0:00:01 > 0:00:05I don't like people very much. I'm just not a very nice person.
0:00:05 > 0:00:10The world is broken. You shouldn't watch scary movies close to bedtime. We may dislike Mr Foyle.
0:00:10 > 0:00:13We do not have to like him to defend him.
0:00:13 > 0:00:16I don't do things for exposure. Why then? Everyone deserves a defence.
0:00:16 > 0:00:21Given the press this case has generated, Mr Foyle cannot be given a fair trial.
0:00:21 > 0:00:23I have no alternative but to discharge the jury
0:00:23 > 0:00:26and release the defendant.
0:00:26 > 0:00:28Will, good man. Thank you, my friend.
0:00:29 > 0:00:31Pleasure. Take care.
0:00:33 > 0:00:37We'll see you up there. But hurry up, I want to show you something.
0:00:37 > 0:00:39Aaargh!
0:00:39 > 0:00:41Kate?! Jamie!
0:00:41 > 0:00:43Dad! Jamie!
0:00:43 > 0:00:49You're defending him. Everyone deserves a defence. That's right.
0:00:49 > 0:00:51That's right.
0:00:57 > 0:01:01This programme contains some strong language.
0:01:23 > 0:01:25LOUD BIRDSONG
0:01:41 > 0:01:44Mum! Mum! Dad!
0:01:44 > 0:01:51Help! Dad! Dad! No! DAD!!
0:01:51 > 0:01:54Dad!! No! All right... All right...
0:01:54 > 0:01:57HE COUGHS It's all right, all right. It's OK.
0:01:58 > 0:02:03It's all right, it's all right. Shh. Ssshhhh...
0:02:03 > 0:02:06LABOURED BREATHS Ssshhhh...
0:02:08 > 0:02:11(Sssshhhh...)
0:02:14 > 0:02:16POLICE SIREN RECEDES
0:02:17 > 0:02:20Harris? Trevor Harris. Anyone?
0:02:20 > 0:02:24Plea and case management on Will's case.
0:02:24 > 0:02:28Whole thing just got moved up. We'll have to change the dates. Good.
0:02:28 > 0:02:30No, not good at all.
0:02:31 > 0:02:33We need all the bloody time we can get.
0:02:40 > 0:02:43We're absolutely sure Will's son didn't see anything.
0:02:43 > 0:02:46It's just if we had two witness statements. I mean,
0:02:46 > 0:02:48it would take the weight off the DNA.
0:02:48 > 0:02:50If it comes in. This is where we are.
0:02:50 > 0:02:54This is what we've have to work with. Blood, ID, alibi.
0:02:55 > 0:02:57And God help us, a following wind.
0:02:59 > 0:03:02No, that's what I'm trying to explain to you.
0:03:02 > 0:03:04Look, my wife does not wear aftershave
0:03:04 > 0:03:08and I am not the least bit interested in Peter Rabbit collectibles.
0:03:08 > 0:03:14So if you want me to join the dots for you, someone has stolen my wife's identity.
0:03:14 > 0:03:16Yeah, well, that's not going to happen, is it?
0:03:16 > 0:03:19Well, you can't talk to her.
0:03:19 > 0:03:21Yeah, I already identified her.
0:03:21 > 0:03:23I walked into the mortuary and kissed her face.
0:03:24 > 0:03:26Yeah. CLATTERS
0:03:33 > 0:03:35Did I scare you?
0:03:36 > 0:03:38I'm sorry.
0:03:44 > 0:03:47I wish things could be different, but they're not.
0:03:47 > 0:03:49HE SIGHS
0:03:50 > 0:03:53Look, if you ever want to tell me something, anything,
0:03:53 > 0:03:56about what happened, I'll be here. OK?
0:03:56 > 0:03:58Just come right out and say it.
0:03:59 > 0:04:01I'll be listening.
0:04:01 > 0:04:04Yeah?
0:04:22 > 0:04:25When it rains, what happens to all the little animals?
0:04:25 > 0:04:27Do they drown, do you think? Mr Foyle.
0:04:27 > 0:04:29I used to love it when it rained.
0:04:29 > 0:04:32But now I get so sad when it's wet out cos all I can think about is
0:04:32 > 0:04:36all these little bodies clawing and squeaking at the earth and the mud
0:04:36 > 0:04:38and the water and drowning in the dark.
0:04:39 > 0:04:42It's a shame the plants have to drink. I know they do,
0:04:43 > 0:04:45but it's a shame. I get so sad when it's wet.
0:04:45 > 0:04:48Especially after the summer we had.
0:04:48 > 0:04:52Mr Foyle, we need to be sure that you understand your plea.
0:04:52 > 0:04:55Is there any evidence that puts me at the cottage?
0:04:55 > 0:04:59You were charged on the basis of one eyewitness identification.
0:04:59 > 0:05:04One. Yes, one. The son hasn't made a statement. Not yet.
0:05:05 > 0:05:06Yet.
0:05:06 > 0:05:09You think he saw something?
0:05:09 > 0:05:12There's only one witness. That's what we're dealing with.
0:05:13 > 0:05:14What's that?
0:05:14 > 0:05:17Tea. HE LAUGHS
0:05:17 > 0:05:19What kind of tea? My tea.
0:05:20 > 0:05:24We also need to talk about your alibi, Ms Morris.
0:05:24 > 0:05:29We go into considerable detail in our defence statement about our whereabouts that evening
0:05:29 > 0:05:31and we are confident she will support this.
0:05:31 > 0:05:35Then why do we need to discuss this? Because we need to discuss this.
0:05:37 > 0:05:41Mr Burton is the only witness in this whole case.
0:05:42 > 0:05:45So he can't act for himself.
0:05:45 > 0:05:49You're well-versed in criminal procedure. I did a law course.
0:05:49 > 0:05:52Oh, really, where was that? Cambridge.
0:05:53 > 0:05:55Anglia Polytechnic University.
