Episode 3

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0:00:02 > 0:00:05- This is Amy, the new pupil.- Hi. - Billy's going to be here forever.

0:00:05 > 0:00:07And it's going to be John or Harriet, not you.

0:00:07 > 0:00:10I'll leave you here with your family.

0:00:10 > 0:00:14- I can't be only a lawyer, Clive. - But, Martha... - Will you just leave me alone?!

0:00:14 > 0:00:16- It leaked.- But how did it get out? - I don't care!

0:00:16 > 0:00:18You are this close to extinction.

0:00:18 > 0:00:23I'm the only reason that you're allowed to carry on existing, so get used to me, Billy.

0:00:23 > 0:00:26Your clients come first, but where are they, Martha? Here with you now(?)

0:00:26 > 0:00:30Word has it Alan Cowdrey's heading upstairs. There'll be a vacancy for Head of Chambers.

0:01:00 > 0:01:03TV: 'No, I totally disagree. Cases like this exemplify the need

0:01:03 > 0:01:05'for a change in the law.

0:01:05 > 0:01:08'The rights of the individual to choose

0:01:08 > 0:01:13'the circumstances of their own death is a human-rights issue.

0:01:13 > 0:01:16'Sarah Stephens deserves our sympathy, not our censure.'

0:01:16 > 0:01:18Thanks.

0:01:18 > 0:01:20She'll meet you there in an hour.

0:01:21 > 0:01:25Get your mate from Sunday League one from me, will you?

0:01:25 > 0:01:27Ah, where you been, Jakey boy?

0:01:27 > 0:01:32Day's already been seized, strip-searched and sentenced.

0:01:32 > 0:01:37Ran into Toby from Finlay Fraser. Persuaded him to put these...our way.

0:01:37 > 0:01:38- What are they?- Remands.

0:01:38 > 0:01:40- Court?- Balham.

0:01:40 > 0:01:43And what type of court is Balham, Jake?

0:01:43 > 0:01:44Youth court.

0:01:44 > 0:01:45Baby food.

0:01:45 > 0:01:48John, give Russell at Shepherd Row a call

0:01:48 > 0:01:50and tell him we've got some returns coming his way.

0:01:50 > 0:01:54Walk 'em over, would you, Jake? Good boy.

0:01:54 > 0:01:59So will you let them know I'll leave myself free for the six o'clock and ten o'clock as well? Thanks.

0:01:59 > 0:02:00Taxi!

0:02:00 > 0:02:03Does she really think giving interviews on our doorstep is going to intimidate us

0:02:03 > 0:02:06- into not prosecuting her client? - The opposite.

0:02:06 > 0:02:08She's delighted we're prosecuting Sarah Stephens.

0:02:08 > 0:02:11She gets to talk to the world about her favourite subject,

0:02:11 > 0:02:14whilst fighting for a woman she believes in

0:02:14 > 0:02:17- in a case that she thinks could force a change in the law. - A test case.- Yes,

0:02:17 > 0:02:22- with the press and Parliament shining a great big spotlight on it. And you.- Us.

0:02:22 > 0:02:23Us.

0:02:23 > 0:02:25She'll have chosen her battle ground carefully.

0:02:25 > 0:02:27Of course.

0:02:27 > 0:02:30But it's bigger than Aisha Wiseman, a case like this.

0:02:30 > 0:02:32It's why we do what we do.

0:02:33 > 0:02:35It's humbling, really.

0:02:35 > 0:02:38To be part of an argument as important as this.

0:02:38 > 0:02:40PHONE RINGS

0:02:48 > 0:02:50Returns from Shoe Lane.

0:02:52 > 0:02:53Jake?

0:02:54 > 0:02:56Jake Milner?

0:03:00 > 0:03:02Baroness.

0:03:04 > 0:03:05HE CHUCKLES

0:03:07 > 0:03:10The CPS only confirmed the murder charge this morning.

0:03:10 > 0:03:13- You know me, Aisha. - Oh, I know you, Billy.

0:03:13 > 0:03:15First out of the traps. PHONE BEEPS

0:03:15 > 0:03:17Well, I knew it wasn't my body you were after.

0:03:17 > 0:03:21Although...there was a time...

0:03:21 > 0:03:23Was?

0:03:23 > 0:03:26Uncle Billy still using you as his errand boy?

0:03:26 > 0:03:29Finlay Fraser?

0:03:29 > 0:03:30Nice.

0:03:30 > 0:03:32It's baby food.

0:03:32 > 0:03:34But baby criminals turn into big criminals,

0:03:34 > 0:03:38and...well, clerking is all about playing the long game, wouldn't you say, Jake?

0:03:39 > 0:03:42Yeah, absolutely.

0:03:42 > 0:03:44Tell you what,

0:03:44 > 0:03:46you fancy a spot of breakfast?

0:03:47 > 0:03:49Ah...

0:03:49 > 0:03:51I best...be off.

0:03:51 > 0:03:53Here.

0:03:54 > 0:03:57In case you turn up any more work Uncle Billy doesn't want.

0:03:59 > 0:04:02Why is this one so important to you? Your boy's prosecuting, isn't he?

0:04:02 > 0:04:05Sympathy for a family torn apart by tragedy.

0:04:05 > 0:04:08Not going soft in your old age, are you, Billy?

0:04:08 > 0:04:10No, I'm still as hard as I always was,

0:04:10 > 0:04:14Aisha, but I've got this new practice manager who's very into marketing,

0:04:14 > 0:04:16and you are box-office gold.

0:04:16 > 0:04:18More like UK Gold.

0:04:18 > 0:04:19LAUGHS

0:04:19 > 0:04:22I always thought you were a great loss to Parliament, Billy.

0:04:22 > 0:04:25I can just see you whipping the backbenchers into voting for

0:04:25 > 0:04:29some illegal war without them ever quite knowing what they were voting for.

0:04:31 > 0:04:34Straight up, no bollocks,

0:04:34 > 0:04:38you need someone who's going to fight for you all the way.

0:04:38 > 0:04:41Get your client off, get you a landmark decision and a lead on Newsnight.

0:04:41 > 0:04:43I've got just the silk for you.

0:04:43 > 0:04:47She's a cross between Mother Teresa, Martin Luther King

0:04:47 > 0:04:48and a small Rottweiler.

0:04:48 > 0:04:49I thought that was me.

0:04:49 > 0:04:51LAUGHS

0:04:51 > 0:04:52What's her name?

0:04:54 > 0:04:56Shakespeare was here.

0:04:58 > 0:05:00And Elizabeth I.

0:05:04 > 0:05:07You have lots in common, you and Elizabeth.

0:05:07 > 0:05:08Brave, strong...

0:05:08 > 0:05:10- Pale.- Pale.

0:05:10 > 0:05:13- Surrounded by men. - Surrounded by men.

0:05:14 > 0:05:16Saying no to all of them.

0:05:19 > 0:05:21What do you want, Clive?

0:05:29 > 0:05:31You know I'm prosecuting Sarah Stephens?

0:05:34 > 0:05:36Right.

0:05:36 > 0:05:39She admits to giving her tetraplegic daughter a fatal overdose,

0:05:39 > 0:05:41but there's no evidence to suggest she wanted to die.

0:05:41 > 0:05:45In fact, it looks likes the contrary.

0:05:45 > 0:05:47Well, would she plead to assisted suicide?

0:05:47 > 0:05:49We're not offering a deal.

0:05:49 > 0:05:51It's murder.

0:05:51 > 0:05:53There's clear intent to take a life.

0:05:55 > 0:05:58You can argue about an individual's right to die,

0:05:58 > 0:06:02but not putting murder on the indictment here would send a huge message.

0:06:02 > 0:06:05It could open the floodgates to anyone who wants to...

0:06:05 > 0:06:06finish off a burdensome relative.

0:06:08 > 0:06:10We, the law,

0:06:10 > 0:06:12can't allow that to happen.

0:06:15 > 0:06:17HE SIGHS

0:06:18 > 0:06:21It's going to be tough on me, Marth.

