Episode 4 Apple Tree Yard


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Transcript


LineFromTo

-I wish I could make you feel safe.

-Can't you warn him off for me?

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-Drive.

-What happened?

-Go, go!

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Trust me. Everything's going to be OK.

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I'll see you in Apple Tree Yard.

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Were you there when Mark Costley

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beat and kicked George Selway to death, Yvonne?

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I just don't get why you went to him.

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Costley's effectively pleading guilty to manslaughter.

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If they accept Costley's plea,

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they still can come after you for murder.

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That you have brought into your mess!

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You deserve everything you get!

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The first defendant, Mark Liam Costley,

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claimed that he is not responsible for the killing of George Selway

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because he has a personality disorder.

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What are "special measures"?

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Yes, that's the witness that needs to retain anonymity.

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-The MI5 man, yes?

-Yeah.

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I'm asking if you were happy enough with Mark Costley's mental state?

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It was purely for me to turn him down

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as an unsuitable candidate for the security services.

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This programme contains some strong language and scenes which some viewers may find disturbing.

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YVONNE: Who are you really?

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You may not be a spook, Mark Costley...

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..but one thing's clear...

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-MARK:

-You're beautiful.

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..you're in love with secrets.

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Life's mysterious...

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Maybe that's all we shared, you and I...

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Trust me.

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..a secret.

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A secret we have to keep.

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CLOCK TICKS RAPIDLY

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Sergeant Johns, the man we have in the dock here, Mr Costley,

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-do you know him?

-Yes, I worked with him

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throughout my time at the Crown Estate.

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-On a daily basis?

-That's correct.

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Would you mind describing to the court

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Mark Costley's responsibilities as a security advisor,

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so far as you understand them?

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Certainly.

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It was his job to ensure compliance, health and safety,

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any arrangements for special events,

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checking the duty log,

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supervising shifts for the CCTV monitoring crews,

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that sort of thing.

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And was Mr Costley good at his job?

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Yes, he was, on the whole. He was very reliable.

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Efficient.

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During the time you worked with him, until he was arrested,

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did your colleague display any behaviour

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that led to concerns that he might be unstable psychologically?

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No. He did everything that was required of him.

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-He was just...normal.

-Normal?

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To talk to, the way he acted.

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Were you aware of any change

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in what you describe as Mark Costley's "normal" behaviour

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in the days before the killing of George Selway

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on March the 12th of this year?

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I can't remember any change at all.

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-He seemed...how he always did.

-What about prior to that?

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In November of the previous year,

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when Yvonne Carmichael told him she'd been raped,

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did you observe any change

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-in your colleague Mark Costley's behaviour at that time?

-No.

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I don't remember any change whatsoever.

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He was just Mark.

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Sergeant Johns, you've told the court

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that you saw no change in Mark Costley's behaviour

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-in November of last year. Is that correct?

-Yes.

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That's not strictly true, is it?

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In respect of Mark Costley's behaviour to you...

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was there a change in November last year?

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Not really. I don't think so.

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Isn't it the case that, during November

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and into December of last year,

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the two of you had had a short-lived relationship,

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which ended acrimoniously?

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-No. That's absolutely untrue.

-Which bit?

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That you and Mr Costley were in a relationship, or that it was over?

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It wasn't a relationship.

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I wouldn't describe it like that at all.

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-How would you describe it?

-I would say...

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..Mark propositioned me.

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And had he "propositioned" you prior to this?

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No.

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So this marked a change in his behaviour, then, towards you,

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-in November of last year?

-Well, I suppose so.

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I thought that you meant his general behav...

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You went for drinks with Mr Costley after work

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on, I believe, three or four occasions.

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Not that many times.

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-Once or twice.

-Which was it? Once or twice?

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-Twice, maybe.

-Oh, really?

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Well, my information is that it was at least three times.

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And on the last of these occasions, in early December of last year,

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you had intimate contact with Mr Costley

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in a Westminster pub called the Bull And Keg.

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Firstly...the first time we went out was with a group of people.

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So I would say twice.

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Secondly, the contact that you're referring to

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-was initiated by him and I told him to stop.

-Immediately?

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Did you ask him to stop immediately, Sergeant Johns?

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Not immediately. No.

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So perhaps you could take us through

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exactly what happened between you in the Bull And Keg.

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We'd had a few drinks and Mark...

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Mr Costley had his hand on my knee.

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It was making me uncomfortable.

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Just having his hand on your knee?

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No.

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I have no wish to embarrass you, Sergeant,

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but can I suggest that you and Mr Costley

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had been drinking together since around 6pm?

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He had his hand on your knee beneath the table.

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At some point, he moved his hand under your skirt,

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down your tights and into your underwear...

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..where he proceeded, I believe the appropriate colloquialism is,

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to finger you.

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My Lord, I fail to see how this is in any way necessary.

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Well, I'm seeking to establish the fitness of the witness

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to assess the defendant's mental state.

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KATE SLAMS THE DOOR

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I'll allow this question.

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But move on swiftly, please, Ms Bonnard.

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Did Mr Costley insert his fingers into your vagina, Sergeant Johns?

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Yes.

