0:00:02 > 0:00:06This programme contains some strong language and scenes which some viewers may find upsetting
0:00:06 > 0:00:08In 2014, there were over 500,000
0:00:08 > 0:00:10criminal prosecutions in England and Wales.
0:00:10 > 0:00:12Each one was prosecuted not by the police,
0:00:12 > 0:00:14but by the lawyers of the Crown Prosecution Service.
0:00:14 > 0:00:18My job is about applying the law to other people's lives
0:00:18 > 0:00:20and, hopefully, for the public good.
0:00:20 > 0:00:23The defendant is found locked inside the house,
0:00:23 > 0:00:26with his mother dead downstairs.
0:00:26 > 0:00:30In every serious criminal case, the Crown Prosecution Service
0:00:30 > 0:00:34must decide who to charge and what to charge them with.
0:00:34 > 0:00:38I think that this will come down to, I suppose, is he bad or is he mad?
0:00:38 > 0:00:42Sometimes the difficult decisions are unpopular decisions,
0:00:42 > 0:00:44but they are the right decisions.
0:00:44 > 0:00:49It's their job to build the case and battle to secure a conviction.
0:00:49 > 0:00:52All the defence have to do is just pick at things.
0:00:52 > 0:00:53They just have to go like that,
0:00:53 > 0:00:55and say, "Well, you're not right about that."
0:00:55 > 0:00:59Now, for the very first time, the Crown Prosecution Service
0:00:59 > 0:01:02has let cameras in to film this unseen world
0:01:02 > 0:01:04between the police and the courts.
0:01:04 > 0:01:07These are real people, they're real people's lives
0:01:07 > 0:01:08and real emotions involved.
0:01:08 > 0:01:11We may have our suspicions but if the evidence isn't there,
0:01:11 > 0:01:12the evidence isn't there.
0:01:12 > 0:01:15For them it's evidence.
0:01:15 > 0:01:16It's my life.
0:01:24 > 0:01:29At 7.26 on the morning of the 8th of June 2014,
0:01:29 > 0:01:32Cheshire police receive a phone call.
0:01:47 > 0:01:50The emergency services find 42-year-old mother
0:01:50 > 0:01:52Rebecca Bamber in her back garden.
0:01:53 > 0:01:59She's been stabbed 13 times and is pronounced dead at 8.07am.
0:01:59 > 0:02:02After a police chase, the man seen leaving the scene,
0:02:02 > 0:02:0539-year-old carpet fitter David Hoyle,
0:02:05 > 0:02:07is arrested and charged with murder.
0:02:09 > 0:02:12The prosecution of David Hoyle will be overseen
0:02:12 > 0:02:15by the Mersey Cheshire Chief Crown Prosecutor, Claire Lindley.
0:02:16 > 0:02:18Morning.
0:02:18 > 0:02:21And it's not the only murder she has to deal with today.
0:02:21 > 0:02:24In my absence there's been two new murders.
0:02:24 > 0:02:28- Right, OK.- They're both of a domestic nature, so...
0:02:28 > 0:02:31So we need to check for any previous incident.
0:02:31 > 0:02:34Yes, if we've been involved in any way previously.
0:02:36 > 0:02:38Claire is in charge of a team of 100 prosecutors.
0:02:38 > 0:02:40Morning.
0:02:40 > 0:02:44Both of the murders have ended up on the desk of Richard Riley.
0:02:45 > 0:02:47- Richard, morning.- Good morning.
0:02:47 > 0:02:50I've been away two days and I've come back and there's two murders.
0:02:50 > 0:02:51Yes, great.
0:02:51 > 0:02:55And you've got them both. Can we talk about Hoyle first, then?
0:02:55 > 0:02:57I did wonder slightly about the relationship,
0:02:57 > 0:03:00because he doesn't seem to have lived there or...
0:03:00 > 0:03:02They had a relationship about 15 years ago.
0:03:02 > 0:03:04That sort of fizzled out
0:03:04 > 0:03:08and they sort of got together again on Facebook a few weeks ago.
0:03:08 > 0:03:09Right.
0:03:09 > 0:03:12He came over Saturday night for the first time.
0:03:12 > 0:03:14Bit hard to second-guess where this is going at the moment
0:03:14 > 0:03:16because he's made no comment.
0:03:16 > 0:03:19Yes, but given the fact that when he's arrested
0:03:19 > 0:03:21- he's covered in blood... - He's covered in the blood.
0:03:21 > 0:03:25..I suspect we may be looking at something like loss of control.
0:03:25 > 0:03:26- I don't...- Anything could happen.
0:03:26 > 0:03:29Anything could happen on that.
0:03:29 > 0:03:31That's trickier than the other murder.
0:03:31 > 0:03:32Yes.
0:03:32 > 0:03:35That's the case of Fox, son on mum.
0:03:35 > 0:03:37He leaves a message saying,
0:03:37 > 0:03:39- "Warning, there are dead bodies inside."- Yes.
0:03:39 > 0:03:41This is a hammer, hammer attack.
0:03:41 > 0:03:42Hammer and knife.
0:03:42 > 0:03:45Oh, it's a terrible thing. Honestly, Rachael.
0:03:45 > 0:03:47She's an old lady.
0:03:47 > 0:03:50- Oh, I thought you were talking about the other one. - Oh, we've moved on now.
0:03:50 > 0:03:52I thought you were talking about the DV one.
0:03:52 > 0:03:54Well, they're both DV, but this one,
0:03:54 > 0:03:56she's, what, 80 or something, Richard?
0:03:56 > 0:03:57- She's 83.- 83.
0:03:57 > 0:03:59And he's 59... No.
0:03:59 > 0:04:02And he lives with his mum and he's murdered his mum.
0:04:02 > 0:04:03No, he's a year younger than me.
0:04:03 > 0:04:06But they found him in the middle of slitting his wrists, apparently,
0:04:06 > 0:04:08and the mother dead.
0:04:08 > 0:04:10"I'm sorry to put you through this, it can't be pleasant."
0:04:10 > 0:04:13That's what he says to the officer when she goes to the house.
0:04:13 > 0:04:16"There's nobody else in the house, just me and my mother, who I have murdered."
0:04:16 > 0:04:20It's quite a formal statement that, isn't it? "Who I have murdered."
0:04:20 > 0:04:22It's not as good as the one we had last year.
0:04:22 > 0:04:25And the officer said, "I cautioned and arrested him on suspicion of murder,"
0:04:25 > 0:04:27to which he said, "There's no suspicion about it."
0:04:27 > 0:04:30- CLAIRE LAUGHS - Oh, it's not funny.
0:04:30 > 0:04:33Because both of the suspects are being held in custody,
0:04:33 > 0:04:35Richard will now have six months to build a case
0:04:35 > 0:04:38to prove them each guilty of murder.
0:04:40 > 0:04:42Five days after Rebecca Bamber was stabbed to death
0:04:42 > 0:04:46and her new boyfriend David Hoyle arrested, Richard is meeting
0:04:46 > 0:04:51the investigating police team to find out what they've uncovered.
0:04:51 > 0:04:53Among the statements so far taken
0:04:53 > 0:04:56is one from Rebecca Bamber's 25-year-old daughter.
0:05:22 > 0:05:25Richard Riley from the CPS to see DS Currie and DI Spooner.
0:05:25 > 0:05:28When we're looking at murder, we're looking to see
0:05:28 > 0:05:33whether that person did the act.
0:05:33 > 0:05:35- Mr Currie, how are we? - Good, mate. How are you?
0:05:35 > 0:05:37- I'm fine, thanks.- Come on in.
0:05:37 > 0:05:40Did that person have any mental health issues such that they
0:05:40 > 0:05:42didn't intend to kill the person?
0:05:42 > 0:05:45Did they intend to kill the person, or did
0:05:45 > 0:05:48they intend to just hit them in the face as some form of punishment,
0:05:48 > 0:05:52something like that, but not intend to kill them?
0:05:52 > 0:05:55And, of course, in a murder, we've got a scenario usually where
0:05:55 > 0:05:58there's two people in a room - one person is dead
0:05:58 > 0:06:02at the end of the incident and the other person is obviously
0:06:02 > 0:06:06going to try and say something
0:06:06 > 0:06:09that might constitute a defence in law.
0:06:09 > 0:06:15So what we've got to try and do is work out what happened in that home.
0:06:15 > 0:06:18We understand that they have only actually met three times.
0:06:18 > 0:06:21- And one time, obviously, he's killed her.- Yeah.
0:06:21 > 0:06:25I mean, my understanding is that Rebecca was lonely.
0:06:25 > 0:06:28She was looking to rekindle friendships
0:06:28 > 0:06:32and she's gone on Facebook and found David Hoyle.
0:06:32 > 0:06:34So we've got quite a bit of phone data
0:06:34 > 0:06:38that we're working on and, interestingly, some of the
0:06:38 > 0:06:41text messages between the two in the build-up.
0:06:41 > 0:06:42And she's saying to him,
0:06:42 > 0:06:45"I don't want to see you until you get off the drugs."
0:06:45 > 0:06:47You know, we can't, you know,
0:06:47 > 0:06:49we can't be in a relationship.
0:06:49 > 0:06:51And all these sorts of things.
0:06:51 > 0:06:53There's obviously a change in heart,
0:06:53 > 0:06:58we think following a phone call that he has later on in the day
0:06:58 > 0:07:00with Rebecca, cos the next messages are that
0:07:00 > 0:07:03he's on his way and, you know,
0:07:03 > 0:07:07she's saying, "Well, looking forward to seeing..." That type of thing.
