0:00:39 > 0:00:41Get that done by eight.
0:01:12 > 0:01:15Her first day out of court in five years.
0:01:17 > 0:01:19It's like she's getting married.
0:01:19 > 0:01:21Bang on, Jake. It's bridal.
0:01:59 > 0:02:02"If you can meet with triumph and disaster
0:02:02 > 0:02:05"and treat those two impostors just the same..."
0:02:07 > 0:02:09She got the prize, he didn't.
0:02:09 > 0:02:13It's not going to be easy for him. It's not going to be easy for her, either.
0:02:13 > 0:02:16We need to celebrate the triumph
0:02:16 > 0:02:18and handle the disaster.
0:02:18 > 0:02:21And if we can do that, then we're top class clerks, my son.
0:02:32 > 0:02:34Go on, miss, no-one's looking.
0:02:37 > 0:02:38Is Clive in?
0:03:23 > 0:03:27Yeah, it's court three, second on at ten, sir. Yeah. No problem.
0:03:27 > 0:03:30- Morning, John.- Morning. Shoe Lane. No, Wood Green.
0:03:30 > 0:03:31PHONE RINGS
0:03:31 > 0:03:34Yeah. I don't know, Judge Roberts, I think.
0:03:34 > 0:03:35Phone's ringing, John.
0:03:35 > 0:03:37Shoe Lane.
0:03:39 > 0:03:40Name?
0:03:41 > 0:03:44Shoe Lane. Sorry, can I take your name, please?
0:03:44 > 0:03:49- Yeah. What kind of robbery is it? - Mr J-O-Y.
0:03:49 > 0:03:51Yeah, we can cover that.
0:03:51 > 0:03:52Micky Joy?
0:03:52 > 0:03:55Sorry, go on.
0:03:55 > 0:03:56Bloody hell.
0:03:56 > 0:03:58KNOCK AT DOOR
0:04:01 > 0:04:04When my old man was ill, me and my mum took him to see Ken Dodd.
0:04:04 > 0:04:07Dad was in pain and he couldn't walk more than about ten yards.
0:04:07 > 0:04:10When they opened the doors, we could all see
0:04:10 > 0:04:12that there were about twenty steps to walk up.
0:04:14 > 0:04:17He looked at us and off he went.
0:04:17 > 0:04:19It took him about quarter of an hour.
0:04:19 > 0:04:23Doddy sang Absent Friends at the end of his show, like he always did.
0:04:25 > 0:04:27Still gets me, that song.
0:04:27 > 0:04:29Why are you telling me this?
0:04:29 > 0:04:31Second most moving moment of my life.
0:04:33 > 0:04:35What is it, Billy?
0:04:35 > 0:04:37There's this case just in, miss.
0:04:37 > 0:04:40- Right.- Previous counsel got sacked last night, but the con is booked
0:04:40 > 0:04:45and the solicitor wants to keep it so the client can meet his new brief.
0:04:45 > 0:04:47- Is the trial date fixed?- Wednesday.
0:04:47 > 0:04:49- Who's the solicitor?- Micky Joy.
0:04:52 > 0:04:55- Who's the client?- The Farr family.
0:05:09 > 0:05:11Brendan.
0:05:21 > 0:05:23Sorry, Mister Farr.
0:05:25 > 0:05:26We got you a lady.
0:05:34 > 0:05:37I started playing poker and ran the London Marathon.
0:05:37 > 0:05:40- Sorry?- See you've gone for a Norton.
0:05:40 > 0:05:42I'm 38, Billy. it's hardly midlife.
0:05:42 > 0:05:45- Oh, must be something else. - I just bought a bike.
0:05:45 > 0:05:46Sure, Sure.
0:05:46 > 0:05:48Micky Joy brief.
0:05:48 > 0:05:50Who am I for?
0:05:50 > 0:05:51Brendan Kay.
0:05:51 > 0:05:53First on the indictment. Excellent.
0:05:53 > 0:05:54Ah. You're being led, sir.
0:05:54 > 0:05:57Oh, right. Yeah, of course. Case as big as this, it needs...
0:05:57 > 0:06:00- Martha Costello.- ..silk.
0:06:00 > 0:06:02Technically, until she's been sworn in...
0:06:02 > 0:06:04- Friday.- ..she's not actually in silk.
0:06:04 > 0:06:06This trial is about as heavy as it gets.
0:06:06 > 0:06:08I want someone she can rely on.
0:06:08 > 0:06:10It's going to be hard for her.
0:06:10 > 0:06:12Be nice to her - for me.
0:06:16 > 0:06:18What are these doing here?
0:06:18 > 0:06:22It's junior work. Not you any more, miss.
0:06:22 > 0:06:24None of them have got silk's ticket attached.
0:06:24 > 0:06:26I've had these for months, I know the clients.
0:06:29 > 0:06:30Who to?
0:06:30 > 0:06:34A leading junior with sufficient experience to pick up where you left off.
0:06:34 > 0:06:37- Clive.- Mr Reader would be one way to go, sure.
0:06:38 > 0:06:42Seventeen years, you and him together. You got the prize.
0:06:42 > 0:06:46It's going to be hard for him, miss. Be nice to him, yeah?
0:06:46 > 0:06:48For me.
0:06:52 > 0:06:55You look terrific.
0:06:55 > 0:06:59Not really right for a Cat A legal visit. But thank you.
0:06:59 > 0:07:02Vintage lesbian. It's a good look for you, Martha.
0:07:06 > 0:07:07Who's for Jody Farr?
0:07:07 > 0:07:09Our esteemed Head of Chambers.
0:07:09 > 0:07:10Right.
0:07:11 > 0:07:14Mickey, hi. No, we're outside.
0:07:14 > 0:07:16Nice one. Sweet. We'll be with you in five.
0:07:16 > 0:07:19- Why are you doing that voice? - Bye. What voice?
0:07:19 > 0:07:22"Nice one, sweet." What's that? You used to be yourself, Clive.
0:07:22 > 0:07:24You feeling a bit nervous, Marth?
0:07:24 > 0:07:26No. What do you mean?
0:07:26 > 0:07:29- So, do you want to know, or what?- Go on.- Victim disrespected the Farrs.
0:07:29 > 0:07:31- How?- Car wash.
0:07:31 > 0:07:33He asked Jody Farr to move his Hummer off the pavement.
0:07:33 > 0:07:37That's it? He got blinded for that? Complete stranger?
0:07:37 > 0:07:39Jody can't lose face in public.
0:07:39 > 0:07:43They picked him up walking home, took him to a disused warehouse in King's Cross and did their thing.
0:07:43 > 0:07:47Our man's the, er, the muscle. Extreme violence is...
0:07:47 > 0:07:50what he does.
0:07:50 > 0:07:51Don't worry, I'll look after you.
0:07:53 > 0:07:55Micky. All right, mate? How are you doing?
0:07:55 > 0:07:56- Hi.- Hi.
0:07:57 > 0:08:00One finger in at four o'clock the other at eight. Push in hard, pull and twist.
0:08:00 > 0:08:02Anti-clockwise, then clockwise.
0:08:02 > 0:08:05They don't come out easily because they're designed not to.
0:08:05 > 0:08:08That's why you need the twist as well as the pull.
0:08:08 > 0:08:10Keeping a grip on the eyeball takes a lot of nerve
0:08:10 > 0:08:12cos the sound is a bit disturbing, frankly.
0:08:12 > 0:08:15- It's wet in there and the suction's strong. - Not to mention the screaming.
0:08:15 > 0:08:18You press down on the face with the other hand to get the leverage,
0:08:18 > 0:08:20you can block the mouth, kill two birds.
0:08:20 > 0:08:22Now, doing the second one - that takes courage.
0:08:22 > 0:08:25- Great mitigation. - No-one's pleading.
