Episode 1 Silk

Get that done by eight.

Her first day out of court in five years.

It's like she's getting married.

Bang on, Jake. It's bridal.

"If you can meet with triumph and disaster

"and treat those two impostors just the same..."

She got the prize, he didn't.

It's not going to be easy for him. It's not going to be easy for her, either.

We need to celebrate the triumph

and handle the disaster.

And if we can do that, then we're top class clerks, my son.

Go on, miss, no-one's looking.

Is Clive in?

Yeah, it's court three, second on at ten, sir. Yeah. No problem.

-Morning, John.

-Morning. Shoe Lane. No, Wood Green.

PHONE RINGS

Yeah. I don't know, Judge Roberts, I think.

Phone's ringing, John.

Shoe Lane.

Name?

Shoe Lane. Sorry, can I take your name, please?

-Yeah. What kind of robbery is it?

-Mr J-O-Y.

Yeah, we can cover that.

Micky Joy?

Sorry, go on.

Bloody hell.

KNOCK AT DOOR

When my old man was ill, me and my mum took him to see Ken Dodd.

Dad was in pain and he couldn't walk more than about ten yards.

When they opened the doors, we could all see

that there were about twenty steps to walk up.

He looked at us and off he went.

It took him about quarter of an hour.

Doddy sang Absent Friends at the end of his show, like he always did.

Still gets me, that song.

Why are you telling me this?

Second most moving moment of my life.

What is it, Billy?

There's this case just in, miss.

-Right.

-Previous counsel got sacked last night, but the con is booked

and the solicitor wants to keep it so the client can meet his new brief.

-Is the trial date fixed?

-Wednesday.

-Who's the solicitor?

-Micky Joy.

-Who's the client?

-The Farr family.

Brendan.

Sorry, Mister Farr.

We got you a lady.

I started playing poker and ran the London Marathon.

-Sorry?

-See you've gone for a Norton.

I'm 38, Billy. it's hardly midlife.

-Oh, must be something else.

-I just bought a bike.

Sure, Sure.

Micky Joy brief.

Who am I for?

Brendan Kay.

First on the indictment. Excellent.

Ah. You're being led, sir.

Oh, right. Yeah, of course. Case as big as this, it needs...

-Martha Costello.

-..silk.

Technically, until she's been sworn in...

-Friday.

-..she's not actually in silk.

This trial is about as heavy as it gets.

I want someone she can rely on.

It's going to be hard for her.

Be nice to her - for me.

What are these doing here?

It's junior work. Not you any more, miss.

None of them have got silk's ticket attached.

I've had these for months, I know the clients.

Who to?

A leading junior with sufficient experience to pick up where you left off.

-Clive.

-Mr Reader would be one way to go, sure.

Seventeen years, you and him together. You got the prize.

It's going to be hard for him, miss. Be nice to him, yeah?

For me.

You look terrific.

Not really right for a Cat A legal visit. But thank you.

Vintage lesbian. It's a good look for you, Martha.

Who's for Jody Farr?

Our esteemed Head of Chambers.

Right.

Mickey, hi. No, we're outside.

Nice one. Sweet. We'll be with you in five.

-Why are you doing that voice?

-Bye. What voice?

"Nice one, sweet." What's that? You used to be yourself, Clive.

You feeling a bit nervous, Marth?

No. What do you mean?

-So, do you want to know, or what?

-Go on.

-Victim disrespected the Farrs.

-How?

-Car wash.

He asked Jody Farr to move his Hummer off the pavement.

That's it? He got blinded for that? Complete stranger?

Jody can't lose face in public.

They picked him up walking home, took him to a disused warehouse in King's Cross and did their thing.

Our man's the, er, the muscle. Extreme violence is...

what he does.

Don't worry, I'll look after you.

Micky. All right, mate? How are you doing?

-Hi.

-Hi.

One finger in at four o'clock the other at eight. Push in hard, pull and twist.

Anti-clockwise, then clockwise.

They don't come out easily because they're designed not to.

That's why you need the twist as well as the pull.

Keeping a grip on the eyeball takes a lot of nerve

cos the sound is a bit disturbing, frankly.

