Common

This programme contains very strong language.

MUSIC AND HUBBUB OF VOICES

MEN SHOUT

-Drive!

-What?

-Just drive!

You crazy twat! You're taking the piss, you!

You stupid prick, you've dropped us all in the shit now,

-you stupid bastard!

-What's happened?!

-You stupid braindead bastard...

-He was asking for it.

-What's happened?

-Nothing.

-You've dropped us all in the shit now, you crazy twat...

-He was asking for it. He was asking for it!

-I warned you about this prick, didn't I?!

-What's happened?!

-Nothing has happened!

Nothing's happened? Nothing's happened?

-He's only gone and stabbed someone, hasn't he? Crazy twat.

-Just shut it.

-What?!

-Listen, shut it.

-He's stabbed someone, the mad twat!

I'll stab you in a minute, yeah?

-Colin, just leave it out, yeah?

-You'll stab me?!

Hey! Hey, get off him!

Pull over! Pull over now!

SHOUTING CONTINUES

Get out! Get out the car now! You stay there.

Come on then!

What? What?

He was looking at me, right?!

-Looking at me like I'm shit!

-Where is it?

-What?!

-The knife. Where is it?

-It's here.

-Put it down there.

-It's our Paul's.

-Put it down there!

MOBILE KEYS BEEP

Did he kill him?

-Did you kill him?!

-I don't know.

-'Yeah?'

-It's Tony.

You bastard!

You got off and left me to it, you prick. McCabe as well.

-'How is he?'

-I don't know. I don't know what I'm doing, do I?

He could be bleeding to death for all I know, you prick.

-Will he live?

-'I very much doubt it, but how would I know?'

Why did you bring that mad bastard, eh?

The paramedics are here.

He's bad.

-How bad?

-Dunno.

But he'll live, though, yeah?

-Eh?

-Just drive.

POLICE RADIO CRACKLES

SIREN SOUNDS

DOORBELL

DOORBELL

-Mrs Ward?

-Yeah.

Mother of Thomas Ward?

Yeah.

We've been told to bring you down to the Royal, Mrs Ward.

Thomas has had a bit of an accident.

What sort of accident?

I don't know, love. We've just been told to come and get you.

I'm dyeing my hair.

Sorry.

Just a sec.

-SHE DIALS

-My daughter.

She spent most of the day getting ready, she's won't be best pleased.

-'Hello?'

-You'll have to come back, Julie, and look after the kids.

-'Why?'

-Thomas is in hospital.

You lived there long?

Three years.

We used to live by the park but then we split up,

me and their dad, so we had to find somewhere cheaper.

Do you still see him?

Only when I have to.

Hello. I'm Margaret Ward.

My son Thomas is here.

-Surname, please.

-He's had an accident apparently.

Thomas Ward.

If you just hang on, I'll make a call.

Jennifer? Hi, it's reception.

Mrs Ward is here.

-What is it, please?

-Mrs Ward?

-I'm looking for my son.

-Mrs Ward?

-Thomas Ward.

-I'm Jennifer Fielding, Mrs Ward. Could you come with me, please?

-Why?

-Come with me, please, Mrs Ward. Please.

-Where?

There's a room just through here.

Come in, please, Mrs Ward.

Please.

Thomas didn't make it, I'm afraid.

Make what?

He was stabbed earlier this evening

and died just an hour or so ago.

I'm really sorry.

I think you've got the wrong boy.

I'm Thomas Ward's mother, and he had a bit of an accident, that's all.

He was stabbed at the pizza place on Holt Road,

Mrs Ward, and died here a short time later.

CAR DOOR SHUTS

DOOR CLOSES

Where you been?

-Out.

-Where?

Just out.

-Who with?

-No-one.

-What, you went out on your own?

-Yeah.

-You're lying.

-I'm not!

-Will you talk to this one?

-I'm going to the toilet.

Hey. Hey!

PHONE RINGS

Hello?

'This is Jennifer Fielding, Mr Ward. I'm the social worker at the Royal

'and I have some news about your son, Thomas.'

What is it?

'I have your wife...'

..ex-wife here. I'll pass you over.

Hi.

He's dead.

LINE GOES DEAD

BABY SPLUTTERS AND CRIES

SPORTS STATION ON RADIO

What you listening to that shite for?

Fatal stabbing at the pizza place.

Who told you that?

On the telly.

Is he dead?

"Fatal", knobhead. Of course he's dead.

He's in there.

They want someone to identify him.

-What, you haven't done it?

-No.

Shall I?

Just tell me it's not him.

Shall I come in with you?

No.

MRS WARD SOBS

DOG BARKS

-It's half eight.

-Right.

Why are you still here?

Just waiting for someone.

Who?

-Kieran Gillespie.

-What are you waiting for that prick for?

I just need to speak to him.

About what?

-About what?

-I'll see you later.

Kieran. Kieran.

He's dead.

Yeah, I know.

What are you going to do?

-You'll have to go to the police.

-What?!

You'll have to go to the police.

I'm not going to the police, you prick.

It's only going to be worse if they have to come and get you, innit?

Why are they going to come and get me, eh?

What are you saying? You going to grass me up?

-Is that what you're saying, you're going to grass on me?

-No, I'm not saying that.

-How are they going to know it's me, then?

-They won't.

But they'll know it's me.

How?

The car. It was our Patrick's car.

How are they going to know that?

-Cameras. CCTV.

-There weren't any.

-There were.

All right, yeah, so they'll ask you a few questions.

But you say nothing, don't you? Eh? You don't grass.

If you grass...then you're dead.