0:06:22 > 0:06:24The whole thing's just...

0:06:24 > 0:06:25tragic.

0:06:28 > 0:06:30A life not lived.

0:06:33 > 0:06:35Tomorrow and tomorrow and tomorrow

0:06:35 > 0:06:39creeps in this petty pace from day to day

0:06:39 > 0:06:42to the last syllable of recorded time.

0:06:42 > 0:06:48And all our yesterdays have lighted fools the way to dusty death.

0:06:48 > 0:06:50Out, out, brief candle.

0:06:56 > 0:06:58CHATTER

0:07:04 > 0:07:09- A word, John. - Billy, we're in a meeting.

0:07:16 > 0:07:191995, Pomerol.

0:07:19 > 0:07:21Reasonably good vintage

0:07:21 > 0:07:25for what turned out to be a piss-poor decade for Bordeaux.

0:07:25 > 0:07:29Also the same year we left Forty Five to set up Shoe Lane.

0:07:29 > 0:07:31We had to beg, borrow and steal,

0:07:31 > 0:07:33work 18 hours, sleep on the floor,

0:07:33 > 0:07:37skip meals, family and friends to build this place up.

0:07:37 > 0:07:41I'd line up the cases, and Alan Cowdrey and the two kids would knock 'em down.

0:07:43 > 0:07:47You're a clerk, John - you can't serve two masters.

0:07:47 > 0:07:49Yes, boss.

0:07:49 > 0:07:51Alan Cowdrey's leaving.

0:07:51 > 0:07:54I'd like to do something... special for him.

0:07:55 > 0:07:56Ah, Jake.

0:07:56 > 0:07:59Just been sent over from Aisha Wiseman's office.

0:07:59 > 0:08:00LAUGHS

0:08:00 > 0:08:05Now, that is what you call clerking old-style.

0:08:05 > 0:08:10Rubbish, rubbish, tax bill, Counsel magazine - Jesus Christ.

0:08:10 > 0:08:13Perhaps one of you may care to clerk me -

0:08:13 > 0:08:15old style or new style, I'm easy.

0:08:16 > 0:08:19John, perhaps you could attend to Miss Warwick's needs.

0:08:19 > 0:08:23Jake, could you drop that off in Miss Costello's room? Thank you.

0:08:42 > 0:08:45- I finished that piece of advice. - Ah, thank you, Amy.

0:08:45 > 0:08:47Sorry, miss. Sir.

0:08:47 > 0:08:49Chatline, Jake?

0:08:49 > 0:08:51Yeah!

0:08:51 > 0:08:53Brilliant!

0:08:54 > 0:08:56That looks weighty.

0:08:58 > 0:09:00Sarah Stephens.

0:09:03 > 0:09:04Did you know about this?

0:09:05 > 0:09:06Of course not!

0:09:06 > 0:09:07Really?

0:09:07 > 0:09:10It's as new to me as it is to you, Clive.

0:09:11 > 0:09:13Bingo! How good is that?

0:09:13 > 0:09:15Brief the size of the Titanic's arse.

0:09:17 > 0:09:19Hello, sir.

0:09:21 > 0:09:24Jo was 17 when she had the accident.

0:09:24 > 0:09:27Her last year of school.

0:09:27 > 0:09:29And her boyfriend, Luke Kemp, was driving.

0:09:29 > 0:09:33It was McAllister's fault, the driver of the oncoming car.

0:09:47 > 0:09:52So, a C4 tear in the spinal cord, resulting in

0:09:52 > 0:09:53complete loss of function

0:09:53 > 0:09:56from, and including, the shoulders down.

0:10:00 > 0:10:04She spent five months in hospital, then returned to the family home,

0:10:04 > 0:10:07where you and a team of carers looked after her.

0:10:10 > 0:10:14The night of September the 30th, Sarah,

0:10:14 > 0:10:16what happened?

0:10:20 > 0:10:24I know this is difficult for you,

0:10:24 > 0:10:26but the prosecution case turns on the fact

0:10:26 > 0:10:30that there is no evidence that your daughter wanted to die.

0:10:33 > 0:10:35She said, "If you loved me, you'd kill me."

0:10:35 > 0:10:37That night?

0:10:38 > 0:10:39Often.

0:10:39 > 0:10:43And were there any other witnesses who heard her say it that night?

0:10:45 > 0:10:47Um, wh...what about other times?

0:10:48 > 0:10:50Maybe Harry.

0:10:50 > 0:10:53And that's her brother? And what about the others?

0:10:53 > 0:10:57Fraser and Grace were too little to understand.

0:10:57 > 0:10:58Doctors, carers, your husband?

0:10:58 > 0:11:00Do you have children, Miss Costello?

0:11:00 > 0:11:04Erm, it's Martha, and no, no, I don't.

0:11:04 > 0:11:07A mother knows when her child is pretending.

0:11:07 > 0:11:10She put on a brave face for everybody else,

0:11:10 > 0:11:12but I could see how much she was suffering.

0:11:13 > 0:11:16When she thought no-one could hear her, she'd cry with the pain.

0:11:16 > 0:11:18Physical?

0:11:18 > 0:11:20Physical and emotional.

0:11:21 > 0:11:25Normally, I'd leave her, but... that night, I couldn't.

0:11:27 > 0:11:31I went to her, and she said that she'd had enough

0:11:31 > 0:11:35and that she couldn't go on pretending.

0:11:35 > 0:11:37Now, I have to ask this, Sarah, I'm sorry,

0:11:37 > 0:11:41but you...didn't think of trying to talk her out of it?

0:11:41 > 0:11:43Of course I did.

0:11:43 > 0:11:46But she begged me - what could I do?

0:11:47 > 0:11:50So it was a decision made in the moment?

0:11:50 > 0:11:53That helps us, doesn't it?

0:11:54 > 0:11:56I went on the internet

0:11:56 > 0:11:59and I looked up what combination of her drugs would work

0:11:59 > 0:12:02and then I made up a drip bag.

0:12:02 > 0:12:04And the drugs were kept in a drug safe?

0:12:04 > 0:12:06Yes, I didn't like having them about with the younger ones.

0:12:06 > 0:12:08That's not what I meant.

0:12:08 > 0:12:11So you...you didn't go to the chemist specially?

0:12:11 > 0:12:15The whisky was already in the house as well, wasn't it, Sarah?

0:12:15 > 0:12:17That proves that you didn't plan it.

0:12:17 > 0:12:22And you gave her the whisky after you connected the drip?

0:12:22 > 0:12:23To calm her down.

0:12:24 > 0:12:25Then I sat with her.

0:12:28 > 0:12:29And when she was gone...

0:12:31 > 0:12:32..I called the police.

0:12:32 > 0:12:33Immediately?

0:12:34 > 0:12:36And your husband?

0:12:36 > 0:12:37Mm.

0:12:37 > 0:12:41I don't want Harry called as a witness.

0:12:41 > 0:12:46I'm not happy about having to give evidence myself against my ex,

0:12:46 > 0:12:48against Sarah.

0:12:48 > 0:12:50But asking a son to go against his own mother...

0:12:50 > 0:12:53We don't want anyone to go against anyone, Mr Stephens.

0:12:53 > 0:12:55We just want you and him to tell us what you know.

0:12:55 > 0:12:57He's 15 years old, Mr Reader.

0:12:57 > 0:12:59Harry won't even have to appear in court.

0:12:59 > 0:13:02I'll play a video of his evidence, he'll then be cross-examined via video link.

0:13:02 > 0:13:04He won't see the jury, the court...

0:13:04 > 0:13:06even his mother.

0:13:06 > 0:13:10We'll see if you can sit with him too, if that's any help.

0:13:10 > 0:13:15We need to establish whether she did or didn't express a desire to die.

0:13:17 > 0:13:19Joanna deserves justice.

0:13:20 > 0:13:21You don't have to tell me that.

0:13:23 > 0:13:25I won't pretend, Sarah.

0:13:25 > 0:13:28They have a strong case.

