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All I'm doing here is sitting around here,
getting myself worked up, about what to say.
You're not going to be saying anything.
Actually I've been thinking about that.
Look, sometimes things can get confused in people's heads.
Not for me. I know exactly what happened.
It won't just be the jury, who won't believe her.
I will have her doubting herself.
I know I'm doing the right thing.
Jamie has to pay for what he did.
OK, take a few seconds.
Where will I sit?
You'll give evidence from the witness box here,
and after that, you can sit with family and friends
in the public gallery, or stay in the witness room, it's up to you.
The judge will be up here, and the jury will be over here.
Defence and Prosecution either side of this table.
Where will he sit?
And you're sure you don't want to give evidence
from behind the screen?
No. I want to face him.
OK. Well, have a walk around, sit where you'll be and the like,
so it's not all brand-new when you come in.
Hey, how did it go?
I don't know.
Would you mind if I take a minute?
Yeah, of course.
Is she OK?
A bit shocked, I think.
I'm sure she'll be fine.
Yeah, I hope so.
KNOCK AT DOOR
How are you doing?
I got a few out, so you can have a look,
see what you think's best.
These are fine, where are the ties?
I'm not really a tie person, bit more casual, approachable.
This is not a casual situation, Jamie.
Six-to-eight years, Mr McAllister.
Right. Absolutely. Sorry.
Nothing too sombre, you don't want to look like you're going to your own funeral.
No funny shit - Homer Simpson and the like.
Give me some credit.
-Just remember, you've got to look respectable, sympathetic.
He needs to look innocent.
He IS innocent.
He still wants to take the stand.
I'm not having this conversation.
The way he sees it, he's not getting any say.
I'm his say. His case is good.
The less he does, the better. So, talk him out of it.
Right, I brought a selection.
Right, that's that through with. Now you, take a seat.
-Final run-through. Just in case.
do you know exactly what his lawyers will say, about Zinnie, the family?
Well, their most likely tactic will be to try and discredit Zinnie.
Are you thinking about anything in particular?
No, no, it's just...
It's just that's all she cares about.
How the family will look, what people will think of them,
about me, how I'll make her look.
Zinnie, that's not true.
They won't judge me as badly as you have, that's for sure.
And so on top of her infatuation with you,
Pippa Ballantyne's statement leaves the jury under no illusion
that Zinnie Hassoun was a working girl, a prostitute.
Both are good for us. Prostitutes can't be raped.
That's the perception.
But Zinnie was an escort, not a prostitute.
Well, if the word "escort" makes you feel better, you call her an "escort".
There IS a difference.
To the general public? To the jury? They won't see the difference.
Tomorrow is about wrecking her and her accusations.
However, should we need to call you to the stand,
what is the purpose of your testimony?
To consolidate the impressions given by Pippa Ballantyne.
You will testify that...?
I understood the transaction would be for company, leading to sex.
Good. What followed on after that night? How was Miss Hassoun?
She began to pester me.
Do you need me here for this?
I could do with getting some fresh air.
Don't go far.
Right, keep going.
Zinnie's chances are good, aren't they?
We have strong evidence, but ultimately, it is up to a jury.
The conviction rate in Scotland isn't what we would like.
See, that's what I'm worried about,
not what the family will look like.
You said you thought it would be good to have a look
over your initial statement, the one you recorded on the second of January.
Yeah...is this it?
I think you should read it with me.
I think you should read it with me,
So we can remind ourselves what this is about.
It might help, even just being here for support.
OK, of course.
'I just remember he took my drink off me...
'it was in a mug, then we started kissing again.
'I could smell the bleach from the toilets, the stale beer..
'I'd gone in there... I'd kissed him, fooled around.
'The first time I stopped him, I don't know, he was kind of cool.
'Then we sort of started up again.
'Why didn't I just go home?
'He was kissing my face, my neck...
'then he just took my wrist, held it really hard...
'He sort of pinned it back against the sofa...
'he got on top.'
And I couldn't breathe.
I said, "No, don't..." But he just ...carried on.
I just froze. I didn't kick, I didn't scream.
I just stared at the wall...
waiting for him to finish.
