Episode 4 Silk


Episode 4

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The brother tried to calm her, she lashed out with a broken bottle, he bled to death.

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I've secured her a place at a woman's refuge as of this morning.

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Blimey, Marth. Never a good idea to sleep with a colleague.

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I need you to tell me everything.

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And for it always to be true.

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CW.

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Martha Costello.

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Are you looking to move?

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Well, I'm bloody lonely. I want a friend.

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Prosecute, and you'll walk into silk.

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Non-disclosure of evidence is as serious as it gets.

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See you in front of the Bar Standards Board.

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This is the end of your career, Reader.

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Mr Doyle...

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Agreeing to drive the getaway car in an armed robbery

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when you had yet to master the intricacies of a manual gearbox

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marks the nadir of your criminal career to date.

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I sentence you to eight years' imprisonment.

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The prosecution's case hangs on two things -

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the Prisoner Escort Record form and the pathologist's report.

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Do you know how many prisoners develop claustrophobia

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when it's time to get in the van?

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A fair few, I'm sure.

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He told them at the court he had panic attacks.

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But there was no doctor's note to back it up.

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And nothing on the form about a heart condition.

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Because the arrhythmia was only diagnosed post-mortem.

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Exactly. So there was no way I could've known about it.

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Yeah, but you knew about the panic attacks. And when you heard Doyle was in distress...

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He didn't sound distressed.

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They have a witness, and she claims she heard him calling for help.

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Yeah, well, quite frankly,

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that's bollocks, if you'll pardon my French.

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She couldn't have heard anything from outside that van.

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When you're dealing with an escape situation, you keep the van locked. It's basic common sense.

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-And that's what they trained you to do?

-That's right.

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I did what I was supposed to. So to say I was negligent...

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30 years I was in the force, 20 of those as a custody sergeant.

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And not one blot on my copybook.

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Now look at me.

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Jake?

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Inventory.

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What?

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For the insurance.

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Right.

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Ah! Mr Reader, sir.

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Hope you don't mind, your room's temporarily out of bounds.

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What?

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Miss Costello needed somewhere private for her con.

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Corporate manslaughter against a private security company.

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-It's a landmark case.

-Only if they lose. Anyway, she's for the guard, not the company, isn't she?

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Still, seeing as you'll be in interviews all day...

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What, Martha's not doing the pupillage interviews?

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Otherwise engaged, sir.

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But don't worry, she and Mr Cowdrey should find time to meet with the shortlist later.

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Once you've sorted the wheat from the chaff, so to speak.

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Seriously, Billy, if you've had anything else come in last minute..?

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Not a thing, sir. Anyway, you've got your Plea and Case Management coming up for Miss Duggan, haven't you?

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Wouldn't want anything to clash with that, now, would we, sir?

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No.

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-Oh...

-Steady.

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Thanks.

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Martha Costello?

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-Roland Elliott.

-Oh!

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-You're for V&R.

-Mmm.

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We seem to be under surveillance.

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Maybe they're worried we'll hotwire the van.

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Would you mind going inside and banging on the wall for me?

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Sure.

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You want me inside the cubicle?

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Please. And could you shout as loud as you can?

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-EXTREMELY FAINT:

-Hello. Can you hear me? Hello?

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-Is it OK to come out now?

-Yeah. Thanks.

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-Personally, I wouldn't want to spend 10 minutes in one of those.

-Mmm.

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Don't get caught, then.

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I feel my strengths particularly lie in the area of communication.

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Would it be the driver of the car? Er, no, no, no...the, um... Er...

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the passenger who bought the alcohol.

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I enjoy...talking to people...

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I find I'm able to... get my point of...

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er, view...across...pretty well.

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Oh, no, maybe the pedestrian?

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Er...

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Sorry, could you repeat the question?

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What one thing do I wish I'd invented?

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Errrrrrrrrrm...

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Windows.

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Er...penicillin?

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Sorry. Actually, can I change my mind?

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The Kalashnikov.

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SOBBING

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Shit...

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Billy?

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Sorry, sir. I'll need to, erm...call you back with the, er...details.

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He got in a cab.

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East or west?

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Er...east.

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Mr Cowdrey, sir.

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Just to let you know that the papers have come in for the Watling case.

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If you need me to bike...

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Of course. Of course. Well, they'll be here when you're done.

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OK. Bye.

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What did he say?

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Dentist.

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But he's not?

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You don't go east to get to Harley Street, Jake.

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You think it's her?

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Oh, yeah, it's her.

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-Which means that this, right now, is the golden hour.

-Right.

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A chat with a senior junior could be something or nothing.

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But a meeting with the head of chambers...

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That is a statement of intent.

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So...

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If...?

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I'd say a favourable response would be extremely likely.

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No dissent amongst the lower orders?

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Big bad prosecutor coming to ruffle all those defence feathers?

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It's a good time to redress the balance.

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Because I'd need to be sure of feeling the love in the clerks' room.

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I've seen the alternative.

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Missing briefs, diary conflicts...

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Eventually, the work dries up.

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I promise you, Caroline, you'll feel nothing but love.

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Is that a personal guarantee, Alan?

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It's certainly a professional one.

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I can work with that.

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In which case, I'll arrange a meet with senior members.

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Very discreetly, of course.

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You'll make your formal application.

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Should be done and dusted by the quarterly exec meeting.

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Till then?

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Mum's the word.

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Marvellous.

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Er... Leila George?

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It's just up here.

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So, Daniel, you were with the police for five years,

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and during the last two, you were also studying for your CPE?

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That's right.

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Can't have been easy.

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Well, no.

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But I... I joined the service straight out of university,

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um...went down the fast track route,

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and then discovered I was more interested in the law than...

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than career progression.

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Once I realised that, I did what I had to to make it happen.

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You've got to be kidding.

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Well, he's the most interesting of the bunch. He's got life experience. He's got self confidence.

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He's so earnest. And humourless. All that "I did what I had to do", it was just so...

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Well, I'm sorry if he didn't crack enough jokes for you, Clive,

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but I think focus and ambition are a little bit more important.

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-What about the girl?

-Leila? I thought she was excellent.

-Oh, here we go.

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-She's bright, articulate. Loads of relevant work experience.

-What?

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-More relevant than five years in law enforcement?

-You're not even having a pupil.

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I'm the one who has to live with who we choose.

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I rather think that makes the decision somewhat easier.

