Episode 5 Silk


Episode 5

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Drugs - heroin importation.

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Farr's arrested and charged. Why do you want her?

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Anyone who spits in my eye is my kind of brief.

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I will not work for that man.

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-CW.

-Are you looking to move?

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

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If we were looking for prosecutors,

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then Caroline Warwick may not be the way to go.

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Fatima Ali.

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

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He's dead because of me.

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Prosecute, and you'll walk into silk.

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I'm really counting on you here.

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It's Billy.

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Nine o'clock.

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It's me.

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Nine o'clock.

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Come on...

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SIREN WAILS

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Tap water. Clean and cold.

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DOOR SQUEAKS

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What are you doing here?

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Sit down.

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-No.

-Think you should.

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-What do you want? Where's Billy?

-It's almost embarrassing -

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you saying no.

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So, if the middle man's not getting it done...

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I've only ever been properly embarrassed once.

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I used to nip off with Hustler magazine

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for an early playtime in the boys' toilets.

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Five minutes with myself.

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Waitress...

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Bye, Micky.

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I have to tell you this. This is something you have to hear.

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He knocked on my cubicle door.

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"Michael Joy. I know you're in there and I know what you're doing." Mr Wilson.

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And what did you do?

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Opened the door, kicked his stupid head in and went out to play.

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What would you like?

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Double espresso.

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Double espresso.

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I told my dad the teacher had tried to feel me up in the toilets. He went berserk.

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School was on the back foot from the start.

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Teacher lost his job.

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The Archway Road took him three months later.

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-Took him?

-It's the A1, technically.

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So, if hitting the tarmac from 100 foot, doesn't kill you,

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the first northbound vehicle will.

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Thank you.

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Have you ever seen an institution lose confidence?

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Watching it happen,

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taught me everything I know about power.

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Power is control of the story.

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Only two people from the school went to the crematorium - me and The Head.

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He was representing the school, I was curious.

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He took me for a cup of tea and a cupcake afterwards,

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and got very heavy about guilt and shame and forgiveness -

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all that Catholic bollocks.

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It was the hardest ten minutes of his career and he knew it,

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but what he didn't know

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was that a piece of pink icing

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was stuck to the lower part of his bottom lip.

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And it moved as he spoke.

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It turned him from what he wanted to be -

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a man with gravitas and moral authority - into something...

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..embarrassing.

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Give that to Billy, will you?

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-What is it?

-£3,000 in used notes.

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Jody Farr's proof of evidence.

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Miss.

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You were here.

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Don't you ever do that again.

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You'd have said no if I'd...

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I'm still saying no.

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That's not what Micky says.

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BAGGAGE SCANNER BLEEPS

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There's nothing to be afraid of.

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Are they here?

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Your father and your brother.

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Today is for us lawyers to sort out bits of housekeeping.

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All you have to do is enter a plea of not guilty - nothing else.

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-Is she here?

-Yeah.

-Good.

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They're going to nick her.

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Why?

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-Breach of bail.

-Oh, Christ. What?

-Contacting a prosecution witness.

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-Does she want to surrender now or afterwards?

-Wait, wait. Who?

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-The brother. Ibrahim.

-What sort of contact?

-Phone calls.

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33 of them.

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All hours of the day and night.

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Well, I mean, she's his sister.

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She's never been apart from her family before, so..

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Yeah. You know what?

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In all the rush to characterize Little Miss Muslim

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as the real victim,

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shall we try and remember she drank 15 whiskies

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and she stuck a jagged bottle so hard into her brother's neck,

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-she could have killed him twice.

-Still, it's a bit harsh to...

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Fight me if you want.

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It's what we're here for.

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33 phone calls.

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Why?

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He's my brother.

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You know this is very serious...

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He's my brother.

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He's always looked after me.

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Of course she thinks they look after her.

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It's what they've been telling her all her life. It's brainwashing.

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-She'll be remanded in custody.

-Don't let that happen.

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It's a murder, George. I'm not a miracle worker.

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-Have you ever seen a more frightened human?

-It doesn't help with bail.

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She's a woman.

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Do that thing you do with women, Clive.

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-...On one piece of paper?

-Yes, ma'am.

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-I need to talk to you.

-Me first.

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-What?

-Jody Farr.

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-You're prosecuting it.

-I need a junior.

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-You're offering me the junior brief in Jody Farr?

-It'll be like America, darling.

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We can wear beautiful suits

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and arrive at court every morning in bright sunshine.

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Publicity will blaze.

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When?

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Monday. I need you to take some witnesses.

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-We'll be a team.

-This won't be finished.

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The trial starts on Wednesday. It's five days.

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And you're committed to her?

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TANNOY RINGS

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Yes, I am.

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Tell me about Ms Ali.

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Break my heart.

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I don't think I've ever seen a more frightened human.

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Broken heart. Wait there.

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RELIEVED SIGH

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-Anything interesting?

-He was present at a robbery.

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Staff member went for the alarm. One of the other robbers shot her dead.

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-Mandatory death penalty.

-What?

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Life and death in the Caribbean.

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-Right.

-The case law - Pratt and Morgan.

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Their Lordships decided that five years on death row

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equals cruel and unusual punishment -

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which means you can't be executed.

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Survive more than five years

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and your death sentence gets commuted to life imprisonment.

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It's weird, isn't it? Final court of appeal for death penalty cases

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-for thousands of miles away here in...

-In Parliament Square, W1.

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I mean, it's a complete anachronism.

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It's indefensible that we kept this power over the legal systems

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of former colonies. But thank God we have.

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So, has he done his five years?

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No.

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23 hours a day

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in a cell

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the size of a chicken coop.

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Television?

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No.

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Books?

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Just your own thoughts.