-It's wet in there and the suction's strong.

-Not to mention the screaming.

You press down on the face with the other hand to get the leverage,

you can block the mouth, kill two birds.

Now, doing the second one - that takes courage.

-Great mitigation.

-No-one's pleading.

It was a joke.

How do you know so much about pulling out eyeballs?

NAE served this morning. Prosecution's doctor.

Puts in all the grim bits so he can open with lots of high-impact horror for the jury.

The silk prosecuting asked for the detail, apparently.

A long way back for us from an opening like that.

-Who's prosecuting?

-Lady Macbeth.

There's a verbal. From Brendan Kay.

Don't tell me. Back of the squad car?

"I did it. It was me."

It's pathetic.

-Did you apply for silk last time round?

-No.

Go on through.

-What's he saying, our man?

-He wasn't there.

-And Jody Farr?

-He really wasn't there.

OK, come through.

He's all yours.

Trace of victim's blood on one of our boots.

Clive. And how are we saying it got there?

Two possibles - police fit up. They put it there.

There's a break in continuity with the exhibit, so maybe we can exploit that.

-Or?

-Victim was found blundering eyeless round the back of King's Cross in the middle of the night.

Took the hospital 18 hours to get him stable enough to talk to Old Bill.

During which time our man was walking round King's Cross minding his own business,

-and trod on some eye-socket blood.

-I'm liking fit-up better.

-And is the blood on just us?

-It's not on Jody.

-And who found the victim?

-Police following a 999 call.

From?

No name, phone box. King's Cross is coming up in the world,

but the wee small hours on Goods Way are still a bit underbelly.

And just say the defendants were part of a big crime family,

where would Jody Farr be in the hierarchy?

He would be the number two.

KEYS JANGLE, DOOR IS UNLOCKED

This is saying hello. Don't push him.

He doesn't do well with pressure.

Do you have to stand so close?

Yes.

I want you to put behind you whatever happened with your previous counsel.

Johnny Gibby.

He's gone. I'm here to fight your corner, now.

The evening of the 24th of June - where were you?

Watching television...at home.

All evening?

What were you watching?

Taking a full proof of evidence tomorrow.

'So the old Radio Times alibi, then.'

Evening of June the 24th, what were you doing? You don't know. Of course you don't.

It's just a date like any other date. Unless you were giving birth or swimming the channel.

-Or plucking out somebody's eyes.

-Exactly.

Innocent people find it hard to sort out an alibi.

-We haven't served an alibi notice.

-No.

What, so we're getting a witness or two together first

-to corroborate what we haven't yet said?

-Precisely.

What about the confession evidence?

You know, I've been at this job for 30 years

and my total loathing for the police hasn't changed one little bit.

It's deep and it's savage. Why?

Because the Government can slash legal aid,

knowing that the public will wear it.

The people don't care, so the politicians don't need to.

Eh?

Money's tight boys, work is scarce and clerking just gets tougher.

So we mind less about who we get into bed with?

PHONE RINGS

Ah! Micky...

-Hello, mate. How are you...?

-Hello.

I'm the new junior clerk.

Bethany. Boys, this is Bethany.

Show her everything you know, Jakey-boy.

Yeah.

She's got more brains than Marilyn.

-Yeah, and fewer curves, yeah!

-HE CHUCKLES

Ta-ta.

The whole point of Micky Joy is he fights everything.

If you get nicked, you know what you're getting from Uncle Micky.

And, in this day and age, we need some of his cast iron,

guaranteed not to crack, heavyweight trials, coming to us.

I mean, have you seen what your shiny new silk has got in her diary?

Pages and pages of nothing.

So, don't you dare look at me like that.

You have to make sure there's toilet roll in the toilet all the time.

So, when there isn't much left in the toilet,

you have to move it from here to the toilet

and when it starts getting low in here,

you have to go to Billy and ask for money from petty cash,

er, for more toilet roll and...

then...

then you go and buy it.

Here's the actual toilet.

So...

..not far.

Your case load just doubled.

These are all yours.