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CLIVE SIGHS

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Cheer up. It's only for six months.

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Yeah, well, six months can feel like a really long time.

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Spoken like the true king of commitment.

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How is George, by the way?

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-She's fine, thanks.

-Mmm.

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-In fact, she's better than fine.

-Mmm?

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Well, just wait till she hears your new pupil's an ex-copper.

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Good morning.

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Have you seen Alasdair McKinley in action before?

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No, I haven't.

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Well, brace yourself.

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You will hear how this distressed young man shouted repeatedly for help.

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Passers-by heard him.

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They even attempted to intervene,

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but it was only when it was too late,

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when an ominous silence had fallen and the victim was past help,

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that Michael Ward finally opened the door

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to find Richard Doyle dead in his cubicle.

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This was a breach of the most basic duty of care.

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Michael Ward not only failed to come to his aid,

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he actively prevented anyone else from doing so.

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Now, the defence are going to quote you statistics

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about the chances of resuscitation.

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They will try to cast doubt

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as to whether the paramedics could have saved Richard's life

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had they been called sooner.

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And they will tell you repeatedly that at all times,

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Ward was following V&R Security's established protocols.

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But the fact remains -

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at the point when Richard Doyle, scared and in pain,

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shouted for help,

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Michael Ward's actions deprived him of any chance of survival.

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And what is his excuse for those actions?

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He was only following orders.

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Now, where have we heard that before?

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KNOCK AT DOOR

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Yes?

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Mr Reader?

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-The clerks said that I...

-Clive, not Mr Reader. You're a pupil, not a clerk.

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Right.

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You need to be here by eight every morning.

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I like my coffee white, one sugar.

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You do exactly as you're told, you watch, you listen, and you speak when spoken to. Got it?

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Sure.

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Right. I'll be out for a couple of hours. So, erm...

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I don't know...

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Sit there, and...think about how lucky you are to be here.

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Long QT syndrome is one of the more common forms of cardiac arrhythmia.

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It's also the one most frequently linked

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with Sudden Adult Death Syndrome.

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Could you explain how you diagnosed this condition, Professor Nyman?

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In the absence of an alternative cause of death,

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I applied a diagnostic score system

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whereby points are assigned for a variety of factors.

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Such as?

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One example would be congenital deafness.

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In this case, the deceased had no hearing in his left ear.

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Another factor would be the previous unexpected death of a family member.

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Again, the deceased had an uncle

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who had died suddenly several years before.

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So Richard Doyle appeared to fit the profile?

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Absolutely.

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So what conclusion did you reach about the cause of death?

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I believe that the stress of being locked

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for an extended period of time in a cramped cubicle

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caused a fatal arrhythmic attack.

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That's what killed him.

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Thank you, Professor Nyman.

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Professor Nyman...

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Isn't it true that Richard Doyle was a binge-drinker

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who was receiving treatment for cirrhosis of the liver, yet he...

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He never told his Doctor about these so-called palpitations?

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Well, not so far as I'm aware.

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But he did mention them to the Prisoner Custody Officer.

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But, even so, I mean, how could Mr Ward have known

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that these were the signs of a potentially fatal condition?

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If he'd responded to the attack, it would have quickly become apparent.

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Isn't an undiagnosed arrhythmia dangerous

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because it could kill you at any time?

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That's correct.

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So, if that's what killed him,

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Richard Doyle could just as easily have died at home in his bed,

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or watching the TV?

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In theory, it's possible.

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So you can't actually link

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the stress of being left in the back of the van

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with this alleged arrhythmic attack?

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On the contrary.

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The deceased had only complained of experiencing symptoms

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in situations he considered stressful.

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To suggest that it was a coincidence

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that he was locked in a cubicle the size of a coffin

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when he had a fatal attack is, frankly, preposterous.

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OK.

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So even if he did have an attack, and it was brought on by stress,

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can you categorically say that calling the ambulance 20 minutes earlier

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would have saved his life?

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No, I can't.

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But I can say that calling it after he'd died was definitely too late.

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I was about to cross at the lights,

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when these two blokes just popped up through the skylights,

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and legged it towards the flyover.

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I mean, I couldn't believe it.

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And how did the officers in the van respond?

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Well, they were just sat there like sacks of potatoes,

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and so I shouted, you know, "They're getting away,"

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and then they jumped out pretty smartish.

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What happened next?

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Well, there was this banging coming from the back of the van,

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and I heard a man's voice saying, "Let me out, let me out, help me."

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And how did the defendant, Michael Ward, respond?

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He just stood there.

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And how long did this go on for?

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Well, at least five minutes.

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And then, suddenly, it was quiet.

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And then I knew.

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I knew something wasn't right.

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-Your Honour...

-Just keep to the facts, please, Mrs Lloyd.

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Were you standing on the pavement?

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That's right.

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And did you stay on the pavement?

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Well, yeah.

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I mean, I'm not going to stand in the middle of a busy road, am I?

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So you were say, what, erm...

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Ten feet away?

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About that.

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See, Mrs Lloyd,

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these vans have double-thickness panels in the walls.

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In fact, they're so soundproof that, well, as you told us,

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Mr Ward and his colleague initially didn't hear the prisoners escaping.

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So how do you expect us to believe that you could hear

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exactly what Doyle was saying from that distance?

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I know what I heard.

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I heard that boy dying.

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SOBBING

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Ahem...

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Mrs Lloyd,

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I suggest, from that distance of ten feet,

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given the weather and the traffic,

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it would have been impossible to hear what someone was saying

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inside that van, no matter how loud they shouted.

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Well, maybe I've got better hearing than most.

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Ahem...

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She's lying. And you just let her.

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I know she is.

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I pushed as hard as I could,

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but I can't accuse a witness of perjury unless I can prove it.

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They believed every word.

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The most convincing witnesses are the ones who believe they're right.

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-Now, whether they are or not, that's not the point.

-Then put me up there, and I'll tell 'em.

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He never called for help.

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He called me a this, that and the other,

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and told me to open the doors, but he never called for help.

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And he didn't "just suddenly go quiet".

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I banged on the side and told him to pipe down.

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The trouble is, we only have your word against hers.

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-Do you think I'd have left that lad in there if I thought he was in trouble?

-That's not what I'm saying.

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Because rules or no rules, I'd have had him straight out and sod the guidelines.

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Wouldn't be the first time.

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You've ignored the guidelines in the past?

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I didn't say that.

