Episode 3 Silk


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Transcript


LineFromTo

I trust you most of all. I miss you.

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-CW.

-Martha Costello.

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-Are you looking to move?

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

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Prosecute, and you'll walk into silk.

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-What are you doing in Oxford, sir?

-College reunion.

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Pastures new, sir.

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Does Billy need to know about this?

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A white ribbon around a Clive Reader brief?

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-It's just another job for you.

-No, it really isn't.

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

-No.

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Your upstairs and your downstairs need to have a talk, sir.

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Positive discrimination - is that it? I mean, do women get more...?

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Martha Costello got silk because she's an outstanding advocate.

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-I wasn't...

-Yes, you were.

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We treat each application on its merits.

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You've always been very skilled at saying nothing whilst appearing to say something.

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Let me be very clear, then.

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I'm really not allowed to discuss what was said about your application.

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I'm applying again.

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And, in the interests of natural justice,

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I want to know if there's some kind of blackballing going on.

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I can't comment.

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No reasons given, no feedback,

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I mean, where else in the law would that be regarded as just?

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Or reasonable?

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Wednesbury reasonable.

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Are you threatening us?

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A judicial review of a decision to reject an excellent silk application.

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Now, that would be all over the press.

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Talk to your senior clerk.

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I haven't told him I'm applying.

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Well, I can see why.

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Why did the oyster leave the party early?

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What?

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Because he pulled a mussel.

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Senior members of the Bar don't sleep with their pupils.

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How did you...?

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As I said, I can see why you're leaving your clerk out of it this time round.

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What's that?

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-Miss?

-What are you watching?

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We were just going to give it to you, miss. Right, Jake?

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I need a pupil.

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Er, there aren't any. We're interviewing next week.

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Grab a notebook. Come with me.

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Go for it, Beth. It's fine.

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"Beth"?

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How old do you think "Beth" is, Jake?

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Hello. I'm Tavishi Gupta, CPS solicitor.

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I need clearance for a legal visit.

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Yeah, well, better late than never, Martin.

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And you owe me one, remember.

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He doesn't want me prosecuting.

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-Will that mean there'll be a problem?

-No, he's my clerk. He doesn't dictate what work I do.

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Right.

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-12 turning into three - that'll help us get home on the conspiracy.

-How?

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There's 12 students at the restaurant. They all smash it up, nine of them leave.

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-Leaving the three defendants.

-Who have what in common?

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They're all new members of the club.

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You used to have to eat a hot chilli for every year the club had been in existence.

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That was getting a bit dangerous, so now, instead...

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Sexually assault the waitress, steal her knickers, ruin her life.

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Induction rite, which means it was a plan, an agreement to do something.

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Which makes it a conspiracy.

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Mr Cowdrey's got a con, sir.

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-What, in here?

-Yeah.

-Well, can't he have it in one of the...

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Not really. Sir.

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Drink?

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-You were at Oxford?

-Yeah.

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-Right.

-What?

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-Well, you know.

-No, I don't.

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-You might feel...

-Ask around. Find out what my politics are.

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-Night, Clive.

-You off home?

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-Yeah.

-No con?

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No, it's my first day sitting tomorrow.

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You'll be fine. Just write it all down.

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And don't speak.

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It wasn't me.

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Right.

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-Well, where were you?

-Pub.

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-With lots of your mates?

-Mm-hm.

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You're all over the shop.

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Prints were on the counter.

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I've been there before, innit.

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Glass in your trainers matches the glass from the shop.

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-I walked home that way.

-What, on your way back from the pub?

-Mm.

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-Yeah, about half a mile out of your way?

-Mm.

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The cut on your hand.

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What's another cut?

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So, er, not guilty, then?

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Not guilty.

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Do you always wear that baseball cap when you go shopping?

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Between a quarter and a third off.

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No, not on attempted murder. You don't get nothing off.

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You see, I don't think this is attempted murder.

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This is a section 18 wounding. That's GBH, Ricky.

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-Tell them that.

-I'm gonna try.

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In simple terms, you intended on breaking all his fingers

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but you weren't going for his head. Am I right?

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Don't push me.

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Am I right, Ricky?

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What? You can get them to drop the murder if I roll over on the GBH?

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No. You answer my question and I'll answer yours.

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It depends who the prosecution is and it depends who our judge is.

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No, pleading to GBH, you mean.

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It means they will have to give you credit.

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Does the devil get credit?

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Yes, he does.

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Maybe we should explore why you get angry.

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Oh, yeah.

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Let's do that.

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Why do I lose it? Why does Ricky Armitage go mental on you?

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You want to explore that? Come on then, let's explore, bitch!

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It's all right.

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Tell me about your girlfriend.

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He dissed her.

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Who did?

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-The man in the shop, you dozy bint. Who else?

-And what did he say?

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He called her a whore.

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And were you were there when he said it?

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No. Alexa, my girlfriend, she was there.

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She come home and told me.

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So that's the trigger.

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I can help you.

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Bollocks.

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You got that?

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'His girlfriend is vulnerable

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'and there are care proceedings in the family court for his daughter.'

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He's got a child?

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Get the solicitor to find out what's happening.

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-Why didn't you ask Ricky?

-Well...I want to know first.

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-Are you off home then, miss?

-I might see if someone fancies a drink.

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Mr Reader, maybe?

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Uh, Mr Reader, maybe.

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-What's she like, the victim?

-She's good, Izzy.

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Robust.

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Will she be intimidated by the line-up against her? Of course.

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Line-up?

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Three silks. All privately paid, all very pukka.

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I'm hoping it'll backfire.

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You still haven't answered my question - about not liking the boys.

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I hate them and everything they stand for. Does that matter?

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Well, I think it does a bit. It's important not to get personal.

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PHONE RINGS Sorry.

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George.

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Hi.