And more than that, lad, more than that, if you grass, if you nonce on anyone, yeah,

then your mum's dead and your dad's dead and your sister's dead

and your house is torched.

Yeah?

Right? Comprendo? Do you understand what I'm saying to you, yeah?

-Yeah.

-Yeah?!

-Yeah, yeah.

Good.

Johnjo.

What's going on?

What's going on, Johnjo?

Johnjo!

MOBILE RINGS

He's dead.

Major error, mate. Don't use the phone.

You don't contact me, Colin or Kieran by phone. Right?

'Right.'

I'll come and see you in work.

When?

'Soon.'

W-A-R-D. Ward.

Hang on a sec.

486...892.

DOORBELL

-All right?

-Yes, boss.

-I won't be in today.

-'Are you ill?'

No. I'm not ill, no.

'So...what's the problem?'

My son's been murdered.

-'What?'

-I said, my son's been murdered.

Are you still there?

'Yeah, OK... Er, I'll let them know.'

Thanks. I'd really appreciate that.

'Yeah, OK, sure.'

-Thanks.

-'I'm really sor...'

-Thanks. Bye.

Er, Margaret Ward, Detective Inspector Hastings.

I'm very sorry, Mrs Ward.

-Thanks.

-We'll do all we can to get these people.

People?

Yes.

More than one, then?

We think so.

You've got a daughter.

Nicola.

Yes.

We were at school together.

I stayed in your house loads of times.

Margaret...Devaney.

Then, yeah.

Otherwise known as Roger the Lodger.

Yeah!

-How is she?

-Great.

-Married?

Yeah. Three kids. Boy of 18 and two...

It's OK.

Two daughters. 13 and 14.

Lovely.

We'll get them, Margaret.

I'm sorry about this, Johnjo. I'm really sorry, mate.

-What are we going to do?

-I don't know.

You were going there to get him, weren't you?

Yeah. Not the lad who died. But, yeah, someone, yeah.

Nothing to do with pizzas at all.

-No.

-And the others, they knew, didn't they?

Yeah.

Everyone knew bar me, yeah?

Yeah.

I'm telling you the pizza I want but it's got nothing to do with pizzas

-because you're going there to sort some little bastard out!

-Sh, sh, sh...

I'm made up, aren't I? I'm made up when I get the call.

"Johnjo, come for a pizza with the big lads. Come for a pizza..."

-Shush, mate.

-"Why don't you drive us for a pizza, Johnjo?"

But all you're interested in is the car. The fucking car!

-There's people looking over...

-That makes me feel like shit, mate,

-and so it should, cos...

-Please, just shut it. Just fucking SHUT IT!

-Cos that's how you've treated me!

-Like shit! That's how you've treated me!

-Listen, we're cousins, right?

If I drop my cousin in shit, I'll get him out of it.

Right?

Yeah, we lied to you, but you should be grateful,

because you can put your hand on your heart and say, "I knew nothing.

"I knew absolutely nothing." And we'll back you up on that.

We'll make sure everyone knows you're innocent.

I'm innocent, Colin's innocent, but you're even more innocent. Right?

-So, what...so you'll tell them?

-If we have to, yeah.

-If you have to?!

-Nobody's been picked up yet, have they?

As soon as they are, if they are, we tell Kieran he's got to

cough for it, he's got to tell the bizzies it was him.

Nobody else had a knife, nobody else used a knife, least of all you. Right?

You've got nothing to worry about, Johnjo. Eh?

Can we get them enhanced?

Yeah, we're trying.

This is the best we've got of the other three.

Uh. Could be anyone.

PHONE RINGS

-Hello?

-DI Hastings here. Is that you, Margaret?

-Yeah.

-Just letting you know we're arresting someone soon

and it's significant.

-Who?

-Name again?

O'Shea.

'O'Shea.

'Mean anything?'

No.

-So it's nothing to do with money?

-No.

And nothing to do with being on telly?

It's nothing to do with that. It's just some girls are into footie.

-Bollocks.

-Language.

-So it's footie, yeah?

-Yeah.

-So they play footie, so girls who are into footie are gonna be attracted to 'em?

-Yeah.

-That's your argument, yeah?

-Yeah.

-I play footie.

-So?

So how comes they're not throwing themselves all over me?

-Have you looked in the mirror lately?

-Has Wayne Rooney?

I'm going to get a bird like his, am I, cos she's into football and I play for the Dog and Duck?

-They were childhood sweethearts.

-Oh, bollocks!

-I won't tell you again!

It's about being famous and having a load of dosh. Football gives you both.

It's nothing to do with football itself.

That's just a means to an end.

It could be anything like that.

Singing, dancing, boxing, anything that brings a bit of fame and fortune.

-And of course they're gonna say they're into it...

-KNOCK AT DOOR

No bird's going to say, "I can't stand football but I love the dosh."

Patrick O'Shea?

-Johnjo O'Shea.

-Is Patrick in?

Who is it, Johnjo?

-Yeah.

-We'll come in then, OK?

Who is it?

Patrick O'Shea?

-Yeah?

-We're arresting you on suspicion of the murder of Thomas Ward.

-What?

You do not have to say anything.

-However, if you do not mention something you later rely on in court...

-This is a joke, isn't it?

..it could harm your defence. Anything you do say

may be used in evidence against you. Do you understand?

-It's a joke, right?

-Do you understand?

-No!

-I think you do but I'll say it again.

-No, no...

-And sorry about this, but it's murder, so...

If you do not mention something you later rely on in court it could harm your defence.

-Is this the boy last night?

-Yes.

-But he was with his girl!

-In that case he's got nothing to worry about.

-I haven't done anything!

-You've got the wrong boy, you've made a mistake!