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Don't you start putting words in my mouth.

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I know how you lot work.

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Mr Ward. I am not trying to trip you up.

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But they're making out that you followed the rulebooks,

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regardless of the consequences.

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Yeah, cos I'd have lasted 20 years in a custody suite if that's how I did things.

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What about now?

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What matters is the company's standing by me

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because I stuck to their rules.

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Which, in this case, is exactly what I did.

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But if there's a problem with the way V&R do things,

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then I need to know.

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I never said there was a problem.

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Mr Ward,

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I can't do my job if I don't have the full picture.

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Your job is to represent me.

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And I've told you what I want.

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Fatima...

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It's true.

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He's dead because of me.

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I understand you feel responsible for what happened to your brother.

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But that doesn't make you guilty of murder.

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If you plead guilty at this stage,

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that'll be it.

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We won't even have a chance to give your side of the story.

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I really need you to work with me here.

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She just needs time.

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Which we don't have to give her.

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Seriously, George.

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I don't know what else I can do.

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I know you believe in her, but if she won't give me anything else to go on...

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-She's just starting to trust you. You can't bail on her now.

-No. God, of course not.

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-Because I'm really counting on you here.

-I'm just frustrated, that's all.

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I'll think of something.

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Good.

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See you later.

0:21:250:21:26

I reckon 25.

0:21:350:21:37

Nah, he's got to be older than that. I'd say at least 30.

0:21:370:21:39

Not bad looking, though.

0:21:390:21:41

You reckon?

0:21:410:21:42

LAUGHTER

0:21:430:21:46

What's the occasion?

0:21:460:21:47

Drinks for our new pupil.

0:21:470:21:50

-Seriously?

-Seemed the least we could do after you abandoned him.

0:21:500:21:53

I didn't abandon him.

0:21:530:21:55

Don't take it out on Daniel because you couldn't get your own way.

0:21:550:21:58

It's just petty, and frankly, it makes you look like a tosser.

0:21:580:22:01

I had a con with a very scared, very devout Muslim client.

0:22:010:22:04

She isn't comfortable being in the same room as me,

0:22:040:22:06

let alone some bloke she's never even met before.

0:22:060:22:09

-I didn't know.

-No, well...

0:22:090:22:10

How did it go?

0:22:110:22:13

Terrible.

0:22:130:22:14

George is convinced she's going to open up eventually,

0:22:140:22:17

but I'm not so sure.

0:22:170:22:19

You've got to find a way to make her feel safe.

0:22:190:22:22

You want her to share stuff with you,

0:22:220:22:24

you've got to share something with her first.

0:22:240:22:27

Like what?

0:22:270:22:28

SHE SIGHS

0:22:280:22:29

Well, I don't know, Clive.

0:22:290:22:30

You must've had a dog that died, or...

0:22:300:22:33

Or a nanny that got sacked for stealing the silver.

0:22:330:22:35

Do we still have to call him Sir even though he's just a pupil?

0:22:370:22:40

Oh, yeah.

0:22:400:22:41

Yeah. Always. It's like this rule.

0:22:420:22:45

And you're not supposed to talk to them anyway.

0:22:450:22:47

Not unless it's about work.

0:22:470:22:50

Or parking.

0:22:510:22:52

Right.

0:22:520:22:54

Well, it's a pretty big deal, isn't it?

0:22:540:22:57

Having a company in the dock for manslaughter?

0:22:570:22:59

Well, except the only person actually in the dock is my client.

0:22:590:23:02

Meanwhile, the company gets to hide behind 300 pages

0:23:020:23:05

of employee guidelines.

0:23:050:23:06

Hmm. Sounds familiar.

0:23:060:23:08

You ever read Code C of the Codes of Practice?

0:23:080:23:10

-For custody officers?

-Mmm.

0:23:100:23:11

-Once or twice.

-Mm-hmm.

0:23:110:23:13

Will you miss being a police officer?

0:23:140:23:17

No.

0:23:170:23:19

Wasn't for me.

0:23:190:23:21

I could see the appeal, being part of something bigger.

0:23:210:23:24

Knowing the other guys have got your back. I think that's what ex-coppers miss the most. The support network.

0:23:240:23:29

But no.

0:23:290:23:31

Thank you.

0:23:440:23:45

Your room has a lock, doesn't it?

0:23:470:23:49

Best not. Might end up with the pupil joining us.

0:23:490:23:52

I'm game if you are.

0:23:520:23:53

I'll get my bag.

0:23:530:23:54

Ready?

0:24:140:24:15

Yeah.

0:24:150:24:16

-CLERK:

-All rise.

0:24:490:24:50

There was a bit of a hold-up when we got to the van.

0:24:540:24:56

But he was just asking how far it was,

0:24:560:24:58

because he was worried about his mum getting there for visits.

0:24:580:25:01

So did Richard Doyle seem reluctant to get in?

0:25:010:25:05

Not really. But the other blokes were getting wet, so there was a bit of pushing and shoving.

0:25:050:25:09

-So he wasn't reluctant, but had to be pushed into the van?

-No.

0:25:090:25:15

The step gives way a bit, and it was slippery, so he sort of stumbled.

0:25:150:25:18

And fell against the door.

0:25:180:25:20

But he was fine when I locked him in.

0:25:200:25:22

And during the escape,

0:25:220:25:24

what state was Richard Doyle in then?

0:25:240:25:26

I don't know.

0:25:260:25:28

I was chasing the other guys.

0:25:280:25:29

Didn't even know if he was still in the van.

0:25:290:25:31

And when you finally returned,

0:25:320:25:35

having failed to recapture the escapees,

0:25:350:25:39

what state was he in then?

0:25:390:25:42

Er...

0:25:420:25:43

He was dead.

0:25:430:25:44

And at all times,

0:25:440:25:46

you were following the guidelines laid down by V&R Security?

0:25:460:25:51

Yes.

0:25:510:25:52

Thank you, Mr Wright.

0:25:520:25:54

Mr Wright...

0:25:590:26:01

The employee's handbook states, does it not,

0:26:030:26:06

that officers should err on the side of caution

0:26:060:26:10

when dealing with vulnerable prisoners?

0:26:100:26:12

By which they mean those with pre-existing

0:26:120:26:16

physical or mental conditions.

0:26:160:26:18

Well, yeah.

0:26:180:26:19

You don't want to get sued.