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Oh, right. Erm, yeah, OK.

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Yeah, I'll see you in a bit.

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Sorry, that was this, er, solicitor woman. She's on her way here now.

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Listen, she, er...

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She fancies me quite a lot. It's a bit stalker-y, actually.

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Anyway, the thing is, she gets insanely jealous.

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So...

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Would you mind?

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Leaving?

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Would that be...?

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Clive!

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-Who was that?

-CPS solicitor.

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Gave me a very strange look.

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Really? Good con?

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Four pages of form,

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lots of it for violence.

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Crack and smack are his drugs of choice.

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Abused as a child by his uncle when he was four.

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About as damaged as you can get.

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Oh, and he says he's the devil.

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High self-esteem, at least.

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George is coming.

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-Shall I hide under the table?

-She doesn't know I'm prosecuting. She'd hate it if she knew.

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-So just don't...

-No, no, no. Course not.

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Hi.

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-Hi.

-Hello.

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So, erm, what are you doing in Oxford, Clive?

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Sexual assault.

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Oh, and...and who are you for?

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Do you mind if we don't talk about it?

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It makes me feel really uneasy,

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casually discussing... this kind of crime.

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No, I completely understand.

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Shall I...shall I get a bottle?

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My God, you'd want her on your side in a fight.

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Every time.

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So...

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Clive.

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Ready?

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What for?

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Number of past girlfriends?

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What? Oh, God!

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Between ten and 20? More than Nick Clegg?

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Define girlfriend. What is this?

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-Any weird obsessions?

-Like?

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Train spotting, Star Trek, really big diggers.

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None.

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Julie Andrews - yes or no?

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-Well...

-She can run properly, she can throw and her hair is short.

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-What are you saying?

-Well, sometimes with the upper-class English male,

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when it comes down to it, the ideal girl...is a boy.

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She's not really my type.

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Good.

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Just getting a few things clear before...

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Before?

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Before.

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You're a very dangerous woman.

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You have no idea.

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Tell me.

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Show me.

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Jake?

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Yeah. Listen, I need you to, er, to come to The Lamb.

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No, no, no.

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Table by the bar, my jacket - I want you to bring it to me.

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I'm in the disabled toilet.

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No. I can't...I can't leave.

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Jake. Jake?

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Listen to me. Shut up and just do it, all right?

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Thanks.

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Bloody hell.

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Last night.

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Sir?

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It's really very important that Billy doesn't find out.

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About?

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The business in the toilet?

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What business in the toilet?

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Good man.

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What business in the toilet, sir?

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OK.

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Jake, I was on my own in there.

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Yes.

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There was nobody with me, at any stage, doing anything.

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Did you rip your shirt yourself, sir?

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No.

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George Duggan...

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-Wasn't there.

-You've got it.

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I've got it. (And Billy hasn't.)

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Where's the pants?

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What?

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Your three defendants are arrested at the scene.

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Your case is they assault the waitress

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and take the pants off her to use them as what, a kind of trophy?

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She gets away, they stay put, the police arrest them.

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So, where's the pants, Clive?

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See, if I were defence counsel...

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Yes. I know.

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The only thing to leave that pub was the waitress.

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So, one more time...

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I know, Martha.

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Just saying.

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God, whose side are you on?

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Well, it's defending. It's what I do.

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Of course. You'd hammer my lying toerag of a waitress

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into the witness box, wouldn't you,

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on behalf of those...poor students.

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And where does Billy stand on you prosecuting?

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Oh, what, that's an argument? Billy doesn't like it, so it must be wrong? Come on, Martha.

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You do this once and once only.

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You lose George Duggan's work over this

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and I will stuff so much white ribbon down your cakehole

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that it'll be coming out of your arsehole at the same time,

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like the mother of all tapeworms.

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Do you understand?

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Anyway, erm, good luck.

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And you stay out of Miss Duggan's downstairs.

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Still rowing?

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Ed?

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Ed Marmor!

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-How the hell are you?

-Good. My God!

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Fine.

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-So what are you...?

-I'm over for a conference - terrorism and the law.

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Marmor on Terror. I bought it.

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-Did you read it?

-No!

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ED LAUGHS

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Professor Ed.

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Yeah.

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-God, look at us. Prime of life.

-Yeah.

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A couple of big shots.

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Marston Street seems like...ages ago.

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-Best year of my life.

-Yeah?

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You know the hardest thing?

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-It took me years after to belong in the real world. Everything was disappointing after that.

-Ed.

-What?

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-Shut up.

-Absolutely.

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You can't repeat the past. Hey, who said that?

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Someone says it to Gatsby. Gatsby doesn't agree.

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-So, how long are you, um...?

-Rest of the week.

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-Oh, excellent. Listen, we should...

-Shoot the breeze?

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Last night.

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-Tell me what happened.

-You know what happened.

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I want to hear it from you.

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I got a razor and jumped.

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Jumped?

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In the safety net so people don't kill themself off the landing, yeah?

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I went in it, just me and my sharp.

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And I started cutting.

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I was bouncing about and cutting. It was amazing.

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And they couldn't get at me.

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And how did they stop you?

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Some big-arse officer jumped in there with me.

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And did you try and hurt him?

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No, it wasn't about him.

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Can I see?

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You weren't really trying to hurt yourself either, were you, Ricky?

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Why are you here?

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Because you're my client.

0:19:050:19:09

Do you love her, Alexa?

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Or did you just smash up the shop because

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you're an angry man with what, no heart, no feelings?

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RICKY SNORTS

0:19:250:19:27

HE SIGHS

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All rise.

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I think possibly counsel should see Your Honour in chambers?

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It's a small world, the criminal Bar. It happens.

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Can't see there's a problem.

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Hang on. So, prosecuting counsel is applying to join the chambers,

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of which the judge is head, and nobody's supposed to know,

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yet defence counsel does know.