0:07:07 > 0:07:12- Yeah.- We know certainly from CCTV etc that he arrives
0:07:12 > 0:07:15just before 11.20 at night
0:07:15 > 0:07:21and we can certainly say that he stays there, it would appear, all night.
0:07:21 > 0:07:24I guess we've got to cover all angles, because
0:07:24 > 0:07:28we don't know what this defence statement will say
0:07:28 > 0:07:33in terms of an explanation to the injuries that Rebecca sustained.
0:07:44 > 0:07:47David Hoyle was caught after police chased the van
0:07:47 > 0:07:50he left the scene in and forced it to stop.
0:07:54 > 0:07:58In the five days since his arrest, he's refused to make any comment
0:07:58 > 0:08:01on what happened in Rebecca Bamber's house.
0:08:01 > 0:08:05In some scenarios a defendant might say nothing,
0:08:05 > 0:08:09but if he's making no comment, until the case gets into the
0:08:09 > 0:08:14court process, we have no idea whether he'll say, "It wasn't me.
0:08:14 > 0:08:16"There was somebody else there.
0:08:16 > 0:08:18"I was acting in self-defence.
0:08:18 > 0:08:21"I've got diminished responsibility,
0:08:21 > 0:08:23"because I have a mental health issue."
0:08:23 > 0:08:28All manner of different defences that the defendant could say.
0:08:28 > 0:08:32So there's no point us just assuming he will plead guilty,
0:08:32 > 0:08:36we've got to actually have all our bases covered.
0:08:38 > 0:08:41- He has an injury to the back of his head...- Yeah.
0:08:41 > 0:08:44- ..which I want to try and negate. - I agree with you.
0:08:44 > 0:08:47- I mean, what are the defence going to come up with?- Yes.
0:08:47 > 0:08:49Are they going to say that this injury...
0:08:49 > 0:08:51Yes, exactly, to the back of his head.
0:08:51 > 0:08:53..was caused by her?
0:08:53 > 0:08:55He was provoked.
0:08:55 > 0:08:59Or is it merely her putting up a fight, you know?
0:08:59 > 0:09:03His main difficulty will be the number of injuries that have been inflicted.
0:09:03 > 0:09:04Oh, absolutely.
0:09:04 > 0:09:08That's.... I won't say that's his problem,
0:09:08 > 0:09:11but from a defence point of view...
0:09:11 > 0:09:13Yes, absolutely.
0:09:13 > 0:09:15- It's savage.- It is.
0:09:15 > 0:09:18It is, as Steve quite rightly says, it's a savage attack.
0:09:18 > 0:09:22I'm at a loss, to be honest, what defence.
0:09:22 > 0:09:25Well, we'll...we'll have to wait and see.
0:09:28 > 0:09:31Prosecuting violence against women and girls
0:09:31 > 0:09:34is now stated as a CPS priority.
0:09:35 > 0:09:37In 2014, the police brought them
0:09:37 > 0:09:40over 100,000 cases to consider.
0:09:41 > 0:09:44The reviewing lawyer must decide whether there's
0:09:44 > 0:09:46sufficient evidence to prosecute
0:09:46 > 0:09:49and if it is in the public interest.
0:09:51 > 0:09:53In a quarter of the cases considered,
0:09:53 > 0:09:56they decided a prosecution could not go ahead.
0:09:59 > 0:10:01Here we go.
0:10:02 > 0:10:07"Following your report, the attacker was charged with assault
0:10:07 > 0:10:11"occasioning actual bodily harm.
0:10:11 > 0:10:15"The CPS is responsible for deciding
0:10:15 > 0:10:19"whether or not the charges should be prosecuted.
0:10:19 > 0:10:25"In your case, I've taken the decision to stop the charge.
0:10:25 > 0:10:28"This is because there is insufficient evidence to
0:10:28 > 0:10:34"provide a realistic prospect of conviction for the charge."
0:10:34 > 0:10:36I got so angry inside.
0:10:36 > 0:10:38At first I thought, "Leave it."
0:10:38 > 0:10:41And then I looked at it again and I thought,
0:10:41 > 0:10:43"No. No. This is wrong."
0:10:43 > 0:10:45I was nearly dead.
0:10:45 > 0:10:46My children said to me,
0:10:46 > 0:10:49"Mum you were nearly... We nearly lost our mother."
0:10:49 > 0:10:51That is wrong.
0:10:51 > 0:10:55Viv has written to the CPS to appeal their decision not to prosecute
0:10:55 > 0:10:59under a new initiative, the Victims' Right to Review.
0:10:59 > 0:11:02This is a letter that I've just received now.
0:11:02 > 0:11:03It's...
0:11:05 > 0:11:07..12 pages long, the letter.
0:11:07 > 0:11:13And this particular offence is a Section 47 assault against this lady
0:11:13 > 0:11:17who, according to the letter here, was knocked unconscious.
0:11:17 > 0:11:21And we've told her that there's not sufficient evidence to prosecute.
0:11:21 > 0:11:23She starts off by saying...
0:11:25 > 0:11:29"Luckily for me I can remember things from that night,
0:11:29 > 0:11:31"seconds before I was knocked out.
0:11:31 > 0:11:35"I had not informed the police, as I thought I was going to Crown Court
0:11:35 > 0:11:38"where I then could have my say.
0:11:38 > 0:11:43"I remember my hair being pulled hard and a blow to my face.
0:11:45 > 0:11:50"I was then knocked out. Only remembered being in an ambulance
0:11:50 > 0:11:56"and a CID lady saying, 'Viv, you have no hair left.'"
0:11:56 > 0:11:59- Oh.- She lost a huge piece of her hair.
0:11:59 > 0:12:02- During the assault? - Pulled it out, yeah.
0:12:02 > 0:12:05- So you can see there, you get a fair idea there.- Oh.
0:12:05 > 0:12:07And then you get a fair idea of the bruising,
0:12:07 > 0:12:09so it's quite a nasty assault.
0:12:09 > 0:12:12If it's domestic, the defendant is her husband or boyfriend or...?
0:12:12 > 0:12:14She was having an affair with him.
0:12:14 > 0:12:18- Right. And it's over now, is it, their relationship?- Yes.
0:12:18 > 0:12:21"At the end of the day, I am mentally scarred for life
0:12:21 > 0:12:23"and living a life sentence.
0:12:23 > 0:12:25"I am scared to go out on my own.
0:12:25 > 0:12:28"He should be looking at an attempted murder charge.
0:12:28 > 0:12:30"This is not good enough.
0:12:30 > 0:12:34"I don't care what it takes, I want this turned over."
0:12:34 > 0:12:38I wonder whether Jo Lazzari might be best placed to look at it...
0:12:38 > 0:12:39Yes, she might.
0:12:39 > 0:12:42..as the domestic violence specialist.
0:12:42 > 0:12:48If a victim is really unhappy, then they have a right to review.
0:12:48 > 0:12:52Quite tricky because a victim might think there's evidence that there isn't,
0:12:52 > 0:12:56or perhaps, understandably, won't understand the law.
0:12:56 > 0:12:58But the bottom line is the evidence is the evidence
0:12:58 > 0:13:00and if there isn't enough evidence,
0:13:00 > 0:13:02then irrespective of the victim's views,
0:13:02 > 0:13:04which I've got full sympathy with,
0:13:04 > 0:13:07if there isn't the evidence there, then we can't prosecute.
0:13:07 > 0:13:09Do they think I'm lying?
0:13:09 > 0:13:12It makes it sound as though I've made it up, I'm lying.
0:13:12 > 0:13:15Well, I'm not going to sit there and pull me own hair out
0:13:15 > 0:13:17and smash myself in the face.
0:13:17 > 0:13:19The CPS need to get their act together.
0:13:19 > 0:13:21Whoever deals...
0:13:21 > 0:13:25is dealing with this case in the first place definitely got it wrong.
0:13:25 > 0:13:27We've dropped the case
0:13:27 > 0:13:30because although we can prove the defendant was at the scene,
0:13:30 > 0:13:33- we don't know that it was him that assaulted her.- OK.
0:13:33 > 0:13:36But Claire's quite concerned because the injuries are quite bad.
0:13:36 > 0:13:41But you can see, she's lost quite a...quite a big chunk of her hair.
0:13:41 > 0:13:44According to CMS, there was a taxi driver and a friend
0:13:44 > 0:13:47who won't give statements.
0:13:47 > 0:13:50So obviously that's caused an issue somewhere along the way.
0:13:50 > 0:13:52But we have her presumably?
0:13:52 > 0:13:56Well, at first she refused to accept it was him that did it,
0:13:56 > 0:14:00because she says, "He loves me too much to have hurt me in that way
0:14:00 > 0:14:02"and it can't possibly have been him."
0:14:02 > 0:14:06OK. It looks like it needs a careful looking at really then,
0:14:06 > 0:14:10in terms of what we do have evidentially.
0:14:10 > 0:14:12Now, what's happened to my tea?
0:14:12 > 0:14:15- I do need my tea before we start.- Yeah.
0:14:15 > 0:14:18David Hoyle is still refusing to give any comment
0:14:18 > 0:14:22about the events that led up to Rebecca Bamber being killed.
0:14:22 > 0:14:25The police team are continuing to gather evidence.
0:14:25 > 0:14:27Still plodding on with the telecoms.