-He hasn't done anything wrong!

-Where are they taking him?

-They're arresting him!

-Patrick!

-Patrick!

-Patrick!

-Patrick, what's happening?!

-Dad, what's going on?

-I don't know, did he say anything to you?

-He hasn't said anything to me.

Patrick, call us, all right? We can get in there. Tell us where you are.

-Patrick, what's happening!

-Did he tell you anything?

-No, nothing.

Shit. I can't believe it.

-SHE SCREAMS

-NO!!!!!!

No! No...

No!!!

No!!

-They're letting you go...?

-Police bail.

Where's Johnjo?

He's in the car. We're on double yellows.

-What's going on?

-I'll tell you when we get home.

Move. Now.

-What's going on?

-I've told you. When we get home.

-Does it involve Johnjo?

-Yeah.

CAR DOORS OPEN

What do you think it is?

Sit down.

You're scaring me now, Patrick.

You don't know the half of it, Mam.

Sit down.

Sit...down.

Tell 'em.

Or shall I tell 'em?

That stabbing in the pizza place - the lads who did it used my car.

How?

He gave 'em a lift in it.

-I've seen it on CCTV, Mum.

-Oh, my God.

-They...they told me they were going for a pizza.

-Oh, Johnjo.

-I wish I could smack you, you little prick.

-I thought they were going for a pizza!

Kids at home?

Yeah.

How are they?

Over the moon.

Sorry.

We bumped into each other.

Two weeks ago.

What, he didn't mention it?

No.

Did he speak?

No.

He said hello.

That was all.

"Hello" was more than you deserved.

Can I ask you something?

Yeah.

What is it?

Did you have to turn him against me?

-I didn't.

-You did.

I just told him the truth.

-The truth was always going to make it worse.

-How?

You were leaving us. How could it get any worse?

You dying, maybe.

No, not even you dying, cos you dying brings in money -

pension, insurance.

You leaving means we're skint!

You know what it is?

Guilt. You feel as guilty as sin.

Well, you've always felt as guilty as sin, ever since you left,

and now THIS.

This makes it ten times worse.

Well, sorry, nothing I can do for you.

My kids were traumatised, you see.

You couldn't possibly know how traumatised cos you were off swanning it with your fancy piece.

I was looking at it day in, day out.

So I made sure they knew that it wasn't my fault.

And you'd have done the same.

It's not guilt.

Well, not...it's not all guilt.

I used to imagine our reconciliation.

I'd meet him one day when he was older...

..knew more about men and women, and...

..we'd go for a pint...

..and I'd talk to him man to man, you know.

Brutal honesty.

"One life, one shot at happiness," all that stuff.

And after that, he'd have some sort of grudging...

Well, no, not respect, no.

A grudging acceptance maybe.

And I'd build on that, you know.

I'd build on it.

But he's gone.

And so has the prospect of our reconciliation.

And that makes me so...

-You know, it makes me...

-Don't you dare cry!

You don't have the right.

You cry and I'll...

KNOCK AT DOOR

They, erm... They can do an independent postmortem for defence purposes.

So...you'll be able to bury him in the next few weeks.

Thanks.

Did you decide which coffin...?

Yeah. The white one.

That's rather more expensive.

-It's OK.

-If you were on benefits, we could...

It has to be the white one

cos his friends want to write little messages on it.

I'll get the money.

It needs to be up front, you see...

It's hard to talk money at a time like this but...

Honestly, it's OK!

I'll be getting money from Criminal Injuries, so I'll use that.

I don't think that'll come in time.

-Could I...

-No! You gave us nothing when he was alive!

I'm sorry about this.

You won't do it now he's dead!

-SOBBING:

-I'm sorry...

BELL CHIMES

-'Tomorrow?

-Yeah.'

Why wait till tomorrow?

Two reasons - one, they'll call him a grass.

-What?

-They'll call him a grass.

-A boy's just been killed, for God's sake!

-I know that.

Everyone should be a grass when a boy's been killed.

-I agree...

-Everyone should tell the police what they know!

That's what we'd want if it happened to us!

-Not everyone sees it that way.

-We'd expect them to tell the truth

I agree! But there's loads here who don't!

They don't. Them mad bastards over there, they don't see it like that.

They'll burn us out because he's grassed them up.

And if they don't burn us out,

the family of the lad who died will burn us out.

That's the reality!

We're going to need a bit of time to find somewhere else to live

cos we're not going to be able to live round here.

And we can't do anything until he's got a lawyer,

a proper criminal lawyer, and we won't get one on a Sunday.

-He doesn't need one!

-So we'll have to wait until tomorrow.

-Course he needs one!

-He's done nothing wrong!

All he's got to do is go there and tell the truth

cos he's got nothing to fear from telling the truth!

"Why wait?" That's what they'll say.

"Why didn't you come right round, as soon as you knew?

"And why are you hiding behind a lawyer?

"If you've got nothing to hide, why the wait? Why the lawyer?"

-Where are you going?

-Toilet.

I can't believe you're acting like this.

Some poor boy's just been murdered!

I'm thinking of Johnjo!

Some poor mother is off her head with grief

and you're ducking and diving!

I'm not ducking and diving! For God's sake, woman,

I'm thinking about our son!

I can't believe you're acting this way!

What's happened to you?!

MUFFLED ARGUMENT CONTINUES

# This is the debt I pay

# Just for one riotous day

# Years of regret and grief

# Sorrow without relief... #

-Mr Hastings?

-Yes.

I'm Johnjo O'Shea.

You came to our house when you arrested our Patrick.

-It was me who opened the door.

-Right.

-It was me.

-Right.

It was me who drove the car.