0:26:190:26:21

And if a condition, such as a panic disorder,

0:26:210:26:23

had been entered into the Prisoner Escort Record,

0:26:230:26:26

then that prisoner should be regarded as vulnerable,

0:26:260:26:29

is that right?

0:26:290:26:30

Well, yeah.

0:26:300:26:32

So...

0:26:320:26:35

Whilst it's accepted procedure during an escape attempt

0:26:350:26:39

to secure any remaining prisoners in the vehicle,

0:26:390:26:41

if a vulnerable prisoner should require assistance during that time,

0:26:410:26:46

you'd understand those guidelines to mean

0:26:460:26:48

that you should help that prisoner?

0:26:480:26:50

I guess you ought to check it out pretty quickly.

0:26:500:26:52

Which means,

0:26:520:26:54

if your colleague had followed the company guidelines correctly,

0:26:540:26:59

he'd have gone to Richard Doyle's assistance straight away?

0:26:590:27:02

Er...

0:27:020:27:03

Well...

0:27:070:27:08

Yeah.

0:27:100:27:11

Thank you, Mr Wright.

0:27:130:27:15

-I thought we were standing together.

-Well, we still have to fight our own corners.

0:27:210:27:24

That wasn't fighting your own corner, that was cutting Michael Ward's throat.

0:27:240:27:29

I'm sorry you see it that way.

0:27:290:27:30

-Did you know he was going to say that?

-No, I didn't.

0:27:360:27:39

-He basically said it was my fault.

-I know...

0:27:390:27:41

All that stuff about the guidelines nd vulnerable prisoners,

0:27:410:27:45

it's just a load of rubbish.

0:27:450:27:46

Yeah, but it is in the guidelines?

0:27:460:27:48

Yeah, but you've seen that handbook, it's the size of a bloody house,

0:27:480:27:51

you couldn't apply half of it even if you wanted to because we don't have the manpower.

0:27:510:27:54

-Well, what do you do?

-Use your common sense and experience.

0:27:540:27:57

That's why they hire ex-coppers.

0:27:570:27:59

They need people they can trust, and then they expect you to get on with it.

0:27:590:28:02

They're sending over up-to-date copies of the handbook

0:28:080:28:11

and all the training software.

0:28:110:28:13

But if the bike's not here in the next half an hour,

0:28:130:28:15

you need to chase it up.

0:28:150:28:16

-Yes, Miss.

-And open the package as soon as it arrives.

0:28:160:28:19

I want to be sure the discs they're sending are ones we can actually use.

0:28:190:28:22

Oh, Daniel, are you busy?

0:28:220:28:24

He's doing an advice for me.

0:28:240:28:26

-No, I'm almost done.

-No, it's all right.

0:28:260:28:28

Bethany.

0:28:280:28:29

I need you to find every previous case involving V&R Security Ltd.

0:28:290:28:33

That means inquests, civil prosecutions, the works.

0:28:330:28:36

-And if you don't know where to look, you need to ask John.

-Yeah.

0:28:360:28:40

Billy Lamb.

0:28:440:28:45

Yeah, yeah!

0:28:450:28:47

You're not wrong there. It's a crying shame.

0:28:470:28:50

I could barely watch the second half.

0:28:500:28:52

Listen, Harry, I've got some information I think we should share.

0:28:520:28:55

And we are talking about the current transfer window?

0:28:560:28:59

You are sure about that?

0:28:590:29:00

Positive.

0:29:000:29:02

She met the manager last Friday.

0:29:020:29:04

Still got to pass the medical.

0:29:040:29:06

Negotiations are advancing.

0:29:070:29:09

You'll forgive me for saying this, Harry,

0:29:090:29:11

but you don't seem entirely surprised.

0:29:110:29:13

Well, the old sixth sense had been twitching a bit.

0:29:130:29:15

Ha, I should say.

0:29:150:29:17

Your biggest player. Trying to sign for someone else.

0:29:170:29:20

Question is, what are you going to do about it?

0:29:210:29:24

Sometimes it's best to let these things take their course.

0:29:290:29:33

SHE EXHALES DEEPLY

0:29:500:29:52

Go home, Miss.

0:29:520:29:54

A girl's got to sleep.

0:29:540:29:55

I'll sleep when I'm dead.

0:29:560:29:59

Oooh, quoting Warren Zevon? Things must be desperate.

0:29:590:30:01

It's Bon Jovi, actually.

0:30:010:30:03

-Ah.

-But yeah.

0:30:030:30:04

Yeah, they are a bit.

0:30:060:30:07

Anything I can do?

0:30:070:30:09

Remind me never to trust a defence barrister.

0:30:100:30:13

Goodnight, Miss.

0:30:200:30:21

I need your permission to take a different approach.

0:30:460:30:49

What do you mean?

0:30:490:30:50

After what happened yesterday, it's not enough saying you just followed the rules,

0:30:500:30:54

because the company are now saying that's not true.

0:30:540:30:56

-You mean that barrister is. He was the who's trying to...

-No, no.

0:30:560:30:59

He's only following their instructions.

0:30:590:31:02

They can't do that.

0:31:050:31:06

They said they'd stand by me.

0:31:060:31:08

-They said...

-Whoa, whoa, whoa... What did they say?

0:31:080:31:10

They said the prosecution would try to divide us,

0:31:130:31:16

use my word against theirs to make us all look guilty.

0:31:160:31:18

So the best thing we could do was stand together.

0:31:180:31:22

If I started making waves, it'd just look like I was blaming them.

0:31:230:31:26

Well, that's why you've got me.

0:31:260:31:28

I like making waves.

0:31:280:31:30

And, trust me,

0:31:310:31:33

they don't deserve your loyalty.

0:31:330:31:36

Mr Purdey.

0:31:390:31:40

You're Head of Operations for V&R Security,

0:31:400:31:43

with responsibility for the recruitment and training

0:31:430:31:46

of all employees, are you not?

0:31:460:31:48

I am.

0:31:480:31:49

We want to ensure that our staff have the skills

0:31:490:31:52

to deal with every eventuality.

0:31:520:31:54

And you personally oversaw the compilation of the handbook

0:31:540:31:57

which outlines the protocols they're expected to follow?

0:31:570:32:00

I did.

0:32:000:32:01

We tried to ensure that the guidelines

0:32:010:32:04

were as clear and comprehensive as possible,

0:32:040:32:07

in order to limit the margin for human error.

0:32:070:32:11

Your Honour...