0:14:27 > 0:14:30The interesting thing is the web history indicates that
0:14:30 > 0:14:36he's been desperately trying to find out where Becky lives.
0:14:36 > 0:14:42There's a number of hits for sites like White Pages, 192,
0:14:42 > 0:14:46electoral roll, all with searches for Becky Bamber.
0:14:46 > 0:14:50Cos the interesting thing could be, could it not,
0:14:50 > 0:14:52on that Saturday night, when all the time she is saying, you know,
0:14:52 > 0:14:56"You're not coming to the house. I don't want to see you until you're off the drugs."
0:14:56 > 0:14:58And there seems to be a complete U-turn
0:14:58 > 0:14:59and he's coming to the house.
0:14:59 > 0:15:02Perhaps we'll never know, but is it a question of he's said to her,
0:15:02 > 0:15:04"Look, I know where you live.
0:15:04 > 0:15:06"I don't care what you say, I'm coming, I'm coming"?
0:15:08 > 0:15:11As Richard tries to make sure he gets enough evidence to prove
0:15:11 > 0:15:13David Hoyle guilty of murder,
0:15:13 > 0:15:16he's also having to prepare for the second murder trial.
0:15:20 > 0:15:24It's now just over a week since the body of 83-year-old widow
0:15:24 > 0:15:28Mrs Yvonne Fox was found in the house in Alsager, Cheshire,
0:15:28 > 0:15:33she'd shared for the past 30 years with her only son Paul,
0:15:33 > 0:15:37and where Paul left a note saying he'd killed his mother.
0:15:37 > 0:15:41Today, Richard has his first meeting with the lead investigator.
0:15:41 > 0:15:47We need to make sure that we have enough evidence irrespective
0:15:47 > 0:15:50of what the defendant may or may not have said at the time,
0:15:50 > 0:15:56because we can't necessarily believe what the defendant is saying.
0:15:56 > 0:16:00So we can't just rely on a note left by the defendant and send him
0:16:00 > 0:16:02straight to prison without passing go.
0:16:02 > 0:16:06There's a whole court process that we have to go through
0:16:06 > 0:16:08and a huge investigation.
0:16:08 > 0:16:11I'll show you Paul Fox first, so you get a flavour for him.
0:16:13 > 0:16:17Right, so that's him. The scene is more important, I would suggest.
0:16:17 > 0:16:18Let's have a look.
0:16:18 > 0:16:20There's three bedrooms upstairs.
0:16:20 > 0:16:23There's his mum's room at the back, which is quite clean and tidy,
0:16:23 > 0:16:27as expected of a proud 83-year-old female, who's still got her marbles.
0:16:27 > 0:16:31- This is his mum's room. This is her bed.- Yeah.
0:16:31 > 0:16:32Blood there.
0:16:32 > 0:16:35There's the front bedroom, which is quite clean as well.
0:16:35 > 0:16:38- This is where he was found, at the top.- Yeah.- Sat on his bed.
0:16:38 > 0:16:41Then, at the back, there's a box room. That's where he lives.
0:16:41 > 0:16:47And you can hardly open the door for all the cider cans, bottles, beer.
0:16:47 > 0:16:49That's his cider from his room,
0:16:49 > 0:16:51cans from his room,
0:16:51 > 0:16:53wine and spirits.
0:16:53 > 0:16:54It's horrendous in there.
0:16:54 > 0:16:57You know, for example, we've got 813 drinking vessels from this address
0:16:57 > 0:17:01and we're talking three-litre cider Zeppelin bottles.
0:17:01 > 0:17:05240 of them had urine in, so that's strange sort of behaviour.
0:17:05 > 0:17:06What we're starting to see, Richard,
0:17:06 > 0:17:11- is an emerging picture of - he's a mummy's boy.- Yeah.
0:17:11 > 0:17:13He's been brought up with a mum who loves him,
0:17:13 > 0:17:16but he's not lived up to her expectations.
0:17:16 > 0:17:18Now this incident has happened.
0:17:18 > 0:17:21He's been working the week before the murder, newish job,
0:17:21 > 0:17:23he's doing well there, staff say he's good,
0:17:23 > 0:17:25he was in line for promotion.
0:17:25 > 0:17:28On the Saturday, he takes her shopping, as normal.
0:17:28 > 0:17:32- So we're going to get evidence from CCTV of his interaction with his mum.- Yeah.
0:17:32 > 0:17:35On the Saturday night, she thinks he's gone out for chips,
0:17:35 > 0:17:37but he's in the pub at the Alsager Arms.
0:17:37 > 0:17:40He has a couple of pints or so there and then bumps his car.
0:17:40 > 0:17:43And obviously the bobbies, they go and get him locked up
0:17:43 > 0:17:45- for the drink drive Saturday night. - Yeah.
0:17:45 > 0:17:47His mum's upset on the doorstep about, you know,
0:17:47 > 0:17:50he's getting locked up and he's going to lose his job.
0:17:52 > 0:17:56He goes into custody, presents as a normal drink driver.
0:17:56 > 0:17:58- Mr Fox. How are you?- OK.
0:17:58 > 0:18:01But he says on interview that he hatched his plan in custody,
0:18:01 > 0:18:05whilst there stewing, to murder his mum.
0:18:05 > 0:18:07His world's going to fall apart with this ban.
0:18:07 > 0:18:09He's going to lose his job and he doesn't want to live,
0:18:09 > 0:18:11so he's going to take her with him,
0:18:11 > 0:18:15because, potentially, she wouldn't live or be able to live without him.
0:18:15 > 0:18:18That's at the back. Mum was found in here.
0:18:18 > 0:18:20Right, she's been moved, but I'll show you where she was before.
0:18:20 > 0:18:22She was found here.
0:18:22 > 0:18:25Tea, beans, head lying there.
0:18:25 > 0:18:27The knife was here, the hammer's there.
0:18:27 > 0:18:30I think we're all fairly on the same page that this will come down to
0:18:30 > 0:18:33is he, I suppose, is he bad or is he mad?
0:18:33 > 0:18:36- Good luck to you.- OK, thank you.
0:18:36 > 0:18:40- Yes, is it possible to ring a taxi from here?- Yes.
0:18:40 > 0:18:43I mean, he's obviously going to go down the psychiatric route,
0:18:43 > 0:18:44I would've thought,
0:18:44 > 0:18:46and we'll just have to wait and see what comes up.
0:18:46 > 0:18:49I think the key one is to show that he knew intently
0:18:49 > 0:18:53- what he was going to do and he wasn't mad when he did it.- Yeah.
0:18:56 > 0:18:58The decision not to charge Viv's attacker
0:18:58 > 0:19:02means it's now over a year since she was assaulted.
0:19:02 > 0:19:05So when I went to see a hair technologist,
0:19:05 > 0:19:08they said because of the trauma of it being pulled,
0:19:08 > 0:19:10you've got trauma under the scalp
0:19:10 > 0:19:12that will take it a long time to grow back,
0:19:12 > 0:19:16plus, a lot of stress as well can stop your hair from growing.
0:19:16 > 0:19:19Following Viv's request for a Victim's Right to Review,
0:19:19 > 0:19:23Jo, a domestic abuse specialist, is looking at the case to decide
0:19:23 > 0:19:26if her attacker should now be prosecuted.
0:19:26 > 0:19:28So what I'm looking at first is the
0:19:28 > 0:19:30level of injury this lady has sustained.
0:19:30 > 0:19:32And you can see on this photograph,
0:19:32 > 0:19:36pieces of her hair have been ripped from her head.
0:19:36 > 0:19:39She says, "Since being released from hospital, I've been informed
0:19:39 > 0:19:44"by the doctor that my injuries consisted of a fractured cheekbone."
0:19:44 > 0:19:46She's got problems with her eye socket,
0:19:46 > 0:19:50she's got blurred vision, she's got a fracture to her tooth.
0:19:50 > 0:19:52You don't really need a medical degree to say that
0:19:52 > 0:19:55that's something that has been sustained in an assault.
0:19:55 > 0:19:57I just think, no matter what happens, Jeanette,
0:19:57 > 0:20:00if a woman loses her hair, there's nothing worse.
0:20:00 > 0:20:01- Nothing.- I don't care... - That's right.
0:20:01 > 0:20:03..if you break every bone in your body,
0:20:03 > 0:20:08- if you lose your hair, it's the most horrible thing going.- Definitely.
0:20:08 > 0:20:12The reason this case is a bit unusual is that the victim
0:20:12 > 0:20:15doesn't actually recall what happened to her.
0:20:15 > 0:20:17She can recall the immediate aftermath,
0:20:17 > 0:20:21but she can't remember actually being assaulted.
0:20:21 > 0:20:24When I was, like, in hospital, the police,
0:20:24 > 0:20:27he brought me this hair in a bag,
0:20:27 > 0:20:29cos I couldn't remember anything.
0:20:29 > 0:20:31And he just said, "Does that bring back any memories?"
0:20:31 > 0:20:33And I just... I was nearly sick.
0:20:33 > 0:20:36He must have really took a yank at that?
0:20:36 > 0:20:37I was on the driver's side
0:20:37 > 0:20:40and I was dragged from the passenger side
0:20:40 > 0:20:42- with my seatbelt on, by my hair. - Shocking.
0:20:42 > 0:20:46I'm just going to have a look at what he said to the police.
0:20:46 > 0:20:51And what he's actually said...is nothing at all.
0:20:51 > 0:20:54Why would you make no comment in these circumstances?
