11/02/2014 River City


11/02/2014

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Transcript


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All I'm doing here is sitting around here,

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getting myself worked up, about what to say.

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You're not going to be saying anything.

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Actually I've been thinking about that.

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Look, sometimes things can get confused in people's heads.

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Not for me. I know exactly what happened.

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Do you?

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It won't just be the jury, who won't believe her.

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I will have her doubting herself.

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I know I'm doing the right thing.

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Jamie has to pay for what he did.

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OK, take a few seconds.

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Where will I sit?

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You'll give evidence from the witness box here,

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and after that, you can sit with family and friends

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in the public gallery, or stay in the witness room, it's up to you.

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The judge will be up here, and the jury will be over here.

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Defence and Prosecution either side of this table.

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Where will he sit?

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Here.

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And you're sure you don't want to give evidence

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from behind the screen?

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No. I want to face him.

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OK. Well, have a walk around, sit where you'll be and the like,

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so it's not all brand-new when you come in.

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Hey, how did it go?

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I don't know.

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Would you mind if I take a minute?

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Yeah, of course.

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Is she OK?

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A bit shocked, I think.

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I'm sure she'll be fine.

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Yeah, I hope so.

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KNOCK AT DOOR

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How are you doing?

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I'm nervous.

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I got a few out, so you can have a look,

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see what you think's best.

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These are fine, where are the ties?

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I'm not really a tie person, bit more casual, approachable.

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This is not a casual situation, Jamie.

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Six-to-eight years, Mr McAllister.

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Right. Absolutely. Sorry.

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Nothing too sombre, you don't want to look like you're going to your own funeral.

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No funny shit - Homer Simpson and the like.

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Give me some credit.

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-Just remember, you've got to look respectable, sympathetic.

-Cool.

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He needs to look innocent.

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He IS innocent.

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He still wants to take the stand.

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I'm not having this conversation.

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The way he sees it, he's not getting any say.

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I'm his say. His case is good.

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The less he does, the better. So, talk him out of it.

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Right, I brought a selection.

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Right, that's that through with. Now you, take a seat.

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-Sorry?

-Final run-through. Just in case.

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Tomorrow,

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do you know exactly what his lawyers will say, about Zinnie, the family?

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Well, their most likely tactic will be to try and discredit Zinnie.

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Are you thinking about anything in particular?

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No, no, it's just...

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It's just that's all she cares about.

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How the family will look, what people will think of them,

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about me, how I'll make her look.

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Zinnie, that's not true.

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They won't judge me as badly as you have, that's for sure.

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And so on top of her infatuation with you,

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Pippa Ballantyne's statement leaves the jury under no illusion

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that Zinnie Hassoun was a working girl, a prostitute.

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Both are good for us. Prostitutes can't be raped.

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That's the perception.

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But Zinnie was an escort, not a prostitute.

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Well, if the word "escort" makes you feel better, you call her an "escort".

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There IS a difference.

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To the general public? To the jury? They won't see the difference.

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Tomorrow is about wrecking her and her accusations.

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However, should we need to call you to the stand,

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what is the purpose of your testimony?

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To consolidate the impressions given by Pippa Ballantyne.

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You will testify that...?

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I understood the transaction would be for company, leading to sex.

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Good. What followed on after that night? How was Miss Hassoun?

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She began to pester me.

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Do you need me here for this?

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Why?

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I could do with getting some fresh air.

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Don't go far.

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Right, keep going.

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Zinnie's chances are good, aren't they?

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We have strong evidence, but ultimately, it is up to a jury.

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The conviction rate in Scotland isn't what we would like.

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See, that's what I'm worried about,

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not what the family will look like.

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You said you thought it would be good to have a look

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over your initial statement, the one you recorded on the second of January.

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Yeah...is this it?

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SHE SIGHS

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I think you should read it with me.

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What?

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I think you should read it with me,

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So we can remind ourselves what this is about.

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It might help, even just being here for support.

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OK, of course.

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'I just remember he took my drink off me...

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'it was in a mug, then we started kissing again.

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'I could smell the bleach from the toilets, the stale beer..

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'I'd gone in there... I'd kissed him, fooled around.

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'The first time I stopped him, I don't know, he was kind of cool.

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'Then we sort of started up again.

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'Why didn't I just go home?

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'He was kissing my face, my neck...

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'then he just took my wrist, held it really hard...

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'He sort of pinned it back against the sofa...

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'he got on top.'

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SHE SIGHS

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And I couldn't breathe.

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I said, "No, don't..." But he just ...carried on.

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I just froze. I didn't kick, I didn't scream.

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I just stared at the wall...

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waiting for him to finish.

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SHE SIGHS

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BELL RINGS

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Feels like a good time to take a break.

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I'll get the door.

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-PC Shaw?

-Hi.

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How is she?

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She's been better. Come on in.

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Miss Hassoun, Mrs Brodie, good afternoon.

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They've just been reading Zinnie's witness statement.