0:32:110:32:12

Could the jury please disregard Mr Purdey's reference to human error?

0:32:120:32:16

That has not yet been established.

0:32:160:32:19

Point taken, Miss Costello.

0:32:210:32:23

Ahem...

0:32:260:32:27

SHE SIGHS

0:32:300:32:32

Mr Purdey, I've been reading your employee handbook,

0:32:320:32:34

and I wondered if you could help me with something?

0:32:340:32:38

I'll certainly try.

0:32:380:32:41

It says here...

0:32:410:32:42

When I find it...

0:32:420:32:43

"If a prisoner requests medical assistance prior to transportation,

0:32:480:32:52

"the officer in charge should:

0:32:520:32:54

"A - arrange for the prisoner to be seen by a doctor immediately,

0:32:540:32:57

"B - inform the prison to have medical assistance standing by,

0:32:570:33:01

"or C - alert the prisoner escort officers to the request,

0:33:010:33:05

"and take no further action, depending on the seriousness of the prisoner's condition."

0:33:050:33:11

Right.

0:33:110:33:12

So how does the officer decide how serious the prisoner's condition is?

0:33:120:33:16

Well, as you'll see, there are a number of determining factors.

0:33:160:33:20

Let's say a headache for example?

0:33:200:33:22

Well, there are headaches and headaches.

0:33:230:33:26

Say a...

0:33:260:33:27

A bad headache, but the prisoner can still walk and talk.

0:33:270:33:31

I would probably inform the prison

0:33:310:33:34

that they may need medical attention on arrival.

0:33:340:33:37

Right.

0:33:370:33:38

Which is what your officer did in July, 2009,

0:33:380:33:42

when Lucas Freeman complained of a headache

0:33:420:33:46

prior to a seven-hour journey in the back of one of your vans.

0:33:460:33:49

And that headache turned out to be meningitis, didn't it?

0:33:490:33:52

That...that was a very particular case.

0:33:520:33:55

And that officer who had followed your guidelines

0:33:550:33:58

and reached the same conclusion that you just did then...

0:33:580:34:02

He was sacked for negligence.

0:34:020:34:04

So the guidelines didn't work,

0:34:040:34:06

and your employee took the blame.

0:34:060:34:09

And as a result of that inquest,

0:34:090:34:11

weren't you ordered to make improvements

0:34:110:34:14

to your employee training procedures?

0:34:140:34:16

Which we did. We complied with all the coroner's rulings.

0:34:160:34:20

The coroner also said you should have three officers per van,

0:34:200:34:23

didn't he?

0:34:230:34:25

So that one could travel in the back.

0:34:250:34:27

We are in the process of increasing our staffing levels.

0:34:280:34:32

Right.

0:34:320:34:33

Yet, here in the latest edition of your handbook, it says...

0:34:330:34:41

"One officer must monitor the prisoners inside the van,

0:34:410:34:46

"whilst one officer secures the exterior,

0:34:460:34:49

"and another liaises with the emergency services."

0:34:490:34:52

So that's, what? Oh, three in total.

0:34:520:34:55

Well, as I say, we are aiming...

0:34:550:34:56

But in the meantime,

0:34:560:34:58

how can two officers be expected to follow your protocols

0:34:580:35:03

when they're a man short?

0:35:030:35:04

The fact is, if there'd been a third officer in the back of that van,

0:35:040:35:08

that third officer that you should have hired...

0:35:080:35:11

..Richard Doyle would still be alive today.

0:35:120:35:15

Um...

0:35:220:35:24

Making us look bad won't make your client look any less negligent.

0:35:240:35:27

I have to say that was extremely short-sighted.

0:35:270:35:30

I'm sorry you see it that way.

0:35:310:35:34

He's still the one who heard a dying man's cries and did nothing.

0:35:340:35:37

The jury won't forget that.

0:35:370:35:39

Ahem...

0:35:410:35:42

-So what do you think? It went well, right?

-Well, to a point.

0:35:420:35:44

There's still the issue of negligence.

0:35:440:35:47

What? So I've burned my bridges with V&R, and now you're telling me I'm no better off than I was before?

0:35:470:35:52

Look, talk me through what you heard when Doyle was inside the van.

0:35:520:35:55

I told you what I heard.

0:35:550:35:56

You mean did he shout, "Argh, my chest hurts?, I think I'm dying"?

0:35:560:36:00

Er...

0:36:000:36:01

What if I'd opened that door ten minutes earlier? Or even five?

0:36:040:36:08

Would it have made a difference?

0:36:080:36:11

Well, would it?

0:36:140:36:16

I very much doubt it.

0:36:170:36:18

But you can't say for sure, can you?

0:36:200:36:22

No-one can.

0:36:220:36:24

DOOR OPENS

0:36:310:36:32

Billy?

0:36:320:36:33

You realise this is it now, Sir? You and George. You're in it for life.

0:36:370:36:41

It's a little melodramatic.

0:36:410:36:42

Not at all.

0:36:420:36:44

Because if anything goes wrong, it's not just you that loses work.

0:36:440:36:48

You think poor, heartbroken Miss Duggan

0:36:480:36:51

is going to instruct anyone else in chambers

0:36:510:36:53

when she might run the risk of bumping into you?

0:36:530:36:55

-George isn't like that. Sex and work. They're two separate things.

-Well, I hope you're right, Sir.

0:36:550:36:59

Because mess this up and it gets back to Alan,

0:36:590:37:02

well, you won't be forgiven a second time.

0:37:020:37:05

Something you might want to think about.

0:37:050:37:08

-Clive!

-Sorry, I got held up.

0:37:160:37:18

She's been waiting 20 minutes. The hearing's tomorrow.

0:37:180:37:21

Well, I'm here now.

0:37:210:37:22

HE SIGHS

0:37:230:37:25

Oh, thank you so much.

0:37:250:37:27

Completely parched.

0:37:270:37:30

HE SIGHS

0:37:300:37:32

HE SIGHS

0:37:430:37:44

HE SIGHS

0:37:490:37:50

You know, when I was quite young...

0:38:020:38:04

..I was about six or seven...

0:38:060:38:08

..I was sent away to school.

0:38:090:38:11

I was really excited,

0:38:140:38:15

I thought it was going to be this great adventure,

0:38:150:38:17

but for some reason, when I got there,

0:38:170:38:19

I discovered that my face just didn't fit.

0:38:190:38:21

There was a group of boys in my year, and...

