That seems the most likely explanation, my lady.
And you contend this on the evidence of these witness statements? We infer it, my lady, from the cumulative effect of the new circumstantial evidence we have discovered.
How were these witnesses found, Mr Kavanagh, who were not produced at the trial? Your Ladyship will understand the difficulties faced when the police have closed their files.
A private investigator was engaged.
You seem to be implicating a Mr Rainer.
Will you be calling him? No decision has been reached at this stage, my lady.
His statement doesn't help you, does it? With respect, my lady, one would hardly expect it to.
You have quite a mountain to climb, haven't you? Perhaps if I were to take the first step, my lady? KAVANAGH: On Friday, 12th April, this year, the day Katya Zimanyi was murdered, were you at your work as a chambermaid in the Mortimer Hotel? No, I was sick.
Were you working the previous day, Miss Alvarez, the Thursday? Yes.
Was room 377 one of those you attended to on that day? Yes.
According to the hotel guest list, room 377 was unoccupied for the whole of that week-.
Was "It, in fact, empty that morning? No.
I went into the room and I saw a man.
Was this the man? Number three in your bundles, my lady.
ALVAREZ: I think so.
Did you notice anything about the room? A briefcase.
It was on the bed.
Was this man alone in the room? I heard the shower and I smell perfume.
Possibly a woman was there.
- But you didn't see a woman? - No.
I have no further questions.
Thank you, Miss Alvarez.
Miss Alvarez.
Why were you off sick on 12th April? I had anxiety.
I couldn't sleep.
- I had to go to the doctor.
- This was a psychological condition? ALVAREZ: It was a very difficult time for me.
I had some problems with my work permit.
Do continue, Mr Aldermarten.
I'm obliged to Your Ladyship.
Does your illness mean that you find it hard to cope with stressful situations? Well, this is natural, I think.
When you were approached by the private investigator, Mr Yelland, and he asked you about the morning of 11th April, did you find that stressful? - A little, yes.
- But you were happy to help? Yes.
Were you offered an inducement to give this evidence? I'm sorry, I don't understand.
Did anyone give you money, Miss Alvarez, in return for your statement? Well, not like that.
What do you mean? They did or they didn't? Mr Yelland gave me a tip.
How much was this tip? £50.
I beg your pardon? I'm not sure the court heard the answer.
How much did Mr Yelland tip a chambermaid who had serviced his room for the stay of a single night? £50.
Thank you, Miss Alvarez.
Re-examination, Mr Kavanagh? No, my lady.
You may leave the witness box.
What do you say this witness proves, Mr Kavanagh? That er contrary to what the hotel computer records produced by the Crown at the trial say, there was, indeed, a guest in room 377, just along the corridor from the room in which Miss Zimanyi's body was found.
One presumes that a hotel computer is as prone to mistakes as any other, does one not? And just as prone to manipulation, my lady.
Are you alleging manipulation? I merely say it is not impossible.
Yes, well, do carry on, Mr Kavanagh.
I call Mr Christopher Parkes.
Mr Rainer booked me and the car for three days.
Thursday 11th until Saturday 13th.
Through his hotel, the Mortimer.
Do you remember your movements on the second day, the 12th? I ran him around to a few meetings during the day, then dropped him off at the hotel.
6:20-ish.
He said he'd be out again at 7:15.
One moment, Mr Kavanagh.
Remind me, at what time did the murder take place? Miss Zimanyi was seen alive just before 6:30, and her body was found two hours later.
The pathologist's report stated that death had occurred towards the beginning of that two-hour window-.
Thank you.
When did you next see Mr Rainer again, after he went into the hotel? Less than 15 minutes later, soon after 6:30, coming out again.
- Did he see you? - No.
This bloke came after him and caught him up.
There seemed to be a bit of an argument, then they went back in.
What happened at 7:15 when Mr Rainer had said he'd need you again? He called me and cancelled the rest of the booking.
Thank you, Mr Parkes.
Er Mr Parkes, did you ever accompany Mr Rainer to his room in the Mortimer Hotel? - No.
- No.
Did you ever fetch or carry anything to or from his room? No.
So all that backs up your claim that he was staying at the Mortimer Hotel is that Magnum Cars booking form? I suppose so, yes.
Thank you, Mr Parkes.
It's all about Rainer and he's the one person we can't get in the witness box.
Courage, mes enfants.
I didn't know you were a linguist, Jeremy.
Sour grapes never suited fair lady.
Katya's uncle.
Will you excuse us, Jeremy? I'll come and meet him in a minute, if you don't mind.
Yeah, fine.
Chocolate, that's usually the best bet from these things-.
I'm sorry, I didn't mean to snap.
- No, not at all.
- It's just well, you know.
Well, there's still a little way to go.
This may not be the moment, but I I do admire your advocacy.
Thank you, Sarah.
Why is that? You go in for the kill.
You never leave the cake un-iced.
Lady Justice Pinnock obviously recognises that Hermione.
Yes, isn't she wonderful? I was her junior once.
The firm smack of a first-class mind.
She was a wonderful student.
Second in her year.
I'm right that you brought her up, Mr Zimanyi? Yes.
Since her father and mother died, 15 years before ago, in a car crash.
What son of person was she? She was a very dear girl.
She was "szemem fénye," we say.
"The light of my eye.
" "The apple of my eye" is the same.
Did she help you financially? I understand you have health problems.
She paid for a private operation.
A pacemaker for my heart.
And many other things.
She was very generous to me.
Not just with money, you know.
(Sighs deeply) But with with her spirit.
Would you like to sit down, Mr Zimanyi? - OK.
- Yes.
Thank you, my lady.
When Katya came to England, how often did you communicate with her? At first, she wrote every week.
Then every two.
Then er now and then.
Why did she write less? She was busy with her work.
Computers.
Writing the programs.
She had to travel very often, all over the world.
Er Japan, Australia, South America.
I was very proud.
I'm sure you were, Mr Zimanyi.
Did your niece say who she was working for? Yes.
Her company, ServControl.
You will see, my lady, in the bundles, the result of a company search.
ServControl Limited does not exist.
I now have to ask you something unpleasant, Mr Zimanyi.
I know.
You have become aware, haven't you, that Katya was alleged, at the trial of the man convicted of her murder, Mr Hatton, to have been working as a prostitute.
Yes.
I tell this court now, all of you that such a thing, it's not true.
I knew her.
I loved her.
It is untrue.
That is the final word I say about it.
What do you say Miss Zimanyi was doing? My lady, it is a matter of inferring from surrounding circumstances.
Miss Zimanyi was intellectually gifted.
She came to London, was obviously earning a living, although there is no record of her having a work permit.
She clearly travelled internationally.
That is not uncommon, surely, for a prostitute in the upper reaches of that profession? In her passport, which the police found in her flat, there were no foreign entry stamps.
It is just as much to be inferred that she was working for, say, a covert organisation.
A Coven organisation? Do you have any proof of that assertion? With respect, my lady, it is not an assertion but an inference-.
I don't believe the security services and their sub-contractors issue membership cards.
I've no doubt your niece was a computer science graduate who came to this country 20 months before her death.
But you've no idea what she was doing here, have you? She told me, yeah.
She told you.
You've only her word for it.
Katya would not lie to me would would not have lied.
Because she had so much respect for you? You brought her up? Because she loved you? I hope to think so, yeah.
In that case, Mr Zimanyi, would she have told you if she had been working as a prostitute? Please answer my question.
I said my final word.
(Murmuring) Mr Zimanyi, stay where you are.
- I've finished the cross-examination, my lady.
- Mr Zimanyi.
(Shocked whispering) We say that each of the witnesses you have heard adds only small pieces to a much bigger and mysterious picture.
Mr Kavanagh, we are not interested in entering a world of fantastical speculation.
This court can only proceed on the basis of credible evidence.
Indeed, my lady, but we say this bigger picture shows that, with her background, Katya Zimanyi had more reason to be in the Mortimer Hotel to see Mr Rainer than to see the appellant, Mr Hatton.
Tomorrow at 10:30, when we will hear closing argument.
We're going to lose, aren't we? All because you didn't get to cross-examine this Rainer.
I'm afraid that just wasn't possible.
If Mr Aldermarten had called him, as I explained, it would have been a different matter.
They sit up there like gods, those judges, playing games with my father's life like it's some extra-difficult crossword that's spoiling their breakfast.
Well, I'm sure we'll get a fair hearing.
And we still have an arguable case in law.
I don't want a fair hearing.
I want my father back.
Do you fancy a pint, or whatever you drink? Er thanks.
Um no, James.
I'll see you tomorrow.
Well, you certainly iced Mr Zimanyi's cake.
Yes, it was rather horrible, wasn't it? It shook me up, rather.
You were good, though.
How are the little ones? They're with Grandpa Ian and Granny Pat this week.
Dr Hatton? I think I'm losing hope.
- Signorina Swithen.
Buona sera.
- Buona sera.
La offro quel bel tavolo li.
Va bene? Perfetto.
- Come state tutti? - Tiriamo avanti.
Shall I take your hat, sir? Si.
Grazie.
OK.
I bought it for a garden party, the hat.
I do like it, rather.
Quietly sophisticated, Jeremy.
Scappatamente sofisticato, Geremia.
You're getting slow, Simon.