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As hard as it can be, it is good

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to revisit your statement, clarify what was said.

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Right, I need to leave and let you and the advocate get on.

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I'll be there to meet you tomorrow when you arrive.

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I'll let myself out.

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And after it became apparent that she wouldn't accept the money

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to avoid going to court, I walked away,

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and that's the last time I saw Miss Hassoun until today.

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So, Mr McAllister, is that everything?

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Everything.

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She's a working girl, becomes infatuated with a client,

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is warned away, goes after his brother, who doesn't pay.

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She is enraged, claims rape.

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You try to pay her, but she rejects it,

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expecting a higher offer to follow, but it doesn't.

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Her accusations stem from being rebuffed.

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I've a good feeling about our chances.

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I hope you're right.

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One further thing, Miss Hassoun - in all likelihood,

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they will somehow imply that you are or have been a prostitute.

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I am NOT a prostitute, I've never been a prostitute,

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I couldn't ever do that.

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You're supposed to be on our side.

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I'm only making you aware.

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SHE SIGHS

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You can't react like that, not to anything.

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Escort, prostitute - the Defence will say it's all the same to the jury.

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Well, I'm not. I wanted to sleep with Alex.

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I didn't realise he was going to pay.

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Good, nice and calm. It's good you didn't know, believe me.

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Is there anything specific you'd like to ask?

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I just want it to be over.

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That's understandable. You will be pulled each and every way in court.

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Keep calm and stay focused.

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We are as prepared as we can be.

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PC Shaw will meet you at the court when you arrive,

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show you what to do.

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DOOR SHUTS

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Are you OK?

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Zinnie...

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SHE SIGHS

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DOOR SHUTS

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Hey.

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Hi.

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I thought you were looking after Grace tomorrow.

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I practise.

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Look, she's dead-beat.

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I'm going to take wee Grace for a walk, let her get to her bed.

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It's a big day for her tomorrow.

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That's good of you.

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Tough day?

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Uh-huh. Zinnie's liaison officer and advocate were here, just left.

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How is she?

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Pretty scared.

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KNOCK AT DOOR

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Yeah?

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Hey, how you doing?

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I don't know.

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Can I sit?

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HE SIGHS

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Second thoughts?

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Third, fourth, fifth. All reasons not to do it.

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See the thing is, you deserve the justice.

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Listen, you cannot let being scared get in your way.

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Think about it, you'd never forgive yourself if you let him walk,

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would you?

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No.

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Well, that's what you need to focus on. Right?

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HE SIGHS

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OK, fancy coming a walk with me and Grace?

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No, I think I'm going to stay here,

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just to get my head in the right place.

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OK. If you need me, you call me, all right?

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OK.

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How is she?

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Getting there, I think. She knows it's going to be heavy-duty.

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You look frazzled. Not fancy some fresh air?

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Might do you good.

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You know what, I think I will.

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Feels like I've been inside all day. Will she need a feed?

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Yeah, there's one in the change bag.

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Right, come on, grab your coat, you have pulled.

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You, get to bed.

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-We'll keep this one out as long as we can. All right?

-Thanks, guys.

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Come on.

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-Hey.

-Hey.

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Can I get you anything?

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No, thanks. Are you OK?

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Yeah, tired, mostly. You?

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Not really.

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Let's get up there, eh?

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It suits you.

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You reckon?

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Yeah.

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Well, maybe I should just concentrate on being a good uncle for now.

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You're doing fine.

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It's me that needs to start being more supportive.

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What's happened?

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I read Zinnie's statement with her this morning.

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Didn't feel that she was lying.

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I know she wasn't.

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Gabriel, this whole...escorting thing really shook me up.

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I've been so used to her lying, we all have,

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even going back to saying that Michael came on to her.

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God, she used to be such a...fantasist.

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Everything's going to come out, be twisted around.

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Listen, what Zinnie's doing is really brave.

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You should be admiring her, you shouldn't be doubting her.

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She's going to need all the support she can get, believe me.

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Like she said, keep calm and centred.

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It's just knowing that they've got my life in their hands.

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Yours is in Galbraith's hands.

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Remember, no reactions at all, just let her do her job.

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I will, don't worry.

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There, let's go.

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Listen, you don't need to come.

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I do.

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-You can't come in, though.

-I can't sit in the house waiting.

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I want to be there.

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Besides, I can make phone calls.

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I'll keep myself busy, don't you worry.

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Right, well, if you're sure.

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I am.

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We better go in.

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Good luck.

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HE SIGHS

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Court!

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Please be seated.

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Call the diet, Her Majesty's Advocate against James McAllister.

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The accused, James McAllister, maintains a plea of not guilty.

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The special defence submitted is that the act of sexual

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intercourse was consensual.

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Karen Millar, Helen McIntyre, Paul Hamilton, Caroline Porter,

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Frederick Eams, Liam Baxter, Sandra Good and George McCreadie.

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Thank you.