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I mean, I'm sorry, but this is doing my head in.

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Your Honour.

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We rise above.

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We're all capable of conducting ourselves in a professional manner

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and leaving anything personal at the court door.

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And it's a plea, isn't it?

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You're dropping the attempted murder?

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We can't prove intent.

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There.

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Look how grown-up we're all being.

0:20:420:20:45

Oh, er, one thing - the defendant must be happy.

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Are you being nice to me?

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Don't know what you mean.

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Would you have offered this deal if I wasn't a vote that you need?

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All rise.

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Tricky thing is impressing you... and impressing him.

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MEN CHATTER/CLIVE WHISTLES

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What is this?

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A stranger walks in and you all go quiet?

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What?

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Are we in a pub on Dartmoor?

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You all look like a bunch of crows.

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It's a murder.

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Sorry?

0:22:040:22:06

A murder of crows, I think you'll find.

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OK, Izzy.

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I'm here just to say hello.

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And they're here because they're entitled to be and because...

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Actually, why don't you tell her?

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To make sure you don't coach the witness.

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They're really here because they think they can intimidate you.

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But of course they can't.

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Because I'm going to rip them to shreds.

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Tom...McFarland.

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Just wanted to say, whatever happens,

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I know you're just doing your job. Hard feelings won't come into it.

0:23:150:23:18

Well done.

0:23:230:23:24

You OK?

0:23:280:23:30

Fine.

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All three defendants in the dock, together with nine others,

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have pleaded guilty to causing £17,000's worth of damage to the White Hart pub.

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Now, it's a lot of damage, it's a lot of money,

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but it's just property.

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These three are also charged with conspiracy to commit a truly nasty

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and deeply humiliating sexual assault on a 19-year-old girl.

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Now, conspiracy...is an agreement.

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They agreed to assault Izzy Calvin,

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their waitress that night.

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And what did they do?

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They forced her down onto a table, they pulled her skirt up from behind,

0:24:120:24:16

they dragged her knickers down and they took them off her.

0:24:180:24:22

Now, pause. Imagine you're Izzy.

0:24:240:24:27

It's dark.

0:24:300:24:31

You're being forcibly held down, your pants have been ripped off.

0:24:310:24:36

There are three men doing this and they're all very drunk.

0:24:360:24:39

What's going to happen next?

0:24:390:24:41

What else can it be?

0:24:410:24:43

Izzy...believed that she was going to be raped.

0:24:430:24:46

Your Honour, um...

0:24:460:24:49

Jury out.

0:24:490:24:51

I understand your zeal as a prosecutor, Mr Reader.

0:25:020:25:05

The convert is noisier than those who have always belonged.

0:25:050:25:08

But I'm most anxious the jury don't get the wrong end of the stick.

0:25:100:25:14

What would Your Honour like me to do?

0:25:160:25:18

You must ignore anything I said that might suggest this was an attempted rape. It wasn't...

0:25:240:25:29

it isn't...and I'm sorry.

0:25:300:25:33

-Whoops.

-You don't do that. Nobody interrupts an opening speech.

0:25:510:25:54

You don't open rape when it isn't there. Is it your little solicitor girl?

0:25:540:25:59

Is it because you want to get into the knickers of little Miss CPS?

0:25:590:26:02

Argh! Ha-ha-ha. Nerve touched?

0:26:020:26:04

I think Achilles has shown us his heel, and so early in the day.

0:26:040:26:09

I know this is very difficult for you.

0:26:110:26:14

We've all seen the CCTV footage.

0:26:140:26:17

And I'm sure we would all understand if you don't want to answer.

0:26:170:26:22

Your daughter was with you in the shop at the time.

0:26:220:26:26

Can you tell us how she's doing?

0:26:260:26:28

She's not coping.

0:26:300:26:32

Remind us how old she is.

0:26:350:26:38

She's 12 years old and she's wetting her bed.

0:26:380:26:41

She wakes up every half-hour in the night.

0:26:410:26:44

We do not sleep.

0:26:440:26:46

She will not leave the house without me but she will not go to the shop, so I cannot work.

0:26:460:26:51

No questions.

0:26:590:27:00

RICKY BANGS THE GLASS

0:27:000:27:02

I think your client wants you.

0:27:020:27:05

Thank you.

0:27:050:27:07

Ask him what he called my girlfriend.

0:27:140:27:17

-Ricky, that won't help.

-Ask him.

0:27:170:27:20

No, Ricky.

0:27:200:27:21

I'm going to adjourn this. We'll come back on Wednesday.

0:27:290:27:33

I'm warning you, Mr Armitage. Any more of that behaviour and I'll hold you in contempt of court.

0:27:330:27:38

Take him down.

0:27:380:27:39

Nice.

0:27:530:27:55

-It's my restaurant and I told them all to leave.

-And did they?

0:28:030:28:07

No. They started throwing glasses and pulling the pictures off the walls.

0:28:070:28:10

It was mayhem.

0:28:100:28:12

I went up to my office and called 999.

0:28:120:28:15

When I came back down Izzy was gone.

0:28:150:28:16

You went up to your office.

0:28:180:28:20

-Yes.

-Why?

0:28:200:28:22

I don't understand.

0:28:220:28:23

It's a restaurant. Is there another phone?

0:28:230:28:25

-Yes.

-Is it downstairs?

0:28:250:28:28

Yes.

0:28:280:28:29

Why not use it?

0:28:290:28:31

Who is Adam Garside?

0:28:340:28:35

He's a decorator.

0:28:350:28:37

Will you take a look at this, please?

0:28:370:28:39

Is that an invoice from Adam Garside for a re-fit done on The White Hart?

0:28:450:28:49

-Yes.

-And is the date the booking was made to do the work recorded at the top of the invoice?