0:08:25 > 0:08:27It was a joke.
0:08:27 > 0:08:30How do you know so much about pulling out eyeballs?
0:08:30 > 0:08:33NAE served this morning. Prosecution's doctor.
0:08:33 > 0:08:37Puts in all the grim bits so he can open with lots of high-impact horror for the jury.
0:08:37 > 0:08:40The silk prosecuting asked for the detail, apparently.
0:08:40 > 0:08:43A long way back for us from an opening like that.
0:08:43 > 0:08:46- Who's prosecuting?- Lady Macbeth.
0:08:53 > 0:08:56There's a verbal. From Brendan Kay.
0:08:56 > 0:08:58Don't tell me. Back of the squad car?
0:08:58 > 0:09:00"I did it. It was me."
0:09:00 > 0:09:01It's pathetic.
0:09:01 > 0:09:05- Did you apply for silk last time round?- No.
0:09:05 > 0:09:07Go on through.
0:09:16 > 0:09:19- What's he saying, our man? - He wasn't there.
0:09:19 > 0:09:21- And Jody Farr? - He really wasn't there.
0:09:24 > 0:09:25OK, come through.
0:09:29 > 0:09:30He's all yours.
0:09:39 > 0:09:41Trace of victim's blood on one of our boots.
0:09:41 > 0:09:45Clive. And how are we saying it got there?
0:09:45 > 0:09:48Two possibles - police fit up. They put it there.
0:09:48 > 0:09:53There's a break in continuity with the exhibit, so maybe we can exploit that.
0:09:53 > 0:09:58- Or?- Victim was found blundering eyeless round the back of King's Cross in the middle of the night.
0:09:58 > 0:10:01Took the hospital 18 hours to get him stable enough to talk to Old Bill.
0:10:01 > 0:10:06During which time our man was walking round King's Cross minding his own business,
0:10:06 > 0:10:09- and trod on some eye-socket blood. - I'm liking fit-up better.
0:10:09 > 0:10:13- And is the blood on just us? - It's not on Jody.
0:10:14 > 0:10:18- And who found the victim? - Police following a 999 call.
0:10:18 > 0:10:19From?
0:10:19 > 0:10:22No name, phone box. King's Cross is coming up in the world,
0:10:22 > 0:10:25but the wee small hours on Goods Way are still a bit underbelly.
0:10:25 > 0:10:31And just say the defendants were part of a big crime family,
0:10:31 > 0:10:33where would Jody Farr be in the hierarchy?
0:10:33 > 0:10:35He would be the number two.
0:10:35 > 0:10:36KEYS JANGLE, DOOR IS UNLOCKED
0:10:36 > 0:10:38This is saying hello. Don't push him.
0:10:38 > 0:10:40He doesn't do well with pressure.
0:10:54 > 0:10:56Do you have to stand so close?
0:10:56 > 0:10:57Yes.
0:11:07 > 0:11:11I want you to put behind you whatever happened with your previous counsel.
0:11:11 > 0:11:14Johnny Gibby.
0:11:14 > 0:11:18He's gone. I'm here to fight your corner, now.
0:11:22 > 0:11:25The evening of the 24th of June - where were you?
0:11:30 > 0:11:33Watching television...at home.
0:11:39 > 0:11:41All evening?
0:11:43 > 0:11:44What were you watching?
0:11:48 > 0:11:51Taking a full proof of evidence tomorrow.
0:11:51 > 0:11:53'So the old Radio Times alibi, then.'
0:11:53 > 0:11:56Evening of June the 24th, what were you doing? You don't know. Of course you don't.
0:11:56 > 0:12:00It's just a date like any other date. Unless you were giving birth or swimming the channel.
0:12:00 > 0:12:02- Or plucking out somebody's eyes. - Exactly.
0:12:02 > 0:12:05Innocent people find it hard to sort out an alibi.
0:12:05 > 0:12:07- We haven't served an alibi notice. - No.
0:12:07 > 0:12:09What, so we're getting a witness or two together first
0:12:09 > 0:12:11- to corroborate what we haven't yet said?- Precisely.
0:12:11 > 0:12:13What about the confession evidence?
0:12:13 > 0:12:15You know, I've been at this job for 30 years
0:12:15 > 0:12:18and my total loathing for the police hasn't changed one little bit.
0:12:18 > 0:12:22It's deep and it's savage. Why?
0:12:22 > 0:12:24Because the Government can slash legal aid,
0:12:24 > 0:12:28knowing that the public will wear it.
0:12:28 > 0:12:31The people don't care, so the politicians don't need to.
0:12:31 > 0:12:33Eh?
0:12:34 > 0:12:39Money's tight boys, work is scarce and clerking just gets tougher.
0:12:39 > 0:12:42So we mind less about who we get into bed with?
0:12:42 > 0:12:45PHONE RINGS
0:12:45 > 0:12:47Ah! Micky...
0:12:47 > 0:12:50- Hello, mate. How are you...?- Hello.
0:12:50 > 0:12:51I'm the new junior clerk.
0:12:51 > 0:12:54Bethany. Boys, this is Bethany.
0:12:54 > 0:12:56Show her everything you know, Jakey-boy.
0:12:56 > 0:12:58Yeah.
0:12:58 > 0:13:00She's got more brains than Marilyn.
0:13:00 > 0:13:03- Yeah, and fewer curves, yeah! - HE CHUCKLES
0:13:03 > 0:13:04Ta-ta.
0:13:05 > 0:13:08The whole point of Micky Joy is he fights everything.
0:13:08 > 0:13:12If you get nicked, you know what you're getting from Uncle Micky.
0:13:12 > 0:13:15And, in this day and age, we need some of his cast iron,
0:13:15 > 0:13:19guaranteed not to crack, heavyweight trials, coming to us.
0:13:19 > 0:13:23I mean, have you seen what your shiny new silk has got in her diary?
0:13:23 > 0:13:26Pages and pages of nothing.
0:13:26 > 0:13:30So, don't you dare look at me like that.
0:13:32 > 0:13:35You have to make sure there's toilet roll in the toilet all the time.
0:13:35 > 0:13:37So, when there isn't much left in the toilet,
0:13:37 > 0:13:39you have to move it from here to the toilet
0:13:39 > 0:13:42and when it starts getting low in here,
0:13:42 > 0:13:44you have to go to Billy and ask for money from petty cash,
0:13:44 > 0:13:47er, for more toilet roll and...
0:13:47 > 0:13:49then...
0:13:49 > 0:13:51then you go and buy it.
0:13:53 > 0:13:55Here's the actual toilet.
0:13:55 > 0:13:57So...
0:13:58 > 0:13:59..not far.
0:13:59 > 0:14:01Your case load just doubled.
0:14:01 > 0:14:03These are all yours.
0:14:03 > 0:14:06I'll get Miss Costello to call the solicitors and talk you up.
0:14:06 > 0:14:08Oh, and, er, one of your own.
0:14:08 > 0:14:13Solicitor's at court - very right on. Name of George Duggan.
0:14:17 > 0:14:20SHOUTS: George Duggan?
0:14:20 > 0:14:22Hello.
0:14:23 > 0:14:24Yeah? Hello?
0:14:24 > 0:14:26George Duggan.
0:14:26 > 0:14:28Oh, sorry, I thought you were a man!
0:14:28 > 0:14:30Well, I'm not.
0:14:30 > 0:14:31No, you're not.
0:14:31 > 0:14:33She was drunk and hysterical.
0:14:33 > 0:14:36A bottle got broken when they tried to take it away from her.
0:14:36 > 0:14:37That's what all the family are saying.
0:14:37 > 0:14:39The brother tried to calm her down -
0:14:39 > 0:14:41she lashed out at him with the broken bottle -
0:14:41 > 0:14:44the jagged edge cut the artery in his neck wide open.