0:38:250:38:29

Well...

0:38:290:38:30

They decided they didn't like me, and that was that.

0:38:300:38:32

It was your basic nasty bullying.

0:38:360:38:37

It was cruel, and sometimes it was...

0:38:400:38:42

It was actually quite violent.

0:38:420:38:44

But while I hated them and I hated what they were doing to me...

0:38:460:38:49

..a part of me felt guilty.

0:38:510:38:53

It was as if they could see something in me that...

0:38:550:38:58

deserved to be punished.

0:38:580:38:59

And the worst part was that I ended up feeling like they might be right.

0:39:030:39:06

Six years old.

0:39:110:39:12

Those boys made me feel so ashamed,

0:39:150:39:18

that it never even occurred to me to ask for help.

0:39:180:39:21

Because you can still feel guilt,

0:39:230:39:26

terrible, overwhelming guilt,

0:39:260:39:29

even when something isn't your fault.

0:39:290:39:31

But it doesn't mean you deserve to be punished.

0:39:350:39:38

Hey, Marth.

0:39:470:39:49

Took your advice.

0:39:490:39:50

What advice?

0:39:500:39:51

About the whole "I'll show you mine if you show me yours" thing.

0:39:510:39:55

Nice.

0:39:550:39:56

Yeah, it worked.

0:39:560:39:57

Good.

0:39:570:39:58

It was completely knackering.

0:39:580:40:00

-Do you do that every time?

-Pretty much.

0:40:010:40:03

I don't know how you manage it.

0:40:040:40:07

Listen, do you want to go for a drink?

0:40:080:40:10

Can't. I've got a con.

0:40:100:40:12

Anyway, I thought you'd have plans?

0:40:120:40:15

No. Not tonight.

0:40:150:40:16

Oh, why? Has she finally seen through you?

0:40:160:40:20

No.

0:40:210:40:23

Erm.. listen, I was wondering if we could talk...

0:40:250:40:28

The Old Street Lounge and Bar, know it?

0:40:280:40:30

No. Can't say I do.

0:40:300:40:31

Good. Can you both be there at 8:30 on Friday?

0:40:310:40:35

Sure.

0:40:370:40:39

Excellent.

0:40:390:40:40

That's very cryptic.

0:40:450:40:47

Anyway, listen...

0:40:470:40:48

-PHONE RINGS

-Sorry, sorry...

0:40:480:40:50

Sorry. Liam. Hiya.

0:40:520:40:54

Yeah. Yeah, thanks for doing this.

0:40:540:40:57

You can still come here? Great. Yeah.

0:40:580:41:02

I'll scrounge together some chambers booze.

0:41:020:41:05

SHE LAUGHS

0:41:060:41:07

You'll be lucky!

0:41:070:41:08

We're not 18 any more, you know.

0:41:080:41:10

Yeah. See you then.

0:41:100:41:13

'Prof Nyman, I've heard of,'

0:41:130:41:14

but where did you find this second pathologist? Dr Miles Radcliffe?

0:41:140:41:18

Oh, we didn't.

0:41:180:41:19

The coroner ordered a second independent postmortem before he released the body,

0:41:190:41:23

and then by the time CPS brought charges,

0:41:230:41:26

it was too late to do another.

0:41:260:41:27

And no-one called him as a witness?

0:41:270:41:30

Well, there didn't seem much point. He basically agreed with Nyman.

0:41:300:41:33

Why?

0:41:350:41:36

It just seems a bit odd.

0:41:370:41:39

Two separate pathologists,

0:41:390:41:40

both so eager to go with a diagnosis of Long QT syndrome.

0:41:400:41:44

Is it that unusual?

0:41:440:41:45

It's fairly unusual. But it's more that the original report

0:41:450:41:48

mentioned blood in the abdomen and bruising around the liver.

0:41:480:41:53

So I can't understand why they were so quick to rule out an abdominal bleed as cause of death.

0:41:530:41:57

Nyman put it down to later injuries caused by CPR.

0:41:570:42:01

-He said he couldn't find another source.

-I know.

0:42:010:42:03

Which makes me wonder how hard he looked.

0:42:030:42:05

Because you'd struggle to get a bruise in that location from CPR.

0:42:050:42:09

Well, what else could've caused it?

0:42:090:42:11

Maybe a blow or a fall.

0:42:120:42:14

A fall?

0:42:140:42:15

This guy had pretty acute cirrhosis.

0:42:170:42:19

His clotting factors would've been massively reduced.

0:42:190:42:22

It wouldn't take much to cause a serious bleed.

0:42:220:42:24

OK, so, say they're wrong,

0:42:240:42:27

and say Doyle did die from internal bleeding -

0:42:270:42:30

would he have been shouting out, saying he was in pain?

0:42:300:42:33

It's more likely he would have got gradually quieter and weaker

0:42:330:42:37

till he lost consciousness.

0:42:370:42:39

I hope that helps.

0:42:410:42:42

Definitely.

0:42:420:42:44

Here, we'd better finish this and then I can hide the evidence.

0:42:450:42:49

OK. But I haven't got long.

0:42:490:42:52

I promised I'd get back for bathtime.

0:42:520:42:54

THEY CHUCKLE

0:42:540:42:55

You busy?

0:43:000:43:01

No.

0:43:020:43:03

Get hold of as much background information as you can on Dr Miles Radcliffe.

0:43:030:43:07

Home Office pathologist.

0:43:070:43:08

Oh, and look into Professor Stephen Nyman while you're at it.

0:43:080:43:13

Am I looking for something specific?

0:43:130:43:15

I don't know yet.

0:43:150:43:16

But I've got a nagging feeling that I've missed something.

0:43:160:43:19

So...just start looking and see what you find.

0:43:190:43:21

Yes, ma'am.

0:43:210:43:23

Sorry, force of habit.

0:43:250:43:26

Yeah, well, don't - it makes me feel like the Queen!

0:43:260:43:30

How's our girl?

0:43:360:43:38

Thriving. She's got a landmark case on at the moment.

0:43:380:43:41

-Defending?

-Course!

0:43:410:43:43

What about Lady Macbeth? Find her friend, did you?

0:43:450:43:49

Oh, yeah. That's handled.

0:43:490:43:52

Funny thing is, Harry Loughton says she won't be missed.

0:43:520:43:55

A silk, one of his biggest earners, he's happy to wave goodbye?