0:05:55 > 0:05:59We probably cycled past one another on Silver Street.
0:06:02 > 0:06:05It's a small world. Indeed.
0:06:05 > 0:06:08Yes, you're right, Mr Burton will not be in court.
0:06:08 > 0:06:11As he's a witness, he cannot act for the Crown in any way.
0:06:11 > 0:06:15It's just that, you know, he kept beating you, is all.
0:06:15 > 0:06:17He's not allowed to be there.
0:06:20 > 0:06:22So he just has to watch.
0:06:23 > 0:06:25I suppose so.
0:06:27 > 0:06:30Besides, it was very dark.
0:06:34 > 0:06:36Indeed.
0:06:40 > 0:06:42Shame about all those animals,
0:06:43 > 0:06:45isn't it?
0:06:50 > 0:06:52You have qualms.
0:06:54 > 0:06:58I beg your pardon? It's your first big defence. You're working late.
0:06:58 > 0:07:00You have qualms. He lost his wife.
0:07:00 > 0:07:03If the tables were turned, he would not hesitate.
0:07:03 > 0:07:05This is how it works.
0:07:06 > 0:07:08I just know that if I was Will...
0:07:08 > 0:07:11Ah. But you're not him, are you?
0:07:13 > 0:07:15Not yet, anyway.
0:07:23 > 0:07:25HE SHUTS DOOR
0:07:28 > 0:07:30THUNDERCLAP
0:07:43 > 0:07:49All right? I've probably only got about five minutes. It's a bit of a crazy morning. How's it looking?
0:07:49 > 0:07:52Every time I pass the conference room there's a huge queue of people
0:07:52 > 0:07:56knocking on the door. Everyone wants to help, mate.
0:07:56 > 0:07:58Who's leading? Mr Mayfield.
0:08:00 > 0:08:03Mr Harris is his junior. Everyone else was busy.
0:08:05 > 0:08:07Any idea what they are running with?
0:08:09 > 0:08:11You don't have to say a thing if you don't want to.
0:08:13 > 0:08:17Forensics found a size 12 boot print in the garden.
0:08:17 > 0:08:20But all Foyle's footwear is a size nine. No match on the tread.
0:08:20 > 0:08:24So as far as I can tell they are all waiting for the forensics' report.
0:08:24 > 0:08:28The crime scene blood. Plus, your ID of him.
0:08:30 > 0:08:33And? I think that's it.
0:08:36 > 0:08:42What about his alibi? His neighbour said she had dinner with him. They are looking into possible angles.
0:08:42 > 0:08:44What's this woman's name? Eileen Morris.
0:08:45 > 0:08:48Say that again.
0:08:48 > 0:08:51Eileen Morris, right? Did a little rooting around in the old case file.
0:08:54 > 0:08:56This is all I could come up with.
0:08:56 > 0:08:58He's a bird fancier, if you remember.
0:08:59 > 0:09:02See who's presenting him with that trophy?
0:09:02 > 0:09:06"Parish Council Events Committee Co-Chair Eileen Morris."
0:09:06 > 0:09:08That's all I've got for you I'm afraid.
0:09:09 > 0:09:13There was something else. I'm sure I've seen her name somewhere else.
0:09:13 > 0:09:15Thanks, Bob.
0:09:15 > 0:09:18You're welcome.
0:09:18 > 0:09:20DRAMATIC MUSIC PLAYS
0:09:51 > 0:09:53SHE STARTS ENGINE
0:10:31 > 0:10:34Foyle's alibi might not be as solid as they're making out.
0:10:34 > 0:10:36How do you know that?
0:10:40 > 0:10:42Doesn't seem fair.
0:10:42 > 0:10:44Biggest legal brain in the building,
0:10:44 > 0:10:47can't even talk to them about your own bloody case.
0:10:47 > 0:10:49No, I can't.
0:10:49 > 0:10:51Not directly.
0:10:51 > 0:10:54It's not like I am defending him anymore, is it?
0:10:54 > 0:10:57Do you have any idea where the Sandra Mullins case files are?
0:10:57 > 0:11:01I think so, yeah. Big box. Stubbed my toe on it last week.
0:11:03 > 0:11:06Do you think it might be near my office?
0:11:09 > 0:11:12I think it could be.
0:11:12 > 0:11:14PHONE RINGS
0:11:14 > 0:11:16DRAMATIC MUSIC PLAYS
0:11:48 > 0:11:50Mr Harris!
0:11:50 > 0:11:54Did you see the Collingwood arson brief? The private one?
0:11:54 > 0:11:57Yes, I caught sight of it as it flew past me at high velocity
0:11:57 > 0:12:01on its way to one of the silks. Why don't you take a page out of Tara's book?
0:12:01 > 0:12:04My nose is brown enough already, thank you.
0:12:04 > 0:12:10She does what she has to. Why don't you do that now and then? Because then I'd be like Tara, wouldn't I?
0:12:10 > 0:12:14You heading over? Foyle's making his plea. Right.
0:12:14 > 0:12:18So it's started. How's it looking, do you think? No sign of DNA at the scene,
0:12:18 > 0:12:22single eyewitness, recognition under duress. Not a lot of wiggle room.
0:12:22 > 0:12:25Will's boy was there - but if he had seen something, well,
0:12:25 > 0:12:28he would have said something, wouldn't he?
0:12:30 > 0:12:32Mr Harris.
0:12:32 > 0:12:34Don't. No, I've been thinking. Well, stop.
0:12:34 > 0:12:36I mean it.
0:12:45 > 0:12:47HE EXHALES
0:12:49 > 0:12:51Time to go.
0:13:03 > 0:13:05Hi, Jamie, welcome back.
0:13:06 > 0:13:10Are you OK? See you. Are you all right? All right.
0:13:33 > 0:13:37Liam Michael Foyle, you are charged on this indictment
0:13:37 > 0:13:41with one count of murder. How do you plead? Not guilty.