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They say when you have been sentenced to death,

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you have nothing to lose, so -

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you are, by definition, a dangerous prisoner.

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Visits?

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Once a month.

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No touching.

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(HALTINGLY) I haven't

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hugged my son in two years.

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I want to hug him.

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My whole body tells me I have to hug him.

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He's my child.

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I cannot.

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When you execute a man...

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...you end the lives of his whole family.

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What will I tell my nine-year-old daughter?

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What will I say to her...

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..when they break his neck?

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You know the law.

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Because your son hasn't used the appeals process

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and only two years have passed since he was sentenced...

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I want you to tell the judges two years -

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they may as well be 20. Two years...

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..is a lifetime.

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PHONES RING, PEOPLE CHATTER

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Thank you, bye-bye.

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-What's this? Jackson Henderson?

-That's a Michael Connolly freebie, sir.

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It's a death penalty appeal from the Caribbean. She's doing the con now.

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Con? How?

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-His mother.

-Blow it out.

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-It's a death row case, Billy.

-Yeah. Return it.

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And when Connolly comes out the con

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tell him to go elsewhere with his grim work.

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-A man will be executed...

-I've had it with you answering me back!

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I'm the senior clerk in here!

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What's the matter with you?

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Why hasn't Jackson used the appeals process?

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Who knows what goes through a man's mind.

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Locked in a cell with only death to talk to, Mrs Costello.

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Oh, I'm sorry. I'm not Mrs. I'm a Miss.

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A woman like you?

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A woman as beautiful as you?

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My, my...

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what a world.

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MOBILE PHONE RINGS

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Hello, Billy.

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Yes. No. We're just...

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What? But we just had the con.

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What are you doing? What the hell are you doing?!

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-Not now, Miss.

-Not now?

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What do you mean, not now?

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A man is scheduled to die in a few days time and what?

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This isn't a good time for you?

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Where are you going? Don't walk away from me.

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Don't you dare turn your back on this.

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I've seen what it does - this work.

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It will corrupt your every waking moment and most of your sleep.

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And when you lose,

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I don't want that for you.

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I came to the Bar to do this kind of work.

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-I am doing it, Billy.

-Doing pro bono work

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-for Michael Connolly won't get you the kudos...

-Whoa, what?

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-Or the attention.

-Or the career development?

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One last time, I will NOT represent Jody Farr.

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This is not about THAT.

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How can you ask me to represent that man

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and in the same breath tell me I can't try and save a...

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-Miss!

-If you mention him to me again

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I will take that as a direct challenge to my being here.

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And if that happens,

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I will fight you for the right to stay at Shoe Lane.

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The Crown understands the wider context

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surrounding this tragic death,

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and we are prepared to accept the psychiatric report's finding

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that defendant's state of mind was substantially impaired.

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-Diminished.

-We'll offer no evidence on the murder

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if she pleads to manslaughter.

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Is the judge going to buy this?

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I did a four month fraud last summer in front of him.

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The air conditioning had broken down and he took to wearing

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-nothing under his robes.

-How do you know?

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I know. And he'll buy this if I tell him to.

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Nothing to do with cracking this trial

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so that you and me are free for Jody Farr?

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It is the duty of a prosecutor to be fair.

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And that means working against the urge to win just because you can.

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Fatima Ali isn't a murderer. We can all see that.

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Amazing.

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Yeah. Wasn't easy. She doesn't roll over for just anyone.

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Still, it's as good a deal as you could hope for.

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It's almost a shame we have to say no.

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Don't even tell her about the offer? Is that what you're saying?

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-My job is to get her to think for herself.

-In the meantime, you tell her what to think.

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-Isn't that what everyone's been doing to her all her life?

-I want her to think for herself.

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-She needs to choose now.

-It wouldn't be a real choice. She's not ready. She just feels guilty.

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OK, OK. Her best interests. What are they?

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Going through with a trial in public?

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How humiliating would that be?

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And if she's convicted, she gets life.

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If we're acting in her best interests, then pleading guilty

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-to manslaughter, avoiding a trial and having half a shout...

-What?

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Half a shout at a mental health disposal?

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-How about we send an abused woman to the funny farm?

-George...

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Why should she plead guilty?

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We can do this. I know we can.

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Do what?

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Give this woman enough self respect and strength to fight back.

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Imagine what the Court of Appeal would say. The appellant was never told about the offer?

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-They'd go mad and they'd be right to.

-I thought you were a fighter.

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Yeah, well...

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I know what we'll do.

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It's a very good offer.

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But it's too much to take in now.

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So here's what we think you should do.

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Plead not guilty today

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and then I'll make sure the offer's is still on the table

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when we come back for trial on Wednesday.

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That way you'll have had time to think about it and decide.

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Prawn cocktail?

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Is that why you followed me round here?

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-No.

-So why did you?

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I was just checking you were OK with the initials on the pigeonholes.

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Like, who's who.

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I'm fine. And any I don't know I can just figure it out.

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OK. Good.

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-I'll see you back in the clerk's room.

-OK.

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-Jake?

-Yes?

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Did you want to ask me out?

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Me?

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No.

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No. Not at all.

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Not guilty for now,

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-but she'll plead on Wednesday.

-Are you sure?

-Yep.

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Because she always does what the men in her life tell her to do?

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Shall we have our fight about bail?

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"Do not contact any member of your family directly or indirectly

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"or you will be remanded in custody." Quote, unquote.

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It is a kind of arrogance,

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frankly, to ignore a judicial warning of such clarity.

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Does she think the law doesn't apply to her?

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There's a cultural problem here, your honour.

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Fatima has failed to understand that what the judge says

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has to take precedence over her profound need to talk to her family.

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She gets it now. I've explained it to her in no uncertain terms.

