0:00:02 > 0:00:07For almost 100 years our justice system has been a hidden world.
0:00:07 > 0:00:11Cameras are banned in courts here, much of the work is unreported.
0:00:11 > 0:00:14Historically, our knowledge has been based on TV dramas,
0:00:14 > 0:00:17artist impressions and newspaper headlines.
0:00:21 > 0:00:23But for the first time,
0:00:23 > 0:00:26one legal institution has allowed the cameras in.
0:00:26 > 0:00:30This is the world of the barristers.
0:00:31 > 0:00:34The public want to know what we do.
0:00:34 > 0:00:36They are entitled to know what we do.
0:00:36 > 0:00:39And we feel we have a responsibility
0:00:39 > 0:00:41and duty to therefore inform the public of what it is
0:00:41 > 0:00:44we actually do as part of the administration of justice.
0:00:47 > 0:00:49For 15 months, we followed barristers as they worked,
0:00:49 > 0:00:52gaining an insight into our legal system
0:00:52 > 0:00:55and the problems faced in every area of life.
0:00:59 > 0:01:02Because you're dealing with the death of children,
0:01:02 > 0:01:04it's very, very emotional.
0:01:06 > 0:01:08What we watched that day,
0:01:08 > 0:01:12of how Raychel was dying in front of our eyes.
0:01:12 > 0:01:15I promised that I would get justice for her.
0:01:15 > 0:01:19With hundreds of barristers and thousands of cases,
0:01:19 > 0:01:22this is a snapshot of their work behind the scenes.
0:01:37 > 0:01:40Stephen Quinn is a barrister specialising in personal injury
0:01:40 > 0:01:42and medical negligence.
0:01:42 > 0:01:46He works for the insurance companies and the people making the claims.
0:01:56 > 0:01:59When I became a QC, I did do more criminal law.
0:02:01 > 0:02:05I ended up specialising in civil litigation, what they call
0:02:05 > 0:02:10Queen's Bench law, and that would be to do with injuries to people.
0:02:10 > 0:02:14Before we finish today, I want to take you out and you can listen to his shoulder popping.
0:02:14 > 0:02:16'You've also got contract law that comes into that, where
0:02:16 > 0:02:20'there's breach of contract between someone who sells a car, for example.
0:02:20 > 0:02:22'It seems to suit my personality,'
0:02:22 > 0:02:24in that I mostly worked for insurance companies
0:02:24 > 0:02:26when I was doing this sort of stuff,
0:02:26 > 0:02:30so it was catching out the chancer, really.
0:02:35 > 0:02:38'It's interesting picking up something different every week.'
0:02:38 > 0:02:40You could be in a case that lasts a week, you could be in a case,
0:02:40 > 0:02:43as I am at the moment, that is going to last over a year.
0:02:46 > 0:02:50At the moment I am doing a public inquiry called
0:02:50 > 0:02:51the Hyponatraemia Inquiry.
0:02:51 > 0:02:55All of these files here are to do with the children who died
0:02:55 > 0:03:00due to hyponatraemia in various sites in Northern Ireland -
0:03:00 > 0:03:06the Royal Victoria Hospital, the Altnagelvin, the Erne Hospital.
0:03:06 > 0:03:10I represent several children in the inquiry.
0:03:10 > 0:03:13I have to read all of the expert reports
0:03:13 > 0:03:15and all of the statements on their behalf.
0:03:15 > 0:03:22There are hundreds of witnesses in the various cases, all of which
0:03:22 > 0:03:25will be called to give evidence during the term of this inquiry.
0:03:25 > 0:03:29The public inquiry is looking at how hospitals handled
0:03:29 > 0:03:33the deaths of five children between 1995 and 2003.
0:03:33 > 0:03:36The children died after they were given the wrong amount
0:03:36 > 0:03:39and type of fluid in drips.
0:03:39 > 0:03:41As well as asking how and why,
0:03:41 > 0:03:44the inquiry is finding out what changes have been made.
0:03:44 > 0:03:46And it may make recommendations.
0:03:46 > 0:03:50Stephen represents four of the five families.
0:03:50 > 0:03:53For them the inquiry is painful but essential.
0:03:53 > 0:03:56We have never been involved in any legal process,
0:03:56 > 0:04:01any involvement with barristers, solicitors.
