Episode 2 The Escape Artist


Episode 2

Legal drama. Liam Foyle is back in the dock, and Will's nemesis is defending him. Will's central moral tenet that 'everyone deserves a defence' has come back to haunt him.


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Transcript


LineFromTo

I don't like people very much. I'm just not a very nice person.

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The world is broken. You shouldn't watch scary movies close to bedtime. We may dislike Mr Foyle.

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We do not have to like him to defend him.

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I don't do things for exposure. Why then? Everyone deserves a defence.

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Given the press this case has generated, Mr Foyle cannot be given a fair trial.

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I have no alternative but to discharge the jury

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and release the defendant.

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Will, good man. Thank you, my friend.

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Pleasure. Take care.

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We'll see you up there. But hurry up, I want to show you something.

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Aaargh!

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Kate?! Jamie!

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Dad! Jamie!

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You're defending him. Everyone deserves a defence. That's right.

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That's right.

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This programme contains some strong language.

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LOUD BIRDSONG

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Mum! Mum! Dad!

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Help! Dad! Dad! No! DAD!!

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Dad!! No! All right... All right...

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HE COUGHS It's all right, all right. It's OK.

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It's all right, it's all right. Shh. Ssshhhh...

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LABOURED BREATHS Ssshhhh...

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(Sssshhhh...)

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POLICE SIREN RECEDES

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Harris? Trevor Harris. Anyone?

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Plea and case management on Will's case.

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Whole thing just got moved up. We'll have to change the dates. Good.

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No, not good at all.

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We need all the bloody time we can get.

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We're absolutely sure Will's son didn't see anything.

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It's just if we had two witness statements. I mean,

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it would take the weight off the DNA.

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If it comes in. This is where we are.

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This is what we've have to work with. Blood, ID, alibi.

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And God help us, a following wind.

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No, that's what I'm trying to explain to you.

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Look, my wife does not wear aftershave

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and I am not the least bit interested in Peter Rabbit collectibles.

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So if you want me to join the dots for you, someone has stolen my wife's identity.

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Yeah, well, that's not going to happen, is it?

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Well, you can't talk to her.

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Yeah, I already identified her.

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I walked into the mortuary and kissed her face.

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Yeah. CLATTERS

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Did I scare you?

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I'm sorry.

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I wish things could be different, but they're not.

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HE SIGHS

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Look, if you ever want to tell me something, anything,

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about what happened, I'll be here. OK?

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Just come right out and say it.

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I'll be listening.

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Yeah?

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When it rains, what happens to all the little animals?

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Do they drown, do you think? Mr Foyle.

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I used to love it when it rained.

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But now I get so sad when it's wet out cos all I can think about is

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all these little bodies clawing and squeaking at the earth and the mud

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and the water and drowning in the dark.

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It's a shame the plants have to drink. I know they do,

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but it's a shame. I get so sad when it's wet.

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Especially after the summer we had.

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Mr Foyle, we need to be sure that you understand your plea.

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Is there any evidence that puts me at the cottage?

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You were charged on the basis of one eyewitness identification.

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One. Yes, one. The son hasn't made a statement. Not yet.

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Yet.

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You think he saw something?

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There's only one witness. That's what we're dealing with.

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What's that?

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Tea. HE LAUGHS

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What kind of tea? My tea.

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We also need to talk about your alibi, Ms Morris.

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We go into considerable detail in our defence statement about our whereabouts that evening

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and we are confident she will support this.

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Then why do we need to discuss this? Because we need to discuss this.

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Mr Burton is the only witness in this whole case.

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So he can't act for himself.

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You're well-versed in criminal procedure. I did a law course.

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Oh, really, where was that? Cambridge.

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Anglia Polytechnic University.

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We probably cycled past one another on Silver Street.

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It's a small world. Indeed.

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Yes, you're right, Mr Burton will not be in court.

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As he's a witness, he cannot act for the Crown in any way.

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It's just that, you know, he kept beating you, is all.

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He's not allowed to be there.

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So he just has to watch.

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I suppose so.

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Besides, it was very dark.

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Indeed.

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Shame about all those animals,

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isn't it?

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You have qualms.

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I beg your pardon? It's your first big defence. You're working late.

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You have qualms. He lost his wife.

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If the tables were turned, he would not hesitate.

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This is how it works.

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I just know that if I was Will...

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Ah. But you're not him, are you?

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Not yet, anyway.

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HE SHUTS DOOR

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THUNDERCLAP

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All right? I've probably only got about five minutes. It's a bit of a crazy morning. How's it looking?

