0:00:02 > 0:00:05She got the prize, he didn't. It's not going to be easy for him.
0:00:05 > 0:00:07It's not going to be easy for her either.
0:00:07 > 0:00:09- A case as big as this, it needs... - Martha Costello.
0:00:09 > 0:00:11- Who's the solicitor? - Micky Joy.
0:00:11 > 0:00:14- You're in charge here, I mean your people are your people?- Of course.
0:00:14 > 0:00:16The solicitor is at court. Very right-on.
0:00:16 > 0:00:18Name of George Duggan.
0:00:18 > 0:00:20Don't pigeon-hole me. That's just lazy.
0:00:20 > 0:00:21Fatima Ali.
0:00:21 > 0:00:25The brother tried to calm her down, she lashed out at him with a broken bottle, he bled to death.
0:00:25 > 0:00:29- Think about Brendan... - Why "Brendan?" Every other client's a surname, why's that?
0:00:29 > 0:00:30Because I think he's a child.
0:00:30 > 0:00:31He's dead.
0:00:31 > 0:00:33'Brendan Kay's dead.'
0:01:07 > 0:01:08Keep up, boys.
0:01:17 > 0:01:19Hey, Marth.
0:01:19 > 0:01:21Marth? What you up to?
0:01:21 > 0:01:23Ah.
0:01:23 > 0:01:25.338 sniper rifle. Nice.
0:01:25 > 0:01:26Yeah.
0:01:26 > 0:01:28One of them's dead, Clive.
0:01:28 > 0:01:30- Which one?- I don't know.
0:01:30 > 0:01:32There's no witness statement from whoever took the film.
0:01:32 > 0:01:33What happened?
0:01:33 > 0:01:36IED. Both legs blown off.
0:01:36 > 0:01:39Embedded photographer took this.
0:01:39 > 0:01:43My client's the officer in command of the patrol base.
0:01:43 > 0:01:45Disobeyed an order to stay put.
0:01:45 > 0:01:48Took his men out on patrol, and the consequence was, well, this.
0:01:48 > 0:01:49Him.
0:01:49 > 0:01:51- The quiet one.- How do you know?
0:01:51 > 0:01:53Saw his picture in the paper.
0:02:05 > 0:02:06Jake.
0:02:08 > 0:02:09Right, we go in together.
0:02:09 > 0:02:12When I give you the nod, I want you to bang this down on the desk. You got it?
0:02:12 > 0:02:14Got it. Er, why?
0:02:14 > 0:02:16Because when a brief goes thump, it says,
0:02:16 > 0:02:19"I'm heavy, I'm meaty, I matter."
0:02:19 > 0:02:21Are you in court this morning?
0:02:21 > 0:02:23Got a mention in my murder for George Duggan.
0:02:23 > 0:02:25You're getting very political.
0:02:25 > 0:02:27The thing you have to remember about George is...
0:02:27 > 0:02:32that as well as all that integrity,
0:02:32 > 0:02:34she has a tremendous pair of tits.
0:02:34 > 0:02:37Which is a good combination in a solicitor.
0:02:41 > 0:02:43DOOR OPENS
0:02:44 > 0:02:45SHE CHUCKLES
0:02:45 > 0:02:47Ah! Interrupting something?
0:02:47 > 0:02:50Oh, we were just talking about George Duggan's integrity.
0:02:50 > 0:02:53Oh, yes, one thing to say about that, sir.
0:02:53 > 0:02:54Do not pass go.
0:02:54 > 0:02:55Sorry?
0:02:55 > 0:02:59Sleeping with solicitors, like eating raw fish, is wrong.
0:02:59 > 0:03:01Do not do it.
0:03:01 > 0:03:03See you later, sir.
0:03:06 > 0:03:09So, you going to win this court martial?
0:03:09 > 0:03:1180/20 against.
0:03:12 > 0:03:15Jesus Christ!
0:03:15 > 0:03:16Drugs.
0:03:16 > 0:03:19Big importation of heroin through Felixstowe,
0:03:19 > 0:03:22nicked half way down the M11 at Birchanger Services.
0:03:22 > 0:03:24- Where? - Eight weeks in Chelmsford.
0:03:24 > 0:03:28Don't tell me I'm not the best clerk in England.
0:03:28 > 0:03:29Laters, Miss.
0:03:29 > 0:03:31- Er, wait... Who's the solicitor? - PHONE RINGS
0:03:31 > 0:03:33- Bye, Miss.- Ah, Billy!
0:03:33 > 0:03:35- Billy! - DOOR SLAMS
0:03:35 > 0:03:36She'll do it...
0:03:36 > 0:03:38Yeah, I'm sure.
0:03:38 > 0:03:40Ha! No problem. Call me back.
0:03:42 > 0:03:45I had a wire-haired dachshund years ago.
0:03:45 > 0:03:48I've never told anyone this before,
0:03:48 > 0:03:51but I had to re-home him because our lives became incompatible.
0:03:51 > 0:03:53And what's this got to do with anything?
0:03:53 > 0:03:57The handover to his new owners was at Birchanger Services.
0:03:57 > 0:04:00- Who's the solicitor, Billy? - Micky Joy.
0:04:00 > 0:04:02- Oh.- Miss...- No!
0:04:02 > 0:04:04- I've said yes.- Well, unsay it.
0:04:04 > 0:04:07People are saying that you only got silk
0:04:07 > 0:04:09because you're a woman and you're from Bolton,
0:04:09 > 0:04:12and the Bar is trying to stop looking so male and posh.
0:04:12 > 0:04:14Don't you dare threaten me.
0:04:14 > 0:04:17I'm killing myself out there trying to sell you,
0:04:17 > 0:04:19so when you say no to a brief like this...
0:04:19 > 0:04:21I will not work for that man.
0:04:33 > 0:04:34Billy, Micky on line one.
0:04:41 > 0:04:42Micky!
0:04:42 > 0:04:45Martha Costello, she's, er... she's double-booked.
0:04:45 > 0:04:49Yeah, she's got a fixture at Southwark starting the same day.
0:04:49 > 0:04:50I know, I know.
0:04:50 > 0:04:53The new Doris forgot to put it in the diary.
0:04:53 > 0:04:55So, er, yeah, it's just one of those...things.
0:04:55 > 0:04:57Er...
0:04:57 > 0:04:58Alan Cowdrey is free.
0:05:00 > 0:05:03You know what they call him, don't you? Mr Mellifluous.
0:05:03 > 0:05:04HE CHUCKLES
0:05:04 > 0:05:06No, I don't know what it means, either. But, er...
0:05:06 > 0:05:09He'd be good for this, don't you think?
0:05:11 > 0:05:12Captain Ryan?
0:05:12 > 0:05:14Captain Cassidy. The UDO.
0:05:14 > 0:05:16Right.
0:05:16 > 0:05:18Unit Defence Officer. I'm his best friend.
0:05:18 > 0:05:20And I'm here to help him, and you, I hope.
0:05:20 > 0:05:21Great.
0:05:21 > 0:05:22Miss...
0:05:22 > 0:05:25How many in the patrol base?
0:05:25 > 0:05:2912 British soldiers. 20 Afghan National Army.
0:05:29 > 0:05:31And how many are there supposed to be?
0:05:31 > 0:05:3230 of us and 40 of them.
0:05:32 > 0:05:34And you being under strength,
0:05:34 > 0:05:37that was behind the decision to stay put, presumably?
0:05:37 > 0:05:40Doing what the enemy least expects is always a good idea.
0:05:40 > 0:05:44And I felt that staying put became a bad idea.
0:05:44 > 0:05:48Well, isn't battening down the hatches usually the best way?
0:05:48 > 0:05:49Well, we didn't trust the ANA.
0:05:49 > 0:05:51They were getting jumpy and twitchy,
0:05:51 > 0:05:52and it was rubbing off on my men.
0:05:52 > 0:05:54What do you mean about trust?
0:05:56 > 0:05:59Three months earlier, the Taliban put our base under siege.
0:05:59 > 0:06:02The siege was 18 hours of continuous fighting.
0:06:03 > 0:06:04It's the most pressure
0:06:04 > 0:06:05my men have ever been under.