0:13:28 > 0:13:30You intended to end Jo's life,

0:13:30 > 0:13:34and there is no evidence to say she wanted you to.

0:13:34 > 0:13:37You think I should plead guilty to murder?

0:13:37 > 0:13:38I can't tell you how to plead,

0:13:38 > 0:13:42but I think we can make a defence to the murder charge.

0:13:45 > 0:13:47See you in court.

0:13:47 > 0:13:48Yes.

0:13:52 > 0:13:56Whatever you do to keep them sweet, I don't want to know.

0:13:57 > 0:13:58There's nothing to know.

0:13:59 > 0:14:02Present for you. Facts and figures.

0:14:02 > 0:14:06Everything you need to know to become the next Head of Chambers.

0:14:09 > 0:14:10Harriet.

0:14:10 > 0:14:12Drink?

0:14:13 > 0:14:17I've love to, but...I can't.

0:14:17 > 0:14:18Work to do.

0:14:21 > 0:14:23LAUGHS QUIETLY

0:14:26 > 0:14:28Nine-handed violent disorder.

0:14:28 > 0:14:30Lots of serious villains fighting in a pub.

0:14:30 > 0:14:32Good for three weeks.

0:14:32 > 0:14:35You know, John, I think I've underestimated you.

0:14:44 > 0:14:46Ah, Amy Lang.

0:14:46 > 0:14:48Good night, Billy.

0:14:50 > 0:14:52Sometimes, there is a God.

0:14:53 > 0:14:54Still here, Billy?

0:14:54 > 0:14:57Just as evening touches night.

0:14:57 > 0:15:00The number of times that members of chambers have wandered in here

0:15:00 > 0:15:02at this time of night

0:15:02 > 0:15:07without realising they want to tell me what's on the mind or in their heart...

0:15:08 > 0:15:10Sarah Stephens.

0:15:12 > 0:15:15I can't imagine her pain.

0:15:15 > 0:15:16No.

0:15:21 > 0:15:23Are you all right, Billy?

0:15:24 > 0:15:27Mr Cowdrey's leaving do next week.

0:15:27 > 0:15:32Er, he believes in democracy being active,

0:15:32 > 0:15:34which, in plain English,

0:15:34 > 0:15:39means you and Mr Reader standing for Head of Chambers.

0:15:39 > 0:15:43Making everything a bit more complicated.

0:15:43 > 0:15:45How's Amy getting on?

0:15:45 > 0:15:47She's lots to learn, but she's got it.

0:15:47 > 0:15:50Good. Got to look to the future, miss.

0:15:50 > 0:15:52Hm, you're starting to sound like Harriet.

0:15:52 > 0:15:53Our future, not hers.

0:15:53 > 0:15:56Making plans for everyone?

0:15:56 > 0:15:57It's my job, miss.

0:16:05 > 0:16:07Spreadsheets...

0:16:07 > 0:16:09financial planning from my accountant.

0:16:09 > 0:16:13In the pub, on your own, eight o'clock at night?

0:16:14 > 0:16:18OK, OK. The chambers' accounts.

0:16:21 > 0:16:24Harriet thought I should get an overview.

0:16:24 > 0:16:26Head of Chambers?

0:16:30 > 0:16:32Are you interested?

0:16:32 > 0:16:34Flattered.

0:16:34 > 0:16:35Not sure.

0:16:36 > 0:16:38Listen, I'm sorry about earlier.

0:16:38 > 0:16:42I was angry that you were defending Sarah Stephens.

0:16:42 > 0:16:45I'm just sick of us always being... against each other.

0:16:45 > 0:16:47Well, maybe we don't always have to be.

0:16:49 > 0:16:52Sarah Stephens is not a murderer.

0:16:52 > 0:16:55She ended her daughter's life. She's admitted to it.

0:16:55 > 0:16:58She will plead guilty to assisted suicide.

0:16:59 > 0:17:01After all she's been through,

0:17:01 > 0:17:04if you could just get the CPS to drop the murder charge...

0:17:06 > 0:17:07I've told you...

0:17:07 > 0:17:10I think it's a tragedy.

0:17:11 > 0:17:12I can't do a deal on this one.

0:17:15 > 0:17:16Why not?

0:17:17 > 0:17:21Some of you will have elderly relatives in full-time care,

0:17:21 > 0:17:24or disabled relatives, or friends.

0:17:24 > 0:17:29What protects these vulnerable people who are dependent on others

0:17:29 > 0:17:31for their most basic needs?

0:17:31 > 0:17:33It is the law, ladies and gentlemen.

0:17:35 > 0:17:40Now, the defence will argue that Joanna Stephens wanted to die.

0:17:40 > 0:17:43There's no clear evidence of this.

0:17:43 > 0:17:48And, without the victim's consent, the law says that this is murder.

0:17:48 > 0:17:52Even with consent, the law states that it's assisted suicide.

0:17:53 > 0:17:59The defence may even argue that the law itself contravenes Joanna's human right

0:17:59 > 0:18:01to take her own life.

0:18:01 > 0:18:03But remember,

0:18:03 > 0:18:09these are the very laws that protect our elderly loved ones...

0:18:09 > 0:18:12those who are mentally and physically disabled.

0:18:12 > 0:18:14Your relatives and mine.

0:18:16 > 0:18:19While none of us can be anything but profoundly moved

0:18:19 > 0:18:23by the tragedy of the situation that Joanna Stephens found herself in,

0:18:23 > 0:18:28or by the desperately hard situation that Sarah Stephens faced...

0:18:28 > 0:18:31no-one,

0:18:31 > 0:18:34ladies and gentlemen of the jury,

0:18:34 > 0:18:37has the right...to play God.

0:18:43 > 0:18:47What would the life expectancy of someone with Joanna's injuries be, Dr Bell?

0:18:47 > 0:18:50With round-the-clock care, Joanna could easily have lived

0:18:50 > 0:18:52for another 20 or 30 years.

0:18:52 > 0:18:54With advances in medical science -

0:18:54 > 0:18:58stem cell research, exoskeletons -

0:18:58 > 0:19:00she might even have recovered some form of mobility.

0:19:00 > 0:19:05Er, speculation, my Lord. These options do not currently exist.

0:19:12 > 0:19:16Did Joanna ever express to you a desire to die?

0:19:16 > 0:19:18No, she did not.

0:19:23 > 0:19:27Can I refer you to the evidence folder, Dr Bell?

0:19:27 > 0:19:34Er, Page 7. It's Jo's prescription at the time of her death.

0:19:34 > 0:19:38Now, Jo was on a lot of drugs, Dr Bell,

0:19:38 > 0:19:44so can you tell us what some of them are, starting with Item 7.1, please?

0:19:45 > 0:19:47It's an anti-spasmodic.

0:19:47 > 0:19:53The severed nerve endings can cause the paralysed limbs to spasm.

0:19:53 > 0:19:56And 7.2 and 7.3, please?

0:19:56 > 0:19:58Painkillers.

0:19:59 > 0:20:00She was in pain?

0:20:00 > 0:20:05Almost constant. Again, the severed nerve endings.

0:20:05 > 0:20:09So constant pain, with no current treatments,

0:20:09 > 0:20:14resulting in a lifetime of 24 hours a day dependency.

0:20:16 > 0:20:19Did you discuss assisted suicide?

0:20:20 > 0:20:25Joanna was...adjusting to her new circumstances.

0:20:25 > 0:20:28I have no doubt, in time, she would have come to accept them.

0:20:28 > 0:20:32Did you discuss assisted suicide, Dr Bell?

0:20:36 > 0:20:42I explained to her...that doctors take an oath to help heal people

0:20:42 > 0:20:45and that it would be contrary to everything we believe in

0:20:45 > 0:20:47to help a patient die.

0:20:47 > 0:20:52I also explained to her why it was against the law.

0:20:52 > 0:20:56Your ethical opposition would mean it was very unlikely

0:20:56 > 0:21:00that Jo would confide in you her desire to die.

0:21:00 > 0:21:04My Lord, the witness cannot answer for what the deceased would or would not do.