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If you grant her bail, I'm sure she won't let anyone down again.

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Bail is refused.

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But I'm going to bend over backwards to help Ms Ali.

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I've had another trial collapse this morning.

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Is there any reason why this trial can't start tomorrow?

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I'll see you tonight.

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Will you?

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Seven o'clock.

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Do me a favour and accuse me of being a loose cannon.

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Oh. Your interview. Yes.

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And remember, George Duggan is for Christmas.

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Silk is for life.

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They make their own coffins on death row. In the corridor outside.

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That's the most constructive thing they do.

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We have heard all these arguments on past occasions.

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We are sympathetic.

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And that is why this court made the five year rule.

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Move on, please.

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Nine, 11, 13 and 16. Jackson Henderson's four sisters.

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For the last two years, they have witnessed their mother

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and their father's anguish

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and they have struggled to understand the sentence

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passed on their elder brother and they have not understood.

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If Jackson dies in a few days time,

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his sisters will be condemned to live their lives

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with unimaginably ugly thoughts and feelings.

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Does this court want to punish those children?

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I have had the privilege to get to know Florence Henderson,

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the appellant's mother,

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and I have seen at close hand her extraordinary courage

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in dealing with what is happening to her son.

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You refute your own argument.

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Not when I tell you that this woman,

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more brave and dignified I think than anyone I have ever met,

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cries herself to sleep at night. And when she does sleep,

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she dreams of hanging.

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This is her history,

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it's her present, and it's her future.

0:19:540:19:58

Does this court endorse that?

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Her punishment and that of her young family

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is lifelong.

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And I submit to this court,

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with all your emotional and intellectual intelligence,

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that is its cruel,

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it is unusual...

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..and it must stop.

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I think you're right to come in.

0:20:280:20:30

-Have you ever had a digital examination before?

-No.

0:20:300:20:33

-Shall we do that now?

-Yeah.

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What is that exactly?

0:20:350:20:38

Legs a little higher for me, please.

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-No, I mean knees closer to your chest.

-Oh, sorry.

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And relax.

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It IS enlarged and it's putting some pressure on your bladder.

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What does that mean?

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I'm going to say the word, but I don't want you to get worried.

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What word?

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Cancer.

0:21:160:21:17

Probably you haven't,

0:21:170:21:20

but possibly you have and I'd like to be sure.

0:21:200:21:23

You need to be seen by a specialist.

0:21:230:21:25

Now, there is an accelerated referral time.

0:21:250:21:30

But only if there are specific factors causing particular concern.

0:21:300:21:34

Perhaps you could help me, Mr Lamb.

0:21:350:21:39

Have any of your family ever had prostate cancer?

0:21:410:21:44

Er...yeah.

0:21:440:21:46

Oh.

0:21:460:21:47

And who was that?

0:21:480:21:49

-My mum.

-On the whole, mums don't have prostate glands.

0:21:490:21:53

-My sister.

-Women don't erm...

0:21:530:21:57

-My dad.

-OK. Quite young, was he?

0:21:580:22:04

-Yeah.

-Under 50?

0:22:040:22:08

49.

0:22:080:22:10

These are weighty issues.

0:22:140:22:17

We will adjourn and notify you when we are ready to give judgement.

0:22:170:22:21

Well, when? We have to know when.

0:22:210:22:24

We will notify you.

0:22:240:22:26

-What have you done?

-What do you mean?

0:22:470:22:51

-Something. You're looking particularly gorgeous.

-I had my death row appeal today.

0:22:510:22:55

Oh right. Sorry. Yeah I...I forgot.

0:22:570:23:00

Judgement soon.

0:23:000:23:01

Quiet apart from that? Workwise?

0:23:020:23:05

So, why are you leaving your old set?

0:23:070:23:09

I say what I think and the boys don't like it.

0:23:100:23:13

Have you noticed what people say about loud women?

0:23:130:23:16

"Oh, she's got a mouth on her."

0:23:160:23:18

What do they say about noisy men?

0:23:180:23:20

"He's a good laugh."

0:23:200:23:22

Some people think you're a loose cannon.

0:23:220:23:25

Do they? Who? Oh, of course you can't say.

0:23:250:23:28

Here's what I think. I think the Bar is special

0:23:290:23:33

because it's our work to cherish the English language in all its glory.

0:23:330:23:38

A row of cannon, all pointing in the same direction and sounding the same, what would that be?

0:23:380:23:43

It would be children who don't read books any more.

0:23:430:23:46

It would be a world filled with management consultants.

0:23:460:23:51

And for us, it would be solicitor advocates, wouldn't it?

0:23:510:23:56

Tired and dull and flat.

0:23:560:23:59

I think juries deserve better than that.

0:24:000:24:02

Does that answer your question?

0:24:050:24:07

My last three years' income.

0:24:130:24:15

Who earns more at Shoe Lane? My guess is nobody.

0:24:150:24:18

And the next two years projected.

0:24:200:24:21

Only a dinosaur would say no.

0:24:220:24:24

Skeletons, Miss?

0:24:240:24:26

Have I slept with any judges? Err...several.

0:24:270:24:29

Solicitors? Quite a few.

0:24:290:24:32

Senior Clerks?

0:24:330:24:35

Not yet.

0:24:350:24:37

-Drink?

-Love to.

0:24:370:24:39

That's what I hear.

0:24:390:24:41

This is a drinking profession.

0:24:430:24:45

I drink fast and hard

0:24:450:24:47

and I get up in the morning sober as a judge and twice as lively.

0:24:470:24:50

And what about you?

0:24:500:24:51

Anything I should know about Billy Lamb?

0:24:510:24:56

I've never felt like this before.