-They told me they were going for a pizza.

-The other lads?

-Yeah.

-And you believed them?

-Yeah.

In that case, you've got nothing to fear, son.

-You just tell me everything you know and then...

-I'm going to.

-..you can go back home, OK?

-OK.

-How old are you?

-17.

Do you want your parents to sit in on this?

-No.

-OK.

-Johnjo at yours by any chance?

-Patrick O'Shea, Mrs Mac.

Is your Michael there?

He didn't say anything, just disappeared. He never does that.

No, he's gone missing, mate.

We're getting worried about him.

-It's OK, I'll hang on.

-No, I've tried his mobile.

He's not answering it.

DI Hastings, DC Jane Pearson with John Joseph O'Shea.

Interview begins 1:18pm, 20 June 2013.

You remember I asked you if you wanted your parents in on this

interview, Johnjo, and you said no?

-Do you remember that?

-Yeah.

Well, you can have a lawyer here if you want. That's your right too.

-Do you understand that?

-Yeah.

-Do you want a lawyer?

-No, I've done nothing wrong.

I'm just telling the truth.

PHONE RINGS

Do you want to answer that?

No.

Still message.

'Leave your number and I'll give you a call back.'

Johnjo, I'm fed up with you messing about!

I'm worried sick about you! Now phone me!

One of my brother's mates phoned and asked for a lift to the pizza place.

I said yeah, and he came round with another mate

and a lad called...Kieran Gillespie.

Wait in the car.

-That's him.

-Who?

-No-one.

No mushrooms on mine.

MUSIC PLAYS IN CAR

MUSIC: "Ill Manors" by Plan B

CHEERING FROM FAIR

MEN SHOUT

What the fuck did you do that for?!

Get in the fucking car!

Fucking little git!

Drive. Drive!

Fucking stupid! Brake then...

Nearly there now, Johnjo.

Just a few more things we need and then it's over, OK?

Who were the other two lads?

They didn't do anything wrong.

I understand that, but we need to know their names, Johnjo.

I don't mind grassing Kieran Gillespie up,

because he did the stabbing.

But I'm not grassing on the other two, no.

They your mates?

-No.

-Your brother's mates?

Yeah.

Who matters more to you -

them or your parents?

My parents.

You said they were rowing, Johnjo.

Your parents? Over you.

-Yeah.

-Over whether to go to the police or not.

Yeah.

That's bad news.

Your parents could go to prison for that, Johnjo.

Not calling the police, that's perverting the course of justice.

And even if they only did it cos they love you,

it's very, very serious.

Luckily, you've come forward and as long as we get the whole truth from you,

we should be able to turn a blind eye to all that.

So it's good, isn't it?

I've already told you, I'm not...

I'm not grassing on the other two.

Kieran Gillespie, yeah. The other two, no.

OK.

You left the engine running.

-Yeah.

-Why?

It was cold.

For a quick getaway?

No.

-Shall we go looking for him? Drive round a bit?

-Where would we look?

-I don't know.

-What if he comes back while we're out?

I can't just sit round here.

Oh, Pete!

What's happened to him?

-We've got a warrant to search the house, Mrs O'Shea.

-What?!

-We need to search the house.

-You've not come about Johnjo?

We spoke to Johnjo, and acting on information he gave us

-we obtained a warrant to search the house.

-Where is he?

-Down the station. Do you mind if we come in?

-I don't understand.

I'll explain inside.

-What's going on?

-Searching the house.

We'd like you to stay in this room

and WPC Matthews will stay with you.

We'd like you to try and sit and relax.

And certainly don't remove anything from the room.

-If you need to use the bathroom...

-How did you talk to Johnjo?

He came into the station and made a full statement.

-A full statement?

-Yes.

If he's made a full statement, you'll know he's done nothing.

If you want to use the bathroom, a police officer will have to go with you.

We'll almost certainly have to take stuff away,

-should that happen, we'll photograph it...

-Can I see my son, please?

We'll get you to witness it and we'll give you a receipt.

Can I see my son, please?!

I'll organise that as soon as I can.

My daughter's upstairs!

-Will you get her down, please?

-Karen!

We'll need the clothes Johnjo was wearing that night.

Karen, get down here!

What's going on?

They'll be in the basket.

He's wearing the jeans. Socks, vest and undies will be in the basket.

-Mum?

-Get down here!

What's going on?

They're searching the house.

-Get in here.

-For God's sake...

Look right.

Look left.

We're better than that. Come on.

Auntie Shelagh.

-Is it true?

-Is what true?

-Police searched your house.

-Yeah.

-Does she know?

-No.

What were they looking for?

-Evidence.

-About what?

If you don't tell her, I will.

What?

What is it?

That stabbing in the pizza place.

Yeah?

Johnjo drove them.

It were Kieran...Gillespie.

How do you know?

How do you know that?

I was with him.

You used him, didn't you?

Our Johnjo.

-No, mate.

-You did.

You know the kind of lad he is.

You know he thinks the sun shines out of your arse.

He was never going to say no to you.

No, mate. We tried you first, your phone were off.

I'm sorry, Mum.

They said they won't let me go.

It's only for one night, Johnjo.

Just one night.

And tomorrow, we go to court,

we tell them you've done nothing,

we get you out and we bring you home.

Right.

I promise.

'We ask for bail on three counts, Ma'am.'

One, he's 17 years of age.

Two, he's a young man of impeccable character,

no previous convictions whatsoever.

Three, he walked into the police station of his own accord

and gave a full and frank statement.

And that is the only reason he stands before you today.

Yes?

We oppose bail, Ma'am, due to the serious nature of the charge.

Bail refused.