0:14:44 > 0:14:46He bled to death.
0:14:46 > 0:14:48She had an incredibly high alcohol reading.
0:14:48 > 0:14:50Doesn't feel right, does it?
0:14:55 > 0:14:58Yeah, I know, but, well, Clive is...
0:15:00 > 0:15:02Yeah, charming.
0:15:02 > 0:15:06Charming's a good word. He's a charming...
0:15:06 > 0:15:07lawyer.
0:15:09 > 0:15:10'I don't know how to put this'
0:15:10 > 0:15:14because there's not much I can do about it but...
0:15:14 > 0:15:15I'm sorry I'm a man.
0:15:17 > 0:15:19I know this is hard for you.
0:15:20 > 0:15:23Nothing's going to happen today.
0:15:23 > 0:15:25We want to wait and make a bail application
0:15:25 > 0:15:28when we know more about the evidence against you.
0:15:28 > 0:15:30Here's a promise...
0:15:30 > 0:15:31I'm going to be here for you throughout.
0:15:31 > 0:15:34This is the only time you'll have to meet a barrister for the first time.
0:15:34 > 0:15:37George, here, will be with us every step of the way.
0:15:39 > 0:15:41Do you know what I hate?
0:15:41 > 0:15:42What?
0:15:42 > 0:15:43All religion.
0:15:43 > 0:15:46And, next to religion, tolerance of religion.
0:15:46 > 0:15:47Absolutely.
0:15:47 > 0:15:49Tolerance is SO overrated(!)
0:15:49 > 0:15:51Do you want to go for a quick fuck? Drink? Jesus.
0:15:51 > 0:15:53THEY LAUGH Sorry!
0:16:09 > 0:16:11Could I speak to Johnny Gibby, please?
0:16:11 > 0:16:14Oil, oil, oil. It's always about oil.
0:16:14 > 0:16:17It always has been, it always will be! Sorry.
0:16:18 > 0:16:21I still get really angry talking about Iraq.
0:16:24 > 0:16:25The thing about Miss Costello, Micky,
0:16:25 > 0:16:27is she'll give you blood, sweat
0:16:27 > 0:16:29and every other bit of Winston Churchill there is.
0:16:29 > 0:16:32You're in charge here, right? I mean, your people are your people.
0:16:32 > 0:16:35- Course.- I need that.
0:16:39 > 0:16:41Were you sacked or did you jump?
0:16:46 > 0:16:48Thanks, Johnny.
0:16:51 > 0:16:53MOBILE PHONE BUTTONS BEEPING
0:17:02 > 0:17:05Nearly a million people - a million! And they still didn't listen.
0:17:05 > 0:17:08I went because I wanted to see who THEY all were.
0:17:10 > 0:17:11Oh, what d'you... What d'you mean?
0:17:11 > 0:17:14All those people who felt so strongly about keeping a genocidal,
0:17:14 > 0:17:16women-hating, medieval torturer in power.
0:17:16 > 0:17:19The left really surpassed itself that day.
0:17:19 > 0:17:23- But I thought...?- Don't pigeonhole me, that's just lazy.
0:17:23 > 0:17:25I want better than that.
0:17:26 > 0:17:28Oh, by the way...
0:17:28 > 0:17:31the answer...to the question that you pretended to ask me
0:17:31 > 0:17:35COMPLETELY by accident outside court today...
0:17:35 > 0:17:37No.
0:17:38 > 0:17:41But thanks for the drinks.
0:17:51 > 0:17:52You didn't answer your phone.
0:17:52 > 0:17:55- Didn't hear it.- Senior clerks have an extra lung
0:17:55 > 0:17:57and you feel its every breath.
0:17:57 > 0:18:00PHONE RINGS
0:18:00 > 0:18:01Spit it out, miss.
0:18:01 > 0:18:03Get Brendan in for mention tomorrow.
0:18:03 > 0:18:05It's seven o'clock at night.
0:18:05 > 0:18:08- Well, ring up one of your buddies in the list office and get it on.- Why?
0:18:08 > 0:18:10Cat A prison security is oppressive -
0:18:10 > 0:18:14get him to court and talking, it's a lot easier.
0:18:14 > 0:18:16And don't tell Micky about the mention.
0:18:16 > 0:18:17What?
0:18:17 > 0:18:19Just don't.
0:18:24 > 0:18:26It's in for mention tomorrow.
0:18:26 > 0:18:29Well, I don't have to be there, do I?
0:18:29 > 0:18:32Two counsel for a mention?
0:18:32 > 0:18:36I've got a con in a very sensitive case with, erm, with George, here.
0:18:36 > 0:18:38What time?
0:18:38 > 0:18:40- Ten.- Ten.
0:18:40 > 0:18:43So we need Brendan listed not before 12.
0:19:13 > 0:19:14Brendan's mention.
0:19:14 > 0:19:16Not before 12.
0:19:46 > 0:19:48This is the silk robing room.
0:19:48 > 0:19:49Yes.
0:19:49 > 0:19:52Oh, I'm sorry.
0:19:52 > 0:19:55- You look...- 20 years younger than you.
0:20:00 > 0:20:03Proper women at the Bar need to stick together. CW.
0:20:04 > 0:20:05Martha Costello.
0:20:05 > 0:20:08Ah, you're for Brendan Kay, I'm prosecuting you.
0:20:09 > 0:20:11They call you Lady Macbeth.
0:20:11 > 0:20:14- D'you know that? - Oh, don't say that name in here.
0:20:14 > 0:20:16I thought that was only actors in theatres?
0:20:16 > 0:20:19What do you think this is? Who do you think we are?
0:20:19 > 0:20:21- PA SYSTEM:- Caroline Warwick and Martha Costello of counsel,
0:20:21 > 0:20:23please come to court two immediately,
0:20:23 > 0:20:25- where the judge is waiting.- Sweetie.
0:20:25 > 0:20:27Screw your courage to the sticking place.
0:20:27 > 0:20:30Pop to court and tell the old bugger we'll be with him in five minutes.
0:20:30 > 0:20:32- What?- Just tell him I'm menopausal,
0:20:32 > 0:20:35- I'm far too pissed off to talk to him right now.- Is that true?
0:20:35 > 0:20:38Oh, God, no! I'm gasping for a fag and so are you.
0:20:38 > 0:20:41We have to lean out the window or the smoke alarm goes off
0:20:41 > 0:20:44and you get arrested for passive manslaughter, or something.
0:20:54 > 0:20:57I'm not planning on having a menopause. You?
0:20:57 > 0:20:59I'm 37.
0:20:59 > 0:21:00Kids?
0:21:01 > 0:21:03Going to?
0:21:03 > 0:21:05- Not sure.- Abortions?
0:21:05 > 0:21:08No, none.
0:21:08 > 0:21:11Time speeds up, you know.
0:21:11 > 0:21:12Don't stay "not sure" too long.
0:21:12 > 0:21:14You can't control who you fall in love with.
0:21:14 > 0:21:16Of course you can, men are all children!
0:21:16 > 0:21:19Pick one, make sure he knows you'll listen to everything he says
0:21:19 > 0:21:20and he'll fall in love with you.
0:21:22 > 0:21:24By the way...
0:21:24 > 0:21:27other women at the Bar have felt betrayed by me.
0:21:27 > 0:21:31That's because I'm sisterly out of court...
0:21:31 > 0:21:33and vicious in court.
0:21:33 > 0:21:34Just so you know.
0:21:34 > 0:21:36Won't be personal.
0:21:43 > 0:21:45So sorry, Your Honour.
0:21:45 > 0:21:49My learned friend needed some time - it's her first day.
0:21:49 > 0:21:51Silk will buy you most things, Miss Costello,
0:21:51 > 0:21:54but not the patience of judges.