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And did you prevent him from doing so, or object in any way?

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Not at the time, no.

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So in other words, you and Mr Costley

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had intimate sexual contact, did you not?

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You know, which in many people's eyes, constitutes a relationship.

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I told him I didn't like it.

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Was this in the pub?

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No. At work, the next day.

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It was embarrassing.

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I told him I wasn't interested and, after that,

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he made it clear that he was giving me the cold shoulder.

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Things got quite hostile on his part, actually.

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He started ignoring me in meetings and so on.

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He made it really difficult.

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So, when you told this court...

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..that Mr Costley was "just Mark'"...

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..in both November of last year, when Yvonne Carmichael

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sought his advice after her rape by George Selway

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and in the days immediately preceding

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the killing of George Selway,

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did his "normal" pattern of behaviour

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include the sexual advances towards you

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and his "difficult" professional behaviour?

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I just meant...the day-to-day. It was nothing I couldn't handle.

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Is being felt up by a colleague in the pub normal,

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-as far as you're concerned, Sergeant Johns?

-No!

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Of course it's not!

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No further questions for this witness, my Lord.

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No questions, my Lord.

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Thank you, Sergeant Johns. You may step down.

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YVONNE: Poor Sergeant Johns.

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Two weeks after I told you what George Selway did to me...

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..you were in that pub with her.

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That's how much I mean to you.

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Dr Sanderson, can you tell the jury what you do?

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I'm a consultant forensic psychiatrist

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and I've been practising as such for the last 23 years.

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You conducted an assessment of Mark Costley while he was on remand.

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-Is that correct?

-That's correct.

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Having examined Mark Costley,

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do you assess him as suffering from a personality disorder?

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-I do not.

-Why is that?

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An individual with a personality disorder

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would not possess Mr Costley's solid work record, for one,

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or his complete lack of psychiatric history.

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It's also extremely unlikely

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that a personality-disordered individual

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would hold down a stable marriage,

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let alone a career in the civil service.

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And setting all that aside,

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during my assessment,

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Mr Costley displayed none of the signs or symptoms

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of a personality disorder.

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What are those?

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Emotional instability.

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Lack of individual identity.

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A pattern of run-ins with the law.

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Suicidal behaviours.

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Addictions of various kinds.

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So...

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during your examination, Mr Costley displayed none of these?

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No.

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In my expert opinion, he has difficulty telling the truth.

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But the pursuit of extramarital sex

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and a tendency to embroider the facts

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do not mean that he is mentally unwell.

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Otherwise, half the men in the country would be seeking treatment.

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Coming now to previous offences on file...

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Yes. In 2005,

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Mark Costley pleaded guilty to the charge

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of assault occasioning actual bodily harm.

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Thank you, Detective Inspector Cleveland.

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That concludes the case for the Crown, my Lord.

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YVONNE: I don't know you at all, do I?

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I never did.

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And you are all that's standing between me and a prison sentence.

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-GARY:

-I'm sorry I wasn't there this afternoon.

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I took Carrie in for a check-up.

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-But everything's OK, isn't it?

-Yes. Yeah.

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-You would tell me if it wasn't?

-Absolutely fine.

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Of course.

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The baby's just not ready to come out yet.

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All OK this afternoon?

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Yeah.

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Smoke and mirrors, you know?

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You know I love you.

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Stay strong, hm?

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-I'll see you tomorrow, love.

-Bye.

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GARY HANGS UP

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Good morning, Dr Carmichael.

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We're getting there.

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Even Ms Bonnard shouldn't be able to spin her case out

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-beyond the end of today.

-Really?

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Well, Mr Costley won't be in the box, as they're pleading diminished.

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So, er...yeah.

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The...assault that the prosecution mentioned yesterday,

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that Mark was charged with,

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do you know the details?

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He, er...attacked a man outside a restaurant

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who was chatting up his wife, I believe.

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Broke his jaw.

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The defence managed to limit the admission,

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so the jury doesn't know that.

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It won't have exactly improved their opinion of him, though,

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-hearing he has a conviction.

-Do you think they think it's murder?

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Well, in my experience,

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it's always best not to try and second-guess what a jury's thinking.

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Hopefully, the defence psychiatrist Ms Bonnard is calling

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will help convince the jury that Mr Costley is mad, rather than bad.

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Not that we're relying on his defence, you understand.

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But it would help our case, wouldn't it?

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Diminished responsibility. Manslaughter.

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It would help, certainly.

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When I examined Mark Costley,

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he displayed very highly developed coping mechanisms,

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considering the situation he was in, the stress he was under.

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Coping...

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Isn't that the sign of someone who's psychologically healthy, Dr Sadiq?

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Not necessarily. Not all patients with disordered personalities

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have chaotic lives.

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Very intelligent people, with good support systems,

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they can be what you could call high-functioning patients.

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Their coping, in fact, masks more deep-seated symptoms.

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Could you tell us, Dr Sadiq, how a personality disorder

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might be displayed in a patient...

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CROSS EXAMINATION FADES AWAY

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What did you think of me, the first time you saw me? Honestly?

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Well...

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I thought...

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..I would.

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SHE CHUCKLES

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-Well, you did.