0:13:41 > 0:13:46My Lord, given the lack of evidence at this time we are serving a bail application notice.
0:13:46 > 0:13:49First I've heard of it. It was served in good time.
0:13:49 > 0:13:51I thought I gave it to you. Well, I read it.
0:13:51 > 0:13:55Bail granted, subject to conditions as per application.
0:13:55 > 0:13:58Thank you. Also, I've spoken to the List Officer who's informed me
0:13:58 > 0:14:02a slot is available for a week-long case on the 31st. Very well. Wait.
0:14:02 > 0:14:08That's only a few weeks away. It hardly gives us any time to prepare the evidence? What evidence?
0:14:08 > 0:14:10Mr Foyle, you may leave the dock.
0:14:10 > 0:14:12All rise.
0:14:12 > 0:14:15GENERAL MURMURS AND RECEDING FOOTSTEPS
0:14:37 > 0:14:40Never said thank you. Oh, you're welcome.
0:14:45 > 0:14:47See you soon. Yes.
0:14:51 > 0:14:53SHE STARTS ENGINE
0:15:10 > 0:15:12TAXI APPROACHES
0:15:22 > 0:15:24You're in a lot of trouble.
0:15:25 > 0:15:27I made you some crumble.
0:15:27 > 0:15:31I must have left my cage open cos a little birdie just bailed me out.
0:15:31 > 0:15:34You shouldn't have done that, Eileen, really.
0:15:34 > 0:15:36It takes half an hour.
0:15:36 > 0:15:40That's not what I am talking about. Oh, please. I was happy to pay.
0:15:42 > 0:15:44Welcome home.
0:15:46 > 0:15:50Apple or plum? Rhubarb. It's in the fridge at the parish council,
0:15:50 > 0:15:53waiting for you. It won't be there too long, I promise.
0:15:57 > 0:15:59Lots to be getting on with. Oh, sure.
0:15:59 > 0:16:02I fed them every day, just like you asked. Good.
0:16:06 > 0:16:08HE SHUTS DOOR
0:16:18 > 0:16:20HE WHISTLES
0:16:26 > 0:16:28BIRDS TRILL HE WHISTLES
0:16:30 > 0:16:32Everybody's hungry.
0:16:49 > 0:16:51All right, let's run it again, shall we?
0:16:51 > 0:16:55Post mortem indicates Kate was strangled before he cut into her.
0:16:55 > 0:16:58The knife entered... Any update on the footprints?
0:16:58 > 0:17:01Locus is littered with them, all the wrong size.
0:17:01 > 0:17:07After that, the blade passed through the trachea... You don't "pass through" the trachea.
0:17:07 > 0:17:10It's a sawing motion. The core strength of a fast bowler.
0:17:10 > 0:17:12Gavin! One hell of a blood spatter.
0:17:12 > 0:17:14Will's here.
0:17:18 > 0:17:20How the hell did this happen? The usual way.
0:17:20 > 0:17:24What? He came in the front door. (Close the bloody folder, will you?)
0:17:24 > 0:17:26(There's pictures of his wife!)
0:17:26 > 0:17:29Call ahead if you're going to just turn up. I work here, too.
0:17:29 > 0:17:35Everyone's behind you, but get caught trying to influence the case, you're jeopardising the enterprise.
0:17:35 > 0:17:39You're the only witness. So hands off. Protocol doesn't just need to be followed,
0:17:39 > 0:17:42it needs to be seen to be followed. I know. I actually studied law.
0:17:42 > 0:17:47We'd prefer it if you didn't even come into chambers. If I have to stay home one more day,
0:17:47 > 0:17:49I swear I'm going to kill somebody.
0:17:51 > 0:17:52I need to work. Please?
0:17:56 > 0:17:58It was today, wasn't it? The plea?
0:17:58 > 0:18:01They didn't call you? They should've called you.
0:18:02 > 0:18:05Talk to me! Not guilty.
0:18:07 > 0:18:09Remanded where? The Scrubs?
0:18:10 > 0:18:12Actually he got bail.
0:18:12 > 0:18:14Already in custody, low risk of absconding.
0:18:14 > 0:18:17It's conditional. When was this? This morning. Ohh!
0:18:17 > 0:18:22You should really be doing this through the... proper channels.
0:18:28 > 0:18:32Lend us chewing gum. Yeah. Did you hear about Dr Foster? Yeah.
0:18:32 > 0:18:34Dr Foster. THEY CHATTER
0:18:44 > 0:18:47It's Will Burton, Jamie's Dad. Tell him I'll be there to pick him up?
0:18:47 > 0:18:51"He left with Alfie, they said they were getting the bus together."
0:18:51 > 0:18:53All right, thanks.
0:19:14 > 0:19:16GENERAL CHATTER AND LAUGHTER
0:19:23 > 0:19:26Connor, have you seen Jamie? No. OK. No, I haven't.
0:19:44 > 0:19:49Mum, anything? Is he here? They said he'd already left.
0:19:49 > 0:19:51Why didn't you call me?!
0:20:05 > 0:20:10Hi, Pat, is Jamie there? I was wondering if he came home with Alfie? Have you tried the library?
0:20:10 > 0:20:12TRAFFIC ROARS
0:20:13 > 0:20:17Is that a new phone? I got it recently.
0:20:17 > 0:20:19Listen to this.
0:20:23 > 0:20:27Yeah, I heard it on the radio yesterday.
0:20:28 > 0:20:30Ah, it's my stop. See you. See you at school.
0:20:54 > 0:20:56Did he get off at Alfie's stop?
0:20:57 > 0:20:59OK. All right.
0:20:59 > 0:21:01No, don't worry. Don't worry. Thanks.
0:21:01 > 0:21:04That's it, I'm calling the police.
0:21:04 > 0:21:06DOOR SHUTS Jamie?!
0:21:07 > 0:21:11Where have you been?! We went to the shop. Did you talk to anyone? No.
0:21:11 > 0:21:17Promise me you'll not talk to anyone you don't know, OK? Not on the street, the playground, not anywhere.