0:04:01 > 0:04:07That was a very daunting initial process to start with,
0:04:07 > 0:04:12and I know that maybe barristers and solicitors have a bit of a reputation
0:04:12 > 0:04:17but I think it is important to establish an understanding
0:04:17 > 0:04:21with your team and we've certainly been able to achieve that.
0:04:21 > 0:04:26Alan, thanks very much for putting this together for me,
0:04:26 > 0:04:28it's very, very useful.
0:04:28 > 0:04:31'We've met on regular occasions with them.
0:04:31 > 0:04:36'Had updates, meetings and progress,'
0:04:36 > 0:04:39and I think that is important to build up the understanding
0:04:39 > 0:04:42and give us the reassurance that we know
0:04:42 > 0:04:48everyone is aware of the issues and concerns that we have as a family.
0:04:55 > 0:04:58Claire was the youngest of my three children.
0:05:02 > 0:05:06There was so much joy with a little girl in the family.
0:05:08 > 0:05:13Claire was a happy, fun-loving family girl.
0:05:17 > 0:05:21Nine-year-old Claire died at the Royal Belfast Hospital
0:05:21 > 0:05:23for Sick Children in 1996.
0:05:27 > 0:05:31Obviously you're always concerned when a child is unwell.
0:05:31 > 0:05:33And you don't take chances with any child.
0:05:35 > 0:05:39If the GP recommends a second opinion, you take them
0:05:39 > 0:05:41to the hospital, it's precautionary.
0:05:45 > 0:05:49That was always our view that Claire would be in
0:05:49 > 0:05:51with a 24/48-hour tummy bug
0:05:51 > 0:05:56and she would recover within that short length of time.
0:06:00 > 0:06:06We had no worries, no concerns, or there was no urgency shown
0:06:06 > 0:06:11that Claire was in any danger or in any way critical...
0:06:14 > 0:06:16..until it was too late.
0:06:24 > 0:06:28There are just over 700 barristers in Northern Ireland.
0:06:28 > 0:06:34The majority pay a fee to work out of Belfast's Bar Library.
0:06:34 > 0:06:37They also keep their own individual offices
0:06:37 > 0:06:40but not in the traditional sense.
0:06:40 > 0:06:44Michael Stitt has been a barrister for 40 years.
0:06:44 > 0:06:47He's one of a select group - a Queen's Counsel.
0:06:47 > 0:06:53This is my study. Like all barristers, we have a study at home.
0:06:54 > 0:06:58Most of us find it best to escape from the centre of town,
0:06:58 > 0:07:02escape from the law courts, escape from our colleagues,
0:07:02 > 0:07:07and come home to somewhere quiet to try to concentrate.
0:07:07 > 0:07:13Every barrister has got bookshelves full of books, and when I was called
0:07:13 > 0:07:16to the Bar every book was vital.
0:07:16 > 0:07:20We didn't read every page, but the answer to many questions
0:07:20 > 0:07:24was to be found deep in some law report.
0:07:24 > 0:07:30What I really enjoy is to be in court and to be standing on my feet,
0:07:30 > 0:07:36to be arguing a case and it's the challenge and the satisfaction of
0:07:36 > 0:07:40doing that, usually successfully, but not always,
0:07:40 > 0:07:44which makes it worth all the time of preparation
0:07:44 > 0:07:48and makes me want to get back up and do the next case.
0:07:51 > 0:07:53This is the Old Bar Library
0:07:53 > 0:07:56and when I first practised this would have been hiving
0:07:56 > 0:08:00with all the members of the Bar sitting at their desks.
0:08:00 > 0:08:02We were all in the one room.
0:08:02 > 0:08:06Today there are around 700 members of the Bar,
0:08:06 > 0:08:09but when I started there were just around 100.
0:08:12 > 0:08:17Back in the mid '70s, this was my seat here.
0:08:17 > 0:08:21And...my work would arrive...
0:08:21 > 0:08:25We had a portering system - through those doors, the porter would come in
0:08:25 > 0:08:28with a large old-fashioned trolley and if you were lucky you got some
0:08:28 > 0:08:31envelopes on your desk, which meant you might have some work to do.
0:08:31 > 0:08:35No barrister is guaranteed any source of income.
0:08:35 > 0:08:40We are self-employed and therefore as a junior barrister,
0:08:40 > 0:08:44one would glance at the porter coming in one's direction
0:08:44 > 0:08:46and hope that he might stop.