0:06:05 > 0:06:06And what about you?
0:06:06 > 0:06:08It's my men I'm concerned about.
0:06:08 > 0:06:10OK.
0:06:10 > 0:06:12So your defence...
0:06:12 > 0:06:15Circumstances changed after you received the order
0:06:15 > 0:06:18because you had intelligence that the Taliban were approaching.
0:06:18 > 0:06:19In large numbers.
0:06:19 > 0:06:21What intelligence?
0:06:21 > 0:06:23I can't talk about that.
0:06:23 > 0:06:25- Well...- I believe in the absolute integrity of a source.
0:06:25 > 0:06:27I don't want it mentioned in here or in court.
0:06:27 > 0:06:30Well, that's all very honourable and everything,
0:06:30 > 0:06:31but it would help if I knew.
0:06:31 > 0:06:35I'm sorry that you think honourable behaviour isn't worth very much.
0:06:39 > 0:06:43And then communication with the...the FOB broke down.
0:06:43 > 0:06:44Ah, you're good at this.
0:06:44 > 0:06:49My grandfather fought in the war. Sword Beach, June 6th, 1944.
0:06:49 > 0:06:51Maybe it's in my bones.
0:06:51 > 0:06:54I can't tell you how much it hurts that I lost Private Rivers.
0:06:55 > 0:06:57But what I did was the right thing to do.
0:06:57 > 0:07:00"Cocky, aggressive-minded,
0:07:00 > 0:07:03"always willing to take the fight to the enemy."
0:07:03 > 0:07:05That's what they're saying about you.
0:07:05 > 0:07:09It's exciting. There's nothing like contact with the enemy.
0:07:09 > 0:07:11Don't say that in court, will you?
0:07:12 > 0:07:14WOMAN IN BACKGROUND: Yes, yes, he is.
0:07:14 > 0:07:15Well, you can come into the...
0:07:17 > 0:07:20He's trying to impress you. He'll settle down.
0:07:20 > 0:07:22The siege he talks about.
0:07:22 > 0:07:23Every bit as tough as he says.
0:07:27 > 0:07:29So, your grandfather on D-Day.
0:07:29 > 0:07:31Doesn't talk about it.
0:07:31 > 0:07:34What I said in there is all I know about his war.
0:07:34 > 0:07:35Hmm. Sorry.
0:07:35 > 0:07:37It sounded like, er...
0:07:37 > 0:07:40- That thing about it being in your bones.- Hmm.
0:07:41 > 0:07:43Maybe you were trying to impress him.
0:07:45 > 0:07:49Should have been me, really. Big court martial like this.
0:07:49 > 0:07:51It's a silk's case, sir.
0:08:05 > 0:08:07Aah... Oof...
0:08:07 > 0:08:09- 79... - PHONE RINGS
0:08:09 > 0:08:11..80.
0:08:11 > 0:08:13- Phew! - PHONE RINGS
0:08:13 > 0:08:14Shoe Lane.
0:08:14 > 0:08:15Phew!
0:08:15 > 0:08:17Yeah, sorry, can I get your name, please?
0:08:17 > 0:08:18Brilliant news. Thank you.
0:08:18 > 0:08:21No, I will, I will. I promise, I'll... Yes, bye.
0:08:21 > 0:08:24Let's have a pop at bail, shall we?
0:08:24 > 0:08:27She has nowhere to live.
0:08:27 > 0:08:29Her community, which has been her entire life,
0:08:29 > 0:08:33has broken all ties with her irrevocably and completely.
0:08:33 > 0:08:35There is a real risk she might abscond
0:08:35 > 0:08:37between now and the start of her trial.
0:08:38 > 0:08:40Abscond?
0:08:40 > 0:08:42Where to?
0:08:42 > 0:08:43If...
0:08:43 > 0:08:47Fatima Ali's life has been limited exclusively to her community,
0:08:47 > 0:08:49where would she go?
0:08:49 > 0:08:51My learned friend seems to be doing my job for me.
0:08:51 > 0:08:55Pushed to see how Your Honour can grant bail
0:08:55 > 0:08:56without a condition of residence.
0:08:56 > 0:08:59Ergo, this bail application fails.
0:08:59 > 0:09:00Refuge.
0:09:00 > 0:09:04- I'm sorry?- I've secured her a place in a women's refuge as of this morning.
0:09:04 > 0:09:06They'll have her for as long as it takes.
0:09:10 > 0:09:12- I rang them.- Just now?
0:09:12 > 0:09:15Yeah, I've never understood why barristers won't get their hands dirty.
0:09:15 > 0:09:19Make the phone call, find the bed. It's not like God has a secretary or a...solicitor.
0:09:19 > 0:09:24- They didn't have a bed last night when I called.- I run marathons. - What?- I raise money for them.
0:09:24 > 0:09:26She'll be in with a member of staff for a few nights.
0:09:26 > 0:09:28They wouldn't do it normally.
0:09:28 > 0:09:29For you...
0:09:30 > 0:09:31How much?
0:09:31 > 0:09:33What?
0:09:33 > 0:09:34New York in November.
0:09:34 > 0:09:36Shall I put you down for 50 quid?
0:09:41 > 0:09:44Goes without saying, Micky Joy asked for you, sir.
0:09:44 > 0:09:45Then why are you saying it, Billy?
0:09:45 > 0:09:48- HE CHUCKLES - He's brilliant.
0:09:48 > 0:09:50Never misses... He's.. He's brilliant.
0:09:50 > 0:09:52HE CHUCKLES
0:09:52 > 0:09:54Then he goes all silent and he looks at you,
0:09:54 > 0:09:56and you feel like you've got to answer the question.
0:09:56 > 0:09:57HE LAUGHS
0:10:01 > 0:10:03Well done.
0:10:03 > 0:10:04Oh. Thanks.
0:10:04 > 0:10:06I like a man who can pull a rabbit out of a hat
0:10:06 > 0:10:08by the seat of his pants.
0:10:08 > 0:10:09HE LAUGHS Well, I was just lucky.
0:10:09 > 0:10:12Not with your last silk application, you weren't.
0:10:12 > 0:10:14How did I get silk?
0:10:14 > 0:10:19I gave up defending guilty men and started prosecuting them.
0:10:20 > 0:10:22I can't tell you the pleasure it gives me.
0:10:22 > 0:10:24It's like rump steak in the morning.
0:10:24 > 0:10:28Mastication, complex textures, deep taste,
0:10:28 > 0:10:30and, oh, those bloody juices.
0:10:34 > 0:10:36Change tack, Clive Reader.
0:10:36 > 0:10:41Prosecute, and you'll walk into silk, a man with your pedigree.
0:10:41 > 0:10:43Happy to give you a bunk-up.
0:10:43 > 0:10:44Why would you do that?
0:10:44 > 0:10:47Well, that can't be too hard to work out, can it?
0:10:52 > 0:10:55Diversify.
0:10:55 > 0:10:56Meaning?
0:10:56 > 0:10:58Expand, become a bigger set.
0:10:58 > 0:11:00Prosecute more.
0:11:00 > 0:11:01Prosecute more?
0:11:01 > 0:11:04That's what I said.
0:11:04 > 0:11:07- Are you OK, sir, with the eight-weeks drug trial I just got you?- Micky Joy is...
0:11:07 > 0:11:10Is the biggest solicitor there is.
0:11:10 > 0:11:13A senior clerk has to be careful supping with the devil.
0:11:13 > 0:11:15Woolworths.
0:11:15 > 0:11:16Sorry?
0:11:16 > 0:11:20Woolies went down because it didn't know what it was anymore.
0:11:20 > 0:11:23No-one had any idea what they were selling or why.
0:11:23 > 0:11:26If you're going to survive, then you have to know what you are,
0:11:26 > 0:11:29and you have to say it loud and clear.
0:11:29 > 0:11:32The heart and soul of this chambers is defending.
0:11:32 > 0:11:34Now, I can sell that.
0:11:34 > 0:11:36I can't sell pick 'n' mix.
0:11:37 > 0:11:41We can't afford to say no to half the work on offer.
0:11:42 > 0:11:44Lengthen your ladle...
0:11:44 > 0:11:46and sup with the CPS.