0:21:17 > 0:21:22I'm picking you up from school from now on. OK? Every single day. OK?
0:21:22 > 0:21:24Dad! Just give me a minute.
0:21:41 > 0:21:45RUSSIAN ACCENT: The sea lions of Moscow are horny this time of year. Up yours.
0:21:45 > 0:21:47Oh, relax.
0:21:47 > 0:21:50Right, come on. Let's go upstairs. Why?
0:21:50 > 0:21:52Come on, boy. HE WHISTLES
0:21:52 > 0:21:54Come on.
0:22:00 > 0:22:04Couldn't meet in a park? It's the best place to hide, in a crowd.
0:22:04 > 0:22:06In plain sight. Plain stupid.
0:22:06 > 0:22:09We're just chatting. Two blokes having a chat.
0:22:10 > 0:22:13What do you want to do?
0:22:13 > 0:22:15Let's talk football.
0:22:15 > 0:22:18I used to love our team. I still love our team.
0:22:18 > 0:22:22D'you know what I think the problem is? We're missing our star striker.
0:22:22 > 0:22:25No way can he can play. It's against the rules.
0:22:25 > 0:22:28He can hardly score goals from the bench. He can't even watch the match.
0:22:28 > 0:22:31He's forbidden from watching the match. Absolutely.
0:22:31 > 0:22:34So I am thinking that, from time to time,
0:22:34 > 0:22:38maybe I could get someone to talk to you about our attacking game. Danny.
0:22:38 > 0:22:42The door's over there if you're feeling uncomfortable. I say a door.
0:22:42 > 0:22:47You need a better goalmouth strategy. Christ, don't do that. What's the matter?
0:22:47 > 0:22:51What's the matter? What's the matter? Trevor. Hi. What's the matter?
0:22:51 > 0:22:55You do know what it is you're doing, what we're doing, don't you?
0:22:55 > 0:22:58What is it we're doing exactly? We're talking. About football.
0:22:58 > 0:23:02Here we are, men talking about football. Nothing wrong with that.
0:23:02 > 0:23:05Except when footballers talk about football before a match
0:23:05 > 0:23:08they don't lose their jobs. I know this is a big ask.
0:23:08 > 0:23:11I appreciate you must have been hoping that Mayfield would pick
0:23:11 > 0:23:16someone else, someone more suited, perhaps, to something like this,
0:23:16 > 0:23:21but the fact is, everyone else was gainfully employed and, well,
0:23:21 > 0:23:23I'm just sorry it had to be me.
0:23:23 > 0:23:28You're the hardest-working barrister in the set. Well, I...
0:23:29 > 0:23:31Thank you. All the same,
0:23:31 > 0:23:34I need to think about it. Foyle had a storage unit.
0:23:34 > 0:23:37He told us about it during the Sandra Mullins trial.
0:23:37 > 0:23:40He cleared it out six months before the murder.
0:23:40 > 0:23:44It played no further part in the proceedings. Someone took it on after him. Eileen Morris.
0:23:44 > 0:23:49If something's not turning up it just might mean you need to look for it somewhere else.
0:23:49 > 0:23:51Probatio vincit praesumptionem.
0:23:56 > 0:24:00Thanks for the drink. You're welcome. That's for you, by the way.
0:24:00 > 0:24:03What's that? Colinwood brief. Mr Spencer's off on holiday.
0:24:03 > 0:24:06Where's he going? I haven't decided yet.
0:24:09 > 0:24:11ROCK MUSIC ON TV
0:24:22 > 0:24:24LAUGHTER AND CHATTER ON TV
0:24:47 > 0:24:50TURNS SOUND OFF I need to ask you something.
0:24:51 > 0:24:55In the cottage, you didn't actually see that man, did you?
0:25:01 > 0:25:04It was dark.
0:25:06 > 0:25:08Sorry, I shouldn't have asked.
0:25:19 > 0:25:21TURNS ON SOUND
0:25:36 > 0:25:38"Yeah! Whoo!"
0:25:47 > 0:25:49METALLIC CLUNKS
0:26:08 > 0:26:10PHONE RINGS
0:26:16 > 0:26:18What? "Am I disturbing you?"
0:26:19 > 0:26:22What do you want, Peter? "Can you spare an hour tonight?"
0:26:22 > 0:26:25It's late. "You didn't answer the question."
0:26:26 > 0:26:31Tonight's a bit difficult. Difficult for all of us, my dear.
0:26:31 > 0:26:33Foyle is our client. He's called a meeting.
0:26:33 > 0:26:35"We have a duty to listen."
0:26:37 > 0:26:41"He sounds very interested." Yeah. "Says he's remembered something."
0:26:42 > 0:26:44I said yes.
0:26:57 > 0:26:59HE SIGHS Straight to voicemail.
0:27:01 > 0:27:03Send a clerk round. Where? Harrods.
0:27:05 > 0:27:07His house. To his house.
0:27:08 > 0:27:10We can't do that. SHE SIGHS
0:27:10 > 0:27:12I'm not staying here all night.
0:27:19 > 0:27:25VOICEMAIL: "Hi, it's Kate. I'm not here right now, but leave a message. Bye."
0:27:25 > 0:27:30DIALS: "Hi, it's Kate. I'm not here right now, but leave a message. Bye!"
0:27:33 > 0:27:38DIALS: "Hi, it's Kate. I'm not here right now, but leave a message. Bye!"
0:27:39 > 0:27:45DIALS: "Hi, it's Kate. I'm not here right now, but leave a message. Bye!"
0:27:46 > 0:27:48HE EXHALES
0:27:51 > 0:27:53TRAIN RATTLES OVERHEAD
0:28:05 > 0:28:08It's all right. No! It's me, it's me, it's me.
0:28:10 > 0:28:13Jesus. You were half a second away from an eye patch.
0:28:13 > 0:28:18Foyle murdered Sandra Mullins. You need to know that. You said otherwise in court.