But that's what I mean about you, Jeremy.
I could never stand for Parliament.
Well, I didn't actually stand.
I tried for adoption, sought adoption.
But for both major parties.
Such determination.
Yes, I still I still sometimes think of trying again.
As an Independent-.
You never leave things unfinished, do you? I so admire that quality.
That and your independence.
- Dolce.
- Grazie.
Prego.
Two questions, Mark.
What makes you think I can give you Rainer? I don't, but I know you know who can.
And why should I? Or rather, why should they? Because a young woman wants her dad back.
You bastard.
I thought you were serious.
Why should they give you Rainer? Because if they don't, Simon, all those banks, all those companies, all those criminal front organisations whose secrets they want to earwig, all sleeping soundly at the moment, thanks to their faith in Pro-ldenticode's encryption software, all those people will soon wake up in a cold sweat.
You'd tell Rainer's customers? Yeah, I wouldn't tell them how Rainer blackmailed into co-operation when he found his girlfriend wasn't what she seemed and killed her.
But I would tell them, yeah.
Warn them that their faith in Rainer's software was now misplaced.
That for keeping their secrets secret, they'd be better off with a My First Walkie-Talkie set.
You'd be placing yourself at very serious risk if you did, Mark.
I don't think I'm going to have to, do you? - I was saying about my father - Mmm.
He was remote.
Disapproving.
Never thought you followed things through.
Is that how it is with you, Jeremy? How well you understand me.
That's That's remarkable.
Mascarpone, Jeremy.
Do you really? How How would that translate? Mascarpone cheese.
At your elbow.
Ah.
Just that little bit extra.
The icing on the cake.
(Taxi door opens) There's Rainer now.
Is this anything to do with last night? And Jeremy? Oh, we didn't discuss the appeal.
Food, mostly.
KAVANAGH: Why did Jeremy call him? Well, I was quite clever, I think.
SARAH: Looks like he's come straight from the airport.
Where's Mr Zimanyi staying? He's in a hotel off Russell Square.
Why? Send a taxi for him and tell him to bring those postcards.
You must have your reasons, Jeremy.
I'm not complaining.
Speaking as a close friend, James, I think you sometimes underestimate my self-confidence.
I can top the pudding, you know.
Your instructions have changed, haven't they? Mustn't keep Hermione waiting.
Thank you, Mr Zimanyi.
If you think they can help.
I hope so.
(Clears throat) Are you ready to make closing submissions, Mr Kavanagh? My lady, before my learned friend addresses the court, there is one further witness the Crown proposes to call.
Is there? If My Ladyship pleases, and with the greatest respect to the court, the appeal process can sometimes seem incomplete, like a cake without its icing.
In the further interests of justice, and so the appellant and his family can rest assured the Crown has nothing to hide, we propose to call Mr Alan Rainer.
(Whispering) My lady, before my learned friend calls his witness, I ask for these three postcards to be exhibited.
They may assist the court.
Seven, eight and nine.
That's Bayliss.
I see.
Oh, and remind me to tell you how clever I've been.
Now, Mr Aldermarten.
ALDERMARTEN: And you are the chief executive of Pro-! dent%code Limited? Yes.
Mr Rainer, were you staying at the Mortimer Hotel on 11th or 12th April this year? No.
Were you present at the hotel on either of those days? Yes, I had some business meetings there.
Where were you between 6:30 and 7pm on Friday, April 12th? In the cocktail bar for a meeting with a customer, but he didn't turn up.
We have heard evidence that you hired a car, and driver, from Magnum Cars and that their booking records you as being resident at the hotel.
- Now, how do you explain this? - Hotel residents get a discount from Magnum.
I use the Mortimer quite often, so I got one of the girls on reception to arrange the car.
I made up a room number for her so I'd get something off.
I I shouldn't have, but Well ALDERMARTEN: ErMr Rainer, did you ever know a young Hungarian woman, Katya Zimanyi? No.
We have a photograph.
Please show the witness number four.
ALDERMARTEN: Just to be sure.
No.
Doesn't mean a thing.
You're absolutely certain? Yes.
Thank you, Mr Rainer.
Mr Rainer you lied in order to benefit from a car hire discount.
Well, hardly a hanging offence.
Did you lie? Yes.
KAVANAGH: You lied in order to obtain a discount for your company of 5%.
Say, £20, £25 on a three-day hiring? Something like that.
What is the annual turnover of your company? I have last year's annual report if your memory needs refreshing-.
In the region of 400.
£400 million? Yes.
(Murmuring) I'm right, am I, that Pro-ldenticode specialises in the design of data encryption software? Yes.
Software which enables your customers to preserve the secrecy of their electronic communications? Yes.
KAVANAGH: And as an extra guarantee of security, they send their messages through an internet service provider that you've set up outside the UK.
They dial a number in Where is it, Mr Rainer? In Budapest.
Hungary.
Yes.
I imagine this software is worth a great deal? Yes.
Hundreds of thousands of pounds? Millions, perhaps, to some customers? Well, that's commercially sensitive.
But you'd agree this software is extremely valuable? Pretty obviously.
Indeed.
Obviously.
This customer you were waiting for in the cocktail bar of the Mortimer Hotel, about the time Katya Zimanyi was murdered, were you due to hand over this extremely valuable software to him? That's confidential.
But if you were, wouldn't it be pretty obviously better to book a room in the hotel? Not have a commercially-sensitive meeting in its bar.
Possibly.
Mr Parkes, your driver, has told the court that he saw you leave the hotel soon after 6:30 and then go back in again immediately, with a man who'd followed you out.
Is that correct? I had a splitting headache.
I thought I'd take a little walk around the block to get some fresh air.
Then some chap caught me up and told me I'd left a folder in the bar.
Why didn't you just look in your briefcase and check? I I don't know.
Was he right, this chap? No, I I hadn't left anything.
So, once you'd made sure of that, you came back out, did you, and finished your little walk? No, I stayed in the bar.
What about your splitting headache? Well, I'd taken some painkillers and I suppose they'd started to work.
Katya was a beautiful girl, wasn't she? (Vet')?- If the photograph is anything to go by-.
Was she your girlfriend, Mr Rainer? Or someone you thought was your girlfriend? I didn't know her.
KAVANAGH: Would you look at these postcards, please? Exhibits seven, eight and nine, my lady.
Where is this taking us, Mr Kavanagh? These cards were sent by Katya Zimanyi to her uncle last year, my lady.
Where are they from? What? Just tell the court where those cards are from, please.
Sydney.
Tokyo.
8530 Paulo.
Pro-ldenticode has links with companies in those three cities, doesn't it? I imagine you travel to them very often.
Not for at least two years.
So if I were to look in your passport, there would be no entry stamps for those three places dated within the last two years? No.
Have you just returned from abroad? Geneva, this morning.
I came here straight from the airport.
Might I look at your passport, Mr Rainer? Why are you hesitating, Mr Rainer? Is it because it would show you were in the same places Katya Zimanyi sent those postcards from at the same time? No.
You admit you were in the same place at the same time as her on the evening of her murder? - Mr Kavanagh - At the Mortimer Hotel? Did you, perhaps, go back to the room you'd booked, to call your missing client and find out where he'd got to, but instead found Katya Zimanyi stealing your valuable software? No.
PINNOCK: We are not a jury, Mr Kavanagh.
KAVANAGH: Do I have to make an application to the court for your passport, Mr Rainer? Or are you willing to take it out of your pocket now and show me? (Whispers) Well? Yes, Mr Aldermarten? My lady, I am instructed that the Crown, as respondent, no longer opposes the appeal.
(Whispering) The appeal is allowed.
Your conviction is quashed, Mr Hatton.
You are free to go.
- We will give our full judgment at a later date.
- (Excited murmuring) CLERK: All rise.
Over there, over there! - Hatton's free.
They're coming out.
- Back, please.
I've not got the strength left to be angry.
Wish I bloody had.
Mr Aldermarten had rm alternative-.
He couldn't risk Rainer's connection with the security services coming out.
What'll happen to him? Rainer? Well, he was Katya's lover and he did have a room in the hotel, but that's not enough evidence for a murder charge.
JOURNALISTS: Mr Rainer? Mr Rainer? ALISON: But it's obvious he did it.
Where 's justice? KAVANAGH: Wearing her blindfold, Dr Hatton.
SARAH: So Rainer gets away with "It.
They all do.
HATTON: Thank you.
Mr Hatton.
- Dr Hatton.
- Good luck.
Bayliss had Rainer's room under surveillance.
Offered to get him off the hook.
Let Katya's body be found in a different room, made sure her hair fibres were spread around and so on.
Let someone else take the blame.
Who happened to be poor Mr Hatton.
Mr Foxcott.
I just thought the Head of Chambers might like to know there's a prat in a hat on the horizon.
I'll let him know, Tom.
(Door opens) Peter.
Jeremy.
Commiserations, Jeremy.
I think of it as a victory for justice, not as a defeat for me.
SARAH: You do? ALDERMARTEN: Yes.
Right has prevailed.
Your client was clearly innocent.
Oh, you spotted that.
Someone was obviously trying to muddy the waters right from the off.
You know, to me it was as clear as - Mud, Jeremy? - Exactly, Peter.
Still, congratulations, James.
You won.
Balls, Jeremy! We none of us won.