0:11:54 > 0:11:55Pastures new, sir.
0:11:55 > 0:11:59Bit of a weird message from the CPS solicitor.
0:11:59 > 0:12:01"Some rump steak in the morning," he said to tell you.
0:12:01 > 0:12:03Does Billy need to know about this?
0:12:03 > 0:12:05I can keep one under the radar.
0:12:05 > 0:12:06Thanks.
0:12:07 > 0:12:10Thanks, Micky. Appreciate it.
0:12:11 > 0:12:14Er... Just so you know...
0:12:14 > 0:12:17I'm not doing that drugs case because of you.
0:12:17 > 0:12:18No other reason.
0:12:18 > 0:12:20You.
0:12:20 > 0:12:23You know, it's six weeks since Brendan Kay was murdered.
0:12:23 > 0:12:26I don't know how you've got the nerve to smile.
0:12:28 > 0:12:30'I told him I thought he was connected to Brendan's death.'
0:12:30 > 0:12:31My God, Marth.
0:12:31 > 0:12:33Yeah, I'm slightly regretting it now.
0:12:33 > 0:12:35- I should have just punched him. - HE LAUGHS
0:12:35 > 0:12:36I miss you.
0:12:36 > 0:12:38What?
0:12:38 > 0:12:40I miss you.
0:12:42 > 0:12:44We were called together, we were pupils together,
0:12:44 > 0:12:47we've always been side by side in this. And now...
0:12:47 > 0:12:49PHONE RINGS Sorry.
0:12:53 > 0:12:55What do you want to say, Clive?
0:12:57 > 0:12:59It hurt when you got silk.
0:13:01 > 0:13:02Sorry. I mean...
0:13:04 > 0:13:06I know I... I shouldn't be like this, but...
0:13:07 > 0:13:11I wanted to tell you because...
0:13:12 > 0:13:15Well, we tell each other everything, don't we?
0:13:15 > 0:13:17PHONE RINGS
0:13:17 > 0:13:18HE SIGHS
0:13:18 > 0:13:22You should probably get that.
0:13:22 > 0:13:23HE SIGHS
0:13:23 > 0:13:25George, hi.
0:13:25 > 0:13:27HE LAUGHS
0:13:27 > 0:13:28Yes.
0:13:30 > 0:13:31Yes.
0:13:31 > 0:13:33OK.
0:13:33 > 0:13:34Erm...
0:13:34 > 0:13:36Well, I don't know...
0:13:37 > 0:13:38We could do it tonight.
0:13:40 > 0:13:42Yeah.
0:13:43 > 0:13:45Welcome to Hillesden Barracks.
0:13:46 > 0:13:48Hello, there.
0:13:48 > 0:13:49How are things?
0:13:49 > 0:13:51Hello.
0:13:51 > 0:13:52Oh, er, thank you.
0:13:56 > 0:13:58Sir.
0:14:00 > 0:14:01Major Scotter.
0:14:01 > 0:14:03He gave the order Captain Ryan disobeyed.
0:14:09 > 0:14:11Parents?
0:14:16 > 0:14:17CLERK: All rise.
0:14:22 > 0:14:25Service personnel may remove their headdress.
0:14:30 > 0:14:34These are the last pictures of Private Alan Rivers.
0:14:34 > 0:14:37It's about 20 minutes before going out on patrol,
0:14:37 > 0:14:40and an hour before he stood on an IED,
0:14:40 > 0:14:44and what became the long, slow business of bleeding to death.
0:14:45 > 0:14:47Could we have the Board out, sir?
0:14:57 > 0:14:59VIDEO: 'Wave goodbye to your mum!'
0:15:02 > 0:15:06There's no statement from anyone producing this film in evidence.
0:15:06 > 0:15:08Then the Crown should get one.
0:15:08 > 0:15:11It's shot by an embedded photographer, Paul McGovern.
0:15:11 > 0:15:14Get a short statement from him and serve it as an NAE.
0:15:14 > 0:15:15I want him here.
0:15:15 > 0:15:18Counsel who did the last hearing expressly stated
0:15:18 > 0:15:20that he didn't need McGovern to attend,
0:15:20 > 0:15:23which must have been on instruction from the defendant.
0:15:23 > 0:15:24Well...
0:15:24 > 0:15:26I want him here.
0:15:26 > 0:15:28What's your objection to the film?
0:15:28 > 0:15:32My learned friend wants it in because it's poignant.
0:15:32 > 0:15:34Evidential value?
0:15:34 > 0:15:35None.
0:15:35 > 0:15:38It's part of the story. The Board should hear what he says.
0:15:38 > 0:15:40He doesn't say anything.
0:15:40 > 0:15:44Well, that's him speaking now, Miss Costello.
0:15:45 > 0:15:46Did you think...?
0:15:54 > 0:15:56We had general information
0:15:56 > 0:15:59that there was insurgent grouping in the area.
0:15:59 > 0:16:02The patrol base was one of the possible targets.
0:16:03 > 0:16:05I gave the order to stay put.
0:16:05 > 0:16:07Who was the order given to?
0:16:07 > 0:16:10Captain Ryan, the defendant.
0:16:10 > 0:16:11Directly?
0:16:11 > 0:16:13On HF from FOB.
0:16:13 > 0:16:15Might need translating for our civilian friend.
0:16:15 > 0:16:18High frequency from forward operating base.
0:16:18 > 0:16:19Ahem...
0:16:19 > 0:16:22Now, you'll have to forgive my civilian ignorance.
0:16:23 > 0:16:26A soldier is trained to obey orders.
0:16:26 > 0:16:28Yes.
0:16:28 > 0:16:29But he's not a robot.
0:16:29 > 0:16:31I'm sorry, is that a question?
0:16:31 > 0:16:35You wouldn't, for example, obey an order to murder a prisoner?
0:16:35 > 0:16:38I'm not a lawyer, and I'm sure you know what you're doing, Miss Costello.
0:16:38 > 0:16:42- But your example is way out at the end of the spectrum. - But there is a spectrum?
0:16:42 > 0:16:43Yes.
0:16:43 > 0:16:47And there's a point on that spectrum
0:16:47 > 0:16:50when it becomes the right thing to do to disobey an order?
0:16:50 > 0:16:54This is the British Army, Miss Costello.
0:16:54 > 0:16:56Have you heard of courageous restraint?
0:16:57 > 0:17:00No return of fire unless you are 100% sure
0:17:00 > 0:17:02a target is completely legitimate,
0:17:02 > 0:17:04and there is no danger to civilian life.
0:17:04 > 0:17:07Do you know how difficult that is?
0:17:07 > 0:17:08It's an excellent example
0:17:08 > 0:17:10of why officers are trained to think under pressure.
0:17:10 > 0:17:13It's an example of how disciplined the British Army is,
0:17:13 > 0:17:15and where on your spectrum...
0:17:15 > 0:17:16And under pressure,
0:17:16 > 0:17:19required by his training to think, an officer might end up deciding
0:17:19 > 0:17:21that the best thing to do
0:17:21 > 0:17:23is the opposite of what he's been ordered to do,
0:17:23 > 0:17:26if that's what the circumstances dictate.
0:17:26 > 0:17:29Then he should refer it back to whoever gave the order.
0:17:29 > 0:17:31And that would be you in this case?
0:17:31 > 0:17:35The circumstances at the patrol base remained pretty much the same
0:17:35 > 0:17:39from the time the order was given to the time Captain Ryan disobeyed it.
0:17:39 > 0:17:42- But you don't know that. You weren't there.- Miss Costello.
0:17:42 > 0:17:44You may be in silk now,
0:17:44 > 0:17:47but that does not entitle you to be disrespectful to witnesses.
0:17:47 > 0:17:51Respect and deference are two different things, sir.
0:17:51 > 0:17:53Too often mistaken for each other.
0:17:53 > 0:17:55What's your point here?
0:17:55 > 0:17:58That the commander on the ground
0:17:58 > 0:18:01knows more than the commander back at the forward operating base
0:18:01 > 0:18:03about the situation he's in.
0:18:03 > 0:18:07How would he know more than me? Did he have information I didn't have?
0:18:17 > 0:18:19So it's a lie, then.
0:18:19 > 0:18:21What?