Feels like a good time to take a break.
I'll get the door.
How is she?
She's been better. Come on in.
Miss Hassoun, Mrs Brodie, good afternoon.
They've just been reading Zinnie's witness statement.
As hard as it can be, it is good
to revisit your statement, clarify what was said.
Right, I need to leave and let you and the advocate get on.
I'll be there to meet you tomorrow when you arrive.
I'll let myself out.
And after it became apparent that she wouldn't accept the money
to avoid going to court, I walked away,
and that's the last time I saw Miss Hassoun until today.
So, Mr McAllister, is that everything?
She's a working girl, becomes infatuated with a client,
is warned away, goes after his brother, who doesn't pay.
She is enraged, claims rape.
You try to pay her, but she rejects it,
expecting a higher offer to follow, but it doesn't.
Her accusations stem from being rebuffed.
I've a good feeling about our chances.
I hope you're right.
One further thing, Miss Hassoun - in all likelihood,
they will somehow imply that you are or have been a prostitute.
I am NOT a prostitute, I've never been a prostitute,
I couldn't ever do that.
You're supposed to be on our side.
I'm only making you aware.
You can't react like that, not to anything.
Escort, prostitute - the Defence will say it's all the same to the jury.
Well, I'm not. I wanted to sleep with Alex.
I didn't realise he was going to pay.
Good, nice and calm. It's good you didn't know, believe me.
Is there anything specific you'd like to ask?
I just want it to be over.
That's understandable. You will be pulled each and every way in court.
Keep calm and stay focused.
We are as prepared as we can be.
PC Shaw will meet you at the court when you arrive,
show you what to do.
Are you OK?
I thought you were looking after Grace tomorrow.
Look, she's dead-beat.
I'm going to take wee Grace for a walk, let her get to her bed.
It's a big day for her tomorrow.
That's good of you.
Uh-huh. Zinnie's liaison officer and advocate were here, just left.
How is she?
KNOCK AT DOOR
Hey, how you doing?
I don't know.
Can I sit?
Third, fourth, fifth. All reasons not to do it.
See the thing is, you deserve the justice.
Listen, you cannot let being scared get in your way.
Think about it, you'd never forgive yourself if you let him walk,
Well, that's what you need to focus on. Right?
OK, fancy coming a walk with me and Grace?
No, I think I'm going to stay here,
just to get my head in the right place.
OK. If you need me, you call me, all right?
How is she?
Getting there, I think. She knows it's going to be heavy-duty.
You look frazzled. Not fancy some fresh air?
Might do you good.
You know what, I think I will.
Feels like I've been inside all day. Will she need a feed?
Yeah, there's one in the change bag.
Right, come on, grab your coat, you have pulled.
You, get to bed.
-We'll keep this one out as long as we can. All right?
Can I get you anything?
No, thanks. Are you OK?
Yeah, tired, mostly. You?
Let's get up there, eh?
It suits you.
Well, maybe I should just concentrate on being a good uncle for now.
You're doing fine.
It's me that needs to start being more supportive.
I read Zinnie's statement with her this morning.
Didn't feel that she was lying.
I know she wasn't.
Gabriel, this whole...escorting thing really shook me up.
I've been so used to her lying, we all have,
even going back to saying that Michael came on to her.
God, she used to be such a...fantasist.
Everything's going to come out, be twisted around.
Listen, what Zinnie's doing is really brave.
You should be admiring her, you shouldn't be doubting her.
She's going to need all the support she can get, believe me.
Like she said, keep calm and centred.
It's just knowing that they've got my life in their hands.
Yours is in Galbraith's hands.
Remember, no reactions at all, just let her do her job.
I will, don't worry.
There, let's go.
Listen, you don't need to come.
-You can't come in, though.
-I can't sit in the house waiting.
I want to be there.
Besides, I can make phone calls.
I'll keep myself busy, don't you worry.
Right, well, if you're sure.
We better go in.
Please be seated.
Call the diet, Her Majesty's Advocate against James McAllister.
The accused, James McAllister, maintains a plea of not guilty.
The special defence submitted is that the act of sexual
intercourse was consensual.