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Every time I pass the conference room there's a huge queue of people

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knocking on the door. Everyone wants to help, mate.

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Who's leading? Mr Mayfield.

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Mr Harris is his junior. Everyone else was busy.

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Any idea what they are running with?

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You don't have to say a thing if you don't want to.

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Forensics found a size 12 boot print in the garden.

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But all Foyle's footwear is a size nine. No match on the tread.

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So as far as I can tell they are all waiting for the forensics' report.

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The crime scene blood. Plus, your ID of him.

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And? I think that's it.

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What about his alibi? His neighbour said she had dinner with him. They are looking into possible angles.

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What's this woman's name? Eileen Morris.

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Say that again.

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Eileen Morris, right? Did a little rooting around in the old case file.

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This is all I could come up with.

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He's a bird fancier, if you remember.

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See who's presenting him with that trophy?

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"Parish Council Events Committee Co-Chair Eileen Morris."

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That's all I've got for you I'm afraid.

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There was something else. I'm sure I've seen her name somewhere else.

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Thanks, Bob.

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You're welcome.

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DRAMATIC MUSIC PLAYS

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SHE STARTS ENGINE

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Foyle's alibi might not be as solid as they're making out.

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How do you know that?

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Doesn't seem fair.

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Biggest legal brain in the building,

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can't even talk to them about your own bloody case.

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No, I can't.

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Not directly.

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It's not like I am defending him anymore, is it?

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Do you have any idea where the Sandra Mullins case files are?

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I think so, yeah. Big box. Stubbed my toe on it last week.

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Do you think it might be near my office?

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I think it could be.

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PHONE RINGS

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DRAMATIC MUSIC PLAYS

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Mr Harris!

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Did you see the Collingwood arson brief? The private one?

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Yes, I caught sight of it as it flew past me at high velocity

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on its way to one of the silks. Why don't you take a page out of Tara's book?

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My nose is brown enough already, thank you.

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She does what she has to. Why don't you do that now and then? Because then I'd be like Tara, wouldn't I?

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You heading over? Foyle's making his plea. Right.

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So it's started. How's it looking, do you think? No sign of DNA at the scene,

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single eyewitness, recognition under duress. Not a lot of wiggle room.

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Will's boy was there - but if he had seen something, well,

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he would have said something, wouldn't he?

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Mr Harris.

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Don't. No, I've been thinking. Well, stop.

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I mean it.

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HE EXHALES

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Time to go.

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Hi, Jamie, welcome back.

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Are you OK? See you. Are you all right? All right.

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Liam Michael Foyle, you are charged on this indictment

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with one count of murder. How do you plead? Not guilty.

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My Lord, given the lack of evidence at this time we are serving a bail application notice.

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First I've heard of it. It was served in good time.

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I thought I gave it to you. Well, I read it.

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Bail granted, subject to conditions as per application.

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Thank you. Also, I've spoken to the List Officer who's informed me

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a slot is available for a week-long case on the 31st. Very well. Wait.

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That's only a few weeks away. It hardly gives us any time to prepare the evidence? What evidence?

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Mr Foyle, you may leave the dock.

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All rise.

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GENERAL MURMURS AND RECEDING FOOTSTEPS

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Never said thank you. Oh, you're welcome.

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See you soon. Yes.

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SHE STARTS ENGINE

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TAXI APPROACHES

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You're in a lot of trouble.

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I made you some crumble.

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I must have left my cage open cos a little birdie just bailed me out.

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You shouldn't have done that, Eileen, really.

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It takes half an hour.

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That's not what I am talking about. Oh, please. I was happy to pay.

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Welcome home.

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Apple or plum? Rhubarb. It's in the fridge at the parish council,

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waiting for you. It won't be there too long, I promise.

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Lots to be getting on with. Oh, sure.

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I fed them every day, just like you asked. Good.

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HE SHUTS DOOR

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HE WHISTLES

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BIRDS TRILL HE WHISTLES

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Everybody's hungry.

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All right, let's run it again, shall we?

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Post mortem indicates Kate was strangled before he cut into her.

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The knife entered... Any update on the footprints?

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Locus is littered with them, all the wrong size.

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After that, the blade passed through the trachea... You don't "pass through" the trachea.

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It's a sawing motion. The core strength of a fast bowler.

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Gavin! One hell of a blood spatter.

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Will's here.

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How the hell did this happen? The usual way.

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What? He came in the front door. (Close the bloody folder, will you?)

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(There's pictures of his wife!)

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Call ahead if you're going to just turn up. I work here, too.

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Everyone's behind you, but get caught trying to influence the case, you're jeopardising the enterprise.