0:28:490:28:54

Yes, it is.

0:28:540:28:55

And is that date before this incident took place?

0:28:550:28:58

Yes.

0:28:580:29:00

What relation to you is Mr Garside?

0:29:000:29:02

He's my cousin.

0:29:020:29:04

You went upstairs to make your 999 call to allow time

0:29:040:29:07

for the 12 downstairs to do serious damage to the restaurant.

0:29:070:29:10

-I don't follow.

-Well, let me spell it out.

0:29:100:29:13

You allowed it to happen,

0:29:130:29:14

so you can claim the insurance and brighten up your dreary little pub whilst sending work to your cousin.

0:29:140:29:20

-Is it right that all three defendants wrote to you after the incident?

-Yes.

0:29:220:29:27

Were those letters of apology for the damage they'd caused?

0:29:270:29:31

Yes.

0:29:320:29:34

And is it right that the defendants repaid you for the cost of the damage?

0:29:340:29:38

Yes.

0:29:390:29:40

Did you get repaid twice, Mr Craven?

0:29:400:29:43

The insurers...and the defendants.

0:29:430:29:46

Yes.

0:29:510:29:52

What was the point of that?

0:29:540:29:56

How does slagging off the boss make any difference to the question of

0:29:560:29:59

whether or not your boys did their sick business with Izzy?

0:29:590:30:02

Bit ruffled, Reader?

0:30:020:30:04

More puzzled, really.

0:30:040:30:06

-About?

-About how any of you got silk with judgement as poor as that.

0:30:060:30:10

More titillating question is why you didn't.

0:30:100:30:12

Kant versus Bentham - you still for Kant?

0:30:200:30:23

I've had a long day in court.

0:30:230:30:25

Terrorist suspect - 20 minutes to go before the bomb he planted goes off,

0:30:280:30:31

killing thousands of people, destroying the Bodleian and every book in it.

0:30:310:30:35

The answer's no.

0:30:350:30:36

Torture is always wrong. It demeans us all, it reduces us as human beings.

0:30:360:30:41

-It's too big a price to pay.

-What if it's London, hmm?

0:30:410:30:43

What if it's a really dirty bomb and eight million people will die?

0:30:430:30:46

So the higher the number, the harder it is to defend my position?

0:30:460:30:49

Torture one terrorist - save eight million lives.

0:30:490:30:52

Indefensible not to. Your argument becomes absurd.

0:30:520:30:55

-All right. Well, what if we torture him, he doesn't give us the information, but...

-But?

0:30:550:30:59

There's one way to get him to talk.

0:30:590:31:01

If we torture his 5-year-old daughter, he'll cough.

0:31:010:31:04

See? You're happy when the person we're torturing has guilt attached,

0:31:040:31:08

like, maybe he deserves it anyway,

0:31:080:31:10

but put someone innocent in his place... Look what happens.

0:31:100:31:13

I'm glad you stuck to your guns on this.

0:31:130:31:15

-Really? Why?

-Well, I guess I didn't believe you 20 years ago. I thought you were posturing.

0:31:150:31:20

-Why would I have done that?

-Because you were angry.

0:31:200:31:23

And you felt uneasy about all this privilege, so you took up contrary positions.

0:31:230:31:27

-Maybe that's why you went to the Bar.

-What's that got to do with it?

0:31:270:31:31

To defend the indefensible, to keep being angry.

0:31:310:31:33

-I'm prosecuting now.

-Yeah, I heard.

0:31:350:31:39

And I heard who you're prosecuting,

0:31:390:31:41

which leaves the posture question kind of hanging.

0:31:410:31:45

Get me George Duggan. Bethany, bucket of chicken. Go.

0:31:490:31:52

Come on, Jake. Jake?

0:31:530:31:56

-Jake?

-Er, she's not answering.

-Well, where the hell is she?

0:31:560:32:00

Well, she's probably with Mr...

0:32:000:32:02

What's the matter, Jake?

0:32:030:32:05

Cat got your tongue?

0:32:050:32:07

CHORAL SINGING

0:32:120:32:13

PHONE RINGS

0:32:340:32:37

George, hang on.

0:32:370:32:39

You're where?

0:32:390:32:41

-So, are you pleased to see me?

-Yes.

0:32:490:32:51

No, it was just you ringing in the middle of evensong.

0:32:510:32:54

Is there a greater sin?

0:32:540:32:56

No, I was just a bit thrown cos one of the defendants was singing.

0:32:560:32:59

-Your client?

-No, no. Not mine.

0:32:590:33:01

Are they all at this college?

0:33:010:33:03

Erm, no, none of them.

0:33:030:33:05

Brasenose doesn't have any badly behaved men.

0:33:050:33:09

-Are women allowed in here?

-No.

0:33:090:33:11

-SHE GASPS

-How incredibly exciting.

0:33:110:33:13

What if we get... what if we get caught?

0:33:180:33:22

-Clive?

-Yeah?

-How old are you?

0:33:220:33:24

-About 19.

-That's what I thought.

0:33:240:33:26

It'll squeak.

0:33:290:33:31

What?

0:33:310:33:33

Single beds always do.

0:33:330:33:34

You must have had your fair share of single beds.

0:33:410:33:44

My place of safety.

0:33:450:33:48

On my first night at boarding school,

0:33:510:33:53

I must have cried for about four hours,

0:33:530:33:56

trying to keep it quiet, obviously.

0:33:580:34:00

When I went to sleep, I dreamt I was at home. I was looking for my mum.

0:34:020:34:05

I woke up.

0:34:070:34:09

I woke myself up. I was calling out for my mum.

0:34:090:34:12

And the boy in the bed next to me was awake.

0:34:140:34:18

And he said, "It's Lloyd. Sorry."

0:34:180:34:21

-He used his own surname?