0:21:11 > 0:21:16There's another drug here, Item 7.7. What's that for?

0:21:16 > 0:21:19It's an anti-depressant.

0:21:19 > 0:21:22Jo was clinically depressed?

0:21:22 > 0:21:27She was not...clinically depressed - she was on anti-depressants.

0:21:27 > 0:21:33You're a clinician and you prescribed her with anti-depressants.

0:21:34 > 0:21:37It's quite common for patients such as Joanna

0:21:37 > 0:21:40to be...low about their situation.

0:21:40 > 0:21:42How...low?

0:21:43 > 0:21:48This was only six months on from her accident,

0:21:48 > 0:21:50and with all the upheavals in her and her family's life...

0:21:50 > 0:21:53You knew of Jo's feelings,

0:21:53 > 0:21:55you just didn't take them seriously.

0:21:55 > 0:21:57If Joanna had really wanted to die,

0:21:57 > 0:21:59she could have refused food and water.

0:21:59 > 0:22:02Because she didn't starve herself to death,

0:22:02 > 0:22:05you didn't think Jo was serious about ending her own life?

0:22:05 > 0:22:07- What I meant was... - Thank you, Dr Bell.

0:22:09 > 0:22:11VMS.

0:22:11 > 0:22:13Vasomotor symptoms.

0:22:17 > 0:22:18Hot flushes.

0:22:20 > 0:22:22Like women of a certain age.

0:22:22 > 0:22:26And men having hormone treatment for prostate cancer, I'm afraid.

0:22:26 > 0:22:28But on the upside...

0:22:28 > 0:22:29it's a sign the implants are working.

0:22:31 > 0:22:35I just don't feel...like...a man.

0:22:35 > 0:22:37Have you checked it out recently?

0:22:37 > 0:22:40Too afraid to, just in case there's...

0:22:41 > 0:22:43..nothing.

0:22:49 > 0:22:52Billy. Hi. Erm, I got your note.

0:22:52 > 0:22:53Ah.

0:22:53 > 0:22:58Gustavo. Glass of your finest Sancerre, please.

0:22:58 > 0:22:59CHUCKLES

0:22:59 > 0:23:00Come this way.

0:23:08 > 0:23:10Cheers.

0:23:10 > 0:23:12Glad you had a change of heart, Jake.

0:23:14 > 0:23:16It's only a drink, isn't it?

0:23:18 > 0:23:22Like the mother polar bear when her cub gets stuck on an ice floe,

0:23:22 > 0:23:25so your clerk should be into the freezing waters,

0:23:25 > 0:23:27looking out for you.

0:23:27 > 0:23:28SHE LAUGHS WEAKLY

0:23:28 > 0:23:30But you paid all the costs yourself.

0:23:30 > 0:23:33I see that as an investment.

0:23:33 > 0:23:37Tell me, er, how are you getting on with Martha Costello, miss?

0:23:37 > 0:23:40Um...yeah. I mean, er, I admire her enormously and...

0:23:40 > 0:23:41Good.

0:23:42 > 0:23:44Excellent.

0:23:44 > 0:23:47How much?! Has he got you running up chimneys as well?

0:23:47 > 0:23:49LAUGHS

0:23:49 > 0:23:52I hope you don't mind, I, er... I told them we'd be here.

0:23:52 > 0:23:56Get 'em in, fellas, and, er, one for meself and Jake,

0:23:56 > 0:23:58or I'll send you to work for Billy Lamb!

0:24:01 > 0:24:04No, seriously, Jake, we're a traditional set.

0:24:04 > 0:24:06Defence is what we do.

0:24:06 > 0:24:09We appreciate smart young clerks who've got the nose

0:24:09 > 0:24:12and the rest of the man-tackle to get out there

0:24:12 > 0:24:14and sniff out the new work.

0:24:15 > 0:24:17So...

0:24:17 > 0:24:19RUSSELL WHISPERS

0:24:21 > 0:24:24And I'll tell you what, I'll even throw in a new suit.

0:24:24 > 0:24:26RUSSELL LAUGHS

0:24:26 > 0:24:28Cos we're the Shepherds, eh, lads?

0:24:28 > 0:24:30And we look after our flock.

0:24:30 > 0:24:32- Cheers. - ALL: Cheers.

0:24:35 > 0:24:39See, I don't get a vote. It's up to members of chambers

0:24:39 > 0:24:40which pupil gets in or not.

0:24:42 > 0:24:43But...

0:24:44 > 0:24:48..three quarters of them don't know if the pupil's good enough...

0:24:48 > 0:24:50so they come to me.

0:24:50 > 0:24:52And I tell them.

0:24:52 > 0:24:54Because I know.

0:24:54 > 0:24:59And the don't-knows vote the way I tell them they should vote.

0:24:59 > 0:25:00What are you saying?

0:25:00 > 0:25:02You're in.

0:25:02 > 0:25:06On the basis of what I've seen and what all the solicitors have told me,

0:25:06 > 0:25:07you are Shoe Lane.

0:25:10 > 0:25:12- But I only just started...- No buts.

0:25:12 > 0:25:15- But...- But?

0:25:15 > 0:25:19There is one thing I'll be asking for in return...

0:25:19 > 0:25:22Miss Amy Lang.

0:25:24 > 0:25:25I have to go.

0:25:26 > 0:25:30Er, my boyfriend. I... I was meant to meet him.

0:25:35 > 0:25:36Sorry.

0:25:40 > 0:25:42When did you last see Joanna alive, Mr Stephens?

0:25:42 > 0:25:44Around seven on the evening she died.

0:25:44 > 0:25:46And how would you describe her spirits?

0:25:48 > 0:25:49Good.

0:25:49 > 0:25:55How would you say... Sarah reacted to Joanna's accident?

0:25:57 > 0:25:59Is there a good way to react?

0:26:00 > 0:26:04Erm, well, how did you describe your wife to the police

0:26:04 > 0:26:06on the night that Jo died?

0:26:07 > 0:26:08I was angry.

0:26:09 > 0:26:13Sarah...had an awful burden to bear.

0:26:15 > 0:26:17Can you tell the court what you told the police?

0:26:17 > 0:26:20I think I described her as withdrawn and cut off.

0:26:20 > 0:26:23- And depressed. Was she depressed? - My Lord, the witness is not qualified.

0:26:25 > 0:26:30I'll put it another way. Was Sarah on anti-depressants?

0:26:31 > 0:26:33Mr Stephens.

0:26:34 > 0:26:37Yes.

0:26:37 > 0:26:39Did she find it difficult to cope?

0:26:39 > 0:26:40We all struggled, in our own way.

0:26:41 > 0:26:44And was she the sole carer?

0:26:44 > 0:26:46There was a team, during the day.

0:26:46 > 0:26:48They, er, washed Jo,

0:26:48 > 0:26:50they changed her, fed her,

0:26:50 > 0:26:54administered her drugs. Sarah...sometimes liked to feed Jo.

0:26:54 > 0:26:56Who paid for them?

0:26:56 > 0:26:59The insurance settlement.

0:26:59 > 0:27:01And how much was that settlement for?

0:27:02 > 0:27:03£5 million.

0:27:03 > 0:27:07But it was to support Jo for the rest of her life.

0:27:07 > 0:27:09What happens to the rest of that money?

0:27:09 > 0:27:10It goes to her next of kin.

0:27:13 > 0:27:15You and Sarah.

0:27:15 > 0:27:16He knows it isn't about the money.

0:27:16 > 0:27:18Why did he bring it up?

0:27:18 > 0:27:21Because you plant it in the jury's mind, it sticks there,

0:27:21 > 0:27:23then it colours everything else they hear.

0:27:23 > 0:27:24Well, how do we counter it?

0:27:30 > 0:27:35You and Jo were close prior to her accident?

0:27:35 > 0:27:36Very.

0:27:36 > 0:27:38So she must have been very upset

0:27:38 > 0:27:40when you had an affair and left the family home.

0:27:43 > 0:27:45She was upset that I moved out, yes.