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You're the only witness. So hands off. Protocol doesn't just need to be followed,

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it needs to be seen to be followed. I know. I actually studied law.

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We'd prefer it if you didn't even come into chambers. If I have to stay home one more day,

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I swear I'm going to kill somebody.

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I need to work. Please?

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It was today, wasn't it? The plea?

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They didn't call you? They should've called you.

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Talk to me! Not guilty.

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Remanded where? The Scrubs?

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Actually he got bail.

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Already in custody, low risk of absconding.

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It's conditional. When was this? This morning. Ohh!

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You should really be doing this through the... proper channels.

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Lend us chewing gum. Yeah. Did you hear about Dr Foster? Yeah.

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Dr Foster. THEY CHATTER

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It's Will Burton, Jamie's Dad. Tell him I'll be there to pick him up?

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"He left with Alfie, they said they were getting the bus together."

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All right, thanks.

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GENERAL CHATTER AND LAUGHTER

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Connor, have you seen Jamie? No. OK. No, I haven't.

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Mum, anything? Is he here? They said he'd already left.

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Why didn't you call me?!

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Hi, Pat, is Jamie there? I was wondering if he came home with Alfie? Have you tried the library?

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TRAFFIC ROARS

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Is that a new phone? I got it recently.

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Listen to this.

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Yeah, I heard it on the radio yesterday.

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Ah, it's my stop. See you. See you at school.

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Did he get off at Alfie's stop?

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OK. All right.

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No, don't worry. Don't worry. Thanks.

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That's it, I'm calling the police.

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DOOR SHUTS Jamie?!

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Where have you been?! We went to the shop. Did you talk to anyone? No.

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Promise me you'll not talk to anyone you don't know, OK? Not on the street, the playground, not anywhere.

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I'm picking you up from school from now on. OK? Every single day. OK?

0:21:170:21:22

Dad! Just give me a minute.

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RUSSIAN ACCENT: The sea lions of Moscow are horny this time of year. Up yours.

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Oh, relax.

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Right, come on. Let's go upstairs. Why?

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Come on, boy. HE WHISTLES

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Come on.

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Couldn't meet in a park? It's the best place to hide, in a crowd.

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In plain sight. Plain stupid.

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We're just chatting. Two blokes having a chat.

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What do you want to do?

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Let's talk football.

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I used to love our team. I still love our team.

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D'you know what I think the problem is? We're missing our star striker.

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No way can he can play. It's against the rules.

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He can hardly score goals from the bench. He can't even watch the match.

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He's forbidden from watching the match. Absolutely.

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So I am thinking that, from time to time,

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maybe I could get someone to talk to you about our attacking game. Danny.

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The door's over there if you're feeling uncomfortable. I say a door.

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You need a better goalmouth strategy. Christ, don't do that. What's the matter?

0:22:420:22:47

What's the matter? What's the matter? Trevor. Hi. What's the matter?

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You do know what it is you're doing, what we're doing, don't you?

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What is it we're doing exactly? We're talking. About football.

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Here we are, men talking about football. Nothing wrong with that.

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Except when footballers talk about football before a match

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they don't lose their jobs. I know this is a big ask.

0:23:050:23:08

I appreciate you must have been hoping that Mayfield would pick

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someone else, someone more suited, perhaps, to something like this,

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but the fact is, everyone else was gainfully employed and, well,

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I'm just sorry it had to be me.

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You're the hardest-working barrister in the set. Well, I...

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Thank you. All the same,

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I need to think about it. Foyle had a storage unit.

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He told us about it during the Sandra Mullins trial.

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He cleared it out six months before the murder.

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It played no further part in the proceedings. Someone took it on after him. Eileen Morris.

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If something's not turning up it just might mean you need to look for it somewhere else.

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Probatio vincit praesumptionem.

0:23:490:23:51

Thanks for the drink. You're welcome. That's for you, by the way.

0:23:560:24:00

What's that? Colinwood brief. Mr Spencer's off on holiday.

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Where's he going? I haven't decided yet.

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ROCK MUSIC ON TV

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LAUGHTER AND CHATTER ON TV

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TURNS SOUND OFF I need to ask you something.

0:24:470:24:50

In the cottage, you didn't actually see that man, did you?

0:24:510:24:55

It was dark.

0:25:010:25:04

Sorry, I shouldn't have asked.

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TURNS ON SOUND

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"Yeah! Whoo!"

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METALLIC CLUNKS

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PHONE RINGS

0:26:080:26:10

What? "Am I disturbing you?"