0:43:550:43:59

Seems there's...issues.

0:43:590:44:02

Woman like that, it's usually drink or depression.

0:44:020:44:06

Or she's shagged too many married tenants.

0:44:060:44:08

-Could be.

-Hang on. Nearly forgot.

0:44:080:44:11

Aren't you going to count it?

0:44:120:44:15

Well, if you can't trust a solicitor...

0:44:150:44:16

THEY CHUCKLE

0:44:160:44:18

There she is.

0:44:190:44:21

Billy. Congenital means "from birth", doesn't it?

0:44:210:44:24

-I think so. Time for a quick chat, Miss?

-Not really.

0:44:240:44:26

It's important.

0:44:260:44:28

Five minutes.

0:44:300:44:31

Alan wants us to diversify,

0:44:350:44:37

which means bringing in more prosecution work.

0:44:370:44:39

-And more prosecutors?

-Yes.

0:44:390:44:41

I'm not asking you to confirm or deny this, but I'm just saying.

0:44:410:44:45

If we were looking for prosecutors,

0:44:450:44:47

Caroline Warwick may not be the way to go.

0:44:470:44:50

-Why not?

-There's been issues at her current chambers.

0:44:500:44:52

What issues?

0:44:520:44:54

-They've kept it quiet, but I've heard a rumour...

-Oh, let me guess,

0:44:540:44:57

is it booze? Or maybe a nervous breakdown?

0:44:570:44:59

-Before you jump down...

-Common knowledge, isn't it? All female barristers either drink,

0:44:590:45:03

shag around or lose cases when they're premenstrual.

0:45:030:45:05

I disagree, I know at least two that are teetotal and celibate.

0:45:050:45:08

-But the rest of us are workaholic spinsters who don't play well with others.

-Hear me out...

0:45:080:45:12

No, actually I won't. You know what, Billy? To be honest, I expected better.

0:45:120:45:16

You know, it's weird, private fees are way down this quarter.

0:45:210:45:25

Yeah, well, it's the nature of the business, John.

0:45:250:45:28

Everything goes in cycles.

0:45:280:45:29

One minute you're in favour, next minute you're not.

0:45:290:45:32

It's good to remember that.

0:45:330:45:35

Thanks.

0:45:370:45:38

The Home Office gave me the runaround.

0:45:400:45:42

But I finally got through to a woman in hospital administration

0:45:420:45:45

and after a bit of persuading she sent me through Radcliffe's full employment record.

0:45:450:45:49

-And what about Nyman?

-She had his on file, as well.

0:45:490:45:51

Really?

0:45:510:45:52

Turns out Radcliffe used to be Nyman's senior registrar. And when he applied to go

0:45:520:45:56

on the Home Office list last year, guess who he gave as referee?

0:45:560:45:59

And nobody in the Coroner's office picked up on this?

0:45:590:46:01

That their two "independent experts" are old colleagues?

0:46:010:46:05

-Well, it's a small pool. Chances are a lot of them know each other.

-Yeah, but Nyman's his boss.

0:46:050:46:09

His bloody mentor by the sounds of it.

0:46:090:46:11

No wonder he didn't want to contradict him. What are those?

0:46:110:46:15

-I just did a trawl and printed off everything I could find online about Professor Nyman.

-OK.

0:46:150:46:19

Good.

0:46:210:46:22

-Fancy a beer?

-Yeah, sure.

0:46:230:46:26

Oh. Sorry. We thought you were pizza.

0:46:420:46:44

-Excuse me?

-Clive? What are you doing here?

0:46:440:46:47

What's going on?

0:46:480:46:49

We're working.

0:46:500:46:52

Oh for God's sake, Clive.

0:46:520:46:55

So how come you're only looking into the pathologists' report now?

0:47:100:47:13

Because I never had reason to question the cause of death before.

0:47:130:47:17

-You know, maybe...

-I've got something.

0:47:290:47:32

No.

0:47:320:47:33

It's the transcript from a GMC hearing in 2008.

0:47:330:47:36

Radcliffe?

0:47:360:47:37

No, Nyman. They temporarily suspended his licence.

0:47:370:47:41

We're back in.

0:47:420:47:43

Listen, I'm gonna leave you to it.

0:47:490:47:53

-OK. Wasn't there something you...

-No, no. It's fine.

0:47:540:47:57

When did they let him back on the Home Office list?

0:48:070:48:10

I'm not saying my learned colleague was aware of the GMC ruling...

0:48:240:48:28

I should hope not.

0:48:280:48:29

But clearly the information should have been disclosed.

0:48:290:48:33

Your Honour, Professor Nyman was originally retained by the coroner's office,

0:48:330:48:37

it appears an assumption was made...

0:48:370:48:39

You still have a continuing duty to disclose, Mr McKinley.

0:48:390:48:42

That is non-negotiable.

0:48:420:48:43

Yes, Your Honour.

0:48:440:48:45

Your application to have Professor Nyman recalled is granted, Miss Costello.

0:48:450:48:51

As is the application to adduce bad character.

0:48:510:48:54

Professor Nyman,

0:49:040:49:05

how many cases of Long QT Syndrome have you diagnosed over the past five years?

0:49:050:49:11

I couldn't say off the top of my head.

0:49:110:49:13

But you're considered quite an authority on it, aren't you?

0:49:130:49:16

You've written papers and so on.

0:49:160:49:19

That's correct. But I couldn't give an exact figure without checking my files.

0:49:190:49:23

Well, let's focus on two, shall we?

0:49:230:49:26

Margaret Blakefield and Antony Dowling.

0:49:260:49:30

Now, you performed postmortems on both of them,

0:49:310:49:34

and reached a conclusion of fatal arrhythmia in both cases.

0:49:340:49:39

Yes.

0:49:390:49:41

But that conclusion was challenged by three other pathologists,

0:49:410:49:46

wasn't it?

0:49:460:49:47

There was a difference of opinion. It happens.

0:49:470:49:49

A "difference of opinion" which led to a disciplinary hearing in front of the GMC

0:49:490:49:54

and a temporary suspension of your Home Office accreditation?

0:49:540:49:58

Yes...

0:50:000:50:01

Because the GMC believed that you showed, and I quote...

0:50:010:50:06

"..a reluctance to change from your original findings,

0:50:080:50:12

"even when presented with directly contradictory evidence".

0:50:120:50:16

I can see that it might be confusing for a lay person...

0:50:190:50:22

Oh actually, no.