0:18:21 > 0:18:24"The intelligence, I can't possibly talk about it."
0:18:24 > 0:18:27Bit surprising you wanted to go near it at all though,
0:18:27 > 0:18:31given that it's plainly the opposite of what Ryan wants you to do.
0:18:31 > 0:18:34Don't tell me how to conduct my case.
0:18:34 > 0:18:35You're conducting mine, really.
0:18:37 > 0:18:39Making such a good job of alerting the Board
0:18:39 > 0:18:41to the fact that Ryan is hoodwinking you.
0:18:41 > 0:18:43And if he's not telling his own barrister the truth...
0:18:43 > 0:18:44You're bluffing.
0:18:44 > 0:18:46The Board don't think that.
0:18:46 > 0:18:49One brigadier and two lieutenant colonels,
0:18:49 > 0:18:51each of them with lots of combat experience.
0:18:51 > 0:18:53They know a smokescreen when they see one.
0:18:56 > 0:18:57When did you get silk?
0:19:02 > 0:19:05Why didn't you want McGovern here?
0:19:05 > 0:19:08I did what I did for good military reasons.
0:19:08 > 0:19:11I've told you. How would McGovern help that? He's a photographer.
0:19:11 > 0:19:12Embedded with you.
0:19:12 > 0:19:15Watching you all the time.
0:19:15 > 0:19:16I've got nothing to hide.
0:19:16 > 0:19:18- I acted properly.- Oh, yeah.
0:19:18 > 0:19:20"Properly. Honourably."
0:19:21 > 0:19:23Shall I tell you something?
0:19:23 > 0:19:26If you don't stop hiding behind all those words very soon,
0:19:26 > 0:19:29you'd better start thinking about living for the next ten years
0:19:29 > 0:19:32where none of those count for a bloody thing!
0:19:35 > 0:19:38Did courageous restraint frustrate you?
0:19:38 > 0:19:40It frustrated all of us.
0:19:40 > 0:19:44An aggressive-minded officer doesn't like being on the back foot.
0:19:44 > 0:19:45- Whose side are you on?- Look...
0:19:46 > 0:19:49It's better you get the hard questions from me first,
0:19:49 > 0:19:53so when the real thing comes, it's not a shock,
0:19:53 > 0:19:54and you deal with it.
0:19:57 > 0:19:59Tell me about the siege.
0:19:59 > 0:20:00I've told you.
0:20:00 > 0:20:01Well, why was it so tough?
0:20:01 > 0:20:03You were engaging with the enemy all the time,
0:20:03 > 0:20:08what was it about this contact that affected you so much?
0:20:11 > 0:20:13It would help, wouldn't it?
0:20:13 > 0:20:14What?
0:20:14 > 0:20:17If in there, they understood
0:20:17 > 0:20:20why staying put the second time around didn't feel right.
0:20:22 > 0:20:25What was it about that 18-hour siege?
0:20:29 > 0:20:30There's a report.
0:20:30 > 0:20:31On the siege.
0:20:31 > 0:20:33We call it a learning account.
0:20:34 > 0:20:36Can you get it for me?
0:20:37 > 0:20:39Sure. Absolutely.
0:20:49 > 0:20:51SHE DIALS A NUMBER
0:20:51 > 0:20:53PHONE RINGS
0:20:53 > 0:20:54Bethany.
0:20:54 > 0:20:55It's Martha.
0:20:57 > 0:20:59A photographer called Paul McGovern.
0:20:59 > 0:21:03Yeah. Get a pupil to dig out everything you can about him, and...
0:21:03 > 0:21:06And every picture he's taken in Afghanistan.
0:21:06 > 0:21:08And I'll need it by tonight.
0:21:08 > 0:21:10Ah. Drink?
0:21:10 > 0:21:13- Why?- Chat about silk. - Don't need a drink.
0:21:13 > 0:21:14Skip a year, sir.
0:21:14 > 0:21:16Re-group, fatten up your practice,
0:21:16 > 0:21:18think about an application next time around.
0:21:22 > 0:21:23You lied to me.
0:21:23 > 0:21:25No way. What you talking about?
0:21:25 > 0:21:27I can't send work to a set of chambers
0:21:27 > 0:21:29with a senior clerk who lies to me.
0:21:30 > 0:21:34I understand you have to bullshit your barristers to keep them happy.
0:21:34 > 0:21:36I know you have to keep telling them
0:21:36 > 0:21:39just how much sunshine is in their lives,
0:21:39 > 0:21:41or the inner toddler comes out to play.
0:21:42 > 0:21:44But I'm a proper grown-up, Billy.
0:21:44 > 0:21:47My clients are proper grown-ups too.
0:21:49 > 0:21:52I need you to tell me everything.
0:21:54 > 0:21:56And for it always to be true.
0:22:00 > 0:22:01What does mellifluous mean?
0:22:02 > 0:22:06Richard Burton 60 seconds after sex.
0:22:06 > 0:22:08I knew you knew. Why did you lie?
0:22:08 > 0:22:10You said you didn't know what it meant.
0:22:10 > 0:22:13I thought you'd be offended having an inferior vocabulary
0:22:13 > 0:22:15to a man who left school at five.
0:22:15 > 0:22:18Was Martha Costello double-booked?
0:22:20 > 0:22:21No.
0:22:21 > 0:22:24You see how easy it is,
0:22:24 > 0:22:26telling the truth?
0:22:28 > 0:22:30And look what it gets you.
0:22:31 > 0:22:34Private drink driving. 1,500 on the brief.
0:22:34 > 0:22:36- 1,500?- Footballer's wife.
0:22:36 > 0:22:38Right.
0:22:39 > 0:22:40Strictly between you and me,
0:22:40 > 0:22:42we could call it two grand, couldn't we?
0:22:42 > 0:22:44Just don't tell the toddler you give it to.
0:23:12 > 0:23:13- John.- Yeah?
0:23:13 > 0:23:16My prosecuting brief, it's a three-day trial,
0:23:16 > 0:23:18so can you book me in for two nights at Brasenose?
0:23:18 > 0:23:20What's Brasenose?
0:23:20 > 0:23:23- (It's an Oxford college.) - Er... It's an Oxford college.
0:23:23 > 0:23:24My old Oxford college.
0:23:24 > 0:23:26Er, Brasenose.
0:23:26 > 0:23:28- BILLY:- What are you doing in Oxford, sir?
0:23:29 > 0:23:31College reunion.
0:23:31 > 0:23:33Brase...nose.
0:23:33 > 0:23:36- HE CHUCKLES - Calm down, Jake.
0:23:45 > 0:23:46Learning account.
0:23:48 > 0:23:49That's it?
0:23:51 > 0:23:52So...
0:23:52 > 0:23:55One Afghan civilian killed, collateral damage.
0:23:55 > 0:23:59Courageous restraint didn't work, then.
0:23:59 > 0:24:03Who was manning the western wall of the patrol base? Afghan National Army?
0:24:03 > 0:24:04Jumpy and twitchy?
0:24:04 > 0:24:06Oh, you don't know the half of it.
0:24:07 > 0:24:10Off their faces quite often. On duty, in uniform, high as kites.
0:24:10 > 0:24:13Courageous restraint wasn't a concept they grasped at all.
0:24:14 > 0:24:15Who wrote this?
0:24:16 > 0:24:17DOOR OPENS
0:24:26 > 0:24:28I didn't know at the time about the order not to go out.
0:24:28 > 0:24:29Is that usual?
0:24:29 > 0:24:31For a sergeant major?
0:24:31 > 0:24:32Never had it before.
0:24:32 > 0:24:36How would the witness know that? If the CO doesn't tell him, he doesn't know that he doesn't know.
0:24:36 > 0:24:41It's my job to know everything my officer is thinking.
0:24:43 > 0:24:47How did you feel about going out on patrol that day?
0:24:47 > 0:24:49I was worried, because there were only ten of us.
0:24:49 > 0:24:51Two have to stay at the patrol base.
0:24:51 > 0:24:53Did you question what Captain Ryan was doing?
0:24:53 > 0:24:55- Yes.- What was his response?
0:24:55 > 0:24:56He was set on it.