0:20:54 > 0:20:56If he's there, he's seen somebody else do this,
0:20:56 > 0:20:57why not give that name?
0:20:57 > 0:20:59Why not give some sort of account?
0:20:59 > 0:21:02And this person's still walking free?
0:21:02 > 0:21:04Oh, the attacker is still walking free, yeah.
0:21:04 > 0:21:10My daughter went out the other night and he was chatting a girl up.
0:21:10 > 0:21:12And my daughter felt like saying,
0:21:12 > 0:21:15"Please, don't go there in case it happens."
0:21:15 > 0:21:18But she kept out of it. Anyway, the girl told him where to go.
0:21:18 > 0:21:21This has happened outside in the street,
0:21:21 > 0:21:24so there are people that have seen and heard bits and pieces.
0:21:24 > 0:21:28PC Riley's come to the scene and she's spoken to the taxi driver,
0:21:28 > 0:21:32and he said the person in his taxi has got out,
0:21:32 > 0:21:35approached a female, which is our victim,
0:21:35 > 0:21:39he's dragged her out of the car and repeatedly punched her to the head,
0:21:39 > 0:21:42but he won't give the police a statement.
0:21:42 > 0:21:45I'm not content that necessarily we're going to leave it at that.
0:21:45 > 0:21:47We could look to potentially having those witnesses
0:21:47 > 0:21:51compelled into court and asked to tell us what's happened.
0:21:51 > 0:21:54And if they don't do that, the judge can have them arrested
0:21:54 > 0:21:59and he can have them locked up for a month in contempt of court.
0:22:02 > 0:22:04Me and this machine, we don't get on.
0:22:04 > 0:22:07The decision not to charge a case can only be overturned with
0:22:07 > 0:22:10the approval of the Chief Crown Prosecutor.
0:22:10 > 0:22:13I've been right through the letter and through the case itself.
0:22:13 > 0:22:15There's actually two live witnesses.
0:22:15 > 0:22:19This is the thing that I don't understand why it's just been let go.
0:22:19 > 0:22:22There's a taxi driver and another person at the scene
0:22:22 > 0:22:25who directly witnessed what he's done.
0:22:25 > 0:22:28One of them is her friend and he's just said he won't co-operate.
0:22:28 > 0:22:30I'm thinking either we're going out
0:22:30 > 0:22:34and trying a bit harder to get some actual statements off them,
0:22:34 > 0:22:37or compelling them on what they've already said.
0:22:37 > 0:22:40I have to decide whether the decision was wrong
0:22:40 > 0:22:42or whether there's new evidence
0:22:42 > 0:22:45and, actually, what we'd be better doing is getting
0:22:45 > 0:22:48all the evidence that we're going to get,
0:22:48 > 0:22:51trying to get the statements from those witnesses, for example.
0:22:51 > 0:22:52Let's do that first.
0:22:52 > 0:22:55But it sounds like we have to be transparent and say it was wrong,
0:22:55 > 0:22:57- you know, and that's fine...- Yeah.
0:22:57 > 0:22:59..if that's what it is.
0:22:59 > 0:23:01- Well, we make mistakes, don't we, sometimes?- Yeah, exactly.
0:23:01 > 0:23:03You know, it isn't an obvious case.
0:23:03 > 0:23:07There is nobody at the moment with a witness statement saying, "That man did it."
0:23:10 > 0:23:12Following the killing of Rebecca Bamber, David Hoyle
0:23:12 > 0:23:14was seen leaving the scene.
0:23:16 > 0:23:19He has now sacked his original legal team
0:23:19 > 0:23:21and his new legal team have broken the silence.
0:23:24 > 0:23:28In a case such as murder, the defendant must inform
0:23:28 > 0:23:30the court the nature of his defence.
0:23:30 > 0:23:32We sit and we wait.
0:23:32 > 0:23:34We have our case prepared,
0:23:34 > 0:23:36we think we've covered all our bases
0:23:36 > 0:23:39and then we wait for this defence to come in.
0:23:42 > 0:23:43Then we get that
0:23:43 > 0:23:47and we go scurrying back to our file and make sure
0:23:47 > 0:23:53that everything the defendant is now saying happened, we can disprove.
0:23:53 > 0:23:54Is this it?
0:23:54 > 0:23:55This is it.
0:23:55 > 0:24:00You'll find it interesting, to say the least.
0:24:00 > 0:24:04"The defendant denies that any of his actions were undertaken with
0:24:04 > 0:24:08"the intent to cause death or grievous bodily harm."
0:24:08 > 0:24:09That's his defence.
0:24:09 > 0:24:12Well, that's wild really, when you look at the facts of the case.
0:24:12 > 0:24:14- Read on.- Anyway.
0:24:14 > 0:24:17"He was a habitual drug user.
0:24:17 > 0:24:20"He'd purchased crack cocaine and heroin,
0:24:20 > 0:24:23"and had used some of the crack and all of the heroin."
0:24:23 > 0:24:25Goodness me.
0:24:25 > 0:24:30Does that... Did we have access to the sort of his pathology, if you like?
0:24:30 > 0:24:32No. He didn't have any veins to take any blood from.
0:24:32 > 0:24:36So much drug use that all his veins have collapsed,
0:24:36 > 0:24:38so they couldn't take a blood sample.
0:24:38 > 0:24:41- But as I say...- Sorry, read on.
0:24:41 > 0:24:43"After sleeping with her in her bed,
0:24:43 > 0:24:47"the defendant was confronted by a sudden change of mood on her part.
0:24:47 > 0:24:49"She picked up a wine bottle,
0:24:49 > 0:24:52"striking herself over the head with it."
0:24:52 > 0:24:56So he's sort of saying some of those injuries are caused, self-inflicted.
0:24:56 > 0:24:58Eight fractures to the skull.
0:24:58 > 0:24:59My God. Again...
0:24:59 > 0:25:02You couldn't possibly fracture your own skull, could you?
0:25:02 > 0:25:05The pathologist is being asked to comment on that...
0:25:05 > 0:25:09- On that possibility. - ..on that possibility.
0:25:11 > 0:25:13The prosecution have been working on ways of making
0:25:13 > 0:25:17the evidence they do have easily understandable in a trial.
0:25:17 > 0:25:19The police have produced these,
0:25:19 > 0:25:20which I think are absolutely fantastic,
0:25:20 > 0:25:23which are going to be for the jury and the judge.
0:25:23 > 0:25:25This is what they found - spatter on the bed.
0:25:25 > 0:25:28So the bottle attack really took place upstairs.
0:25:28 > 0:25:31But I guess he is saying that?
0:25:31 > 0:25:34- I'm not buying into the defence, don't get me wrong...- No, no.
0:25:34 > 0:25:35..but he does say that.
0:25:35 > 0:25:37I'll show you downstairs.
0:25:37 > 0:25:41There's blood by the door and this is all the blood that leads out.
0:25:41 > 0:25:43That's the knife drawer.
0:25:43 > 0:25:45Ah-ha. Yeah, go on.
0:25:45 > 0:25:51Her footprints are in blue and his footprints are the black trainers.
0:25:51 > 0:25:55What we say is she's tried to go to the door, he's come.
0:25:55 > 0:25:56She's then gone to the window,
0:25:56 > 0:25:59where she's been, he's been seen by the witness. He's come...
0:25:59 > 0:26:00He's come to there.
0:26:00 > 0:26:02We've then gone back there.
0:26:02 > 0:26:04Look whose footprints go to the cutlery drawer.
0:26:04 > 0:26:06- Mm.- Not hers.
0:26:06 > 0:26:10No. I mean, that's a brilliant description there, isn't it?
0:26:12 > 0:26:14To help the presentation of the case,
0:26:14 > 0:26:17the police have combined the CCTV footage from the shop
0:26:17 > 0:26:22opposite Rebecca's house with the 999 call they received.
0:26:22 > 0:26:26That's the witness trying to get a response from the door.
0:26:26 > 0:26:30Kind of turning up as a concerned neighbour.
0:26:30 > 0:26:34He then comes to the window, as we say he does.
0:26:34 > 0:26:35He sees that.
0:26:36 > 0:26:40- And he's run off to ring 999. - He's rung and phoned up.
0:27:15 > 0:27:17This is him.
0:27:17 > 0:27:20Look, he's just put something in. That's the defendant.
0:28:08 > 0:28:11- Oh, he thinks the daughter's there. - Yes.- Oh, God.
0:28:13 > 0:28:15Poor man.
0:28:18 > 0:28:21- That's it.- Oh, God.
0:28:25 > 0:28:27Not good.
0:28:29 > 0:28:30It got to me as well.
0:28:30 > 0:28:32It's...dreadful.
0:28:32 > 0:28:34And we didn't even know her.
0:28:34 > 0:28:37- Yeah, exactly.- You know?
0:28:37 > 0:28:40That just... Quite often you're doing things on paper and doing
0:28:40 > 0:28:43a legal job, and then you actually listen to something like that.
0:28:43 > 0:28:45- That's it, isn't it? - It just really hits home.
0:28:50 > 0:28:54Although the CPS lawyers prepare the file of evidence,
0:28:54 > 0:28:57the prosecution of a murder case in court is generally
0:28:57 > 0:29:02carried out by the most senior of barristers - a Queen's Counsel.
0:29:02 > 0:29:07His responsibility is to stand up in court and present the case,
0:29:07 > 0:29:09and...
0:29:09 > 0:29:13I do all the running around, in effect.