0:28:18 > 0:28:22I see things differently now. If you had reservations you should have acted on those.
0:28:22 > 0:28:27He claimed his innocence and I spoke for him. I lawyered him out of it, that's all.
0:28:27 > 0:28:31But I know he killed her. He is a murderer, there is no doubt. We differ on this point.
0:28:31 > 0:28:36I mean it. You need to be careful. You can't stand seeing me do well, can you?
0:28:36 > 0:28:39This is good for me. Good for you?
0:28:39 > 0:28:43I am truly sorry for what happened to you, but this is a job.
0:28:44 > 0:28:47Work is work. That's it. Foyle murdered Kate.
0:28:48 > 0:28:51You let that man in, you are risking everything.
0:28:51 > 0:28:53Don't make the same mistake.
0:28:54 > 0:28:57Goodnight, Will. I mean it. Don't be alone.
0:29:09 > 0:29:11DISTANT SIREN
0:29:14 > 0:29:16Did your... Did your friend find you?
0:29:17 > 0:29:19Friend? Yeah, he rang your doorbell.
0:29:20 > 0:29:24What makes you think it was my friend? He put your bin bag out.
0:29:41 > 0:29:43SUSPENSE MUSIC
0:30:31 > 0:30:33GENERAL CHATTER
0:30:35 > 0:30:37HE SIGHS She...
0:30:37 > 0:30:41King makes the travel arrangements - Blood was all Kate's.
0:30:41 > 0:30:45No DNA match to Foyle whatsoever. What does that leave exactly?
0:30:45 > 0:30:48Will's ID of Foyle in the locus, going for this alibi,
0:30:48 > 0:30:51and that's it. Does that even get you through the door?
0:30:51 > 0:30:55All the same we need to collate some skeleton arguments on how to beat
0:30:55 > 0:31:00a Turnbull Direction should it come to it. That's like arguing with a tube train in a tunnel.
0:31:00 > 0:31:03I don't see they have much choice. No, well, quite.
0:31:03 > 0:31:07Yes, thank you for all your help. We said we'd be there for him.
0:31:07 > 0:31:09Yes, well we will be. How, exactly?
0:31:09 > 0:31:12I think we've missed a trick. I've been digging in the old files.
0:31:12 > 0:31:14There was a storage unit.
0:31:14 > 0:31:16Foyle had one before the Sandra Mullins murder.
0:31:16 > 0:31:21It didn't make it into the evidence because he'd emptied it six months before.
0:31:21 > 0:31:24It was passed on to somebody else. Want to guess who?
0:31:27 > 0:31:30She's his alibi. She cooked him dinner at her home.
0:31:32 > 0:31:34OK...
0:31:34 > 0:31:38You're sure she was paying for this? Direct debit ever since.
0:31:40 > 0:31:44If we're drawing a blank on the link to the locus it doesn't mean there isn't one,
0:31:44 > 0:31:47it might just mean we're looking in the wrong place.
0:31:47 > 0:31:49Probatio vincit praesumptionem.
0:31:49 > 0:31:54Get a call into the OIC for me, will you? We need a warrant in motion.
0:31:54 > 0:31:57In the meantime, let's revisit all we know about Eileen Murray.
0:31:58 > 0:32:00The IOC for you.
0:32:07 > 0:32:11It's like he's finally worked out how to switch on his brain. HE CHUCKLES
0:32:24 > 0:32:28What is it? They called me again, about my statement.
0:32:30 > 0:32:32I thought you gave one?
0:32:32 > 0:32:34They asked me to clarify it. Again.
0:32:36 > 0:32:40And what did you say? Well, I told them the truth.
0:32:41 > 0:32:44I told them all about our evening.
0:32:46 > 0:32:48Well, there are you, then.
0:32:50 > 0:32:53But why did they need to check up on me like that? I don't know.
0:32:54 > 0:32:57But there's nothing more to worry about,... is there?
0:32:59 > 0:33:01No, I suppose there's not.
0:33:04 > 0:33:06You look freezing.
0:33:08 > 0:33:11Why don't you come in for a minute?
0:33:11 > 0:33:14Oh, I just have to pop home first. Now, if that's OK.
0:33:16 > 0:33:19OK. OK.
0:33:24 > 0:33:26BIRDS SQUAWK AND SING
0:33:46 > 0:33:48You know anything about kettles?
0:33:59 > 0:34:01Oh, it's switched off at the wall. Oh.
0:34:02 > 0:34:04LAUGHS
0:34:08 > 0:34:11SLAMS DOOR These people, these lawyers,
0:34:14 > 0:34:16they don't see you.
0:34:16 > 0:34:19Did you know that? Uh-uh.
0:34:19 > 0:34:24They don't have an ounce of mercy in them. And I'll be honest, Eileen.
0:34:24 > 0:34:26They can be very manipulative.
0:34:28 > 0:34:32Eileen, I want to protect you as best as I can, I really do,
0:34:34 > 0:34:36but...
0:34:36 > 0:34:39I need you to be a little more sure of yourself.
0:34:43 > 0:34:45Sure? Of yourself.
0:34:46 > 0:34:48Yeah, I think I can do that, yes.
0:34:49 > 0:34:53You be you... and I'll be them.
0:34:56 > 0:35:01Miss Morris, can you tell the court where you were
0:35:01 > 0:35:03on the evening of the 3rd of December?
0:35:05 > 0:35:07I was at home.
0:35:07 > 0:35:10And what did you have to eat?
0:35:10 > 0:35:12Spaghetti carbonara. Wrong.
0:35:14 > 0:35:16Er... Con funghi. Wrong.
0:35:19 > 0:35:23No, it's not. HE MIMICS HER No, it's not.
0:35:24 > 0:35:26Er... I don't... I don't understand.
0:35:26 > 0:35:29Have courage in your conviction.
0:35:30 > 0:35:32(Don't let them rattle you.)