0:24:56 > 0:24:59If you felt that strongly about it, why didn't you press the point?
0:24:59 > 0:25:04It's not my job to keep on disagreeing with my officer once I've told him what I think.
0:25:04 > 0:25:06You can say it once.
0:25:06 > 0:25:08When Private Rivers stood on the IED,
0:25:08 > 0:25:10what happened next?
0:25:11 > 0:25:16The "man down" shout came along the line to me at the rear.
0:25:16 > 0:25:19- At the same time, we came under heavy contact.- What did you do?
0:25:19 > 0:25:21Three things you're trained to do.
0:25:21 > 0:25:25Secure the area, which just means carry on fighting,
0:25:25 > 0:25:27give first aid to the man down,
0:25:27 > 0:25:30secure a spot no less than 500 metres away
0:25:30 > 0:25:32for the chopper to land to get the wounded man out.
0:25:32 > 0:25:34- And were you able to do all that? - No.
0:25:34 > 0:25:36Why not?
0:25:36 > 0:25:38There were nine of us.
0:25:38 > 0:25:41Two of my privates weren't doing well.
0:25:41 > 0:25:42What do you mean by that?
0:25:43 > 0:25:47When you see a colleague lose both his legs
0:25:47 > 0:25:51and you can't get to him because you're pinned down by incoming fire,
0:25:51 > 0:25:53and he's calling out for you,
0:25:53 > 0:25:55it's pretty upsetting.
0:25:56 > 0:26:00Private Bloxham and Private Farrelly
0:26:00 > 0:26:02weren't functioning well as combat troops.
0:26:02 > 0:26:04Meaning?
0:26:04 > 0:26:07They were crying.
0:26:07 > 0:26:09We were effectively seven men.
0:26:12 > 0:26:15Tell us what the wounded Private Rivers was actually saying.
0:26:16 > 0:26:18I'd rather not, sir.
0:26:18 > 0:26:21We all understand your feelings, Sergeant Major,
0:26:21 > 0:26:24but I'm afraid you are going to have to answer the question.
0:26:26 > 0:26:29He was doing what most wounded soldiers do
0:26:29 > 0:26:31when they're still conscious.
0:26:31 > 0:26:33He was calling out for me.
0:26:33 > 0:26:35And when I wasn't coming,
0:26:35 > 0:26:38he was calling out for his mother.
0:26:39 > 0:26:42The chopper landed 70 minutes later.
0:26:42 > 0:26:45Private Rivers died in the helicopter
0:26:45 > 0:26:47on the way back to Bastion.
0:26:47 > 0:26:50And based on all your experience and knowledge,
0:26:50 > 0:26:52what do you think of Captain Ryan's decision
0:26:52 > 0:26:55to go out on patrol with just ten men?
0:26:57 > 0:27:00In my opinion, it was foolish.
0:27:00 > 0:27:02Is that what you're saying in the sergeants' mess?
0:27:02 > 0:27:03No, sir.
0:27:03 > 0:27:05What do you say?
0:27:05 > 0:27:07The G words get used.
0:27:08 > 0:27:11Gung-ho.
0:27:11 > 0:27:12Lust for glory.
0:27:17 > 0:27:18SHE CLEARS HER THROAT
0:27:18 > 0:27:22Do you remember the 23rd of September, 2009?
0:27:23 > 0:27:25Private Owen Gearty was hit
0:27:25 > 0:27:28down an alleyway in a place called Sarkani.
0:27:28 > 0:27:30And what did you do?
0:27:30 > 0:27:32I went down the alley and got him out.
0:27:32 > 0:27:33Alone?
0:27:33 > 0:27:35Yes.
0:27:35 > 0:27:38And why didn't anyone else from your platoon come with you?
0:27:38 > 0:27:40They were ordered not to.
0:27:41 > 0:27:43Were you ordered not to?
0:27:43 > 0:27:45Yes.
0:27:45 > 0:27:48And have you been disciplined for disobeying this order?
0:27:50 > 0:27:51No.
0:27:51 > 0:27:52Did you do the right thing?
0:27:52 > 0:27:54He's alive today.
0:27:54 > 0:27:56Did you do the right thing?
0:27:56 > 0:27:58It's completely different from...
0:27:58 > 0:28:01Were you at Buckingham Palace on June 5th, 2010,
0:28:01 > 0:28:03to receive a gallantry award
0:28:03 > 0:28:07for your bravery in rescuing Private Gearty?
0:28:07 > 0:28:08Yes.
0:28:08 > 0:28:10And was it the Queen who gave it to you?
0:28:10 > 0:28:12Yes.
0:28:12 > 0:28:15So there is a point at which not only is it right
0:28:15 > 0:28:17to disobey an order,
0:28:17 > 0:28:21you get a medal from the Queen for doing so?
0:28:22 > 0:28:25When it really comes down to it,
0:28:25 > 0:28:27it's for your friends that you fight.
0:28:28 > 0:28:31I wasn't about to leave a friend of mine bleeding to death.
0:28:31 > 0:28:36Was the order not to rescue Private Gearty a direct command
0:28:36 > 0:28:38from an officer who was there with you?
0:28:38 > 0:28:39Yes, it was.
0:28:39 > 0:28:43And was that order based on an assessment of risk?
0:28:43 > 0:28:47He would have weighed up the chances of rescuing Private Gearty
0:28:47 > 0:28:52against the chances of losing someone trying to rescue him.
0:28:52 > 0:28:54And who was that officer?
0:28:54 > 0:28:55Captain Ryan.
0:28:57 > 0:28:58The defendant.
0:28:58 > 0:29:03And is that the attitude of someone lusting for glory?
0:29:03 > 0:29:04I don't think the witness can tell us
0:29:04 > 0:29:07what was going on in someone else's mind.
0:29:07 > 0:29:08Well, why not?
0:29:08 > 0:29:11It's his job to know what his officer is thinking.
0:29:25 > 0:29:26Miss Costello!
0:29:27 > 0:29:30From Bethany. From your chambers.
0:29:30 > 0:29:32Oh, thank you.
0:29:37 > 0:29:40You mistook my boy for someone else.
0:29:41 > 0:29:43My dead son.
0:29:44 > 0:29:47I'm sorry, it was unforgivable.
0:29:47 > 0:29:48It's just another job for you.
0:29:48 > 0:29:50No, it really isn't.
0:30:06 > 0:30:07Back to London?
0:30:09 > 0:30:11What's the officers' mess like?
0:30:12 > 0:30:14Did you apply for silk last time?
0:30:15 > 0:30:16Yeah.
0:30:16 > 0:30:18Probably a bit young.
0:30:18 > 0:30:19It's good you didn't get it.
0:30:19 > 0:30:21Why?
0:30:21 > 0:30:22You're hungry.
0:30:22 > 0:30:24I like that.
0:30:29 > 0:30:31Martha Costello got it.
0:30:31 > 0:30:33Yeah.
0:30:33 > 0:30:35She wasn't too young.
0:30:37 > 0:30:39I get into fights with judges.
0:30:39 > 0:30:40You know, I...
0:30:40 > 0:30:42I don't care what they think about me.
0:30:42 > 0:30:45As long as I'm doing the best thing for my client,
0:30:45 > 0:30:46that's all that counts.
0:30:46 > 0:30:48Maybe I... You know...
0:30:48 > 0:30:51Maybe I don't play the game enough.
0:30:57 > 0:30:58I don't normally do this.
0:30:58 > 0:31:01- You're very good at it.- What?
0:31:01 > 0:31:03- Drinking. - SHE LAUGHS
0:31:04 > 0:31:07You're very direct, Captain Cassidy.
0:31:07 > 0:31:09For an officer and a gentleman.
0:31:09 > 0:31:11About some things.
0:31:11 > 0:31:14Bet that you look good on the dancefloor.
0:31:14 > 0:31:19And maybe the directness buys you room not to talk about other things.
0:31:22 > 0:31:24The man who told Sergeant Major Pierce
0:31:24 > 0:31:27not to go down that alleyway in Sarkani,
0:31:27 > 0:31:31and the man who took out a ten-man patrol with the Taliban approaching.
0:31:31 > 0:31:32Same man.
0:31:32 > 0:31:35What changed?