0:50:220:50:24

It's very clear.

0:50:250:50:27

You're so keen to find evidence of your pet theory

0:50:280:50:32

that you've been repeatedly shown to miss the more obvious causes of death.

0:50:320:50:38

Professor Nyman. If you suffer from a loss of hearing,

0:50:430:50:46

as a result of a bout of mumps, can that be called congenital deafness?

0:50:460:50:51

-No, it cannot.

-I see.

0:50:540:50:56

And what does the term "SUDEP" mean?

0:50:570:51:00

Sudden Death In Epilepsy.

0:51:030:51:04

It's when someone dies from an epileptic attack.

0:51:040:51:07

Right.

0:51:070:51:09

So if Richard Doyle lost his hearing after having mumps

0:51:090:51:13

and if his uncle died from an epileptic fit,

0:51:130:51:17

would those factors be relevant to a diagnosis of Long QT Syndrome?

0:51:170:51:22

No, they would not.

0:51:240:51:26

And yet you based your conclusion

0:51:260:51:29

that he suffered a fatal arrhythmic attack on those very factors?

0:51:290:51:32

-I wasn't aware...

-But surely you read Doyle's medical history?

0:51:320:51:37

Clearly you spoke to his next of kin.

0:51:370:51:40

I mean, you must have been aware that he suffered from cirrhosis of the liver?

0:51:400:51:45

Yes, of course.

0:51:450:51:47

Which means that if he received a blow to his abdomen,

0:51:470:51:50

in the region of his liver, it could cause a bleed?

0:51:500:51:54

Possibly one serious enough to kill him?

0:51:540:51:59

It's possible, in theory,

0:52:000:52:02

but he didn't receive any such blow prior to his death.

0:52:020:52:07

But we know now that Doyle lost his footing on the step into the van.

0:52:070:52:12

I mean, couldn't the bruising that you attributed to CPR

0:52:120:52:16

actually have come from falling against the prison van door?

0:52:160:52:18

I don't believe so, no.

0:52:180:52:20

Professor Nyman, was there sufficient blood in Richard Doyle's abdomen

0:52:200:52:24

to fit with a diagnosis of internal haemorrhage?

0:52:240:52:28

It's not simply a question of volume...

0:52:290:52:32

Yes or no, Professor Nyman?

0:52:320:52:33

Yes!

0:52:330:52:35

GALLERY MURMURS

0:52:350:52:36

And had he suffered this bleeding as a result of a blow to his liver,

0:52:440:52:49

could his death really have been caused by the stress

0:52:490:52:53

of being locked in the back of that van?

0:52:530:52:55

Clearly not.

0:52:570:52:59

And would his chances of survival have been greatly increased

0:52:590:53:02

if he'd received medical aid 20 minutes earlier?

0:53:020:53:07

It's unlikely.

0:53:090:53:10

Thank you, Professor Nyman.

0:53:130:53:15

-Shall we wait here?

-They'll call us back in when they're ready for us.

0:53:260:53:29

Maybe you should get a coffee?

0:53:300:53:32

In respect of count one on the indictment,

0:53:470:53:50

that of corporate manslaughter, do you find the defendants,

0:53:500:53:53

V&R Security Ltd, guilty or not guilty?

0:53:530:53:59

Not guilty.

0:54:000:54:01

And in respect of count two on the indictment,

0:54:060:54:09

that of gross negligence manslaughter,

0:54:090:54:11

do you find the defendant, Michael Ward,

0:54:110:54:15

guilty or not guilty?

0:54:150:54:16

Not guilty.

0:54:210:54:22

GALLERY MURMURS

0:54:220:54:23

No hard feelings, I hope?

0:54:440:54:45

We got the right result in the end.

0:54:450:54:47

Did we?

0:54:470:54:49

Enjoy your victory, Martha. I certainly shall.

0:54:500:54:54

Right. First round's on me. Better a lush than a spinster.

0:54:570:55:02

-Sorry?

-Doesn't matter.

0:55:020:55:04

Jesus, Billy. What the hell are you doing?

0:55:090:55:13

I'm looking at the bigger picture, sir.

0:55:130:55:14

In the dark?

0:55:140:55:16

Do my best thinking in the dark.

0:55:160:55:19

I think about my barristers

0:55:190:55:20

and how I can make sure they achieve their potential.

0:55:200:55:24

'Cos that's what I do. I plan ahead.

0:55:240:55:26

Good to know.

0:55:270:55:28

Now, another barrister, like, say, Caroline Warwick,

0:55:280:55:34

they might put work your way to get their foot in the door,

0:55:340:55:37

but it won't last, trust me.

0:55:370:55:39

Barristers are like thoroughbreds. Sleek. Focused on winning.

0:55:410:55:45

And utterly selfish.

0:55:450:55:47

That's why you need me. Looking out for you long-term.

0:55:490:55:52

Something to bear in mind when she makes her application.

0:55:540:55:56

Nice of you to join us.

0:56:160:56:18

Yeah.

0:56:180:56:19

Listen, Marth, I've had a letter from the Bar Standards Board.

0:56:220:56:25

About Oxford?

0:56:250:56:26

I really need your help.

0:56:290:56:31

Jesus, Clive.

0:56:320:56:34

Well, I'm afraid I've dragged you both here for no reason.

0:56:350:56:38

Our esteemed colleague seems to have had an attack of the jitters.

0:56:380:56:42

She's changed her mind?

0:56:420:56:43

Wants to take a rain check.

0:56:430:56:45

You didn't mention this evening to anyone, did you?

0:56:450:56:48

Got the impression she was worried there'd been a leak.

0:56:480:56:50

George Duggan is for Christmas. Silk is for life.

0:57:320:57:35

I've never felt like this before, so this is more difficult for me than I can say.

0:57:350:57:38

This work, it will corrupt your every waking moment.

0:57:380:57:42

And when you lose, I don't want that for you.

0:57:420:57:46

I know about the Ali family.

0:57:460:57:47

What do you know?

0:57:470:57:49

Fatima. Tell us what happened that night, with your family.

0:57:490:57:53

Are you an angry man, Mr Ali?

0:57:530:57:55

I will not talk to someone as ignorant as you.

0:57:550:57:58

GLASS SMASHES

0:57:580:57:59

I'm the Senior Clerk in here!

0:57:590:58:01

What's the matter with you?

0:58:010:58:03

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0:58:050:58:08

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