0:35:35 > 0:35:36What did you have to eat?
0:35:38 > 0:35:41Spaghetti con... fu... um...
0:35:41 > 0:35:44I'm all confused now. Are you, Eileen? Are you confused?
0:35:45 > 0:35:48Confused doesn't help us.
0:35:48 > 0:35:50Confused makes everything go away.
0:35:55 > 0:35:57Am I hurting you? SHE GROANS
0:35:59 > 0:36:01(Yes.)
0:36:02 > 0:36:06Am... I... hurting... you?
0:36:13 > 0:36:15SHE LAUGHS
0:36:20 > 0:36:22And what did you make for dinner that night?
0:36:25 > 0:36:29S... Spaghetti Carbonara...
0:36:36 > 0:36:38Cup of tea?
0:36:47 > 0:36:50Gavin, can I ask your expert opinion on something.
0:36:52 > 0:36:56Yes, of course. A barrister can't coach a witness, correct?
0:36:56 > 0:36:59Gross misconduct. He'd be out in a flash.
0:36:59 > 0:37:02What about a witness coaching a barrister?
0:37:04 > 0:37:06I have a friend who is displaying
0:37:06 > 0:37:10a sudden and surprising burst of talent.
0:37:11 > 0:37:13I think he's getting help.
0:37:14 > 0:37:17Well, he's not just risking his own neck.
0:37:17 > 0:37:21He's risking his case, his client, and the reputation of his Chambers.
0:37:21 > 0:37:24So, for the sake of your chum,
0:37:24 > 0:37:26I suggest you find out what's going on.
0:37:28 > 0:37:30Thank you.
0:37:34 > 0:37:36BURSTS OVER POLICE RADIO
0:37:41 > 0:37:44Did you need to go in the other one? They're both mine.
0:37:46 > 0:37:50Yes, we will. Well, it's a bit of a, sorry, a bit of a squeeze.
0:37:52 > 0:37:54Cos this one's mine as well, so...
0:38:24 > 0:38:28They found a size 12 boot in the storage unit. It's a strong candidate
0:38:28 > 0:38:33to match a tread in the locus. Foyle's a size nine. Doesn't stop him wearing a bigger boot.
0:38:33 > 0:38:37Forget the alibi, focus on the boot. Get her on stand and make the connection.
0:38:37 > 0:38:41But if we call her as our witness we can't cross examine her on the alibi, can we?
0:38:47 > 0:38:52Her alibi's based on good character. It's a hard sell to undermine her. Show in court
0:38:52 > 0:38:57they have an undisclosed connection through the storage unit, her credibility's undermined.
0:38:57 > 0:39:00You may not have to do that if you prove this boot was at the scene.
0:39:00 > 0:39:05A big choice. It's bite the bullet time. That's the way you should go. Tara's here. Walk away.
0:39:05 > 0:39:08Walk away. Prove the link, undermine her. Double bubble.
0:39:08 > 0:39:11Oh, and make sure that warrant was kosher.
0:39:11 > 0:39:13DRAMATIC MUSIC
0:39:25 > 0:39:29Trev! Looking a little bit lost there. Tara. Hi.
0:39:29 > 0:39:33What are you doing here? Is Danny around? Why, have you seen him? Huh!
0:39:59 > 0:40:02How bad? "She saw Harris. And she may have seen you too."
0:40:04 > 0:40:07So we're burned. We're done. "So what happens now?"
0:40:07 > 0:40:09HE EXHALES We cross our bloody fingers.
0:40:27 > 0:40:29I'm very sorry.
0:40:36 > 0:40:38I crossed a line. Yes, you did.
0:40:42 > 0:40:44I've been so stressed about everything.
0:40:45 > 0:40:47I'm sure you are.
0:41:01 > 0:41:03See you later.
0:41:27 > 0:41:29It's the first day of trial today.
0:41:31 > 0:41:33They'll be arguing about evidence.
0:41:33 > 0:41:35Jury's not in yet. You remember the drill.
0:41:40 > 0:41:43Probably going to take Jamie up to the cottage this weekend,
0:41:43 > 0:41:47go through your stuff. It's time. It might be good for him, you know?
0:41:50 > 0:41:55You were always better at that sort of stuff than me, but we'll see how it goes.
0:41:58 > 0:42:00That way it's done before I have to take the stand.
0:42:06 > 0:42:09Everyone's done what they can. Everyone's been great.
0:42:11 > 0:42:13A lot of people really love you.
0:42:19 > 0:42:21We'll do our best, OK?
0:42:24 > 0:42:26I promise.
0:42:45 > 0:42:48Relax. So they found a boot. Big deal.
0:42:48 > 0:42:52It's not DNA. We stick with what we agreed. Finalise the evidence.
0:42:54 > 0:42:58Eileen will come through for us,... Mr Foyle?
0:42:58 > 0:43:01We had dinner together. She'll confirm that under oath.
0:43:01 > 0:43:06So the boot's not a problem? Not from where I'm sitting.
0:43:06 > 0:43:08Just him and what he says he saw.
0:43:09 > 0:43:12As it stands, yes.
0:43:12 > 0:43:14As it stands.
0:43:41 > 0:43:43You sure you're up for this?
0:43:45 > 0:43:47Right.
0:44:12 > 0:44:14Shall we start in here?
0:44:22 > 0:44:23Mwah.
0:44:35 > 0:44:37Hey, come here.
0:44:38 > 0:44:40It's all right. It's all right.
0:44:43 > 0:44:45It's OK.
0:44:57 > 0:44:59Dad? Yeah.
0:45:00 > 0:45:02Can I sell my books on eBay?
0:45:02 > 0:45:06You can do whatever you want with them. I might do the same myself.
0:45:06 > 0:45:10You? On eBay? You're rubbish with computers.
0:45:10 > 0:45:12Yes. Me. What?
0:45:12 > 0:45:15There's no way. No way.
0:45:17 > 0:45:19You can't even turn a computer on.