-Yeah.

0:34:230:34:26

12 hours in and none of us had Christian names anymore.

0:34:260:34:30

To his credit, he didn't tell anyone in the morning, you know,

0:34:330:34:36

about me crying out for my mum in the night.

0:34:360:34:39

And what became of Lloyd?

0:34:400:34:42

He went on to be quite badly bullied by me.

0:34:440:34:47

SHE LAUGHS

0:34:470:34:49

I'm not interested in mothering you.

0:34:490:34:51

-No?

-No.

0:34:510:34:53

Oh, well.

0:34:530:34:54

Worth a shot.

0:34:540:34:56

More squeaky sex?

0:34:560:34:59

Oh, Lloyd!

0:35:110:35:13

SHE LAUGHS

0:35:130:35:15

Lloyd! Shush!

0:35:150:35:17

She's 10 years old.

0:35:480:35:50

-Who?

-Ella, the daughter.

0:35:500:35:52

Alexa was 15 when she was born. Ricky was 16.

0:35:520:35:55

-I spoke with the barrister that's representing Ricky in the care proceedings.

-And?

0:35:550:35:58

The final hearing's listed the week after Ricky's criminal case.

0:35:580:36:01

She says they're waiting to see what he gets before they decide.

0:36:010:36:05

Whether to take her into care.

0:36:050:36:07

Or not.

0:36:070:36:08

Why did you stop?

0:36:250:36:26

I didn't know she was there.

0:36:280:36:30

And when I did, the way she looked at me, like...

0:36:300:36:32

-Like?

-Ella.

0:36:350:36:37

Your daughter.

0:36:390:36:40

Jamie Slotover.

0:36:580:37:00

-Oh, I can't talk to you.

-I know.

0:37:010:37:03

It's for when this is over and we can talk.

0:37:030:37:05

McFarland Senior is the story.

0:37:050:37:08

Famous daddy puts it on the front page, if the boys are convicted, of course.

0:37:080:37:12

A big inside story on the lawyers.

0:37:120:37:15

Four million readers.

0:37:150:37:17

Don't talk to her. Press scum.

0:37:200:37:23

Izzy Calvin is going to give her evidence but I want to call her last,

0:37:270:37:30

so she has time to settle down and feel less intimidated.

0:37:300:37:34

£30,000 a day this court costs the taxpayer.

0:37:340:37:37

I'm not sitting through three quarters of the prosecution case,

0:37:370:37:40

only for you to pull the plug.

0:37:400:37:42

Won't happen. She'll be fine.

0:37:420:37:45

PHONE BEEPS

0:37:450:37:47

I was in the cell across from them in the police station. I could hear everything they said.

0:37:580:38:02

Posh people always talk loudly, don't they?

0:38:020:38:06

What were they talking about?

0:38:060:38:08

Knickers.

0:38:080:38:09

Or rather, one pair of knickers.

0:38:090:38:11

-Saying what?

-Laughing about how they were skimpy but also frilly.

0:38:110:38:15

And the next afternoon were you released from the police station?

0:38:170:38:21

Yeah. And as I was being processed she came in.

0:38:210:38:24

Who?

0:38:240:38:25

The girl, Izzy.

0:38:250:38:26

-Did you hear what she said?

-She said she'd been sexually assaulted.

0:38:260:38:30

-And this was AFTER you'd heard the three defendants talk about the knickers?

-Hours later.

0:38:300:38:35

You're a liar, Paddy Caffrey.

0:38:420:38:44

-Is that a question?

-You're a liar with a chip.

0:38:460:38:48

You've lost me there.

0:38:500:38:51

Is it right that on the 9th of December 2009, at this court,

0:38:510:38:56

you were convicted of handling stolen goods?

0:38:560:38:58

Yes.

0:38:590:39:00

-An offence of dishonesty.

-You're the lawyer.

0:39:000:39:03

-Are you trying to be funny?

-Are you trying to be a pompous git?

0:39:050:39:09

Look - there's the chip,

0:39:110:39:13

right there on your shoulder.

0:39:130:39:14

That's not a question. That is a gratuitous insult.

0:39:140:39:17

Mr Caffrey!

0:39:170:39:18

Mr Judge?

0:39:180:39:20

Is it right that you were convicted following a trial?

0:39:200:39:23

During which you gave evidence.

0:39:240:39:26

Oh, look. There's long wind coming right out of your arse.

0:39:260:39:29

Mr Caffrey! Final warning.

0:39:290:39:32

Evidence which the jury decided,

0:39:320:39:35

by finding you guilty, was a pack of lies.

0:39:350:39:38

You're a proven liar.

0:39:380:39:39

The jury can make their mind up about trusting you this time round.

0:39:420:39:46

I've heard about the police being not very sympathetic

0:39:540:39:57

with victims of sexual assaults.

0:39:570:39:59

So you were worried about how they'd treat you?

0:39:590:40:01

Yes.

0:40:010:40:03

Did you tell your boyfriend when you got home that night?

0:40:030:40:07

No.

0:40:070:40:08

No?

0:40:080:40:10

What were you frightened of?

0:40:110:40:13

That...he wouldn't understand.

0:40:140:40:16

Not understand what?

0:40:160:40:18

He might think that I'd somehow led them on.

0:40:180:40:21

Why would he think that?

0:40:210:40:23

I don't know.

0:40:250:40:26

Is he the jealous type?

0:40:270:40:29

Yes.

0:40:290:40:31

Is he the type who suggests you do lead people on?

0:40:310:40:34

How did you meet?

0:40:400:40:42

-At the restaurant.

-Did he work there?

0:40:430:40:46

No.

0:40:460:40:47

So how did you meet him?

0:40:470:40:49

He was a customer.

0:40:490:40:51

What, a regular customer?

0:40:510:40:53

No. He just...