Wait for me here.
About an hour or so? - Say 7:15? - Right, sir.
(Lock bleeps open) (Bugging device picks up sound) (Electronic beeping) (Lock clicks open) (Door opens) Oh? - Hi.
- Hi.
Buongiorno.
Thanks for coming.
DOORMAN: I've got a cab for you, sir.
I wasn't doing anything.
I wasn't.
Don't lie to me, Katya.
KATYA: Please.
Alan! Downstairs! (Door opens) (Big Ben chimes) I can't believe he bothered to fight it, Tom.
- Haven't got a result yet, then, sir? - Oh, the jury's itching.
Particularly after yesterday's frankly lacklustre performance by the Defence junior.
Miss Swithen.
Well, solicitor advocates.
Got to get used to 'em, I suppose.
It's hardly kosher.
Wouldn't ask a GP to do brain surgery.
No, exactly.
Nor a good plain cook to rustle up Les cailles farcies Au fumet de truffes.
That neither.
- Miss Swithen.
- Sarah.
Good morning.
What hat have you got on today? The solicitor or the advocate? Both fit, thank you.
- Tom, the brief I rang you about.
- Oh.
Thanks, miss.
I've just had the CPS on the phone, by the way, as you're here.
Would you tell your leader, please, that we're still willing to accept a plea to manslaughter? - Grounds? - Diminished responsibility.
- Hatton clearly wasn't in his right mind.
- I'll pass it on, of course.
Bon appetit, Jeremy.
Hello, James.
Hello, Sarah.
How are you? Battling, but good.
I haven't seen you for weeks.
I'm doing a stint at Southwark sitting as Recorder.
Two hats! Tut tut.
- What? - Oh, ask them.
(Door slams) Alison! Alison! This is Alice in bloody Wonderland! I never even met her.
Never.
And now you're telling me to say I killed her? And I'm mad? I'm not telling you to do anything, Mr Hatton.
But it is my duty to pass on the Prosecution's offer.
And it is my duty to advise you, unless you accept that offer and change your plea to guilty of manslaughter on the grounds of diminished responsibility, then you'll very likely be convicted of murder, the way the evidence has gone so far.
We do understand the difficulty for you, Harry.
(Sobs) Oh, God.
Oh, God! Perhaps you'd like a few minutes to consider? I want you to believe me, that's all.
I couldn't kill anyone.
Just believe me.
Mr Hatton, whether I believe you or not is beside the point, I'm afraid.
I assume, from a professional point of view, that all my clients are telling the truth.
Sarah? Of course I believe you.
(Sighs) I strongly advise you to accept, Mr Hatton.
Five years is a lot less than life.
But I'm innocent.
Why can't you believe it? She can.
Well Perhaps it's best if we leave you for, shall we say, 15 minutes, so you can come to a decision? BARRISTER: Miss Swithen? Don't bother, Mr Cadogan.
I've reached my decision.
I've decided to "dispense with your services", is that right? You're sacked! Ah, Dr Hatton.
- How's my father? - You'll have to ask his solicitor.
Er sorry, solicitor advocate.
- Morning, Your Honour.
- Morning, Susan.
What have we got today? Piracy on the high seas, two treasons and a - And a shoplifting.
- And that's just before lunch.
(Laughs ruefully) Er my lord, I understand that my learned friend, Mr Cadogan, has been dismissed by his client.
I anticipate that Miss Swithen will be applying for an adjournment to instruct leading counsel.
Er no, my lord, I will not.
I will be conducting the remainder of this case.
I'm quite prepared to grant an adjournment, Miss Swithen.
I have my instructions, my lord.
- If you are quite sure? - I am, my lord.
In that case we'd better have the jury, who must be wondering.
I'll ensure they understand this arrangement makes essentially no difference, Miss Swithen.
I'm obliged to Your Lordship.
Your Honour, I prosecute in this case.
My learned friend, Mr Theakston, appears for Mrs Hastings.
Er before the jury is sworn Just a moment, Mr Gristone.
Your Honour? Mr Theakston.
Yes Yes, Your Honour? I understand this is your first court appearance as a fully fledged barrister? Yes, Your Honour.
I just wanted to wish you good luck.
Oh, I'm obliged, Your Honour.
Thanks very much.
In a completely non-partisan spirit, Mr Gristone.
(Door opens) Now, Mr Gristone ALDERMARTEN: Um Miss Szobolski, did you know the late Katya Zimanyi? Yes.
And you are also from Hungary? Yes.
And Katya was a friend of yours? "Friend" is too much.
Acquaintance more.
I'd seen her around in the same places.
- Frequently? - Many times.
And what sort of places were these, Miss S Szobolski, where you frequently saw Katya Zimanyi? Hotel bars, clubs.
Yes.
Am I correct that in these places you carried on your trade, as a prostitute? "Escort", I think, is better to say.
You are paid by men for sexual services? Yes.
But "escort" is a more respectable word.
And I only deal with respectable gentlemen.
Many lawyers, as a matter of fact.
Judges, even.
(Laughter) THEAKSTON: Mr Kennedy, were you shopping in the Ritevalue supermarket on that afternoon? Yes.
And did you see the defendant, Mrs Hastings, being taken away by a store detective? Yes.
Did you see Mrs Hastings before she was taken away by the store detective? Yes.
It was about five minutes before.
What was she doing? Well, she'd taken this packet of frozen peas out of the freezer and then changed her mind.
She walked back down the aisle to put the peas back in, only she didn't.
Well, she did but it wasn't the peas.
It was the gloves she had in her hand.
She walked back down past me, sussed she'd made a mistake, and then put the peas back in and took her gloves out.
And how would you describe her state of mind while she was behaving so ls Mr Kennedy a psychologist, Your Honour? Well, yes, actually.
Well, in my second year at college.
(Laughter) Members of the jury, Mr Kennedy has not been called as an expert witness.
He can only properly tell us what he saw, not give his opinion as to the defendant's state of mind.
On you go.
I'm obliged, Your Honour.
How would you describe her behaviour, when you saw it? Confused.
So you're telling us my client was absent-minded? All right, Mr Gristone.
Don't lead your own witness, Mr Theakston.
You're not cross-examining Mr Kennedy, what word would best describe, for you, the way Mrs Hastings was behaving when she apparently mistook her gloves for a packet of frozen peas? Absent-minded.
(Laughter) Thank you.
Do you know for certain that Katya was an "escort"? I see her talk with many different, often older, men.
She goes away with them, then she has money after.
I don't think that they are all her grandfathers and that they give her birthday present every week.
(Laughter) Please just answer the question, Miss Szobolski.
I am certain, yes.
Are you an honest prostitute? Whatever you call me, lady, whatever I am, I made my oath on the Bible.
ALDERMARTEN: The evidence against the accused is overwhelming.
Mr Hatton was away from home, attending this three-day company conference, in the middle of acrimonious divorce proceedings.
He was depressed and drinking too much.
On the day of the murder, he withdrew £500 from a cash till close to the hotel.
He went back to his room at six o'clock and consumed two cans of beer, and a vodka miniature from the minibar.
He also selected a near pornographic movie to watch on the pay-per-view film channel.
Katya Zimanyi, an expensive prostitute, was seen entering the hotel shortly before 6:30.
Two hours later, she was found dead in Mr Hatton's room.
You have heard expert evidence that she died as a result of a violent struggle.
Hair fibres were found in the bed, on the carpet, on the curtains.
When Mr Hatton was arrested at 11 o'clock, he was blind drunk.
THEAKSTON: What you have to ask yourselves is whether Mrs Hastings' absentmindedness might be the reason she placed the goods in her pocket, then left the shop without paying for them.
Well, "It's a very real likelihood, isn't" rt? Haven't we all done things sometimes that we can't remember? And then later on, we realise what we've done and by then it's too late.
I'm asking you to give Mrs Hastings the benefit of the doubt, members of the jury.
And lastly, I just want to say, when I was studying, I copied this sentence out of a book and stuck it on the wall over my desk to remind me why I wanted to do this job.
It said: "The end of law is to preserve and enlarge freedom.
" Now, that might sound a bit grand in connection with the theft of a chocolate bar and a torch battery, but Well Please give Mrs Hastings back her freedom.
KAVANAGH: Members of the jury, I'll shortly be summing up the case and asking you to retire and consider your verdict.
I know I'm looking forward to a cup of tea.
And I'm sure there's refreshment there for you, if you'd like it.
(Knock on door) Excuse me, Your Honour.
A Lord Cranston wondered if he might see you? Yes.
Yes, show him in.
- Jimmy.
- Laurence.
Oh, er "Laurie" now.
It's more media friendly.
- And I prefer "James".
- Oh.
More Bar Association friendly.
- Sit down.
- Thanks.
I could er I could ask for another cup? No.
No, no.
I'm due at a drinks thing at Tate Modern.
(Sighs) Well, it must be er 20 years in the flesh.
I've read things, of course.
And er matter of fact, I saw your investiture on the box, didn't I? Some documentary about the Lords? Oh, that, yes.
Total tosh, but fun.
Those robes weigh a ton.
So, Laurie, you were on your way to your do, you happened to be passing Southwark Crown Coun I did know you were sitting.
You were very impressive.
If that's the word- Impressive in your rapport with the court-.
- Almost touchy-feely.