I'll get Miss Costello to call the solicitors and talk you up.

Oh, and, er, one of your own.

Solicitor's at court - very right on. Name of George Duggan.

SHOUTS: George Duggan?

Hello.

Yeah? Hello?

George Duggan.

Oh, sorry, I thought you were a man!

Well, I'm not.

No, you're not.

She was drunk and hysterical.

A bottle got broken when they tried to take it away from her.

That's what all the family are saying.

The brother tried to calm her down -

she lashed out at him with the broken bottle -

the jagged edge cut the artery in his neck wide open.

He bled to death.

She had an incredibly high alcohol reading.

Doesn't feel right, does it?

Yeah, I know, but, well, Clive is...

Yeah, charming.

Charming's a good word. He's a charming...

lawyer.

'I don't know how to put this'

because there's not much I can do about it but...

I'm sorry I'm a man.

I know this is hard for you.

Nothing's going to happen today.

We want to wait and make a bail application

when we know more about the evidence against you.

Here's a promise...

I'm going to be here for you throughout.

This is the only time you'll have to meet a barrister for the first time.

George, here, will be with us every step of the way.

Do you know what I hate?

What?

All religion.

And, next to religion, tolerance of religion.

Absolutely.

Tolerance is SO overrated(!)

Do you want to go for a quick fuck? Drink? Jesus.

THEY LAUGH Sorry!

Could I speak to Johnny Gibby, please?

Oil, oil, oil. It's always about oil.

It always has been, it always will be! Sorry.

I still get really angry talking about Iraq.

The thing about Miss Costello, Micky,

is she'll give you blood, sweat

and every other bit of Winston Churchill there is.

You're in charge here, right? I mean, your people are your people.

-Course.

-I need that.

Were you sacked or did you jump?

Thanks, Johnny.

MOBILE PHONE BUTTONS BEEPING

Nearly a million people - a million! And they still didn't listen.

I went because I wanted to see who THEY all were.

Oh, what d'you... What d'you mean?

All those people who felt so strongly about keeping a genocidal,

women-hating, medieval torturer in power.

The left really surpassed itself that day.

-But I thought...?

-Don't pigeonhole me, that's just lazy.

I want better than that.

Oh, by the way...

the answer...to the question that you pretended to ask me

COMPLETELY by accident outside court today...

No.

But thanks for the drinks.

You didn't answer your phone.

-Didn't hear it.

-Senior clerks have an extra lung

and you feel its every breath.

PHONE RINGS

Spit it out, miss.

Get Brendan in for mention tomorrow.

It's seven o'clock at night.

-Well, ring up one of your buddies in the list office and get it on.

-Why?

Cat A prison security is oppressive -

get him to court and talking, it's a lot easier.

And don't tell Micky about the mention.

What?

Just don't.

It's in for mention tomorrow.

Well, I don't have to be there, do I?

Two counsel for a mention?

I've got a con in a very sensitive case with, erm, with George, here.

What time?

-Ten.

-Ten.

So we need Brendan listed not before 12.

Brendan's mention.

Not before 12.

This is the silk robing room.

Yes.

Oh, I'm sorry.

-You look...

-20 years younger than you.

Proper women at the Bar need to stick together. CW.

Martha Costello.

Ah, you're for Brendan Kay, I'm prosecuting you.

They call you Lady Macbeth.

-D'you know that?

-Oh, don't say that name in here.

I thought that was only actors in theatres?

What do you think this is? Who do you think we are?

-PA SYSTEM:

-Caroline Warwick and Martha Costello of counsel,

please come to court two immediately,

-where the judge is waiting.

-Sweetie.

Screw your courage to the sticking place.

Pop to court and tell the old bugger we'll be with him in five minutes.

-What?

-Just tell him I'm menopausal,

-I'm far too pissed off to talk to him right now.

-Is that true?

Oh, God, no! I'm gasping for a fag and so are you.

We have to lean out the window or the smoke alarm goes off

and you get arrested for passive manslaughter, or something.

I'm not planning on having a menopause. You?

I'm 37.

Kids?

Going to?

-Not sure.

-Abortions?

No, none.