0:45:21 > 0:45:23I mean, I would eat my hat.
0:45:24 > 0:45:26And I don't even have a hat.
0:45:31 > 0:45:33Dad?
0:45:41 > 0:45:43Mum said it was a surprise.
0:45:45 > 0:45:47A nice surprise.
0:45:50 > 0:45:53Speed-dial five, would you, please? What's going on?
0:45:53 > 0:45:57I need to speak to someone, then we'll come back. Ready to dial?
0:45:57 > 0:46:01Can we go back now? Press five on that phone and hold it down.
0:46:01 > 0:46:04"Hello." When were you planning on telling me?! "Will?"
0:46:04 > 0:46:09When he was in jail? "Listen..." Never? Were you just going to send me an ultrasound in the post?
0:46:09 > 0:46:15"Are you driving?" I want a meeting with everyone tonight. You, Gavin, the coroner. Everyone!
0:46:15 > 0:46:17Hang up. "Listen to me." PHONE BEEPS
0:46:21 > 0:46:23Sorry, Jamie.
0:46:24 > 0:46:26Jamie?
0:46:29 > 0:46:31HE EXHALES DEEPLY
0:46:38 > 0:46:40I should have fought him harder.
0:46:41 > 0:46:46It's my fault. I'm sorry. I should've tried again.
0:46:46 > 0:46:48Jamie, what are you saying?
0:46:49 > 0:46:51I scratched his head.
0:46:52 > 0:46:54You scratched him with your hands?!
0:46:54 > 0:46:57And then I hid. You were in a box by the door.
0:46:57 > 0:46:59Not the first time.
0:47:00 > 0:47:02You moved?! Dad, look out!
0:47:02 > 0:47:04TYRES SCREECH
0:47:09 > 0:47:11CAR INDICATOR CLICKS
0:47:18 > 0:47:20I'm sorry.
0:47:21 > 0:47:23Me too.
0:47:26 > 0:47:29I just need you to take a nice deep breath, OK?
0:47:31 > 0:47:35And now I want you to explain to me exactly what happened.
0:47:44 > 0:47:46PHONE RINGS
0:47:50 > 0:47:51Yep.
0:47:51 > 0:47:55"Maggie, Peter. Forensic team just found DNA at the cottage."
0:47:55 > 0:47:59Foyle's? "Mmm. The boy moved, they found a sample under the sink."
0:48:01 > 0:48:03Get on the phone and get Maggie!
0:48:03 > 0:48:06I want my legal team, not you, Simpkins!
0:48:06 > 0:48:09You're driving me up the wall. I can't hear you speak anymore!
0:48:09 > 0:48:13"DNA it is, Mr Foyle. It's DNA!" What does DNA mean?!
0:48:14 > 0:48:16Get Maggie here now!
0:48:17 > 0:48:20"15th Floor. Doors opening."
0:48:22 > 0:48:25What kind of DNA is the DNA that we've got?!
0:48:30 > 0:48:32HE CONTINUES SHOUTING
0:48:35 > 0:48:38Where did this DNA come from, Mr Simpkins!
0:48:38 > 0:48:40"I can't tell you, Mr Foyle."
0:48:40 > 0:48:43Is it from hair, Mr Simpkins? Is it from semen?!
0:48:43 > 0:48:44RATTLES
0:48:44 > 0:48:47You've locked him in? He said he'll only speak with you.
0:48:47 > 0:48:49You've locked him in? Correct.
0:48:49 > 0:48:55We were discussing his alibi. Then the conversation drifted to the new DNA evidence. And you let it?
0:48:55 > 0:48:58It's only a low sample. Manifestly unreliable if we do our job properly.
0:48:58 > 0:49:01He's not going to see it that way, is he? I suppose not.
0:49:06 > 0:49:08It puts me there.
0:49:09 > 0:49:13You're concerned about the DNA. It puts me in that cottage.
0:49:13 > 0:49:16It puts me "at the locus", Margaret.
0:49:16 > 0:49:18And now they think it's me.
0:49:18 > 0:49:23They might think it says you were in the cottage... Is this how it's going to be? Here on in.
0:49:23 > 0:49:28Do you think I enjoy spending my life sitting in an airless room with his coffee breath?
0:49:28 > 0:49:30It's like an infernal machine. It chews you up.
0:49:30 > 0:49:34Doesn't speak. Doesn't listen. Just keeps moving forward.
0:49:34 > 0:49:36There's nothing you can do!
0:49:38 > 0:49:40HE SIGHS OK,
0:49:43 > 0:49:47we need to back up for moment. We?
0:49:47 > 0:49:49We have a very clear alibi.
0:49:51 > 0:49:53We?
0:49:53 > 0:49:56HE LAUGHS You love it, don't you. "We".
0:49:56 > 0:49:59We are one and the same.
0:49:59 > 0:50:03In terms of this trial, our fates are intertwined.
0:50:03 > 0:50:05But "we" don't go to prison. Do we?
0:50:08 > 0:50:09We were not in the cottage.
0:50:09 > 0:50:12No,... we... weren't.
0:50:12 > 0:50:16So, we need to work out why the DNA would say that.
0:50:18 > 0:50:22But it's science. And you can't argue with science.
0:50:23 > 0:50:25I can, Mr Foyle.
0:50:25 > 0:50:28In fact,
0:50:28 > 0:50:30I can be very persuasive.
0:50:35 > 0:50:37Good.
0:51:22 > 0:51:24Be upstanding in court.
0:51:44 > 0:51:48Mr Burton, I know this is going to be hard for you
0:51:48 > 0:51:50given the circumstances,
0:51:50 > 0:51:52so please take your time.
0:51:53 > 0:51:55I saw him through the window. Him being?
0:51:55 > 0:51:59Liam Foyle. He was known to you?
0:51:59 > 0:52:03Yes. I'd just defended him in a criminal trial.
0:52:03 > 0:52:07How often would you say you saw him during that period? Almost daily.