- Was I? That sounded flippant.
I'm sorry.
- How did you know I was sitting? - A friend in the LCD told me.
The Lord Chancellor's Department? It was suggested I might like to watch you at work.
You're a member of the government, not a civil servant.
The LCD? Is this an approach? Unofficial and informal.
Clearly, my friend would like to know whether or not you would be interested.
In becoming a judge? Would you? SARAH: The evidence against my client is entirely circumstantial.
He withdrew the £500 cash, not to pay a prostitute, but effectively to empty a joint bank account he owns with his wife whom he is divorcing.
He certainly made use of the facilities offered by the Mortimer Hotel - and enjoyed, I suggest, by many of its guests - including the adult film channel and the minibar.
He left the hotel at 6:30 on the evening of the murder, and did not return until 11:00, by which time the Defence does not deny he was extremely drunk.
So drunk, in fact, that later he could not find or identify the Soho bar where he had spent his time and money.
No-one saw Katya Zimanyi and Mr Hatton together.
No traces of DNA from Miss Zimanyi were found on his person, nor was his DNA found on her body.
The only thing that links Mr Hatton and Miss Zimanyi is the presence of her body in his hotel room.
How many people might have had keys to that room? Hotel staff, former guests.
What we have to ask ourselves is whether someone other than Mr Hatton could have killed Katya Zimanyi in room 365 of the Mortimer Hotel that evening.
- I didn't do it, Allie.
- I know.
- I know.
- I'm so very sorry, Harry.
But I'll start working towards an appeal as soon as possible.
(Sobs) I'll come and see you, Dad.
(Cell door is opened) - Right, where do we start? I have to go over the evidence, the court transcripts, and then I get down to writing my advice.
What about new evidence? Someone killed that woman.
- What about a private investigator? - You're talking serious expense, Alison.
I'd advise you to wait until I've seen if there are grounds for an appeal on what we have already-.
Dad can't wait.
He's going to prison No, I appreciate that.
But nevertheless, it There's nothing to stop me doing that while you do the desk work? - Well, no, but it would still - Thanks.
Then I will.
After everything you said to me, last time I was offered a red dressing gown? You talked me out of it.
Loneliness, isolation, being deprived of the very thing that makes us become barristers in the first place.
- Money? - Oh, don't pretend to cynicism with me, James.
You're the least cynical man I know.
I'm talking about "giving people a voice".
Isn't that what you called it? Yes, I did, yes.
- What's changed? - Well, I'm getting older, for a start.
So was I.
So am I.
And I'd have felt older a damn sight earlier if I'd finished my working life as a judge.
All your old colleagues, your friends, being jolly together at the end of the day, probably moaning about you, while you're stuck with other judges for company.
No more early mornings dashing off to courts in the back of beyond.
A nice, comfy chauffeured car to the judge's lodgings.
A full staff to do the donkey work.
Decent pension when you go.
Come on, James.
Those are silly reasons for a man like you.
Then what about having a view of the whole picture? Not just those little bits of it we want the jury to see, that we persuade them to concentrate on in the interests of our client, but the whole picture.
Having a view.
Expressing it.
Seeing where justice lies.
Ah, justice not law.
Perhaps it is time you left the Bar.
Now, who's being cynical? Not at all.
It's a perfectly proper and Honourable distinction, in my view.
But if you have reached that turning point I think I have, Peter.
I didn't realise it until this came out of the blue.
Then you must do it.
How far has it gone? Oh, I've had the phone call.
Now I have to write, letting my name go forward.
Could just be endless days of sending burglar after burglar to some dreadful prison where they learn to be better burglars, you know.
Or it could be something more complete.
I remember Laurie Cranston vaguely.
You used to wave banners with him, you and Mum, on those marches.
- He's a life peer now.
- Oh, him! Of course.
Armani under the ermine.
You've got him.
But a judge, Dad? I remember one of the few times you ever swore - at home, anyway- was over a judge who'd given you a hard time.
Did I? I was quite shocked.
What was the interview like? Did you have to sit a judging test? Latin and multiple choice questions on how to make people tremble? You've always had a streak of unbecoming levity.
See, you're sounding like one already.
- Tuppence to talk to me from now on- - Bargain-.
Cheaper than a barrister.
I'll have you know your old man will be a "Sir".
Sir James Kavanagh? Does that mean I'll be an "Honourable" or something? No, it doesn't.
What do you reckon, then, Kate? Brilliant.
- Morning, Tom.
- Morning.
- What's this? - Armed robbery.
From Caffrey's.
Six-hander for next month.
Just to let you know, I won't be needing your Mr Wright.
I'll do the bail hearing in the Spencer case tomorrow myself.
Right.
Thanks, miss.
By the way, sorry about Mr Hatton.
Are you all right, Sarah? You look tired.
Yeah, I am.
I couldn't pick your brains over lunch? I'm struggling to find some points of appeal.
My Treat? I'm sorry.
I've er got some serious thinking to do.
- Tomorrow? - I'll try.
- I'll call you.
- I'd really appreciate it, James.
Bye.
More front than Selfridges, that one.
She nicks a £300 bail hearing off of one of our juniors, now she wants your expert advice for the price of a spag bol.
Alison, how's your father? Yes, I'm working on it now.
Mr Yelland? Your investigator.
Um can you fax it? Only, I've a client due OK.
Well, I'll be here till 7100, 7:30.
I'll see you then.
- I'm here for Miss Swithen.
- Through there.
Thanks.
Sarah? (Engaged tone) (Dials) Emergency services.
Which service do you require? (Knock on door) Sn'? Ah, Tom.
Thank you.
Sit down.
Is this about your serious thinking, Mr Kavanagh? Yes.
Yeah I've er just been invited for an interview at the LCD.
You taking the job? Well, congratulations.
It's about time they offered you judge.
Well, don't look so happy for me, Tom.
Well, if it's what you want.
Any idea when? Well, the interviews this afternoon.
Then there's the Royal Assent.
It could be months.
Could be weeks.
I'll be very sorry to see you go, sir.
Plus it puts a certain someone in line for Head of Chambers.
Scary.
Oh, for God's sake.
Don't let Jeremy get wind of it.
Oh, no, no, don't worry.
I'll be on full prat alert.
(Phone rings) Yes? Yes, he is.
Tom Buckley.
Yeah, Mr Wright's still available.
Oh, I'm sorry to hear that-.
Right.
Miss Swithen can't do her bail hearing after all.
Hospital.
Collapsed under the weight of her own ego, I expect.
They're lovely, James.
Thank you.
You never told me you were diabetic.
Oh, it's just something I live with.
Thank you.
Well, you won't if you don't take care of yourself.
Aren't you supposed to eat regularly and keep your sugar levels up? I skipped lunch.
I was too busy.
- Well, suppose you'd gone into a coma? - I know! Still, I'll be out again in the morning.
And my mum's looking after Jack and Jessica, thank goodness.
Is there anything I can do? Free advice? The Hatton appeal? I was going to call you today.
- No, you weren't.
- I might have.
It was Mr Hatton's daughter who found me.
She's a doctor.
She probably saved my life, James.
I suppose your firm does keep half my Chambers in work.
Come and see me tomorrow.
Um Judge? Yes? Oh, thank you.
- Um it's - Aldermarten.
Jeremy Aldermarten.
- River Court Chambers.
- The very same.
You were a leader in that ghastly indecency case I tried.
- Those seven men? - Yes, I was, yes.
I mean, how the jury found them not guilty! The Defence was frighteningly poor.
I'd have strung up the beasts by their bits.
Quite.
Mind you, they'd probably have enjoyed it.
Um River Court Yes, I saw your Head of Chambers in deep hugger-mugger with your ex-Head of Chambers.
Ah'? Now, I think they were discussing High Court vacancies.
Really? Step up for you, Alderman, if Kavanagh took a job.
By the way, whatever happened to that charming Oriental woman, your junior in the indecency? My junior was Mr Trellick.
Ah.
So you were for the Defence.
KAVANAGH: Jeremy? Miss Swithen's here for her meeting.
I've parked her in your room.
Oh, thanks, Tom.
How did your little chat go with the LCD, sir? You'd better start clearing my diary.
- Sarah.
- Hi.
- How are you? Feeling better? - Yeah, much.
Thanks for visiting.
So, what do you think? Sorry.
I have been through it thoroughly and I can see no obvious points of appeal.
Well, I can do "obvious".
There's just no significant new evidence, Sarah.
Well, what about the private investigator's report? Yelland? He says that Jana Szobolski's disappeared off the face of the earth-.
- Katya Zimanyi's friend? - She said.
I think she was lying.
Katya wasn't a prostitute, which is central to the Prosecution's case.
Alison Hatton's been back to the hotel and watched two high-class escorts in the bar with their clients.
They took payment with a little credit card swipe they carry around.
- Katya didn't have anything like that on her.
- So she didn't take credit cards.
There was £300 cash in her handbag.
And a packet of condoms.
Her and half the women in W1.
You asked for advice, Sarah, and I'm telling you.
A trial witness going missing isn't enough for an appeal, however grateful you may feel to your client's daughter.
Thanks.
I'll tell her.
Tom.
Mr Aldermarten.
(Tom clears throat) Fish.
Good morning to you, Sarah.
(Knock on door) - Jeremy.