0:21:54 > 0:21:56- Why are we here?- Length of trial.
0:21:56 > 0:21:58It's listed for five days?
0:21:58 > 0:22:00I think it could run on longer.
0:22:00 > 0:22:02Diaries, Ladies. Mr Clerk?
0:22:05 > 0:22:08You know it's empty. So why get it out?
0:22:10 > 0:22:12THE CLERK WHISPERS
0:22:12 > 0:22:14Trial date has to stay where it is.
0:22:14 > 0:22:17We'll all just have to talk more quickly.
0:22:17 > 0:22:19All rise.
0:22:19 > 0:22:23So nice to see you again, Ms Warwick.
0:22:23 > 0:22:25May I say, you look younger every day.
0:22:25 > 0:22:27Calves' liver and milk for the skin, my Lord,
0:22:27 > 0:22:29fish oil for the brain,
0:22:29 > 0:22:31cross examination of guilty men for the soul!
0:22:35 > 0:22:38If you have a minute, you might mention to your Senior Clerk
0:22:38 > 0:22:41that my diary goes deep into next year.
0:22:41 > 0:22:42Are you looking to move?
0:22:42 > 0:22:45Well, I'm bloody lonely! I want a friend...
0:22:45 > 0:22:46and I like the look of you.
0:22:46 > 0:22:48Are you, erm...?
0:22:48 > 0:22:51Do I swim in The Ladies Pond?
0:22:51 > 0:22:53THEY GIGGLE
0:22:54 > 0:22:55Some of the time.
0:22:56 > 0:22:59I've got to go down and see my man.
0:22:59 > 0:23:00Without a solicitor?
0:23:02 > 0:23:04How very interesting, Martha Costello.
0:23:05 > 0:23:08Was Mr Joy at the police station?
0:23:09 > 0:23:10Yeah.
0:23:10 > 0:23:12He gave you advice?
0:23:14 > 0:23:17Did he tell you what to say to the police in interview?
0:23:17 > 0:23:18No comment.
0:23:18 > 0:23:20I thought as much.
0:23:22 > 0:23:24And what do you know about Jody Farr?
0:23:24 > 0:23:26No comment.
0:23:26 > 0:23:28Right, er...
0:23:28 > 0:23:29This is not...
0:23:29 > 0:23:31OK.
0:23:34 > 0:23:35What do the Farr family do?
0:23:37 > 0:23:38They look after me.
0:23:39 > 0:23:41And what else do they do?
0:23:42 > 0:23:44Brendan?
0:23:46 > 0:23:48Between you and me...
0:23:50 > 0:23:53What happened with Johnny Gibby?
0:23:53 > 0:23:55I told him the wrong thing.
0:23:57 > 0:24:00And who said it was the wrong thing?
0:24:00 > 0:24:01Micky?
0:24:01 > 0:24:02Jody Farr?
0:24:02 > 0:24:04KNOCKING ON BARS
0:24:04 > 0:24:06- I've got it, Brendan.- No!
0:24:06 > 0:24:08- No, that's not what I meant. - It's all right.
0:24:08 > 0:24:11- It's not what I meant!- It's fine. - No, no, no...!
0:24:11 > 0:24:13SHOUTS: Sit down! Sit down!
0:24:13 > 0:24:16All right, all right! I'm fine, I'm fine!
0:24:16 > 0:24:18BRENDAN GROWLS
0:24:18 > 0:24:19Will you get off him?!
0:24:19 > 0:24:21BRENDAN GROANS
0:24:21 > 0:24:23Keep the hell out of this!
0:24:23 > 0:24:25Brendan, Brendan, Brendan, shh, shh.
0:24:25 > 0:24:27- Shh, shh, Brendan. - BRENDAN SOBS
0:24:27 > 0:24:29- Shh, shh, shh.- Oh!- Calm down.
0:24:29 > 0:24:31- Oh-h...- It's OK.
0:24:31 > 0:24:32It's OK.
0:24:35 > 0:24:37I think you can let him go now, don't you?
0:24:37 > 0:24:39On your own?
0:24:39 > 0:24:41What the hell are you doing?
0:24:44 > 0:24:45Anyway.
0:24:45 > 0:24:46Thank you.
0:24:46 > 0:24:51- What for?- For minding, I suppose. - Of course I bloody well mind!
0:24:51 > 0:24:54Micky Joy is the biggest criminal solicitor in London,
0:24:54 > 0:24:57this is our one shot at landing him and, look, suddenly you're doing his job for him?
0:24:57 > 0:24:59Maybe it's to stop him doing our job for us.
0:24:59 > 0:25:01Just get real, will you?
0:25:01 > 0:25:04No, I will not "get real"!
0:25:04 > 0:25:06- The thing about Brendan... - Why are you calling him Brendan?
0:25:06 > 0:25:08He's 20 stone, six foot seven...
0:25:08 > 0:25:11- Every client's a surname but not this one. Why?- Because I think he's a child
0:25:11 > 0:25:15and if that's true why hasn't the BIGGEST solicitor in London got a psychiatric report done?!
0:25:15 > 0:25:17- Because we're running alibi. - We don't know that!
0:25:17 > 0:25:20Come on, Martha, Micky will get us the instructions we need.
0:25:20 > 0:25:22That's the way of the world.
0:25:22 > 0:25:24I feel bullied and I don't like it.
0:25:25 > 0:25:27And, anyway, it's having a note-taker to cover you
0:25:27 > 0:25:30that matters, not whether the solicitor's in there.
0:25:30 > 0:25:32- So, if you'd have BEEN here...!- Note-taker?
0:25:32 > 0:25:36- Oh, sorry...- Jesus Christ, Martha. - Came out wrong, sorry!- Note-taker?
0:25:39 > 0:25:40Sorry!
0:25:41 > 0:25:45Micky Joy, George Duggan - both big hitters, both briefing us.
0:25:45 > 0:25:48- Exclusively?- Not yet but I'm onto it.
0:25:48 > 0:25:51- I want to talk to you about what you're on.- OK.
0:25:51 > 0:25:53John, as fees clerk, he does the money,
0:25:53 > 0:25:57leaving you free to serenade solicitors and look after all of us.
0:25:57 > 0:25:59Well, that's an interesting idea, sir.
0:25:59 > 0:26:01It's a bit more than an idea, Billy.
0:26:07 > 0:26:09What's going on? What? You don't know?
0:26:09 > 0:26:11Or you do know? Which?
0:26:12 > 0:26:14It was just a mention.
0:26:14 > 0:26:16I was at the prison to take a proof from my client who wasn't there!
0:26:16 > 0:26:18And they all had a very big laugh at my expense,
0:26:18 > 0:26:21saying didn't I know my client had escaped.
0:26:21 > 0:26:23Big bloody joke and me looking like a tosser!
0:26:23 > 0:26:26- We didn't know...- Don't like "don't know"! I want a clerk who knows.
0:26:26 > 0:26:29There is only one hymn sheet, it is mine.
0:26:29 > 0:26:31I give it to you and you make totally bloody sure
0:26:31 > 0:26:35it's Onward Christian Soldiers that everyone is singing! You got it?
0:26:43 > 0:26:44That's normal.
0:26:47 > 0:26:48Billy.
0:26:52 > 0:26:56You're the money now, John. I'll take care of the talent.
0:27:01 > 0:27:02Brendan needs a new solicitor.
0:27:02 > 0:27:07- Why?- Because Micky Joy is filthy dirty cosy with the Farr family.
0:27:07 > 0:27:08Is he?
0:27:09 > 0:27:12You think Jody Farr and Micky don't talk?
0:27:12 > 0:27:14Do you think they don't have big talks
0:27:14 > 0:27:17about big Brendan and his role in all this?