Time speeds up, you know.

Don't stay "not sure" too long.

You can't control who you fall in love with.

Of course you can, men are all children!

Pick one, make sure he knows you'll listen to everything he says

and he'll fall in love with you.

By the way...

other women at the Bar have felt betrayed by me.

That's because I'm sisterly out of court...

and vicious in court.

Just so you know.

Won't be personal.

So sorry, Your Honour.

My learned friend needed some time - it's her first day.

Silk will buy you most things, Miss Costello,

but not the patience of judges.

-Why are we here?

-Length of trial.

It's listed for five days?

I think it could run on longer.

Diaries, Ladies. Mr Clerk?

You know it's empty. So why get it out?

THE CLERK WHISPERS

Trial date has to stay where it is.

We'll all just have to talk more quickly.

All rise.

So nice to see you again, Ms Warwick.

May I say, you look younger every day.

Calves' liver and milk for the skin, my Lord,

fish oil for the brain,

cross examination of guilty men for the soul!

If you have a minute, you might mention to your Senior Clerk

that my diary goes deep into next year.

Are you looking to move?

Well, I'm bloody lonely! I want a friend...

and I like the look of you.

Are you, erm...?

Do I swim in The Ladies Pond?

THEY GIGGLE

Some of the time.

I've got to go down and see my man.

Without a solicitor?

How very interesting, Martha Costello.

Was Mr Joy at the police station?

Yeah.

He gave you advice?

Did he tell you what to say to the police in interview?

No comment.

I thought as much.

And what do you know about Jody Farr?

No comment.

Right, er...

This is not...

OK.

What do the Farr family do?

They look after me.

And what else do they do?

Brendan?

Between you and me...

What happened with Johnny Gibby?

I told him the wrong thing.

And who said it was the wrong thing?

Micky?

Jody Farr?

KNOCKING ON BARS

-I've got it, Brendan.

-No!

-No, that's not what I meant.

-It's all right.

-It's not what I meant!

-It's fine.

-No, no, no...!

SHOUTS: Sit down! Sit down!

All right, all right! I'm fine, I'm fine!

BRENDAN GROWLS

Will you get off him?!

BRENDAN GROANS

Keep the hell out of this!

Brendan, Brendan, Brendan, shh, shh.

-Shh, shh, Brendan.

-BRENDAN SOBS

-Shh, shh, shh.

-Oh!

-Calm down.

-Oh-h...

-It's OK.

It's OK.

I think you can let him go now, don't you?

On your own?

What the hell are you doing?

Anyway.

Thank you.

-What for?

-For minding, I suppose.

-Of course I bloody well mind!

Micky Joy is the biggest criminal solicitor in London,

this is our one shot at landing him and, look, suddenly you're doing his job for him?

Maybe it's to stop him doing our job for us.

Just get real, will you?

No, I will not "get real"!

-The thing about Brendan...

-Why are you calling him Brendan?

He's 20 stone, six foot seven...

-Every client's a surname but not this one. Why?

-Because I think he's a child

and if that's true why hasn't the BIGGEST solicitor in London got a psychiatric report done?!

-Because we're running alibi.

-We don't know that!

Come on, Martha, Micky will get us the instructions we need.

That's the way of the world.

I feel bullied and I don't like it.

And, anyway, it's having a note-taker to cover you

that matters, not whether the solicitor's in there.

-So, if you'd have BEEN here...!

-Note-taker?

-Oh, sorry...

-Jesus Christ, Martha.

-Came out wrong, sorry!

-Note-taker?

Sorry!

Micky Joy, George Duggan - both big hitters, both briefing us.

-Exclusively?

-Not yet but I'm onto it.

-I want to talk to you about what you're on.

-OK.

John, as fees clerk, he does the money,

leaving you free to serenade solicitors and look after all of us.

Well, that's an interesting idea, sir.

It's a bit more than an idea, Billy.

What's going on? What? You don't know?

Or you do know? Which?

It was just a mention.

I was at the prison to take a proof from my client who wasn't there!

And they all had a very big laugh at my expense,

saying didn't I know my client had escaped.