- I need to confide in you.
- Do you? - Yes.
The thing is, James To be very frank, there are these rumours flying about everywhere.
Oh, I'm sorry, Jeremy.
Not that old business No, no.
Not about me.
About you.
Becoming a judge.
Are there? Are you? Me? A Judge? You shouldn't listen to tittle-tattle.
But you would tell me, wouldn't you, James? As a close friend.
As a close friend? Of course I would, Jeremy.
(Phone rings) Kavanagh.
Hello, Laurie.
It's not really my sort of thing-.
- You know what you like? - I know what I don't like.
Careful.
That sounds a bit "crusty old judge".
It's not what we need at all.
We? Government clearly has a role in ensuring the judiciary is more in tune A duty.
I think you're being a little unfair.
Judges aren't all "Who are the Beatles?" any more.
(Laughs) Didn't you pinch that John Lennon single from me? Did I? Yeah, um Power To The People.
That's the one.
Do you want it back? No.
It's about perception.
Mmm? The job, James.
Judges should be seen to reflect the diversity of society.
You're not ethnic and you're not a woman but you're young-ish.
And you weren't born with a silver spoon.
I'll do my best to be perceived as diverse.
This appeal you're helping out on Hutton.
Hatton.
How did you know about that? - Politicians aren't the only ones who leak.
- Well, what about it? Don't get too involved, James.
I'm not involved.
I'm just trying to help someone out.
Don't help too much, that's all.
I beg your pardon? What the hell is it to do with you, Laurie? - Not to put too fine a point on it.
- Whoa! I'm talking as an old friend.
You don't want to end up speaking for a drunk who's topped a tan at this critical stage in your career.
These things get noticed.
- I'm not speaking for anyone.
- Good.
I spy a minister.
Were you Were you just trying to warn me off, Laurie? God, no.
I'm merely reflecting a deep concern felt in some quarters that getting mixed up in this Hatton thing might damage your prospects.
Excuse me.
Sarah.
It's James.
I just want to say, Mr Yelland, about your bill so far.
Can you possibly hang on for a couple more days? My bank's bridging me.
Yes, I know.
We always like to run a health check on our clients' finances.
- Bank details, though.
Dirty tricks? - Training and experience.
It's what you're paying for, Dr Hatton.
Now, one, Jana Szobolski.
Still no trace.
And my assessment is, has been disappeared.
Two, Katya Zimanyi.
Next of kin, Elek Zimanyi of Budapest, her uncle.
Now, um he came over to ID the body but didn't come back for your father's trial.
Is he worth talking to? Yes, if he says Katya wasn't a prostitute.
If he knows.
Um l'd have to go over to see him.
Do it, then.
Sarah? Yes.
Oh, and three, I won't be leading the appeal if we get one.
Oh.
I've found a silk.
Pleased to meet you, Mr Hatton.
James Kavanagh.
I can't afford you.
I'm acting pro bone, for free, until the appeal.
You don't have to pay me anything yet.
We might even get the state to fork out if we win.
How are you getting on in here? You read about prison, don't you? All that holiday camp crap they spout.
I used to swallow it myself.
- Well, it's not one.
- No.
I won't last.
We'll do our best to make sure you don't have to.
What do you remember about the day of the murder? Near bugger all, to tell the truth.
I'd had the wife, ex-wife, on the phone at least half a dozen times since I checked into the hotel.
On and on about money all the time and the divorce.
And I was trying to drink my troubles away.
It's my opinion the possibility that others might have entered your room after you left it at 6:30 was not fully explored by Mr Cadogan.
That hotel manager said it was impossible.
He would, wouldn't he? It's something we'll investigate.
But if Miss Zimanyi could have been in your room with someone else, it would raise a very big question mark.
The client, you mean? We don't even know she was a prostitute.
I think we'd better assume she was for the moment.
I don't give a monkey's how she turned a penny.
All I know is, I never saw her.
It's only Jana Szobolski's evidence that said she was a prostitute.
What did the police find in Katya's flat? Zilch.
Her passport, a few clothes.
And she paid her rent in cash.
James, why did you change your mind? Someone's deep concern.
(Mobile rings) Sarah Swithen.
Yes, Mr Yelland? - He's at Heathrow.
Just got back.
With you? - Yeah.
YELLAND: Katya Zimanyi.
Budapest Technical University, Computer Science.
She graduated two and a half years ago, since when she's been travelling the world on business, according to her uncle.
SARAH: What's he like? YELLAND: Well, he's a teacher, or was until he had to retire early.
Heart condition.
Katya, by the way, was doing well enough to pay for his private medical care among other things.
Since she died, he's finding it hard to manage.
But he scrapes by giving private English lessons.
I thought so.
The police's note on Katya's possessions.
Passport, Republic of Hungary.
One UK entry stamp, page two.
No other stamps or visas.
Does her uncle know who she was working for? Yes, the same company she joined after she graduated and first came to London, ServControl Limited.
- Well, can you check them out? - I did.
They don't exist.
Never have.
Perhaps her uncle got their name wrong? Perhaps.
Well, she must have friends from university she stayed in touch with.
Yeah, there's a list of student names.
No addresses.
But there's this, though.
This student newspaper.
Now, this is an advertisement placed by a London-based IT recruitment agency.
Eastern Europeans come very clever and very cheap.
I'll go and see them.
And I'll try the Mortimer Hotel, to find out who else was staying there that night, if they'll tell me.
Um l could get that information for you if you want.
You do work within the law, Mr Yelland? So do you, Mr Kavanagh.
- Thank you very much.
- You're welcome.
Have a nice stay.
(Knock on door) - Come in.
- What do you think? - It's a hat.
I'm never really sure about hats for younger men.
On the other hand, it is a very smart garden party.
I am busy, Jeremy.
Well, to be honest, it's not really about the hat as such.
It's more about who I take with me.
I wonder Do you know if Sarah Swithen is attached or whatever? She's widowed.
Oh, dear.
Do you think she'd like a day in the country? Very possibly, Jeremy.
I'm sure her kids would.
On the other hand, it's not really a kids sort of thing-.
As you're here, Jeremy We're against each other soon.
Miss Swithen has instructed me in the Hatton appeal.
Oh.
Ah! So you are available, then? Very much so.
I look forward to it.
Your robes are ready for a fitting.
So, it's really happening, isn't it, sir? But you would have that information, Miss Ali? Well, yes, but I really should wait until Mr Allen gets back.
This concerns an appeal in a murder case.
It's very important.
And urgent.
Please.
Katya Zimanyi.
Yep.
We sent her to Mr Bayliss two years ago.
- And which company's that? - Simon's freelance.
A consultant.
- Computers? - That's all we do.
And where would I contact him? I've got a mobile number for him-.
(sawing) Mr Bayliss? You must be Miss Swithen.
Yes.
Thank you for sparing time to see me, Mr Bayliss.
Not at all.
Do you like her? She's beautiful.
An expensive hobby, I would imagine? (Laughs) Very.
So, you mentioned something about Katya on the phone? I'm representing the man who's been convicted of her murder.
In his appeal.
Dreadful business.
I read about it.
- I understand she worked for you? - You understand wrong, I'm afraid.
I wanted her to, mind you, having interviewed her.
Brilliant and beautiful.
But She turned me down, said she'd found something that paid better.
Do you know who with? My impression was that she was going to work for herself.
As what, I've no idea.
(Knock on door) YELLAND: Come in.
I turn down your bed, sir? Thank you.
Miss Alvarez? - Yes.
- Anna.
Weren't you working on this floor on 11th April? The day before your colleague, Miss Comacho, found the body of the girl in room 365? You're from the police? Why? Would that be a big problem for you, Anna? Now, I just want to know if you remember seeing the man in room 377 along the corridor? You're not the police? I'm not from Immigration, if that might be worrying you-.
Now, all you'd have to do is tell me what he looked like and I'd write it down for you to sign.
I don't suppose you get many tips, do you, Anna? The hotel computer shows room 377, which is the room along the corridor from your father, as having been empty the whole week.
But if you look at outside services billed to the room, you'll find that a Mr Alan Rainer of room 377 ordered a car and a driver from Magnum Cars for three days from the day before the murder.
Now, Magnum are reluctant to give details of their clients, but I'm working on it-.
Before you go on, Mr Yelland, I'm obliged to say something.
Obliged? Oh.
You've hacked into a private computer system.
You're laying yourself open to a potential prosecution.
Yes, I always tell clients to focus on my results, not my methods.
Dr Hatton is a client.
Yeah, well, I'm sure Mr Yelland appreciates your advice.
I won't mislead the court or the Crown about how this evidence was obtained, Mr Yelland.
Understood.
Now, the chambermaid who was off sick on the day of the murder, Anna Alvarez, can give evidence that she saw a male guest in room 377 on the day before.
He may have been with a woman, but she can't be sure.
It could be just a computer error, surely.
It's possible.
Say, if the reservation had never been entered in the first place.
Or it may have been deleted.
You won't find any trace of my stay on their system.
Anything more on Katya Zimanyi? The Home Office have confirmed that they didn't issue her with a work permit.
She must have come in as a tourist.
And what Bayliss, the computer consultant, could tell me, which was nothing.
(Pager bleeps) - Sorry.
Would that be Simon Bayliss, by any chance? - I'm on call.