0:08:46 > 0:08:51And the thud of the thicker-the-better envelope landing on your desk was always reassuring.
0:08:52 > 0:08:5640 years on, the challenges facing young barristers
0:08:56 > 0:08:58remain the same.
0:08:58 > 0:09:02Michael Forde is a Junior Counsel building his practice.
0:09:02 > 0:09:04So he has to go where the work is.
0:09:05 > 0:09:09Most of my practice is outside of Belfast,
0:09:09 > 0:09:12so I'm constantly on the road, normally Magherafelt,
0:09:12 > 0:09:16Dungannon, Coleraine, sometimes my home town of Omagh, but especially
0:09:16 > 0:09:20amongst young practitioners, you spend your life on the road.
0:09:21 > 0:09:23All barristers are self-employed.
0:09:23 > 0:09:25You run the business and you have to...
0:09:25 > 0:09:29Especially in your first two or three years out, you have to think
0:09:29 > 0:09:31further down the road, and hopefully, if you do a good job,
0:09:31 > 0:09:33other work will come.
0:09:35 > 0:09:38About two thirds of the work I would do would be criminal work.
0:09:38 > 0:09:45I have been qualified three years now, and benefit fraud, theft,
0:09:45 > 0:09:48dishonesty offences are quite prevalent.
0:09:48 > 0:09:51Unfortunately you see quite a lot of assault cases as well.
0:09:51 > 0:09:54People would often say if you could remove drink from the equation,
0:09:54 > 0:09:56the magistrates courts would probably be empty.
0:09:58 > 0:10:01Michael is finishing a case in Londonderry.
0:10:01 > 0:10:03His client is being sentenced.
0:10:03 > 0:10:06Michael has to present any information to the judge
0:10:06 > 0:10:08that may lessen the punishment.
0:10:08 > 0:10:12It should be a straightforward job that takes a set amount of time.
0:10:12 > 0:10:16Unfortunately my client, who missed his two probation meetings,
0:10:16 > 0:10:20also missed his bus this morning, so didn't arrive in court
0:10:20 > 0:10:21until after 12 o'clock.
0:10:21 > 0:10:25Thankfully the judge was just nearly finished his list, so we were able
0:10:25 > 0:10:29to sneak in on time before a bench warrant was issued for his arrest.
0:10:31 > 0:10:33Contrary to perhaps public misconception,
0:10:33 > 0:10:37lawyers do not drag out cases to try and make more money,
0:10:37 > 0:10:40because there is a composite fee, there is one fee.
0:10:40 > 0:10:45You don't get paid any additional fees for additional appearances at court.
0:10:45 > 0:10:50So if your client doesn't show up for court on a day, you don't get paid for that day.
0:10:53 > 0:10:55For the case we dealt with today,
0:10:55 > 0:10:59the fee for a barrister is £415, which might sound like a lot
0:10:59 > 0:11:02of money, but it's not just turning up on the day of sentencing.
0:11:02 > 0:11:05I had to consult with the client in advance of the contest,
0:11:05 > 0:11:08which meant travelling to Derry and taking a half day to do that,
0:11:08 > 0:11:10taking a half day in the evening to prepare the contest.
0:11:10 > 0:11:13On the day of contest, negotiating with the PPS,
0:11:13 > 0:11:16and my whole day was spent dealing with that case.
0:11:16 > 0:11:19The case was then listed for sentencing and I had to return
0:11:19 > 0:11:21to court today, so you maybe have
0:11:21 > 0:11:24four, five six appearances and consultations
0:11:24 > 0:11:28spread over the course of three or four months, and when you
0:11:28 > 0:11:32break it down, that £415 then becomes £70, £80, £90 a day.
0:11:32 > 0:11:37And when you start to take out your expenses of £40, £50, £60 a day,
0:11:37 > 0:11:41the profit margin actually is not as large as the figure may seem on paper.
0:11:48 > 0:11:50Roisin Adams is one of 74 people
0:11:50 > 0:11:54who lost money buying Italian property seven years ago.
0:11:54 > 0:11:58She was trying to make an investment for her children's education.
0:11:58 > 0:12:01But it all went wrong, and Roisin and the other investors
0:12:01 > 0:12:06sued their international lawyer for negligence and breach of contract.