0:31:36 > 0:31:39Maybe I'll just ask him.
0:31:39 > 0:31:41Martha...
0:31:41 > 0:31:44My ears are burning.
0:31:44 > 0:31:47That's because we're talking about you.
0:31:47 > 0:31:48Cheers.
0:31:50 > 0:31:52Learning account.
0:31:52 > 0:31:54Captain Ed Ryan...
0:31:56 > 0:32:00"During an engagement between insurgents
0:32:00 > 0:32:04"and ISAF-stroke-Afghan National Army,
0:32:04 > 0:32:07"a round was fired from the western perimeter of the PB,
0:32:07 > 0:32:11"resulting in the death of one times local national."
0:32:16 > 0:32:17Here she is.
0:32:24 > 0:32:27"One times local national."
0:32:45 > 0:32:46Bed.
0:33:00 > 0:33:01She died in his arms.
0:33:01 > 0:33:03A few minutes after this was taken.
0:33:12 > 0:33:14And then he carried on. Doing his job.
0:33:14 > 0:33:15Being an army officer.
0:33:17 > 0:33:18Sorry.
0:33:18 > 0:33:20So...
0:33:22 > 0:33:24Anyway...
0:33:26 > 0:33:28Do you?
0:33:28 > 0:33:29What?
0:33:29 > 0:33:32Look good on the dancefloor?
0:33:34 > 0:33:36- Don't worry. I'll lead.- You'll lead?
0:33:36 > 0:33:37What is this?
0:33:37 > 0:33:40Men in uniform lose all dignity waving their arms about.
0:33:42 > 0:33:45Close your eyes and this could be Saigon.
0:33:45 > 0:33:48- Or Singapore. - HE LAUGHS
0:33:48 > 0:33:50Or Dar es Salaam...
0:33:50 > 0:33:52THEY LAUGH
0:34:03 > 0:34:05Here you are, mate. Thanks. Keep the change.
0:34:05 > 0:34:08I've been looking for a relationship with a barrister.
0:34:08 > 0:34:10Continuity, commitment,
0:34:10 > 0:34:13knowing someone well enough so you don't have to explain everything twice.
0:34:13 > 0:34:17So any thoughts about who that might be, I'd be grateful.
0:34:21 > 0:34:23THEY LAUGH
0:34:23 > 0:34:25You completely had me there!
0:34:26 > 0:34:28It's a good feeling, actually.
0:34:28 > 0:34:30Not knowing what's coming next.
0:34:32 > 0:34:34This isn't supposed to happen.
0:34:34 > 0:34:36What?
0:34:36 > 0:34:38Falling for a solicitor.
0:34:38 > 0:34:39No.
0:34:39 > 0:34:41- Complicates things.- Yeah.
0:34:41 > 0:34:44Probably, your senior clerk wouldn't like it.
0:34:44 > 0:34:45Nothing to do with him.
0:34:45 > 0:34:47So you should stop yourself...
0:34:50 > 0:34:52..falling.
0:34:54 > 0:34:56Yeah.
0:34:57 > 0:34:58Good.
0:35:08 > 0:35:10I'm a little bit worried about this.
0:35:11 > 0:35:12What is it?
0:35:12 > 0:35:16One thing the army does very well is keep records.
0:35:16 > 0:35:17Your grandfather.
0:35:18 > 0:35:20And what does it say?
0:35:20 > 0:35:21I haven't looked.
0:35:21 > 0:35:25I thought you should decide if you want to read it.
0:35:25 > 0:35:26Then if you don't, nothing has changed.
0:35:28 > 0:35:31And maybe you want to respect his right not to talk about it.
0:35:42 > 0:35:43You're here.
0:35:46 > 0:35:48I'm down there.
0:35:48 > 0:35:50On the right.
0:35:55 > 0:35:57Night.
0:36:18 > 0:36:21SHE DIALS A NUMBER
0:36:22 > 0:36:24PHONE RINGS
0:36:28 > 0:36:30PHONE RINGS
0:36:30 > 0:36:33SHOWER RUNS
0:36:38 > 0:36:41'Hello, this is Clive Reader, please leave a message after the tone.
0:36:41 > 0:36:42'Thanks. Bye.'
0:36:42 > 0:36:43BEEP
0:36:58 > 0:37:00Oh, hi, Marth. It's me.
0:37:00 > 0:37:02Missed your call. Um...
0:37:03 > 0:37:05You probably stayed over.
0:37:07 > 0:37:08Are you, er...
0:37:08 > 0:37:10Are you coming back tomorrow?
0:37:10 > 0:37:12I hope you are.
0:37:13 > 0:37:15Er...
0:37:15 > 0:37:17Need to talk.
0:37:17 > 0:37:18Bye.
0:37:27 > 0:37:30- OK, OK. - SOBBING
0:37:30 > 0:37:32You're OK.
0:37:32 > 0:37:33SOBBING
0:37:33 > 0:37:35Easy, mate.
0:37:39 > 0:37:41SOBBING
0:37:57 > 0:37:59You won't get him to talk about it.
0:37:59 > 0:38:00It helps him.
0:38:00 > 0:38:02Doesn't he see that?
0:38:02 > 0:38:04He had every reason not to want another siege.
0:38:04 > 0:38:07- But when he goes in the witness box, he'll see..- He won't.
0:38:07 > 0:38:09He's not.
0:38:09 > 0:38:10And neither will I.
0:38:18 > 0:38:19Miss Costello.
0:38:19 > 0:38:22Mr McGovern has come a long way at your request.
0:38:22 > 0:38:25Do you have some questions for him?
0:38:25 > 0:38:27SHE CLEARS HER THROAT
0:38:31 > 0:38:37Is it right that Captain Ryan was well regarded by his men?
0:38:37 > 0:38:38Yes.
0:38:38 > 0:38:39- Respected.- Yes.
0:38:40 > 0:38:43Is...
0:38:43 > 0:38:49"Gung-ho" an expression you'd use about Captain Ryan?
0:38:49 > 0:38:50No.
0:38:50 > 0:38:51Lust for glory?
0:38:51 > 0:38:52No.
0:38:52 > 0:38:54Will you take a look at this photograph?
0:38:58 > 0:39:00Thank you.
0:39:03 > 0:39:05Did you take this picture?
0:39:05 > 0:39:06- Yes.- When?
0:39:06 > 0:39:09Just after the siege.
0:39:09 > 0:39:11And how did you feel taking it?
0:39:11 > 0:39:13She was five years old.
0:39:13 > 0:39:15Yes, she was.
0:39:15 > 0:39:16How did you feel?
0:39:17 > 0:39:19I knew it was a good photograph.
0:39:19 > 0:39:20How did you feel,
0:39:20 > 0:39:22Mr McGovern?
0:39:26 > 0:39:28This is what it's all about.
0:39:28 > 0:39:33This is what happens when a weapon of that calibre hits a human being.
0:39:33 > 0:39:35And even at that range,
0:39:35 > 0:39:40with all that distance between weapon and victim, how far?
0:39:40 > 0:39:43Six, seven hundred metres?
0:39:44 > 0:39:46Look what it did to her.
0:39:48 > 0:39:49When they brought her in, I told myself,
0:39:49 > 0:39:52"Just take the picture, just take the damn picture,
0:39:52 > 0:39:54"so the world can see
0:39:54 > 0:39:57"what these things look like."
0:39:57 > 0:39:59And did you show your feelings?
0:39:59 > 0:40:01I sat on my own.
0:40:04 > 0:40:05I had a quiet cry.
0:40:08 > 0:40:14And how did this death, this young life taken,
0:40:14 > 0:40:18how did this make you feel about being there,
0:40:18 > 0:40:20about being at that patrol base?
0:40:20 > 0:40:26It was a constant thing. Something we all carried with us.
0:40:26 > 0:40:27And Captain Ryan?
0:40:27 > 0:40:30I think he changed.
0:40:30 > 0:40:33Sometimes, I'd catch him on his own and he'd have the look on his face.
0:40:33 > 0:40:34The look?
0:40:34 > 0:40:37- I've seen it many times.- What look?
0:40:39 > 0:40:42Lost.