- Maggie can give you a lift back.
- She's due back, anyway.
- Of course I can.
- You'll call me, Sarah? - Yep.
What about Simon Bayliss? Six foot, greyish hair, mid 40s? Yes.
He wanted to give Katya a job.
Why? Well, we served together.
His computer expertise was at least equal to mine [but.]
never thought he'd leave the army.
Certainly not for a desk job.
Action man, Bayliss.
What were you in, Mr Yelland? Intelligence Corps, something like that? Something like that, yeah.
Could Bayliss be working for the state? I'd assess that as highly probable, I'm afraid.
Until we know otherwise, I suggest none of us takes for granted that our progress on this case is confidential.
James? This is starting to look something more than a simple miscarriage of justice.
Rainer? Hatton's appeal team are onto you.
I'll try and pre-empt.
Perhaps you should make a statement.
Oh, yes, you will! If it's thought appropriate.
I'll seek advice on exactly what you should say.
FOXCOTT: The secret state.
Don't I remember the government telling us all that was going to be more open now? - More accountable? - You must have imagined it, Peter.
(Laughs) I must have.
What are you going to do? Proceed with caution.
Good.
But proceed? Definitely.
(Sighs) Something else on your mind, old friend? Taking the job, Peter.
I'm not sure I want to make people tremble.
(Laughs) You, James? I've watched you sitting as Recorder.
They eat out of your hand.
You're hardly Judge Jeffreys But it's still talking at people.
I'm worried I might miss speaking for them.
Eleanor's sick visiting this evening, so I propose oven on for a couple of these fellows-.
I'm sure there's some almonds in the larder.
One of my better Chablis.
And then a nightcap in the Woodman's.
Seconded.
"Phone for the fish knives, Norman.
" (Laughs) What? - Don't you know it? - No.
"Phone for the fish knives, Norman, as Cook is a little unnerved.
You kiddies have crumpled the serviettes and I must have things daintily served.
" (Both laugh) Visitors? This is a copy of the Magnum Cars hire agreement with Alan Rainer of room 377.
He paid by credit card.
Well, I found the driver, Christopher Parkes, who says he dropped Rainer off at the hotel about 6:20.
Rainer told him to wait, said he'd be back in an hour.
Just after 6:30, Rainer came out of the hotel, followed by a man who persuaded him forcefully to go back in.
Did he come out again? No, he called Parkes, the driver, at 7:15.
Cancelled the rest of the booking.
What about the man who took Rainer back in? Well, the way Parkes described him, it could have been Simon Bayliss.
Mr Yelland's confirmed what we hoped he wouldn't, - Bayliss's connection with the security services.
- I called in a very big favour.
Bayliss ran alongsiders with great success in Northern Ireland.
In English, Mr Yelland.
Oh, sorry.
Alongsiders are people who are subcontracted by the security services whose names never appear on the payroll, but who work, well - Alongside them.
- Yeah.
It's totally deniable if their cover's blown.
My source suggests that Bayliss is now himself an alongsider, recruiting others.
Like Katya, possibly? We know she met him at the computer employment agency.
- But why she'd want to get involved with this - Maybe she was working off a debt to Bayliss.
Suppose he'd lent her the money to pay for her uncle 's medical treatment? Just the almonds and the butter at the last moment and then we can eat.
- Gorgeous.
- Peter, this really is above and beyond of you.
- Yes, thank you, Mr Foxcott.
- Sorry about the invasion.
It's just something that's very important to you.
Don't mention it, Miss Swithen.
It's the most interesting Saturday night I've had for a long time.
Go back to Alan Rainer.
Does anything connect him to Katya, apart from the fact he was in the same hotel? Yes um Computers.
He's Chief Executive of Pro-ldenticode Limited.
They're based in Birmingham, specialists in state-of-the-art data encryption.
Big Players.
I've obviously got some catching up to do.
Well, data encryption programs are Programs which turn data into uncrackable code, which can only be unlocked by others with the right key.
The government hates it.
It can put information beyond their surveillance.
- Yes.
Sorry.
(Foxcott laughs) Do you mind if we eat round the television? Well, that's Rainer.
Thank you.
And that's where the waiter caught my briefcase.
So, what kind of business are you in? YELLAND: Er bookmaking.
Over the internet We turned over £40 million in our first six months.
And you keep the money offshore? YELLAND: Well, that's the general idea.
But it would be better for our punters if we could keep the whole thing private and give us an edge on the competition.
I'm with you.
Well, we can do that Basically, all you do is buy a software system from us and no-one's going to know what's going on.
Each of your punters gets their own key and none of those transactions can be seen by anyone.
(Mobile rings) - I'm sorry.
YELLAND: How does that work, then? You still have to get through the UK phone system.
What you've got to remember is that in the UK, none of your regular e-mail traffic is really secure.
Now, with our system, you just dial direct to our servers in Hungary.
Low-cost calls, all encrypted.
All bypassing the boys in black.
YELLAND: No police, no no security services, nothing? It's the only system guaranteed secure.
YELLAND: How much does it cost? £850,000.
Well, the Centre of Pro-ldenticode's operation is in Budapest.
Our security services are extremely keen to infiltrate them.
Using Katya.
Well, if the chambermaid's right about a woman staying in Rainer's hotel room, perhaps Katya was engaged on intimate surveillance? As his girlfriend? That was Alan Rainer's solicitor.
He understands my firm's representing Mr Hatton in his appeal and his client would like to offer us a statement.
SARAH: "I sometimes use the Mortimer Hotel, London, W1, to rendezvous with business clients.
But I have never stayed in a room there, although I have, on occasions, falsely implied so, in my dealings with Magnum Cars.
I did this in order to benefit from the discount they offer to hotel customers.
" - We've got him, James.
- Have we? Haven't we? The chambermaid can place Rainer as a resident in the hotel the day before Katya was murdered.
The chambermaid's statement isn't enough by itself.
We'd need Rainer in the box under cross-examination.
If we ll him, all he'll do is stick to this statement-.
We can't cross-examine our own witness.
And Jeremy's got no reason to call him.
Can't you ask the court to call him? Well, yes, but I'd have to give them some idea why I didn't want to.
And we'd show too much of our hand to Jeremy.
Who killed her, James? - Rainer? - In Hatton's room? - Bayliss? - It's irrelevant.
We're not trying to get a conviction, just overturn one.
(Knock on door) Er excuse me.
Urgent, sir.
(Vet')?- Can you get hold of er Mr Hodgskin? I'd like to go and see him as soon as possible.
Right, sir.
You might as well know, Sarah, the Sovereign has graciously approved my appointment to the High Court bench.
- This is from the Lord Chancellor's Department.
- Congratulations.
When? There's a rape at the Bailey starting Thursday.
Mr Justice Frainer collapsed at the weekend.
Thursday? - What about the appeal? (Phone rings) Yes? TOM: Er Mr Hodgskin's at the House of Lords today, sir.
- He can give you ten minutes.
- Can he? Sir.
- Mr Kavanagh.
- Mr Hodgskin.
I appreciate your seeing me at short notice.
A pleasure.
What is it? I am currently preparing an appeal, which starts the day after tomorrow.
Yes.
It's a case I believe to be more than usually important, for me and for justice.
Yes? I realise that in the normal run of things No.
I'm sorry? I have the most dreadful suspicion you're asking for your appointment to be delayed? The answer's no.
The Lord Chancellor expects to swear you in tomorrow at 3:00.
His call trumps everything.
- I know that - Mr Kavanagh, you either accept your appointment now or relinquish all possibility of it being asked again.
I strongly advise you to accept.
Thank you.
You fixed it, didn't you? - I'm sorry, James? - To stop me doing the Hatton appeal.
Fixed what? My sudden and urgent call to the Bench.
A call I can't refuse.
The timing of your appointment has nothing to do with me.
- It's the Lord Chancellor's Department.
- You have heard, then? It was mentioned, yeah.
I was going to send you a rather fine wine and a card.
What's happened to you? How can you be part of a government that is prepared to let an innocent man stay in prison to cover up some cloak-and-dagger disaster? A cover-up? Oh, come on, Jimmy.
That sort of thing just does not happen.
Doesn't it? I think your memory's addled.
Too long in the corridors of power.
Matrix Churchill ring any bells, does it? Three British businessmen almost getting sent down so the government could keep its hands clean of illegal arms deals? That was not us.
Things are different now.
Anyway, if you don't do this appeal, someone else will.
Oh, I'm doing it.
I'm doing it, Laurence.
I've never been against Jeremy in an appeal.
Though we once appeared in the same one, a double murder, representing different clients.
- And what happened? - He won for his.
Mine's still doing life.
(Door opens) - Good morning, Mr Hatton.
- Harry.
- I've been practising.
- Sorry? Like they do on the news, when they walk out front, free, innocent.
Yeah! You will do it, won't you? - Thank you, James.
- What for? For staying one of us.
Tell me about them.
KAVANAGH: Mr Justice Moisson, good listener and not much else.
Lady Justice Pinnock, the ice maiden.
And Her Honour Judge Hanover, new to the Court of Appeal, and I gather not unkind.
Mr Kavanagh.
Mr Aldermarten.
We have read your grounds of appeal, Mr Kavanagh.
Your case seems to be that Miss Zimanyi was murdered by a third party.