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My Lord, I call Crime Witness Number One, Farah Hassoun.

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I swear by Almighty God, that I will tell the truth,

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the whole truth, and nothing but the truth.

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Then he grabbed my wrist, really hard...pinned me to the sofa.

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I said, "No, don't," but...

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..he'd changed. He carried on, and...

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I just froze, stopped fighting,

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I stared at the wall.

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He had overpowered you?

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It was too late.

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In what way, Miss Hassoun?

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He, erm...

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You had been penetrated against your will?

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Yes.

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And how would the accused know, that it was against your will?

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Because I said no.

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You said no?

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More than once?

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Yes.

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You're in no doubt about this?

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None.

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You believe you were raped?

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I KNOW I was raped.

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You were raped by this man, the accused, James McAllister?

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Thank you, Miss Hassoun.

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One thing, Miss Hassoun, why are you on Miss Ballantyne's books?

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I'm not.

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Really?

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It is after all how you came to meet

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and sleep with the accused's brother, Alexander McAllister?

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Pippa introduced us.

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Pippa Ballantyne, who runs the agency?

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-Yes.

-For sex?

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No, I was company. Pippa approached me. I needed the money.

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I thought it was easy money,

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£300 to have dinner with a guy.

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It was made clear that I didn't have to have sex with the clients.

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And did you get along?

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Yes.

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He was nice. I was flattered.

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And you had sex?

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Yes. I liked him.

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And you were paid?

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When I realised I was being paid, I resigned immediately,

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I was horrified.

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Pippa told me I was being naive.

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But you took this money?

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I wanted to help out at home.

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Laudable, but do you see how it looks?

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Yes, but...I wasn't...I didn't want to be paid.

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Thank you, Miss Hassoun.

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No more questions, my Lord.

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Miss Hassoun, can you confirm for the court that you are

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no longer working as a prostitute?

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-Objection.

-Sustained.

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You had sex with Alexander McAllister, Mr McAllister

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paid for the sex, and you accepted the money?

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Yes.

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-Sounds like prostitution.

-It wasn't.

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Your parents are wealthy, true?

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Have they disowned you?

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Would it be fair to say that you have been lavished with gifts,

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spoiled, even?

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Some people might say I was.

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In fact, your parents gave you funds to attend Glasgow University.

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Funds you frittered away, having dropped out of university.

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Ms Galbraith, we are going somewhere with this line of questioning?

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Yes, my Lord, almost there.

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You have since eked out a living, going from part-time job to part-time job,

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reduced to lodging with the Brodies.

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That must grate.

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An indulged only child, who thinks the world revolves around you

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and you're used to easy money.

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You must have thought your prayers answered when Miss Ballantyne proposed escort life.

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No.

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I believe you felt entitled to Mr McAllister's flattery and money.

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So much so, that when James McAllister did not pay you

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anything at all, let alone £1,000,

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you felt rebuffed. You accused him of rape to exact revenge,

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to extort money, in exchange for his reputation.

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-That's ridiculous!

-Why else make the allegation?

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-Because it's true!

-But it isn't.

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You had rough sex with James McAllister

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because you thought that was what he wanted and what he'd pay for.

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It wasn't sex.

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Oh. Like it wasn't prostitution(?)

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No more questions, my Lord.

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Thank you, Miss Hassoun, you may step down now.

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My Lord, the Prosecution requests a short recess.

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HE SIGHS

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DOOR OPENS

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DOOR CLOSES

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DOOR OPENS

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I can't do this.

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You already have. You did well.

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That was not easy.

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See? I told you.

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What do you know?

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You heard what she said.

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You saw how she made me look.

0:28:460:28:47

I did. You're used to money, so you must be a prostitute.

0:28:470:28:50

It's ridiculous.

0:28:500:28:52

It's a well-worn strategy.

0:28:520:28:54

Poor little rich girl.

0:28:540:28:56

It won't work.

0:28:560:28:57

She wants the jury to envy you, therefore dislike you,

0:28:570:29:00

inclining them to disbelieve.

0:29:000:29:01

It's desperation.

0:29:010:29:03

It's too much.

0:29:040:29:05

Take your time.

0:29:050:29:06

We've got ten minutes before we have to go back.

0:29:060:29:09

You can join the public gallery when you're ready.

0:29:090:29:12

You're not just telling her what she wants to hear?

0:29:160:29:19

I wouldn't.

0:29:190:29:20

DOOR OPENS

0:29:240:29:26

SHE SIGHS

0:29:330:29:34

SHE GASPS FOR BREATH

0:30:000:30:04

HE SIGHS

0:30:140:30:16

She had bruising to the wrists and some internal bruising.

0:30:170:30:22

Although she had showered,

0:30:220:30:23

DNA evidence was obtained from Miss Hassoun and her underwear.

0:30:230:30:27

The bruising indicates force, wouldn't you say?

0:30:290:30:33

That would be my conclusion.