0:27:45 > 0:27:48And afterwards you saw less of Jo?

0:27:48 > 0:27:51I saw her every day.

0:27:51 > 0:27:54But you weren't in a position to judge her frame of mind, hour by hour.

0:27:58 > 0:28:01Did you ever talk to Sarah about Jo wanting to end her life?

0:28:01 > 0:28:03Yes.

0:28:03 > 0:28:05She was set against it.

0:28:05 > 0:28:07And Jo?

0:28:08 > 0:28:11The counsellor helped her greatly.

0:28:11 > 0:28:17And it was your idea to go to the St Jude's Centre for a counsellor?

0:28:17 > 0:28:19Sarah and I agreed it would be a good idea

0:28:19 > 0:28:22for Jo to talk to someone with expertise.

0:28:22 > 0:28:24I am a practising Catholic.

0:28:25 > 0:28:28I asked our priest for advice.

0:28:28 > 0:28:32And you believed that, by last September, Jo was in a better frame of mind?

0:28:32 > 0:28:33Oh, yes.

0:28:34 > 0:28:38Nor had Sarah come round to supporting the view

0:28:38 > 0:28:40that Jo might want to take her own life?

0:28:40 > 0:28:42Not to the best of my knowledge, no.

0:28:42 > 0:28:46Which suggests Sarah's actions, at the very least,

0:28:46 > 0:28:49- was not premeditated.- My Lord...

0:28:53 > 0:28:55How did you feel when you arrived at the house

0:28:55 > 0:28:57of the morning of October the 1st?

0:28:57 > 0:29:00My little girl was dead.

0:29:00 > 0:29:05But you described your feelings as anger to my learned friend.

0:29:05 > 0:29:06Yes, I was.

0:29:07 > 0:29:10After everything she'd suffered...

0:29:11 > 0:29:12..to end like that.

0:29:14 > 0:29:15Nobody has the right...

0:29:21 > 0:29:24I never even got to say goodbye to her.

0:29:25 > 0:29:27Were you angry with your wife?

0:29:27 > 0:29:29And myself.

0:29:29 > 0:29:32If I could have persuaded them not to...

0:29:32 > 0:29:35"Them"? So Jo and Sarah?

0:29:35 > 0:29:36Whoever decided.

0:29:36 > 0:29:41So you admit that, in spite of the counselling,

0:29:41 > 0:29:43Jo might have wanted this?

0:29:43 > 0:29:45No, I mean Sarah.

0:29:46 > 0:29:48She was the adult.

0:29:49 > 0:29:51Sarah did it.

0:29:53 > 0:29:54She gave her the drugs.

0:29:54 > 0:29:57Do you not think Jo might have put on a front for you?

0:29:57 > 0:29:59I beg your pardon?

0:29:59 > 0:30:01Well, maybe she was frightened

0:30:01 > 0:30:03of losing the little bit she had left of you,

0:30:03 > 0:30:06- after you'd run off with your new girlfriend.- We're not together.

0:30:06 > 0:30:09And she knew that you, like her counsellor,

0:30:09 > 0:30:12rejected her right to want to die.

0:30:12 > 0:30:14That's not how it was.

0:30:14 > 0:30:16You were angry, weren't you, Mr Stephens?

0:30:16 > 0:30:19Angry with your God for Jo's cruel accident.

0:30:19 > 0:30:22- No!- And angry with yourself

0:30:22 > 0:30:24for running into the arms of another woman.

0:30:24 > 0:30:26And, however much

0:30:26 > 0:30:30you say you are a reluctant witness,

0:30:30 > 0:30:32you were angry with your wife for being...

0:30:32 > 0:30:36- My Lord, my learned friend is badgering the witness. - ..so caught up in her own grief

0:30:36 > 0:30:39that she couldn't support you in yours,

0:30:39 > 0:30:43and this is the bottom line, Mr Stephens -

0:30:43 > 0:30:47Jo wanted to die, you were just too angry to hear her.

0:30:49 > 0:30:51How dare you?!

0:30:51 > 0:30:54How dare you do that to my husband?

0:30:54 > 0:30:57All you did was belittle him. He's still the father of my children,

0:30:57 > 0:31:00and he's all they'll have when I'm sent to prison.

0:31:05 > 0:31:06Are you all right?

0:31:06 > 0:31:09Yeah...yeah, I'm fine.

0:31:19 > 0:31:20Miss?

0:31:20 > 0:31:23My favourite clerk.

0:31:28 > 0:31:30All right, Billy boy?

0:31:30 > 0:31:31Hmm...

0:31:31 > 0:31:33Must be a chilli or something.

0:31:33 > 0:31:35In an egg and cress?!

0:31:35 > 0:31:36Have to have a word with Chef.

0:31:41 > 0:31:44All right, Billy?

0:31:44 > 0:31:45Are you behaving yourself?

0:31:45 > 0:31:47CHUCKLES

0:31:47 > 0:31:49Chance would be a fine thing, Russell.

0:31:49 > 0:31:51Thanks for sending over your unwanteds.

0:31:51 > 0:31:54Oh, well, my mother always told me to look out for

0:31:54 > 0:31:56those who are...less fortunate than myself.

0:31:56 > 0:31:58Well...

0:31:59 > 0:32:02..any more like him, and we'll be happy to take 'em.

0:32:11 > 0:32:15It's like Al Capone... your nine-hander.

0:32:16 > 0:32:17Meaning, John?

0:32:17 > 0:32:20They can't get them for the big crimes, these boys.

0:32:20 > 0:32:23But they can put them away for kicking the hell out of each other

0:32:23 > 0:32:25in a pub on a Saturday night.

0:32:25 > 0:32:28Same result - horrible men go to prison.

0:32:28 > 0:32:30If they're convicted.

0:32:30 > 0:32:32That's down to you, miss.

0:32:32 > 0:32:35But we're not here to talk about me.

0:32:35 > 0:32:38We're here to talk about us.

0:32:40 > 0:32:42You were Joanna's counsellor, Mr Luckhurst?

0:32:42 > 0:32:46I'd like to think that Jo and I became friends.

0:32:47 > 0:32:49What sort of conversations did you have?

0:32:49 > 0:32:51Frank and open.

0:32:52 > 0:32:56Jo had begun to find her life... meaningful,

0:32:56 > 0:32:58in a much fuller way.

0:32:58 > 0:33:00Only three days before she died,

0:33:00 > 0:33:03she'd agreed to take a trip the following year to France.

0:33:03 > 0:33:06Was she, in your professional opinion, suicidal?

0:33:06 > 0:33:08No.

0:33:09 > 0:33:10And her mother, Sarah?

0:33:12 > 0:33:15Well, I talked with the whole family.

0:33:15 > 0:33:19Sarah seemed firmly against Jo ending her life.

0:33:20 > 0:33:23Were you surprised when you heard what she'd done?

0:33:25 > 0:33:27Yes.

0:33:27 > 0:33:29I'd have to say I was.

0:33:30 > 0:33:31France?

0:33:31 > 0:33:33Yes.

0:33:33 > 0:33:34Where?

0:33:34 > 0:33:35Lourdes.

0:33:35 > 0:33:38The Stephens are Catholic.

0:33:38 > 0:33:41Mr Stephens and the children, at least.

0:33:41 > 0:33:43And was Lourdes Jo's idea?

0:33:43 > 0:33:46The St Jude's Centre organises trips.

0:33:46 > 0:33:49It was they who recommended me to Mr Stephens.

0:33:49 > 0:33:52And this is a Catholic organisation?

0:33:52 > 0:33:54I am a fully qualified counsellor.

0:33:54 > 0:33:57But you practise within the boundaries of the Catholic faith?

0:33:57 > 0:34:01You see, I...I don't see them as boundaries.

0:34:01 > 0:34:04I think Mr Stephens wanted a counsellor who would stress

0:34:04 > 0:34:09the importance, the...the gift of life.

0:34:10 > 0:34:15The Catholic Church believes suicide to be a sin,

0:34:15 > 0:34:17because it's to despair of God's love.