That seems the most likely explanation, my lady.
And you contend this on the evidence of these witness statements? We infer it, my lady, from the cumulative effect of the new circumstantial evidence we have discovered.
How were these witnesses found, Mr Kavanagh, who were not produced at the trial? Your Ladyship will understand the difficulties faced when the police have closed their files.
A private investigator was engaged.
You seem to be implicating a Mr Rainer.
Will you be calling him? No decision has been reached at this stage, my lady.
His statement doesn't help you, does it? With respect, my lady, one would hardly expect it to.
You have quite a mountain to climb, haven't you? Perhaps if I were to take the first step, my lady? KAVANAGH: On Friday, 12th April, this year, the day Katya Zimanyi was murdered, were you at your work as a chambermaid in the Mortimer Hotel? No, I was sick.
Were you working the previous day, Miss Alvarez, the Thursday? Yes.
Was room 377 one of those you attended to on that day? Yes.
According to the hotel guest list, room 377 was unoccupied for the whole of that week-.
Was "It, in fact, empty that morning? No.
I went into the room and I saw a man.
Was this the man? Number three in your bundles, my lady.
ALVAREZ: I think so.
Did you notice anything about the room? A briefcase.
It was on the bed.
Was this man alone in the room? I heard the shower and I smell perfume.
Possibly a woman was there.
- But you didn't see a woman? - No.
I have no further questions.
Thank you, Miss Alvarez.
Miss Alvarez.
Why were you off sick on 12th April? I had anxiety.
I couldn't sleep.
- I had to go to the doctor.
- This was a psychological condition? ALVAREZ: It was a very difficult time for me.
I had some problems with my work permit.
Do continue, Mr Aldermarten.
I'm obliged to Your Ladyship.
Does your illness mean that you find it hard to cope with stressful situations? Well, this is natural, I think.
When you were approached by the private investigator, Mr Yelland, and he asked you about the morning of 11th April, did you find that stressful? - A little, yes.
- But you were happy to help? Yes.
Were you offered an inducement to give this evidence? I'm sorry, I don't understand.
Did anyone give you money, Miss Alvarez, in return for your statement? Well, not like that.
What do you mean? They did or they didn't? Mr Yelland gave me a tip.
How much was this tip? £50.
I beg your pardon? I'm not sure the court heard the answer.
How much did Mr Yelland tip a chambermaid who had serviced his room for the stay of a single night? £50.
Thank you, Miss Alvarez.
Re-examination, Mr Kavanagh? No, my lady.
You may leave the witness box.
What do you say this witness proves, Mr Kavanagh? That er contrary to what the hotel computer records produced by the Crown at the trial say, there was, indeed, a guest in room 377, just along the corridor from the room in which Miss Zimanyi's body was found.
One presumes that a hotel computer is as prone to mistakes as any other, does one not? And just as prone to manipulation, my lady.
Are you alleging manipulation? I merely say it is not impossible.
Yes, well, do carry on, Mr Kavanagh.
I call Mr Christopher Parkes.
Mr Rainer booked me and the car for three days.
Thursday 11th until Saturday 13th.
Through his hotel, the Mortimer.
Do you remember your movements on the second day, the 12th? I ran him around to a few meetings during the day, then dropped him off at the hotel.
6:20-ish.
He said he'd be out again at 7:15.
One moment, Mr Kavanagh.
Remind me, at what time did the murder take place? Miss Zimanyi was seen alive just before 6:30, and her body was found two hours later.
The pathologist's report stated that death had occurred towards the beginning of that two-hour window-.
Thank you.
When did you next see Mr Rainer again, after he went into the hotel? Less than 15 minutes later, soon after 6:30, coming out again.
- Did he see you? - No.
This bloke came after him and caught him up.
There seemed to be a bit of an argument, then they went back in.
What happened at 7:15 when Mr Rainer had said he'd need you again? He called me and cancelled the rest of the booking.
Thank you, Mr Parkes.
Er Mr Parkes, did you ever accompany Mr Rainer to his room in the Mortimer Hotel? - No.
- No.
Did you ever fetch or carry anything to or from his room? No.
So all that backs up your claim that he was staying at the Mortimer Hotel is that Magnum Cars booking form? I suppose so, yes.
Thank you, Mr Parkes.
It's all about Rainer and he's the one person we can't get in the witness box.
Courage, mes enfants.
I didn't know you were a linguist, Jeremy.
Sour grapes never suited fair lady.
Katya's uncle.
Will you excuse us, Jeremy? I'll come and meet him in a minute, if you don't mind.
Yeah, fine.
Chocolate, that's usually the best bet from these things-.
I'm sorry, I didn't mean to snap.
- No, not at all.
- It's just well, you know.
Well, there's still a little way to go.
This may not be the moment, but I I do admire your advocacy.
Thank you, Sarah.
Why is that? You go in for the kill.
You never leave the cake un-iced.
Lady Justice Pinnock obviously recognises that Hermione.
Yes, isn't she wonderful? I was her junior once.
The firm smack of a first-class mind.
She was a wonderful student.
Second in her year.
I'm right that you brought her up, Mr Zimanyi? Yes.
Since her father and mother died, 15 years before ago, in a car crash.
What son of person was she? She was a very dear girl.
She was "szemem fénye," we say.
"The light of my eye.
" "The apple of my eye" is the same.
Did she help you financially? I understand you have health problems.
She paid for a private operation.
A pacemaker for my heart.
And many other things.
She was very generous to me.
Not just with money, you know.
(Sighs deeply) But with with her spirit.
Would you like to sit down, Mr Zimanyi? - OK.
- Yes.
Thank you, my lady.
When Katya came to England, how often did you communicate with her? At first, she wrote every week.
Then every two.
Then er now and then.
Why did she write less? She was busy with her work.
Computers.
Writing the programs.
She had to travel very often, all over the world.
Er Japan, Australia, South America.
I was very proud.
I'm sure you were, Mr Zimanyi.
Did your niece say who she was working for? Yes.
Her company, ServControl.
You will see, my lady, in the bundles, the result of a company search.
ServControl Limited does not exist.
I now have to ask you something unpleasant, Mr Zimanyi.
I know.
You have become aware, haven't you, that Katya was alleged, at the trial of the man convicted of her murder, Mr Hatton, to have been working as a prostitute.
Yes.
I tell this court now, all of you that such a thing, it's not true.
I knew her.
I loved her.
It is untrue.
That is the final word I say about it.
What do you say Miss Zimanyi was doing? My lady, it is a matter of inferring from surrounding circumstances.
Miss Zimanyi was intellectually gifted.
She came to London, was obviously earning a living, although there is no record of her having a work permit.
She clearly travelled internationally.
That is not uncommon, surely, for a prostitute in the upper reaches of that profession? In her passport, which the police found in her flat, there were no foreign entry stamps.
It is just as much to be inferred that she was working for, say, a covert organisation.
A Coven organisation? Do you have any proof of that assertion? With respect, my lady, it is not an assertion but an inference-.
I don't believe the security services and their sub-contractors issue membership cards.
I've no doubt your niece was a computer science graduate who came to this country 20 months before her death.
But you've no idea what she was doing here, have you? She told me, yeah.
She told you.
You've only her word for it.
Katya would not lie to me would would not have lied.
Because she had so much respect for you? You brought her up? Because she loved you? I hope to think so, yeah.
In that case, Mr Zimanyi, would she have told you if she had been working as a prostitute? Please answer my question.
I said my final word.
(Murmuring) Mr Zimanyi, stay where you are.
- I've finished the cross-examination, my lady.
- Mr Zimanyi.
(Shocked whispering) We say that each of the witnesses you have heard adds only small pieces to a much bigger and mysterious picture.
Mr Kavanagh, we are not interested in entering a world of fantastical speculation.
This court can only proceed on the basis of credible evidence.
Indeed, my lady, but we say this bigger picture shows that, with her background, Katya Zimanyi had more reason to be in the Mortimer Hotel to see Mr Rainer than to see the appellant, Mr Hatton.
Tomorrow at 10:30, when we will hear closing argument.
We're going to lose, aren't we? All because you didn't get to cross-examine this Rainer.
I'm afraid that just wasn't possible.
If Mr Aldermarten had called him, as I explained, it would have been a different matter.
They sit up there like gods, those judges, playing games with my father's life like it's some extra-difficult crossword that's spoiling their breakfast.
Well, I'm sure we'll get a fair hearing.
And we still have an arguable case in law.
I don't want a fair hearing.
I want my father back.
Do you fancy a pint, or whatever you drink? Er thanks.
Um no, James.
I'll see you tomorrow.
Well, you certainly iced Mr Zimanyi's cake.
Yes, it was rather horrible, wasn't it? It shook me up, rather.
You were good, though.
How are the little ones? They're with Grandpa Ian and Granny Pat this week.
Dr Hatton? I think I'm losing hope.
- Signorina Swithen.
Buona sera.
- Buona sera.
La offro quel bel tavolo li.
Va bene? Perfetto.
- Come state tutti? - Tiriamo avanti.
Shall I take your hat, sir? Si.
Grazie.
OK.
I bought it for a garden party, the hat.
I do like it, rather.
Quietly sophisticated, Jeremy.
Scappatamente sofisticato, Geremia.
You're getting slow, Simon.