-I did.

-Yeah.

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SHE CHUCKLES

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So was it just that?

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Seriously, like, "I would"?

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No, I just thought...

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..you seemed to know what you were doing.

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No, not like that!

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Well, yes, like that.

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But you seemed...

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..right.

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Sound.

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Sound...

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..so, in Mr Costley's case, he dissociates.

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He detaches from real life

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and creates his own self-sustaining narrative.

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Forgive me, Doctor. Would you mind putting that in layperson's terms?

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Sorry.

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Patients like Mr Costley,

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they make themselves the hero of their own story,

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almost like they're in a film, or a book,

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and they're watching themselves as the main character.

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And to other people, this tendency to make up stories,

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could it make the sufferer seem merely...a bit of a fantasist?

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It could look like that, on the outside, yes.

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But it would represent an abnormality of mental functioning,

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-is that correct?

-That is correct.

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What happens, Dr Sadiq, when someone suffering from this type of disorder

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is put in an unusually stressful situation?

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Well, if their sense of safety is challenged

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by the loss of their stable environment,

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they decompensate.

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Decompensate... What does that mean?

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Act oddly, if you like.

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They might then start showing chaotic behaviour,

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disturbed behaviour, violent or self-destructive tendencies.

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-Violent, you say?

-Yes.

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They might lash out, lose control completely.

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And in an altercation, such as we can assume

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took place between George Selway and Mark Costley...

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-Objection!

-Ms Bonnard...

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My Lord.

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To be clear, Dr Sadiq, in a personality-disordered individual,

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such as the type you're describing,

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could an argument or a physical threat

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substantially impair their ability to keep a grip

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on what a reasonable response might be?

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I think so, yes.

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Right, so their abnormality of mental functioning

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would, in this situation,

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affect their ability to exercise self-control?

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Yes, it would.

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Returning to Mark Costley,

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during your examination of him, what conclusions did you draw?

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I was struck by his almost inappropriate ability

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to manage this very stressful situation he was in

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as though he'd found a different story to tell himself.

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Added to the nature of the crime he's admitted to,

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his history of risky sexual encounters,

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even his attraction to the secret service...

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In my opinion, Mark Costley fits the profile of someone

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with a high-functioning personality disorder.

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Thank you.

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No questions for the witness, my Lord.

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Dr Sadiq, this theory of yours

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about so-called high-functioning personality disorders,

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am I correct in saying it formed the basis of your PhD thesis

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-at Kingston University?

-Yes, that's right.

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So would it be fair to say it's your pet theory?

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Well...in a way.

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It's certainly a theory I've done a great deal of work on.

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-It explains a lot, in my opinion.

-Indeed.

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But isn't it the case that your theory is countered

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by the recognised diagnostic categorisation systems

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-used in psychiatry?

-Well, I wouldn't say countered.

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For instance, the Worldwide Disease Classification Index...

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Is high-functioning personality disorder

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included in the current manual, Dr Sadiq?

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It isn't in WDCI-10.

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But we're hoping, by the time WDCI-11 comes out,

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-it'll be included.

-No doubt.

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But does high-functioning personality disorder

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appear anywhere in this highly respected reference work?

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Erm...

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it isn't yet classified as a separate diagnosis in the WDCI.

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But in WDCI-11, the intention is to move to a spectrum-based...

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Thank you, Dr Sadiq.

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In the Biannual Study Papers Of Mental Disorders, Volume 24,

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dated March 2013,

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there is a specific refutation of your theory

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in an article by Dr Michael Sedora,

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an expert in borderline personality disorders

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of some 22 years' standing.

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It's page 72, my Lord, footnote five.

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See "Sadiq, Kingston,

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"High-Functioning Personality Disorder

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"And The Disguise Of Pathological Trait Domains."

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That is the name of your PhD thesis, Dr Sadiq?

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Dr Sadiq?

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Yes, that's right.

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"I find no clinical evidence that the so-called

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"high-functioning individual is able to disguise traits

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"such as compulsivity or antagonism

0:18:360:18:39

"from family members or medical professionals."

0:18:390:18:42

They're missing the fundamental point of my thesis,

0:18:420:18:45

which is that personality is not a binary concept but a spectrum.

0:18:450:18:48

"I discount entirely the existence of a high-functioning category

0:18:480:18:53

"separate from the current definition

0:18:530:18:54

"of personality disorders."

0:18:540:18:56

There's a group of individuals, like Mr Costley,

0:18:560:18:59

who have significant personality pathology,

0:18:590:19:01

which may fall short of the current diagnosis of personality dis...

0:19:010:19:04

Fall short?

0:19:040:19:05

Indeed.

0:19:130:19:14

"A subcategory of high-functioning personality disorder...

0:19:160:19:20

"..remains unsubstantiated."

0:19:210:19:23

No further questions, my Lord.

0:19:310:19:33

YVONNE: Mad or bad?

0:19:350:19:37

Right now, the jury thinks you're as sane as I am.

0:19:380:19:40

They think you're a murderer.

0:19:420:19:43

HE MOUTHS

0:19:570:19:58

HE TAPS LOUDLY

0:20:230:20:25

Yeah, OK, I'll come down.