0:26:160:26:18

What do you want, Peter? "Can you spare an hour tonight?"

0:26:190:26:22

It's late. "You didn't answer the question."

0:26:220:26:25

Tonight's a bit difficult. Difficult for all of us, my dear.

0:26:260:26:31

Foyle is our client. He's called a meeting.

0:26:310:26:33

"We have a duty to listen."

0:26:330:26:35

"He sounds very interested." Yeah. "Says he's remembered something."

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I said yes.

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HE SIGHS Straight to voicemail.

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Send a clerk round. Where? Harrods.

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His house. To his house.

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We can't do that. SHE SIGHS

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I'm not staying here all night.

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VOICEMAIL: "Hi, it's Kate. I'm not here right now, but leave a message. Bye."

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DIALS: "Hi, it's Kate. I'm not here right now, but leave a message. Bye!"

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DIALS: "Hi, it's Kate. I'm not here right now, but leave a message. Bye!"

0:27:330:27:38

DIALS: "Hi, it's Kate. I'm not here right now, but leave a message. Bye!"

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HE EXHALES

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TRAIN RATTLES OVERHEAD

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It's all right. No! It's me, it's me, it's me.

0:28:050:28:08

Jesus. You were half a second away from an eye patch.

0:28:100:28:13

Foyle murdered Sandra Mullins. You need to know that. You said otherwise in court.

0:28:130:28:18

I see things differently now. If you had reservations you should have acted on those.

0:28:180:28:22

He claimed his innocence and I spoke for him. I lawyered him out of it, that's all.

0:28:220:28:27

But I know he killed her. He is a murderer, there is no doubt. We differ on this point.

0:28:270:28:31

I mean it. You need to be careful. You can't stand seeing me do well, can you?

0:28:310:28:36

This is good for me. Good for you?

0:28:360:28:39

I am truly sorry for what happened to you, but this is a job.

0:28:390:28:43

Work is work. That's it. Foyle murdered Kate.

0:28:440:28:47

You let that man in, you are risking everything.

0:28:480:28:51

Don't make the same mistake.

0:28:510:28:53

Goodnight, Will. I mean it. Don't be alone.

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DISTANT SIREN

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Did your... Did your friend find you?

0:29:140:29:16

Friend? Yeah, he rang your doorbell.

0:29:170:29:19

What makes you think it was my friend? He put your bin bag out.

0:29:200:29:24

SUSPENSE MUSIC

0:29:410:29:43

GENERAL CHATTER

0:30:310:30:33

HE SIGHS She...

0:30:350:30:37

King makes the travel arrangements - Blood was all Kate's.

0:30:370:30:41

No DNA match to Foyle whatsoever. What does that leave exactly?

0:30:410:30:45

Will's ID of Foyle in the locus, going for this alibi,

0:30:450:30:48

and that's it. Does that even get you through the door?

0:30:480:30:51

All the same we need to collate some skeleton arguments on how to beat

0:30:510:30:55

a Turnbull Direction should it come to it. That's like arguing with a tube train in a tunnel.

0:30:550:31:00

I don't see they have much choice. No, well, quite.

0:31:000:31:03

Yes, thank you for all your help. We said we'd be there for him.

0:31:030:31:07

Yes, well we will be. How, exactly?

0:31:070:31:09

I think we've missed a trick. I've been digging in the old files.

0:31:090:31:12

There was a storage unit.

0:31:120:31:14

Foyle had one before the Sandra Mullins murder.

0:31:140:31:16

It didn't make it into the evidence because he'd emptied it six months before.

0:31:160:31:21

It was passed on to somebody else. Want to guess who?

0:31:210:31:24

She's his alibi. She cooked him dinner at her home.

0:31:270:31:30

OK...

0:31:320:31:34

You're sure she was paying for this? Direct debit ever since.

0:31:340:31:38

If we're drawing a blank on the link to the locus it doesn't mean there isn't one,

0:31:400:31:44

it might just mean we're looking in the wrong place.

0:31:440:31:47

Probatio vincit praesumptionem.

0:31:470:31:49

Get a call into the OIC for me, will you? We need a warrant in motion.

0:31:490:31:54

In the meantime, let's revisit all we know about Eileen Murray.

0:31:540:31:57

The IOC for you.

0:31:580:32:00

It's like he's finally worked out how to switch on his brain. HE CHUCKLES

0:32:070:32:11

What is it? They called me again, about my statement.

0:32:240:32:28

I thought you gave one?

0:32:300:32:32

They asked me to clarify it. Again.

0:32:320:32:34

And what did you say? Well, I told them the truth.