Karen Millar, Helen McIntyre, Paul Hamilton, Caroline Porter,
Frederick Eams, Liam Baxter, Sandra Good and George McCreadie.
My Lord, I call Crime Witness Number One, Farah Hassoun.
I swear by Almighty God, that I will tell the truth,
the whole truth, and nothing but the truth.
Then he grabbed my wrist, really hard...pinned me to the sofa.
I said, "No, don't," but...
..he'd changed. He carried on, and...
I just froze, stopped fighting,
I stared at the wall.
He had overpowered you?
It was too late.
In what way, Miss Hassoun?
You had been penetrated against your will?
And how would the accused know, that it was against your will?
Because I said no.
You said no?
More than once?
You're in no doubt about this?
You believe you were raped?
I KNOW I was raped.
You were raped by this man, the accused, James McAllister?
Thank you, Miss Hassoun.
One thing, Miss Hassoun, why are you on Miss Ballantyne's books?
It is after all how you came to meet
and sleep with the accused's brother, Alexander McAllister?
Pippa introduced us.
Pippa Ballantyne, who runs the agency?
No, I was company. Pippa approached me. I needed the money.
I thought it was easy money,
£300 to have dinner with a guy.
It was made clear that I didn't have to have sex with the clients.
And did you get along?
He was nice. I was flattered.
And you had sex?
Yes. I liked him.
And you were paid?
When I realised I was being paid, I resigned immediately,
I was horrified.
Pippa told me I was being naive.
But you took this money?
I wanted to help out at home.
Laudable, but do you see how it looks?
Yes, but...I wasn't...I didn't want to be paid.
Thank you, Miss Hassoun.
No more questions, my Lord.
Miss Hassoun, can you confirm for the court that you are
no longer working as a prostitute?
You had sex with Alexander McAllister, Mr McAllister
paid for the sex, and you accepted the money?
-Sounds like prostitution.
Your parents are wealthy, true?
Have they disowned you?
Would it be fair to say that you have been lavished with gifts,
Some people might say I was.
In fact, your parents gave you funds to attend Glasgow University.
Funds you frittered away, having dropped out of university.
Ms Galbraith, we are going somewhere with this line of questioning?
Yes, my Lord, almost there.
You have since eked out a living, going from part-time job to part-time job,
reduced to lodging with the Brodies.
That must grate.
An indulged only child, who thinks the world revolves around you
and you're used to easy money.
You must have thought your prayers answered when Miss Ballantyne proposed escort life.
I believe you felt entitled to Mr McAllister's flattery and money.
So much so, that when James McAllister did not pay you
anything at all, let alone £1,000,
you felt rebuffed. You accused him of rape to exact revenge,
to extort money, in exchange for his reputation.
-Why else make the allegation?
-Because it's true!
-But it isn't.
You had rough sex with James McAllister
because you thought that was what he wanted and what he'd pay for.
It wasn't sex.
Oh. Like it wasn't prostitution(?)
No more questions, my Lord.
Thank you, Miss Hassoun, you may step down now.
My Lord, the Prosecution requests a short recess.
I can't do this.
You already have. You did well.
That was not easy.
See? I told you.
What do you know?
You heard what she said.
You saw how she made me look.
I did. You're used to money, so you must be a prostitute.
It's a well-worn strategy.
Poor little rich girl.
It won't work.
She wants the jury to envy you, therefore dislike you,
inclining them to disbelieve.
It's too much.
Take your time.
We've got ten minutes before we have to go back.
You can join the public gallery when you're ready.
You're not just telling her what she wants to hear?
SHE GASPS FOR BREATH
She had bruising to the wrists and some internal bruising.
Although she had showered,
DNA evidence was obtained from Miss Hassoun and her underwear.
The bruising indicates force, wouldn't you say?
That would be my conclusion.
Thank you, Doctor.
Hogmanay - they were still buzzing from a busy night,
Miss Hassoun could have gone home,
yet she consented to stay, consented to have a drink with her boss,
consented to go into the office with him,
consented to intercourse with him.
Objection, my Lord. There was no consent.
Ms Galbraith, are we going somewhere?
A question, for instance?
These bruises could equally have come from consensual force, couldn't they?