0:29:13 > 0:29:15Not that I mind that.
0:29:15 > 0:29:18That's my job.
0:29:18 > 0:29:21Richard's just given the Fox file to the QC who's been hired
0:29:21 > 0:29:25to prove in court that Paul Fox murdered his mother.
0:29:25 > 0:29:27Now, I know a little about the case
0:29:27 > 0:29:31from what the Crown Prosecution Service lawyers have told me.
0:29:31 > 0:29:35I know that it involves the alleged murder of an elderly lady
0:29:35 > 0:29:38by her middle-aged son.
0:29:38 > 0:29:43A very brutal murder, allegedly involving a lump hammer and a knife.
0:29:46 > 0:29:50So what I'll do now is have a look at the main issues,
0:29:50 > 0:29:54consider what further evidence we might need, perhaps pre-empt
0:29:54 > 0:29:58what points of law might arise, things the defence might say.
0:29:58 > 0:30:00The issue of his state of mental health
0:30:00 > 0:30:03and whether or not his state of mental health has any effect
0:30:03 > 0:30:09upon his responsibility for what he has done may well be a real issue.
0:30:09 > 0:30:10Whether it gives him a partial defence
0:30:10 > 0:30:13like diminished responsibility, which reduces
0:30:13 > 0:30:16murder to manslaughter, if the defence establish that.
0:30:18 > 0:30:21The type of issues also arising in this are linked to
0:30:21 > 0:30:25the relationship between Paul Fox and his mother.
0:30:25 > 0:30:28I have to bear that in mind, both in terms of presenting,
0:30:28 > 0:30:30dealing with the case for the prosecution,
0:30:30 > 0:30:33and taking into account the defendant's position too.
0:30:33 > 0:30:34My job is to prosecute the case,
0:30:34 > 0:30:38but it's to do it fairly and to bear in mind the whole picture.
0:30:38 > 0:30:42But, yeah, a very serious case, and undoubtedly a very sad case.
0:30:45 > 0:30:50In Alsager, Mrs Fox was a regular at the weekly church coffee morning.
0:30:50 > 0:30:54DI Simon Blackwell has gone to meet her friends.
0:30:54 > 0:30:57There will be in court clear discussion on what happened.
0:30:57 > 0:31:02I can't go into full details, but it wasn't a pleasant thing for Yvonne.
0:31:02 > 0:31:04It was an attack of some force and gravity,
0:31:04 > 0:31:06so I just wanted to prepare you.
0:31:06 > 0:31:08I wouldn't want you to be having your cornflakes,
0:31:08 > 0:31:11pick up the paper and read about what happened to Yvonne.
0:31:11 > 0:31:14A lot of you round this table are as good as family to her.
0:31:14 > 0:31:16Generally, how are people in the village? How's it going?
0:31:16 > 0:31:21Well, we've discussed it at almost every meeting, really, you know.
0:31:21 > 0:31:22We just wondered what has happened.
0:31:22 > 0:31:27One minute we think, you know, it's sad for Paul, the next minute,
0:31:27 > 0:31:28we think it's sad for Yvonne.
0:31:28 > 0:31:32But, you know, with a son and a mother involved,
0:31:32 > 0:31:34it's even worse somehow, isn't it?
0:31:34 > 0:31:37We were very shocked.
0:31:37 > 0:31:40But Paul, yes, he was a loner,
0:31:40 > 0:31:44but, you know, Yvonne thought the world of him.
0:31:44 > 0:31:50And, to be quite honest, I don't think it was done on purpose.
0:31:50 > 0:31:54I think it's, you know, it's been...
0:31:54 > 0:31:56spur of the moment,
0:31:56 > 0:31:59and he's not been in the right frame of mind.
0:31:59 > 0:32:00This is how we've discussed it.
0:32:00 > 0:32:03It's gone from one to blame to the other to blame.
0:32:03 > 0:32:08The more you discuss it, the more complicated it gets, basically, doesn't it?
0:32:08 > 0:32:13I think that he is going to try and say that it is his alcohol misuse
0:32:13 > 0:32:18that has led him to have some form of mental illness that
0:32:18 > 0:32:21so affected his judgment that he, that he killed his mother.
0:32:21 > 0:32:26The fact, "I was drinking at the time," isn't a defence.
0:32:26 > 0:32:30You can't just drink alcohol and murder somebody.
0:32:30 > 0:32:31That would be silly.
0:32:31 > 0:32:34Of course that's not a defence.
0:32:34 > 0:32:39But if somebody is to such an extent high on drugs and alcohol
0:32:39 > 0:32:43that they couldn't possibly have the capacity to intend
0:32:43 > 0:32:47to do something, then that possibly could be a defence.
0:32:47 > 0:32:50- Can you see us? - Yeah, perfectly, thank you.
0:32:50 > 0:32:53- Unfortunately. - HE LAUGHS
0:32:53 > 0:32:57The prosecution team is still working on gathering enough evidence
0:32:57 > 0:33:00to counter any defence Paul Fox may put forward.
0:33:00 > 0:33:04There may be a defence case around personality disorder
0:33:04 > 0:33:06of some level for Mr Fox,
0:33:06 > 0:33:10and also the alcohol dependency syndrome elements.
0:33:10 > 0:33:13I clearly outlined the fact that he was rational over
0:33:13 > 0:33:16the weekend of his custody arrest for drink-drive.
0:33:16 > 0:33:18He was sober when he left custody.
0:33:18 > 0:33:21He's then gone out and took that pre-meditated decision to buy
0:33:21 > 0:33:25his alcohol, a shift in change of drinking by buying the hard spirits,
0:33:25 > 0:33:29and then the obviously pre-meditated two attacks on his mother.
0:33:29 > 0:33:31The other thing I picked up on the report,
0:33:31 > 0:33:33which is of interest for us generally,
0:33:33 > 0:33:35the bag found on the seat of his car,
0:33:35 > 0:33:38which had a blood smear on it, is her blood.
0:33:38 > 0:33:42It's quite important that, because that night he goes out to Bargain Booze
0:33:42 > 0:33:45and he hasn't been in the car when he's gone the Sunday before.
0:33:45 > 0:33:48So the Monday night, he's already clearly done some sort of assault
0:33:48 > 0:33:52on his mum, cos there's blood on the bag that he gets from the shop.
0:33:52 > 0:33:55So he's part way through his assault process and he's still decided
0:33:55 > 0:33:59to go out and eat, get munchies and get his ale and his vodka.
0:33:59 > 0:34:02So again, it paints that picture for the jury of he was
0:34:02 > 0:34:04compos mentis enough to go out and do that.
0:34:06 > 0:34:10Following Viv's request for the CPS to review her case,
0:34:10 > 0:34:13the police have re-interviewed the two witnesses to her assault.
0:34:13 > 0:34:16Both have now provided statements.
0:34:17 > 0:34:19In a way, it doesn't matter now
0:34:19 > 0:34:22whether the earlier decision was wrong or not.
0:34:22 > 0:34:24- We've actually got new evidence. - Yes.
0:34:24 > 0:34:27So that's that. That's a done deal as far as I'm concerned.
0:34:27 > 0:34:30The only thing that worries me about the earlier decision
0:34:30 > 0:34:33in some respects is why didn't we ask
0:34:33 > 0:34:37and push the police at that point to get these two statements?
0:34:37 > 0:34:39Because you pushed, so the police did.
0:34:39 > 0:34:42Perhaps we could have done that before we discontinued it,
0:34:42 > 0:34:44I think is the lesson really.
0:34:44 > 0:34:48Yeah, I mean, that's what we say we will do in domestic violence cases, isn't it?
0:34:48 > 0:34:51Yes, to go that extra mile.
0:34:51 > 0:34:54The prosecution can't prove the extent of Viv's injuries,
0:34:54 > 0:34:58but the hair loss and photos are enough to charge Ian Hickman
0:34:58 > 0:35:02with assault occasioning actual bodily harm.
0:35:02 > 0:35:05He will be allowed to remain on bail until the trial takes place.
0:35:05 > 0:35:09In the case involving the Victims' Right to Review, for example,
0:35:09 > 0:35:14I've never met that victim and yet we've been integral
0:35:14 > 0:35:18in making sure that that case is properly prosecuted.
0:35:18 > 0:35:24And so, hopefully, she will feel as if we've cared about her
0:35:24 > 0:35:28when we've made that decision, and yet we've never even met her.
0:35:28 > 0:35:31So we're kind of the silent partners
0:35:31 > 0:35:33in the criminal justice system, to an extent,
0:35:33 > 0:35:35cos we are making decisions about people
0:35:35 > 0:35:39and for people without ever even meeting them.
0:35:43 > 0:35:48Almost six months after Rebecca Bamber was attacked and killed,
0:35:48 > 0:35:51David Hoyle is due to go on trial for her murder.
0:35:51 > 0:35:54This prosecution team has also now been completed with
0:35:54 > 0:35:59the addition of the QC who will present the case.
0:35:59 > 0:36:04We have to establish from the evidence that which he did,
0:36:04 > 0:36:07he did with the intention of either killing
0:36:07 > 0:36:09or inflicting really serious harm.
0:36:09 > 0:36:14An important part of any case is the pathological evidence.
0:36:14 > 0:36:18It deals with the force that's very often used when somebody uses
0:36:18 > 0:36:22a knife, dependent on the extent of those injuries, which can help
0:36:22 > 0:36:27in making an assessment as to that question of intention.