0:12:06 > 0:12:10In February 2013, just before a court hearing,
0:12:10 > 0:12:13liability was admitted for 13 people.
0:12:13 > 0:12:18But for Roisin and the remaining clients, liability was denied.
0:12:18 > 0:12:23It's just very hard to accept there's a chance you've lost
0:12:23 > 0:12:26your money and you're going to be paying that money
0:12:26 > 0:12:30back for the rest of your working life.
0:12:30 > 0:12:34Regardless of the outcome,
0:12:34 > 0:12:40we as a family have to draw a line in the sand and move on.
0:12:51 > 0:12:54But the talking continued behind the scenes.
0:12:54 > 0:12:57And the legal team led by Frank O'Donoghue eventually persuaded
0:12:57 > 0:13:02the international lawyer's insurance company, AIG, to make a settlement.
0:13:02 > 0:13:08In the early part of this week, on Monday, in fact, of this week,
0:13:08 > 0:13:12an offer was received by my solicitor, Mr Chambers,
0:13:12 > 0:13:15that we were prepared finally to recommend to our clients,
0:13:15 > 0:13:18having regard to all the circumstances.
0:13:21 > 0:13:25This case was particularly stressful, given that this was group
0:13:25 > 0:13:30litigation, it involved almost 70 plaintiffs in this particular
0:13:30 > 0:13:33case, but this has been complex
0:13:33 > 0:13:37and difficult litigation, both factually and legally, and while
0:13:37 > 0:13:40we haven't been able to recover the entirety of their investment
0:13:40 > 0:13:44under the terms of this agreement, this settlement goes some way
0:13:44 > 0:13:48towards alleviating the stress and distress that's been caused to them.
0:13:50 > 0:13:54The exact terms are confidential under the settlement.
0:13:54 > 0:13:57But the clients don't get all their money back.
0:13:57 > 0:13:59There was a limit to the funds available through
0:13:59 > 0:14:02the insurance policy for professional negligence.
0:14:09 > 0:14:13It's defined our lives for the last seven years,
0:14:13 > 0:14:19so now that we've finally come to some sort of agreement, at least
0:14:19 > 0:14:23we can move on and start to make plans as a family.
0:14:26 > 0:14:30We had to pursue that money - it was too much of a financial
0:14:30 > 0:14:35loss, but at the end of the day it takes its toll on you mentally and
0:14:35 > 0:14:40at times the mental strain becomes even worse
0:14:40 > 0:14:44than the financial strain, so you really have to get
0:14:44 > 0:14:48the balance right, but, yeah, I do believe
0:14:48 > 0:14:53that we did the right thing in pursuing this case
0:14:53 > 0:14:55and if anything similar
0:14:55 > 0:14:59was to happen again, it wouldn't put me off,
0:14:59 > 0:15:01I would, you know, do it again. Yep.
0:15:12 > 0:15:15Frank has one last court appearance to tell the judge he's not
0:15:15 > 0:15:18needed as a settlement has been reached.
0:15:22 > 0:15:27Then it's time for the legal team to pack up and move on.
0:15:27 > 0:15:33Well, today was probably the easiest part of the process. It was where
0:15:33 > 0:15:37we actually announced the settlement of this litigation to the court.
0:15:39 > 0:15:43So today wasn't too bad. It only took five minutes.
0:15:43 > 0:15:47All the terms are signed, and that concludes the litigation,
0:15:47 > 0:15:49so the court has been informed.
0:15:55 > 0:15:57I think, at last count, there
0:15:57 > 0:16:00was something like 25 lever arch files on my dining room floor.
0:16:00 > 0:16:04So the first thing is to get those off my dining room floor,
0:16:04 > 0:16:08so that maybe we can use the room for what it is supposed to be.
0:16:21 > 0:16:25Stephen Quinn is on his way to the Hyponatraemia Inquiry in Banbridge.
0:16:28 > 0:16:32It's all to do with fluid overload in children.
0:16:32 > 0:16:36What happens is that children in hospital can be susceptible to
0:16:36 > 0:16:41the wrong type of intravenous fluid and they can go into fluid overload
0:16:41 > 0:16:47and this causes brain swelling, which causes death eventually.
0:16:47 > 0:16:52Because you're dealing with the death of children, it's very,
0:16:52 > 0:16:56very emotional and you can understand what the parents
0:16:56 > 0:16:58have gone through for all of these years.