0:27:17 > 0:27:18Excuse me, Jake.
0:27:23 > 0:27:26You're a brilliant clerk, Billy...
0:27:26 > 0:27:31but being a brilliant clerk means that you forfeit one or two basic human qualities
0:27:31 > 0:27:32and one of those is innocence.
0:27:32 > 0:27:35- So don't bullshit me, it's embarrassing.- Brendan...
0:27:35 > 0:27:40Brendan feels, to me, like he might just be dispensable to the Farrs
0:27:40 > 0:27:41and he's my client.
0:27:43 > 0:27:45- Different solicitor for Brendan? - Has to be.
0:27:47 > 0:27:50Do you know how much trouble we're in?
0:27:50 > 0:27:52If you drop Micky, he'll drop us
0:27:52 > 0:27:54and this set will be in real danger of going under.
0:27:54 > 0:27:56My duty is to my client.
0:27:56 > 0:27:59You won't have any clients if you don't get real!
0:28:01 > 0:28:03- What did you say?- Get REAL!
0:28:05 > 0:28:07- Have you been talking to Clive?- What?!
0:28:07 > 0:28:08I wouldn't do that.
0:28:11 > 0:28:12Look...
0:28:13 > 0:28:15Help me out here.
0:28:17 > 0:28:21Who goes to prison for the rest of his life if I lose?
0:28:21 > 0:28:22Not Micky Joy.
0:28:22 > 0:28:23Brendan is being used -
0:28:23 > 0:28:25I can smell it, I can feel it and so can you.
0:28:25 > 0:28:28Look, I don't like being used. How about you?
0:28:28 > 0:28:31- He's not you.- Yes, he is!
0:28:32 > 0:28:35Until the jury come back with their verdict, he's me, I'm him.
0:28:35 > 0:28:37Nobody in-between.
0:28:39 > 0:28:40So, er...
0:28:42 > 0:28:43..what's he, er...
0:28:43 > 0:28:47what's he doing? Brendan? What's he...saying?
0:28:54 > 0:28:55PHONE RINGS
0:28:55 > 0:28:56You'd better get that.
0:29:03 > 0:29:04Yeah, I'm on my way.
0:29:04 > 0:29:06Give him my regards.
0:29:17 > 0:29:19What's the evidence like against Jody Farr?
0:29:19 > 0:29:20We're in with a decent shout.
0:29:20 > 0:29:22Brendan Kay?
0:29:22 > 0:29:25Well, he coughed and he's got the blood on his boots. Why?
0:29:31 > 0:29:34Ah, walk with me.
0:29:34 > 0:29:35Jake? Go away.
0:29:37 > 0:29:40Mr Cowdrey's been working hard.
0:29:40 > 0:29:42Kate's gone,
0:29:42 > 0:29:45Nick and the lovely Niamh - both gone.
0:29:45 > 0:29:48You've got to admire his...
0:29:48 > 0:29:51ruthlessness vis-a-vis the lancing of boils.
0:29:51 > 0:29:54I'm his confidante, sir.
0:29:54 > 0:29:58Head of Chambers and Senior Clerk - it's a special relationship.
0:29:59 > 0:30:03And I think I know the next question he's going to ask himself...
0:30:03 > 0:30:05"Who else was it, behaving badly?"
0:30:08 > 0:30:09What do you want?
0:30:09 > 0:30:12I hear Brendan Kay is not the brightest.
0:30:12 > 0:30:17Maybe he should be told once again the strength of evidence against him.
0:30:18 > 0:30:20Plead guilty?
0:30:20 > 0:30:23You're the lawyer, sir. I couldn't possibly say.
0:30:27 > 0:30:29Later, sir.
0:30:34 > 0:30:37If the Farr family were a major criminal enterprise,
0:30:37 > 0:30:40making millions and millions importing heroin
0:30:40 > 0:30:44- through three different London embassies...- What is it, Billy?
0:30:44 > 0:30:46Would the lights go out if Brendan Kay
0:30:46 > 0:30:49spent the rest of his life inside?
0:30:50 > 0:30:51No.
0:30:53 > 0:30:56How would everybody feel if Brendan took the hit for this?
0:30:56 > 0:30:57Everybody?
0:30:57 > 0:30:59Jody, the family...
0:31:00 > 0:31:01..you?
0:31:01 > 0:31:03Is that what's happening?
0:31:03 > 0:31:06That's me reading between the lines, and I've known her for 17 years
0:31:06 > 0:31:09and I'm good at reading between her lines.
0:31:10 > 0:31:13I'd have to withdraw from representing Brendan.
0:31:13 > 0:31:14Er, yeah...
0:31:16 > 0:31:17..I suppose you would.
0:31:17 > 0:31:20Leaving you to manage Martha Costello.
0:31:20 > 0:31:24He'll plead...and Jody will walk?
0:31:25 > 0:31:28- I'd put my mortgage on it. - What about your balls?
0:31:29 > 0:31:31Would you put them on it?
0:31:43 > 0:31:46So who do we go for as a replacement solicitor?
0:31:46 > 0:31:47George Duggan?
0:31:48 > 0:31:52She's fearless, principled and, from a chambers point of view,
0:31:52 > 0:31:54it'd be good idea to give her some work.
0:31:54 > 0:31:56You know, if we scratch her back she might, erm, scratch ours.
0:31:56 > 0:31:58Great.
0:31:58 > 0:32:00Have you got her number?
0:32:00 > 0:32:02Yeah, I'll call her.
0:32:02 > 0:32:03Great.
0:32:04 > 0:32:06Are you sleeping with her?
0:32:06 > 0:32:08What? No!
0:32:08 > 0:32:10Blimey, Marth.
0:32:10 > 0:32:13Never a good idea to sleep with a professional colleague.
0:32:44 > 0:32:46We're just going to pop down to say hello.
0:32:49 > 0:32:50Right.
0:32:52 > 0:32:54We need very clear instructions.
0:32:54 > 0:32:57We're just going to deal in the truth now, Brendan.
0:32:57 > 0:32:58Can I call you Brendan?
0:33:00 > 0:33:02OK.
0:33:02 > 0:33:06Back of the police car, "I did it. It was me."
0:33:06 > 0:33:08Did you say it?
0:33:46 > 0:33:47OK?
0:33:47 > 0:33:50The verbal...he said it.
0:34:07 > 0:34:08Let's hear it.
0:34:08 > 0:34:12June 24th, what did you watch? Go.
0:34:12 > 0:34:14EastEnders at eight.
0:34:14 > 0:34:16Did anything interesting happen?
0:34:16 > 0:34:18Not really.
0:34:18 > 0:34:20And did you stay with BBC One after that?
0:34:20 > 0:34:21Question Of Sport.
0:34:21 > 0:34:23That's in the Radio Times, isn't it?
0:34:23 > 0:34:24Yeah.
0:34:24 > 0:34:27Well, none of that went out on BBC One.
0:34:27 > 0:34:29Andy Murray's match at Wimbledon started late
0:34:29 > 0:34:31so they stayed with that all evening until ten.
0:34:31 > 0:34:34EastEnders and all those nice sports people in shirts,
0:34:34 > 0:34:36they all got shunted to BBC Two, Brendan.
0:34:36 > 0:34:39See, I think you'd remember that, wouldn't you?
0:34:39 > 0:34:41Yeah, alibi doesn't work, does it?
0:34:41 > 0:34:42Because it isn't true.
0:34:42 > 0:34:44BRENDAN WHIMPERS
0:34:44 > 0:34:46No, no, no. Don't get angry.
0:34:46 > 0:34:48It's fine.
0:34:48 > 0:34:49Trust me.
0:34:50 > 0:34:52I know what you have to do.
0:34:55 > 0:34:56OK.