0:30:330:30:36

Thank you, Doctor.

0:30:360:30:37

Hogmanay - they were still buzzing from a busy night,

0:30:430:30:47

everything's heightened.

0:30:470:30:49

Miss Hassoun could have gone home,

0:30:490:30:50

yet she consented to stay, consented to have a drink with her boss,

0:30:500:30:55

consented to go into the office with him,

0:30:550:30:57

consented to intercourse with him.

0:30:570:31:00

Objection, my Lord. There was no consent.

0:31:000:31:02

Sustained.

0:31:020:31:03

Ms Galbraith, are we going somewhere?

0:31:030:31:07

A question, for instance?

0:31:070:31:08

These bruises could equally have come from consensual force, couldn't they?

0:31:100:31:15

That would not be my conclusion, no.

0:31:150:31:17

But you grant it is possible?

0:31:170:31:19

-Possible.

-Possible.

0:31:240:31:25

Good. Possible.

0:31:250:31:27

She had choice after choice after choice.

0:31:270:31:31

Nothing was forced.

0:31:310:31:32

These pictures do not prove otherwise.

0:31:330:31:36

Miss Brodie, you were the first person to see Miss Hassoun

0:31:570:32:00

when she came back from Hogmanay, am I right?

0:32:000:32:02

Yeah. I was up with my wee girl, Grace.

0:32:020:32:05

She was in a positive frame of mind when she left?

0:32:050:32:08

Yeah, very.

0:32:080:32:09

And when you saw her that morning?

0:32:090:32:12

Not at all, not even close.

0:32:120:32:15

She was, stiff, rigid, like really, really tense.

0:32:150:32:20

Sorry, I'm not describing that very well.

0:32:200:32:23

You're doing fine. Please continue.

0:32:230:32:25

I went in to ask Zinnie if she'd had a good night,

0:32:270:32:30

and she said no.

0:32:300:32:32

She wouldn't tell me why, but...

0:32:320:32:34

..she was...

0:32:350:32:37

She wasn't right.

0:32:370:32:38

Eventually, she said it was to do with Jamie.

0:32:390:32:42

She called the Sexual Assault Referral Centre,

0:32:440:32:48

and we convinced Zinnie to go there and then to the police,

0:32:480:32:52

and, well, you know the rest.

0:32:520:32:54

Thank you, Miss Brodie.

0:32:540:32:56

Grace was three and a half months old on Hogmanay. Is that right?

0:33:070:33:12

Yeah.

0:33:120:33:13

A single mum, feeding through the night, tired...

0:33:130:33:17

tipsy.

0:33:170:33:19

Could you really judge Miss Hassoun's condition that morning?

0:33:190:33:23

I wasn't drunk.

0:33:230:33:24

Oh, I didn't suggest that.

0:33:240:33:25

But you do like a drink?

0:33:250:33:27

So much so that, on the 23rd of December, you judged it fit

0:33:270:33:31

to leave Grace alone while you went out drinking with Miss Hassoun.

0:33:310:33:35

For which you received a police caution for...

0:33:350:33:38

endangering the life of a child.

0:33:380:33:41

Oh, Ms Galbraith. Really?

0:33:410:33:43

Withdrawn, my Lord.

0:33:440:33:46

Miss Brodie, I put it to you

0:33:460:33:48

that you are a poor judge of character and situation.

0:33:480:33:51

This isn't about me.

0:33:510:33:52

No, it's about your judgement, Miss Brodie.

0:33:520:33:55

You will agree that you showed poor judgement,

0:33:550:33:58

leaving Grace to fend for herself at three and a half months?

0:33:580:34:01

-Yes.

-With such poor judgement, can you be a reliable character witness?

0:34:030:34:09

I know what I saw.

0:34:090:34:11

Zinnie was...damaged.

0:34:110:34:13

In your judgement?

0:34:130:34:14

Yes.

0:34:140:34:16

Which was hopelessly flawed in the most serious of circumstances,

0:34:160:34:20

when a child's life was at risk,

0:34:200:34:23

let alone a young man's liberty.

0:34:230:34:25

DOOR OPENS

0:34:390:34:40

You all did really well today.

0:34:410:34:43

Didn't feel like it.

0:34:430:34:44

As emotional as you were,

0:34:440:34:45

you did not allow her to bully you into anything.

0:34:450:34:48

Everyone thinks I'm a prostitute.

0:34:480:34:49

Zinnie, you were strong in there. I'm really proud of you.

0:34:490:34:53

And you as well, Miss Brodie.

0:34:530:34:54

Me? I was rubbish.

0:34:540:34:56

No, you were honest and brave.

0:34:560:34:58

She tore me apart, made me look stupid.

0:34:580:35:01

Not so. Contrary to what she was trying to achieve,

0:35:010:35:03

I think she made you look like you were telling the truth.

0:35:030:35:05

Oh, really? The alcoholic child abuser?

0:35:050:35:08

We all make foolish decisions. Some of us get caught.