0:20:270:20:28

They were a bit worried because her waters had broken

0:20:310:20:34

and nothing was happening, so they induced her

0:20:340:20:36

and it was all fast and furious after that.

0:20:360:20:40

But Carrie's OK? The baby's OK?

0:20:400:20:42

-Who does he look like?

-Oh, my nose maybe. Poor bugger!

0:20:430:20:47

HE CHUCKLES

0:20:470:20:49

You did tell Carrie that they wouldn't let me call the hospital?

0:20:490:20:53

I'll give her all your love.

0:20:530:20:54

And Sathnam. She knows you're thinking about her, love.

0:20:540:20:58

Oh, God...

0:20:580:20:59

I really wish I could have been there.

0:21:010:21:03

I know.

0:21:030:21:04

-Oh, bloody hell!

-Oh, aye, come on, now...

0:21:060:21:08

Hm?

0:21:080:21:10

Home straight. Just remember everything Robert's told you

0:21:100:21:14

about making a good impression

0:21:140:21:16

and we'll get home and see that baby, yeah?

0:21:160:21:21

Yeah.

0:21:230:21:24

You will tell Carrie that I love her, won't you?

0:21:250:21:28

-What are they going to call him?

-Oh, I don't think they've decided yet.

0:21:310:21:34

I'm keen on Gary Junior.

0:21:350:21:36

Von, I want to be there tomorrow.

0:21:420:21:44

For all of it.

0:21:450:21:47

When you're questioned.

0:21:470:21:49

-But we agreed.

-Yeah.

0:21:490:21:50

Yeah. It's important, though.

0:21:520:21:55

I've been thinking and I'm so sorry about all the shite over Rosa.

0:21:570:22:02

No more secrets.

0:22:030:22:05

Nowhere we can't go together.

0:22:060:22:08

That's how all this happened in the first place, and I just...

0:22:090:22:13

..I just wish you'd been able to trust me with it.

0:22:150:22:20

Oh, I'm sorry.

0:22:280:22:30

OK.

0:22:410:22:42

What about me?

0:23:050:23:07

What did you think the first time you saw me?

0:23:070:23:09

You were just so...

0:23:110:23:12

..so comfortable in your own world.

0:23:140:23:17

In that committee room.

0:23:200:23:22

Just owning it.

0:23:220:23:24

I loved that.

0:23:270:23:28

SHE GIGGLES

0:23:510:23:54

LAUGHTER CONTINUES

0:23:540:23:57

All rise.

0:24:050:24:06

Dr Carmichael, can you give us some idea of the kind of work involved

0:24:320:24:36

in appearing at a House of Commons Select Committee?

0:24:360:24:39

Erm...well, it doesn't really involve any extra work,

0:24:390:24:42

apart from turning up.

0:24:420:24:44

You're called to answer questions that cover your field.

0:24:450:24:47

Your field being?

0:24:470:24:49

-The human genome and genetic engineering.

-Hm...

0:24:490:24:53

And it was at the last of these occasions that you met Mark Costley?

0:24:530:24:56

That's correct.

0:24:560:24:58

-Can you tell me your impressions of him?

-Erm...

0:24:580:25:00

He was pleasant.

0:25:020:25:04

Er, knowledgeable. I liked him.

0:25:040:25:06

He gave me a guided tour of the Great Hall of Westminster,

0:25:070:25:12

the Crypt Chapel.

0:25:120:25:14

We met for coffee a few times.

0:25:150:25:17

I work... I worked nearby.

0:25:170:25:20

Did you meet purely as friends?

0:25:200:25:22

Yes.

0:25:220:25:23

His niece was considering a career in science and...

0:25:230:25:27

Well, it's a bit of a hobby-horse of mine,

0:25:280:25:30

getting women and girls into science as a career, so...

0:25:300:25:33

My own daughter's a scientist.

0:25:350:25:37

So we talked about that and I gave him some advice.

0:25:380:25:42

Dr Carmichael, we now have to discuss

0:25:420:25:44

the events that have led, indirectly,

0:25:440:25:46

to you being here,

0:25:460:25:48

in a position you never would have imagined yourself to be in.

0:25:480:25:52

INAUDIBLE

0:26:070:26:10

It didn't seem real.

0:26:180:26:20

Although it was...

0:26:220:26:24

the most, most shocking thing that's ever happened to me.

0:26:240:26:27

When it was over...

0:26:300:26:32

he acted as if it was completely normal.

0:26:320:26:36

And I got in the cab with him because...

0:26:360:26:38

..I didn't know what else to do.

0:26:400:26:41

Some people will find it hard to understand

0:26:430:26:46

why you didn't even tell your husband

0:26:460:26:48

about this horrific, vicious attack.

0:26:480:26:49

I would have found it hard, before it happened to me.

0:26:530:26:56

To understand, I mean.

0:26:560:26:58

But it seemed so clear.

0:27:000:27:02

I didn't want what he did...

0:27:070:27:10

..in my life, in my home.

0:27:110:27:15

I didn't want to be sitting in my kitchen,

0:27:200:27:22

having a meal with my husband and wonder...