0:24:580:25:00

-So this is more difficult for me than I can say.

-But you're going to tell me...

0:25:000:25:03

I'm going to be brutally honest, George. I think that's best.

0:25:030:25:06

We're just not suited.

0:25:070:25:09

Fatima needs someone who can... What's the expression?

0:25:110:25:14

Do emotion. Now, I wish that was me, but it's not. I'm so sorry.

0:25:140:25:18

-It's tomorrow.

-I know. I should have said but I didn't because...

0:25:180:25:21

-I didn't want to let you down.

-What am I supposed to do?

0:25:210:25:24

I just keep coming back to Fatima. She's what matters here

0:25:240:25:27

and if I'm not giving her what she needs then...

0:25:270:25:30

It's not me facing life imprisonment, is it? It's her.

0:25:300:25:32

Shit. Shit. Shit.

0:25:320:25:34

I'm sorry.

0:25:340:25:35

Listen, um... I'll be right back. I'm just going to...

0:25:380:25:42

Erm...you know George Duggan.

0:25:480:25:50

-Hi.

-Yeah. Sorry. I've got to...

0:25:500:25:52

So. You in court tomorrow?

0:25:540:25:56

Err... No.

0:25:560:25:59

How about the rest of the week?

0:25:590:26:01

-Apart from receiving a judgement, free. Why?

-George...?

0:26:010:26:06

-Listen, I'm going to let you two, er...

-What, you...?

0:26:070:26:10

I've returned Fatima Ali.

0:26:160:26:17

Right. Yeah.

0:26:170:26:19

So I'm free to prosecute Jody Farr.

0:26:190:26:21

-Led by CW.

-Who have we returned Fatima to?

0:26:220:26:26

Have I got this right?

0:26:290:26:31

A senior clerk who can't get his new silk

0:26:320:26:35

to defend the biggest brief in town

0:26:350:26:37

manages to get golden balls to prosecute it?

0:26:370:26:39

It's under control. I'll sort it out.

0:26:390:26:42

I said, I'll sort it.

0:26:450:26:48

That's more like it.

0:26:500:26:52

Why are you here?

0:27:030:27:04

You don't sleep, I don't sleep.

0:27:060:27:09

Where's Mrs Henderson staying?

0:27:110:27:14

She's flown home.

0:27:140:27:16

If the appeal is refused,

0:27:160:27:17

then she wouldn't have time to get back before they execute him.

0:27:170:27:21

-Are you OK, Miss?

-Do me a favour, Billy.

0:27:250:27:28

Don't be nice to me.

0:27:290:27:30

Are you going to save him?

0:27:370:27:39

I don't know.

0:27:410:27:43

Call me the second any news comes in.

0:27:440:27:47

Even if I'm in court. Get me.

0:27:470:27:49

-Pleading to manslaughter?

-No.

0:27:540:27:57

What? But Clive said that...

0:27:570:28:00

Do I look like a big public schoolboy, Caroline?

0:28:000:28:03

When do you think this will finish?

0:28:060:28:08

It'll go into Monday, at least.

0:28:080:28:11

She's not ready.

0:28:150:28:16

Clive was going to carve it, wasn't he?

0:28:180:28:20

Clive? It's me. You're dumped.

0:28:280:28:31

A wild night of drinking and a return home

0:28:330:28:37

with a three quarters empty bottle of scotch.

0:28:370:28:40

Her older brother tried to take the bottle, to stop her drinking more.

0:28:400:28:43

And what did she do?

0:28:430:28:45

She broke the bottle and she went for him.

0:28:450:28:48

He lifted and turned his head to avoid the lunge

0:28:480:28:52

and the jagged, lethal, broken glass went into his neck,

0:28:520:28:57

with sufficient force to sever the carotid artery.

0:28:570:29:03

Mustapha Ali bled to death

0:29:050:29:08

before any medical attention could reach him.

0:29:080:29:12

There is an alternative count on this indictment. Manslaughter.

0:29:140:29:19

But make no mistake about it,

0:29:190:29:22

the Crown is and always has been very clear -

0:29:220:29:26

this is a murder.

0:29:260:29:28

And that is the verdict we will be asking you to return.

0:29:300:29:35

I was upstairs.

0:29:350:29:37

-Doing what?

-On the phone.

0:29:370:29:39

To who?

0:29:390:29:40

I don't remember. I heard a smashing of a glass and a few seconds later, a scream.

0:29:400:29:44

-Who screamed?

-My mother.

0:29:440:29:46

What did you do?

0:29:460:29:48

I ran downstairs.

0:29:480:29:50

When I reached the door of the kitchen

0:29:500:29:52

I saw Mustapha lying on the floor. He was twitching and writhing.

0:29:520:29:55

It looked like he was having some kind of fit.

0:29:550:29:58

Later I learned he was choking on his own blood.

0:29:580:30:01

Stick to what you yourself saw and heard, please.

0:30:010:30:04

I realised it wasn't a fit

0:30:040:30:07

when I saw the blood coming out of his neck.

0:30:070:30:09

Was anyone else in the room?

0:30:090:30:11

My mother, father, my sister, Fatima.

0:30:110:30:13

And what was she doing?

0:30:130:30:14

She was bent over the table, like she was exhausted or something.

0:30:140:30:18

Later I learned she...

0:30:180:30:19

No, no, forget about later.

0:30:190:30:21

Just tell us what you saw.

0:30:210:30:24

She was holding the bottle. It was broken.

0:30:240:30:28

It fell out of her hand. My brother stopped moving.

0:30:280:30:32

I knew he was dead.

0:30:330:30:35

What did you do?

0:30:350:30:37

I couldn't breathe, I had to get out.

0:30:370:30:39

You were upstairs. So you can't help us with the immediate context.