0:35:080:35:12

I'll see you in the morning.

0:35:130:35:14

I couldn't have done what you did in there today.

0:35:170:35:21

I didn't have much choice.

0:35:210:35:22

I want to go home.

0:35:240:35:25

Good idea.

0:35:250:35:26

The cadets I have are next to useless! Excuse me.

0:35:310:35:34

Annabelle.

0:35:340:35:35

So? Where do you think we stand?

0:35:350:35:37

I'm cautiously optimistic.

0:35:370:35:38

Galbraith did a pretty good job of making them seem unreliable.

0:35:380:35:41

Ach, we'll see.

0:35:410:35:43

A wee dig here and there at what is plainly solid evidence.

0:35:430:35:45

-She's got nothing of substance.

-You think the jury will see that?

0:35:450:35:48

I'll bring it to their attention. And the photographs, the statement and the SARC report.

0:35:480:35:53

Do you think Zinnie did enough to convince them?

0:35:530:35:55

Thanks.

0:35:560:35:58

-It went OK, didn't it?

-It went OK.

0:36:080:36:10

Miss Hassoun did well.

0:36:100:36:12

But so much of what she said has been undermined.

0:36:120:36:14

That's our strategy. Reasonable doubt is all we need.

0:36:140:36:18

You look concerned.

0:36:190:36:21

You thought she was convincing?

0:36:210:36:23

Yes. And you've got to be just as convincing

0:36:230:36:25

when you're up there tomorrow.

0:36:250:36:27

Were you aggressive in your questioning of her?

0:36:270:36:29

I had to be - her performance was good, things were going her way.

0:36:290:36:33

Might that not push a jury to pity her?

0:36:330:36:36

They'll all know somebody just like Jamie -

0:36:360:36:38

their brother, their partner, their friend.

0:36:380:36:41

If he's a rapist, then the person they know who's just like him could be one.

0:36:410:36:45

That notion scares them, so they dismiss it to protect themselves.

0:36:450:36:48

-Therefore...

-..it must be the girl's fault.

0:36:480:36:51

Jamie said half the jury are women.

0:36:520:36:54

-Should we be concerned about that?

-No.

0:36:540:36:56

It often goes in favour of the accused.

0:36:560:37:00

Miss Hassoun is a prostitute.

0:37:000:37:02

Now go home, don't drink and get a good night's sleep.

0:37:020:37:06

I need you on top form in the morning.

0:37:060:37:08

-Hey.

-Hey.

0:37:170:37:19

So how did it go?

0:37:210:37:23

Well, the advocate seemed happy.

0:37:230:37:26

Don't know why.

0:37:260:37:27

She told us why.

0:37:270:37:28

And you believed her?

0:37:280:37:30

Well, you're just going to have to.

0:37:300:37:32

She'll know what she's talking about, right?

0:37:320:37:35

Mm. So will Jamie's lawyer.

0:37:350:37:37

Somebody's got to lose.

0:37:380:37:40

Can we try and be a bit more positive, please?

0:37:400:37:43

Right, I'm going to have a shower.

0:37:450:37:47

So how bad was it?

0:37:500:37:52

Harrowing.

0:37:530:37:55

I don't know how she did it.

0:37:550:37:57

How can they do that to someone that's been raped?

0:37:570:38:00

And how did Zinnie cope on the stand?

0:38:000:38:03

She dealt with everything they threw at her.

0:38:030:38:06

A pity I let her down.

0:38:060:38:07

Nic, you know that's not true.

0:38:070:38:09

Yes, it is.

0:38:090:38:10

Making a habit of it, amn't I, letting people down.

0:38:100:38:13

How was Grace?

0:38:150:38:16

Great. She's a wee cracker. I loved it.

0:38:160:38:19

Yeah, well, that's cos she knows

0:38:190:38:21

you're not her alcoholic single mum with bad judgement.

0:38:210:38:24

Ah-ah-ah!

0:38:360:38:37

I thought she said no drinking.

0:38:380:38:40

Aye, she did.

0:38:400:38:42

ALEX CLEARS HIS THROAT

0:39:000:39:02

What's wrong? You're like a black cloud.

0:39:020:39:05

I'm just tired. Takes it out you.

0:39:050:39:07

JAMIE SCOFFS

0:39:070:39:09

You weren't even watching.

0:39:110:39:13

Try being the accused.

0:39:130:39:15

JAMIE SIGHS

0:39:180:39:20

Cheers.

0:39:200:39:21

Cheers.

0:39:210:39:23

Why do you think she's doing it?

0:39:260:39:28

-What?

-Putting herself through it.

0:39:290:39:32

Like you said -

0:39:320:39:34

putting herself up there for Galbraith to rip her apart.

0:39:340:39:37

You tell me.

0:39:370:39:38

How would I know?

0:39:380:39:39

You've got as much chance as me knowing, we both had a shot.

0:39:390:39:44

Oh, sorry, yours was a business transaction,

0:39:450:39:48

all above board.