0:34:17 > 0:34:20My Lord, the Catholic doctrine is not on trial.

0:34:20 > 0:34:24The witness's moral code is completely based on Catholic teaching.

0:34:24 > 0:34:26Carry on, Miss Costello.

0:34:32 > 0:34:36After her accident, when you visited Jo...

0:34:37 > 0:34:39..she was in despair.

0:34:39 > 0:34:44Well, it is common in such cases, but...

0:34:44 > 0:34:46she was a bright girl.

0:34:46 > 0:34:52I think she came to a clear understanding and acceptance of her position.

0:34:52 > 0:34:55And did you report your conversations to anyone?

0:34:55 > 0:34:59Yes, I...discussed her progress with her parents.

0:34:59 > 0:35:02Mr Luckhurst, do you not think a bright girl like Jo

0:35:02 > 0:35:05would have guessed that you were telling her father?

0:35:05 > 0:35:10And that she knew both you and he, as Catholics,

0:35:10 > 0:35:12considered suicide to be a sin?

0:35:12 > 0:35:17- My Lord, how can the witness possibly answer that question? - Well, of course he can.

0:35:17 > 0:35:19It's his job to know what people are thinking

0:35:19 > 0:35:22and if he can't then he's not much cop as a counsellor.

0:35:22 > 0:35:24I'm not a clairvoyant.

0:35:24 > 0:35:25Do you pray?

0:35:26 > 0:35:27Every day.

0:35:27 > 0:35:31I take instructions from my client,

0:35:31 > 0:35:34whereas you take instructions from a supernatural entity

0:35:34 > 0:35:36that can't be cross-examined,

0:35:36 > 0:35:41but whose wisdom you ask us to take as read?

0:35:42 > 0:35:44That's a question, Mr Luckhurst.

0:35:44 > 0:35:45Miss Costello.

0:36:05 > 0:36:08Beef Wellington, rare but not bloody.

0:36:08 > 0:36:10Like you ordered, boss, best of British.

0:36:10 > 0:36:14That is Alan Cowdrey.

0:36:19 > 0:36:21When Alan arrives, stick with him.

0:36:21 > 0:36:23You need to look like the anointed one.

0:36:23 > 0:36:25And you make the presentation speech.

0:36:25 > 0:36:27It's the starting pistol for the campaign.

0:36:27 > 0:36:29Boyfriend OK?

0:36:29 > 0:36:32Er...yeah, yeah, he's fine, thank you.

0:36:32 > 0:36:33I should really...

0:36:33 > 0:36:36Of course, Miss Lang. Just a moment.

0:36:36 > 0:36:39I think we need to get something straight between us.

0:36:39 > 0:36:41- I really don't... - No, no, I understand

0:36:41 > 0:36:43that you're young and inexperienced.

0:36:43 > 0:36:46You haven't seen close up how this world works.

0:36:46 > 0:36:48But we're both grown-ups.

0:36:48 > 0:36:51Perhaps I didn't make myself clear before. It's quite simple.

0:36:51 > 0:36:56You give me what I want, and I'll give you what you want.

0:36:56 > 0:36:58It's win/win.

0:36:58 > 0:37:00I'm the gift horse,

0:37:00 > 0:37:02and you're staring straight in his mouth.

0:37:02 > 0:37:06So, put your application for tenancy in.

0:37:13 > 0:37:16When I consider where we started from...

0:37:16 > 0:37:19me and Billy with a telephone, a chair, a desk,

0:37:19 > 0:37:22all of which he got.

0:37:22 > 0:37:25And a very big overdraft, which I got.

0:37:25 > 0:37:29And where we are now, I take immense pride in that.

0:37:29 > 0:37:35But much as you are my family, I have a real family.

0:37:35 > 0:37:39And it's long overdue that I focused on them.

0:37:39 > 0:37:41It's also time that a younger person

0:37:41 > 0:37:45took over the reins here, with the energy to...fight the fight

0:37:45 > 0:37:48that the Criminal Bar has on its hands.

0:37:48 > 0:37:53And we are very lucky to have, in Martha Costello and Clive Reader,

0:37:53 > 0:37:54two outstanding candidates...

0:37:54 > 0:37:56Three.

0:37:57 > 0:37:59Three candidates.

0:37:59 > 0:38:01I'd like to throw my wig into the ring,

0:38:01 > 0:38:06offer the electorate a real choice - a third way, so to speak.

0:38:07 > 0:38:09Quite.

0:38:09 > 0:38:10Well, this is a democracy, after all.

0:38:12 > 0:38:16Whoever wins will have a hard act to follow in this man.

0:38:16 > 0:38:17One of the greats.

0:38:19 > 0:38:21The other thing we had in chambers when we first started

0:38:21 > 0:38:25and one of the reasons for your overdraft was...

0:38:25 > 0:38:26this.

0:38:28 > 0:38:34A good vintage for a good man, who it's been a privilege to clerk.

0:38:35 > 0:38:37Thank you, Billy.

0:38:45 > 0:38:47KNOCKING

0:38:49 > 0:38:51Boss.

0:38:57 > 0:38:59You forget, Jake, I know everything.

0:39:04 > 0:39:06I've been offered First Junior.

0:39:06 > 0:39:08Well, you've ducked and you've dived.

0:39:08 > 0:39:11You've become a clerk, a true clerk. Now go.

0:39:12 > 0:39:13But...

0:39:13 > 0:39:15You broke my heart, Jake.

0:39:17 > 0:39:18Now get out.

0:39:50 > 0:39:52How often did you visit Joanna?

0:39:52 > 0:39:56A few times a week. She was my girlfriend.

0:39:56 > 0:39:58And how did you find it?

0:39:58 > 0:40:01There were fights, before Mr Stephens left.

0:40:02 > 0:40:06- Fights?- More like aggressive silences, you know?

0:40:06 > 0:40:07And after Mr Stephens left?

0:40:08 > 0:40:12I think she found it hard... Sarah...Mrs Stephens.

0:40:12 > 0:40:16She got angry at the others for nothing. Jo said the carers, or even Harry,

0:40:16 > 0:40:18often had to cook them dinner.

0:40:18 > 0:40:19And when you were there?

0:40:19 > 0:40:22She was always upstairs.

0:40:22 > 0:40:23What about Joanna?

0:40:23 > 0:40:26She was amazing. So positive.

0:40:35 > 0:40:36Who's Liane, Luke?

0:40:38 > 0:40:41My girlfriend. Now.

0:40:41 > 0:40:44And when did you start going out with her?

0:40:44 > 0:40:45A while back.

0:40:45 > 0:40:48Before Jo died?

0:40:49 > 0:40:50A week or two.

0:40:50 > 0:40:53And did Jo know you were going out with someone else?

0:40:53 > 0:40:55No.

0:40:55 > 0:40:56How do you know?

0:40:56 > 0:40:59She never said anything.

0:40:59 > 0:41:01Why didn't you tell her?

0:41:01 > 0:41:04Because...you know... it's not nice to find out.

0:41:04 > 0:41:06Especially in Jo's position?

0:41:06 > 0:41:07Yeah. I suppose.

0:41:07 > 0:41:10And you don't think she could have found out?

0:41:10 > 0:41:12She didn't say anything.

0:41:12 > 0:41:14Well, she was a smart girl, Luke.

0:41:14 > 0:41:17She was sensitive and emotionally mature.

0:41:17 > 0:41:21She must have known. Or are you just a very, very good liar?

0:41:21 > 0:41:23She never said she knew.

0:41:23 > 0:41:25You were playing at being her boyfriend.

0:41:25 > 0:41:26That's not true!

0:41:29 > 0:41:33Sarah, why didn't you tell me Luke had a new girlfriend?

0:41:33 > 0:41:35I'm sorry, I didn't...

0:41:36 > 0:41:39You didn't know, did you?

0:41:44 > 0:41:46Why is that important?

0:41:46 > 0:41:48Because something happened to push Jo over the edge

0:41:48 > 0:41:50and convince Sarah to help her.

0:41:50 > 0:41:52Finding out about Luke.