0:27:220:27:25

..two years later, five years later, whatever...

0:27:280:27:32

..wonder if he was thinking about it, or...

0:27:340:27:38

..or for him to raise it, or talk about it...

0:27:410:27:44

..when I wasn't ready.

0:27:460:27:48

I wasn't ready.

0:27:480:27:50

SHE SOBS

0:27:500:27:54

George Selway treated me as a collection of holes and...

0:28:040:28:08

..at least, by not telling Gary, I had control over that one thing.

0:28:110:28:16

What was your intention when you went to see Mark Costley

0:28:210:28:26

to ask his advice about George Selway?

0:28:260:28:29

I just wanted it to stop.

0:28:290:28:31

E-mailing me, texting, following me.

0:28:320:28:35

When George turned up near my house, I...

0:28:370:28:41

I was just so frightened.

0:28:410:28:43

To be clear...

0:28:450:28:47

..did you wish George Selway physical harm?

0:28:480:28:52

No.

0:28:520:28:53

Did you encourage or urge Mr Mark Costley to kill George Selway?

0:28:530:28:58

No!

0:28:580:28:59

While you were waiting, in the car,

0:29:000:29:03

were you aware of what was taking place in George Selway's flat?

0:29:030:29:06

No.

0:29:080:29:10

-JUDGE:

-I suggest, given the very obvious distress of the witness,

0:29:110:29:14

we'll adjourn for a short break.

0:29:140:29:17

Dr Carmichael, I have no wish to distress you.

0:29:370:29:40

But could I ask you a few more questions

0:29:400:29:43

about the night you claim you were attacked

0:29:430:29:45

by the victim in this case?

0:29:450:29:48

Of course.

0:29:480:29:49

Now, earlier on that day, the day of the party,

0:29:500:29:53

-you were working at home?

-Yes, that's right.

0:29:530:29:56

And then you got into your party dress and took the Tube into town.

0:29:560:30:00

-Is that correct?

-That's correct.

0:30:000:30:02

Now, you've said you were at the party with Mr Selway for some hours,

0:30:050:30:10

drinking with him, before you went with him

0:30:100:30:12

up to his secluded office on the fifth floor,

0:30:120:30:15

an area of the building you knew

0:30:150:30:17

would be empty at that time of night.

0:30:170:30:19

Well, as I said,

0:30:190:30:20

-he mentioned something about getting some papers from his office.

-Yes.

0:30:200:30:23

Just to establish,

0:30:230:30:24

when you were drinking and smoking with Mr Selway,

0:30:240:30:27

you were, for a time, seated together outside

0:30:270:30:30

-in a small courtyard in the middle of the building?

-Yes.

0:30:300:30:33

I wasn't smoking.

0:30:330:30:34

You were keeping him company, then.

0:30:360:30:38

When you were seated together outside,

0:30:390:30:42

can you recall placing your hand on Mr Selway's knee?

0:30:420:30:45

No, I can't.

0:30:460:30:48

Can you recall him placing his hand on your knee?

0:30:480:30:50

He may have done, yes.

0:30:540:30:57

I think he did, just on my knee, to steady himself.

0:30:570:31:01

Er...

0:31:030:31:04

We were all laughing, in a group.

0:31:040:31:08

It wasn't just the two of us and...

0:31:080:31:11

I was a bit unsteady and so was he, and...

0:31:110:31:13

..I put my hand on his knee, just to steady myself.

0:31:150:31:18

So you put your hand on his knee?

0:31:180:31:20

Or he did on mine. He...

0:31:240:31:26

He was filling up my glass. It could have been both.

0:31:260:31:29

You were flirting, weren't you?

0:31:300:31:32

No, I wouldn't say that.

0:31:320:31:34

We were talking, joking, in a group of people.

0:31:340:31:38

Well, let's not get into a detailed discussion

0:31:380:31:40

on the definition of flirting, Dr Carmichael.

0:31:400:31:44

Did you, or did you not, tell George Selway you were promiscuous?

0:31:440:31:48

No! Absolutely not!

0:31:480:31:49

-Well, you seem very certain about that.

-I am.

0:31:490:31:52

And if anybody thinks they heard me say that, they're mistaken.

0:31:520:31:55

Or drunk. There was a lot of drinking going on that night.

0:31:550:31:58

Yes, I'm not talking about the party.

0:31:580:32:00

Do you remember the occasion you spent two days with George Selway,

0:32:000:32:03

-a month or so before he was killed?

-You're talking about

0:32:030:32:05

when we interviewed for the junior research fellowship.

0:32:050:32:07

-Of course I remember.

-Good.

0:32:070:32:09

Then you might also remember telling George Selway,

0:32:090:32:11

in front of a room full of people, you were promiscuous.

0:32:110:32:15

No.

0:32:160:32:18

Absolutely not. I said no such thing.

0:32:190:32:21

Really?

0:32:210:32:23

Did you or did you not describe yourself as "really easy"?

0:32:230:32:27

-That's ridiculous!

-Oh, so you do remember?

0:32:300:32:32

"I like to pretend I'm classy, but I'm really easy."

0:32:320:32:35

I... I was talking about the coffee machine!