0:16:58 > 0:17:03And you can understand why they want to leave no stone
0:17:03 > 0:17:07unturned in relation to the evidence in the case, in relation to
0:17:07 > 0:17:12what they see is the fault, and who the fault and blame should attach to.
0:17:14 > 0:17:19The inquiry is split into sections examining the deaths of each
0:17:19 > 0:17:21child and how it was handled.
0:17:21 > 0:17:24Marie and Ray Ferguson's nine-year-old daughter
0:17:24 > 0:17:29Raychel died at Altnagelvin Hospital in 2001.
0:17:29 > 0:17:33'She was very bright, very noisy,
0:17:33 > 0:17:36'you would have heard her before you would have seen her.
0:17:40 > 0:17:44'Every day, every minute of the day she's in my mind.'
0:17:46 > 0:17:48She never leaves, never.
0:17:52 > 0:17:57What we watched that day, of how Raychel was dying in front
0:17:57 > 0:18:02of our eyes, I'd always promised, you know, before Raychel left
0:18:02 > 0:18:04the house for the last time,
0:18:04 > 0:18:07I promised that I would get justice for her.
0:18:09 > 0:18:13Faced with a daily round trip of four hours,
0:18:13 > 0:18:17the Fergusons relocate to Banbridge when the inquiry is sitting.
0:18:17 > 0:18:21We don't live in Banbridge, we live in Derry,
0:18:21 > 0:18:24but we come up and stay four or five days a week.
0:18:24 > 0:18:29The inquiry was good enough to get us a house.
0:18:31 > 0:18:34It affects everything really, like,
0:18:34 > 0:18:38also affects the weans, cos you're not there. It's not easy for them,
0:18:38 > 0:18:43but they understand that this is something we have to do.
0:18:46 > 0:18:52The inquiry hears evidence from 78 doctors from four hospital trusts.
0:18:52 > 0:18:55Michael Stitt is representing the Altnagelvin Trust,
0:18:55 > 0:18:58its senior management and doctors.
0:18:58 > 0:19:01He's meeting a doctor who was the clinical director of anaesthetics.
0:19:01 > 0:19:04He played a key role in making sure the guidelines on fluid
0:19:04 > 0:19:07management in children were improved.
0:19:07 > 0:19:11This afternoon I'm meeting Dr Geoffrey Nesbitt,
0:19:11 > 0:19:15who is a consultant paediatric anaesthetist.
0:19:15 > 0:19:19It's to do with the Hyponatraemia Inquiry,
0:19:19 > 0:19:23specifically relating to the death of Raychel Ferguson.
0:19:23 > 0:19:28Dr Nesbitt is preparing to give evidence in a few weeks' time.
0:19:28 > 0:19:31Good to see you again, Dr Nesbitt. Thanks for coming.
0:19:31 > 0:19:34'I represent the Altnagelvin Trust,'
0:19:34 > 0:19:39and there's no doubt that there are areas of the care which could be
0:19:39 > 0:19:43and have been very closely scrutinised and have been improved.
0:19:43 > 0:19:47What I specifically wanted to deal with this afternoon is the numbers.
0:19:47 > 0:19:51'I feel, like everyone else in this inquiry, that we know Raychel,
0:19:51 > 0:19:55'but I have to try to ignore my natural feelings and just'
0:19:55 > 0:19:59concentrate on the issues, and that's what we're doing today,
0:19:59 > 0:20:02it's hard numbers and that's what we're trying to get to the bottom of.
0:20:02 > 0:20:05If you look at the experience throughout the United Kingdom
0:20:05 > 0:20:09of hyponatraemia, it's an extremely limited experience.
0:20:09 > 0:20:12This inquiry is important, any death of a child
0:20:12 > 0:20:17merits close investigation. When we have a number of children
0:20:17 > 0:20:22who appear to have died from the same complication, then one must
0:20:22 > 0:20:26look at why and one must look at the system and one must learn from that.
0:20:26 > 0:20:32Inquiries are different to court cases - no-one's being accused.
0:20:32 > 0:20:36It's a detailed examination searching for truth.
0:20:36 > 0:20:40The inquiry's own team of lawyers leads the questioning.