0:34:56 > 0:34:58I'll be back in a minute.
0:35:09 > 0:35:11Confession evidence stays in.
0:35:11 > 0:35:13The blood on the boots, the blood on the Hummer -
0:35:13 > 0:35:15it's all slam-dunk forensics.
0:35:15 > 0:35:17Lady Macbeth would tear the alibi to shreds.
0:35:19 > 0:35:21Well, it sort of looks like we're going to have to face up...
0:35:21 > 0:35:23You're not getting it, are you?
0:35:23 > 0:35:25He's terrified of them.
0:35:25 > 0:35:27The Farrs?
0:35:27 > 0:35:29He'll do anything they ask of him.
0:35:29 > 0:35:30Oh, my God.
0:35:31 > 0:35:32Duress?
0:35:32 > 0:35:34It has to be.
0:35:34 > 0:35:36- But I thought...- What did you think?
0:35:36 > 0:35:38Run duress?
0:35:38 > 0:35:40Cut his throat?
0:35:41 > 0:35:43- COURT CLERK:- All rise.
0:35:56 > 0:35:57Pleading?
0:35:58 > 0:36:01Where did you get that idea?
0:36:04 > 0:36:06Can I take instructions, my Lord?
0:36:09 > 0:36:10Five minutes.
0:36:10 > 0:36:12Thank you.
0:36:21 > 0:36:24Duress is incredibly difficult to run.
0:36:24 > 0:36:27The threat has to be immediate, significant and real.
0:36:27 > 0:36:29Do you understand?
0:36:32 > 0:36:36It's no good saying, "I was told to beat him up," in a week's time
0:36:36 > 0:36:39knowing that, "if I didn't they'd hurt me." See, that isn't duress.
0:36:39 > 0:36:41There's nothing to stop you from going to the police,
0:36:41 > 0:36:45the threat isn't immediate, it's...
0:36:45 > 0:36:47There's a way out. Do you see?
0:36:48 > 0:36:49Shall we do this?
0:36:50 > 0:36:52Brendan?
0:36:55 > 0:36:59Now, it's very important that you don't talk to anyone.
0:37:07 > 0:37:10He says yes to you just like he says yes to the police and yes to the Farrs.
0:37:10 > 0:37:15- What's the difference, Martha? - Look, I am in direct conflict with Jody Farr, Micky Joy, Alan Cowdrey
0:37:15 > 0:37:17and I don't even know if I can trust Billy on this.
0:37:17 > 0:37:19They're all very big grown-ups
0:37:19 > 0:37:22and I REALLY can't handle it if I have to add you to that list, Clive.
0:37:22 > 0:37:23This isn't about you, it's about him!
0:37:23 > 0:37:27Come on, you really want a big lunk like that to grass up the Farrs?
0:37:27 > 0:37:28Are you scared of them?
0:37:30 > 0:37:32I need you.
0:37:34 > 0:37:36I'm with you.
0:37:40 > 0:37:45My job was to guide cars in and make sure nobody blocked pedestrians.
0:37:46 > 0:37:50The Hummer was right across the pavement, people couldn't get past.
0:37:50 > 0:37:52There's a big sign.
0:37:52 > 0:37:55Did you do or say anything?
0:37:55 > 0:37:59The windows were all darkened glass. I couldn't see in.
0:37:59 > 0:38:01I tapped on the window - it was open a little.
0:38:02 > 0:38:04Could you see inside?
0:38:04 > 0:38:05Not really.
0:38:07 > 0:38:11I asked them to move back off the pavement.
0:38:11 > 0:38:12They ignored me.
0:38:13 > 0:38:15I banged on the window again.
0:38:15 > 0:38:19I wasn't going to be treated like this, just doing my job.
0:38:19 > 0:38:22Some of my colleagues came out to watch.
0:38:22 > 0:38:24They were all standing watching.
0:38:25 > 0:38:28And did the Hummer move?
0:38:28 > 0:38:29No.
0:38:30 > 0:38:32Somebody in the back said,
0:38:32 > 0:38:36"Thank you for your advice. What's your name?"
0:38:36 > 0:38:39- Did you tell them?- Yes.
0:38:39 > 0:38:40Then what?
0:38:41 > 0:38:46They drove in, the vehicle was washed, nobody got out.
0:38:46 > 0:38:47They paid and left.
0:38:47 > 0:38:49What time did you go home that night?
0:38:49 > 0:38:51Late.
0:38:51 > 0:38:53I was on the two-till-ten shift.
0:38:54 > 0:38:56What happened, Mr Storey?
0:38:56 > 0:38:58They jumped me.
0:38:59 > 0:39:03They blindfolded me and put me in the boot of the Hummer.
0:39:03 > 0:39:06How do you know it was the Hummer, if you were blindfolded?
0:39:06 > 0:39:11I work 60 hours a week. I know about cars.
0:39:11 > 0:39:12Smell...
0:39:12 > 0:39:14engine size...
0:39:14 > 0:39:16boot size.
0:39:16 > 0:39:17It was the Hummer.
0:39:17 > 0:39:21What happened when you reached your destination?
0:39:24 > 0:39:28He made me lie down on my front on the floor.
0:39:28 > 0:39:30Then he took my blindfold off.
0:39:30 > 0:39:32- "He"?- The smaller man.
0:39:32 > 0:39:33I couldn't see him - he was behind me.
0:39:33 > 0:39:36So how do you know which of the two men it was?
0:39:36 > 0:39:39I could see the larger man across the room -
0:39:39 > 0:39:42maybe 30 yards away.
0:39:42 > 0:39:43He had his back to me.
0:39:45 > 0:39:47The small man left.
0:39:47 > 0:39:49The large man came towards me.
0:39:49 > 0:39:53I'd been told not to look at him, so I kept my forehead on the floor
0:39:53 > 0:39:56but I could hear him coming and see his feet.
0:39:56 > 0:39:57Then he started shouting.
0:39:57 > 0:39:59What was he shouting?
0:40:00 > 0:40:04He shouted about...what he was going to do to me
0:40:04 > 0:40:07and how badly he was going to hurt me.
0:40:13 > 0:40:14Then it started.
0:40:18 > 0:40:20No further questions, my Lord.
0:40:22 > 0:40:24My name is Alan Cowdrey, Mr Storey.
0:40:24 > 0:40:26I represent Jody Farr.
0:40:26 > 0:40:30You were able to establish that there was a larger man and a smaller man.
0:40:30 > 0:40:33I saw a bit more of the larger man.
0:40:33 > 0:40:37Would it be fair to say that you caught a fleeting glance of the smaller man?
0:40:37 > 0:40:39That's fair.
0:40:40 > 0:40:43Thank you so much, Mr Storey.
0:40:44 > 0:40:47Miss Costello?
0:40:47 > 0:40:48No questions.
0:40:57 > 0:41:00"I did it. It was me."
0:41:01 > 0:41:03I didn't ask him anything, he just started talking.
0:41:03 > 0:41:06And when Brendan Kay was admitting responsibility
0:41:06 > 0:41:11for this SHOCKING act of EXTREME violence
0:41:11 > 0:41:14- how would you describe his demeanour?- Matter of fact.
0:41:14 > 0:41:17Like he was describing opening a tin of beans.
0:41:17 > 0:41:19MURMURING
0:41:19 > 0:41:20No further questions.
0:41:23 > 0:41:26Can you confirm that Jody Farr gave a no-comment interview
0:41:26 > 0:41:30and said nothing else at all about the allegations made against him?
0:41:31 > 0:41:32Yes.
0:41:32 > 0:41:33Thank you so much.
0:41:35 > 0:41:38How long are you going to be in cross-examination, Miss Costello?
0:41:38 > 0:41:41I'm thinking of lunch, timing of. Couple of hours?