0:32:350:32:38

He'd brought us some coffees.

0:32:380:32:39

I'm not asking you for the context of the comment, Dr Carmichael.

0:32:390:32:42

I'm sure you were bantering away with Mr Selway

0:32:420:32:44

on all manner of subjects.

0:32:440:32:45

Just please answer the question - "really easy",

0:32:450:32:47

-did you use that exact phrase?

-That is ludicrous.

0:32:470:32:50

-You can take anything out of context.

-Yes or no?

0:32:500:32:52

You're trying to create a false impression

0:32:520:32:54

-of the kind of relationship that we had.

-Yes or no?

0:32:540:32:56

Not in the way that you mean!

0:32:560:32:58

This is why...

0:33:090:33:10

This is why I didn't want to bring this to court in the first place.

0:33:120:33:14

It's not the only reason, is it, Dr Carmichael?

0:33:260:33:28

Why didn't you report the alleged rape by George Selway?

0:33:350:33:38

Often these cases are conducted as if...

0:33:400:33:43

the victim has committed a crime.

0:33:430:33:45

And I felt that I'd been through enough.

0:33:460:33:48

Well, this isn't a rape trial.

0:33:480:33:50

And you have been charged with a crime,

0:33:500:33:51

the most serious crime there is.

0:33:510:33:53

Now, forgive me, you said it was eight years

0:33:530:33:55

you worked for the Beaufort Institute.

0:33:550:33:58

Erm...

0:33:580:33:59

Full time, yes. And more recently part time.

0:33:590:34:03

Of course.

0:34:030:34:05

And during those eight years, you commuted every day?

0:34:050:34:08

The Tube to St James's and then a walk?

0:34:080:34:10

Yes.

0:34:110:34:12

And lunch hours, coffee breaks,

0:34:140:34:16

plenty of places to eat around there.

0:34:160:34:19

-Pubs after work, so on.

-My Lord, really!

0:34:190:34:22

-Forgive me, my Lord, I am getting there.

-Then do, please, Ms Bonnard.

0:34:220:34:26

Dr Carmichael, in your professional capacity,

0:34:280:34:31

you have been working in or visiting the Borough of Westminster

0:34:310:34:34

for, what, around 12 years? Longer?

0:34:340:34:37

Erm...

0:34:370:34:38

longer, probably.

0:34:380:34:39

So it's fair to say you are very familiar with the area.

0:34:390:34:44

What with all the commuting and lunch hours, walking, so on?

0:34:440:34:48

It...

0:34:490:34:51

Yes.

0:34:510:34:52

You know it intimately...

0:34:540:34:55

..this little corner of St James.

0:34:570:34:59

The highways and byways.

0:35:010:35:03

The shops and cafes.

0:35:040:35:06

The side streets.

0:35:110:35:12

The back alleyways.

0:35:120:35:14

You're familiar, Dr Carmichael...

0:35:260:35:30

with a small alleyway called Apple Tree Yard?

0:35:300:35:33

Apple Tree Yard...

0:35:460:35:48

..is the alleyway in the Borough of Westminster,

0:35:490:35:53

St James to be precise,

0:35:530:35:56

where you had intercourse with your lover, Mark Costley,

0:35:560:36:00

in a public street,

0:36:000:36:01

quite quickly, I imagine, during rush hour, standing up in a doorway.

0:36:010:36:05

Isn't that the case, Dr Carmichael?

0:36:050:36:07

It...

0:36:170:36:18

It wasn't rush hour.

0:36:200:36:21

Well, I apologise for any inaccuracy as to timings,

0:36:230:36:26

but you will forgive me for doubting the absolute credibility

0:36:260:36:29

of any account you're willing to give this court.

0:36:290:36:32

You know, you are facing a charge of murder.

0:36:320:36:35

Don't you think it's time you started telling the truth?

0:36:350:36:38

You've lied, haven't you?

0:36:380:36:40

You have lied to your husband

0:36:410:36:43

and you've lied to the police

0:36:430:36:45

and you have lied to this court! Well, haven't you?

0:36:450:36:48

Yes.

0:36:570:36:59

I beg your pardon?

0:37:020:37:04

Yes.

0:37:060:37:07

Did you ask my client to kill George Selway?

0:37:150:37:18

No.

0:37:180:37:19

-Are you telling the truth?

-Yes!

0:37:190:37:22

Did you tell him you were raped, Dr Carmichael?

0:37:220:37:25

I said... Yes.

0:37:250:37:27

-And were you raped? Is that the truth?

-Yes! Yes!

0:37:270:37:29

Yes!

0:37:290:37:30

As you went to the party that night...

0:37:550:37:58

..after you had had sex with my client...

0:38:010:38:04

..were you wearing underwear?

0:38:100:38:12

Please, at least tell me that the sex was good.

0:38:370:38:39

Why?

0:38:490:38:50

Why with someone like that?

0:38:510:38:53

He didn't seem... the way he sounds in court. He...

0:38:540:38:57

He made me feel...

0:38:590:39:01

-Gary wants to talk to you...

-I can't.

-..so much.

-I can't.

0:39:020:39:06

No. No, it would just finish me off.