You are remanded in custody to reappear here in two weeks' time.

Take him down.

MAN: There's been a mix up with the paperwork...

-Excuse me.

-Can you be more specific?

-Excuse me, please!

Yes?

-Are you OK, Mr O'Shea?

-He's a haemophiliac!

Oh. Well, I'll make sure he's looked after, don't worry.

Take him down, please.

4,600.

Yes.

Well, I don't have any recent experience,

but isn't that's a lot for a funeral?

It's a bit more than average, yes.

Well, you've had an overdraft with us for...quite some time

and your mortgage is still in arrears,

so you've obviously struggled.

Unless your personal circumstances have radically improved,

then I just don't think it's wise to take on any more debt.

Sorry.

But they have improved.

-Radically improved.

-How?

I have one less mouth to feed.

Sorry about that. And I'm sorry to have bothered you.

And now the three of you walking purposefully

from the car to the pizza place.

That is you there, Kieran, yeah?

No comment.

You say you went in for a pizza, but that could be 20 minutes.

-Why leave the engine running?

-No comment.

And now you're out again, panicking.

You'd call that panicking, wouldn't you, Colin?

There, you're shouting at Kieran Gillespie.

-Why are you shouting at him?

-No comment.

-Hiya.

-All right?

I'm just passing, I thought I'd give you a lift.

Where?

ID parade.

-Why are we stopping here?

-His mother lives here.

-Whose?

Boy who got stabbed.

She's got something to say to you.

DOOR BELL RINGS

-Hi, Margaret. Margaret Ward, this is Hugo Davies.

-Hello.

-Hello.

-He runs the pizza place.

-Oh!

I wanted to thank you, Hugo.

Thank you for phoning the ambulance so promptly,

for giving my son his best chance of survival.

It wasn't meant to be, but...

Thank you.

I'll phone you tonight.

ENGINE STARTS

'We think one of the three men who entered your shop

'on the night of the murder is in this line-up.'

Can you see if you recognise anyone, please?

No.

-Are you sure?

-Yeah.

Right, well...

One more.

Again, see if you can recognise anyone, please.

-No.

-HUGO CLEARS HIS THROAT

-Do you want to see them again?

-No.

You were very quick, you see.

I've been a copper now for 33 years and I've never seen anyone as quick.

It was if you didn't want to recognise anyone.

Sorry.

You will be, son.

You didn't even recognise Tony Wallace.

-Who is Tony Wallace?

-You don't know Tony Wallace?

-No.

We've checked the calls made to and from your shop.

You phoned him 15 minutes before the murder.

He phoned you immediately after it.

I'd like a lawyer, please.

Yeah.

There is very little I can do for my son.

But I can give him a good sendoff, a good funeral.

I'm getting £5,000 anyway.

I don't want it, but I'm getting it.

So give me it now and then I can bury him with it.

We'll speed things through as much as possible, Mrs Ward,

but...I can't promise payment before the funeral.

Well, then, how do I bury my son?

And what are you charging my client with?

-Murder.

-What?

-Joint enterprise murder.

-That's ridiculous!

Isn't it?

No.

Acid indigestion. It's taking the enamel off my teeth.

-God knows what it's doing to my stomach.

-In the old days,

we worked hard to establish who it was who used the knife.

He'd get done for murder and the other scumbags would go free.

All that effort, I used to think, just so scumbags could go free.

Well, now it's all changed.

We don't have to prove who used the knife any more...

..cos you all get done for murder.

If you were there, egging him on,

backing him up, helping in any way...

..a phone call, a knowing look, even...

..you get done for murder.

It's called joint enterprise, Hugo, and I love it.

Yes.

-Is there anything we can help you with, Detective Inspector?

-Yeah.

He can make a full statement, name names

and agree to give evidence, if necessary.

And in return?

He goes free.

'I was on my own.

'It dies off about eight, you see, picks up again at about ten.'

'Hello?'

-Hugo Davies here, Tony.

-'You all right?'

You still after that gobshite Albie Flanagan?

'Yes, mate, too right.'

Yeah, he's just phoned for three specials.

-'Yeah, spot on. Be down in two.'

-OK, mate.

I go to the match.

I see linesmen.

They're unsure whether a man's offside or not,

but they put the flag up.

Nine times out of ten, they put the flag up.

Because they want to be seen to matter.

And you're seen to matter if you do something, not when you don't.

I think that's why I made the call.

'I wanted to be seen to matter.'

-All right, Hugo?

-All right, Albie? How's it going?

-Sound.

-How long have you been here?

-A few months.

-Is it any good?

Yeah, it's not bad.

Oh!

-Not in here!

-Touch her again and I'll kill you, right?

-Outside! Tony!

-Get him out!

-You got me, yeah?

-This is out of order, this, Tony!

This is completely out of order!

This'll bring the coppers round my shop! That's not right, Tony!

-I'll go on knocking the shit out of you.

-Take him outside.

-What are you looking at?

-Nothing.

-You think I'm shit?

-I'll kill you, right?

He's had enough now, mate. Tony, get the fuck out of my shop Tony, now!

I said,

-do you think I'm shit?!

-No.

Get him outside! Chill out, mate. It's all going to be on me...

If I had known you would do it here, I'd have never have rung you, mate!

He's stabbed him.

The mad bastard's stabbed him!

-Jesus, Kieran...

-I knew this would happen.

-You mad bastard!

You stupid mad bastard!

-Fucking...

-THEY ALL SHOUT AT ONCE

-..Someone's been stabbed.

-THEY SHOUT OVER ONE ANOTHER

I don't know what I'm doing, mate. Please.