Big bloody joke and me looking like a tosser!

-We didn't know...

-Don't like "don't know"! I want a clerk who knows.

There is only one hymn sheet, it is mine.

I give it to you and you make totally bloody sure

it's Onward Christian Soldiers that everyone is singing! You got it?

That's normal.

Billy.

You're the money now, John. I'll take care of the talent.

Brendan needs a new solicitor.

-Why?

-Because Micky Joy is filthy dirty cosy with the Farr family.

Is he?

You think Jody Farr and Micky don't talk?

Do you think they don't have big talks

about big Brendan and his role in all this?

Excuse me, Jake.

You're a brilliant clerk, Billy...

but being a brilliant clerk means that you forfeit one or two basic human qualities

and one of those is innocence.

-So don't bullshit me, it's embarrassing.

-Brendan...

Brendan feels, to me, like he might just be dispensable to the Farrs

and he's my client.

-Different solicitor for Brendan?

-Has to be.

Do you know how much trouble we're in?

If you drop Micky, he'll drop us

and this set will be in real danger of going under.

My duty is to my client.

You won't have any clients if you don't get real!

-What did you say?

-Get REAL!

-Have you been talking to Clive?

-What?!

I wouldn't do that.

Look...

Help me out here.

Who goes to prison for the rest of his life if I lose?

Not Micky Joy.

Brendan is being used -

I can smell it, I can feel it and so can you.

Look, I don't like being used. How about you?

-He's not you.

-Yes, he is!

Until the jury come back with their verdict, he's me, I'm him.

Nobody in-between.

So, er...

..what's he, er...

what's he doing? Brendan? What's he...saying?

PHONE RINGS

You'd better get that.

Yeah, I'm on my way.

Give him my regards.

What's the evidence like against Jody Farr?

We're in with a decent shout.

Brendan Kay?

Well, he coughed and he's got the blood on his boots. Why?

Ah, walk with me.

Jake? Go away.

Mr Cowdrey's been working hard.

Kate's gone,

Nick and the lovely Niamh - both gone.

You've got to admire his...

ruthlessness vis-a-vis the lancing of boils.

I'm his confidante, sir.

Head of Chambers and Senior Clerk - it's a special relationship.

And I think I know the next question he's going to ask himself...

"Who else was it, behaving badly?"

What do you want?

I hear Brendan Kay is not the brightest.

Maybe he should be told once again the strength of evidence against him.

Plead guilty?

You're the lawyer, sir. I couldn't possibly say.

Later, sir.

If the Farr family were a major criminal enterprise,

making millions and millions importing heroin

-through three different London embassies...

-What is it, Billy?

Would the lights go out if Brendan Kay

spent the rest of his life inside?

No.

How would everybody feel if Brendan took the hit for this?

Everybody?

Jody, the family...

..you?

Is that what's happening?

That's me reading between the lines, and I've known her for 17 years

and I'm good at reading between her lines.

I'd have to withdraw from representing Brendan.

Er, yeah...

..I suppose you would.

Leaving you to manage Martha Costello.

He'll plead...and Jody will walk?

-I'd put my mortgage on it.

-What about your balls?

Would you put them on it?

So who do we go for as a replacement solicitor?

George Duggan?

She's fearless, principled and, from a chambers point of view,

it'd be good idea to give her some work.

You know, if we scratch her back she might, erm, scratch ours.

Great.

Have you got her number?

Yeah, I'll call her.

Great.

Are you sleeping with her?

What? No!

Blimey, Marth.

Never a good idea to sleep with a professional colleague.

We're just going to pop down to say hello.

Right.

We need very clear instructions.

We're just going to deal in the truth now, Brendan.

Can I call you Brendan?

OK.

Back of the police car, "I did it. It was me."

Did you say it?

OK?

The verbal...he said it.

Let's hear it.

June 24th, what did you watch? Go.

EastEnders at eight.

Did anything interesting happen?

Not really.

And did you stay with BBC One after that?

Question Of Sport.

That's in the Radio Times, isn't it?

Yeah.

Well, none of that went out on BBC One.