0:41:41 > 0:41:42No questions.
0:41:50 > 0:41:51Jury out.
0:42:00 > 0:42:04Let me be clear. You're leaving PC Brett's evidence unchallenged?
0:42:04 > 0:42:05Yes.
0:42:05 > 0:42:09And by implication you're accepting it as true?
0:42:09 > 0:42:11"I did it. It was me."
0:42:11 > 0:42:12Yes.
0:42:12 > 0:42:16I'm sure you know what you're doing, Miss Costello. I'm not sure I do.
0:42:16 > 0:42:17I do have one question.
0:42:17 > 0:42:19Fine.
0:42:19 > 0:42:20Jury back.
0:42:37 > 0:42:41Is it right that the Farr family are the most vicious,
0:42:41 > 0:42:46feared and successful criminal outfit working in London today?
0:42:55 > 0:42:58No forensics - not at the crime scene, not on the victim,
0:42:58 > 0:43:00not on the defendant,
0:43:00 > 0:43:04no-comment interview, which leaves only the ID evidence.
0:43:04 > 0:43:07"Fleeting glance," was the term the victim agreed.
0:43:07 > 0:43:12Your Lordship is, of course, familiar with Turnbull and what it says -
0:43:12 > 0:43:15fleeting glances are unreliable.
0:43:15 > 0:43:18It's unsafe to leave this to the jury.
0:43:18 > 0:43:22My submission is that Mr Farr has no case to answer.
0:43:47 > 0:43:48He needs to go in the box.
0:43:48 > 0:43:51- He'll be a... - He'll be a grass, Martha.
0:43:53 > 0:43:55He has to understand the consequences of that.
0:43:55 > 0:44:00You need to explain to the jury what the Farr family do.
0:44:04 > 0:44:06Jody's not here any more.
0:44:06 > 0:44:07He's...
0:44:07 > 0:44:09He's not in the dock.
0:44:10 > 0:44:14So, he won't know what I'm saying...will he?
0:44:20 > 0:44:23You said it, he's a child! So the responsibility's ours.
0:44:23 > 0:44:25Doing this on his behalf, it would be...
0:44:25 > 0:44:27It would be the truth, wouldn't it?
0:44:27 > 0:44:28That's what it would be.
0:44:29 > 0:44:31It's your call. I'm the junior.
0:44:40 > 0:44:42Miss Costello?
0:44:48 > 0:44:50Call Brendan Kay.
0:44:54 > 0:44:56They said we had to do it.
0:44:56 > 0:44:58And did they tell you about the victim?
0:44:58 > 0:45:00They said he was a very bad man.
0:45:00 > 0:45:03They said he wanted to hurt us all.
0:45:03 > 0:45:04And who's "us"?
0:45:05 > 0:45:09Mr Farr, and his family, and his friends...
0:45:09 > 0:45:11a-and me.
0:45:11 > 0:45:15And what did you understand they meant by saying you had to do it?
0:45:15 > 0:45:17They said there I had a choice.
0:45:17 > 0:45:19What choice?
0:45:19 > 0:45:23They said they would keep on looking after me...or...
0:45:25 > 0:45:26Or...?
0:45:34 > 0:45:38Have there been times when they didn't like your choices?
0:45:41 > 0:45:42Yeah.
0:45:42 > 0:45:43What happened then?
0:45:46 > 0:45:48What did they do, Brendan?
0:45:51 > 0:45:53No, it's all right, it's all right.
0:45:55 > 0:45:56Brendan?
0:45:56 > 0:45:58BRENDAN PANTS
0:46:09 > 0:46:10I did ten things wrong.
0:46:22 > 0:46:25Their Lordships couldn't be clearer in Fitzpatrick.
0:46:25 > 0:46:29When someone knowingly joins a criminal enterprise -
0:46:29 > 0:46:32in Fitzpatrick, the IRA, in this case the Farr gang -
0:46:32 > 0:46:36then they cannot rely on duress as a defence,
0:46:36 > 0:46:38even if the threat is real and immediate.
0:46:38 > 0:46:41The joining, the signing up, always negates the duress
0:46:41 > 0:46:43because you know what you're getting into.
0:46:43 > 0:46:49I'm afraid the defence that this defendant relies on isn't a defence.
0:46:51 > 0:46:56Brendan and the Farr gang are completely different from the IRA membership
0:46:56 > 0:46:59where the appellant knew everything the IRA stood for, and their methods,
0:46:59 > 0:47:02and went in with their eyes wide open.
0:47:02 > 0:47:04Brendan thought he was joining a new family.
0:47:04 > 0:47:07"Knowingly" is the key word.
0:47:07 > 0:47:09Brendan didn't know. Brendan...
0:47:09 > 0:47:12Well, he doesn't know very much at all.
0:47:12 > 0:47:15He was and is a complete innocent. WARWICK EXHALES
0:47:18 > 0:47:19We go on.
0:47:21 > 0:47:23Jury back, please.
0:47:23 > 0:47:24That was brilliant.
0:47:25 > 0:47:26(I thought so.)
0:47:26 > 0:47:28Did you shout at the victim?
0:47:28 > 0:47:30- Yeah.- Loudly?
0:47:30 > 0:47:31- Yeah.- Why?
0:47:31 > 0:47:32What?
0:47:32 > 0:47:35What did you want the victim to understand?
0:47:35 > 0:47:38- That I was going to be good at hurting him.- You were yelling?
0:47:38 > 0:47:40- Yeah.- You were pumped up?
0:47:40 > 0:47:42- Yeah.- You were ready.- I were ready.
0:47:42 > 0:47:44- What did you do?- I put my fingers in his eyes and I...
0:47:44 > 0:47:46pulled out his eyeballs.
0:47:47 > 0:47:48Pulled them out.
0:47:50 > 0:47:51Right out.
0:48:00 > 0:48:03Brendan, erm, now Ms Warwick, here,
0:48:03 > 0:48:06might say that this is all very convenient.
0:48:06 > 0:48:08Jody Farr isn't in the dock any more
0:48:08 > 0:48:14and, now, when it suits you, you've decided to blame him and his family.
0:48:14 > 0:48:16I don't want to be bad to Mr Farr.
0:48:16 > 0:48:20I want you to forget about who you're being nice to.
0:48:21 > 0:48:23Can you do that?
0:48:25 > 0:48:29You've never met these 12 people before, have you?
0:48:29 > 0:48:33They don't know you, and, well, you certainly don't know them.
0:48:35 > 0:48:37So, tell them the truth.
0:48:39 > 0:48:41Forget about everyone else.
0:48:43 > 0:48:45I shouted so Mr Farr could hear.
0:48:45 > 0:48:47I wanted him to hear that I was doing it proper
0:48:47 > 0:48:49but I weren't!
0:48:49 > 0:48:50What do you mean?
0:48:50 > 0:48:54They all laughed about it earlier - what the plan were.
0:48:58 > 0:48:59Brendan?
0:48:59 > 0:49:03Five fingers for five...
0:49:05 > 0:49:06Five what?
0:49:06 > 0:49:10Seeing, hearing, tasting...smelling...
0:49:10 > 0:49:11Five senses.
0:49:11 > 0:49:12..touch.
0:49:12 > 0:49:18Mr Storey...still has his ears, hasn't he?
0:49:21 > 0:49:23And his nose, and his tongue.
0:49:23 > 0:49:25And his fingers.
0:49:25 > 0:49:27Only his eyes.
0:49:28 > 0:49:29Why is that?
0:49:31 > 0:49:33Mr Farr would have done all five.
0:49:33 > 0:49:36I made it only one.
0:49:36 > 0:49:37And I did it as gently as I could.
0:49:39 > 0:49:41I tried to make it OK for him.
0:49:41 > 0:49:43Poor man.