0:20:40 > 0:20:42But despite the less combative feeling,
0:20:42 > 0:20:46the witness box can still be a daunting and unfamiliar experience.
0:20:50 > 0:20:54The inquiry barrister takes each witness through their evidence.
0:20:56 > 0:20:58He or she will be reading the inquiry papers
0:20:58 > 0:21:04and then they will be preparing a list of questions.
0:21:04 > 0:21:08My role is really to protect the families' interests.
0:21:08 > 0:21:13And part of that is picking up on bits of the statements that we think
0:21:13 > 0:21:18are relevant and to that particular questioning of the witness.
0:21:18 > 0:21:21I'm allowed to, as it were, interrupt when I think there is a particular
0:21:21 > 0:21:26issue of relevance that hasn't been covered in depth by the inquiry.
0:21:26 > 0:21:30To a parent, that is very important to know that sort of information,
0:21:30 > 0:21:35so I had to get up and say, "Why was this information never passed over?" etc.
0:21:39 > 0:21:41I don't think there is any point in you
0:21:41 > 0:21:44and I going over any more of the technical issues.
0:21:44 > 0:21:50But can I give you some advice as to perhaps how to best conduct yourself?
0:21:50 > 0:21:54Because I know when you're masked up in the operating theatre
0:21:54 > 0:21:56it's obviously quite different to being in the inquiry.
0:21:56 > 0:21:59I think making eye contact with the chairman is a good thing,
0:21:59 > 0:22:03it gives you something to focus on.
0:22:03 > 0:22:08Secondly, listen to the questions. I will pop up
0:22:08 > 0:22:11if I feel that you are being unfairly questioned or
0:22:11 > 0:22:14you are not getting the opportunity to get your answer out
0:22:14 > 0:22:18or for some legal reason a question is inappropriate, you know
0:22:18 > 0:22:22I will be up there, just as we have done before in this inquiry with other witnesses.
0:22:22 > 0:22:25'I quite naturally feel apprehensive.'
0:22:25 > 0:22:28I have got a lot of information that I want to share with
0:22:28 > 0:22:30the inquiry. I mean, I really do want to help.
0:22:30 > 0:22:34You're the expert, you know what happened, and trust me,
0:22:34 > 0:22:36you will come across really, really well.
0:22:36 > 0:22:39OK, thanks for that. I hope your confidence isn't misplaced.
0:22:39 > 0:22:42It's not the audience that I fear,
0:22:42 > 0:22:46it's just how I come across as sincere, which I hope to be.
0:22:46 > 0:22:50My mantra would be "Do right and fear no man".
0:22:50 > 0:22:52And that is what I intend to do.
0:22:52 > 0:22:55- Thank you.- Good luck.
0:23:03 > 0:23:068am Saturday morning.
0:23:06 > 0:23:09It's another day on the road for up-and-coming junior barrister,
0:23:09 > 0:23:10Michael Forde.
0:23:13 > 0:23:17Well, late yesterday evening there were three individuals
0:23:17 > 0:23:20charged with drugs-trafficking offences and money-laundering
0:23:20 > 0:23:24offences and they have been charged to attend at Ballymena
0:23:24 > 0:23:29Magistrates Court this morning, to be formally charged before
0:23:29 > 0:23:34the court and then we're going to make an application for bail.
0:23:34 > 0:23:37There is a presumption in favour of bail, as everyone is innocent
0:23:37 > 0:23:39until proven guilty.
0:23:39 > 0:23:42But sometimes there will be legal arguments about whether you get
0:23:42 > 0:23:47bail or not and if you do then what conditions you have to agree to.
0:23:49 > 0:23:53And because there are several defendants,
0:23:53 > 0:23:56each one has their own lawyer.
0:23:58 > 0:24:01Well, if you can think of a drugs case were there is a gang
0:24:01 > 0:24:03involved or large scale fraud, where there's
0:24:03 > 0:24:06a number of individuals involved, you could have a defence
0:24:06 > 0:24:09saying something completely different from the last and
0:24:09 > 0:24:12if you had one lawyer representing each client's views that would be
0:24:12 > 0:24:16absolutely impossible to put forward three, four, five different versions
0:24:16 > 0:24:21of events, and that's the reason why you need your own separate legal
0:24:21 > 0:24:24representation to fight fearlessly and ferociously to put forward your
0:24:24 > 0:24:28version of events and fight your court, or your case and your corner.