Andy Murray's match at Wimbledon started late

so they stayed with that all evening until ten.

EastEnders and all those nice sports people in shirts,

they all got shunted to BBC Two, Brendan.

See, I think you'd remember that, wouldn't you?

Yeah, alibi doesn't work, does it?

Because it isn't true.

BRENDAN WHIMPERS

No, no, no. Don't get angry.

It's fine.

Trust me.

I know what you have to do.

OK.

I'll be back in a minute.

Confession evidence stays in.

The blood on the boots, the blood on the Hummer -

it's all slam-dunk forensics.

Lady Macbeth would tear the alibi to shreds.

Well, it sort of looks like we're going to have to face up...

You're not getting it, are you?

He's terrified of them.

The Farrs?

He'll do anything they ask of him.

Oh, my God.

Duress?

It has to be.

-But I thought...

-What did you think?

Run duress?

Cut his throat?

-COURT CLERK:

-All rise.

Pleading?

Where did you get that idea?

Can I take instructions, my Lord?

Five minutes.

Thank you.

Duress is incredibly difficult to run.

The threat has to be immediate, significant and real.

Do you understand?

It's no good saying, "I was told to beat him up," in a week's time

knowing that, "if I didn't they'd hurt me." See, that isn't duress.

There's nothing to stop you from going to the police,

the threat isn't immediate, it's...

There's a way out. Do you see?

Shall we do this?

Brendan?

Now, it's very important that you don't talk to anyone.

He says yes to you just like he says yes to the police and yes to the Farrs.

-What's the difference, Martha?

-Look, I am in direct conflict with Jody Farr, Micky Joy, Alan Cowdrey

and I don't even know if I can trust Billy on this.

They're all very big grown-ups

and I REALLY can't handle it if I have to add you to that list, Clive.

This isn't about you, it's about him!

Come on, you really want a big lunk like that to grass up the Farrs?

Are you scared of them?

I need you.

I'm with you.

My job was to guide cars in and make sure nobody blocked pedestrians.

The Hummer was right across the pavement, people couldn't get past.

There's a big sign.

Did you do or say anything?

The windows were all darkened glass. I couldn't see in.

I tapped on the window - it was open a little.

Could you see inside?

Not really.

I asked them to move back off the pavement.

They ignored me.

I banged on the window again.

I wasn't going to be treated like this, just doing my job.

Some of my colleagues came out to watch.

They were all standing watching.

And did the Hummer move?

No.

Somebody in the back said,

"Thank you for your advice. What's your name?"

-Did you tell them?

-Yes.

Then what?

They drove in, the vehicle was washed, nobody got out.

They paid and left.

What time did you go home that night?

Late.

I was on the two-till-ten shift.

What happened, Mr Storey?

They jumped me.

They blindfolded me and put me in the boot of the Hummer.

How do you know it was the Hummer, if you were blindfolded?

I work 60 hours a week. I know about cars.

Smell...

engine size...

boot size.

It was the Hummer.

What happened when you reached your destination?

He made me lie down on my front on the floor.

Then he took my blindfold off.

-"He"?

-The smaller man.

I couldn't see him - he was behind me.

So how do you know which of the two men it was?

I could see the larger man across the room -

maybe 30 yards away.

He had his back to me.

The small man left.

The large man came towards me.

I'd been told not to look at him, so I kept my forehead on the floor

but I could hear him coming and see his feet.

Then he started shouting.

What was he shouting?

He shouted about...what he was going to do to me

and how badly he was going to hurt me.

Then it started.

No further questions, my Lord.

My name is Alan Cowdrey, Mr Storey.

I represent Jody Farr.

You were able to establish that there was a larger man and a smaller man.

I saw a bit more of the larger man.

Would it be fair to say that you caught a fleeting glance of the smaller man?

That's fair.

Thank you so much, Mr Storey.

Miss Costello?

No questions.

"I did it. It was me."

I didn't ask him anything, he just started talking.

And when Brendan Kay was admitting responsibility

for this SHOCKING act of EXTREME violence

-how would you describe his demeanour?

-Matter of fact.

Like he was describing opening a tin of beans.