0:41:52 > 0:41:55And it would have been as all her friends went off to uni.

0:41:55 > 0:41:56Leaving Jo behind.

0:42:01 > 0:42:03Mum went to bed early.

0:42:03 > 0:42:06Me and Frase hung out with Jo for a while.

0:42:06 > 0:42:10I put Gracey to bed and then I watched the Arsenal match.

0:42:10 > 0:42:12Were you the last to go to bed?

0:42:14 > 0:42:16And Jo was still alive then?

0:42:19 > 0:42:21When you woke up?

0:42:21 > 0:42:25There were police and doctors all over, and...

0:42:25 > 0:42:28Mum was crying and telling them what she'd done.

0:42:28 > 0:42:30And Fraser and Grace?

0:42:31 > 0:42:36Frase had got up too. Er, he was crying.

0:42:36 > 0:42:38I... I told him to stop, but he wouldn't.

0:42:39 > 0:42:41But... But then Dad came.

0:42:41 > 0:42:43How was he?

0:42:44 > 0:42:49'He was upset, and...and angry.

0:42:49 > 0:42:51'He... He told us to get upstairs.'

0:42:53 > 0:42:55'Thank you very much, Harry.'

0:42:57 > 0:43:01The end of Harry Stephens' recorded evidence?

0:43:01 > 0:43:02Yes, my Lord.

0:43:02 > 0:43:04Is the live link ready for the cross-examination?

0:43:07 > 0:43:12Hello, Harry. Bear with us while we get things in order at this end.

0:43:18 > 0:43:20CLEARS THROAT

0:43:20 > 0:43:22Hello, Harry.

0:43:22 > 0:43:24Now, my name's Martha,

0:43:24 > 0:43:27and I'm going to be asking you some questions.

0:43:27 > 0:43:29- OK.- OK.

0:43:29 > 0:43:35Now, when did Jo find out that Luke had another girlfriend, Harry?

0:43:35 > 0:43:38Fraser had told her a week before.

0:43:38 > 0:43:40I...I beat him up for that.

0:43:40 > 0:43:44- Why?- Because with all the other shit in her life she didn't need that.

0:43:44 > 0:43:47Was she upset about it?

0:43:47 > 0:43:49No. She was cool.

0:43:51 > 0:43:56Now, Harry, did Jo tell you that she wanted to die?

0:43:56 > 0:43:58No!

0:43:59 > 0:44:02Look, Harry, we have to ask you these questions,

0:44:02 > 0:44:06because you were the last person to see Jo alive.

0:44:06 > 0:44:11I...don't know! She... She never said. I...I told you.

0:44:12 > 0:44:18Now, your father...and Jo's doctor have both said that

0:44:18 > 0:44:21in the early days after the accident, that Jo was very low.

0:44:21 > 0:44:24Now, your mother has said

0:44:24 > 0:44:28that Jo might have told you she wanted to die then.

0:44:28 > 0:44:33Maybe then, early on. But...not later.

0:44:33 > 0:44:34So when was the last time?

0:44:34 > 0:44:37I don't... I don't know.

0:44:37 > 0:44:38A few weeks before?

0:44:38 > 0:44:39Yeah. Weeks.

0:44:39 > 0:44:41So she did tell you?

0:44:41 > 0:44:42Um...

0:44:44 > 0:44:46Could I have Patrick's evidence?

0:44:46 > 0:44:47Thank you.

0:44:52 > 0:44:56Now, your father said that the carers gave Jo her drugs. Is that correct?

0:44:56 > 0:44:58Mum didn't like to,

0:44:58 > 0:45:00in case she got it wrong, she said.

0:45:00 > 0:45:03And if there was an emergency and the carers weren't there to give Jo her drugs,

0:45:03 > 0:45:05would your mum do it?

0:45:05 > 0:45:06No. I did.

0:45:06 > 0:45:09You did?

0:45:09 > 0:45:12So the drug safe... Now, did your mother give you the code?

0:45:12 > 0:45:14No, I, um...

0:45:15 > 0:45:18- Harry?- I texted the carers.

0:45:21 > 0:45:23What the hell was that?

0:45:23 > 0:45:25Her story doesn't add up.

0:45:25 > 0:45:28Your job is to make it add up, not to undermine it.

0:45:28 > 0:45:32If you would just let me call Fraser and Grace.

0:45:32 > 0:45:34When Fraser showed Jo the photograph of Luke,

0:45:34 > 0:45:37maybe she said something to him then.

0:45:37 > 0:45:39- No. - Well, surely, she must

0:45:39 > 0:45:41have told somebody else about how she felt.

0:45:44 > 0:45:46Look, I'm sorry, Sarah, but things just don't add up.

0:45:46 > 0:45:51Do you know what Clive Reader will do with you in cross-examination?

0:45:51 > 0:45:54It is his job to tear you apart.

0:45:54 > 0:45:56I've given you my instructions.

0:46:01 > 0:46:04And what was it that changed your mind that night?

0:46:05 > 0:46:08I'd listened to her crying enough.

0:46:09 > 0:46:11I'd watched Jo suffer enough.

0:46:14 > 0:46:15Thank you.

0:46:27 > 0:46:29Enough?

0:46:30 > 0:46:32I beg your pardon?

0:46:32 > 0:46:35You'd watched her enough? You'd listened to her enough?

0:46:35 > 0:46:37Yes.

0:46:37 > 0:46:39Enough for who - you or her?

0:46:40 > 0:46:41No.

0:46:41 > 0:46:43You weren't coping, were you, Sarah?

0:46:43 > 0:46:48Witness after witness has told us - your husband, Joanna's boyfriend,

0:46:48 > 0:46:49even your own son.

0:46:49 > 0:46:52I was doing my best.

0:46:52 > 0:46:55We can only imagine how difficult that must have been for you...

0:46:57 > 0:46:58..this terrible, terrible accident,

0:46:58 > 0:47:04leaving your lovely daughter as helpless as she was when she was a...a baby.

0:47:04 > 0:47:09And you, on your own, without your husband,

0:47:09 > 0:47:11facing the rest of your life looking at your child in pain.

0:47:13 > 0:47:16Jo was trapped, but... you were trapped with her.

0:47:17 > 0:47:19Joanna's death freed you, didn't it?

0:47:19 > 0:47:21No.

0:47:21 > 0:47:25On the 30th of September, after you came downstairs

0:47:25 > 0:47:27and found your daughter crying in pain,

0:47:27 > 0:47:31did you look up a combination of her drugs that would kill her?

0:47:35 > 0:47:36Sarah?

0:47:38 > 0:47:40I mixed the drugs.

0:47:40 > 0:47:43Not only that, did you take the drugs from the drug safe?

0:47:43 > 0:47:45Yes.

0:47:45 > 0:47:50You see, both these things, and the connecting of the bag to the drip,

0:47:50 > 0:47:53without witnesses, or proof that Joanna wanted to die,

0:47:53 > 0:47:57all add up to murder in the eyes of the law.

0:48:00 > 0:48:05"If you loved me, you'd kill me", that's what she said.

0:48:11 > 0:48:13We have only your word for that.

0:48:26 > 0:48:29(Don't ever do what I'm about to.)

0:48:36 > 0:48:39What's the code for the drug safe, Sarah?

0:48:42 > 0:48:45Well, is it letters? Or is it numbers?

0:48:46 > 0:48:47Numbers.

0:48:47 > 0:48:50A combination of letters and numbers.

0:48:50 > 0:48:53Why did you give her a glass of whisky?

0:48:53 > 0:48:55To calm her down, in case the drugs...

0:48:55 > 0:48:58Well, the website you say you consulted

0:48:58 > 0:49:02says alcohol should be given to accelerate the effects of the drugs.

0:49:02 > 0:49:06What are you doing? Why are you doing this? Stop!

0:49:08 > 0:49:10You're supposed to be on my side.

0:49:10 > 0:49:12I am on your side.

0:49:12 > 0:49:15That's why I don't want you convicted of something you didn't do.