0:39:480:39:49

Yeah, you paid for your shot. Well done(!)

0:39:490:39:52

I was asking, that's all.

0:39:520:39:54

I couldn't tell you, honestly.

0:39:550:39:57

Fine.

0:39:570:39:58

She wasn't even convincing.

0:40:030:40:05

Galbraith seems to think she was.

0:40:060:40:08

Zinnie's just mixed up.

0:40:090:40:11

She knew what it was. I mean, they always do.

0:40:110:40:14

-HE CHUCKLES

-Very enlightened(!)

0:40:140:40:17

Seriously, is it any wonder you're single?

0:40:170:40:19

I'm on my own because that's the way I like it.

0:40:190:40:23

Aye, well, you're answering for this one.

0:40:230:40:25

Are YOU giving ME advice about women?

0:40:290:40:32

You, the sad-sack divorcee holding a torch for his one true love

0:40:340:40:38

while he's shagging escorts?

0:40:380:40:41

You're just as bad as me.

0:40:410:40:43

THAT was out of order.

0:40:430:40:45

Oh, listen to yourself, Alex, sitting on your high horse.

0:40:450:40:48

OK?

0:40:510:40:52

Look, I'm sorry. But just don't lecture me.

0:40:540:40:58

I...am taking the stand tomorrow...

0:40:580:41:01

..and ruining my reputation to try to keep YOU out of jail.

0:41:020:41:07

That entitles me to say what I think.

0:41:090:41:11

KNOCK ON DOOR

0:41:150:41:16

-Hey.

-Hey.

0:41:200:41:22

Nic's making some tea. Do you want one?

0:41:220:41:26

Er, no, I'm going to go to bed in a minute.

0:41:260:41:28

Zinnie...

0:41:310:41:32

..I'm sorry.

0:41:350:41:36

I'm sorry I ever doubted you.

0:41:380:41:40

I feel ashamed.

0:41:420:41:44

I feel like I've made things so much harder for you when...

0:41:470:41:51

when I should have just been a support.

0:41:510:41:53

OK.

0:41:540:41:55

Night.

0:41:560:41:58

Nothing for Zinnie.

0:42:090:42:11

HE SIGHS

0:42:120:42:13

She all right?

0:42:130:42:14

Er, yeah. She's just going to go to bed.

0:42:140:42:17

I'm not surprised.

0:42:170:42:19

Give me it here, I'll feed her.

0:42:200:42:22

Thanks.

0:42:240:42:25

Gabe, do you think could babysit Grace again tomorrow?

0:42:260:42:30

Is Grace not gonnae miss her mum?

0:42:300:42:32

It's just one more day.

0:42:320:42:33

All right, then. I suppose.

0:42:330:42:35

Thanks.

0:42:350:42:37

I'm going to put my jammies on.

0:42:370:42:38

See, if this Galbraith's set her back again...

0:42:400:42:44

Give her time. It wasn't easy for her today.

0:42:440:42:46

Let's hope that she can get over it, eh?

0:42:470:42:50

Cos this one here, she's gonnae need her.

0:42:500:42:52

Right, let's get you fed, eh?

0:42:540:42:56

Hey, gorgeous.

0:42:560:42:57

How's my gorgeous wee girl?

0:42:570:42:59

Mr McAllister...

0:43:560:43:57

..did you understand your relationship with Miss Hassoun to be a transaction?

0:43:590:44:03

-Yes.

-You bought Miss Hassoun for the night?

0:44:040:44:08

-Yes.

-You are separated, a businessman, working long hours.

0:44:080:44:13

She was company at the end of a stressful day?

0:44:130:44:17

I suppose, yes.

0:44:170:44:19

But she began to pester you.

0:44:190:44:21

Turned up at a pub you visited and phoning you.

0:44:210:44:24

Yes. I-I had to ask, um, Miss Ballantyne to intervene.

0:44:260:44:30

And then the phone calls stopped?

0:44:300:44:32

Yes.

0:44:320:44:33

So how did you feel when she turned up as an employee at the bar you own

0:44:330:44:38

and your brother manages?

0:44:380:44:40

Disconcerted. I, um...

0:44:440:44:45

I didn't think it was a coincidence.

0:44:470:44:48

Maybe worried that she was stalking you?

0:44:480:44:52

Was it revenge, for you spurning her?

0:44:520:44:54

Or was she positioning herself for something else?

0:44:540:44:58

Objection, my Lord, this is conjecture.

0:44:580:45:01

Sustained.

0:45:010:45:02

No further questions, my Lord.

0:45:020:45:04

Mr McAllister, Miss Hassoun was paid to have a night out?

0:45:170:45:22

And she liked you?

0:45:220:45:23

Yes. I liked her.

0:45:240:45:28

But you paid Miss Ballantyne an extra £700

0:45:280:45:30

on top of the 300. Why?

0:45:300:45:32

Um...