0:40:530:40:55

-One night...

-You were his waitress.

0:40:550:40:58

Yes.

0:41:010:41:02

Did one thing lead to another?

0:41:020:41:04

Yes.

0:41:050:41:06

Did you have sex the same night you met?

0:41:080:41:11

Did he leave a tip?

0:41:130:41:15

Your Honour!

0:41:150:41:17

Mr Milson's finished, I think.

0:41:170:41:19

No further questions.

0:41:190:41:20

How many buttons on your shirt were undone?

0:41:280:41:30

-The first three.

-Is the purpose of that to show a bit of cleavage?

0:41:300:41:34

-No.

-Well, why not two buttons?

0:41:340:41:36

How about your skirt - above the knee?

0:41:360:41:39

-Yes.

-How far above the knee?

0:41:390:41:42

-A few inches.

-How many inches?

0:41:420:41:45

-Six.

-Your Honour! Please.

0:41:450:41:47

The line of cross-examination is directly relevant to the defence case.

0:41:470:41:51

I'm happy for the jury to hear this, Mr Reader.

0:41:510:41:55

When you're waitressing,

0:41:570:41:58

is it right that you have to lean across tables to serve customers?

0:41:580:42:03

Yes.

0:42:030:42:04

With a skirt that short, it's highly likely that your knickers are going to be visible, isn't it?

0:42:040:42:08

Which means these defendants would have known that they were skimpy and frilly, wouldn't they?

0:42:080:42:13

-Possibly, but...

-Were you flirting with them?

0:42:130:42:16

The thing about being a waitress is that's sort of part of the job.

0:42:160:42:21

-So the answer is yes.

-A bit.

0:42:210:42:23

But when they got drunk and started smashing the glasses

0:42:230:42:27

I went into the pub bit, out of the way.

0:42:270:42:31

And then you went back.

0:42:310:42:33

They pushed me down on the table and ripped my pants off me.

0:42:330:42:36

Why don't you ask me questions about that?

0:42:360:42:39

Why go back in, if they'd been behaving as they had?

0:42:390:42:42

On your own, in your skirt, six inches above the knee,

0:42:420:42:47

and your shirt, with all those buttons undone,

0:42:470:42:49

in the dark.

0:42:490:42:51

It was dark and I was frightened and it was very confusing.

0:42:550:43:00

So dark that you couldn't see which of the three had hold of you?

0:43:000:43:03

-Really?

-Yes.

-And you had no idea who was taunting you,

0:43:030:43:07

who was doing the so-called egging on?

0:43:070:43:09

-Really?

-I've told you I don't know which of them was doing what.

0:43:090:43:14

You were speaking to them all night, taking orders, joking, flirting.

0:43:140:43:18

Are you asking this jury to believe you couldn't tell their voices apart?

0:43:180:43:22

-What are you saying?

-I'm saying your evidence is a pack of lies.

0:43:220:43:25

The truth is you were making it very clear to them

0:43:250:43:28

that you were more than just their waitress, weren't you?

0:43:280:43:31

Why...why have you sat down?

0:43:370:43:39

-JUDGE:

-Miss Calvin.

0:43:390:43:41

Are you afraid to say it?

0:43:450:43:47

Are you calling me a whore?

0:43:510:43:53

Are you?

0:43:550:43:56

Are you?

0:43:580:43:59

They're going to get off. I can't stand it.

0:44:010:44:04

I thought you might need a bit of help.

0:44:100:44:13

What is this?

0:44:130:44:14

We're both interested in seeing these boys go down.

0:44:140:44:17

Bloody hell.

0:44:290:44:31

The first defendant's father, McFarland Senior,

0:44:330:44:36

and the victim, Izzy Calvin.

0:44:360:44:38

-Crikey.

-Well, it could be her asking for money,

0:44:380:44:40

or it's him trying to pay her off, which is what the journalist thinks.

0:44:400:44:44

Has to be the first.

0:44:440:44:45

She must have gone to him or she would have told you, wouldn't she?

0:44:450:44:48

-It doesn't mean she wasn't assaulted.

-Clive!

0:44:480:44:51

-It doesn't mean she wasn't assaulted.

-No. And I didn't say that.

0:44:510:44:55

What are the defence saying?

0:44:550:44:57

You haven't told them.

0:45:000:45:01

If you're right and Izzy is complicit, you know what will happen.

0:45:010:45:04

The whole case collapses. At best, there'll be a new trial. And she can't go through it all again.

0:45:040:45:09

-Clive!

-If I disclose these to the defence all three of them will walk. They'll get away with it.

0:45:090:45:13

Non-disclosure of evidence is as serious as it gets.

0:45:130:45:16

I know. I know, I know.

0:45:160:45:17

Is this about Izzy, or is this about you?

0:45:190:45:23

What colour are your socks?

0:45:550:45:56

What?

0:45:560:45:58

Your socks - what colour are they?

0:45:580:46:00

Now?

0:46:000:46:01

Now.

0:46:010:46:02

Yellow.

0:46:020:46:04

And what colour are your co-defendants' socks?

0:46:040:46:07

How can he be expected to know?

0:46:070:46:08

Well, let's see if he does, shall we?

0:46:080:46:10

They're yellow.

0:46:130:46:15

How do you know?

0:46:150:46:16

I just know.

0:46:160:46:18

Is it coincidence that you're all wearing yellow socks?

0:46:180:46:20

-No.

-Because you had an agreement to wear them,

0:46:200:46:22

a plan?

0:46:220:46:24

Yes.

0:46:240:46:25

-Made when?

-Start of the trial.

0:46:270:46:29

Signifying what?

0:46:290:46:31

-Well, they're socks.

-No, they're not. They're club socks, aren't they?

0:46:310:46:35

McFarland?

0:46:370:46:39

Yes.