Superbo Pizza, it's on the corner. Superbo Pizza.

The bastard's gone off without him. Holt Road. H-O-L-T. Holt.

They all just got off and left me to it, the pricks. Even Colin McCabe.

Even Colin McCabe?

Yeah, he's a nurse.

PHONE RINGS

-Hello? MARGARET:

-'It's me.'

-How are you?

-'Fine.'

'What is it?'

I can't get the money to bury him.

'Can I give you it?'

Yeah.

How much?

'4,600.

'And maybe 200 for the buffet.

'Four-eight.'

I'll bring round five grand tomorrow.

Four-eight.

Four-eight.

Thanks.

I'm sorry for treating you so badly.

I'm sorry for lying...

I just want the money, Tommy.

Right.

SHE HANGS UP

SHE EXHALES SHAKILY

# One morn I left him in his bed

# A moment after someone said... #

He's here, Mum.

# Your child is dying

# He is dead

# We made him ready for his rest

# Flowers in his hair and on his breast

# His little hands

# Together rest

# We sailed by night across the sea

# So floating from the world were we

# Apart from sympathy

# We three... #

Blessed art thou amongst women

and blessed is the fruit of thy womb, Jesus.

Holy Mary, Mother of God, pray for us sinners now

and at the hour of our death.

-ALL:

-Amen.

Hail Mary, full of grace. The Lord is with thee.

Blessed art thou amongst women,

and blessed is the fruit of thy womb, Jesus.

Holy Mary, Mother of God, pray for us sinners,

now and at the hour of our death.

-ALL:

-Amen.

-Hail Mary, full of grace.

-WOMAN SNIFFLES

-The Lord is with thee.

Blessed art thou amongst women,

and blessed is the fruit of thy womb, Jesus.

-WOMAN SOBS

-Holy Mary, Mother of God,

pray for us sinners, now and at the hour of our death.

-ALL:

-Amen.

Hail Mary, full of grace. The Lord is with thee.

Blessed art thou amongst women,

and blessed is the fruit of thy womb, Jesus.

Holy Mary, Mother of God, pray for us sinners...

BOTTLE CLINKS ON GLASS

Not into that either?

SHE SOBS

We've been lucky. We have a good judge.

I'm going to ask him to view it as a straightforward murder case -

one killer, one victim, not joint enterprise.

-And if he agrees to that?

-If he agrees to that, then JohnJo's coming home with you.

No doubt whatsoever.

Kieran Gillespie,

you are accused of the murder of Thomas James Ward.

How do you plead?

Not guilty.

Colin McCabe, you are accused of the murder of Thomas James Ward.

-How do you plead?

-Not guilty.

Anthony Wallace, you are accused of the murder of Thomas James Ward.

-How do you plead?

-Not guilty.

John Joseph O'Shea, you are accused of the murder of Thomas James Ward.

How do you plead?

-Not guilty.

-Be seated.

I'll hear submissions, we'll break and I'll respond after lunch.

Who will go first? Mr Barnes-Williams?

I represent John Joseph O'Shea and I make four main points, your honour.

First, four young men stand accused of murder.

Only one of them wielded the knife

and yet the prosecution will make no attempt to identify that man.

It need not do so because of Joint Enterprise.

Joint Enterprise, or Common Purpose, a law introduced in the 18th century

to stop the aristocracy from duelling, is now being used

increasingly against young people from our council estates.

And all too often it results in cases such as this,

where a young man, who is asked for a lift, gives that lift

and faces life in prison for it.

Secondly, I would submit that for a joint enterprise murder case to

proceed, all those involved in the enterprise must face trial.

But in this case, your honour,

one person does not, that is the pizza manager, Mr Hugo Davies.

Now it could be argued that his involvement

in all of this was vital,

after all it was he who alerted one young man to the fact that

another young man, his sworn enemy, would shortly be in the shop.

So why does Hugo Davies escape trial

when those who are far less guilty, face it?

Surely his absence from the dock means that only one man

can be held responsible for this crime and, again, it is

he who wielded the knife.

Thirdly, there was no joint enterprise to murder the victim,

there was no planning, there was no conspiracy.

At worst, Anthony Wallace went to the pizza shop to confront Albie Flanagan.

During the course of that confrontation, a young man,

Thomas Ward, an innocent bystander, was stabbed.

But nobody entered the shop intent on harming Thomas Ward.

His murder was just a moment of madness.

With no forethought and no plan.

So, again, only he who was responsible for this

moment of madness, he who wielded the knife, should face trial.

And the innocent should go free.

And fourthly, with specific reference to my client

John Joseph O'Shea.

He will simply say that he drove the others for a pizza

and there is no evidence to disprove that.

Furthermore, he didn't go into the shop with them so he wasn't even

on the scene of the crime when the crime was committed.

I submit it would be dangerous to proceed against him

on such a flimsy basis.

Joint enterprise might allow it, your honour.

Natural justice should not.

Thank you. Next? Mr Cotting?

Your honour, I represent...

Would you like us to sit somewhere else?

Yes.

Our son is innocent, Mrs Ward...

-Please, go.

-We're going.

I just want you to know he's telling the truth, he's innocent.

-Innocent?

-Yes.

-Then why didn't he phone the police immediately?

-Because his head was all...

His head? What about mine?

'And on that basis alone, the case'

against Colin McCabe should be heard.

Finally, John Joseph O'Shea.

Your first point, Mr Barnes-Williams,

seems to be this - you do not like joint enterprise.

You are not alone.

However, there is little I can do about that.

This is not parliament. We can't amend, create or abolish any law.

The law of joint enterprise exists, the crown has decided to

prosecute according to that law so it is my duty to hear it.