0:49:43 > 0:49:45Poor, poor man.
0:49:47 > 0:49:49I'm sorry.
0:49:52 > 0:49:53Sorry.
0:50:00 > 0:50:02SHE CLEARS HER THROAT
0:50:08 > 0:50:10What did you do afterwards?
0:50:12 > 0:50:13Breakfast?
0:50:13 > 0:50:15Nice hot bath?
0:50:17 > 0:50:20You don't want the jury to know?
0:50:20 > 0:50:22- No.- Why not?
0:50:22 > 0:50:23Because it doesn't look good?
0:50:23 > 0:50:25Cos I shouldn't have done it.
0:50:25 > 0:50:28Now, let's be clear here, Mr Kay.
0:50:28 > 0:50:31You shouldn't have done what?
0:50:31 > 0:50:32Called 999.
0:50:32 > 0:50:35MURMURING
0:50:37 > 0:50:38No further questions, my Lord.
0:50:47 > 0:50:52What he told the jury isn't a defence. It's certainly not duress.
0:50:52 > 0:50:54He saved his life.
0:50:55 > 0:50:59The law is the law and Brendan Kay doesn't have a defence.
0:51:01 > 0:51:03I've got a speech to make.
0:51:08 > 0:51:11Derek Storey has lived through the most appalling experience
0:51:11 > 0:51:13any of us can imagine.
0:51:15 > 0:51:17That's the simple truth.
0:51:18 > 0:51:23It's also the perverse truth that Derek Storey would be dead
0:51:23 > 0:51:27if Brendan Kay hadn't done what he did.
0:51:27 > 0:51:31What was it like to be Brendan Kay on that night?
0:51:31 > 0:51:33He showed you in the witness box.
0:51:33 > 0:51:38He showed you his overwhelming fear of the Farr family
0:51:38 > 0:51:40and his HOPELESS dependence upon them.
0:51:40 > 0:51:46He showed you what they have done to him, both mentally and physically.
0:51:46 > 0:51:50He showed you the great sorrow he lives with
0:51:50 > 0:51:52for what he did that night
0:51:52 > 0:51:55and - and this is what really matters -
0:51:55 > 0:51:58he showed you his extraordinary courage.
0:51:58 > 0:52:00And what do I mean by that?
0:52:00 > 0:52:05Brendan Kay is a man of low intelligence.
0:52:05 > 0:52:09He's vulnerable to bullying, and manipulation, and threats.
0:52:09 > 0:52:13And, despite all that, he found the thing inside
0:52:13 > 0:52:15that the bullies couldn't touch -
0:52:15 > 0:52:20the courage not to do what was asked of him that night.
0:52:20 > 0:52:23He hurt another man in the most dreadful way
0:52:23 > 0:52:27knowing he had to...in order to save him.
0:52:28 > 0:52:30I mean, how hard is that?
0:52:30 > 0:52:33I mean, how hard is it, calling 999,
0:52:33 > 0:52:36knowing that the people who have pulled out
0:52:36 > 0:52:40every one of your toenails...might find out?
0:52:43 > 0:52:46His Honour is about to tell you what the law is.
0:52:46 > 0:52:48I haven't spoken about that.
0:52:48 > 0:52:54The law and what's right and what's wrong aren't always the same thing.
0:52:54 > 0:52:56That's why we have you.
0:52:56 > 0:53:03Juries tell us, the lawyers, about the space between the rules...
0:53:03 > 0:53:08and that space is occupied by common sense...
0:53:09 > 0:53:11..and humanity.
0:53:20 > 0:53:23The law is clear. It's not in dispute.
0:53:23 > 0:53:27You should go back to your jury room now, elect a foreman,
0:53:27 > 0:53:31and return to court to perform your duty...
0:53:31 > 0:53:34returning a verdict of guilty.
0:53:44 > 0:53:46KNOCKING
0:53:46 > 0:53:48COURT CLERK: All rise.
0:53:52 > 0:53:55Have you reached a verdict upon which you are all agreed?
0:53:55 > 0:53:56Yes.
0:53:56 > 0:53:58As you have been directed,
0:53:58 > 0:54:01do you find the defendant guilty of grievous bodily harm,
0:54:01 > 0:54:05contrary to section 18 of the Offences Against the Person Act?
0:54:06 > 0:54:07No.
0:54:07 > 0:54:10- MURMURING - Not guilty.
0:54:24 > 0:54:26SHE SIGHS
0:54:31 > 0:54:32You're free.
0:54:50 > 0:54:51How are you feeling, miss?
0:54:51 > 0:54:53Foolish, Billy.
0:54:53 > 0:54:55I feel foolish.
0:54:55 > 0:54:57PHONE RINGS
0:54:57 > 0:54:58Your phone's ringing.
0:54:58 > 0:55:00No, it isn't.
0:55:02 > 0:55:04Why are we walking this way?
0:55:06 > 0:55:09Anne Boleyn in her wedding barge
0:55:09 > 0:55:13and then, five years later, the black boat to the tower...
0:55:13 > 0:55:15Charles II rowing down to Richmond
0:55:15 > 0:55:19for a bit of how's your father with Nelly and her melons...!
0:55:19 > 0:55:22Steve Redgrave's sweat is in that water -
0:55:22 > 0:55:25the diabetic perspiration of the greatest-ever Olympian.
0:55:25 > 0:55:29There's nothing foolish about this. You're part of history, miss.
0:55:29 > 0:55:31Shakespeare put his hand in that water,
0:55:31 > 0:55:34Martha Costello walked this way.
0:55:35 > 0:55:40I brought you down here because I am SO proud of you...
0:55:41 > 0:55:44..and I want to see you walk the full length of Middle Temple Lane -
0:55:44 > 0:55:45all 300 yards of it.
0:55:47 > 0:55:48Go on, miss.
0:55:48 > 0:55:50THEY CHUCKLE
0:55:50 > 0:55:52PHONE RINGS
0:55:56 > 0:55:57Sorry.
0:56:00 > 0:56:01Jake?
0:56:04 > 0:56:06They cut his fingers off.
0:56:08 > 0:56:09'His nose, his ears...
0:56:11 > 0:56:13..and they cut out his tongue, Billy.'
0:56:15 > 0:56:16Both his eyes.
0:56:18 > 0:56:19He's dead.
0:56:21 > 0:56:23'Brendan Kay's dead.'
0:56:28 > 0:56:29Are you coming or what?
0:56:33 > 0:56:34Yeah.
0:56:40 > 0:56:42- What is it, Billy?- Nothing.
0:56:43 > 0:56:45Ken Dodd moment?
0:56:45 > 0:56:46Yeah.
0:56:46 > 0:56:48- Absent friends?- Mm.
0:57:10 > 0:57:12It's six weeks since Brendan Kay was murdered.
0:57:12 > 0:57:13I don't know how you can smile.
0:57:13 > 0:57:16People are saying that you only got silk because you're a woman
0:57:16 > 0:57:19and that the Bar is trying to look less male and posh.
0:57:19 > 0:57:21I will not work for that man.
0:57:21 > 0:57:22I need you to tell me everything.
0:57:22 > 0:57:24Change tack, Clive Reader.
0:57:24 > 0:57:26Prosecute, and you'll walk into silk.
0:57:26 > 0:57:29You're very direct for an Officer and a Gentleman.
0:57:29 > 0:57:32- This isn't supposed to happen - falling for a solicitor.- No.
0:57:32 > 0:57:35One Afghan civilian killed - collateral damage.
0:57:35 > 0:57:38I did what I did for good military reasons.
0:57:38 > 0:57:41Would he be dead if I'd had the courage to say something?
0:57:41 > 0:57:44Why the HELL didn't you tell me?
0:58:09 > 0:58:12Subtitles by Red Bee Media Ltd