0:36:27 > 0:36:32What I'm not going to do is show the jury photographs of injuries.
0:36:32 > 0:36:36So what we'll do is I will ask the pathologist to prepare a sketch.
0:36:36 > 0:36:39It avoids the jury having to see photographs,
0:36:39 > 0:36:41which are particularly unpleasant,
0:36:41 > 0:36:44but does allow them to see the position
0:36:44 > 0:36:46and extent of those injuries.
0:36:46 > 0:36:49In a case such as this, there are also a number of injuries
0:36:49 > 0:36:52here which amount to defensive-type injuries.
0:36:52 > 0:36:57So this lady, when she was being stabbed, was making attempts to
0:36:57 > 0:37:03fend off the blows, the repeated blows that were coming her way.
0:37:03 > 0:37:07Sometimes the photographs are particularly unpleasant.
0:37:07 > 0:37:10And whilst you can speed over the ones that are
0:37:10 > 0:37:13particularly unpleasant, that process has to be done.
0:37:13 > 0:37:16And ultimately it's my decision to say to the police
0:37:16 > 0:37:19and the prosecution service, "These are the photographs
0:37:19 > 0:37:21"I want in a bundle for the jury to see."
0:37:21 > 0:37:24So I have to go through it.
0:37:26 > 0:37:29With the trials approaching,
0:37:29 > 0:37:31Richard has a final meeting with his other QC.
0:37:33 > 0:37:36The prosecution team that are trying to prove Paul Fox
0:37:36 > 0:37:39guilty of murdering his elderly mother are still worried about the
0:37:39 > 0:37:43implications of a written confession Paul Fox left at the scene.
0:37:43 > 0:37:47At the moment, we have his explanation, which is that,
0:37:47 > 0:37:49"I decided I couldn't go on,
0:37:49 > 0:37:51"I decided I couldn't leave her
0:37:51 > 0:37:54"and so I decided I'd take her and then do myself in."
0:37:54 > 0:37:56That's what he SAYS, OK?
0:37:56 > 0:37:58But if you actually look at what's HAPPENED,
0:37:58 > 0:38:01there are some questions over some of that stuff, I think.
0:38:01 > 0:38:04The type of stuff that he buys when he's going to and from the shops,
0:38:04 > 0:38:06including the food that he buys.
0:38:06 > 0:38:08It's a strange choice of food if you're about to finish everything.
0:38:08 > 0:38:11He doesn't actually take his own life, or try to do so,
0:38:11 > 0:38:12does he, until really near to the end.
0:38:12 > 0:38:15And it has to be said, for reasons that are still not entirely clear,
0:38:15 > 0:38:17decided she can't carry on without me,
0:38:17 > 0:38:20when she plainly is physically able.
0:38:20 > 0:38:22I'm not trying to conjure up phantoms at this point,
0:38:22 > 0:38:26but there's a background here of a very claustrophobic
0:38:26 > 0:38:29relationship in that house with his mother, and there's alcohol
0:38:29 > 0:38:32and his drinking has plainly been a flashpoint before.
0:38:32 > 0:38:36I mean, it could be that this suicide business is an afterthought.
0:38:36 > 0:38:41That, in fact, they've had the row and he's lost his temper,
0:38:41 > 0:38:42and bang, bang, bang.
0:38:42 > 0:38:44Now what am I going to do?
0:38:44 > 0:38:46You see, that's what I'm wondering.
0:38:46 > 0:38:49Yeah, but either he's telling us the truth
0:38:49 > 0:38:51and, in fact, on that basis,
0:38:51 > 0:38:53it's still difficult to see how he has got any defence,
0:38:53 > 0:38:56partial or otherwise, on his account at the moment on the evidence.
0:38:56 > 0:39:00Fine. Or the truth is something different.
0:39:01 > 0:39:04Paul Fox's lawyer has hired a psychiatrist to write
0:39:04 > 0:39:07a report on his state of mind.
0:39:07 > 0:39:12It will form part of his defence in court.
0:39:12 > 0:39:15I feel a bit nervous actually. Don't know why.
0:39:15 > 0:39:17I'm not normally nervous.
0:39:17 > 0:39:20Today, Ian Hickman is due in Chester Crown Court.
0:39:20 > 0:39:23This will be a plea and case management hearing,
0:39:23 > 0:39:25where the trial date can be set and he can enter his plea
0:39:25 > 0:39:29to the charge of assault occasioning actual bodily harm.
0:39:31 > 0:39:35The CPS is being represented by one of their in-house advocates.
0:39:35 > 0:39:38I don't know whether the defendant's going to plead guilty or not guilty
0:39:38 > 0:39:42today when he appears for his plea and case management hearing.
0:39:42 > 0:39:45So what I'm going to do is complete the questionnaire, which just
0:39:45 > 0:39:49basically indicates how we intend to put our case,
0:39:49 > 0:39:51which witnesses we're going to call,
0:39:51 > 0:39:53and the defence fill their part in as well.
0:39:54 > 0:39:58I'm content that there is a case there that does have
0:39:58 > 0:40:00a realistic prospect of conviction.
0:40:00 > 0:40:02But then we do take cases to court
0:40:02 > 0:40:03and they're acquitted.
0:40:04 > 0:40:07And it's a very fine-balanced judgment.
0:40:07 > 0:40:12Because obviously if we stand in a courtroom with hopeless cases,
0:40:12 > 0:40:14we as a service have no credibility.
0:40:14 > 0:40:17We want to be able to stand there and say, "We believe in this case."
0:40:17 > 0:40:19That's what it means when we prosecute something.
0:40:19 > 0:40:21We're saying, "We believe you.
0:40:21 > 0:40:23"This has happened the way you've said it's happened
0:40:23 > 0:40:26"and we're going to do something about it."
0:40:26 > 0:40:29That's what a prosecution is.
0:40:29 > 0:40:31I've been very, very stressed out today waiting to see
0:40:31 > 0:40:35whether he's pleaded guilty or not.
0:40:35 > 0:40:37So I'm just still waiting on that phone call now to see
0:40:37 > 0:40:39what's going on, you know?
0:40:39 > 0:40:41But, obviously, if he's not pleaded guilty,
0:40:41 > 0:40:43it's going to be a long, stressful time.
0:40:45 > 0:40:47After consultation with his advocate,
0:40:47 > 0:40:49the defendant enters his plea.
0:40:49 > 0:40:52He pleaded guilty to all the offences
0:40:52 > 0:40:54and his advocate then asked for the case
0:40:54 > 0:40:57to be adjourned for pre-sentence report.
0:40:57 > 0:41:01And because it's a case of domestic violence, that report will deal with
0:41:01 > 0:41:05obviously his background and his attitude towards the offence.
0:41:05 > 0:41:09I'm just ringing to ask if you would phone Mrs Driver-Hart
0:41:09 > 0:41:12to just let her know what happened in court this morning?
0:41:12 > 0:41:16I've just had a call from court to say that he has pleaded guilty.
0:41:16 > 0:41:20What they've done is adjourned it now to prepare pre-sentence report.
0:41:20 > 0:41:23So what's... I don't understand what that means now.
0:41:23 > 0:41:25I thought if he pleaded guilty,
0:41:25 > 0:41:27I thought that that would be the end of it now.
0:41:27 > 0:41:28Yes, it will be,
0:41:28 > 0:41:33but before the judge can sentence him, he'll need a report.
0:41:33 > 0:41:36He's still got bail conditions, as before,
0:41:36 > 0:41:39not to come within a 100 metres of your home address.
0:41:40 > 0:41:43I feel as though it's him that's getting all the pampering
0:41:43 > 0:41:46and special measures made for him and this, that and the other.
0:41:46 > 0:41:49I just feel as though I've been shoved to one side.
0:41:49 > 0:41:51I know you have been helpful to me,
0:41:51 > 0:41:52but that's how I feel inside.
0:41:55 > 0:41:58A week before Paul Fox is due to go on trial
0:41:58 > 0:41:59for the murder of his mother,
0:41:59 > 0:42:02the prosecution have been called to court.
0:42:02 > 0:42:05The defence have asked for a hearing with the judge.
0:42:09 > 0:42:12Quite an impactive for the judge, won't it?
0:42:14 > 0:42:17These are the two from the kitchen, aren't they?
0:42:19 > 0:42:21It's a massive blade that, actually.
0:42:22 > 0:42:26The defence instructed their own psychiatrist.
0:42:26 > 0:42:28We've never had a report from them,
0:42:28 > 0:42:32because it wasn't particularly favourable from their point of view.
0:42:32 > 0:42:35We instructed our own psychiatrist
0:42:35 > 0:42:39and he concluded that there are no mental health issues
0:42:39 > 0:42:41as far as the defendant is concerned.
0:42:41 > 0:42:45He may be alcohol-dependent, but he has no alternative now
0:42:45 > 0:42:49but to plead guilty to murder.
0:42:49 > 0:42:51I still find it a very sad case.
0:42:51 > 0:42:53It is sad.
0:42:53 > 0:42:55- I mean, it's sad that a number of lives have been affected.- Yeah.
0:42:55 > 0:42:59Obviously, she's gone and her friends and family are still there mourning.
0:42:59 > 0:43:01He's wrecked his life, in essence.
0:43:01 > 0:43:03He's made that call, made that judgment,
0:43:03 > 0:43:06and he'll have to live with that, won't he?
0:43:06 > 0:43:07Yeah, sad.
0:43:10 > 0:43:13- 'Can we have all parties in Fox, Court One, please?'- There we go.