That would not be my conclusion, no.
But you grant it is possible?
She had choice after choice after choice.
Nothing was forced.
These pictures do not prove otherwise.
Miss Brodie, you were the first person to see Miss Hassoun
when she came back from Hogmanay, am I right?
Yeah. I was up with my wee girl, Grace.
She was in a positive frame of mind when she left?
And when you saw her that morning?
Not at all, not even close.
She was, stiff, rigid, like really, really tense.
Sorry, I'm not describing that very well.
You're doing fine. Please continue.
I went in to ask Zinnie if she'd had a good night,
and she said no.
She wouldn't tell me why, but...
She wasn't right.
Eventually, she said it was to do with Jamie.
She called the Sexual Assault Referral Centre,
and we convinced Zinnie to go there and then to the police,
and, well, you know the rest.
Thank you, Miss Brodie.
Grace was three and a half months old on Hogmanay. Is that right?
A single mum, feeding through the night, tired...
Could you really judge Miss Hassoun's condition that morning?
I wasn't drunk.
Oh, I didn't suggest that.
But you do like a drink?
So much so that, on the 23rd of December, you judged it fit
to leave Grace alone while you went out drinking with Miss Hassoun.
For which you received a police caution for...
endangering the life of a child.
Oh, Ms Galbraith. Really?
Withdrawn, my Lord.
Miss Brodie, I put it to you
that you are a poor judge of character and situation.
This isn't about me.
No, it's about your judgement, Miss Brodie.
You will agree that you showed poor judgement,
leaving Grace to fend for herself at three and a half months?
-With such poor judgement, can you be a reliable character witness?
I know what I saw.
In your judgement?
Which was hopelessly flawed in the most serious of circumstances,
when a child's life was at risk,
let alone a young man's liberty.
You all did really well today.
Didn't feel like it.
As emotional as you were,
you did not allow her to bully you into anything.
Everyone thinks I'm a prostitute.
Zinnie, you were strong in there. I'm really proud of you.
And you as well, Miss Brodie.
Me? I was rubbish.
No, you were honest and brave.
She tore me apart, made me look stupid.
Not so. Contrary to what she was trying to achieve,
I think she made you look like you were telling the truth.
Oh, really? The alcoholic child abuser?
We all make foolish decisions. Some of us get caught.
I'll see you in the morning.
I couldn't have done what you did in there today.
I didn't have much choice.
I want to go home.
The cadets I have are next to useless! Excuse me.
So? Where do you think we stand?
I'm cautiously optimistic.
Galbraith did a pretty good job of making them seem unreliable.
Ach, we'll see.
A wee dig here and there at what is plainly solid evidence.
-She's got nothing of substance.
-You think the jury will see that?
I'll bring it to their attention. And the photographs, the statement and the SARC report.
Do you think Zinnie did enough to convince them?
-It went OK, didn't it?
-It went OK.
Miss Hassoun did well.
But so much of what she said has been undermined.
That's our strategy. Reasonable doubt is all we need.
You look concerned.
You thought she was convincing?
Yes. And you've got to be just as convincing
when you're up there tomorrow.
Were you aggressive in your questioning of her?
I had to be - her performance was good, things were going her way.
Might that not push a jury to pity her?
They'll all know somebody just like Jamie -
their brother, their partner, their friend.
If he's a rapist, then the person they know who's just like him could be one.
That notion scares them, so they dismiss it to protect themselves.
-..it must be the girl's fault.
Jamie said half the jury are women.
-Should we be concerned about that?
It often goes in favour of the accused.
Miss Hassoun is a prostitute.
Now go home, don't drink and get a good night's sleep.
I need you on top form in the morning.
So how did it go?
Well, the advocate seemed happy.
Don't know why.
She told us why.
And you believed her?
Well, you're just going to have to.
She'll know what she's talking about, right?
Mm. So will Jamie's lawyer.
Somebody's got to lose.
Can we try and be a bit more positive, please?
Right, I'm going to have a shower.
So how bad was it?
I don't know how she did it.
How can they do that to someone that's been raped?
And how did Zinnie cope on the stand?
She dealt with everything they threw at her.