0:32:360:32:40

I told them all about our evening.

0:32:410:32:44

Well, there are you, then.

0:32:460:32:48

But why did they need to check up on me like that? I don't know.

0:32:500:32:53

But there's nothing more to worry about,... is there?

0:32:540:32:57

No, I suppose there's not.

0:32:590:33:01

You look freezing.

0:33:040:33:06

Why don't you come in for a minute?

0:33:080:33:11

Oh, I just have to pop home first. Now, if that's OK.

0:33:110:33:14

OK. OK.

0:33:160:33:19

BIRDS SQUAWK AND SING

0:33:240:33:26

You know anything about kettles?

0:33:460:33:48

Oh, it's switched off at the wall. Oh.

0:33:590:34:01

LAUGHS

0:34:020:34:04

SLAMS DOOR These people, these lawyers,

0:34:080:34:11

they don't see you.

0:34:140:34:16

Did you know that? Uh-uh.

0:34:160:34:19

They don't have an ounce of mercy in them. And I'll be honest, Eileen.

0:34:190:34:24

They can be very manipulative.

0:34:240:34:26

Eileen, I want to protect you as best as I can, I really do,

0:34:280:34:32

but...

0:34:340:34:36

I need you to be a little more sure of yourself.

0:34:360:34:39

Sure? Of yourself.

0:34:430:34:45

Yeah, I think I can do that, yes.

0:34:460:34:48

You be you... and I'll be them.

0:34:490:34:53

Miss Morris, can you tell the court where you were

0:34:560:35:01

on the evening of the 3rd of December?

0:35:010:35:03

I was at home.

0:35:050:35:07

And what did you have to eat?

0:35:070:35:10

Spaghetti carbonara. Wrong.

0:35:100:35:12

Er... Con funghi. Wrong.

0:35:140:35:16

No, it's not. HE MIMICS HER No, it's not.

0:35:190:35:23

Er... I don't... I don't understand.

0:35:240:35:26

Have courage in your conviction.

0:35:260:35:29

(Don't let them rattle you.)

0:35:300:35:32

What did you have to eat?

0:35:350:35:36

Spaghetti con... fu... um...

0:35:380:35:41

I'm all confused now. Are you, Eileen? Are you confused?

0:35:410:35:44

Confused doesn't help us.

0:35:450:35:48

Confused makes everything go away.

0:35:480:35:50

Am I hurting you? SHE GROANS

0:35:550:35:57

(Yes.)

0:35:590:36:01

Am... I... hurting... you?

0:36:020:36:06

SHE LAUGHS

0:36:130:36:15

And what did you make for dinner that night?

0:36:200:36:22

S... Spaghetti Carbonara...

0:36:250:36:29

Cup of tea?

0:36:360:36:38

Gavin, can I ask your expert opinion on something.

0:36:470:36:50

Yes, of course. A barrister can't coach a witness, correct?

0:36:520:36:56

Gross misconduct. He'd be out in a flash.

0:36:560:36:59

What about a witness coaching a barrister?

0:36:590:37:02

I have a friend who is displaying

0:37:040:37:06

a sudden and surprising burst of talent.

0:37:060:37:10

I think he's getting help.

0:37:110:37:13

Well, he's not just risking his own neck.

0:37:140:37:17

He's risking his case, his client, and the reputation of his Chambers.

0:37:170:37:21

So, for the sake of your chum,

0:37:210:37:24

I suggest you find out what's going on.

0:37:240:37:26

Thank you.

0:37:280:37:30

BURSTS OVER POLICE RADIO

0:37:340:37:36

Did you need to go in the other one? They're both mine.

0:37:410:37:44

Yes, we will. Well, it's a bit of a, sorry, a bit of a squeeze.

0:37:460:37:50

Cos this one's mine as well, so...

0:37:520:37:54

They found a size 12 boot in the storage unit. It's a strong candidate

0:38:240:38:28

to match a tread in the locus. Foyle's a size nine. Doesn't stop him wearing a bigger boot.

0:38:280:38:33

Forget the alibi, focus on the boot. Get her on stand and make the connection.

0:38:330:38:37

But if we call her as our witness we can't cross examine her on the alibi, can we?

0:38:370:38:41

Her alibi's based on good character. It's a hard sell to undermine her. Show in court

0:38:470:38:52

they have an undisclosed connection through the storage unit, her credibility's undermined.

0:38:520:38:57

You may not have to do that if you prove this boot was at the scene.

0:38:570:39:00

A big choice. It's bite the bullet time. That's the way you should go. Tara's here. Walk away.