0:30:390:30:44

She'd been out, she came back.

0:30:440:30:45

-She was drunk.

-Did you see her go out?

-No.

0:30:450:30:48

-Did you see her come back?

-No.

-Did you see her drinking?

0:30:480:30:51

-The police officer told me...

-Yes.

0:30:510:30:53

Did you see her drinking? You, yourself.

0:30:530:30:58

-No.

-So, like I said, no context.

0:30:580:31:02

What you've been told, yes, assumptions you've made, yes,

0:31:020:31:05

but actual evidence of what went on, no.

0:31:050:31:09

Where did you go when you left the house?

0:31:090:31:11

-I just felt I had to get away.

-Where did you go?

0:31:110:31:14

I wandered around.

0:31:140:31:17

Did you love your brother?

0:31:170:31:19

Of course.

0:31:190:31:20

-Did you call 999?

-No.

0:31:200:31:22

-Why not?

-I don't know, I couldn't think.

0:31:220:31:24

-Did you do anything to help him?

-I told you, he was dead.

0:31:240:31:29

What else could I do?

0:31:290:31:30

And how do you think he'd died?

0:31:300:31:32

-It was obvious.

-Was it? Why?

0:31:320:31:34

The blood, the bottle in her hand.

0:31:340:31:36

Have I got this straight?

0:31:360:31:37

You left the house with your brother dead or dying, your sister,

0:31:370:31:42

whom you believed to be the killer still in there...

0:31:420:31:44

You better stop this..

0:31:440:31:45

-..and both your parents hysterical?

-Enough!

0:31:450:31:48

Enough of what?

0:31:480:31:50

Questions you can't answer?

0:31:510:31:52

-You listen to me...

-Mister Ali.

0:31:520:31:55

I will not let her insult my dead brother in this way.

0:31:550:31:59

-I'm sorry you think it's insulting.

-Then why don't you back off?

0:31:590:32:02

When did you come back from your wander?

0:32:030:32:06

My wander?

0:32:060:32:08

Your word.

0:32:080:32:10

My brother's blood in our kitchen and my sister drunk.

0:32:100:32:13

Have you any idea what that felt like?

0:32:130:32:15

These two things, do they provoke the same emotion in you?

0:32:150:32:19

Dead brother, drunk sister?

0:32:190:32:22

I will not answer that.

0:32:220:32:23

I know you'd like to say my religion is against women.

0:32:230:32:26

I will not talk to someone as ignorant as you.

0:32:260:32:28

What do you know? Who are you?

0:32:280:32:30

Are you an angry man, Mister Ali?

0:32:320:32:34

Was your brother?

0:32:360:32:38

-You lied to me.

-I was trying to manage a situation.

0:32:400:32:43

The only time I have to meet a barrister for the first time.

0:32:430:32:45

-You promised her.

-That's what I thought at that time.

0:32:450:32:48

You were trying to carve it from the start.

0:32:480:32:50

I'm not an idiot, Clive.

0:32:500:32:52

Don't you dare do that.

0:32:550:32:57

-What?

-Sexy puppy dog bollocks.

0:32:570:32:59

Can a puppy be sexy?

0:33:000:33:02

Detective Sergeant, were there any injuries

0:33:020:33:05

on the deceased that you could call defence wounds?

0:33:050:33:07

No.

0:33:070:33:09

Thank you. What about signs of injury on the accused?

0:33:090:33:13

She had a mark around her wrist.

0:33:130:33:14

Consistent with having a hand held tight around it?

0:33:140:33:18

Could've been consistent with the deceased

0:33:180:33:20

trying to get the bottle away from the accused.

0:33:200:33:22

Or with Fatima trying to defend herself from him?

0:33:220:33:25

Or him trying to defend himself from her attack on him.

0:33:250:33:28

This is all a bit like ping pong, Your Honour.

0:33:280:33:30

My learned friend can't seem to go

0:33:300:33:33

more than two minutes without hearing the sound of her own voice.

0:33:330:33:36

Let's keep things civilised, shall we, ladies?

0:33:360:33:38

-Ladies?

-Ladies?

0:33:380:33:40

There's no evidence of where she'd been before returning home.

0:33:440:33:48

-No.

-Where did the bottle come from?

0:33:480:33:50

It didn't really seem the most important...

0:33:500:33:54

We focused our inquiry on the scene and the forensics,

0:33:540:33:57

which kind of spoke for themselves.

0:33:570:34:00

Did they? The alcohol in her blood,

0:34:000:34:02

-a reading like that, between ten and 15 shots of whisky?

-Yes.

0:34:020:34:08

-And the whisky in her hair?

-Yes.

-And all down her front?

-Yes.

0:34:080:34:11

-Quite a session?

-You said it.

0:34:110:34:13

But you chose not to find out where she'd been drinking?

0:34:130:34:17

It was quite clear what had happened here.

0:34:170:34:20

Is it right that a neighbour called the police at 10.40 pm.

0:34:200:34:26

-Yes.

-And what action was taken?

-It was a shout the neighbour heard.

0:34:260:34:31

Could've been anything. We get those calls all the time.

0:34:310:34:34

It wasn't a priority.

0:34:340:34:35

Then at 11.04, the 999 call came in which was a priority.

0:34:350:34:42

Who made that call?

0:34:430:34:46

-Mister Ali.

-The father.

0:34:460:34:48

24 minutes later than the first call.

0:34:480:34:53

What did you think about your daughter's behaviour?

0:34:530:34:56

I didn't like it.

0:34:560:34:58

Going out? Dressing the way she was dressing?

0:34:580:35:00

-Yes.

-And Ibrahim?

0:35:000:35:03

He didn't like it.

0:35:050:35:06

Mustapha?