0:49:15 > 0:49:18I did it. I told you.

0:49:18 > 0:49:22Murder carries a mandatory life sentence, Sarah.

0:49:22 > 0:49:25You won't see your children grow up.

0:49:25 > 0:49:28- Can I have a word? - I'm talking with my client.

0:49:35 > 0:49:38Three years ago, I got pregnant.

0:49:38 > 0:49:43And I'd always said, if the time wasn't right,

0:49:43 > 0:49:45then I'd terminate the pregnancy.

0:49:45 > 0:49:48But when it came to it I couldn't do it.

0:49:48 > 0:49:52So I can't begin to imagine what it must feel like

0:49:52 > 0:49:55having your teenage daughter begging you to help her to die.

0:49:58 > 0:50:01- Are you covering for someone? - No.

0:50:02 > 0:50:05I think you're covering for your son.

0:50:05 > 0:50:08I can't bear to lose another child.

0:50:09 > 0:50:13I can't represent you if I know you're lying.

0:50:13 > 0:50:15- But I'm willing to take the blame. - Sarah...

0:50:15 > 0:50:17Our justice system doesn't work like that.

0:50:17 > 0:50:21Please, Sarah, let me recall Harry.

0:50:21 > 0:50:23Harry...

0:50:23 > 0:50:25He had the code.

0:50:27 > 0:50:30It wasn't him?

0:50:30 > 0:50:33Fraser, my name is Martha,

0:50:33 > 0:50:35and I'm trying to help your mummy.

0:50:35 > 0:50:39Now, she told me that you made a deal

0:50:39 > 0:50:41about what happened the night Jo died.

0:50:41 > 0:50:45And that you weren't to tell anyone what you did.

0:50:45 > 0:50:49But...she's in a lot of trouble now...

0:50:50 > 0:50:53..and she needs you to tell us.

0:50:53 > 0:50:58Can you do that for me... and your mum?

0:51:00 > 0:51:04Could you tell us... what happened that night?

0:51:11 > 0:51:14Harry went to watch the football,

0:51:14 > 0:51:18but Jo asked me to stay...and look up something for her on her laptop.

0:51:22 > 0:51:25I could see it was about killing and stuff.

0:51:25 > 0:51:29I...I told her I didn't think we should be looking at this.

0:51:29 > 0:51:32But she said, I'd see, when she was gone.

0:51:35 > 0:51:37She said everything would be better...

0:51:39 > 0:51:40Dad would come back.

0:51:41 > 0:51:43Mum would be happier.

0:51:46 > 0:51:48She was lying.

0:51:48 > 0:51:51That was never going to happen.

0:51:51 > 0:51:54It's OK, Fraser. Now...

0:51:54 > 0:51:59can you tell me how you got into the drug safe?

0:52:03 > 0:52:05She told me Harry had a code on his phone.

0:52:07 > 0:52:08And then?

0:52:09 > 0:52:13And how much of her medicines to put in one of the bags.

0:52:13 > 0:52:15The drip bags?

0:52:17 > 0:52:20But Harry was still watching football,

0:52:20 > 0:52:23so...she told me to go to bed,

0:52:23 > 0:52:25pretend to be asleep

0:52:25 > 0:52:28and wait for him to go to sleep.

0:52:28 > 0:52:31And later you got up

0:52:31 > 0:52:33and you connected the drip?

0:52:35 > 0:52:38And I...I gave her whisky too, cos it...it told me to.

0:52:40 > 0:52:42Where was your mum?

0:52:42 > 0:52:44'Jo told me not to wake her up

0:52:44 > 0:52:47'until I was sure she wasn't breathing any more.

0:52:49 > 0:52:53'She told me this trick, with her breath on a mirror, so I could tell.'

0:52:56 > 0:52:58'Do you know why Jo didn't want your mum

0:52:58 > 0:53:01'to know what you were doing?

0:53:01 > 0:53:03'She said she'd only try and stop her.

0:53:05 > 0:53:07'Jo and Mum were always arguing.

0:53:10 > 0:53:15'Mum said she was too young, and...too many people loved her.

0:53:17 > 0:53:19'Fraser...

0:53:19 > 0:53:23'did you film her on your phone that night?

0:53:26 > 0:53:29'I didn't want to, but...she told me to.'

0:53:41 > 0:53:42And do we have this film?

0:53:42 > 0:53:44Yes, my Lord.

0:53:52 > 0:53:53'Is it recording?

0:53:54 > 0:53:56'Fraser, it's important.

0:53:57 > 0:53:59'Mum, Dad, I love you both.

0:54:00 > 0:54:03'But this is what I want.

0:54:04 > 0:54:06'For a long time...

0:54:06 > 0:54:08'but most especially now.

0:54:09 > 0:54:12'And don't blame Fraser - he's only doing what I've asked him to.

0:54:12 > 0:54:17'And Harry and Grace and Fraser, I love you too,

0:54:17 > 0:54:19'but I just can't do it any more.

0:54:20 > 0:54:22'Don't cry, baby bro.

0:54:24 > 0:54:25'Turn it off.'

0:54:29 > 0:54:30SHE WHISPERS

0:54:33 > 0:54:35AISHA CLEARS THROAT

0:54:41 > 0:54:45The Crown has considered its position and, in all circumstances,

0:54:45 > 0:54:48we will not be offering any more evidence.

0:54:49 > 0:54:52The defendant is free to go.

0:54:52 > 0:54:56And, in the light of Fraser Stephens' confession, we will...

0:54:56 > 0:54:58review the case.

0:54:58 > 0:54:59No!

0:54:59 > 0:55:04Mr Reader, it's not my job to advise the CPS, but might I express the court's view

0:55:04 > 0:55:06that this case be reviewed as a matter of urgency?

0:55:06 > 0:55:08Yes, my Lord.

0:55:34 > 0:55:36They're back.

0:55:43 > 0:55:45It's over.

0:55:45 > 0:55:47We won't prosecute Fraser.

0:56:06 > 0:56:08Yeah...

0:56:08 > 0:56:10I've known for months, but, um...

0:56:12 > 0:56:14..haven't told anyone...

0:56:17 > 0:56:20Er...it's not easy to say this...

0:56:22 > 0:56:24I got your message.

0:56:24 > 0:56:26You won, miss!

0:56:31 > 0:56:37Everyone should have control over the manner of their departure.

0:56:39 > 0:56:41Jake's resignation for Shepherds Row.

0:56:41 > 0:56:45In one move, he's raised the IQ of both establishments.

0:56:45 > 0:56:47CHUCKLES

0:56:47 > 0:56:49Ah, kids grow up, Billy.

0:56:49 > 0:56:53You've got to let them get on with their own lives.

0:56:54 > 0:56:56I, um...

0:56:58 > 0:57:01..I want you to be the next Head of Chambers.

0:57:01 > 0:57:03No, no, you don't need me to do that.

0:57:03 > 0:57:05I do, miss...

0:57:06 > 0:57:08..because I won't be here.

0:57:13 > 0:57:15Because I'm dying.

0:57:27 > 0:57:29I've said it now.

0:57:31 > 0:57:33That wasn't so bad.

0:57:48 > 0:57:50You promising her tenancy...

0:57:50 > 0:57:53- So?- With your hand on her knee?

0:57:53 > 0:57:56- Sorry, I'm just a bit stressed. - We're all stressed, duckie - it's the Criminal Bar.

0:57:56 > 0:57:59- The US want to extradite my nephew, Rashid. - I'm not an extradition lawyer.

0:57:59 > 0:58:01Clive, you've done extradition.

0:58:01 > 0:58:03Never again, because you lose.

0:58:03 > 0:58:05I'm professionally embarrassed.

0:58:05 > 0:58:08- He's lying!- You know what you said!

0:58:08 > 0:58:09I'm warning both of you.

0:58:09 > 0:58:12What if I told you that Rashid was involved?

0:58:12 > 0:58:13I wouldn't believe you.

0:58:13 > 0:58:15I'd like to make an official complaint against Billy.

0:58:15 > 0:58:17Help me, please.