A pity I let her down.
Nic, you know that's not true.
Yes, it is.
Making a habit of it, amn't I, letting people down.
How was Grace?
Great. She's a wee cracker. I loved it.
Yeah, well, that's cos she knows
you're not her alcoholic single mum with bad judgement.
I thought she said no drinking.
Aye, she did.
ALEX CLEARS HIS THROAT
What's wrong? You're like a black cloud.
I'm just tired. Takes it out you.
You weren't even watching.
Try being the accused.
Why do you think she's doing it?
-Putting herself through it.
Like you said -
putting herself up there for Galbraith to rip her apart.
You tell me.
How would I know?
You've got as much chance as me knowing, we both had a shot.
Oh, sorry, yours was a business transaction,
all above board.
Yeah, you paid for your shot. Well done(!)
I was asking, that's all.
I couldn't tell you, honestly.
She wasn't even convincing.
Galbraith seems to think she was.
Zinnie's just mixed up.
She knew what it was. I mean, they always do.
Seriously, is it any wonder you're single?
I'm on my own because that's the way I like it.
Aye, well, you're answering for this one.
Are YOU giving ME advice about women?
You, the sad-sack divorcee holding a torch for his one true love
while he's shagging escorts?
You're just as bad as me.
THAT was out of order.
Oh, listen to yourself, Alex, sitting on your high horse.
Look, I'm sorry. But just don't lecture me.
I...am taking the stand tomorrow...
..and ruining my reputation to try to keep YOU out of jail.
That entitles me to say what I think.
KNOCK ON DOOR
Nic's making some tea. Do you want one?
Er, no, I'm going to go to bed in a minute.
I'm sorry I ever doubted you.
I feel ashamed.
I feel like I've made things so much harder for you when...
when I should have just been a support.
Nothing for Zinnie.
She all right?
Er, yeah. She's just going to go to bed.
I'm not surprised.
Give me it here, I'll feed her.
Gabe, do you think could babysit Grace again tomorrow?
Is Grace not gonnae miss her mum?
It's just one more day.
All right, then. I suppose.
I'm going to put my jammies on.
See, if this Galbraith's set her back again...
Give her time. It wasn't easy for her today.
Let's hope that she can get over it, eh?
Cos this one here, she's gonnae need her.
Right, let's get you fed, eh?
How's my gorgeous wee girl?
..did you understand your relationship with Miss Hassoun to be a transaction?
-You bought Miss Hassoun for the night?
-You are separated, a businessman, working long hours.
She was company at the end of a stressful day?
I suppose, yes.
But she began to pester you.
Turned up at a pub you visited and phoning you.
Yes. I-I had to ask, um, Miss Ballantyne to intervene.
And then the phone calls stopped?
So how did you feel when she turned up as an employee at the bar you own
and your brother manages?
Disconcerted. I, um...
I didn't think it was a coincidence.
Maybe worried that she was stalking you?
Was it revenge, for you spurning her?
Or was she positioning herself for something else?
Objection, my Lord, this is conjecture.
No further questions, my Lord.
Mr McAllister, Miss Hassoun was paid to have a night out?
And she liked you?
Yes. I liked her.
But you paid Miss Ballantyne an extra £700
on top of the 300. Why?
Because we had sex and that wasn't covered by the basic fee.
Did you discuss that with Miss Hassoun?
Talking about additional money would have...
sullied the moment, wouldn't it?
Something like that.
Just to be crystal clear -
on the night in question, did you make ANY sort of agreement
with Miss Hassoun to pay her for sex?
Did you think Miss Hassoun was trying to extort money
from you or your brother?
Not that I'm aware of.
In fact, Miss Hassoun refused your offer of a considerable sum
back in January, when you tried to pay her to withdraw the charges.
She wouldn't let you buy her silence.
It's hardly the actions of a blackmailer.
What were you scared of?
Bringing all of this down on Jamie's head,
because of my own selfish needs, my own failings.
Not the fact that your brother might be a rapist?
Objection, my Lord.
The jury will ignore the last question for the Prosecution.
That meeting was also the time
that you saw the bruises on Miss Hassoun, true?