0:39:060:39:09

Think about it.

0:39:100:39:12

Isn't it going to do more damage this way?

0:39:130:39:15

Damage?

0:39:150:39:17

Damage? Suse, the damage is done.

0:39:170:39:19

You saw the jury's faces. I'm going to prison.

0:39:190:39:22

-You don't know that.

-Yes, I do.

0:39:220:39:24

-The trial isn't over yet.

-Yes, it is. It is.

0:39:240:39:26

It is for me.

0:39:260:39:27

You know, the one thing that Gary's always said that he couldn't bear...

0:39:330:39:36

..is humiliation.

0:39:380:39:39

Didn't you think?

0:39:390:39:40

What?

0:39:420:39:43

SHE SIGHS

0:39:430:39:44

If you were having this thing with Mark Costley, then...

0:39:440:39:48

..surely your marriage was over anyway?

0:39:500:39:53

Do you really think that it's that cut and dried?

0:39:530:39:56

God, Suse, I'd expect that from Carrie, but you, of all people...

0:39:560:39:59

I am trying to understand.

0:39:590:40:01

You should know that a marriage is not what it seems from the outside.

0:40:010:40:05

What, Jay? Well, Jay's a bit different from Gary.

0:40:060:40:09

Well, you've always held Gary up as some kind of shining star.

0:40:090:40:12

Because he is a good man!

0:40:120:40:14

Yes, he is.

0:40:220:40:24

Of course he is.

0:40:250:40:27

When I started my degree...

0:40:360:40:38

..I was going to dedicate my life to science.

0:40:400:40:43

And then...

0:40:450:40:46

..the first week of the first term, there he was.

0:40:480:40:51

So specific.

0:40:510:40:53

There, in the lab...

0:40:550:40:57

..being so bloody certain about everything.

0:40:580:41:02

With his shirt tucked in.

0:41:030:41:05

And his thousand-yard stare.

0:41:070:41:08

30 years, nearly.

0:41:110:41:13

Don't you think that's worth fighting for?

0:41:160:41:19

Ladies and gentlemen,

0:42:010:42:03

the dramatic revelations of the last days

0:42:030:42:05

have served only to strengthen the prosecution's case,

0:42:050:42:08

that it is beyond reasonable doubt

0:42:080:42:11

that Mark Costley and Yvonne Carmichael are both guilty

0:42:110:42:14

of the murder of George Selway.

0:42:140:42:16

Whose idea was it to drive to Selway's flat that day?

0:42:160:42:19

Yvonne Carmichael has admitted it was her idea.

0:42:210:42:24

Tragically...

0:42:240:42:26

Mr Costley's already marked tendencies as a fantasist

0:42:260:42:29

and his inability to tell the difference

0:42:290:42:32

between reality and a story of his own invention

0:42:320:42:35

found its flashpoint at that unbearable moment

0:42:350:42:38

when he confronted the man he believed to have raped his lover.

0:42:380:42:42

Yvonne Carmichael had suffered a brutal and degrading rape

0:42:430:42:48

at the hands of George Selway,

0:42:480:42:50

who then added to this quite devastating trauma by stalking her.

0:42:500:42:56

She just wanted it to stop.

0:42:560:42:58

There is no evidence that she wanted him dead.

0:42:580:43:01

There's no evidence that she asked for it.

0:43:010:43:04

Mark Costley was in his own world

0:43:040:43:06

when he entered George Selway's flat,

0:43:060:43:08

on a mission of his own making.

0:43:080:43:10

It comes down to this...

0:43:120:43:14

Does having an affair with Mark Costley,

0:43:140:43:16

keeping it secret,

0:43:160:43:18

make Dr Carmichael a murderer?

0:43:180:43:21

Not...

0:43:220:43:23

does it make her unsavoury, inappropriate?

0:43:230:43:26

Your private judgment is your own concern.

0:43:260:43:29

Does it make her...a murderer?

0:43:310:43:34

It's time.

0:43:480:43:50

DOOR BUZZER SOUNDS

0:43:540:43:56

YVONNE: Courts aren't about the truth.

0:44:020:44:05

They're about who tells the best story.

0:44:050:44:07

You know all about that.

0:44:120:44:15

You're the expert.

0:44:150:44:16

You caught me so easily.

0:44:240:44:27

But then, I think now...

0:44:270:44:30

I was waiting to be caught.

0:44:300:44:32

Madam Foreperson,

0:44:580:44:59

has the jury reached verdicts upon which you are all agreed?

0:44:590:45:03

Yes.

0:45:030:45:05

Would the defendants please stand?

0:45:060:45:08

Do you find the defendant Mark Liam Costley

0:45:140:45:18

guilty or not guilty of the murder of George Selway?

0:45:180:45:22

We find the defendant not guilty.

0:45:230:45:26

Do you find the defendant Yvonne Carmichael

0:45:310:45:34

guilty or not guilty of the murder of George Selway?

0:45:340:45:38

Not guilty.

0:45:400:45:41

Upon count two of this indictment,

0:45:440:45:47

do you find the defendant Mark Liam Costley

0:45:470:45:50

guilty or not guilty of manslaughter?