0:35:060:35:08

We three men all agreed it was wrong and we spoke to her.

0:35:080:35:11

Do you think that women deserve punishment from their husbands?

0:35:110:35:15

Sometimes.

0:35:150:35:17

Did you ever punish your wife?

0:35:170:35:19

Yes.

0:35:190:35:20

What was the offence?

0:35:200:35:23

I will not dishonour her name or mine

0:35:230:35:25

by recalling an event that is passed and forgotten.

0:35:250:35:29

What was the punishment?

0:35:320:35:33

According to the Koran.

0:35:330:35:35

-A quiet word?

-Yes.

0:35:350:35:38

Then a withdrawal of sexual services from the marital bed.

0:35:380:35:41

Yes.

0:35:410:35:43

Then a light beating?

0:35:430:35:45

It did not reach that point.

0:35:450:35:47

And it is a wilful misinterpretation of the Koran that you rely on.

0:35:470:35:52

Did Fatima do what she was told after you spoke with her?

0:35:520:35:56

No.

0:35:560:35:57

And how did that make you all feel?

0:35:570:36:00

Humiliated?

0:36:000:36:02

-Angry?

-I wanted what was best for my daughter.

0:36:020:36:06

Best according to who?

0:36:060:36:08

Her father. Our religion.

0:36:080:36:09

-She needed guidance.

-She needed choice.

0:36:090:36:14

She needed freedom to decide how to live.

0:36:140:36:17

You think they've made a choice? These western women?

0:36:170:36:20

You think women who drink so much they fall over in the street

0:36:200:36:23

and go out wearing the clothes of prostitutes

0:36:230:36:25

and paint their faces, have an independent mind?

0:36:250:36:29

This is freedom? This is your freedom?

0:36:290:36:32

I am asking you a question.

0:36:320:36:34

Mister Ali...

0:36:340:36:35

She asks me many, many questions. I cannot ask her one?

0:36:360:36:40

It isn't a choice, you're right. It's a form of tyranny.

0:36:400:36:44

Real freedom is the ability to choose.

0:36:440:36:48

Whenever that is lost or taken away, we must fight it.

0:36:490:36:56

-It's your mother next.

-No.

0:36:580:37:01

Why not?

0:37:020:37:03

Fatima?

0:37:050:37:06

It will be too hard for her.

0:37:060:37:07

I don't have any brothers or sisters.

0:37:130:37:16

I come from a small, close family.

0:37:160:37:18

My mum, my dad and me.

0:37:180:37:22

My dad was a lot older than my mum and when I was 16,

0:37:220:37:25

he started to lose his memory.

0:37:250:37:27

It wasn't too bad at first.

0:37:270:37:29

Repeated questions.

0:37:290:37:31

Forgetting why he'd come into the room.

0:37:310:37:33

But the doctors were very clear, that it would get worse

0:37:350:37:39

and he would need looking after.

0:37:390:37:42

And when I left school, well, he deteriorated quite a lot.

0:37:420:37:46

He couldn't remember what order to put his clothes on.

0:37:460:37:50

Anyway, I wanted to go to university.

0:37:500:37:54

And I got in.

0:37:540:37:55

And two weeks before I was due to start,

0:37:570:38:00

my mum asked me the big question.

0:38:000:38:03

-What?

-She asked me not to go.

0:38:030:38:06

-What happened?

-I went.

0:38:090:38:11

And when I came home half way through the first term,

0:38:120:38:17

my dad didn't recognise me.

0:38:170:38:19

Has she forgiven you?

0:38:210:38:23

That's her own question.

0:38:230:38:24

She wanted me to stay at home

0:38:260:38:29

because she needed me to be there to help with my dad,

0:38:290:38:31

but she also wanted me to stay at home,

0:38:310:38:34

because she was lonely and bitter, and she wanted me to be the same.

0:38:340:38:40

I was in my bedroom, and I saw Fatima arriving home.

0:38:420:38:47

Was she holding anything?

0:38:470:38:49

No.

0:38:490:38:50

Are you sure?

0:38:500:38:51

Yes.

0:38:520:38:54

It was dark.

0:38:540:38:55

She stopped at the end of the path and looked up at the sky.

0:38:550:38:59

It was a clear night. There was nothing in her hands.

0:38:590:39:03

Do you have any alcohol in the house?

0:39:050:39:08

Me? No.

0:39:080:39:10

Does anyone?

0:39:100:39:11

Your husband?

0:39:140:39:16

You are under oath.

0:39:180:39:19

My husband.

0:39:220:39:24

Gin?

0:39:240:39:26

Vodka?

0:39:270:39:29

Whisky?

0:39:290:39:31

What time did Fatima arrive home?

0:39:360:39:39

10.30.

0:39:390:39:41

And how can you be so sure?

0:39:410:39:43

I go to bed every night at the same time, always 10.30.

0:39:430:39:50

-Was she walking in a straight line?

-Yes.

0:39:500:39:53

So if Fatima wasn't drinking before she came home..

0:39:530:39:58

she would've had to have drunk three quarters of a bottle of whisky

0:39:580:40:02

in a short period of time, to reach the levels of alcohol...

0:40:020:40:06

This witness can't possibly be expected to comment on that.

0:40:060:40:11

No, quite.

0:40:110:40:13

-Martha...

-I think you're wanted, Miss Costello.

0:40:130:40:17

Please leave her alone.

0:40:240:40:26

Well, this might be a good moment to adjourn for the day.

0:40:280:40:32

-Definitely the same night?

-Yes.

0:40:420:40:44

He's got a bag. And he's on the phone.

0:40:440:40:46

Where have you been all my life, Daniel Lomas?