0:39:000:39:05

Walk away. Prove the link, undermine her. Double bubble.

0:39:050:39:08

Oh, and make sure that warrant was kosher.

0:39:080:39:11

DRAMATIC MUSIC

0:39:110:39:13

Trev! Looking a little bit lost there. Tara. Hi.

0:39:250:39:29

What are you doing here? Is Danny around? Why, have you seen him? Huh!

0:39:290:39:33

How bad? "She saw Harris. And she may have seen you too."

0:39:590:40:02

So we're burned. We're done. "So what happens now?"

0:40:040:40:07

HE EXHALES We cross our bloody fingers.

0:40:070:40:09

I'm very sorry.

0:40:270:40:29

I crossed a line. Yes, you did.

0:40:360:40:38

I've been so stressed about everything.

0:40:420:40:44

I'm sure you are.

0:40:450:40:47

See you later.

0:41:010:41:03

It's the first day of trial today.

0:41:270:41:29

They'll be arguing about evidence.

0:41:310:41:33

Jury's not in yet. You remember the drill.

0:41:330:41:35

Probably going to take Jamie up to the cottage this weekend,

0:41:400:41:43

go through your stuff. It's time. It might be good for him, you know?

0:41:430:41:47

You were always better at that sort of stuff than me, but we'll see how it goes.

0:41:500:41:55

That way it's done before I have to take the stand.

0:41:580:42:00

Everyone's done what they can. Everyone's been great.

0:42:060:42:09

A lot of people really love you.

0:42:110:42:13

We'll do our best, OK?

0:42:190:42:21

I promise.

0:42:240:42:26

Relax. So they found a boot. Big deal.

0:42:450:42:48

It's not DNA. We stick with what we agreed. Finalise the evidence.

0:42:480:42:52

Eileen will come through for us,... Mr Foyle?

0:42:540:42:58

We had dinner together. She'll confirm that under oath.

0:42:580:43:01

So the boot's not a problem? Not from where I'm sitting.

0:43:010:43:06

Just him and what he says he saw.

0:43:060:43:08

As it stands, yes.

0:43:090:43:12

As it stands.

0:43:120:43:14

You sure you're up for this?

0:43:410:43:43

Right.

0:43:450:43:47

Shall we start in here?

0:44:120:44:14

Mwah.

0:44:220:44:23

Hey, come here.

0:44:350:44:37

It's all right. It's all right.

0:44:380:44:40

It's OK.

0:44:430:44:45

Dad? Yeah.

0:44:570:44:59

Can I sell my books on eBay?

0:45:000:45:02

You can do whatever you want with them. I might do the same myself.

0:45:020:45:06

You? On eBay? You're rubbish with computers.

0:45:060:45:10

Yes. Me. What?

0:45:100:45:12

There's no way. No way.

0:45:120:45:15

You can't even turn a computer on.

0:45:170:45:19

I mean, I would eat my hat.

0:45:210:45:23

And I don't even have a hat.

0:45:240:45:26

Dad?

0:45:310:45:33

Mum said it was a surprise.

0:45:410:45:43

A nice surprise.

0:45:450:45:47

Speed-dial five, would you, please? What's going on?

0:45:500:45:53

I need to speak to someone, then we'll come back. Ready to dial?

0:45:530:45:57

Can we go back now? Press five on that phone and hold it down.

0:45:570:46:01

"Hello." When were you planning on telling me?! "Will?"

0:46:010:46:04

When he was in jail? "Listen..." Never? Were you just going to send me an ultrasound in the post?

0:46:040:46:09

"Are you driving?" I want a meeting with everyone tonight. You, Gavin, the coroner. Everyone!

0:46:090:46:15

Hang up. "Listen to me." PHONE BEEPS

0:46:150:46:17

Sorry, Jamie.

0:46:210:46:23

Jamie?

0:46:240:46:26

HE EXHALES DEEPLY

0:46:290:46:31

I should have fought him harder.

0:46:380:46:40

It's my fault. I'm sorry. I should've tried again.

0:46:410:46:46

Jamie, what are you saying?

0:46:460:46:48

I scratched his head.

0:46:490:46:51

You scratched him with your hands?!

0:46:520:46:54

And then I hid. You were in a box by the door.

0:46:540:46:57

Not the first time.

0:46:570:46:59

You moved?! Dad, look out!

0:47:000:47:02

TYRES SCREECH

0:47:020:47:04

CAR INDICATOR CLICKS

0:47:090:47:11

I'm sorry.

0:47:180:47:20

Me too.

0:47:210:47:23

I just need you to take a nice deep breath, OK?