0:52:07 > 0:52:09Over the trial period, six months.
0:52:09 > 0:52:12Is there any doubt in your mind whatsoever
0:52:12 > 0:52:15that the man you saw during those times
0:52:15 > 0:52:19was the same man you saw staring at you through the kitchen window?
0:52:19 > 0:52:21None whatsoever.
0:52:28 > 0:52:30Ms Gardiner?
0:52:35 > 0:52:40Mr Burton, you are a practising criminal defence barrister, are you not? Yes.
0:52:40 > 0:52:44If a situation arises where a case against an accused
0:52:44 > 0:52:48depends to a great extent on the identification of the accused,
0:52:48 > 0:52:53is there a warning the judge should give the jury? Yes.
0:52:53 > 0:52:56What is that warning called? It's called a Turnbull Direction.
0:52:56 > 0:53:01In your professional opinion, is it important for the judge to warn the jury of the need for caution
0:53:01 > 0:53:05before convicting anyone in any case that relies so heavily
0:53:05 > 0:53:07on eyewitness identification? Yes.
0:53:07 > 0:53:12Should the judge, in that situation, ask the jury to closely examine
0:53:12 > 0:53:15every circumstance in which the identification was made?
0:53:15 > 0:53:20Yes. Would... I can list them for you if you like.
0:53:20 > 0:53:23No, thank you, I'm more than capable of recalling them on my own.
0:53:24 > 0:53:27When you found her body, who did you see in the window?
0:53:27 > 0:53:30I saw Liam Foyle.
0:53:30 > 0:53:33You had "no doubt whatsoever" it was him. Yes.
0:53:33 > 0:53:36There was a second individual present
0:53:36 > 0:53:38at the time Kate Burton was killed, wasn't there?
0:53:40 > 0:53:42Mr Burton?
0:53:43 > 0:53:45Yes.
0:53:45 > 0:53:49This would be your son James, is that right? Yes.
0:53:49 > 0:53:55According to his statement, he was unable to make "any identification
0:53:55 > 0:53:58of the attacker whatsoever." Is that right?
0:53:58 > 0:54:01He's nine years old. He was hiding in a box. So if I might ask again.
0:54:01 > 0:54:05Is it your understanding that he was not able to identify the attacker?
0:54:07 > 0:54:09Yes.
0:54:09 > 0:54:11So 50 percent of persons present
0:54:11 > 0:54:15were not able to give a positive identification of the attacker.
0:54:16 > 0:54:20Mr Burton, when a jury convicts, is it beyond all doubt?
0:54:20 > 0:54:22Is... Is that the term?
0:54:26 > 0:54:29Reasonable doubt. Beyond reasonable doubt.
0:54:29 > 0:54:32Now let's have a think about what might be reasonable
0:54:32 > 0:54:34in this situation, shall we?
0:54:34 > 0:54:37When you saw the man you are alleging was the accused,
0:54:37 > 0:54:41Mr Foyle, was it dark? Yes.
0:54:41 > 0:54:44Were you under stress? Is that a serious question?
0:54:44 > 0:54:47She was pregnant, did you know that? Mr Burton.
0:54:47 > 0:54:49My Lord. Part Seven, Code of Conduct.
0:54:49 > 0:54:52Please try and remember that you are a witness
0:54:52 > 0:54:56and not counsel in this case, Mr Burton.
0:54:56 > 0:54:59I am fully aware of the tragic circumstances we have surrounding us
0:54:59 > 0:55:05and I am keenly aware of Mr Burton's incomprehensible loss, but in the case we have before us,
0:55:05 > 0:55:09Mr Burton's distress cannot be avoided if my client is to be given a fair trial.
0:55:09 > 0:55:11Very well then.
0:55:11 > 0:55:15When you saw the man in the garden, were you under stress in any way?
0:55:18 > 0:55:21Yes. What is a Bar Standards complaint?
0:55:25 > 0:55:28It's a formal letter listing a complaint
0:55:28 > 0:55:31against a practising barrister.
0:55:31 > 0:55:33Have you ever received such a complaint?
0:55:35 > 0:55:36I have.
0:55:36 > 0:55:39Can you tell us who wrote that complaint?
0:55:43 > 0:55:46A former client of mine wrote it. His name, please?
0:55:51 > 0:55:53Liam Foyle.
0:55:54 > 0:55:58In a dark room, in the shock and trauma of finding your wife
0:55:58 > 0:56:00in a pool of blood on the floor,
0:56:00 > 0:56:03holding her in your arms, still unclear as to where your son was,
0:56:03 > 0:56:06you look up at the window and you see a man,
0:56:06 > 0:56:11a man who recently had been given cause to make a serious complaint
0:56:11 > 0:56:14against your conduct to the Bar Standards Board,
0:56:14 > 0:56:18a man whose absence from your life would be very useful indeed.
0:56:18 > 0:56:21But it wasn't that man, was it, Mr Burton?
0:56:22 > 0:56:24You just wanted it to be.
0:57:06 > 0:57:11Stop her. A bit late for that. She's twisting the facts to make them wrong. Doing a good job of it too.
0:57:11 > 0:57:16If Defence had a problem, they should've argued it at the time. The issue has just come to light.
0:57:16 > 0:57:18There's compelling evidence!
0:57:18 > 0:57:21Can I come round tonight, please? I'm freaking out.
0:57:21 > 0:57:24How did he know? There's no way he could have known.
0:57:24 > 0:57:27When you killed her, did she die quickly?
0:57:27 > 0:57:29How do you live with yourself?
0:57:29 > 0:57:33You had us all worried for a minute. I'm just full of surprises.
0:57:58 > 0:58:01Subtitles by Red Bee Media Ltd
0:58:03 > 0:58:04# One, two, three, four... #
0:58:04 > 0:58:08A family memoir that captured the hearts of millions.
0:58:08 > 0:58:10A potter telling stories out of porcelain
0:58:10 > 0:58:12and making objects out of words.