0:40:480:40:51

Six minutes after the call from the neighbour,

0:40:510:40:53

and Ibrahim is making a phone call.

0:40:530:40:55

Is that you?

0:41:050:41:07

Yes.

0:41:070:41:08

Who were you calling?

0:41:080:41:10

Not 999. Not home.

0:41:100:41:14

-I don't know.

-You don't know?

0:41:140:41:16

Your brother dead or dying,

0:41:160:41:18

your drunk sister apparently responsible.

0:41:180:41:21

And you were on the phone!

0:41:210:41:22

-Who would you be calling, Ibrahim Ali?

-I don't remember.

0:41:220:41:25

Or are you lying to me and this jury?

0:41:250:41:28

-What's in the bag?

-You don't understand anything about this.

-I think I do.

0:41:320:41:36

I think I'm getting there.

0:41:360:41:38

What is in the bag?

0:41:400:41:43

Shut up. Shut up!

0:41:430:41:44

Are you an angry man, Mr Ali?

0:41:440:41:46

Yes, I was angry with her.

0:41:460:41:48

-She came home smelling.

-You were upstairs.

-She'd done it before. This was the same.

0:41:480:41:51

-Done what before?

-Come home smelling of.

-Of what?

-Of sex. She's a whore!

0:41:510:41:55

She's the liar.

0:41:570:41:58

Thank you, Mr Ali.

0:42:000:42:02

PHONE VIBRATES

0:42:080:42:09

Look, normally, I would never leave without going down and seeing her.

0:42:150:42:19

You know that, but...

0:42:190:42:22

I just have to today. Sorry.

0:42:220:42:25

Marth, shall I come with you?

0:42:250:42:26

No. Thank you.

0:42:260:42:29

Just relax.

0:42:460:42:47

The, er...the letter that they sent me said that it's interesting

0:42:490:42:54

-and instructive.

-Erm, yeah.

0:42:540:42:57

It's just a squirt of local anaesthetic.

0:42:570:42:59

-Might feel a little bit cold.

-OK.

0:42:590:43:03

Here we go.

0:43:030:43:04

You all right?

0:43:060:43:07

So, the uncomfortable part

0:43:110:43:14

is when the camera's in and I have to get it past the sphincter muscle.

0:43:140:43:17

I thought the sphincter was...

0:43:170:43:20

You sure you got the right opening here, doc?

0:43:200:43:23

The sphincter wants to keep the camera out.

0:43:230:43:27

And, er, we need to get it in.

0:43:270:43:30

Ready?

0:43:300:43:31

Jesus Christ.

0:43:390:43:41

Breathe.

0:43:410:43:42

Yeah, there are some issues here.

0:43:530:43:54

Do you want me to call her?

0:44:440:44:45

Florence? It's Martha.

0:45:070:45:10

I don't know what to say.

0:45:130:45:15

Our only chance now is for you to give evidence.

0:45:210:45:25

Fatima?

0:45:270:45:29

My father died ten years ago.

0:45:460:45:49

I miss him.

0:45:490:45:51

I sometimes wish I'd been at home to look after him.

0:45:530:45:56

But it wasn't my fault that I wanted more.

0:45:590:46:02

And I won't feel guilty about that. Ever.

0:46:020:46:05

Because guilt eats you up and then you don't have a life.

0:46:070:46:10

And I want my life.

0:46:130:46:14

Call Fatima Ali.

0:46:180:46:20

His name is Lloyd Naysmith.

0:46:270:46:29

He's a local councillor and he offered to help me.

0:46:310:46:34

So I went to his house.

0:46:360:46:38

And what happened?

0:46:380:46:40

He was kind to me.

0:46:400:46:42

He said he would look at the law for me

0:46:440:46:46

and see if the arranged marriage could be stopped.

0:46:460:46:48

He made me feel my life could be different.

0:46:510:46:54

I didn't feel I could say no to him.

0:46:570:46:59

No to what?

0:47:030:47:06

Fatima?

0:47:060:47:07

To what he wanted.

0:47:110:47:13

Point of law, your honour.

0:47:140:47:16

Jury out, please.

0:47:180:47:20

None of this, not one bit of it, is in the defence case statement.

0:47:270:47:31

How is the Crown supposed to react to a defence case

0:47:310:47:35

that hasn't been put to any prosecution witness,

0:47:350:47:38

that comes out of the blue nine tenths of the way through the trial

0:47:380:47:41

and is, basically, an ambushing of justice?

0:47:410:47:43

Of course it isn't in the defence case statement.

0:47:430:47:45

Do you know how hard it is for this woman

0:47:460:47:49

to stand up there today in the witness box? Do you?

0:47:490:47:52

My learned friend is becoming very personal.

0:47:520:47:54

Well, maybe sometimes it is personal.

0:47:540:47:57

So, let's hear it now. From the witness. Once and for all.

0:47:580:48:03

Ms Warwick. You may cross examine

0:48:030:48:06

on her failure to mention any of this before now.

0:48:060:48:09

You may also cross examine

0:48:090:48:10

on her failure to include it in her defence case statement.

0:48:100:48:14

Jury back, please.

0:48:140:48:16

Fatima.

0:48:320:48:33

Tell us what happened that night in your home

0:48:360:48:42

with your family.

0:48:420:48:43

Sorry.

0:49:150:49:17

Tell me.

0:49:190:49:20

You can do it for me.

0:49:240:49:26

Mustapha pushed me down on the table.

0:49:370:49:40

I couldn't fight him.

0:49:440:49:46

He held my mouth open with one hand...

0:49:500:49:52

..and he poured the whisky into my mouth with the other.

0:49:560:49:59

It went all over me and down my throat.

0:50:040:50:06

I thought I was going to drown.

0:50:090:50:11

He stopped to shout at me.