0:47:260:47:29

And now I want you to explain to me exactly what happened.

0:47:310:47:35

PHONE RINGS

0:47:440:47:46

Yep.

0:47:500:47:51

"Maggie, Peter. Forensic team just found DNA at the cottage."

0:47:510:47:55

Foyle's? "Mmm. The boy moved, they found a sample under the sink."

0:47:550:47:59

Get on the phone and get Maggie!

0:48:010:48:03

I want my legal team, not you, Simpkins!

0:48:030:48:06

You're driving me up the wall. I can't hear you speak anymore!

0:48:060:48:09

"DNA it is, Mr Foyle. It's DNA!" What does DNA mean?!

0:48:090:48:13

Get Maggie here now!

0:48:140:48:16

"15th Floor. Doors opening."

0:48:170:48:20

What kind of DNA is the DNA that we've got?!

0:48:220:48:25

HE CONTINUES SHOUTING

0:48:300:48:32

Where did this DNA come from, Mr Simpkins!

0:48:350:48:38

"I can't tell you, Mr Foyle."

0:48:380:48:40

Is it from hair, Mr Simpkins? Is it from semen?!

0:48:400:48:43

RATTLES

0:48:430:48:44

You've locked him in? He said he'll only speak with you.

0:48:440:48:47

You've locked him in? Correct.

0:48:470:48:49

We were discussing his alibi. Then the conversation drifted to the new DNA evidence. And you let it?

0:48:490:48:55

It's only a low sample. Manifestly unreliable if we do our job properly.

0:48:550:48:58

He's not going to see it that way, is he? I suppose not.

0:48:580:49:01

It puts me there.

0:49:060:49:08

You're concerned about the DNA. It puts me in that cottage.

0:49:090:49:13

It puts me "at the locus", Margaret.

0:49:130:49:16

And now they think it's me.

0:49:160:49:18

They might think it says you were in the cottage... Is this how it's going to be? Here on in.

0:49:180:49:23

Do you think I enjoy spending my life sitting in an airless room with his coffee breath?

0:49:230:49:28

It's like an infernal machine. It chews you up.

0:49:280:49:30

Doesn't speak. Doesn't listen. Just keeps moving forward.

0:49:300:49:34

There's nothing you can do!

0:49:340:49:36

HE SIGHS OK,

0:49:380:49:40

we need to back up for moment. We?

0:49:430:49:47

We have a very clear alibi.

0:49:470:49:49

We?

0:49:510:49:53

HE LAUGHS You love it, don't you. "We".

0:49:530:49:56

We are one and the same.

0:49:560:49:59

In terms of this trial, our fates are intertwined.

0:49:590:50:03

But "we" don't go to prison. Do we?

0:50:030:50:05

We were not in the cottage.

0:50:080:50:09

No,... we... weren't.

0:50:090:50:12

So, we need to work out why the DNA would say that.

0:50:120:50:16

But it's science. And you can't argue with science.

0:50:180:50:22

I can, Mr Foyle.

0:50:230:50:25

In fact,

0:50:250:50:28

I can be very persuasive.

0:50:280:50:30

Good.

0:50:350:50:37

Be upstanding in court.

0:51:220:51:24

Mr Burton, I know this is going to be hard for you

0:51:440:51:48

given the circumstances,

0:51:480:51:50

so please take your time.

0:51:500:51:52

I saw him through the window. Him being?

0:51:530:51:55

Liam Foyle. He was known to you?

0:51:550:51:59

Yes. I'd just defended him in a criminal trial.

0:51:590:52:03

How often would you say you saw him during that period? Almost daily.

0:52:030:52:07

Over the trial period, six months.

0:52:070:52:09

Is there any doubt in your mind whatsoever

0:52:090:52:12

that the man you saw during those times

0:52:120:52:15

was the same man you saw staring at you through the kitchen window?

0:52:150:52:19

None whatsoever.

0:52:190:52:21

Ms Gardiner?

0:52:280:52:30

Mr Burton, you are a practising criminal defence barrister, are you not? Yes.

0:52:350:52:40

If a situation arises where a case against an accused

0:52:400:52:44

depends to a great extent on the identification of the accused,

0:52:440:52:48

is there a warning the judge should give the jury? Yes.

0:52:480:52:53

What is that warning called? It's called a Turnbull Direction.

0:52:530:52:56

In your professional opinion, is it important for the judge to warn the jury of the need for caution

0:52:560:53:01

before convicting anyone in any case that relies so heavily

0:53:010:53:05

on eyewitness identification? Yes.