0:46:390:46:40

Yes.

0:46:400:46:42

And wearing them now is a statement of solidarity.

0:46:420:46:45

-If you like.

-If I like or yes?

0:46:450:46:48

-Yes.

-And a clear indication that you all intend to remain in the club,

0:46:500:46:53

whatever happens here.

0:46:530:46:54

It's the three individuals on trial here, Mr Reader,

0:46:540:46:57

not the club and its codes of practice.

0:46:570:47:00

The purpose of the club is to conspire to commit crime.

0:47:000:47:04

My learned friend is getting a little overexcited.

0:47:040:47:06

Wild and unsustainable allegation.

0:47:060:47:08

What else do you do, apart from smash up restaurants?

0:47:080:47:11

It was set up as a cricket club.

0:47:110:47:13

When was the last cricket match involving the club?

0:47:130:47:16

No conferring.

0:47:160:47:18

The coronation.

0:47:190:47:21

I'm sorry?

0:47:210:47:23

1953.

0:47:230:47:25

So, 58 years of smashing up restaurants. (My God.)

0:47:250:47:28

If you like.

0:47:280:47:29

And after this trial, regardless of the outcome,

0:47:310:47:33

you hope to continue with your life of crime?

0:47:330:47:38

You know, some people, maybe even this jury,

0:47:400:47:42

might consider that to be an act of shocking arrogance.

0:47:420:47:45

Is it nature or nurture?

0:47:470:47:49

I...I don't understand the premise of the question.

0:47:490:47:52

Well, not everyone born into a fantastically privileged position

0:47:520:47:56

goes on to lead a life of crime.

0:47:560:47:58

Lots of very rich boys go on to live blameless,

0:47:590:48:02

even constructive existences, despite their backgrounds.

0:48:020:48:07

Ricky Armitage has had a hell of a life.

0:48:110:48:15

And he's made quite a few other lives hell.

0:48:150:48:19

I've heard that when you go to judge school

0:48:190:48:22

they tell you to ignore the fact that the defendant

0:48:220:48:26

has had a childhood filled with abuse, neglect and misery.

0:48:260:48:31

But I think that's wrong.

0:48:310:48:34

And I think there are judges with the independence of mind

0:48:340:48:39

to agree with me.

0:48:390:48:41

You see, aged four, Ricky Armitage had his uncle in bed with him

0:48:410:48:47

most nights for nine months.

0:48:470:48:49

Aged 10, his foster father tied a lit cigarette to his penis

0:48:490:48:55

with an elastic band and made him dance around the coffee table to Leo Sayer.

0:48:550:48:59

Am I wrong in thinking that these two events

0:49:020:49:05

have something to do with why Ricky is a violent man?

0:49:050:49:09

Ricky has two things in his life that he cares about.

0:49:110:49:14

His girlfriend and his daughter.

0:49:140:49:17

He loves them both.

0:49:170:49:20

This...this man, this violent, angry, damaged man,

0:49:200:49:22

who smacks a baseball bat down on another man's fingers,

0:49:220:49:26

has love in his heart for two human beings,

0:49:260:49:28

and, well, I think that's extraordinary.

0:49:280:49:31

I mean, how can a man with so much brutality in his life feel love?

0:49:310:49:36

Well, Ricky can.

0:49:360:49:38

And not only is that extraordinary,

0:49:380:49:42

it also means there's one thing inside him that any judge doing his job well has to recognise.

0:49:420:49:50

And that's hope.

0:49:500:49:51

Don't take that away.

0:49:530:49:54

Don't send him to prison for a length of time that will extinguish hope.

0:49:540:49:59

Because when you extinguish hope,

0:49:590:50:02

there's nothing.

0:50:020:50:04

And when there's nothing,

0:50:040:50:05

well, we'd better all watch out.

0:50:070:50:08

Am I allowed in here?

0:50:240:50:26

No.

0:50:260:50:28

What are you doing here?

0:50:280:50:29

All my exam certificates, all my tennis trophies and squash cups,

0:50:290:50:33

they're all in the big middle drawer of my father's old desk at home.

0:50:330:50:37

-Ed, enough schmaltz.

-Schmaltz?

0:50:370:50:39

Sorry.

0:50:400:50:42

I'm trying not to lose a really big trial.

0:50:420:50:45

People keep things.

0:50:460:50:48

Clubs keep things.

0:50:480:50:50

Clubs have trophy cabinets.

0:50:500:50:53

Secret clubs have secret trophy cabinets.

0:50:530:50:56

Yes, they do.

0:50:560:50:57

-What, you...?

-Shush.

0:51:030:51:05

I'm not even allowed in here, right?

0:51:050:51:07

Why didn't you leave with the other nine when they left?

0:51:170:51:21

We were enjoying ourselves. The waitress was flirting with us.

0:51:210:51:25

Did you talk about her in a sexual way?

0:51:250:51:28

Just, you know, normal remarks.

0:51:280:51:31

-Such as?

-About her legs.

0:51:310:51:33

What about her legs?

0:51:330:51:35

That she had good legs for...

0:51:360:51:38

For?

0:51:380:51:39

For what, a girl?

0:51:390:51:42

For someone her age.

0:51:420:51:43

-How old are you?

-19.

0:51:430:51:46

How old is she?

0:51:460:51:47

19.

0:51:470:51:49

You weren't going to say that, were you, about her age?

0:51:490:51:52

-Say what?

-Well, just now,

0:51:520:51:55

right then,

0:51:550:51:57

you lied to me.

0:51:570:51:59

Good legs for someone her age?!

0:51:590:52:02

Why don't you finish the sentence the way that it came out that night?

0:52:020:52:06

-Good legs for...?

-A slag.

0:52:060:52:08

MURMURS FROM GALLERY

0:52:080:52:10

It's a long way from evensong, isn't it,

0:52:130:52:16

a word that ugly?