0:45:330:45:35

Because we had sex and that wasn't covered by the basic fee.

0:45:350:45:39

Did you discuss that with Miss Hassoun?

0:45:390:45:41

No.

0:45:410:45:43

Talking about additional money would have...

0:45:430:45:45

sullied the moment, wouldn't it?

0:45:450:45:47

Something like that.

0:45:480:45:50

Just to be crystal clear -

0:45:500:45:51

on the night in question, did you make ANY sort of agreement

0:45:510:45:55

with Miss Hassoun to pay her for sex?

0:45:550:45:57

No.

0:45:590:46:00

Did you think Miss Hassoun was trying to extort money

0:46:020:46:05

from you or your brother?

0:46:050:46:07

Not that I'm aware of.

0:46:070:46:08

In fact, Miss Hassoun refused your offer of a considerable sum

0:46:080:46:12

back in January, when you tried to pay her to withdraw the charges.

0:46:120:46:16

She wouldn't let you buy her silence.

0:46:160:46:18

It's hardly the actions of a blackmailer.

0:46:210:46:24

What were you scared of?

0:46:240:46:25

This.

0:46:270:46:29

Bringing all of this down on Jamie's head,

0:46:290:46:32

because of my own selfish needs, my own failings.

0:46:320:46:36

Not the fact that your brother might be a rapist?

0:46:360:46:39

Objection, my Lord.

0:46:410:46:42

Sustained.

0:46:420:46:43

The jury will ignore the last question for the Prosecution.

0:46:470:46:51

That meeting was also the time

0:46:590:47:01

that you saw the bruises on Miss Hassoun, true?

0:47:010:47:04

Request permission to approach the witness, my Lord.

0:47:060:47:09

Showing the witness production number 17.

0:47:110:47:14

How would you feel if you saw these on your daughter Jessica's arms?

0:47:180:47:23

Would you accept rough sex as an explanation?

0:47:230:47:26

Has the possibility of your brother being a rapist just crossed your mind?

0:47:270:47:31

No further questions, my Lord.

0:47:360:47:39

My Lord, the Defence requests a short break.

0:47:390:47:41

Right, I need you to calm down.

0:47:450:47:47

Here, have a seat.

0:47:470:47:48

-What are you playing at?

-WHAT THE HELL?!

-Whoa!

0:47:500:47:53

What are you playing at?

0:47:530:47:54

You've just told them I'm guilty.

0:47:540:47:56

I just answered the questions, Jamie. I didn't tell them anything.

0:47:560:48:00

-They know what you think, though, don't they?

-Oh, yes.

0:48:000:48:03

What was that about?

0:48:030:48:04

What do you think?

0:48:050:48:06

I'm on my own, then.

0:48:170:48:18

I'm taking the stand.

0:48:210:48:23

I still think that's a bad idea.

0:48:230:48:24

Any other suggestions?

0:48:240:48:27

No.

0:48:270:48:28

Six to eight years, Alex.

0:48:290:48:32

Six...to eight years.

0:48:320:48:34

I hope you can enjoy them.

0:48:350:48:37

And you were surprised when Miss Hassoun left?

0:48:450:48:48

Yes. I thought we were going back to mine for breakfast.

0:48:480:48:52

And you sent her a text, Crown production number 21.

0:48:520:48:56

"Hey, gorgeous. U want a shift tonight? J x."

0:48:560:49:00

Hardly the words of someone who's ashamed of their actions.

0:49:010:49:04

I, er, wanted to see her again.

0:49:040:49:07

Would you do anything to hurt her?

0:49:070:49:09

I couldn't.

0:49:100:49:12

No more questions, my Lord.

0:49:130:49:15

You like the attention of girls, don't you, Mr McAllister?

0:49:310:49:34

Who doesn't?

0:49:340:49:36

You think you deserve it, because you have a high opinion of yourself, don't you?

0:49:360:49:39

-Not especially.

-Ach, course you do -

0:49:390:49:41

young, handsome, charming, trendy job,

0:49:410:49:45

a way with the ladies... a bit of a catch.

0:49:450:49:47

Well, I don't think of myself in that way.

0:49:480:49:51

Miss Hassoun did.

0:49:510:49:52

And your position as her employer allowed you to exert power over her.

0:49:530:49:58

Objection! Conjecture.

0:49:580:49:59

Sustained.

0:49:590:50:01

We were friends.

0:50:020:50:03

Is that what you told yourself?

0:50:030:50:05

Why would a friend accuse you of rape?

0:50:050:50:07

I honestly don't know.

0:50:070:50:09

I was shocked, I still am.

0:50:090:50:11

I am...not like that.

0:50:110:50:14

What stopped you being friends, changed her opinion of you?

0:50:140:50:17

-I couldn't say.

-Maybe the same thing that changed your brother's opinion of you?

0:50:170:50:21

-Objection!

-Withdrawn.

0:50:210:50:23

Could you tell us how many sexual partners you've had?