0:43:13 > 0:43:15'All parties in Fox, Court One.'
0:43:20 > 0:43:24Paul Fox pleads guilty to the murder of his mother.
0:43:24 > 0:43:26The judge describes it as
0:43:26 > 0:43:31"a sustained and vicious attack that deprived her of her last years in the world".
0:43:31 > 0:43:34He sentences him to life imprisonment,
0:43:34 > 0:43:37stating he must serve a minimum of 16 years and nine months
0:43:37 > 0:43:41before he can be considered for parole.
0:43:41 > 0:43:44Paul formed that judgment he was going to take his mum's life
0:43:44 > 0:43:46and potentially harm himself.
0:43:46 > 0:43:50So he rationalized that, justified that, and the attack to do it,
0:43:50 > 0:43:53he was making sure that she wouldn't have survived.
0:43:53 > 0:43:58That was an excuse, because he knew she'd got such a lot of friends
0:43:58 > 0:44:01and we'd have, you know... If he'd have...
0:44:01 > 0:44:04Something had happened to him, she wouldn't have been left.
0:44:04 > 0:44:07We were all there, we were all friends,
0:44:07 > 0:44:09we looked after one another.
0:44:09 > 0:44:11But, yeah, I mean, clearly it wasn't pleasant.
0:44:11 > 0:44:14It wasn't nice what went on, and you know about the facts now
0:44:14 > 0:44:16and they are in the public domain.
0:44:16 > 0:44:19But, you know, it is extremely rare.
0:44:19 > 0:44:22It's just, you know, how often does this happen?
0:44:22 > 0:44:24It's out of the blue, isn't it?
0:44:24 > 0:44:25I'm very sorry for yourselves
0:44:25 > 0:44:28that you actually knew the parties involved.
0:44:28 > 0:44:31Right. Well, that's good. Really good, actually.
0:44:31 > 0:44:33Everything done exactly as it should have been.
0:44:33 > 0:44:34- The right result.- Yeah.
0:44:34 > 0:44:37And how are the friends? Are they all right?
0:44:37 > 0:44:40- Yeah, they seem to be. - Yeah, it's good that they were here.
0:44:40 > 0:44:42It's very kind the judge made the comments that he did, I think.
0:44:42 > 0:44:46So...the end of a very sad chapter.
0:44:48 > 0:44:52Two weeks later, Richard is back at Chester Crown Court.
0:44:52 > 0:44:56David Hoyle is going on trial for the murder of Rebecca Bamber.
0:44:56 > 0:45:00Here comes the second lot of CPS evidence. There we are.
0:45:00 > 0:45:04Jury bundles, files.
0:45:04 > 0:45:07There's an awful lot of work goes into it.
0:45:07 > 0:45:11And if you believe in justice that's what you want...
0:45:11 > 0:45:17bring the right man for the crime.
0:45:17 > 0:45:19That's the defence statement.
0:45:19 > 0:45:21Yeah. Thank you.
0:45:21 > 0:45:24He basically says that Rebecca, the deceased,
0:45:24 > 0:45:28started to cause herself serious injury.
0:45:28 > 0:45:33He went to assist her, but then says that she came
0:45:33 > 0:45:35towards him with a knife.
0:45:35 > 0:45:38And his account is proven to be wrong
0:45:38 > 0:45:41when you look at the footprints and this overlay.
0:45:41 > 0:45:45You can see that what she's actually trying to do is escape.
0:45:45 > 0:45:48'All parties for the case of David Hoyle to Court One.
0:45:48 > 0:45:51'That's all parties for David Hoyle to Court One, please.'
0:45:55 > 0:45:59David Hoyle enters his plea to the charge of murder -
0:45:59 > 0:46:01not guilty.
0:46:01 > 0:46:06He does, however, admit his actions caused Rebecca Bamber to die.
0:46:06 > 0:46:09But he says that was not his intention.
0:46:09 > 0:46:12A jury could, dependent on the circumstances,
0:46:12 > 0:46:15acquit of murder and convict of manslaughter
0:46:15 > 0:46:18and he's saying, "I am guilty of manslaughter."
0:46:18 > 0:46:20So that's what happened.
0:46:20 > 0:46:21Not acceptable, of course, to the Crown.
0:46:21 > 0:46:24But I suppose if he says, "I'm not going to plead,"
0:46:24 > 0:46:27or, "I'm having a trial," then, what can you do?
0:46:27 > 0:46:30All this nonsense about lack of intent
0:46:30 > 0:46:32is just precisely that - it's nonsense.
0:46:33 > 0:46:36So anyway. There we go.
0:46:36 > 0:46:38He didn't rush to go and get an ambulance, did he?
0:46:38 > 0:46:41He rushed to escape though, didn't he?
0:46:43 > 0:46:45Tomorrow, the prosecution will start to try
0:46:45 > 0:46:49and prove to the jury that David Hoyle is guilty of murder.
0:46:50 > 0:46:54Rio! Rio!
0:46:54 > 0:46:56There you are!
0:46:56 > 0:46:58Viv is also going to court.
0:46:58 > 0:47:01Having already pleaded guilty to assaulting her,
0:47:01 > 0:47:04Ian Hickman is due to be sentenced.
0:47:05 > 0:47:08I'll get you some clean water.
0:47:08 > 0:47:11I just feel as though he needs to be given the punishment that is
0:47:11 > 0:47:15required for the injuries that I sustained.
0:47:15 > 0:47:16And it's a simple as that.
0:47:18 > 0:47:21It's not going to be a nice feeling, I know it's not.
0:47:21 > 0:47:22There you go, Rio.
0:47:22 > 0:47:25Because no-one wants to see anyone go to prison.
0:47:25 > 0:47:27But there again, my daughter wouldn't have liked
0:47:27 > 0:47:28to see me six foot under.
0:47:36 > 0:47:40So what will happen is I basically outline the facts to the judge
0:47:40 > 0:47:43and then we deal with the defendant's antecedent history.
0:47:43 > 0:47:46That is, whether he's been in trouble before.
0:47:46 > 0:47:50The starting point for a category one offence is one year six months,
0:47:50 > 0:47:52with a range between one to three years.
0:47:52 > 0:47:56But clearly in this case there are aggravating features,
0:47:56 > 0:48:00namely his previous convictions for assaulting females
0:48:00 > 0:48:03with whom he's been in a relationship.
0:48:03 > 0:48:05I would be very surprised if it wasn't custody,
0:48:05 > 0:48:08and I would be very surprised if it wasn't a lengthy custodial sentence.
0:48:08 > 0:48:12After this morning, that should be an end to it for you.
0:48:12 > 0:48:13Yeah.
0:48:13 > 0:48:16And then, hopefully, you can try and maybe put it behind you
0:48:16 > 0:48:18a little bit more, because at least
0:48:18 > 0:48:21you'll know that he's been dealt with.
0:48:21 > 0:48:22- All right?- Thank you.
0:48:22 > 0:48:25Before Ian Hickman is sentenced,
0:48:25 > 0:48:27Jayne has two other cases to deal with.
0:48:28 > 0:48:30I lay awake last night.
0:48:30 > 0:48:33I was thinking, "How is he going to cope in prison?"
0:48:36 > 0:48:39Cos he's been there before.
0:48:39 > 0:48:45'Will Ian Hickman come to reception, please? Ian Hickman to reception.'
0:48:47 > 0:48:50(That's twice they've called him. He's still not there.)
0:48:54 > 0:48:56Oh, God.
0:48:56 > 0:48:58Some Jaffa cakes there, isn't there?
0:48:58 > 0:49:00Go on, you can have some. She sent them in for us.
0:49:00 > 0:49:02Oh, brilliant.
0:49:02 > 0:49:05- Is he there?- Sorry?- Is he there?
0:49:05 > 0:49:07- I haven't seen him. - Just called him twice now.
0:49:07 > 0:49:10- Probably...- Called him half an hour ago and again now.
0:49:10 > 0:49:12Might just be waiting to...
0:49:12 > 0:49:15You know, he could have problems getting here. You don't know.
0:49:15 > 0:49:18- KNOCK ON DOOR - It's not good news, I'm afraid.
0:49:18 > 0:49:21- Why, what's happened? - At present, he isn't here.
0:49:21 > 0:49:23I'm going to go and check again.
0:49:23 > 0:49:26If it's still the case that he isn't here and there is no medical evidence
0:49:26 > 0:49:28with a reason why he's not here which...
0:49:28 > 0:49:31There can't be surely. I've got a chest infection.
0:49:31 > 0:49:32..I don't think there is.
0:49:32 > 0:49:34I'm going to be applying for a warrant without bail,
0:49:34 > 0:49:36which means that he will be arrested.
0:49:36 > 0:49:39- If I was a judge, I wouldn't be very happy.- No.
0:49:39 > 0:49:42He's making a mockery of the justice system.
0:49:43 > 0:49:46All right, then. So... Sorry. The warrant's been issued.
0:49:46 > 0:49:50So, hopefully, now he'll be arrested in the near future, really,
0:49:50 > 0:49:52and then brought to court for his sentence.
0:49:52 > 0:49:53How long is the near future?
0:49:53 > 0:49:55Well, as soon as the police can find out where he is.
0:49:55 > 0:49:58He's not going to be bothered at all now about what he does.
0:49:58 > 0:50:00So I've got to watch me back as well now.