MURMURING

No further questions.

Can you confirm that Jody Farr gave a no-comment interview

and said nothing else at all about the allegations made against him?

Yes.

Thank you so much.

How long are you going to be in cross-examination, Miss Costello?

I'm thinking of lunch, timing of. Couple of hours?

No questions.

Jury out.

Let me be clear. You're leaving PC Brett's evidence unchallenged?

Yes.

And by implication you're accepting it as true?

"I did it. It was me."

Yes.

I'm sure you know what you're doing, Miss Costello. I'm not sure I do.

I do have one question.

Fine.

Jury back.

Is it right that the Farr family are the most vicious,

feared and successful criminal outfit working in London today?

No forensics - not at the crime scene, not on the victim,

not on the defendant,

no-comment interview, which leaves only the ID evidence.

"Fleeting glance," was the term the victim agreed.

Your Lordship is, of course, familiar with Turnbull and what it says -

fleeting glances are unreliable.

It's unsafe to leave this to the jury.

My submission is that Mr Farr has no case to answer.

He needs to go in the box.

-He'll be a...

-He'll be a grass, Martha.

He has to understand the consequences of that.

You need to explain to the jury what the Farr family do.

Jody's not here any more.

He's...

He's not in the dock.

So, he won't know what I'm saying...will he?

You said it, he's a child! So the responsibility's ours.

Doing this on his behalf, it would be...

It would be the truth, wouldn't it?

That's what it would be.

It's your call. I'm the junior.

Miss Costello?

Call Brendan Kay.

They said we had to do it.

And did they tell you about the victim?

They said he was a very bad man.

They said he wanted to hurt us all.

And who's "us"?

Mr Farr, and his family, and his friends...

a-and me.

And what did you understand they meant by saying you had to do it?

They said there I had a choice.

What choice?

They said they would keep on looking after me...or...

Or...?

Have there been times when they didn't like your choices?

Yeah.

What happened then?

What did they do, Brendan?

No, it's all right, it's all right.

Brendan?

BRENDAN PANTS

I did ten things wrong.

Their Lordships couldn't be clearer in Fitzpatrick.

When someone knowingly joins a criminal enterprise -

in Fitzpatrick, the IRA, in this case the Farr gang -

then they cannot rely on duress as a defence,

even if the threat is real and immediate.

The joining, the signing up, always negates the duress

because you know what you're getting into.

I'm afraid the defence that this defendant relies on isn't a defence.

Brendan and the Farr gang are completely different from the IRA membership

where the appellant knew everything the IRA stood for, and their methods,

and went in with their eyes wide open.

Brendan thought he was joining a new family.

"Knowingly" is the key word.

Brendan didn't know. Brendan...

Well, he doesn't know very much at all.

He was and is a complete innocent. WARWICK EXHALES

We go on.

Jury back, please.

That was brilliant.

(I thought so.)

Did you shout at the victim?

-Yeah.

-Loudly?

-Yeah.

-Why?

What?

What did you want the victim to understand?

-That I was going to be good at hurting him.

-You were yelling?

-Yeah.

-You were pumped up?

-Yeah.

-You were ready.

-I were ready.

-What did you do?

-I put my fingers in his eyes and I...

pulled out his eyeballs.

Pulled them out.

Right out.

Brendan, erm, now Ms Warwick, here,

might say that this is all very convenient.

Jody Farr isn't in the dock any more

and, now, when it suits you, you've decided to blame him and his family.

I don't want to be bad to Mr Farr.

I want you to forget about who you're being nice to.

Can you do that?

You've never met these 12 people before, have you?

They don't know you, and, well, you certainly don't know them.

So, tell them the truth.

Forget about everyone else.

I shouted so Mr Farr could hear.

I wanted him to hear that I was doing it proper

but I weren't!

What do you mean?

They all laughed about it earlier - what the plan were.

Brendan?

Five fingers for five...

Five what?

Seeing, hearing, tasting...smelling...

Five senses.

..touch.

Mr Storey...still has his ears, hasn't he?

And his nose, and his tongue.

And his fingers.