0:50:150:50:18

He called me a whore.

0:50:210:50:23

I grabbed the bottle from him.

0:50:240:50:27

I smashed it on the table...

0:50:270:50:30

..so he couldn't pour any more whisky down me.

0:50:310:50:36

Then he came at me.

0:50:410:50:44

Sorry.

0:50:480:50:51

I'm so sorry!

0:50:510:50:54

Too late.

0:51:070:51:09

BANGING

0:51:160:51:18

I know about the Ali family.

0:51:470:51:49

What?

0:51:490:51:51

They're on Jody's patch.

0:51:510:51:53

Oh, don't tell me. Jody doesn't like non-whites?

0:51:530:51:55

Jody doesn't like competition.

0:51:550:51:57

Competition?

0:51:570:51:58

What are you doing?

0:51:590:52:01

High quality heroin.

0:52:050:52:07

-Where did that come from?

-This bag left the Ali house with the younger brother

0:52:070:52:10

after the unfortunate incident with the bottle

0:52:100:52:13

and before the arrival of the emergency service.

0:52:130:52:16

The 24 minute gap.

0:52:160:52:18

They're all over it - fingerprints, DNA. Bag and contents.

0:52:180:52:23

I won't ask how you...

0:52:230:52:24

No, you won't.

0:52:240:52:26

What do you want?

0:52:280:52:29

I'll give you the slam dunk.

0:52:290:52:32

Fatima walks.

0:52:320:52:34

-And what's in it for you?

-Take this from me

0:52:340:52:37

and you're free to start the Jody Farr trial on Monday morning.

0:52:370:52:40

Do you think I'd make a good clerk?

0:52:400:52:41

If this is a drugs thing, why weren't the police interested

0:52:430:52:46

when I told them about the black bag leaving with Ibrahim?

0:52:460:52:49

Last thing they want is a domestic like this blowing open the whole story.

0:52:490:52:52

Story?

0:52:520:52:54

The Ali's import heroin.

0:52:540:52:56

They have all sorts of connections in all sorts of places.

0:52:560:52:59

The police haven't finished looking at those connections,

0:52:590:53:02

working out how big it all is.

0:53:020:53:03

End of trial.

0:53:050:53:06

If you say yes to Jody.

0:53:060:53:10

Counsel to counsel.

0:53:520:53:54

You and me and nobody else.

0:53:540:53:56

-The police had the Ali house under surveillance.

-What?

0:53:590:54:02

-Drugs.

-What? They didn't...

0:54:020:54:04

They didn't tell you or anyone because they haven't finished yet.

0:54:040:54:09

How the hell do you know?

0:54:090:54:10

I can't tell you.

0:54:100:54:12

-So how do I know it's true?

-Would I lie to you?

0:54:120:54:16

And if you really don't believe me, then go and ask the drugs squad.

0:54:160:54:19

Bloody hell.

0:54:190:54:21

So we can recall all the police witnesses

0:54:210:54:23

and I can cross examine them on their failure

0:54:230:54:26

to disclose any of this

0:54:260:54:27

and we can recall Ibrahim and cross examine him

0:54:270:54:30

on being a major drug dealer.

0:54:300:54:33

Oh, and then the jury can see

0:54:330:54:34

what nasty pieces of work Fatima's been living with.

0:54:340:54:37

Or I can stop this trial right now

0:54:390:54:40

and throw the book at a bunch of bastard coppers

0:54:400:54:43

who think they can get away with whatever they want.

0:54:430:54:46

I'm a prosecutor through and through, Martha,

0:54:460:54:49

but I will not tolerate being lied to by anyone.

0:54:490:54:51

I quite like your way of doing it.

0:54:520:54:54

They didn't tell me, they didn't tell the CPS,

0:54:590:55:02

the defence has been kept in the dark

0:55:020:55:04

about the real character of prosecution witnesses,

0:55:040:55:07

which is about as unfair and unjust as it's possible to get.

0:55:070:55:12

End of trial...ladies.

0:55:140:55:16

Now, listen to me.

0:55:410:55:43

This is very important.

0:55:440:55:46

There's going to be a great deal of fuss over the next days

0:55:470:55:50

and weeks to come, about how the police have behaved here.

0:55:500:55:52

And it really matters.

0:55:520:55:54

But I don't want it to get in the way of the most important thing.

0:55:540:56:00

You are an innocent woman. You are not guilty of anything.

0:56:000:56:05

And that's everything. You've got a new start in your life.

0:56:050:56:09

Take it.

0:56:090:56:11

Drink with me.

0:56:570:56:59

Please.

0:56:590:57:01

You OK?

0:57:330:57:35

It's six o'clock in the Caribbean.

0:57:360:57:38

To the Caribbean.

0:57:400:57:42

-You have to laugh, don't you?

-Or what?

0:57:450:57:48

Or you go home and sit there and cry your bloody heart out.

0:57:480:57:52

What is it?

0:57:560:57:58

Nothing.

0:57:580:57:59

Tomorrow is another day.

0:58:010:58:02

Tomorrow is Jody Farr.

0:58:060:58:08

Police officers are bent.

0:58:090:58:12

The evidence isn't strong enough. People get off.

0:58:120:58:15

You're trapped.

0:58:160:58:18

-Aren't you?

-Everybody's guilty.

0:58:190:58:21

When and why do police officers get neurotic?

0:58:210:58:24

-When they've got someone on the inside.

-You're dead. You know that?

0:58:240:58:27

I watched you defend Brendan Kay with everything you had.

0:58:270:58:30

-What are you doing representing his killer?

-We all have a choice.

0:58:300:58:33

What's it taken?

0:58:330:58:34

To corrupt Martha Costello?

0:58:340:58:36

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