Now your second submission carries more weight.

If there are five people involved in a joint enterprise,

all five should stand trial.

That is not happening here.

Only four of the five face charges

and the fifth is a witness for the prosecution.

Rest assured, I will ask the jury to keep that in mind

when weighing his evidence.

I know that is not perfect but it is better than nothing.

Justice for four is surely better than justice for none.

Now, you say there was never any conspiracy or plan to attack Thomas Ward.

That's correct.

But there was a plan to attack a young man named Albert Flanagan

and in the course of that attack, Thomas Ward died.

Whether he was the intended target or an innocent bystander is

immaterial, it is still joint enterprise murder.

Finally, you describe the case against your client as

"flimsy" in that he didn't enter the shop but sat waiting in the car.

But this doesn't necessarily weaken the case against him.

It could strengthen it.

The prosecution could argue that John Joseph O'Shea was

a getaway driver.

And a getaway driver does not participate in the crime,

he sits in the car with the engine running.

On balance I think it right for the jury to consider that possibility.

I'm confident that the case against all four defendants should proceed.

-You're going to have to plead guilty, Kieran. That's the least you can do.

-No way.

-Take the blame.

-You're the one who dropped us in this shit.

-No way!

-What, you think you can get away with it?

-Yeah, I do. Yeah.

-You've got no chance of getting away with it, you prick.

He's told them everything. Hugo's told them everything.

When we take the stand, we'll tell them everything. You've got no chance.

-You're gonna grass?

-Of course we're going to grass. You stabbed someone, you knob!

You're going to have to tell them it were you. Just you.

Right? We knew nothing about it. We knew nothing about a knife.

Right?

And I'll go down for life.

You'll get life anyway cos you can't get away with it.

-We'll see.

-No, mate.

You take us down with you, your life won't be worth living inside.

I'll get to you. And if I don't, someone else will.

You'll be doing life and you'll cacking it every single day.

They'll put you with the nonces.

You'll be doing life with the nonces

unless you tell the truth and take the blame, mate.

Tell the truth, Kieran.

Go on, you'll be a hero, then, won't you?

"There's Kieran Gillespie who pleaded guilty to murder

"so his mates could go free.

"He's a good lad him."

I told my mum I didn't do it.

All right.

OK. I'll do it, yeah.

I'll do it. Who do I tell?

-The judge? What?

-No, you tell the prosecution. I'll do it.

I know him.

-No can do, I'm afraid.

-No?

-The judge will say, "Mr Gillespie's getting life anyway.

"He's got nothing to lose, so of course he's going try to

"get his mates off by taking all the blame."

-So what will you accept?

-Mr Gillespie pleads guilty to murder,

the other three to GBH or conspiracy to commit GBH.

What'll that get us?

Ten years.

Nowhere near ten years.

The tariff starts there but the judge will

knock off time for a guilty plea, time off for no previous.

At worst, at the very worst, six years.

We've done nothing!

I've done nothing.

He's done nothing and he's done even less!

I'm sorry but you either take what's on offer or you all

stand trial for joint enterprise murder.

Could I stand trial on my own?

Afraid not.

-Take six years or risk life?

-Yeah.

-Well?

-What?

-What does he do?

-I dunno.

-What do you think he should do?

I don't know!

-You're not getting away with it.

-What?

-You know what.

-You've never made a decision in your entire life...

-You've never let me!

-You have to make one now!

What do you think he should do?

-I told you, I dunno!

-You do, but you won't say. You want us to choose.

We choose wrong, he gets life, you blame us.

We take the six years, you blame us for that as well, well no, you're not on.

You tell us what you think he should do.

-Take the six years.

-Take the six years?

-Could you do six years?

-Couldn't do a week in Butlins.

I could do six years.

-It's not just six years though, is it? You'd be saying you played a part in that boy's death.

-I didn't.

I know.

BELL RINGS

I'm pleading guilty to nothing, Mum. They can do what they want.

PHONE RINGS

RECORDING: "Hi, we're not at home. Please leave a message."

'Hi, it's Shelagh, again.

'I know you're there, will you just pick up?

'If you don't pick up, I'm coming round.

'I'm coming round.'

There's Shelagh.

KNOCKING

You're wasting your time! I am not letting my son plead guilty to something he didn't do!

-You'd sooner him stand trial for murder?

-Yes!

-You think he'll get off with it, don't you?

-There's nothing to get off with! He's innocent!

I'll rephrase that. You think a jury will acquit him, right?

He stayed in the car, wasn't even near the scene of the crime.

-So therefore can't possibly be guilty, right?

-Right.

-Wrong!

There's people less guilty than Johnjo doing life.

Do you know what this law's about, this Joint Enterprise Law?

It's not about innocent or guilty,

it's about getting working class scum off the streets.

That's how they see our kids - scum, scallies. Your son, my son...

-I'm shutting this door.

-Gillespie and McCabe, they'll all get life...

-I'm shutting this door.

-You're not. You're going to hear me out.

Put it into your laptop.

Joint Enterprise and see what you get. Loads and...

Get your hands off my door!

..loads of innocent kids, twice as innocent as...

-Get your hands off my door!

-..Johnjo and they're all doing life.

-COLIN:

-All I did was watch my mate's back. That's all I did.

And it's bad enough getting six years for that,

so I'm fucked if I'm going to get life, Johnjo.

You'll be well looked after.

THEY SHOUT OVER EACH OTHER

Johnjo, are you fucking listening?

I know you've got to do a year on your own at the young offenders'.

You can't be with us because of your age. But after that, I promise you,

you'll be with us.

Every fucking prison I go in I'm gonna tell them about you, you cunt!