0:53:050:53:07

Should the judge, in that situation, ask the jury to closely examine

0:53:070:53:12

every circumstance in which the identification was made?

0:53:120:53:15

Yes. Would... I can list them for you if you like.

0:53:150:53:20

No, thank you, I'm more than capable of recalling them on my own.

0:53:200:53:23

When you found her body, who did you see in the window?

0:53:240:53:27

I saw Liam Foyle.

0:53:270:53:30

You had "no doubt whatsoever" it was him. Yes.

0:53:300:53:33

There was a second individual present

0:53:330:53:36

at the time Kate Burton was killed, wasn't there?

0:53:360:53:38

Mr Burton?

0:53:400:53:42

Yes.

0:53:430:53:45

This would be your son James, is that right? Yes.

0:53:450:53:49

According to his statement, he was unable to make "any identification

0:53:490:53:55

of the attacker whatsoever." Is that right?

0:53:550:53:58

He's nine years old. He was hiding in a box. So if I might ask again.

0:53:580:54:01

Is it your understanding that he was not able to identify the attacker?

0:54:010:54:05

Yes.

0:54:070:54:09

So 50 percent of persons present

0:54:090:54:11

were not able to give a positive identification of the attacker.

0:54:110:54:15

Mr Burton, when a jury convicts, is it beyond all doubt?

0:54:160:54:20

Is... Is that the term?

0:54:200:54:22

Reasonable doubt. Beyond reasonable doubt.

0:54:260:54:29

Now let's have a think about what might be reasonable

0:54:290:54:32

in this situation, shall we?

0:54:320:54:34

When you saw the man you are alleging was the accused,

0:54:340:54:37

Mr Foyle, was it dark? Yes.

0:54:370:54:41

Were you under stress? Is that a serious question?

0:54:410:54:44

She was pregnant, did you know that? Mr Burton.

0:54:440:54:47

My Lord. Part Seven, Code of Conduct.

0:54:470:54:49

Please try and remember that you are a witness

0:54:490:54:52

and not counsel in this case, Mr Burton.

0:54:520:54:56

I am fully aware of the tragic circumstances we have surrounding us

0:54:560:54:59

and I am keenly aware of Mr Burton's incomprehensible loss, but in the case we have before us,

0:54:590:55:05

Mr Burton's distress cannot be avoided if my client is to be given a fair trial.

0:55:050:55:09

Very well then.

0:55:090:55:11

When you saw the man in the garden, were you under stress in any way?

0:55:110:55:15

Yes. What is a Bar Standards complaint?

0:55:180:55:21

It's a formal letter listing a complaint

0:55:250:55:28

against a practising barrister.

0:55:280:55:31

Have you ever received such a complaint?

0:55:310:55:33

I have.

0:55:350:55:36

Can you tell us who wrote that complaint?

0:55:360:55:39

A former client of mine wrote it. His name, please?

0:55:430:55:46

Liam Foyle.

0:55:510:55:53

In a dark room, in the shock and trauma of finding your wife

0:55:540:55:58

in a pool of blood on the floor,

0:55:580:56:00

holding her in your arms, still unclear as to where your son was,

0:56:000:56:03

you look up at the window and you see a man,

0:56:030:56:06

a man who recently had been given cause to make a serious complaint

0:56:060:56:11

against your conduct to the Bar Standards Board,

0:56:110:56:14

a man whose absence from your life would be very useful indeed.

0:56:140:56:18

But it wasn't that man, was it, Mr Burton?

0:56:180:56:21

You just wanted it to be.

0:56:220:56:24

Stop her. A bit late for that. She's twisting the facts to make them wrong. Doing a good job of it too.

0:57:060:57:11

If Defence had a problem, they should've argued it at the time. The issue has just come to light.

0:57:110:57:16

There's compelling evidence!

0:57:160:57:18

Can I come round tonight, please? I'm freaking out.

0:57:180:57:21

How did he know? There's no way he could have known.

0:57:210:57:24

When you killed her, did she die quickly?

0:57:240:57:27

How do you live with yourself?

0:57:270:57:29

You had us all worried for a minute. I'm just full of surprises.

0:57:290:57:33

Subtitles by Red Bee Media Ltd

0:57:580:58:01

# One, two, three, four... #

0:58:030:58:04

A family memoir that captured the hearts of millions.

0:58:040:58:08

A potter telling stories out of porcelain

0:58:080:58:10

and making objects out of words.

0:58:100:58:12

Liam Foyle is back in the dock, and Will's courtroom nemesis, Maggie Gardner, is defending him. Will's central moral tenet that 'everyone deserves a defence' has come back to haunt him.


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