0:50:00 > 0:50:04Yes, yes. Well, if you have any concerns whatsoever, if you have any
0:50:04 > 0:50:08- contact from him whatsoever, you need to phone the police immediately.- Right.
0:50:08 > 0:50:10Immediately.
0:50:10 > 0:50:14It is now 15 months since Viv was assaulted.
0:50:14 > 0:50:16The sentencing of her attacker has to be postponed
0:50:16 > 0:50:19until the police can find and arrest him.
0:50:20 > 0:50:23It's just killing me inside now, it really is.
0:50:23 > 0:50:26But you've got to be strong and you've got to keep on going
0:50:26 > 0:50:29and let them know that they're not going to beat you.
0:50:29 > 0:50:31I'm the stronger person than he is.
0:50:31 > 0:50:34I'm not the coward that hasn't turned up for court.
0:50:35 > 0:50:38I'm the stronger one that's sat here waiting,
0:50:38 > 0:50:41and I will wait and wait until his day comes.
0:50:42 > 0:50:46The trial of David Hoyle is entering its fourth day.
0:50:46 > 0:50:50The defendant will spend this afternoon in the witness box giving
0:50:50 > 0:50:54his version of the events that led to the death of Rebecca Bamber.
0:51:30 > 0:51:34Tomorrow, the prosecution will be able to cross-examine.
0:51:34 > 0:51:36I think what we'll do tomorrow is we'll have a little look about
0:51:36 > 0:51:40- what he's actually saying and go through it piece by piece.- Yes.
0:51:40 > 0:51:42So when you come downstairs,
0:51:42 > 0:51:45- where was Rebecca when you came downstairs?- Yes.
0:51:45 > 0:51:49Why did you not just walk out of the house?
0:51:51 > 0:51:54I think if you're being cross-examined by somebody
0:51:54 > 0:51:59extremely intelligent, who's forensically cross-examining you,
0:51:59 > 0:52:03and you're not telling the truth, I think that shines through.
0:52:03 > 0:52:06And I don't think this defendant is telling the truth
0:52:06 > 0:52:08as to what happened in this house.
0:52:08 > 0:52:10So I think there is quite a lot of ground
0:52:10 > 0:52:14for the cross-examination being quite a key point of the case.
0:52:15 > 0:52:19Gordon Cole's cross-examination of David Hoyle takes three hours.
0:53:07 > 0:53:10The jury retires to consider their verdict.
0:53:10 > 0:53:14First question, "Why did you murder Rebecca Bamber?"
0:53:14 > 0:53:17And he went to town on him.
0:53:17 > 0:53:20This is the worst part now. It's the waiting game.
0:53:20 > 0:53:22There's nothing more you can do.
0:53:22 > 0:53:25It's what this system is all about is the jury system.
0:53:25 > 0:53:28That's what they're there for.
0:53:28 > 0:53:31All we can do is wait.
0:53:31 > 0:53:33And we don't know how long.
0:53:33 > 0:53:36It could be a week, could be half an hour.
0:53:38 > 0:53:41'All parties in the matter of Hoyle to Court One.'
0:53:41 > 0:53:46'All parties in the matter of Hoyle to Court One, please.'
0:53:46 > 0:53:49- OK. Well, here we go.- Here we go.
0:53:50 > 0:53:52After one hour of deliberation,
0:53:52 > 0:53:54the jury return their verdict.
0:53:56 > 0:53:58They find David Hoyle guilty of murder.
0:54:00 > 0:54:03He is sentenced to life imprisonment
0:54:03 > 0:54:07and must serve at least 25 years before being considered for parole.
0:54:07 > 0:54:10- It's not about winning. It isn't, is it?- No.
0:54:10 > 0:54:12It's a feeling that when you've got to the end of it,
0:54:12 > 0:54:15it almost is deflation,
0:54:15 > 0:54:17because you've lived on the adrenaline,
0:54:17 > 0:54:19and you've worked and we all work hard,
0:54:19 > 0:54:21and the preparation of getting it to trial.
0:54:21 > 0:54:23And when it's finished, there's no energy left.
0:54:23 > 0:54:25It is a deflated feeling,
0:54:25 > 0:54:28- because it does come to a shuddering halt.- It does, it does.
0:54:28 > 0:54:30- Everything ends. That's it. - That's finished with now.
0:54:30 > 0:54:32Finished. Finished with.
0:54:33 > 0:54:36Never easy, but we've got the right result
0:54:36 > 0:54:39and so I feel pretty good at the moment.
0:54:39 > 0:54:43Seems quite a long time ago that you were sat at your desk
0:54:43 > 0:54:45and you'd had two murders in.
0:54:45 > 0:54:48And we've done both, and both are finished.
0:54:48 > 0:54:50And both ended in convictions.
0:54:50 > 0:54:52Oh, were it all like that.
0:54:55 > 0:55:01It would be a lie to say that cases don't have an impact
0:55:01 > 0:55:05on me or on our prosecutors.
0:55:05 > 0:55:09We wouldn't be human if they didn't.
0:55:09 > 0:55:13You have to, though, remain objective,
0:55:13 > 0:55:15however upsetting something is.
0:55:15 > 0:55:17Because if you lose it,
0:55:17 > 0:55:21then you're not objectively dealing with the case as a lawyer.
0:55:21 > 0:55:23Very, very difficult
0:55:23 > 0:55:27when you then meet victims or the families of deceased.
0:55:27 > 0:55:30And I remember someone's grandfather holding my hand
0:55:30 > 0:55:33when I was talking about his grandson who'd been murdered.
0:55:33 > 0:55:37Terribly upsetting, but there's no point in me crying.
0:55:37 > 0:55:40That would look unprofessional and ridiculous.
0:55:40 > 0:55:42You can't sit weeping.
0:55:42 > 0:55:45You never knew the person and it would just look wrong.
0:55:45 > 0:55:50So you have to keep yourself professional and objective,
0:55:50 > 0:55:51but with empathy,
0:55:51 > 0:55:53and then cry in the car going home.
0:56:01 > 0:56:04It takes the police two months to catch up with Ian Hickman.
0:56:06 > 0:56:10He's arrested and returned to court for sentencing.
0:56:10 > 0:56:12Right, I've just checked. He's here now
0:56:12 > 0:56:14and it's going into Court Three.
0:56:14 > 0:56:16It's quite a small court,
0:56:16 > 0:56:19so you will be in quite close proximity to him.
0:56:19 > 0:56:21OK, thanks.
0:56:21 > 0:56:23All right. Don't worry.
0:56:23 > 0:56:25OK. I'll be back in a minute to let you know.
0:56:25 > 0:56:27It's the thought of seeing him,
0:56:27 > 0:56:30cos I've not seen him proper since that night.
0:56:30 > 0:56:34And it's the thought of...
0:56:34 > 0:56:36how much I thought of him.
0:56:36 > 0:56:39And then many a person would say, "Hang on a minute, you were
0:56:39 > 0:56:41"nearly murdered. What you crying for?
0:56:41 > 0:56:42"Why are you bothered?"
0:56:42 > 0:56:44Because I have feelings, that's why.
0:56:44 > 0:56:47I have a heart and I care for people.
0:56:50 > 0:56:52The judge decides that Ian Hickman needs to be
0:56:52 > 0:56:55sentenced at the top end of the range.
0:56:55 > 0:56:58His guilty plea earns him a 25% discount,
0:56:58 > 0:57:01but with several other offences to be taken into account,
0:57:01 > 0:57:05he ends up with four years and three months imprisonment.
0:57:05 > 0:57:07The three months added on for his failure
0:57:07 > 0:57:10to appear at the original hearing.
0:57:10 > 0:57:13- Four years, three months. - Four years, three months.
0:57:13 > 0:57:15Which is a hefty sentence.
0:57:15 > 0:57:17It is, yeah.
0:57:17 > 0:57:19But quite right.
0:57:19 > 0:57:22I mean, he's clearly not happy about the sentence, but...
0:57:22 > 0:57:24Was it him that banged my door?
0:57:24 > 0:57:27- I think possibly it was him, yeah. - Yeah.
0:57:27 > 0:57:29But it is such a big sentence though.
0:57:29 > 0:57:33I don't think he would've thought he would've had that length of time.
0:57:33 > 0:57:35Yeah, yeah.
0:57:35 > 0:57:39- I think it sunk in the amount of damage he has done to me.- Yeah.
0:57:39 > 0:57:41And that's it for you now.
0:57:41 > 0:57:43Thank you. And I'm very grateful to you.
0:57:43 > 0:57:44I'm glad it's all sorted for you.
0:57:44 > 0:57:46Oh, thanks so much.
0:57:46 > 0:57:48- And I don't wish to see you again. - Oh!
0:57:48 > 0:57:50- Not in a nasty way. - That's all right.
0:57:50 > 0:57:51That's in a nice way.
0:57:55 > 0:57:57When you've been attacked like that, I think you need
0:57:57 > 0:58:00to face the person and that's what I've done.
0:58:00 > 0:58:03I just wanted to look at him just to see if he had any remorse,
0:58:03 > 0:58:05and he did.
0:58:05 > 0:58:08And now it's been laid to rest.
0:58:08 > 0:58:09Rest in peace.
0:58:13 > 0:58:17If you're interested in finding out more about the justice system,
0:58:17 > 0:58:19you can join in a simulated court case
0:58:19 > 0:58:23from The Open University and reach your own verdict.
0:58:23 > 0:58:26Go to bbc.co.uk/prosecutors
0:58:26 > 0:58:29and follow the links to The Open University.