Take the six, Johnjo.

You dirty, shithead, stinking arsed grass.

Eyes in the back of your head, that's what you're going to need.

Plead guilty to GBH, Johnjo...

You know what we do to a grass' family?

-Tell them you'll take the GBH!

-We torch the bastards!

-Tell them you'll take the GBH. Johnjo.

-You're dead!

Johnjo! Tell them you'll take the fucking GBH.

They're all going to fucking burn.

I know you can hear me! Listen to me, mate.

-Take the GBH.

-I'm going to fucking...

-Johnjo!

He's a haemophiliac.

We've mollycoddled him, wrapped him in cotton wool all his life.

You think he'll survive six years in prison?

-It won't be six years.

-He'll get picked on, bullied, you know he will.

Six years for my son is not the same as six years for the others.

Six years for my son might as well be life

so we're pleading not guilty.

Well, in that case I can no longer represent him.

What?!

Why isn't the pizza manager standing trial with them?

Because they needed his statement. The price they paid was his freedom.

They needed Johnjo's statement.

Yes. But he gave his away for nothing.

Oh, he was honest, you mean. A big mistake, being honest.

-Yes.

-It's nothing to do with Johnjo, this.

You don't want to lose. You don't want to be seen to lose.

Mrs O'Shea, I care only for Johnjo. If we fight and lose, he gets life.

If we plead guilty,

the worst scenario is five years and four months.

Not six years, five years and four months.

The best scenario - he comes home with you today.

Kieran Gillespie, you are charged with the murder

of Thomas James Ward. How do you plead?

Guilty.

Colin McCabe, you are charged with conspiracy to commit

grievous bodily harm. How do you plead?

Guilty.

Anthony Wallace, you are charged with conspiracy to

commit grievous bodily harm. How do you plead?

Guilty.

John Joseph O'Shea,

you are charged with conspiracy to commit grievous bodily harm.

How do you plead?

How do you plead?

Guilty.

You may be seated.

# Pay it I will to the end

# Until the grave, my friend

# Gives me a true release

# Gives me the clasp of peace... #

'Kieran Gillespie, I take 25 years as a starting point.'

I add two for the planned nature of the attack,

two for the fact that it was a group attack

and two years for the vulnerability of the victim.

I deduct three years for the absence of an intention to kill,

two years for your plea of guilty

and two years for the lack of parental guidance.

Kieran Gillespie, you are to be detained at her Majesty's pleasure

for a minimum term of 24 years...

COMMOTION

Colin McCabe and Anthony Wallace,

in each of your cases I start at ten years.

I will deduct one year for your previous good characters

and allow the full one-third discount for your guilty pleas.

Colin McCabe and Anthony Wallace,

you will each go to prison for six years.

John Joseph O'Shea,

you were 17 at the time of the offences

and I therefore start at eight years.

I will deduct a full one-third for your guilty plea

and I sentence you, under the Power of the Criminal Court Act,

to five years and four months' detention.

Take them down, please.

(Thank you so much.)

BELL RINGS

You all right?

Good to see you.

-How are you?

-Great.

-Yeah?

-Yeah. Honest.

Nothing to worry about in here, they're a great bunch of lads.

They leaving you alone?

Yeah!

They know I'm haemophiliac, they know if they touch me, then they can kill me.

It's like walking around with a suit of armour on or something!

Mum, I'm fine. Honestly.

Right? I'm fine.

It's just a bit boring, that's all.

Did you see the lawyer?

-Yeah.

-And?

There's nothing he can do, Johnjo.

-He said he was going to do all sorts.

-I know.

"Joint enterprise is wrong, joint enterprise needs changing,

"joint enterprise this, joint enterprise that."

You're not joint enterprise, son.

What?

You pleaded guilty to something else.

It wasn't even a trial.

I only pleaded guilty because I was scared of joint enterprise.

I know.

There's nothing we can do about it now.

Oh, well!

-Your neighbour said you'd been to see him.

-Yeah.

How is he?

Fine.

Coping?

I don't think so.

He pretends he is but I don't think he is.

And you?

Actually, Mrs Ward, I'm really proud of him.

I always thought he'd make me proud by getting a degree or something

but he's doing five and a half years and he's got haemophilia

and all he cares about is not upsetting me

and I think that is so...

I think that is so fucking brave.

I'm sorry.

It's OK.

I know you'd love your son to be doing five and a half years but...

Could you tell him I got his letter?

His letter?

He wrote to me.

You didn't know?

Would you like to see it?

Yes.

"Dear Mrs Ward, I'm writing this after getting sentenced

"because I don't want you to think I'm only writing so the judge will go easy on me.

"I thought we were going for a pizza, Mrs Ward, honest.

"But I've realised that doesn't make me innocent.

"See, if I hadn't had been born,

"I wouldn't have been able to drive them, and your Thomas would still be alive.

"So that's kind of a guilt.

"It's not really a guilty guilt, it's more of an innocent guilt

"but it's a guilt just the same

"and it's easier to do five and a half years thinking like that

"than five and a half years thinking I'm innocent.

"I'm really sorry, Mrs Ward.

"I'm really, really sorry."

Do you believe him?

Yes.

# This is the debt I pay

# Just for one riotous day

# Years of regret and grief

# Sorrow without relief

# Slight was the thing I bought

# Small was the debt I thought

# Poor was the loan at best

# God! But the interest!

My son Jordan is serving a 12 year minimum life sentence

for joint enterprise murder.

My sister Laura was given 13 years 6 month sentence

for joint enterprise murder.

My brother Michael Hall was given 13 years 6 months

for joint enterprise murder.

He was 15.