0:24:28 > 0:24:32This is a case that will take some months to conclude.
0:24:32 > 0:24:34It appears to be quite a detailed police investigation,
0:24:34 > 0:24:39but given the complexity of the case, the matter could go on for nine,
0:24:39 > 0:24:4312 months, even longer, so we and the client are left in a state of limbo
0:24:43 > 0:24:47until the prosecution and the police have their case file together.
0:24:51 > 0:24:56The Hyponatraemia Inquiry hears evidence from 179 witnesses.
0:24:56 > 0:24:59For the families, the opportunity to tell their memories of what
0:24:59 > 0:25:02happened is gruelling but vital.
0:25:06 > 0:25:10'It's important for the families to support one another.
0:25:10 > 0:25:14'We can support each family that goes through the process.
0:25:17 > 0:25:21- 'For the Fergusons, they supported us when we were giving evidence. - Yes.'
0:25:21 > 0:25:24And that obviously helped them, because they saw us
0:25:24 > 0:25:27as parents, as a family, going through that process.
0:25:34 > 0:25:37Today the Fergusons were giving evidence.
0:25:37 > 0:25:41My role today was just about keeping it all on the rails.
0:25:44 > 0:25:47Witnesses like this, who are giving evidence in this
0:25:47 > 0:25:51sort of public inquiry, I think it's better to say nothing.
0:25:51 > 0:25:55It's their evidence, it has to be emphasised that none of us were
0:25:55 > 0:25:59there. They were there, it's their child and they lost their child.
0:25:59 > 0:26:01And it was very moving.
0:26:04 > 0:26:07It wasn't easy, but I felt comfortable,
0:26:07 > 0:26:10because I was going up there to tell the truth.
0:26:13 > 0:26:14You weren't being rushed
0:26:14 > 0:26:17and you had your time to say what you had to say.
0:26:22 > 0:26:25I think they understood themselves that we waited 12 years
0:26:25 > 0:26:29to get to say what we wanted to say and they allowed us that time.
0:26:32 > 0:26:35After 44 weeks of hearing evidence,
0:26:35 > 0:26:37the Hyponatraemia Inquiry ends.
0:26:37 > 0:26:41It's now down to the chairman to finish analysing all
0:26:41 > 0:26:44the information he's heard and write his report.
0:26:44 > 0:26:46For Stephen's clients,
0:26:46 > 0:26:48the process itself has already achieved something.
0:26:53 > 0:26:57This is the very end of the hyponatraemia brief,
0:26:57 > 0:27:05and these files are now being shredded today in the next hour.
0:27:05 > 0:27:10I've got a lorry coming down to take them away, cos there's so much bulk.
0:27:13 > 0:27:16It certainly has achieved a lot for the parents,
0:27:16 > 0:27:19because for the first time, we have an admission of liability
0:27:19 > 0:27:22in relation to all of the children that I represent.
0:27:22 > 0:27:27We have an apology, an unreserved apology from the trusts
0:27:27 > 0:27:31involved, so you can understand from the parents' point of view,
0:27:31 > 0:27:33that that is a major step forward.
0:27:39 > 0:27:42I think it has made a massive difference
0:27:42 > 0:27:46to how the Health Service in Northern Ireland sees itself.
0:27:49 > 0:27:52When these children died in hospital, there was
0:27:52 > 0:27:54a very poor system for reporting.
0:27:54 > 0:27:58The investigation is now controlled, and there are now protocols for
0:27:58 > 0:28:02the investigation of those types of incidents that we were dealing with.
0:28:02 > 0:28:06Up until this inquiry occurred, we didn't have any apology,
0:28:06 > 0:28:08nobody took any responsibility
0:28:08 > 0:28:10and we certainly didn't have any admission of liability
0:28:10 > 0:28:14for what happened in the hospitals that treated these children.
0:28:23 > 0:28:24Next time...
0:28:24 > 0:28:30For most barristers, this is the ultimate court experience.
0:28:30 > 0:28:34Our case is that there should be an exceptionality provision.
0:28:34 > 0:28:37- JUDGE:- Right, so are you putting all your eggs into the exceptionality point?
0:28:37 > 0:28:41'At this point all the work you have done that's well and good, but it's out of your control.'
0:28:41 > 0:28:44You have to trust your counsel to make the case on your behalf.