0:52:160:52:17

We're none of us just one thing, are we?

0:52:190:52:22

Define slag.

0:52:270:52:30

A girl who sleeps around.

0:52:300:52:32

Does Izzy Calvin sleep around?

0:52:320:52:33

-I don't know.

-You don't know? So why did you call her that?

0:52:330:52:37

OK. One more time.

0:52:370:52:39

Why did three of you stay behind?

0:52:390:52:43

I'll make it easier.

0:52:450:52:46

Why was it the three new members of the club who stayed behind?

0:52:460:52:50

It was your induction, wasn't it?

0:52:530:52:54

Get the knickers, join the club.

0:52:540:52:57

-No.

-Something you felt you could do because of your own innate sense of entitlement.

-No!

0:52:570:53:01

Without regard for your victim. Cold, brutal, unfeeling.

0:53:010:53:05

Well, where are they, then, if we took them off her?

0:53:050:53:08

I bet they're in her drawer in her bedroom at home.

0:53:080:53:10

How much would you like to bet?

0:53:100:53:12

Sorry?

0:53:130:53:15

Your scholarship?

0:53:150:53:17

Your inheritance?

0:53:180:53:20

What are you saying?

0:53:220:53:24

Shall we share the information on that piece of paper with the police?

0:53:360:53:40

Shall we tell them where your club hides its trophies?

0:53:460:53:50

What do we think?

0:53:500:53:52

Do we want the unedifying spectacle of waving a pair of pants around in court?

0:53:520:53:56

Do you want Izzy Calvin to suffer the humiliation of having

0:53:560:53:59

her pants in an exhibits bag being examined by the jury?

0:53:590:54:02

Or shall we get it over with now,

0:54:020:54:05

the honourable way?

0:54:050:54:07

Telford?

0:54:150:54:16

Sorry.

0:54:220:54:24

Don't say it to me.

0:54:240:54:26

I'm sorry.

0:54:310:54:32

I take into account your early pleas of guilty,

0:54:390:54:43

your good character,

0:54:430:54:44

the fact that each of you have written to the owner of the restaurant to apologise,

0:54:440:54:49

that you have paid for the damage you caused,

0:54:490:54:52

and that you have very promising futures in front of you all.

0:54:520:54:56

This was mindless violence

0:54:570:55:00

and it's disgraceful behaviour from young men who should know better.

0:55:000:55:05

It is an attack on the community,

0:55:050:55:07

and it came about because you thought you were above the community,

0:55:070:55:12

not part of it, better than it.

0:55:120:55:14

Well, you're not.

0:55:140:55:17

And I want you to understand that,

0:55:170:55:19

which is why I'm sentencing you each to 120 hours of community service.

0:55:190:55:24

GASPS FROM THE GALLERY

0:55:240:55:25

Clear the dock.

0:55:250:55:27

I want to deal with the three defendants in the trial separately.

0:55:270:55:30

This was an act of mindless violence.

0:55:350:55:38

It had a trigger but that excuses nothing.

0:55:380:55:42

It has two victims - a father and a daughter who,

0:55:430:55:48

I have seen for myself,

0:55:480:55:51

have suffered and will suffer terribly.

0:55:510:55:56

You could be proposed for membership, be rejected

0:56:020:56:05

and never even know that you were proposed in the first place.

0:56:050:56:08

It's all very secretive.

0:56:080:56:10

Not much natural justice.

0:56:100:56:12

Judicially reviewable, probably.

0:56:120:56:15

-What sort of thing would you be rejected for?

-I don't know. If you went to Harrow and not Eton?

0:56:150:56:19

If how angry you were somehow interfered with good manners, you know, that kind of thing.

0:56:190:56:23

Reader!

0:56:230:56:25

What do you want, Milson?

0:56:250:56:27

Do people like you eat humble pie?

0:56:270:56:29

Journalist named Slotover.

0:56:310:56:33

Would I care to comment?

0:56:330:56:35

I'll see you in the Court of Appeal

0:56:360:56:39

and I'll see you in front of the Bar Standards Board.

0:56:390:56:41

This is the end of your career, Reader.

0:56:410:56:43

The real world, huh?

0:56:450:56:47

I didn't disclose them.

0:56:560:56:58

Well, say something.

0:57:060:57:08

Eight years.

0:57:080:57:09

-My God, Marth, that's...

-Right at the top end, but completely unappealable.

0:57:110:57:16

And, coming from our Head of Chambers?

0:57:160:57:18

Unbearable.

0:57:180:57:20

What about you?

0:57:220:57:23

Eight months.

0:57:230:57:24

And how do you feel about that?

0:57:270:57:29

I haven't stopped being angry since it happened.

0:57:290:57:32

-Then, you're a prosecutor.

-It feels like it fits, Marth.

0:57:340:57:37

Like I fit with it.

0:57:390:57:40

Mr Reader, sir.

0:57:430:57:44

You survived.

0:57:440:57:46

The new Mrs Reader's none the wiser

0:57:460:57:49

and you're back on the pink ribbons.

0:57:490:57:51

Night.

0:57:540:57:56

When you're dealing with an escape situation, you keep the van locked.

0:58:120:58:15

That wasn't fighting your own corner. It was cutting his throat.

0:58:150:58:19

-He's dead because of me.

-But that doesn't make you guilty of murder.

0:58:190:58:22

I'm really counting on you here.

0:58:220:58:24

I'd need to be sure of feeling the love in the clerks' room.

0:58:240:58:26

But, if we were looking for prosecutors, Caroline Warwick may not be the way to go.

0:58:260:58:30

You know what, Billy? To be honest, I expected better.

0:58:300:58:33

-I've had a letter from the Bar Standards Board. I really need your help.

-Jesus, Clive.

0:58:330:58:38

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