0:45:500:45:53

Guilty.

0:45:550:45:56

Do you find the defendant Yvonne Carmichael

0:46:020:46:05

guilty or not guilty of manslaughter?

0:46:050:46:07

We find the defendant...

0:46:100:46:11

..not guilty.

0:46:180:46:20

Congratulations.

0:47:180:47:20

YVONNE: Dear X...

0:48:250:48:26

Dear Mark...

0:48:280:48:29

..with good behaviour and the all clear from your psychiatrist,

0:48:300:48:34

you'll be free in five years.

0:48:340:48:36

They found me guilty of perjury.

0:48:410:48:44

Suspended sentence.

0:48:440:48:46

Sounds about right - "suspended."

0:48:470:48:50

Hanging above me,

0:48:510:48:53

a sword that could fall on my neck at any time.

0:48:530:48:56

And of course...

0:48:580:48:59

my good behaviour has to last a lifetime.

0:48:590:49:01

When do you think Carrie will be ready to see me?

0:49:180:49:21

I think that's best discussed between you and her, don't you?

0:49:230:49:26

You can do no wrong in her eyes, you know that.

0:49:270:49:29

Yeah, well, we're all on a learning curve, aren't we?

0:49:300:49:34

Gary...

0:49:340:49:35

Does she know about you and Rosa?

0:49:370:49:39

There's nothing to tell any more, is there? So, no point.

0:49:400:49:43

Surely it's only fair that she knows something about...

0:49:430:49:46

what was going on with you and us?

0:49:460:49:49

Oh, you really want to go there, do you?

0:49:490:49:51

Jesus Christ...

0:49:520:49:54

Fairness?

0:49:540:49:56

Transparency?

0:49:560:49:58

There were so many opportunities to tell me.

0:50:000:50:03

So many points.

0:50:030:50:05

The rape.

0:50:060:50:08

Him.

0:50:090:50:10

-I would have understood.

-I know you would.

0:50:140:50:16

So why? Because you had to win,

0:50:160:50:18

you had to be the best at everything, even marriage?

0:50:180:50:21

Could you just not bear the thought

0:50:210:50:22

of not having something to hold against me for once?

0:50:220:50:25

That we both might have fucked up, even-stevens?

0:50:250:50:27

-Is that what you think?

-Yes, that's what I think!

0:50:270:50:30

I think you think I've been the bad one.

0:50:310:50:35

That's how it's worked!

0:50:350:50:37

I'm sorry.

0:51:030:51:04

I am.

0:51:050:51:06

And I'll say it every day, for as long as it takes.

0:51:080:51:12

DRILLING

0:51:360:51:38

Thank you for agreeing to see me.

0:52:070:52:09

Yvonne...

0:52:170:52:19

in court...

0:52:190:52:20

when I, erm...

0:52:200:52:22

..I told my barrister about us...

0:52:230:52:26

..she just twisted everything.

0:52:270:52:30

I'm so sorry.

0:52:320:52:33

I think I understand.

0:52:380:52:40

You panicked.

0:52:410:52:43

Is...that what happened with George?

0:52:450:52:48

I know you didn't mean to kill him.

0:52:500:52:52

You wouldn't have let me drive you to his house...

0:52:520:52:55

..if you'd meant to kill him.

0:52:570:52:59

I just wanted to teach him a lesson.

0:52:590:53:01

For you.

0:53:020:53:03

I wanted you to feel safe.

0:53:050:53:07

I lied to you.

0:53:170:53:19

Brilliant geneticist, one of the country's leading scientists...

0:53:260:53:29

I'm not.

0:53:290:53:30

I haven't produced an original piece of work for years.

0:53:310:53:35

I was never anybody important.

0:53:370:53:40

You made me feel important.

0:53:440:53:46

I don't know what you want me to say.

0:53:500:53:53

I'm sorry.

0:53:540:53:56

Mark...

0:53:590:54:01

SHE SIGHS HEAVILY

0:54:030:54:05

The feelings...

0:54:060:54:08

..they were real.

0:54:100:54:11

Mine were, at least.

0:54:130:54:15

And mine, too.

0:54:150:54:17

That's why I told her about us.

0:54:190:54:22

Because how else would anyone know?

0:54:220:54:24

How would they know?

0:54:260:54:28

That it had been...real.

0:54:310:54:34

It was just everything else that wasn't.

0:54:420:54:45

YVONNE: If relationships are stories,

0:54:580:55:02

there is no happy ending for ours.

0:55:020:55:04

But life, as they say, goes on.

0:55:060:55:10

BABY GURGLES

0:55:230:55:25

-MARK:

-Yvonne...

0:55:500:55:52

What you said to me in the flat...

0:55:580:56:00

The safe house.

0:56:020:56:04

I never told them.

0:56:060:56:07

I didn't.

0:56:110:56:12

So what do you want?

0:56:210:56:23

I want you to kill him.

0:56:250:56:27

SHE LAUGHS

0:56:270:56:30

I want you to smash his fucking face in.

0:56:310:56:34

People can say anything.

0:56:480:56:50

You really can't tell the difference, can you?

0:56:590:57:01

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