0:40:42 > 0:40:47And when Captain Ryan decided to take that patrol out,
0:40:47 > 0:40:49instead of staying put,
0:40:49 > 0:40:52the day Private Rivers was killed,
0:40:52 > 0:40:58was that decision influenced by his emotional condition?
0:40:58 > 0:41:00Yes, I think so.
0:41:00 > 0:41:02I think he didn't want it to happen again.
0:41:07 > 0:41:10Did you think of Private Rivers as your friend?
0:41:10 > 0:41:11Yes.
0:41:11 > 0:41:14Did you take photographs of Alan Rivers with his legs blown off?
0:41:14 > 0:41:17- Yes. - You took pictures of your friend,
0:41:17 > 0:41:21- with his legs blown off, bleeding to death.- What are you saying?
0:41:21 > 0:41:24Three months after you say you were so badly affected by the siege
0:41:24 > 0:41:27and the death of the little girl?
0:41:27 > 0:41:29I don't understand.
0:41:29 > 0:41:33Professional men and women under extreme pressure can feel upset,
0:41:33 > 0:41:38look lost, wonder, maybe, why they do what they do...
0:41:40 > 0:41:46..and then carry on. They hold it together and carry on.
0:41:47 > 0:41:50An officer can obey an order,
0:41:50 > 0:41:53and a photographer can take pictures of his dying friend.
0:41:53 > 0:41:55That's enough.
0:41:55 > 0:41:57Get him to stop.
0:42:02 > 0:42:04I was with Captain Ryan when he took the order.
0:42:04 > 0:42:06Did he say anything to you?
0:42:10 > 0:42:12Private Bloxham?
0:42:16 > 0:42:18He asked me to keep quiet about it.
0:42:20 > 0:42:22How did he seem to you?
0:42:22 > 0:42:26He was himself. Completely in control.
0:42:28 > 0:42:30And did you...
0:42:30 > 0:42:32keep quiet about it?
0:42:33 > 0:42:37Nobody is going to criticise you for obeying an order, Private Bloxham.
0:42:38 > 0:42:42Would he be dead if I'd had the courage to say something?
0:42:47 > 0:42:53Blown it. All over. So what's our defence now? Huh?
0:42:53 > 0:42:57The very upset, totally honest, 19-year-old private soldier
0:42:57 > 0:43:01whose best buddy's just died is lying in the witness box? I mean, shall we go for that?
0:43:04 > 0:43:07Why the hell didn't you tell me?
0:43:07 > 0:43:11It would have caused anxiety amongst my men if they knew Major Scotter had said don't go out.
0:43:11 > 0:43:14It would have undermined their confidence in me and my authority.
0:43:14 > 0:43:17But I thought at that point, you hadn't made the decision to go out.
0:43:17 > 0:43:23That it was a later decision, wasn't it? When circumstances CHANGED.
0:43:26 > 0:43:29What about the truth?
0:43:29 > 0:43:30Last chance.
0:43:32 > 0:43:35Try the truth, Captain Ryan.
0:43:37 > 0:43:39DOOR SLAMS
0:43:43 > 0:43:46Why was he crying his heart out in your room last night?
0:43:46 > 0:43:51- Just leave it.- It's about protecting him, isn't it? You're the buffer.
0:43:51 > 0:43:54All this grandfather business, and making me think you like me.
0:43:54 > 0:43:56Why were you outside my room?
0:43:58 > 0:43:59DOOR OPENS
0:43:59 > 0:44:02You're back. How's it going?
0:44:02 > 0:44:05What did you want to ask me?
0:44:12 > 0:44:17Do you think I should go for it? Silk?
0:44:17 > 0:44:18Is that what you wanted to say?
0:44:18 > 0:44:21You're the person I trust most in the world.
0:44:23 > 0:44:24Go for it.
0:44:28 > 0:44:31A white ribbon round a Clive Reader brief.
0:44:31 > 0:44:34Will Miss Duggan and her immaculate integrity
0:44:34 > 0:44:36like it if she finds out you're plod friendly?
0:44:37 > 0:44:42Your upstairs and your downstairs need to have a talk, sir.
0:44:42 > 0:44:43Hello, Billy.
0:44:43 > 0:44:45Miss.
0:44:45 > 0:44:46Hello?
0:44:49 > 0:44:52He's pushing you and George together?
0:44:53 > 0:44:55Yes and no.
0:44:55 > 0:44:57- Meaning? - Well, yes, professionally.
0:44:57 > 0:44:58Personally?
0:44:58 > 0:45:02He's against any personal developments.
0:45:02 > 0:45:04- And you?- He doesn't trust me.
0:45:04 > 0:45:06He thinks I'd treat her badly.
0:45:07 > 0:45:10That's not what I was asking.
0:45:10 > 0:45:11Are you all right?
0:45:11 > 0:45:15It's just people not saying things, you know, keeping things back.
0:45:15 > 0:45:18I can't stand it. It's no way to live.
0:45:19 > 0:45:21Marth?
0:45:28 > 0:45:30How did it happen?
0:45:30 > 0:45:32She was a long way away.
0:45:32 > 0:45:34ANA thought she was an enemy insurgent.
0:45:34 > 0:45:37- A very long way, then.- Yeah.
0:45:37 > 0:45:40The L115A3 sniper rifle.
0:45:40 > 0:45:42It's pretty unique.
0:45:42 > 0:45:43Clive.
0:45:43 > 0:45:45- It's brilliant.- Jesus, Clive.
0:45:45 > 0:45:47And it can cause us to make mistakes like this.
0:45:48 > 0:45:50Us?
0:45:50 > 0:45:52Us. The British Army.
0:45:52 > 0:45:54It's a British weapon?
0:45:55 > 0:45:56KNOCK ON DOOR
0:45:56 > 0:45:58Martha...
0:46:01 > 0:46:03He doesn't want me talking to you.
0:46:03 > 0:46:04He was crying.
0:46:04 > 0:46:05He's a soppy drunk.
0:46:07 > 0:46:09Why was he crying?
0:46:09 > 0:46:11I'm not going to talk about it.
0:46:11 > 0:46:12Nor is he.
0:46:12 > 0:46:16Which means he's going down, which means the end of his army career.
0:46:16 > 0:46:18And is that what's best for him?
0:46:18 > 0:46:20Is that where your best buddy loyalty should get us?
0:46:29 > 0:46:32The siege had had a traumatic effect on everyone.
0:46:32 > 0:46:36The prospect of it happening again was...
0:46:36 > 0:46:38would have been very difficult.
0:46:38 > 0:46:42- Why?- The Taliban used civilians. They had civilians with them.
0:46:42 > 0:46:44Including a little girl.
0:46:46 > 0:46:49Are the Afghans good shots?
0:46:49 > 0:46:50No.
0:46:50 > 0:46:54Do they have the kind of weapon to pull off a shot like that
0:46:54 > 0:46:58at the range of 600 metres?
0:46:59 > 0:47:01No.
0:47:01 > 0:47:06If she had been shot by an ANA soldier at that distance,
0:47:06 > 0:47:08would the wound look like this?
0:47:09 > 0:47:11No.
0:47:11 > 0:47:14Who shot her, Captain Cassidy?
0:47:19 > 0:47:22That's for Captain Ryan to answer.
0:47:44 > 0:47:49I asked Private Bloxham not to tell anyone I had received the order.
0:47:49 > 0:47:50I disabled the radio.
0:47:52 > 0:47:54I disobeyed the order.
0:47:58 > 0:47:59Why?
0:47:59 > 0:48:02We had to go out.
0:48:02 > 0:48:04Because of the siege and the death of the little girl?
0:48:04 > 0:48:08Stop calling her that. She's got a name.
0:48:08 > 0:48:09She had a name.
0:48:09 > 0:48:11What was her name?
0:48:14 > 0:48:16It was a sniper, wasn't it?
0:48:18 > 0:48:20Were there any ANA snipers?
0:48:22 > 0:48:25British snipers?
0:48:27 > 0:48:29Two.
0:48:29 > 0:48:30You?
0:48:33 > 0:48:34Private Rivers.
0:48:36 > 0:48:39It was his life, the army.
0:48:45 > 0:48:47I knew what he felt about the job we were doing.