Request permission to approach the witness, my Lord.
Showing the witness production number 17.
How would you feel if you saw these on your daughter Jessica's arms?
Would you accept rough sex as an explanation?
Has the possibility of your brother being a rapist just crossed your mind?
No further questions, my Lord.
My Lord, the Defence requests a short break.
Right, I need you to calm down.
Here, have a seat.
-What are you playing at?
-WHAT THE HELL?!
What are you playing at?
You've just told them I'm guilty.
I just answered the questions, Jamie. I didn't tell them anything.
-They know what you think, though, don't they?
What was that about?
What do you think?
I'm on my own, then.
I'm taking the stand.
I still think that's a bad idea.
Any other suggestions?
Six to eight years, Alex.
Six...to eight years.
I hope you can enjoy them.
And you were surprised when Miss Hassoun left?
Yes. I thought we were going back to mine for breakfast.
And you sent her a text, Crown production number 21.
"Hey, gorgeous. U want a shift tonight? J x."
Hardly the words of someone who's ashamed of their actions.
I, er, wanted to see her again.
Would you do anything to hurt her?
No more questions, my Lord.
You like the attention of girls, don't you, Mr McAllister?
You think you deserve it, because you have a high opinion of yourself, don't you?
-Ach, course you do -
young, handsome, charming, trendy job,
a way with the ladies... a bit of a catch.
Well, I don't think of myself in that way.
Miss Hassoun did.
And your position as her employer allowed you to exert power over her.
We were friends.
Is that what you told yourself?
Why would a friend accuse you of rape?
I honestly don't know.
I was shocked, I still am.
I am...not like that.
What stopped you being friends, changed her opinion of you?
-I couldn't say.
-Maybe the same thing that changed your brother's opinion of you?
Could you tell us how many sexual partners you've had?
-I don't count.
-Use a word.
Just victims to your looks and charm?
Oh, so you admit there have been victims?
No, th-that's not what I meant.
That's what you said. Seconds ago.
I put it to you that Miss Hassoun is one of a long line of victims.
-No. She was a...
Can I refer you to Crown production number 26,
your statement to the police.
-You say here, "She whispered 'yes' in my ear."
-And you're quite sure about that?
What else did she say after that?
I'm sorry. I don't understand.
It's quite straightforward.
You're contending that Miss Hassoun said yes.
Did she say anything else?
I don't remember.
Because you told the police,
"You can't expect me to remember every last detail."
But you clearly do remember the "yes".
Miss Hassoun says that,
though she was initially willing, she changed her mind.
Do you remember her hesitating at any stage?
Because, in your statement, you say,
"After a while, she pulled back, saying it was going too fast."
She did say no, didn't she?
Well, n-not in that way.
Not long after she said yes, she was saying no again, wasn't she?
But she stopped saying no.
She stopped saying no?
Did you ever have her consent for what you did?
No more questions, my Lord.
It's time. You ready?
Please be seated.
Members of the jury, will your spokesperson please stand?
Have you reached a verdict?
Yes, we have.
What is your verdict in respect of the accused, James McAllister,
on the charge on the indictment?
Is that unanimous or by a majority?
Thank you. Please be seated as I record the verdict.
Members of the jury, is your verdict correctly recorded as follows?
"The jury unanimously find the accused, James McAllister,
"guilty as liabled of the charge on the indictment."
..you have been found guilty of the crime of rape.
Sentencing will be adjourned
to allow for a Criminal Justice Social Work Report.
You will be remanded in custody pending sentencing.
You can expect a lengthy custodial sentence.
Please take him down.
Members of the jury, my instructions to you during the trial
were that the verdict was your responsibility and yours alone.
It is clear that you took this responsibility seriously
and arrived at your decision conscientiously.
I thank you for your public service
and for your time serving on this jury.
Guess who turned up today? He's just out of rehab.
Stevie, I really want you to see him.
You call what he did to me a MISTAKE?
Your brother...raped me.
All I'm asking for is five minutes.
I really think it would help him.
I don't want you to go.
I like you, Tattie, but I won't break up a marriage.
I telt you to disappear,
but now you're back, tryin' to worm your way in wi' Stella.