Only his eyes.

Why is that?

Mr Farr would have done all five.

I made it only one.

And I did it as gently as I could.

I tried to make it OK for him.

Poor man.

Poor, poor man.

I'm sorry.

Sorry.

SHE CLEARS HER THROAT

What did you do afterwards?

Breakfast?

Nice hot bath?

You don't want the jury to know?

-No.

-Why not?

Because it doesn't look good?

Cos I shouldn't have done it.

Now, let's be clear here, Mr Kay.

You shouldn't have done what?

Called 999.

MURMURING

No further questions, my Lord.

What he told the jury isn't a defence. It's certainly not duress.

He saved his life.

The law is the law and Brendan Kay doesn't have a defence.

I've got a speech to make.

Derek Storey has lived through the most appalling experience

any of us can imagine.

That's the simple truth.

It's also the perverse truth that Derek Storey would be dead

if Brendan Kay hadn't done what he did.

What was it like to be Brendan Kay on that night?

He showed you in the witness box.

He showed you his overwhelming fear of the Farr family

and his HOPELESS dependence upon them.

He showed you what they have done to him, both mentally and physically.

He showed you the great sorrow he lives with

for what he did that night

and - and this is what really matters -

he showed you his extraordinary courage.

And what do I mean by that?

Brendan Kay is a man of low intelligence.

He's vulnerable to bullying, and manipulation, and threats.

And, despite all that, he found the thing inside

that the bullies couldn't touch -

the courage not to do what was asked of him that night.

He hurt another man in the most dreadful way

knowing he had to...in order to save him.

I mean, how hard is that?

I mean, how hard is it, calling 999,

knowing that the people who have pulled out

every one of your toenails...might find out?

His Honour is about to tell you what the law is.

I haven't spoken about that.

The law and what's right and what's wrong aren't always the same thing.

That's why we have you.

Juries tell us, the lawyers, about the space between the rules...

and that space is occupied by common sense...

..and humanity.

The law is clear. It's not in dispute.

You should go back to your jury room now, elect a foreman,

and return to court to perform your duty...

returning a verdict of guilty.

KNOCKING

COURT CLERK: All rise.

Have you reached a verdict upon which you are all agreed?

Yes.

As you have been directed,

do you find the defendant guilty of grievous bodily harm,

contrary to section 18 of the Offences Against the Person Act?

No.

-MURMURING

-Not guilty.

SHE SIGHS

You're free.

How are you feeling, miss?

Foolish, Billy.

I feel foolish.

PHONE RINGS

Your phone's ringing.

No, it isn't.

Why are we walking this way?

Anne Boleyn in her wedding barge

and then, five years later, the black boat to the tower...

Charles II rowing down to Richmond

for a bit of how's your father with Nelly and her melons...!

Steve Redgrave's sweat is in that water -

the diabetic perspiration of the greatest-ever Olympian.

There's nothing foolish about this. You're part of history, miss.

Shakespeare put his hand in that water,

Martha Costello walked this way.

I brought you down here because I am SO proud of you...

..and I want to see you walk the full length of Middle Temple Lane -

all 300 yards of it.

Go on, miss.

THEY CHUCKLE

PHONE RINGS

Sorry.

Jake?

They cut his fingers off.

'His nose, his ears...

..and they cut out his tongue, Billy.'

Both his eyes.

He's dead.

'Brendan Kay's dead.'

Are you coming or what?

Yeah.

-What is it, Billy?

-Nothing.

Ken Dodd moment?

Yeah.

-Absent friends?

-Mm.

It's six weeks since Brendan Kay was murdered.

I don't know how you can smile.

People are saying that you only got silk because you're a woman

and that the Bar is trying to look less male and posh.

I will not work for that man.

I need you to tell me everything.

Change tack, Clive Reader.

Prosecute, and you'll walk into silk.

You're very direct for an Officer and a Gentleman.

-This isn't supposed to happen - falling for a solicitor.

-No.

One Afghan civilian killed - collateral damage.

I did what I did for good military reasons.

Would he be dead if I'd had the courage to say something?

Why the HELL didn't you tell me?

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