0:50:280:50:32

-I don't count.

-Use a word.

0:50:340:50:35

Plenty.

0:50:350:50:37

Just victims to your looks and charm?

0:50:370:50:40

I suppose.

0:50:400:50:42

Oh, so you admit there have been victims?

0:50:420:50:44

No, th-that's not what I meant.

0:50:440:50:45

That's what you said. Seconds ago.

0:50:450:50:47

I put it to you that Miss Hassoun is one of a long line of victims.

0:50:470:50:50

-No. She was a...

-Objection. Conjecture.

0:50:500:50:53

Sustained.

0:50:530:50:54

Can I refer you to Crown production number 26,

0:50:570:51:00

your statement to the police.

0:51:000:51:01

-You say here, "She whispered 'yes' in my ear."

-That's right.

0:51:010:51:05

-And you're quite sure about that?

-I am.

0:51:050:51:07

What else did she say after that?

0:51:070:51:09

I'm sorry. I don't understand.

0:51:100:51:12

It's quite straightforward.

0:51:120:51:13

You're contending that Miss Hassoun said yes.

0:51:130:51:16

Did she say anything else?

0:51:160:51:18

I don't remember.

0:51:210:51:23

That's right.

0:51:230:51:24

Because you told the police,

0:51:240:51:26

"You can't expect me to remember every last detail."

0:51:260:51:29

But you clearly do remember the "yes".

0:51:290:51:31

Miss Hassoun says that,

0:51:340:51:36

though she was initially willing, she changed her mind.

0:51:360:51:39

Do you remember her hesitating at any stage?

0:51:390:51:41

-No, no.

-Really?

0:51:410:51:43

Because, in your statement, you say,

0:51:430:51:45

"After a while, she pulled back, saying it was going too fast."

0:51:450:51:49

Yes, but...

0:51:490:51:50

She did say no, didn't she?

0:51:500:51:51

Well, n-not in that way.

0:51:510:51:53

Not long after she said yes, she was saying no again, wasn't she?

0:51:530:51:56

But she stopped saying no.

0:51:560:51:58

She stopped saying no?

0:52:020:52:05

Mm-hm.

0:52:060:52:08

Did you ever have her consent for what you did?

0:52:080:52:11

No more questions, my Lord.

0:52:190:52:21

DOOR OPENS

0:52:270:52:29

DOOR CLOSES

0:52:300:52:32

HE SIGHS

0:52:320:52:34

HE SNIFFS

0:52:340:52:35

It's time. You ready?

0:53:090:53:12

DOOR OPENS

0:53:230:53:24

They're back.

0:53:260:53:27

Court!

0:54:080:54:10

Please be seated.

0:54:260:54:27

Members of the jury, will your spokesperson please stand?

0:54:340:54:37

Have you reached a verdict?

0:54:400:54:41

Yes, we have.

0:54:410:54:42

What is your verdict in respect of the accused, James McAllister,

0:54:420:54:47

on the charge on the indictment?

0:54:470:54:49

Guilty.

0:54:490:54:50

Is that unanimous or by a majority?

0:54:500:54:53

Unanimous.

0:54:530:54:54

Thank you. Please be seated as I record the verdict.

0:54:540:54:57

Members of the jury, is your verdict correctly recorded as follows?

0:55:050:55:10

"The jury unanimously find the accused, James McAllister,

0:55:100:55:15

"guilty as liabled of the charge on the indictment."

0:55:150:55:18

James McAllister...

0:55:250:55:27

..you have been found guilty of the crime of rape.

0:55:300:55:33

Sentencing will be adjourned

0:55:340:55:36

to allow for a Criminal Justice Social Work Report.

0:55:360:55:41

You will be remanded in custody pending sentencing.

0:55:410:55:45

You can expect a lengthy custodial sentence.

0:55:470:55:50

Please take him down.

0:55:520:55:54

QUIET CHATTER

0:55:540:55:56

Members of the jury, my instructions to you during the trial

0:55:570:56:03

were that the verdict was your responsibility and yours alone.

0:56:030:56:08

It is clear that you took this responsibility seriously

0:56:100:56:15

and arrived at your decision conscientiously.

0:56:150:56:18

I thank you for your public service

0:56:190:56:22

and for your time serving on this jury.

0:56:220:56:25

Guess who turned up today? He's just out of rehab.

0:56:300:56:33

Stevie, I really want you to see him.

0:56:330:56:35

You call what he did to me a MISTAKE?

0:56:350:56:37

Your brother...raped me.

0:56:370:56:40

All I'm asking for is five minutes.

0:56:400:56:43

I really think it would help him.

0:56:430:56:44

I don't want you to go.

0:56:440:56:46

I like you, Tattie, but I won't break up a marriage.

0:56:460:56:50

I telt you to disappear,

0:56:500:56:51

but now you're back, tryin' to worm your way in wi' Stella.

0:56:510:56:54

Stevie!

0:56:540:56:55

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