0:48:49 > 0:48:53He believed we were making a difference in Afghanistan.
0:48:53 > 0:48:56I didn't want his parents or anyone else to think of him
0:48:56 > 0:49:00as anything other than a brave soldier.
0:49:00 > 0:49:03Because he was.
0:49:03 > 0:49:06Why would anyone think he wasn't?
0:49:14 > 0:49:17After the siege was over,
0:49:17 > 0:49:23the Taliban retreated when the air support finally arrived,
0:49:23 > 0:49:26and there were two civilians still out there.
0:49:26 > 0:49:29They weren't going anywhere
0:49:29 > 0:49:34and they didn't care about the planes, or us, or anything.
0:49:34 > 0:49:36They brought her in.
0:49:37 > 0:49:41The father carried her, the mother was next to him.
0:49:41 > 0:49:45It's a long walk, 600 metres.
0:49:46 > 0:49:49Her name was Atefa Bashir.
0:49:49 > 0:49:51She died in my arms.
0:49:52 > 0:49:55They thought we could help.
0:49:55 > 0:49:57We couldn't.
0:49:57 > 0:49:59I couldn't.
0:50:01 > 0:50:03I'm sorry.
0:50:05 > 0:50:07Was it Private Rivers?
0:50:16 > 0:50:18There was so much incoming fire.
0:50:18 > 0:50:22We couldn't shoot back because the civilians were...
0:50:23 > 0:50:25One shot.
0:50:25 > 0:50:26That was all.
0:50:28 > 0:50:30He couldn't stop himself.
0:50:30 > 0:50:34From then on, he was traumatized.
0:50:34 > 0:50:38If you were suffering from combat stress,
0:50:38 > 0:50:42surely it would be obvious to the people living alongside him,
0:50:42 > 0:50:43wouldn't it?
0:50:43 > 0:50:45Sergeant Major Pierce.
0:50:46 > 0:50:48Private Bloxham.
0:50:48 > 0:50:54Bravado. Jokes. The film. That was him hiding it.
0:50:56 > 0:50:57That's what he did.
0:50:59 > 0:51:00That's what we do.
0:51:00 > 0:51:03Tell me about the day Private Rivers died.
0:51:06 > 0:51:11It was dusk, and Private Rivers saw them.
0:51:11 > 0:51:13Saw who?
0:51:13 > 0:51:15Afghan civilians.
0:51:15 > 0:51:17Out where they had no reason to be at that time.
0:51:20 > 0:51:23He came to me and he told me...
0:51:23 > 0:51:27"It's happening again," he said.
0:51:28 > 0:51:32He was sure the ANA were giving information to the enemy
0:51:32 > 0:51:35and he was ranting about which one it might be.
0:51:35 > 0:51:36And what did you do?
0:51:39 > 0:51:41I took a look.
0:51:41 > 0:51:43Private Rivers was next to me.
0:51:45 > 0:51:47And?
0:51:50 > 0:51:52I couldn't see them.
0:51:55 > 0:51:57He was shaking and...
0:51:57 > 0:51:59I tried to talk to him,
0:51:59 > 0:52:04but he was just crying and pointing.
0:52:04 > 0:52:05At what?
0:52:09 > 0:52:11He said she was coming.
0:52:12 > 0:52:14She?
0:52:15 > 0:52:17- Atefa.- But?
0:52:17 > 0:52:19He was reliving it.
0:52:22 > 0:52:24He was back in the moment when she was shot.
0:52:24 > 0:52:27That's what happens.
0:52:28 > 0:52:33He was condemned to shooting a small child over and over again,
0:52:33 > 0:52:35and nobody could see that.
0:52:35 > 0:52:37Nobody?
0:52:45 > 0:52:48I believed the Taliban were coming.
0:52:48 > 0:52:52If we stayed put, we'd be defending the base with 12 men
0:52:52 > 0:52:54and Private Rivers, who was...
0:52:57 > 0:53:01When a soldier cracks up, it's impossible for everyone.
0:53:01 > 0:53:05Everything he was doing was completely unpredictable.
0:53:06 > 0:53:08I knew that if we didn't go out...
0:53:12 > 0:53:14HE SIGHS
0:53:19 > 0:53:22It's the last thing they tell you when you leave Sandhurst.
0:53:22 > 0:53:24"Love your men."
0:53:25 > 0:53:27I love my men.
0:53:29 > 0:53:30It was my decision.
0:53:32 > 0:53:34He's dead because of me.
0:53:44 > 0:53:46Leave him alone.
0:53:47 > 0:53:50You leave him alone.
0:54:04 > 0:54:05Mr President,
0:54:05 > 0:54:09have you reached a verdict upon which you are all agreed?
0:54:09 > 0:54:10Yes.
0:54:10 > 0:54:14Do you find the defendant guilty or not guilty of disobeying an order?
0:54:15 > 0:54:16Guilty.
0:54:27 > 0:54:29When an officer disobeys an order,
0:54:29 > 0:54:31it has long-lasting effects
0:54:31 > 0:54:35on the men he commands, the men who must have absolute trust in him.
0:54:35 > 0:54:39You have broken the trust between you and your men.
0:54:39 > 0:54:42It is up to this court to decide
0:54:42 > 0:54:46whether we should send you to prison and discharge you from the army.
0:54:46 > 0:54:49We all believe that your loyalty to your men is not in question.
0:54:49 > 0:54:54But we cannot forget that your actions in disobeying
0:54:54 > 0:54:58an order led to the death of one of your soldiers
0:54:58 > 0:55:01and deprived a mother and a father of their son.
0:55:01 > 0:55:04This is something I know you will have to live with
0:55:04 > 0:55:06for the rest of your life.
0:55:06 > 0:55:08Captain Ryan,
0:55:08 > 0:55:11you will receive a severe reprimand
0:55:11 > 0:55:13and a loss of seniority.
0:55:15 > 0:55:19We hope that you will be able to come to terms with what happened.
0:55:21 > 0:55:25We also hope that you will continue your service...
0:55:26 > 0:55:29..and continue to display the courage
0:55:29 > 0:55:35that you have shown on the battlefield and in this courtroom.
0:56:07 > 0:56:09I think we should go back to our lives.
0:56:25 > 0:56:28Jody Farr's been arrested and charged.
0:56:30 > 0:56:32Conspiracy to import heroin.
0:56:33 > 0:56:35They're putting him as the number one.
0:56:38 > 0:56:40So who do you want?
0:56:40 > 0:56:43There are two silks at Shoe Lane.
0:56:44 > 0:56:47Mister Mellifluous is representing the courier.
0:56:49 > 0:56:50So why do you want her?
0:56:50 > 0:56:54Anyone who goes toe to toe with me and spits in my eye
0:56:54 > 0:56:55is my kind of brief.
0:57:07 > 0:57:09INAUDIBLE CHATTER
0:57:27 > 0:57:29LAUGHTER
0:57:41 > 0:57:43Grandad?
0:57:43 > 0:57:45It's Martha...
0:57:45 > 0:57:49No, no, no, no, no, I just fancied a chat. Yeah!
0:57:50 > 0:57:51How are you?
0:57:51 > 0:57:52No, I'm good.
0:57:52 > 0:57:55No, no, I'm not married yet.
0:57:55 > 0:57:56Cheeky! Yeah.
0:58:02 > 0:58:03What are you doing in Oxford, Clive?
0:58:03 > 0:58:05Sexual assault.
0:58:05 > 0:58:06You do this once and once only.
0:58:06 > 0:58:08You stay out of Miss Duggan's downstairs.
0:58:08 > 0:58:11- You're a very dangerous woman. - You have no idea.
0:58:11 > 0:58:12The business in the toilet.
0:58:12 > 0:58:16There was nobody with me at any stage doing anything.
0:58:16 > 0:58:18When you extinguish hope, there's nothing.
0:58:18 > 0:58:22And when there's nothing, well, we'd better all watch out.
0:58:22 > 0:58:24I thought you might need help.
0:58:24 > 0:58:26We're both interested in seeing these boys go down.
0:58:26 > 0:58:29Non-disclosure of evidence is as serious as it gets.
0:58:54 > 0:58:57Subtitles by Red Bee Media Ltd