But that's what I mean about you, Jeremy.
I could never stand for Parliament.
Well, I didn't actually stand.
I tried for adoption, sought adoption.
But for both major parties.
Such determination.
Yes, I still I still sometimes think of trying again.
As an Independent-.
You never leave things unfinished, do you? I so admire that quality.
That and your independence.
- Dolce.
- Grazie.
Prego.
Two questions, Mark.
What makes you think I can give you Rainer? I don't, but I know you know who can.
And why should I? Or rather, why should they? Because a young woman wants her dad back.
You bastard.
I thought you were serious.
Why should they give you Rainer? Because if they don't, Simon, all those banks, all those companies, all those criminal front organisations whose secrets they want to earwig, all sleeping soundly at the moment, thanks to their faith in Pro-ldenticode's encryption software, all those people will soon wake up in a cold sweat.
You'd tell Rainer's customers? Yeah, I wouldn't tell them how Rainer blackmailed into co-operation when he found his girlfriend wasn't what she seemed and killed her.
But I would tell them, yeah.
Warn them that their faith in Rainer's software was now misplaced.
That for keeping their secrets secret, they'd be better off with a My First Walkie-Talkie set.
You'd be placing yourself at very serious risk if you did, Mark.
I don't think I'm going to have to, do you? - I was saying about my father - Mmm.
He was remote.
Disapproving.
Never thought you followed things through.
Is that how it is with you, Jeremy? How well you understand me.
That's That's remarkable.
Mascarpone, Jeremy.
Do you really? How How would that translate? Mascarpone cheese.
At your elbow.
Ah.
Just that little bit extra.
The icing on the cake.
(Taxi door opens) There's Rainer now.
Is this anything to do with last night? And Jeremy? Oh, we didn't discuss the appeal.
Food, mostly.
KAVANAGH: Why did Jeremy call him? Well, I was quite clever, I think.
SARAH: Looks like he's come straight from the airport.
Where's Mr Zimanyi staying? He's in a hotel off Russell Square.
Why? Send a taxi for him and tell him to bring those postcards.
You must have your reasons, Jeremy.
I'm not complaining.
Speaking as a close friend, James, I think you sometimes underestimate my self-confidence.
I can top the pudding, you know.
Your instructions have changed, haven't they? Mustn't keep Hermione waiting.
Thank you, Mr Zimanyi.
If you think they can help.
I hope so.
(Clears throat) Are you ready to make closing submissions, Mr Kavanagh? My lady, before my learned friend addresses the court, there is one further witness the Crown proposes to call.
Is there? If My Ladyship pleases, and with the greatest respect to the court, the appeal process can sometimes seem incomplete, like a cake without its icing.
In the further interests of justice, and so the appellant and his family can rest assured the Crown has nothing to hide, we propose to call Mr Alan Rainer.
(Whispering) My lady, before my learned friend calls his witness, I ask for these three postcards to be exhibited.
They may assist the court.
Seven, eight and nine.
That's Bayliss.
I see.
Oh, and remind me to tell you how clever I've been.
Now, Mr Aldermarten.
ALDERMARTEN: And you are the chief executive of Pro-! dent%code Limited? Yes.
Mr Rainer, were you staying at the Mortimer Hotel on 11th or 12th April this year? No.
Were you present at the hotel on either of those days? Yes, I had some business meetings there.
Where were you between 6:30 and 7pm on Friday, April 12th? In the cocktail bar for a meeting with a customer, but he didn't turn up.
We have heard evidence that you hired a car, and driver, from Magnum Cars and that their booking records you as being resident at the hotel.
- Now, how do you explain this? - Hotel residents get a discount from Magnum.
I use the Mortimer quite often, so I got one of the girls on reception to arrange the car.
I made up a room number for her so I'd get something off.
I I shouldn't have, but Well ALDERMARTEN: ErMr Rainer, did you ever know a young Hungarian woman, Katya Zimanyi? No.
We have a photograph.
Please show the witness number four.
ALDERMARTEN: Just to be sure.
No.
Doesn't mean a thing.
You're absolutely certain? Yes.
Thank you, Mr Rainer.
Mr Rainer you lied in order to benefit from a car hire discount.
Well, hardly a hanging offence.
Did you lie? Yes.
KAVANAGH: You lied in order to obtain a discount for your company of 5%.
Say, £20, £25 on a three-day hiring? Something like that.
What is the annual turnover of your company? I have last year's annual report if your memory needs refreshing-.
In the region of 400.
£400 million? Yes.
(Murmuring) I'm right, am I, that Pro-ldenticode specialises in the design of data encryption software? Yes.
Software which enables your customers to preserve the secrecy of their electronic communications? Yes.
KAVANAGH: And as an extra guarantee of security, they send their messages through an internet service provider that you've set up outside the UK.
They dial a number in Where is it, Mr Rainer? In Budapest.
Hungary.
Yes.
I imagine this software is worth a great deal? Yes.
Hundreds of thousands of pounds? Millions, perhaps, to some customers? Well, that's commercially sensitive.
But you'd agree this software is extremely valuable? Pretty obviously.
Indeed.
Obviously.
This customer you were waiting for in the cocktail bar of the Mortimer Hotel, about the time Katya Zimanyi was murdered, were you due to hand over this extremely valuable software to him? That's confidential.
But if you were, wouldn't it be pretty obviously better to book a room in the hotel? Not have a commercially-sensitive meeting in its bar.
Possibly.
Mr Parkes, your driver, has told the court that he saw you leave the hotel soon after 6:30 and then go back in again immediately, with a man who'd followed you out.
Is that correct? I had a splitting headache.
I thought I'd take a little walk around the block to get some fresh air.
Then some chap caught me up and told me I'd left a folder in the bar.
Why didn't you just look in your briefcase and check? I I don't know.
Was he right, this chap? No, I I hadn't left anything.
So, once you'd made sure of that, you came back out, did you, and finished your little walk? No, I stayed in the bar.
What about your splitting headache? Well, I'd taken some painkillers and I suppose they'd started to work.
Katya was a beautiful girl, wasn't she? (Vet')?- If the photograph is anything to go by-.
Was she your girlfriend, Mr Rainer? Or someone you thought was your girlfriend? I didn't know her.
KAVANAGH: Would you look at these postcards, please? Exhibits seven, eight and nine, my lady.
Where is this taking us, Mr Kavanagh? These cards were sent by Katya Zimanyi to her uncle last year, my lady.
Where are they from? What? Just tell the court where those cards are from, please.
Sydney.
Tokyo.
8530 Paulo.
Pro-ldenticode has links with companies in those three cities, doesn't it? I imagine you travel to them very often.
Not for at least two years.
So if I were to look in your passport, there would be no entry stamps for those three places dated within the last two years? No.
Have you just returned from abroad? Geneva, this morning.
I came here straight from the airport.
Might I look at your passport, Mr Rainer? Why are you hesitating, Mr Rainer? Is it because it would show you were in the same places Katya Zimanyi sent those postcards from at the same time? No.
You admit you were in the same place at the same time as her on the evening of her murder? - Mr Kavanagh - At the Mortimer Hotel? Did you, perhaps, go back to the room you'd booked, to call your missing client and find out where he'd got to, but instead found Katya Zimanyi stealing your valuable software? No.
PINNOCK: We are not a jury, Mr Kavanagh.
KAVANAGH: Do I have to make an application to the court for your passport, Mr Rainer? Or are you willing to take it out of your pocket now and show me? (Whispers) Well? Yes, Mr Aldermarten? My lady, I am instructed that the Crown, as respondent, no longer opposes the appeal.
(Whispering) The appeal is allowed.
Your conviction is quashed, Mr Hatton.
You are free to go.
- We will give our full judgment at a later date.
- (Excited murmuring) CLERK: All rise.
Over there, over there! - Hatton's free.
They're coming out.
- Back, please.
I've not got the strength left to be angry.
Wish I bloody had.
Mr Aldermarten had rm alternative-.
He couldn't risk Rainer's connection with the security services coming out.
What'll happen to him? Rainer? Well, he was Katya's lover and he did have a room in the hotel, but that's not enough evidence for a murder charge.
JOURNALISTS: Mr Rainer? Mr Rainer? ALISON: But it's obvious he did it.
Where 's justice? KAVANAGH: Wearing her blindfold, Dr Hatton.
SARAH: So Rainer gets away with "It.
They all do.
HATTON: Thank you.
Mr Hatton.
- Dr Hatton.
- Good luck.
Bayliss had Rainer's room under surveillance.
Offered to get him off the hook.
Let Katya's body be found in a different room, made sure her hair fibres were spread around and so on.
Let someone else take the blame.
Who happened to be poor Mr Hatton.
Mr Foxcott.
I just thought the Head of Chambers might like to know there's a prat in a hat on the horizon.
I'll let him know, Tom.
(Door opens) Peter.
Jeremy.
Commiserations, Jeremy.
I think of it as a victory for justice, not as a defeat for me.
SARAH: You do? ALDERMARTEN: Yes.
Right has prevailed.
Your client was clearly innocent.
Oh, you spotted that.
Someone was obviously trying to muddy the waters right from the off.
You know, to me it was as clear as - Mud, Jeremy? - Exactly, Peter.
Still, congratulations, James.
You won.
Balls, Jeremy! We none of us won.